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, WEDNESDAY, APRIL 13, 2005 No. 43 House of Representatives The House met at 10 a.m. and was a relationship with You through Your church in Pueblo, Colorado, one of that called to order by the Speaker pro tem- Son Jesus, for it is in Jesus’ name we State’s most under-reached areas. With pore (Ms. CAPITO). pray. Amen. his trademark enthusiasm and commit- f f ment to the Lord, he initiated several other church plants, including Fellow- DESIGNATION OF THE SPEAKER THE JOURNAL PRO TEMPORE ship of the Rockies in Colorado The SPEAKER pro tempore. The Springs. He then went to Florida to The SPEAKER pro tempore laid be- Chair has examined the Journal of the Merit Island, and now serves as the fore the House the following commu- last day’s proceedings and announces senior pastor of Westside Church in nication from the Speaker: to the House her approval thereof. Omaha, Nebraska, where my family WASHINGTON, DC, Pursuant to clause 1, rule I, the Jour- and I attend. April 13, 2005. nal stands approved. Dr. Dodd is also an accomplished au- I hereby appoint the Honorable SHELLY MOORE CAPITO to act as Speaker pro tempore f thor of three books: Add One to Grow on this day. PLEDGE OF ALLEGIANCE On; Hearts on Fire—the Keys to Dy- J. DENNIS HASTERT, namic Church Growth; and Running on Speaker of the House of Representatives. The SPEAKER pro tempore. Will the Empty in the Fast Lane. f gentleman from Florida (Mr. STEARNS) With a heart for the local church and come forward and lead the House in the PRAYER kingdom expansion, he has served on Pledge of Allegiance. various national and international de- Dr. Curt Dodd, Senior Pastor, Mr. STEARNS led the Pledge of Alle- nominational boards, but his greatest Westside Church, Omaha, Nebraska, of- giance as follows: accomplishments are seen in the eyes fered the following prayer: I pledge allegiance to the Flag of the Dear Heavenly Father, I ask You this of the men and women who have heard United States of America, and to the Repub- and accepted the message he brings, day to empower these representatives, lic for which it stands, one nation under God, that Jesus is our Lord and Saviour who wherever they may be, both in this indivisible, with liberty and justice for all. House and in committee meetings, died for our sins. f Madam Speaker, I know that I speak with true spiritual sensitivity. Give RECOGNIZING PASTOR CURT for my colleagues when I say we are them wisdom to know the difference DODD’S MINISTRY FOR CHRIST proud and honored to have Dr. Dodd between loud, hollow requests and op- with us today. portunities to positively impact an en- (Mr. TERRY asked and was given tire nation. permission to address the House for 1 f Protect them, O Father, from the minute and to revise and extend his re- temptation to be politically correct for marks.) IT IS TIME TO LEAD AMERICA TO the sake of a few while the audience of Mr. TERRY. Madam Speaker, I have ENERGY INDEPENDENCE heaven watches and millions in pos- the distinct honor to recognize Pastor (Mr. WILSON of South Carolina terity wait to weigh their influence. Curt Dodd, our guest chaplain in the asked and was given permission to ad- Help them this day to engage with House of Representatives today, and I dress the House for 1 minute and to re- purpose, using this platform for Your also want to thank him for his vise and extend his remarks.) glory and their personal growth. Pro- thoughtful and inspiring prayer. Mr. WILSON of South Carolina. tect their families, regardless of where Dr. Dodd began his ministry as an in- Madam Speaker, as summer ap- they may be this day. Surround them tern at the First Baptist Church in proaches, I am concerned about the ef- with Your presence, giving confidence Houston, Texas, in 1973. He was called fect that rising gas prices are having that You have met their every need. In to serve as associate pastor and then on family budgets and small busi- turn, may they meet the needs of oth- senior pastor at several Texas churches nesses. In the past 3 weeks, gas prices ers through their actions this day. before shepherding the Metropolitan have skyrocketed by 19 cents because Help them enjoy the privilege of rep- Baptist Church in Houston. Under Dr. of growing demand, high crude oil resenting millions of Americans this Dodd’s pastoral leadership, ‘‘the Met’’ prices, and higher refining costs. day. May their decisions this day received recognition as one of the fast- Congress can help reduce gas prices change our country for the better to- est growing churches in Texas and the by finally implementing a comprehen- morrow. Give them great joy in what Southern Baptist Convention. sive national energy policy. For the they do in this place. From 1995 to 1999, Dr. Dodd was past 4 years, the House has passed Father, may they experience what it called by God to leave his successful sound energy legislation that will re- really means to be in peace because of ministry at the church to start a duce our reliance on foreign sources of

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

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VerDate Aug 04 2004 02:47 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A13AP7.000 H13PT1 H1900 CONGRESSIONAL RECORD — HOUSE April 13, 2005 energy, increase conservation and in- prohibited from attending a school Mr. PRICE of Georgia. Madam crease the use of clean, modern and re- field trip without first obtaining paren- Speaker, it is time that we bury the liable sources of energy. But Demo- tal authorization, yet nothing forbids death tax today, once and for all. For crats are playing politics, smearing this child from being taken across too long the American dream has TOM DELAY, DICK CHENEY and State lines in disregard of State laws turned into the American nightmare Condoleezza Rice, and the United for the purpose of undergoing a life-al- and for too many citizens and count- States still does not have a comprehen- tering procedure, an abortion. less small businesses. sive national energy policy. Please note these documents from a Many Americans with dreams take South Carolina families need relief local school district in which it is re- risks, invest their savings, work long from record high energy costs, and quired to have extensive information hours, and the government keeps over Congress can now act to lead America and parental authorization for a simple half of their assets when they die, 55 to greater energy independence. This is field trip or for a release for disburse- percent. That is the amount Wash- a matter of economic and national se- ment of medication, a total of eight ington takes with the death tax, 55 per- curity and we cannot afford to wait an- pages for a field trip or for giving an cent, and that is not fair to anyone. other year. aspirin, even brought from the child’s The death tax undermines our econ- In conclusion, God bless our troops, home. But for an abortion, nothing is omy, and I know that we can do better. and we will never forget September 11. required. It costs our economy over 250,000 jobs a f My legislation, the Child Interstate year. That is a quarter of a million Abortion Notification Act, CIANA, people who should be collecting pay- PROTECTING THE NATION FROM would make it a Federal offense to checks rather than unemployment AVIAN FLU transport an underage child across checks. (Mr. EMANUEL asked and was given State lines in circumvention of State Madam Speaker, the death tax is permission to address the House for 1 and local parental notification laws for hurting families, and it is killing our minute and to revise and extend his re- the purpose of having an abortion. It small businesses. Freedom and liberty marks.) will also require that, in a State with- demand that hard-working Americans Mr. EMANUEL. Madam Speaker, this out a parental notification require- be able to leave their children the re- country is dangerously close to a real ment, abortion providers be required to sults of their success, not have Wash- biological crisis. Yesterday we learned notify a parent. ington get a windfall. Let us act today an American company mailed a deadly Today, CIANA will be marked up by and let the death tax die for good. avian flu strain to 37,000 laboratories in the House Committee on the Judiciary. f the United States and around the world I hope we can pass the bill in the House as part of a routine test kit. The poten- quickly to protect our underage girls. ETHICAL SYSTEM OF U.S. HOUSE OF REPRESENTATIVES tial error is a reminder of the real dan- f ger of a flu pandemic and the millions (Ms. SOLIS asked and was given per- of deaths it could cause. It also re- THE CHARADE OF GOP LEADER- mission to address the House for 1 minds us of the responsibility as a Con- SHIP REGARDING THE ESTATE minute and to revise and extend her re- gress and as a Nation to improve our TAX marks.) ability to produce and distribute flu (Mr. BLUMENAUER asked and was Ms. SOLIS. Madam Speaker, I rise vaccine and to prepare for the pan- given permission to address the House today to urge my Republican col- demic. for 1 minute and to revise and extend leagues to join me in restoring the eth- The Flu Protection Act, which Sen- his remarks.) ical system to this Chamber. ator BAYH and I introduced, would help Mr. BLUMENAUER. Madam Speaker, Currently, a member of the Repub- ensure that enough vaccine is produced I was moved by the words of Dr. Dodd lican leadership is at the center of a each year, fund research to combat from Omaha and thought about today’s troubling array of investigations into avian flu, and require the development continuation of the charade our friends corruption, abuse of power and ethics of contingency plans in the case of a in the Republican leadership play, a violations. Instead of being forthright pandemic. very cynical game that they have done and open to these allegations, the Re- The impending crisis must encourage every Congress since I have been here publican leadership has stripped the this administration to take action that is both unnecessary and unjusti- ethical rules of this institution to now. Earlier this month, President fied. cater and protect one of their own. By Bush took an important step when he Instead of allowing the legislative doing so, Republican leadership has authorized a quarantine to stem the process to work here to deal with the abandoned a tradition of trust and spread of avian flu. consensus that exists to raise estate transparency in this body. In a letter that Senator BAYH and I tax limits and solve problems of family As Members of Congress, we are re- will send today to the White House, businesses and farms, instead they are sponsible to adhering to the ethical there are other steps the President can going to go through an empty effort to guidelines set forth by this Congress. take without legislation. He can in- repeal it altogether, which ultimately As public servants, we must answer to crease our vaccine stockpiles, help they know will not happen. the American public, and while we States and cities prepare for the crisis In the meantime, this week, 2.9 mil- craft the law, we are not above the law. of a pandemic, and provide the incen- lion families are caught in the snare of I urge my colleagues to answer the tives for vaccine manufacturers to in- the Alternative Minimum Tax, not the concerns of the American public and crease their production. fabulously wealthy who are dodging remove the question of any possible Madam Speaker, yesterday’s an- taxes but hundreds of thousands of ethics violations that tarnish the rep- nouncement reminds us that the next hard-working, non-rich Americans, utation of this Chamber. Democrats flu pandemic is just around the corner, whose only sin is, they pay their taxes, want to restore strong, bipartisan eth- and the time to act is now. Congress they are raising their family and they ics rules. It is time Republicans join us and the President should not wait for are saving for the future. in passing the Mollohan resolution and this disaster to reach our shores before Rather than the fixing the Alter- restore the ethical system and the in- acting to protect this Nation. native Minimum Tax, today’s charade tegrity it upholds in the U.S. House of f is a shameful dereliction of duty for Representatives. American taxpayers. SUPPORT THE CHILD INTERSTATE f ABORTION NOTIFICATION ACT f DEMOCRACY IN THE MIDDLE EAST (Ms. ROS-LEHTINEN asked and was LET THE DEATH TAX DIE FOR (Mr. STEARNS asked and was given given permission to address the House GOOD permission to address the House for 1 for 1 minute and to revise and extend (Mr. PRICE of Georgia asked and was minute and to revise and extend his re- her remarks.) given permission to address the House marks.) Ms. ROS-LEHTINEN. Madam Speak- for 1 minute and to revise and extend Mr. STEARNS. Madam Speaker, it er, in most schools an underage child is his remarks.) has been 2 years since the United

VerDate Aug 04 2004 02:47 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.003 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1901 States troops entered Iraq, and it has NATIONAL CRIME VICTIMS’ on Rules to hold a bipartisan ethics become clear that the democratic elec- RIGHTS WEEK hearing. As guardians of the demo- tions that have been provided to the (Mr. KENNEDY of Minnesota asked cratic process, our Committee on Rules people of Iraq through this campaign and was given permission to address has the unique responsibility to pro- have begun to spread throughout the the House for 1 minute and to revise tect the integrity of this hallowed in- region. and extend his remarks.) stitution. In Beirut on Monday, hundreds of Mr. KENNEDY of Minnesota. Madam What are we waiting for? This dark thousands of Lebanese protesters gath- Speaker, this week is the 25th anniver- cloud must be lifted, the air must be ered in Martyr Square, which some are sary of National Crime Victims’ Rights cleansed, and the ethics rules must be fully restored, because the very credi- now calling Freedom Square, to dem- Week. When President Reagan first an- bility of the government and its ability onstrate for the removal of Syrian nounced National Crime Victims’ to lead the American people hang in troops to withdraw from Lebanon. Rights Week, he said, ‘‘For too long, the balance. They chanted, ‘‘Sovereignty, Freedom, the victims of crime have been the for- and Independence.’’ gotten persons of our criminal justice f When their prime minister was assas- system. Each new victim personally DEATH TAX REPEAL PERMA- sinated 4 weeks ago and replaced with represents an instance in which the NENCY ACT KEEPS FAMILY a pro-Syrian prime minister, the Leba- system has failed, and lack of concern FARMS THRIVING nese people took to the streets and for victims compounds that failure.’’ (Mr. RYUN of Kansas asked and was called for freedom. Their protests The Crime Victims’ Rights constitu- given permission to address the House sparked the resignation of the pro-Syr- tional amendment is an important step for 1 minute and to revise and extend ian prime minister. forward that will empower crime vic- his remarks.) Because of U.S. efforts in the Middle tims by allowing them to confront Mr. RYUN of Kansas. Madam Speak- East, freedom is no longer something their assailants in court and alerting er, I rise today to urge my colleagues inconceivable to the people of this re- them of prisoner releases and allowing to vote to permanently repeal the gion. Instead, they have witnessed the victims to seek restitution from their death tax. The death tax hurts average spread of freedom to their neighbors attackers. Americans who have worked hard to and have been empowered by it. Last Congress, we passed the PRO- build a family business and want to We must continue to support policies TECT Act, also known as the Amber pass it on to their children. which promote freedom in the Middle Alert bill. The PROTECT Act stiffens Arguments from my colleagues on East. penalties for sex offenders, eliminated the other side of the aisle ignore those the statute of limitations for these who the death tax hurts the most. I am f crimes, and created a national Amber particularly concerned about one group MEMORIALIZING THE NATIONAL Alert system. We passed the Debbie of people impacted by the death tax, DAY OF SILENCE Smith Act, which funds expanding and and that is the family farm. improving the quality of crime labs to There are approximately 2 million (Mr. FARR asked and was given per- conduct DNA analyses to catch sex of- family farms in America, many of mission to address the House for 1 fenders and other criminals, ensuring which are in my district, the second minute and to revise and extend his re- that the right person is going to jail. district of Kansas. These farms produce marks.) But there is more we can do. Last 94 percent of the American agricultural Mr. FARR. Madam Speaker, I rise year, Minnesota suffered a great trag- products that are sold. More impor- today to provide a voice for those too edy with Dru Sjodin being abducted. tantly, however, they pay death taxes often silenced, the gay, lesbian, bisex- We need to pass Dru’s Law this year. as high as 47 percent when they deed ual and transgendered students who the farm to their children. Further- f face verbal, nonverbal and physical more, there are twice as many farm es- harassment in our schools. ARROGANT MAJORITY tates paying death taxes than any DISMANTLES ETHICS PROCESS other type of estates combined. This b 1015 (Ms. SLAUGHTER asked and was troubles me because family farms can- Today is the National Day of Silence; given permission to address the House not afford to pay high taxes that could and across the country, students have for 1 minute and to revise and extend be pushing them out of business. taken a vow of silence to protest the her remarks.) Unless we act, the death tax will be discrimination and intolerance that Ms. SLAUGHTER. Madam Speaker, a reinstated in 2011. If that happens, gay, lesbian, bisexual, and transgender dark cloud and a suspicion of corrup- countless family farms will be forced people face on a daily basis. We must tion hangs over this House of Rep- to sell land, buildings, and equipment, continue to promote the diversity that resentatives. It is the talk of the Na- putting them out of business. For this reason, I urge my colleagues makes our country so rich, while de- tion. With no Committee on Standards to vote in favor of the family farm and nouncing stereotypes that make it of Official Conduct or reasonable eth- vote for the Death Tax Repeal Perma- harder for youths to accept themselves. ical standards to speak of, there is no nency Act. Stereotypes also contribute to the har- hope that the dark cloud will recede assment, prejudice, and discrimination and that daylight will be let in. f that silence GLBT youth. By systematically dismantling the REPUBLICAN-LEANING ‘‘PLAIN For that reason, I am proud to spon- House ethics process, the majority has DEALER’’ EDITORIAL SEEKS sor H.R. 123, which memorializes the denied this House the right to inves- BREATH OF INTEGRITY National Day of Silence. tigate its own Members and thus be- (Mr. BROWN of Ohio asked and was I would also like to highlight the new trayed our core American values. Hon- given permission to address the House campaign from the Gay Lesbian esty, integrity, and accountability, the for 1 minute and to revise and extend Straight Education Network called values, which should be the hallmark his remarks.) TeachRespect.org. of this government, have instead been Mr. BROWN of Ohio. Madam Speak- I would also like to thank Mat Fri- thrown under the bus by an arrogant er, from April 8, a Plain Dealer edi- day and Bruce Carlsen, community majority, casualties in a misguided torial from a Cleveland Republican- members in my district who are work- campaign to shield from accountability leaning newspapers writes: ‘‘Tom ing hard to make K–12 schools safe, and those who abuse this House. DeLay, the House Majority Leader, can especially Stewart Rosenstein, who is a This House cannot function without fashion what to him is a reasonable ex- tireless advocate for the GLBT youth an open, accountable, and independent planation for each of the ethics ques- in Santa Cruz, California. ethics process; and the molestation of tions increasingly being raised against I commend my colleague, the gen- that process by the majority is an him. tleman from New York (Mr. ENGEL), for abuse of power that cannot stand. ‘‘ ‘It’s a witch hunt by a Democrat introducing such important legislation. It is for these reasons I have repeat- out to destroy him,’’’ DeLay responds. I urge my colleagues to be cosponsors. edly asked the Chair of the Committee This is the Plain Dealer writing.

VerDate Aug 04 2004 00:38 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.005 H13PT1 H1902 CONGRESSIONAL RECORD — HOUSE April 13, 2005 ‘‘To each of these and far too many In 1979, he was first elected to the no more than 15 newspaper investiga- more defensive responses, his faithful Sunrise City Council and later served tive reporters. And while all this hap- defenders, especially those who have as mayor and deputy mayor. It was pens, the Committee on Standards of bathed regularly under the campaign during his tenure as mayor that Sun- Official Conduct, our Committee on money spigot he controls, shout a loud rise made the transition from a strong- Standards of Official Conduct, stands ‘‘amen’’ and accuse the Times and Post mayor system to a professionalized silent, locked tighter than a drum, of mounting a liberal smear campaign. city government administered by a deadlocked. This time, the majority ‘‘But the ranks of DeLay’s defenders city manager. cannot blame anyone but themselves. shrink almost daily, as they should.’’ In appreciation of his tireless service They cannot blame the Democratic The Republican-leaning Plain Dealer to his community, county officials Party. then asks: ‘‘Is the Sugarland sugar took the unprecedented step of naming The majority threw out the rules and daddy the best their party has to offer the Oakland Park Boulevard Library House ethics. They removed the former the Nation in this key leadership post? after Mayor Pearl in 1993. Chair because of his independence and Can they not find a fellow Republican Those of us who had the pleasure of changed the rules to make delay and wise enough to avoid, in terms he working with Mayor Pearl will always denial easier and facts harder to find. might understand, the very appearance remember his contributions and in- The ethics issues that are being in- of evil? Can’t someone open a window sights as a public servant. He was a vestigated need to be addressed, and and let in a breath of integrity to blow member of numerous boards and orga- where they should be addressed is in the growing stench out of the people’s nizations, including the Florida League the House Committee on Standards of Chamber?’’ of Cities, the Gold Coast League of Cit- Official Conduct. Words from a newspaper that en- ies, the Broward Planning Council, the The Republicans need to break this dorsed George Bush in 2000, the Cleve- South Florida Regional Planning Coun- logjam and make the Committee on land Plain Dealer, April 8. cil, and the American Cancer Society. Standards of Official Conduct the most f His death in 1996 was a tremendous respected committee in the Congress, loss to his family, colleagues, and the instead of the partisan political tool SANDY BERGER’S DEAL IS SHADY citizens of south Florida; but we will that it has become. (Mr. PITTS asked and was given per- always remember the warmth, sin- f mission to address the House for 1 cerity, and friendliness of Dan Pearl MAJORITY AGENDA UNFAIR AND minute and to revise and extend his re- that he shared with everyone. UNAMERICAN marks.) On behalf of the people of south Flor- Mr. PITTS. Madam Speaker, last ida, it is my honor to salute the life (Mr. MORAN of Virginia asked and year, former Clinton National Security and legacy of Mayor Dan Pearl. was given permission to address the Adviser Sandy Berger stole classified f House for 1 minute.) documents from the National Archives, Mr. MORAN of Virginia. Madam five copies of an ‘‘after-action’’ memo END THE TYRANNY OF ANXIETY Speaker, the House majority today is on the 2000 millennium terror plot, to OF APRIL 15 about to increase our deficit by $290 be precise. He later destroyed, he cut (Mr. PENCE asked and was given per- billion. We are going to offer an alter- up, three of the copies that contained mission to address the House for 1 native; but they will reject that alter- handwritten notes from administration minute.) native so that they can take care of officials. Then, he lied about it to Fed- Mr. PENCE. Madam Speaker, it is three-tenths of 1 percent of the very eral investigators. The memo was se- April 13; and to my fellow American wealthiest people in this country. For verely critical of the Clinton adminis- procrastinators I say, 2 days and count- the difference in cost, you could re- tration’s handling of the incident. ing, until tax day, April 15. store food stamps to 300,000 families; Recently, we learned that Mr. Berger In 2003 alone, Americans spent $203 you could restore medical care to the 7 made a deal with Federal officials, and billion just preparing our taxes, let million poor elderly people in the nurs- the deal was not 5 years in prison in- alone paying for them. Madam Speak- ing homes that you just cut from the stead of 10. No, he gets a slap on the er, 1 billion hours in annual paperwork Medicaid program; you could restore wrist in exchange for admitting he lied. has been added to tax preparation in 300,000 day care slots for poor children. So let us just make sure we have the just the last 10 years. These are people who suffer from the score right here. Martha Stewart tells Think of these comparisons: in 2003, accident of birth and, in many cases, a lie about a stock sale; she goes to your 1040 form is 73 lines long. In 1935 only because of the accident of birth; prison. Sandy Berger lies about steal- it was 34 lines long. In 2003, your 1040 in order to reward a handful of families ing and destroying national security booklet was 131 pages. When it was cre- who are advantaged by the accident of documents; he gets a slap on the wrist. ated in 1935, it was 2 pages. birth, who have the very best edu- So send the person who lied about Are we having fun yet? I say no. cation, the very best contacts, the very money to jail, but go easy on the per- Today we will scrap the death tax, best prospects for economic success, son who lied about stolen and de- and well we should. But while we are at and yet we will take billions, tens of stroyed classified documents who tried it, let this majority rededicate itself to billions, hundreds of billions of dollars to cover up the public record on an scrap the code, to create a new flatter out of Federal revenue to reward that issue of life and death and national se- and fairer and simpler system that three-tenths of 1 percent. That is un- curity. ends the tyranny of April 15 on the fair, and it is un-American. This was Justice? Sorry to say, not this time. American people, a tyranny of anxiety. envisioned as a Nation of equal oppor- f f tunity, not one of inherited aristoc- racy. TRIBUTE TO THE HONORABLE DAN ETHICS ISSUES SHOULD BE AD- PEARL DRESSED IN THE HOUSE COM- f (Ms. WASSERMAN SCHULTZ asked MITTEE ON STANDARDS OF OF- BRING BACK INTEGRITY TO THE and was given permission to address FICIAL CONDUCT HOUSE OF REPRESENTATIVES the House for 1 minute and to revise (Mr. CROWLEY asked and was given (Mr. MCGOVERN asked and was and extend her remarks.) permission to address the House for 1 given permission to address the House Ms. WASSERMAN SCHULTZ. minute and to revise and extend his re- for 1 minute.) Madam Speaker, I rise today to pay marks.) Mr. MCGOVERN. Madam Speaker, I tribute to the honorable Dan Pearl. Mr. CROWLEY. Madam Speaker, the rise today to discuss the Republican Mayor Pearl retired in 1972 to the ethics of this House, the people’s majority’s ongoing disregard for the town of Sunrise, Florida, in Broward House, and this leadership have been democratic process in the United County after having served 30 years as questioned. States House of Representatives. a parole officer with the New York Di- Madam Speaker, the leadership of In the last Congress, the arrogance of vision of Parole. the majority is being investigated by power coming from the other side of

VerDate Aug 04 2004 00:38 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.007 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1903 the aisle was breathtaking. This Con- described in section 1(b) shall be deemed to served the citizens of Virginia for over gress, it is only getting worse. be a reference to the ‘‘Justin W. Williams 30 years. He received his undergraduate The majority has consistently used United States Attorney’s Building’’. degree from Colombia University and closed and highly-restrictive rules to SEC. 3. AUTHORIZATION OF APPROPRIATIONS. his law degree from the University of There are authorized to be appropriated stop Members of both parties from of- such sums as may be necessary for appro- Virginia. During his 33 years as a Fed- fering amendments to important legis- priate identifying designations to be affixed eral prosecutor he supervised or was di- lation. They have rushed major bills to to the building and structure described in rectly involved in every major Federal the floor without even giving Members section 1(b) and for an appropriate plaque re- prosecution in the Eastern District of a chance to read them. They have flecting the designation and honoring Justin Virginia. given special interests and their lobby- W. Williams and his service to the Nation to His career is filled with numerous ists unprecedented access and influ- be affixed to or displayed in such building awards and honors, including the At- and structure. ence. Votes were kept open for hours in torney General’s Award for Excellence an attempt to threaten Members into The SPEAKER pro tempore. Pursu- that is awarded for furthering the in- voting a certain way, and they have ant to the rule, the gentleman from terests of national security, the Direc- completely gutted the ethics process Pennsylvania (Mr. SHUSTER) and the tor’s award for superior performance in here in the House. gentleman from California (Mr. HONDA) years 1990, 2000, 2002, and Sustained Su- This blatant disregard for democracy each will control 20 minutes. perior Performance for the years 1990, The Chair recognizes the gentleman shows disrespect, not just for Members 1991, 1997, 1998 and 1999. from Pennsylvania (Mr. SHUSTER). In addition to being an outstanding of Congress but, more importantly, for Mr. SHUSTER. Madam Speaker, I the people we all represent; and it has lawyer, Justin Williams was a thought- yield myself such time as I may con- ful mentor, loyal friend, outstanding to stop. We can start by reestablishing sume. a real bipartisan Committee on Stand- role model, devoted husband and loving H.R. 1463 introduced by the gen- father; and it is most fitting we honor ards of Official Conduct and restoring tleman from Virginia (Mr. TOM DAVIS) the meaningful ethics rules that the the distinguished career of this dedi- designates a portion of the United cated public servant with this designa- Republican leadership threw away in States courthouse located at 2100 January. tion. Jamieson Avenue in Alexandria, Vir- Madam Speaker, I reserve the bal- Madam Speaker, I urge my col- ginia, as the Justin W. Williams United ance of my time. leagues to bring back the integrity of States Attorney’s Building. The full Mr. SHUSTER. Madam Speaker, I this House. courthouse is known as the Albert V. yield such time as he may consume to f Bryan United States Courthouse. the gentleman from Virginia (Mr. b 1030 This is the second time this matter WOLF). has come before the House, having pre- (Mr. WOLF asked and was given per- ANNOUNCEMENT BY THE SPEAKER viously been considered during the mission to revise and extend his re- PRO TEMPORE 108th Congress when it passed by voice marks.) The SPEAKER pro tempore (Mrs. vote. As before, the bill has the bipar- Mr. WOLF. Madam Speaker, I rise CAPITO). Pursuant to clause 8 of rule tisan support of the entire Virginia del- today in support of H.R. 1463, which my XX, the Chair will postpone further egation. colleague and good friend, the gen- proceedings today on motions to sus- Born in New York City in 1942, Justin tleman from Virginia (Mr. TOM DAVIS), pend the rules on which a recorded vote Williams earned his Bachelor’s degree introduced to recognize the important or the yeas and nays are ordered, or on from Columbia University in 1963 and contributions Justin W. Williams made which the vote is objected to under his law degree from the University of to justice and freedom in our society. clause 6 of rule XX. Virginia in 1967. After graduation, Jus- The gentleman from Virginia (Chair- Record votes on postponed questions tin Williams embarked upon his legal man DAVIS) is in a markup in the full will be taken later in the day. career. From 1967 until 1986, he worked committee and asked if I would come over to read this statement to rep- f for the Department of Justice Criminal Division, served as Assistant Common- resent him. JUSTIN W. WILLIAMS UNITED wealth Attorney in Arlington County, Justice Williams was born in New STATES ATTORNEY’S BUILDING and Assistant U.S. attorney for the York City in 1942, earned a Bachelor’s Mr. SHUSTER. Madam Speaker, I Eastern District of Virginia based in Degree, as was said, from Columbia move to suspend the rules and pass the Alexandria. University in 1963 and a law degree bill (H.R. 1463) to designate a portion of In 1986, Justin Williams was ap- from UVA in 1967. the Federal building located at 2100 pointed chief of the Criminal Division After law school, he worked for the Jamieson Avenue, in Alexandria, Vir- and served in that capacity until his Department of Justice Criminal Divi- ginia, as the ‘‘Justin W. Williams death in 2003. sion from 1967 through 1968, then served United States Attorney’s Building’’. It is my honor to bring this bill to as Assistant Commonwealth’s Attor- The Clerk read as follows: the floor, which honors a dedicated ney in Arlington County from 1968 to 1970. H.R. 1463 American who spent his entire career making America safer for everyone. I His career as a Federal prosecutor Be it enacted by the Senate and House of Rep- began on May 11, 1970. During the ensu- resentatives of the United States of America in support this legislation and encourage Congress assembled, my colleagues to do the same. ing 33 years he was either directly in- volved or supervised every major Fed- SECTION 1. DESIGNATION. Madam Speaker, I reserve the bal- eral prosecution in the Eastern Dis- (a) IN GENERAL.—The building and struc- ance of my time. ture described in subsection (b) shall be Mr. HONDA. Madam Speaker, I yield trict of Virginia; and, as Members known and designated as the ‘‘Justin W. Wil- myself such time as I may consume. know, that is one the more difficult liams United States Attorney’s Building’’. H.R. 1436 is a bill to designate a por- districts in the country. (b) DESCRIPTION.—The building and struc- tion of the Alexandria courthouse lo- Mr. Williams was appointed Acting ture to be designated under subsection (a) is cated at 2100 Jamieson Avenue as the United States Attorney on two occa- that portion of the Federal building located Justin W. Williams United States At- sions, June, 1979, to November, 1981, at 2100 Jamieson Avenue, in Alexandria, Vir- torney’s Building. In the 108th Con- and January, 1986, to June, 1986. ginia, that is attached to the Federal build- gress, an identical bill, H.R. 3428, was He was also at various times First ing’s main tower structure, described as A- Assistant United States Attorney, Sen- Wing in the architectural plans, and cur- introduced but did not receive action rently occupied by the Office of the United from the other body. ior Litigation Counsel and, for most of States Attorney for the Eastern District of H.R. 1463 was introduced by my col- his career, Chief of the Criminal Divi- Virginia, Alexandria Division. league, the gentleman from Virginia sion of the United States Attorney’s SEC. 2. REFERENCES. (Mr. TOM DAVIS), and enjoys strong bi- Office for the Eastern District of Vir- Any reference in a law, map, regulation, partisan support. ginia. document, paper, or other record of the U.S. Attorney Justin Williams was As Chief of the Criminal Division, United States to the building and structure an extraordinary public servant who Justin Williams supervised over 100

VerDate Aug 04 2004 02:47 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.010 H13PT1 H1904 CONGRESSIONAL RECORD — HOUSE April 13, 2005 prosecutors and oversaw such high-pro- drich Ames, U.S. v. Robert Hanssen, both of andria, was named Chief of the Crimi- file trials as U.S. vs. Aldrich Ames, Al- whom were convicted of spying for the Soviet nal Division and an Assistant U.S. At- drich Ames, a spy from the CIA who Union. He also led the prosecution of the Vir- torney for the Eastern District of Vir- sold out his government; U.S. vs. Rob- ginia Jihad Network. ginia. ert Hanssen, Robert Hanssen, an FBI His many accomplishments and awards, far As a Federal prosecutor, as has been agent who sold out his government to too numerous to list, included the Attorney said, he was responsible for the pros- the Soviet Union, both of whom were General’s Award for Excellence in Furthering ecution of several terribly important convicted for spying for the Soviet the Interest of the United States National Se- high-profile cases, including Aldrich Union. curity (2002), as well as three Directors’ Ames, Robert Hanssen, and many cases He also led the prosecution of the Awards for Superior Performance as an As- involving terrorists after September 11. Virginia Jihad Network. sistant United States Attorney. After the Robert Hanssen case, Mr. His many accomplishments, far too On August 31, 2003, Mr. Williams died trag- Williams was honored by Attorney numerous to list, include the Attorney ically at the age of 61 from an apparent heart General Ashcroft for his role in that General’s Award for Excellence in fur- attack as he jogged along the Potomac River prosecution. thering the Interest of the United in Old Town, Alexandria, Virginia, leaving his He has received so many awards for States National Security, Section 2002, wife Suzanne and children Andrew and Caitlin. his accomplishments as a Federal pros- as well as three Director’s Awards for His untimely death marked the end of a career ecutor that we can’t list them all here. Superior Performance as an Assistant of a truly remarkable public servant who was He was named Acting U.S. Attorney on United States Attorney. loved and respected by all of his colleagues two separate occasions. But he will be On August 31, 2003, Mr. Williams died and those who had the pleasure of knowing most remembered not just for the acco- tragically at the age of 61 from an ap- him. Mr. Williams was revered as a mentor lades that he received but for the kind- parent heart attack as he jogged along and role model and his legacy will serve as a ness that he showed toward those he the Potomac River in Old Town, Alex- testimonial to courage, conviction, fairness, served throughout his tenure. andria, Virginia, leaving his wife, Su- and decency. As a supervisor for more than a hun- zanne, and children Andrew and Madam Speaker, we owe Justin Williams, dred other prosecutors, he was a men- Caitlin. and all those in the legal field who have cho- tor and a role model to the attorneys His untimely death marked the end sen a career in public service a debt of grati- that were just beginning their careers. of a career of a truly remarkable public tude. I urge all my colleagues to forever re- He had an incredible ability to remem- servant who was loved and respected by member Justin Williams and to keep a record ber cases, to put cases in context. He all his colleagues and those who had in our minds, and in our hearts, of the great was always willing to share that exten- the pleasure of knowing him. sacrifices made by all men and women in the sive knowledge with his colleagues. Mr. Williams was revered as a mentor legal community who have served and con- He had a superb reputation with the and role model, and his legacy will tinue to serve our great Nation. judges he worked with and was known serve as a testimonial to courage, con- I thank the Virginia delegation for their sup- for having a very sound legal mind. Ev- viction, fairness and decency. port of this resolution and I ask all members erybody remembers him for his sense of Madam Speaker, we owe Justin Wil- to support H.R. 1463. Mr. HONDA. Madam Speaker, I yield humor, his humility and his good judg- liams and his family and all those in 3 minutes to the gentleman from Vir- ment. the legal field who have chosen a ca- We want to pass along our condo- ginia (Mr. MORAN). reer in public service a debt of grati- Mr. MORAN of Virginia. Madam lences to Mr. Williams’ wife, Suzanne, tude. Speaker, I thank my friend and col- his children, Andrew and Caitlin, and I urge my colleagues to forever re- league from California (Mr. HONDA) for the other members of his extended member Justin Williams and keep a yielding me this time in order to give family, his friends and his colleagues record in our mind and in our hearts as some much-deserved recognition to who feel his loss so deeply. His memory we pass by the building. And on behalf Justin Williams. will not soon fade. of the gentleman from Virginia (Mr. As our colleague, the gentleman from His service not only to our Nation TOM DAVIS), Chairman DAVIS, I urge Virginia (Mr. WOLF) has explained, but also to the people of Virginia cer- the support of this and will supply the Chairman DAVIS has to be in a hearing, tainly justifies naming this building by statement for the record. but I know the chairman is very much the Federal courthouse in Alexandria Madam Speaker, I rise today in support of disappointed he is not able to speak on the Justin W. Williams United States H.R. 1463, which my colleague and good this bill that he introduced. Attorney’s Building. His lasting legacy friend TOM DAVIS introduced to recognize the We want to name the Federal build- will be felt by all who work in this Fed- important contributions Justin W. Williams ing on Jamieson Avenue in Alexandria, eral building and especially by those made to justice and freedom in our society. Virginia, just by the Federal court- who carry the responsibility of work- Justin W. Williams was born in New York house, after Justin Williams because he ing as a Federal prosecutor in the fu- City in 1942. He earned his Bachelor’s Degree was such an outstanding Federal pros- ture. May they be inspired by Mr. Wil- from Columbia University in 1963 and his law ecutor. liams’ commitment to excellence and degree from the University of Virginia in 1967. He passed away August 31, 2003, while service to our country. After law school, he worked for the Depart- he was running along the Potomac Mr. OBERSTAR. Madam Speaker, I rise in ment of Justice, Criminal Division from 1967– River in Old Town. He had a heart at- support of H.R. 1463, a bill to designate the A- 1968, then served as Assistant Common- tack. We lost a tremendous asset to the Wing portion of the new United States court- wealth’s Attorney in Arlington County from country and to the Department of Jus- house located at 2100 Jamieson Ave, in Alex- 1968–1970. tice. Mr. Williams was also a wonderful andria, Virginia as the ‘‘Justin W. Williams Mr. Williams’ career as a Federal prosecutor friend to all who knew and worked United States Attorney’s Building.’’ began on May 11, 1970. During the ensuing with him. This designation honors former Assistant 33 years he was either directly involved in or Justin Williams began his career as a U.S. Attorney Justin Williams. Mr. Williams en- supervised every major federal prosecution in lawyer after attending Columbia Uni- joyed a remarkable and distinguished career the Eastern District of Virginia. Mr. Williams versity. He then went to law school at in public service. After his graduation from the was appointed Acting United States Attorney the University of Virginia, where he University of Virginia Law School in 1967, he on two occasions, June 1979 to November graduated in 1967. accepted a job as an attorney in the Criminal 1981 and January 1986 to June 1986. He was He then moved to the Washington, Division in the U.S. Department of Justice. He also at various times First Assistant United DC, area and worked at the Depart- also served as an Assistant Commonwealth’s States Attorney, Senior Litigation Counsel, and ment of Justice Criminal Division. In Attorney in Arlington County, Virginia, and in for most of his illustrious career Chief of the 1968, he served as the Commonwealth’s 1970, he accepted an appointment as an As- Criminal Division of the United States Attor- attorney for Arlington County before sistant U.S. Attorney in the Eastern District of ney’s Office for the Eastern District of Virginia. going back to the Federal Government Virginia where he served for 33 years until his As Chief of the Criminal Division, Justin Wil- in 1970. death in August 2003. liams supervised over 100 prosecutors, and He then became a Federal prosecutor At various times in his career, he held the oversaw such high profile trials as U.S. v. Al- for the U.S. Attorney’s Office in Alex- position of Acting U.S. Attorney, First Assistant

VerDate Aug 04 2004 00:38 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 9920 E:\CR\FM\K13AP7.014 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1905 U.S. Attorney, Senior Litigation Counsel, and The SPEAKER pro tempore. Pursu- uating from Brownsville Junior Col- Chief of the Criminal Division for the Eastern ant to the rule, the gentleman from lege, he attended the University of District of Virginia. As Chief of the Criminal Di- Pennsylvania (Mr. SHUSTER) and the Texas where he received the combined vision, to which he was appointed in 1986, Mr. gentleman from California (Mr. HONDA) degrees of Bachelor of Arts and Bach- Williams was involved in virtually all major fed- each will control 20 minutes. elor of Law. eral prosecutions in that District and was re- The Chair recognizes the gentleman Judge Garza served his country dur- sponsible for many high profile cases, includ- from Pennsylvania (Mr. SHUSTER). ing World War II in the Air Force. ing U.S. v. Aldrich Ames and U.S. v. Robert Mr. SHUSTER. Madam Speaker, I After the war he returned to Browns- Hanssen. In each position, he consistently dis- yield myself such time as I may con- ville to practice law. played the highest levels of professionalism, sume. In 1961 President Kennedy appointed serving with distinction and honor. H.R. 438, introduced by the gen- Judge Garza to the district court for During his long and distinguished career, tleman from Texas (Mr. ORTIZ), des- the Southern District of Texas. In 1979 Mr. Williams received a number of awards and ignates the United States courthouse President Carter appointed him to the honors, including the U.S. Attorney General’s located in Brownsville, Texas, as the United States Court of Appeals for the Award for Excellence in Further in the Inter- Reynaldo G. Garza and Filemon B. 5th Circuit. In addition to his judicial ests of U.S. National Security. He was deeply Vela United States courthouse. duties, Judge Garza has long been in- admired by all his colleagues and loved by his This is the second time the Congress terested in education issues. family and friends, and he served as a role has considered this matter, having pre- He served former Governors John model and mentor for all worked with him in viously passed identical legislation by Connally and Mark White on commis- the U.S. Attorney’s office. voice vote during the 108th Congress. sions to improve the quality of edu- H.R. 1463 has strong bipartisan support This legislation honors two men for cation in Texas. Judge Garza recog- from many members of the Virginia delega- their service to their country, both in- nized the importance of education in tion. I also support the bill and urge its pas- side and out of public service. judicial proceedings and his concern sage. Reynaldo Guerra Garza was born in for uneducated men at the mercy of un- Mr. SHUSTER. Madam Speaker, I Brownsville, Texas, and spent his life- scrupulous people. Judge Garza was very active in his have no further requests for time, and time serving that community. church and has served the Knights of I yield back the balance of my time. President Kennedy appointed then Columbus in the Brownsville area for Mr. HONDA. Madam Speaker, I have State Judge Garza to the U.S. District no further requests for time, and I many years. Court for the Southern District of Pope Pius XII twice decorated Judge yield back the balance of my time. Texas in 1961. At that time, Judge The SPEAKER pro tempore. The Garza for his work on behalf of public Garza became the first Mexican Amer- charities. In 1989 Judge Garza was hon- question is on the motion offered by ican on any U.S. District Court. the gentleman from Pennsylvania (Mr. ored by the University of Texas with a In 1979, when Jimmy Carter ap- Distinguished Alumnus Award. SHUSTER) that the House suspend the pointed him to the Fifth Circuit Court His record of public service includes rules and pass the bill, H.R. 1463. of Appeals, Judge Garza became the the work with the Rotary Club, the The question was taken. first Mexican American to serve in The SPEAKER pro tempore. In the Latin-American Relation Committee that position. in Brownsville, trustee at his law opinion of the Chair, two-thirds of Filemon Bartolome Vela was born those present have voted in the affirm- school, advisory council for the Boy and raised in Harlingen, Texas. Like Scouts, and he was elected as the city ative. Judge Garza, he dedicated his life to Mr. HONDA. Madam Speaker, on commissioner for the City of Browns- South Texas, first as a State judge and ville. that I demand the yeas and nays. then as a Federal judge, taking over The yeas and nays were ordered. It is fitting and proper to honor the District Court seat vacated by The SPEAKER pro tempore. Pursu- Judge Garza’s outstanding, rich life, Judge Garza upon his appointment to ant to clause 8 of rule XX and the his commitment to excellence and his the Circuit Court of Appeals. Chair’s prior announcement, further numerous public contributions. Judge Vela is perhaps best known in The second honoree, Madam Speaker, proceedings on this motion will be the community for his work with Judge Filemon Vela, was also a native postponed. schools, encouraging youth education Texan and a veteran of the United f and literacy programs. States Army. He attended Texas REYNALDO G. GARZA AND b 1045 Southmost College and the University FILEMON B. VELA UNITED of Texas. His law degree is from St. STATES COURTHOUSE This naming is fitting tribute to Mary’s School of Law in San Antonio. their dedicated service, and I urge my Judge Vela served as a commissioner Mr. SHUSTER. Madam Speaker, I colleagues to support this legislation. move to suspend the rules and pass the of the City of Brownsville. He was a I would also like to recognize my col- member of the Judges Advisory Com- bill (H.R. 483) to designate a United league, the gentleman from Texas (Mr. States courthouse in Brownsville, mittee to the U.S. Sentencing Commis- ORTIZ), for his dedication to bringing sion. Judge Vela is a former law in- Texas, as the ‘‘Reynaldo G. Garza and this legislation to the floor. I thank Filemon B. Vela United States Court- structor and an attorney for the Cam- him for ensuring these men are recog- eron County Child Welfare Depart- house’’. nized for their service. The Clerk read as follows: ment. Madam Speaker, I reserve the bal- His civic activities including being H.R. 483 ance of my time. the charter president for the Esperanza Be it enacted by the Senate and House of Rep- Mr. HONDA. Madam Speaker, I yield Home for Boys and the co-sponsor of resentatives of the United States of America in myself such time as I may consume. Congress assembled, the Spanish Radio Program ‘‘Enrich Madam Speaker, I join with the gen- SECTION 1. DESIGNATION. Your Life, Complete Your Studies.’’ The United States courthouse located at tleman from Brownsville, Texas (Mr. Judge Vela’s other civic activities in- the corner of Seventh Street and East Jack- ORTIZ), in supporting H.R. 483, a bill to clude membership on the Independent son Street in Brownsville, Texas, shall be name the courthouse in Brownsville, School District Task Force and mem- designated and known as the ‘‘Reynaldo G. Texas, as the Reynaldo G. Garza- bership in the general assembly of the Garza and Filemon B. Vela United States Filemon B. Vela United States Court- Texas Catholic Conference. He is also Courthouse’’. house. an active member of the Lions Club. SEC. 2. REFERENCES. Madam Speaker, this bill honors the Judge Vela was nominated by Presi- Any reference in a law, map, regulation, life and works of two extraordinary dent Carter for the Federal bench and document, paper, or other record of the Mexican Americans. The first honoree, United States to the United States court- was confirmed by the United States house referred to in section 1 shall be deemed Judge Reynaldo Garza, was born in Senate in 1980. to be a reference to the ‘‘Reynaldo G. Garza Brownsville in 1915. He graduated from Judge Vela’s career is filled with suc- and Filemon B. Vela United States Court- local elementary schools as well as cesses, commitment to his family, de- house’’. Brownsville High School. After grad- votion to his religion and his church,

VerDate Aug 04 2004 00:38 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A13AP7.012 H13PT1 H1906 CONGRESSIONAL RECORD — HOUSE April 13, 2005 love for his work and respect for his In 1976 President Carter asked him to proud to have called him my second colleagues. It is most fitting to honor serve as the Nation’s Attorney Gen- cousin. Judge Vela with this designation. eral, but he declined because he did not He gave countless hours as a mentor I join the gentleman from Texas (Mr. want to leave his beloved south Texas and leader to youth programs whether ORTIZ) in supporting H.R. 483. and his service on the Federal bench. as an attorney for the Cameron County Madam Speaker, I reserve the bal- He did, however, accept an appoint- Child Welfare Department, as founder ance of my time. ment to the 5th Court of Appeals by of the Esperanza Home for Boys, or as Mr. SHUSTER. Madam Speaker, I re- President Carter and for many years the Chair of the Board of Rio Grande serve the balance of my time. commuted back and forth between Marine Institute Home for Youth. Mr. HONDA. Madam Speaker, I yield south Texas and the circuit court in We lost both of these great men last 3 minutes to the gentleman from Texas New Orleans. year, but their service to the people of (Mr. ORTIZ), the author of this bill. In 1982 he obtained senior status; and Texas and to this great Nation must Mr. ORTIZ. Madam Speaker, I thank even after his retirement, he remained not be forgotten. the gentleman for yielding me time. I active by filling in on the bench when- I urge my colleagues to support this think the gentleman has done a great ever he was needed. He was committed legislation that provides a fitting trib- job in describing the contributions of to education, particularly in encour- ute to these two great Americans. two great giants from south Texas. I aging literacy; and he was known and Mr. OBERSTAR. Madam Speaker, I rise in want to thank the gentleman from highly respected by everyone for the strong support of H.R. 483, a bill to honor two Alaska (Mr. YOUNG) and the gentleman even-handed way in which he dispensed members of the United States Judiciary. The from West Virginia (Mr. MOLLOHAN) justice. bill would designate the federal courthouse lo- and the gentleman from Pennsylvania I served 1 year as foreman of a Fed- cated in Brownsville, Texas as the Reynaldo (Mr. SHUSTER) and all those involved eral grand jury which he appointed in G. Garza and the Filemon B. Vela United who helped expedite this bill. his district court in Brownsville, States Courthouse. I’d like to recognize the This is not the first time this bill has Texas. It was a privilege and a pleasure Gentleman from Texas, Congressman ORTIZ, been before the House. It has passed to work with him and meet in his for introducing this bill. The Gentleman intro- two or three times, but it has stalled in chamber where I witnessed firsthand duced this same legislation in the 108th Con- the Senate. This bill would rename the the honesty, the integrity, and compas- gress, which passed the House last Sep- Brownsville courthouse for two legisla- sion of this gentleman from south tember. Unfortunately, the Other Body did not tive giants from south Texas. This bill Texas. act on that bill. I am hopeful that with our pas- will rename the courthouse the His last official act took place from sage of the bill today, the Senate will take Reynaldo G. Garza and the Filemon B. his hospital bed when he officiated the quick action on it. Vela United States Courthouse. We have a wealth of riches in south swearing in of his protege, Federal These two jurists displayed the very finest in Texas, including these two giants of Judge Ricardo H. Hinojosa, as the new legal scholarship. Judges Garza and Vela men. Reynaldo Garza was the first His- chairman of the Federal Sentencing have contributed several decades of legal ex- panic appointed to the Federal bench Commission. cellence to the judicial system of the United Judge Vela was nominated to the by President John F. Kennedy in 1961 States. In addition, both these gentlemen have Federal bench by President Carter in and Judge Filemon Vela was appointed made substantial contributions, through exten- 1980. He became an expert on compara- to the Federal bench by President sive volunteer efforts, to the well being of their tive American and Mexican law. Dur- Jimmy Carter back in 1980. Both of communities. ing his tenure, the Federal docket dra- Judge Reynaldo Garza was appointed by these men have become legends in the matically increased due to the enor- President Kennedy to the federal bench and south Texas area by virtue of their mous population growth in south was the first Hispanic Federal Judge. After commitment to education and to our Texas. Yet despite the heavy case load, serving in the federal district court, Judge community. Both heroes passed away Judge Vela fought to ensure that every Garza was appointed to the U.S. Court of Ap- last year. This legislation is noncontroversial, person received prompt and fair treat- peals for the Fifth Circuit. He also served on and I hope the Senate will quickly con- ment. He worked tirelessly to design the Brownsville Independent School Board, sider and pass this as well. and have built the new courthouse in the Texas Educational Standards Committee, I thank the House and my friends for Brownsville. It is indeed fitting that and the Select Committee on Higher Edu- helping expedite this bill again to get his name will be on this new Federal cation. to the floor. courthouse. When Judge Garza was appointed to the Mr. SHUSTER. Madam Speaker, I re- Judge Vela, like his good friend Fifth Circuit, Judge Filemon Vela succeeded serve the balance of my time. Judge Garza, was known for his impec- him on the U.S. District Court for the Southern Mr. HONDA. Madam Speaker, I yield cable integrity and his willingness to District of Texas in Brownsville. Judge Vela such time as he may consume to the mentor young attorneys. He also was had a history of service to the community of gentleman from Texas (Mr. HINOJOSA). passionate about teaching children South Texas. He worked closely with The Mr. HINOJOSA. Madam Speaker, I about the law and the criminal justice Esperanza Home for Boys, and headed nu- rise today in strong support of H.R. 483, system in order to encourage them to merous local activities to encourage young the Garza-Vela United States Court- make right choices of life. He would people to stay in school. He was an active house Designation Act, offered by my bring inmates to school auditorium member of the Texas Conference of Churches colleague and my good friend, the gen- programs to tell children about the and was former district Chairman of the Boys tleman from Texas (Mr. ORTIZ). mistakes they had made and the con- Scouts of America. This bill pays tribute to two great sequences they suffered as a result. Judges Garza and Vela were active mem- Americans, Federal Judge Reynaldo Judge Vela had one of the longest bers in numerous civic organizations including Garza and Federal Judge Filemon Vela running and most successful radio pro- the Texas Bar Association, and the United who were judicial legends in the great grams on legal subjects which was States Sentencing Commission, Brownsville State of Texas. broadcast in Spanish to more than 2 Rotary Club, the Latin American Relations Judge Garza was the Nation’s first million listeners in south Texas and Committee, and the Brownsville Chamber of Mexican American Federal district northern Mexico. Commerce. They were beloved and revered judge appointed to the Federal bench He also participated in 220 Spanish members of the Mexican-American commu- by President Kennedy in 1961. This out- radio programs entitled ‘‘Enriquezca nity, the judicial community, and the city of standing man had done advanced study Su Vida, Termine Sus Estudios,’’ Brownsville. in the field of law and was a great ora- meaning ‘‘enrich your life, complete Judges Garza and Vela were outstanding tor. your studies,’’ that focused on encour- jurists and good friends. This designation is a Judge Garza served our Nation aging children to stay in school and off fitting tribute to their distinguished public and through the turbulent years of the civil drugs. civic careers of two remarkable Texans and I rights movement. His decisions con- He was tireless when it came to com- urge its adoption. tributed to the changes that opened up munity involvement and showing com- Mr. REYES. Madam Speaker, it is rate that many opportunities for minorities. passion for low-income families. I am a man has a chance to known his heros. It is

VerDate Aug 04 2004 01:05 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\K13AP7.019 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1907 even rarer for a man to be able to stand SEC. 2. REFERENCES. b 1100 shoulder to shoulder with his heros as a fellow Any reference in a law, map, regulation, Bob Matsui should ultimately be re- document, paper, or other record of the community leader. While serving as Border membered for his civility, his dignity Patrol Sector Chief for the McAllen, Texas United States to the United States court- house referred to in section 1 shall be deemed and his service to others. He was a self- sector, however, I had that chance. Today, we to be a reference to the ‘‘Robert T. Matsui less role model whose footprint will are remembering the lives and groundgreaking United States Courthouse’’. forever be imprinted on our Nation’s achievements of the late Judges Reynaldo The SPEAKER pro tempore. Pursu- history. Guerra Garza and Filemon Vela and inscribing ant to the rule, the gentleman from Bob Matsui was intelligent and prin- the U.S. Courthouse in Brownsville with their cipled. As a skilled, respected politi- Pennsylvania (Mr. SHUSTER) and the names. cian and willing to reach across the gentleman from California (Mr. HONDA) Like me, Judge Garza came from a humble each will control 20 minutes. aisle, his voice elevated any debate. background, from a family whose parents The Chair recognizes the gentleman His leadership style and his character were born in Mexico and came to this country served as a model for all of us. from Pennsylvania (Mr. SHUSTER). It is certainly fitting that the House in search of opportunity for their children. He Mr. SHUSTER. Madam Speaker, I rose to preside over one of the highest courts honor his exceptional life, his public yield myself such time as I may con- service with this very appropriate in the land, in the process becoming the first sume. Mexican-American federal district judge and courthouse designation. I thank the Madam Speaker, H.R. 787 introduced rendering some of the most important civil gentleman from California (Mr. LEWIS) by the gentleman from California (Mr. rights decisions in this country’s history. Judge and the gentleman from California (Mr. THOMPSON), honors the late Bob Mat- Garza ended his career on the prestigious THOMPSON) for bringing up this meas- sui, a distinguished and well-liked Fifth Circuit of the U.S. Court of Appeals. ure in such an expeditious manner. Member of this body. Judge Vela, much like Judge Garza, grew Again, I strongly support H.R. 778 A well-respected attorney and former up of modest means in South Texas. He is re- and urge my colleagues to join me in city councilman, Bob Matsui served in membered as a hard-working and committed support of this bill. this body for 26 years before his passing judge whose impact was felt not only in the Madam Speaker, I reserve the bal- away on New Year’s Day of this year. courtroom, but in the community as well. ance of my time. Since his passing, much has been said Mr. SHUSTER. Madam Speaker, I Perhaps the essential message for me to about our late colleague by Members yield 2 minutes to the gentleman from convey here, however, is that each of these that knew him better than I, many of Wisconsin (Mr. RYAN). men spent considerable time and effort em- whom are here today. So I will leave it Mr. RYAN of Wisconsin. Madam phasizing the incredible power of education. to them to speak of his many and var- Speaker, I appreciate the gentleman Both Judges Garza and Vela understood how ied talents and abilities. yielding me time. education could transform the lives of young This naming is a fitting tribute to an I just wanted to come and pay trib- people, because they and their families had exceptionally fine person, a dedicated ute to this legislation and speak in benefited greatly from it. public servant, and a respected col- favor of this tribute to Bob Matsui, and Madam Speaker, I urge all of my colleagues league. it is very fitting legislation to des- to support this legislation naming the court- Madam Speaker, I reserve the bal- ignate this courthouse. house in Brownsville, Texas after Reynaldo G. ance of my time. I wanted to speak personally as a Garza and Filemon B. Vela—two great judges, Mr. HONDA. Madam Speaker, I yield member of the Committee on Ways and great role models, and great men. myself such time as I may consume. Means, as a younger member of the Mr. HONDA. Madam Speaker, I have Madam Speaker, I rise in strong sup- Committee on Ways and Means, who no further requests for time, and I port of H.R. 787, a bill to name the had the opportunity to serve with Bob yield back the balance of my time. courthouse in Sacramento in honor of Matsui for 4 years. I have not served Mr. SHUSTER. Madam Speaker, I our former colleague, Robert T. Mat- with Bob for the decades that many have no further requests for time, and sui. This bill has broad bipartisan sup- have in the past, but the Bob Matsui I yield back the balance of my time. port from both his California col- that I got to know in the Committee The SPEAKER pro tempore (Mrs. leagues and all of us who had the dis- on Ways and Means was a very special CAPITO). The question is on the motion man and person. tinct privilege of serving with him. offered by the gentleman from Penn- Bob Matsui was intellectually on the Congressman Matsui’s legislative in- sylvania (Mr. SHUSTER) that the House top of his game and was one of the best terests and accomplishments are leg- suspend the rules and pass the bill, intellectual debaters and sparring part- endary here in the House. Health care, H.R. 483. ners we had, especially when it came to welfare reform, tax issues, the environ- The question was taken; and (two- the issue of Social Security. ment, immigrant issues, and of course thirds having voted in favor thereof) My favorite kind of people in the Social Security are just a few of the the rules were suspended and the bill world and in this body are those who issues that Bob made his own. was passed. are passionate about their beliefs, Bob was only 6 months old when, just A motion to reconsider was laid on whether or not we agree on those be- months after the attack on Pearl Har- the table. liefs, and Bob Matsui had a great les- bor, he and his family were interned at f son for those of us younger Members Tule Lake camp in California. His and it was that you can be as strong ROBERT T. MATSUI UNITED childhood experience in the internment and tough in debate when the micro- STATES COURTHOUSE camp shaped his future actions on be- phone’s on, but when it is turned off, Mr. SHUSTER. Madam Speaker, I half of those fighting for fairness. Bob you can be good human beings to one move to suspend the rules and pass the understood the injustice of the intern- another. bill (H.R. 787) to designate the United ment and sympathized with other loyal Bob Matsui was a very kind gen- States courthouse located at 501 I Americans who suffered at the hands of tleman. I was half his age, about the Street in Sacramento, California, as the government in which they never age of his kids, and I always just felt the ‘‘Robert T. Matsui United States lost faith. that he gave me sort of a mentoring- Courthouse’’. He embraced his heritage and chan- ship kind of relationship and role. Be- The Clerk read as follows: neled his energy into making positive cause every time I had a conversation changes for all Americans. From the H.R. 787 with Bob Matsui, he had this nice glint time he worked as a member of the in his eye, and he was always a person Be it enacted by the Senate and House of Rep- Sacramento City Council to serving as resentatives of the United States of America in offering a kind word of advice or a kind Congress assembled, the vice mayor of Sacramento and fi- word of friendship. That is something nally as a U.S. Representative starting SECTION 1. DESIGNATION. that I do not think we have enough of The United States courthouse located at in 1978, Bob Matsui served as a con- in this institution. It is something that 501 I Street in Sacramento, California, shall stant reminder of what integrity and I thought was a great lesson on how to be known and designated as the ‘‘Robert T. dedication can accomplish in public of- conduct yourself among your col- Matsui United States Courthouse’’. fice. leagues, especially across the aisle.

VerDate Aug 04 2004 01:05 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A13AP7.019 H13PT1 H1908 CONGRESSIONAL RECORD — HOUSE April 13, 2005 So I am really sad to see Bob leave us lation which will name the courthouse So often we read about outstanding here, but I think this is an extremely after him. Americans who make great contribu- fitting tribute. I wish that more of us Bob was truly a remarkable indi- tions to the country, and yet some of conducted ourselves in the way that he vidual, intellectually very smart but, us have never heard of them. So I feel did, and I just want to lend my word of more importantly, humanly, deeply in indeed so privileged and so honored of support to this fine legislation for just touch with the challenges that Amer- having served with one of those people. an outstanding and fine man who ica has faced over his many years of Notwithstanding how his country taught us a lot on how we can be civil service here. He focused on the fun- treated him, he decided to make his with one another. damentals. Often they were not sexy, country treat other people so much Mr. HONDA. Mr. Speaker, I want to often they did not attract a great deal better. thank the gentleman for his kind of attention in the press, but, for exam- Here is a person that served on the words. ple, he spent many years working with Committee on Ways and Means, which Mr. Speaker, I yield 3 minutes to the me and others on trying to build the is a privilege to serve, but he enjoyed gentleman from California (Mr. THOMP- R&D tax credit into our Tax Code in a each and every minute of it. He was in- SON), my friend and colleague and the way that would recognize the depend- volved in every debate, whether it was author. ence of American companies on inven- fairness in taxes, Medicare, Social Se- (Mr. THOMPSON of California asked tion to maintain their position in an curity, providing assistance to those and was given permission to revise and intensely competitive global economy. people who have less than most people extend his remarks.) He understood the big issues and he in this country. His compassion was al- Mr. THOMPSON of California. Mr. understood the small steps that had to ways mixed with a lot of humor, to Speaker, we are here today to honor a be taken for us to be successful in the make certain that people would take colleague who honorably served in the macro arenas, whether the macro time out to listen to him when he was House for 26 years, our good friend, the arena of economics, the macro arena of serious and at the same time to know late Robert T. Matsui. strengthening and supporting families that he was not a politician but was This bill to rename the U.S. court- struggling through difficult matters, someone who was a patriot who loved house in Sacramento after Bob is a the security of our retirees. On so this country. small tribute to our friend who always many fronts, Bob Matsui was a I really think that he has set an ex- rose above petty, partisan politics to thoughtful voice, profoundly in touch ample for so many people who have do what was good and what was right with the challenges our society faces reasons to be bitter but certainly can for his district and for our country. Bob provided more than a voice for today and over the many years of his make a better contribution to life as those who could not speak for them- long service. Bob Matsui has made to his country, to I salute him and I thank the gen- selves. He provided monumental vic- his Congress and to his family. tleman for bringing forward this legis- I thank God that I had the privilege tories and results, not by being the lation to name a courthouse after him to know and to be his friend. loudest but by always being the smart- in his home base. Mr. SHUSTER. Mr. Speaker, I yield 1 est and the most informed person in Mr. HONDA. Mr. Speaker, I yield 2 minute to the gentleman from Texas any debate. Bob’s legacy of legislative victories minutes to the gentleman from Cali- (Mr. BRADY). Mr. BRADY of Texas. Mr. Speaker, I directly improved the lives of millions fornia (Mr. STARK), the dean of the del- had the privilege of serving with Bob of Americans spanning several genera- egation. (Mr. STARK asked and was given Matsui on the Subcommittee on Social tions. His victories included protection permission to revise and extend his re- Security, and it was a real privilege. for single mothers with infants, strong- marks.) You always hope that we will send to er civil rights laws and protection of Mr. STARK. Mr. Speaker, I rise just Congress men and women of just great our Nation’s most vulnerable seniors. He also played a key role in crafting to comment. My colleagues will hear a decency, who love their country, love fiscal policy for the past 26 years, and lot of people talking about our friend their community, love their family so before his very untimely death he was Bob Matsui and his legislative accom- dearly and are willing to give back to leading the effort to protect Social Se- plishments. I want to remind every- all that and do it in such a good, posi- curity benefits for America’s seniors. body that his name on this Federal tive way. That is what Bob Matsui Bob left an indelible mark on na- courthouse will remind people that it stood for and still stands for in my tional policy, but he never forgot the was 6099 that interned Japanese Ameri- mind. needs of his district. His district and cans in the 1940s in violation of what There is a saying that you make a the greater Sacramento region were al- we then thought were human and civil living by what you get; you make a life ways his number one priority. rights. As we proceed to violate peo- by what you give. By that measure, Today, we will vote to rename the ple’s human and civil rights under the Bob Matsui had a very rich life because U.S. courthouse in Sacramento after PATRIOT Act, I think it will be appro- he gave back so much to this body. He Bob Matsui. This courthouse is a sym- priate that the Matsui courthouse will gave back so much in his example to bol of Bob’s commitment to his dis- be the place where, hopefully, these other Members like myself, and he trict. Here in Congress, he was able to rights will be corrected and restored to truly gave back to his family and his secure $142 million that was used and the American citizens and residents Nation, and I consider it a privilege to needed to build that courthouse. who deserve them. have served with him. The courthouse not only created 1,200 I think it is most fitting that this Mr. HONDA. Mr. Speaker, I yield 2 new jobs in the Sacramento area, but it building is named for Robert Matsui. minutes to the gentleman from Michi- was the anchor for redevelopment and Mr. SHUSTER. Mr. Speaker, we have gan (Mr. LEVIN). revitalization of downtown Sac- no speakers at this time, and I con- (Mr. LEVIN asked and was given per- ramento, California. tinue to reserve the balance of my mission to revise and extend his re- It is more than fitting that we name time. marks.) this important building in honor of a Mr. HONDA. Mr. Speaker, I yield 1 Mr. LEVIN. Mr. Speaker, Bob Matsui very important figure in our history minute to the gentleman from New was a pillar of his beloved Sacramento. and our friend, Bob Matsui. I urge ev- York (Mr. RANGEL), my friend. He was a pillar of the congressional eryone to cast a vote for this bill. (Mr. RANGEL asked and was given community. So it is truly fitting that Mr. SHUSTER. Mr. Speaker, I yield 2 permission to revise and extend his re- the courthouse in his beloved city be minutes to the gentlewoman from Con- marks.) named after him. necticut (Mrs. JOHNSON). Mr. RANGEL. Mr. Speaker, I rise in I think today we should pause and Mrs. JOHNSON of Connecticut. Mr. support of this legislation, and I thank ask what would be the best monument Speaker, I thank the gentleman for the the gentleman from California (Mr. to Bob Matsui here in Washington, and time. THOMPSON) and those others who I think it is clear and that is that we I rise to recognize the life and work thought about doing this for our friend join together with his wife Doris, who of Bob Matsui and to support this legis- Bob Matsui. is now a colleague, to try to carry out

VerDate Aug 04 2004 01:05 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.023 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1909 his hopes, to fulfill his dream that ev- house for someone who stood for jus- more perfect place, and urge passage of erybody in this country counts, and tice and integrity and looking out for the bill. when it comes to our work here, every- the little people. Mr. Speaker, I yield back the balance body should count equally. I am pleased to have an opportunity of my time. So I am pleased to join with my col- to be here this morning to support the Mr. SHUSTER. Mr. Speaker, I yield leagues and this is another moment of legislation, and I bring something no myself the balance of my time. emotion. We very much remember Bob. other Member has brought to the gen- Mr. Speaker, it was an honor for me Mr. SHUSTER. Mr. Speaker, I re- tleman from California yet: my sister to manage this bill and to serve with serve the balance of my time. and her husband are moving to Sac- Bob Matsui. I know my father and my Mr. HONDA. Mr. Speaker, I yield 1 ramento and are building a house. I am entire family’s thoughts and prayers go minute to the gentleman from Wash- bringing the gentlewoman two more out to the Matsui family. As I said, he ington (Mr. MCDERMOTT). votes, and I will introduce them to the is a respected colleague, a fine gen- Mr. MCDERMOTT. Mr. Speaker, I gentlewoman when I have an oppor- tleman, and this is a very fitting trib- had the opportunity in Seattle to help tunity. ute. I urge my colleagues to support bring about the renaming of a court- Mr. HONDA. Mr. Speaker, I yield 1 this bill. house there for a man who won the minute to the gentleman from Illinois Ms. ESHOO. Mr. Speaker, I’m pleased to Congressional Medal of Honor, a Japa- (Mr. EMANUEL). rise today in support of H.R. 787 and to say nese American. He served in the 422nd Mr. EMANUEL. Mr. Speaker, I rise in a few words for our late colleague, the Honor- and died, and it is very fitting on the support of this bill to name this court- able Robert T. Matsui. When Bob passed West Coast that we find another court- house the Robert Matsui Courthouse. I away on January 1, 2005, we lost a friend, his house, and we put Bob Matsui’s name cannot think of anything more fitting, constituents lost their most ardent supporter up. as others have said, the notion of a and America, as a whole, lost a dedicated He was also a hero. He was a Congres- courthouse where justice is weighed statesman. sional Medal of Honor winner in the ci- and issued for a person who had injus- Bob was well respected on both sides of the vilian society because he stood for the tice done to him and never lost his aisle. A brilliant man and an honest and fair principle that we are all in this to- sense of right and justice. It would politician, his leadership on the House Ways gether, and we are not going to let the have been easy for Bob to be angry, but and Means Committee and his expertise and past stand in our way of moving for- he always sought fairness both person- knowledge of Social Security will be sorely ward. ally and professionally. missed in the House for many years to come. He was one who was reluctant to I think it is quite fitting and it has a Naming the federal courthouse in Sac- come forward on the whole issue of re- sense of poetic justice that we are nam- ramento is a fitting tribute for a man who did payment to Japanese who suffered ing a courthouse for a gentleman who so much for that city. A member of the Sac- losses. He felt that once the war was was not treated fairly at one time by ramento City Council, Vice-Mayor and even- over it was his job to help the commu- his country, but who always sought tual Representative of the city in Congress, nity move forward and be one Nation, fairness and justice and equality Bob served the city of Sacramento in every where we all stand together and look throughout his life. It is fitting to re- capacity he could. In Congress, Bob’s efforts after everybody. member him this way, someone who in securing funding for Sacramento were cru- The monument to Bob Matsui will be will always be part of our family here; cial in the revitalization of that city. Among the what we do with the PATRIOT Act in and I thank the gentlewoman from projects he was responsible for were the ex- this House in a few weeks. It will be a California (Ms. MATSUI) for allowing us pansion of the city’s light rail public transit sys- statement about whether we learned to be part of his family. tem, and the courthouse that will soon bear the message that guys like Bob Matsui Mr. HONDA. Mr. Speaker, I yield his name. Both projects were crucial in cre- tried to teach us. such time as she may consume to the ating new jobs and opportunities for the peo- Mr. HONDA. Mr. Speaker, I yield 1 gentlewoman from California (Ms. ple of Sacramento. minute to the gentleman from Georgia MATSUI), the wife of Bob Matsui. His passing is a great loss for all of us and (Mr. LEWIS). Ms. MATSUI. Mr. Speaker, I thank I thank my colleagues on both sides of the the gentleman for yielding me this aisle for their work in getting this legislation b 1115 time. before the House so quickly, so that we can Mr. LEWIS of Georgia. Mr. Speaker, Mr. Speaker, I would like to take honor a man we all loved and respected. I I am pleased to rise in support of H.R. this opportunity to thank, first of all, urge all my colleagues to support this resolu- 787, to designate the United States the gentleman from California (Mr. tion. Courthouse located in Sacramento, DOOLITTLE) and the gentleman from Mr. OBERSTAR. Mr. Speaker, I rise in sup- California, as the Robert T. Matsui California (Mr. THOMPSON) for spon- port of H.R. 787, a bill to designate the new United States Courthouse. soring this legislation. I know that Bob United States courthouse located at 501 I It is so fitting and appropriate that would have been so proud to know how Street in Sacramento, California in honor of we honor Bob Matsui. In spite of what much effort his two colleagues have our friend, my dear and treasured friend and the American Government did to him put in to bring this bill to the floor to colleague, Congressman Bob Matsui. and his family, this good and decent honor him. Congressman Matsui’s death this past Janu- man never lost faith in America. He This courthouse, which symbolizes ary deprived this House of one of its most as- loved America. He loved the people of equal justice for all, was a major ac- tute, most admired statesman. The headline in his district. He was a wonderful human complishment for Bob personally, but the ‘‘Sacramento Bee’’ newspaper said it well: being. Every day he tried to do his best also for the city of Sacramento. It is ‘‘A Good and Decent Man.’’ A lifelong Califor- to bring America together, to create such an appropriate way to honor him nian, Bob Matsui served the people of Califor- one America, one family, one House, and his many years in public service, nia’s 5th District with dedication, commitment the American House. for the city he loved, Sacramento, and and compassion. Mr. Speaker, with this legislation I the country he absolutely adored. I was able to witness Bob Matsui’s commit- think we are doing the right thing by I would also like to thank his other ment to his constituents first hand when he honoring Bob Matsui. colleagues here, now my colleagues, for and I worked together to address flood control Mr. HONDA. Mr. Speaker, I yield 1 honoring him by speaking here today. I issues for his beloved Sacramento area. minute to the gentlewoman from Ohio would like to thank all Members very No other major metropolitan area faces as (Mrs. JONES). much and on behalf of Brian, Amy, and severe a flood risk as Sacramento. Congress- Mrs. JONES of Ohio. Mr. Speaker, I my granddaughter, Anna, for this won- man Matsui believed, as do I, that the capital say to the gentlewoman from Cali- derful honor. city of the world’s fifth largest economy de- fornia (Ms. MATSUI), it gives me great Mr. HONDA. Mr. Speaker, I yield my- served to know that it would not face severe pleasure to speak on the floor this self the balance of my time to close. threats from flooding. morning with regard to Bob Matsui. As Mr. Speaker, I thank the leadership Following the high flows of 1986, when the a former judge, I do not believe a bet- for this opportunity to honor Bob Mat- levees almost failed, Congressman Matsui ter name could be placed upon a court- sui, who sought to make this country a worked tirelessly to improve flood protection.

VerDate Aug 04 2004 01:05 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K13AP7.026 H13PT1 H1910 CONGRESSIONAL RECORD — HOUSE April 13, 2005 He examined every option. He worked to forge name the Federal courthouse in Sacramento H. RES. 202 agreement to complete a dam at Auburn, Cali- after our former colleague and friend, the late Resolved, That upon the adoption of this fornia. It was to be a multipurpose dam, then Representative Bob Matsui. resolution it shall be in order to consider in a dry dam, and then ultimately, no dam, but As many of you know, we both arrived in the House the bill (H.R. 8) to make the re- assurance of adequate water supply for up- Washington in 1979 as newly elected Con- peal of the estate tax permanent. The bill shall be considered as read. The previous country users represented by Congressman gressmen from opposite ends of California’s question shall be considered as ordered on John Doolittle. Because of Bob Matsui’s per- vast Central Valley. For more than 20 years, the bill and on any amendment thereto to sistence, original thinking, flexibility and we worked together on issues of importance final passage without intervening motion ex- collegiality, we were able to develop a com- to California, such as securing funding to com- cept: (1) one hour of debate on the bill equal- prehensive proposal that strengthens levees, bat drug trafficking and to gain a better under- ly divided and controlled by the chairman makes use of the existing Folsom Dam, and standing of the challenges posed by Califor- and ranking minority member of the Com- preserves the beautiful American River Can- nia’s air quality. Through these efforts, as well mittee on Ways and Means; (2) the amend- yon. as through his work on the Committee on ment in the nature of a substitute printed in As this project comes to completion over the the report of the Committee on Rules accom- Ways and Means, I saw first-hand Bob’s com- panying this resolution, if offered by Rep- next few years, every Spring, when the snows mitment to, and strong advocacy of, his prin- resentative Pomeroy of North Dakota or his melt and rains come, and the State Capitol in ciples and how he served his constituents with designee, which shall be in order without Sacramento stays dry, the people of California honor and distinction. intervention of any point of order, shall be and the Nation will owe a debt of gratitude to Naming a Federal courthouse, where our considered as read, and shall be separately Bob Matsui for his persistence and wisdom on Nation’s laws and constitution are used to dis- debatable for one hour equally divided and behalf of flood control. pense justice, is a fitting way to remember controlled by the proponent and an oppo- Flood control is just one example of Bob Bob. Notwithstanding his service as a Member nent; and (3) one motion to recommit with or without instructions. Matsui’s dedication and effectiveness. There of the U.S. Congress, he was one of the more are countless other examples. than 120,000 persons of Japanese ancestry The SPEAKER pro tempore. The gen- In his first congressional race in 1978, Con- who, pursuant to Executive Order 9066, were tleman from Washington (Mr. gressman Matsui campaigned as an underdog forcibly removed from their homes by our gov- HASTINGS) is recognized for 1 hour. who vowed to bring new statesmanship to ernment and detained during World War II. Mr. HASTINGS of Washington. Mr. public office. His campaign was enriched by Undoubtedly, this experience had a profound Speaker, for the purpose of debate literally hundreds of volunteers that helped him impact upon his life and career. only, I yield the customary 30 minutes achieve victory. Bob Matsui did not disappoint Accordingly, I now ask my colleagues to to the gentleman from Massachusetts his constituents. He brought not only states- pass this legislation in honor Bob’s service to (Mr. MCGOVERN), pending which I yield manship, but also dedication, competence, in- his constituents and Nation. myself such time as I may consume. novation, and integrity to public service. Mr. SHUSTER. Mr. Speaker, I yield During consideration of this resolu- Elected to 14 consecutive terms in the back the balance of my time. tion, all time yielded is for the purpose House, Bob Matsui rose through the ranks to The SPEAKER pro tempore (Mr. of debate only. be a member of the Leadership team. Under SIMPSON). The question is on the mo- (Mr. HASTINGS of Washington asked his quiet demeanor lay a man of keen intellect tion offered by the gentleman from and was given permission to revise and who was a trusted friend and a formidable Pennsylvania (Mr. SHUSTER) that the extend his remarks.) competitor. House suspend the rules and pass the Mr. HASTINGS of Washington. Mr. As a senior member of the Committee on bill, H.R. 787. Speaker, House Resolution 202 is a Ways and Means, Congressman Matsui was The question was taken. structured rule providing for 1 hour of substantially involved with all the complex pol- The SPEAKER pro tempore. In the general debate on H.R. 8, a bill to make icy issues placed before the Committee includ- opinion of the Chair, two-thirds of the repeal of the estate tax permanent, ing international trade, health care, welfare re- those present have voted in the affirm- to be equally divided and controlled by form, and tax issues. ative. the chairman and ranking minority Congressman Matsui helped create the Re- Mr. HONDA. Mr. Speaker, on that I member of the Committee on Ways and search and Development Tax Credit in 1981 demand the yeas and nays. Means. The rule provides for consider- to fuel innovation in the American economy. In The yeas and nays were ordered. ation of the amendment in the nature 1986, he spearheaded efforts that resulted in The SPEAKER pro tempore. Pursu- of a substitute printed in the Com- extensive reform of the tax code. His work on ant to clause 8 of rule XX and the mittee on Rules report accompanying the Earned Income Tax Credit helped extend Chair’s prior announcement, further the resolution, if offered, by the gen- the tax credit for working poor families. proceedings on this motion will be tleman from North Dakota (Mr. POM- Most recently, Congressman Matsui was postponed. EROY) or his designee, which shall be considered as read and shall be sepa- preparing to lead the discussions regarding f the future of social security and his desire to rately debatable for 1 hour equally di- preserve social security for future generations. GENERAL LEAVE vided and controlled by the proponent Bob Matsui truly understood the varied com- Mr. SHUSTER. Mr. Speaker, I ask and an opponent. plexities of the social security program, and he unanimous consent that all Members Finally, Mr. Speaker, the rule waives was determined that any reform of social se- may have 5 legislative days within all points of order against the amend- curity would provide for its long-term solvency which to revise and extend their re- ment printed in the report and provides without compromising its fundamental pur- marks and include extraneous material one motion to recommit with or with- poses. on H.R. 1463, H.R. 483 and H.R. 787, the out instructions. Bob Matsui was intellectually curious and matters just considered by the House. Mr. Speaker, H.R. 8, a bill introduced honest. He was fair minded and even handed. The SPEAKER pro tempore. Is there by the gentleman from Missouri (Mr. His legacy is one of compassion, commitment objection to the request of the gen- HULSHOF), permanently repeals the to do the right thing, hard work, and wisdom. tleman from Pennsylvania? death tax. I commend the gentleman Congressman Matsui is ably succeeded by There was no objection. from Missouri (Mr. HULSHOF) for cham- his wife DORIS MATSUI. She has already done f pioning an end to the death tax, as my an admirable job of representing the people of former friend and colleague, Jennifer California’s 5th District and I am confident that PROVIDING FOR CONSIDERATION Dunn, did while serving in Congress. she will continue to do so. OF H.R. 8, DEATH TAX REPEAL Through Jennifer’s tireless efforts, in It is most fitting and proper that the career PERMANENCY ACT OF 2005 2001 Congress acted in a bipartisan of this truly outstanding member be honored Mr. HASTINGS of Washington. Mr. fashion to gradually phase out the with the designation of the new courthouse in Speaker, by direction of the Com- death tax and fully eliminate it in 2010. his hometown of Sacramento, California as mittee on Rules, I call up House Reso- However, if Congress does not extend the ‘‘Robert T. Matsui United States Court- lution 202 and ask for its immediate the death tax repeal beyond 2010, in house.’’ I urge the bill’s passage. consideration. 2011 small business owners and family Mr. THOMAS. Mr. Speaker, I rise today as The Clerk read the resolution, as fol- farmers will once again be assessed the a cosponsor of this legislation, which will lows: full death tax at the maximum 2001

VerDate Aug 04 2004 01:05 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A13AP7.007 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1911 rate. The death tax is a form of double level before the 2001 Bush tax cut, We are at war. Health care costs are taxation and is simply unfair. leaves only the top 2 percent of the es- spiraling out of control. Poverty in The last thing families in central tates in the country. But current law America is increasing. More Americans Washington and across the Nation goes well beyond the $1 million exemp- go to bed hungry at night. Our children should have to worry about when a tion; and to hide the real cost of their are falling behind in math and science. loved one dies is losing the family farm bad economic policies, the Republican I, for one, do not believe the answer to or business in order to pay the Internal leadership included a provision that these challenges is a permanent repeal Revenue Service. But, sadly, that is sunsets the 2001 tax cut in 2011. of the estate tax. the situation many hard-working fami- Mr. Speaker, for most of the 20th I urge my colleagues to do the right lies would face if the death tax is not century, this country operated on a thing and defeat this bill. permanently abolished. progressive taxation system. Those Mr. Speaker, I reserve the balance of With permanent elimination of this who could afford it paid their fair my time. tax, farmers and business owners will share. We looked out for each other. Mr. HASTINGS of Washington. Mr. have the sense of security they need to We provided food to the hungry, shelter Speaker, I am pleased to yield 3 min- plan for the financial future of their to the homeless, assistance to the un- utes to the gentlewoman from West businesses, farms, or families. Death employed, and health care to the sick. Virginia (Mrs. CAPITO), a valuable taxes are an unfair assault on every But the Republican leadership wants member of the Committee on Rules. American’s potential life savings. to turn that system upside down. They Mrs. CAPITO. I thank the gentleman Today, we have the opportunity to believe the wealthy should be exempt from Washington for yielding me this bury the death tax for good. from paying taxes and the poor should time. The Committee on Rules reported fend for themselves. It is wrong, and we Mr. Speaker, I rise today in strong House Resolution 202 by a voice vote. have to stop it. support of the rule and the underlying Accordingly, I encourage my col- Let me connect the dots for my Re- legislation. I am proud to be a cospon- leagues to support both the rule and publican friends. They say there is a sor of H.R. 8 and thank the gentleman the underlying bill. deficit and we need to tighten our belts from Missouri for his leadership in of- Mr. Speaker, I reserve the balance of to pay down the debt. Of course this fering this bill. my time. debt is of their creation. President I was proud to be in this Chamber 4 Mr. MCGOVERN. Mr. Speaker, I yield Bush came into his first term with a years ago on the day Congress began myself such time as I may consume. phasing out the death tax. As a result, (Mr. MCGOVERN asked and was surplus and ended his second term with thousands of jobs were saved and sec- given permission to revise and extend the largest deficit in the history of the ond and third generations were able to his remarks.) United States of America, and now Mr. MCGOVERN. Mr. Speaker, for they bring forward another tax cut take charge of their family’s business. years the Republican leadership has that costs $290 billion according to the We knew when we passed that law the misled the American public about the Joint Committee on Taxation. phaseout was not a permanent fix. Today we have the opportunity to com- estate tax. Today, because of that de- b 1130 ceptive campaign, millions of Ameri- plete unfinished business. If we do not Some private groups estimate that cans seem to believe they will be sub- act now to permanently eliminate the this bill will ultimately cost closer to ject to the so-called death tax. They death tax, it will be revived at the $1 trillion. have been lied to. stroke of midnight on January 1, 2011. Facts are stubborn things, and the Where is that money going to come Bringing back the death tax will drive facts prove that the Republican leader- from? It is a credit card bill that they the final nail in the coffin for Amer- ship is once again trying to pass a bill are passing on to our children and our ica’s next generation of small business that helps the very wealthy few at the grandchildren. That is the actual es- owners. expense of everyone else. tate tax. That is the real legacy they The Death Tax Repeal Permanency The truth is that the overwhelming are leaving to future generations. Act represents the changes to our Tax majority of American families, 99.7 Mr. Speaker, we are at war, but the Code called for by our Nation’s farmers percent, are not subject to estate only people being asked to sacrifice are and small business owners who want to taxes. Let me repeat: 99.7 percent of those who can least afford it. The pass their family business on to the American families are not subject to wealthiest of the wealthy are getting a next generation. Small business owners estate taxes. free ride at this very difficult time in and farmers devote their time, energy The truth is that this is the wrong our history. and money into building a business so bill at the wrong time that helps the Look at the budget resolution. The it can be passed on to their sons or wrong people, and it should be de- Republican leadership pushed the budg- daughters. In the absence of the death feated. This permanent repeal of the et resolution through earlier this tax, these small businesses become a estate tax does not help the average month. What do they do? They cut food legacy for one generation to pass on to American. Instead, it benefits the heirs stamps. They cut Medicaid. They cut the next. With the death tax, families of the wealthy. Paris Hilton is doing education programs. They cut environ- face a whopping tax bill on the prop- just fine. She does not need another mental protection. They cut commu- erty and assets even though taxes have tax cut by the Republicans. nity development block grants. They already been paid annually by the own- My colleague, the gentleman from cut school breakfasts and school ers. Washington (Mr. HASTINGS), will claim lunches. Why? All so a few people can The death tax is an overwhelming that this bill will help family farmers inherit a few more billion dollars tax burden, forcing many families to sell and small business owners pass their free from their relatives. their businesses just to pay the 37 to 55 assets, their farms and businesses, on Our colleague from North Dakota percent tax. As a result, jobs are lost to their children. The reality is that (Mr. POMEROY) will offer an amend- and generations of family toil are plun- most of these family farmers and small ment that will set the exemption for dered by the government. business owners are already exempt estates at $3 million for individuals and Permanently repealing the death tax from the estate tax. $7 million for couples. This would cost will help small businesses create new Further, as The Washington Post dramatically less than the Republican jobs. A 2002 study showed that an extra pointed out today, permanently repeal- bill, $72 billion compared to $290 bil- 100,000 jobs a year would be created if ing the estate tax may actually hurt lion, and it would exempt 99.7 percent the death tax were permanently re- more family farmers and small busi- of all estates from ever facing the es- pealed. The Wall Street Journal wrote nesses than it would help because of tate tax. This is a commonsense com- in 1999 that 60 percent of small busi- the cumbersome new reporting require- promise that should receive near unan- nesses would add jobs if death taxes ments and changes in how assets are imous support. were not on the books. valued. Mr. Speaker, the truth is out there, The very threat of a revived death Let us look at the facts. Exempting but the Republican leadership is too tax has a negative impact on small estates up to $1 million, the original stubborn and too arrogant to face it. business. Even with the temporary

VerDate Aug 04 2004 01:05 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.030 H13PT1 H1912 CONGRESSIONAL RECORD — HOUSE April 13, 2005 phaseout, business owners must con- you what is not on the floor. What is This is a budget buster, my friends. tinue to plan for paying that tax. To not being debated is whether there At a time when we are talking about help owners hire new workers and con- should be additional estate tax relief. how we address the long-term solvency tinue to invest in their business, they We agree there should be. Much has of Social Security, to just, without a need to know that the death tax is been accomplished over the last few concern, pass a $290 billion bill to help gone for good. years in that regard. The estate tax three-tenths of 1 percent of the most We must not allow this small busi- level attached at $600,000 per individual affluent in this country seems to be ness killer to rise from the dead. The at the beginning of this decade. So standing priorities directly on their House today has an opportunity to rid that, as my colleague from West Vir- head. The very people that favor the Nation of this tax that kicks fami- ginia talks about the concern of estate privatizing Social Security, which is lies when they are down, takes away a tax on small businesses and farms, that going to add risk in the Social Security lifetime of hard work, and stifles job may have been more the case at that benefit, which is going to reduce bene- growth. I hope that my colleagues will time. Certainly it is less the case now. fits sharply because they change the join me today in supporting the rule The estate tax level attaches at $1.5 inflation index going forward, that is and the underlying legislation. million per individual, $3 million per going to reduce the benefits on our Mr. MCGOVERN. Mr. Speaker, I yield couple, and obviously the number of es- children and grandchildren, want to myself such time as I may consume. tates that would have tax consequences now run up the debt on our children We hear the phrase ‘‘death tax,’’ has fallen significantly. and grandchildren in order to help that which really is kind of a misnomer. Is it enough? No. Let us do something three-tenths of 1 percent, the very There is no such thing. When I am quite dramatic. The proposal that I am wealthiest among us. What kind of dead, I am dead. You cannot collect offering as a substitute would double sense is that? any taxes from me. The issue is wheth- from where we are today and in a very So we have proposed something quite er or not estates in the billions of dol- certain and immediate way bring to $6 different, immediate and certain estate lars should be subject to any taxation. million the estate tax exclusion for tax relief, $6 million per couple, $3 mil- We are not talking about small family couples. Couples across this country lion per individual, right now, and in farms or small businesses. That is not possessing less than $6 million in as- 2009, $7 million per couple, $3.5 million what this is about. If you read the sets, no estate tax. Nothing. Gone. Im- per individual. And, once more, a pro- Washington Post today, it is very clear mediately and certainly. By the end of posal that I think we would want to what this is about. It is about the most the decade, it moves to $7 million. By consider closely, we could take the dif- extremely wealthy companies, the 2009, there could be $7 million in a cou- ference between the majority bill and most extremely wealthy people in this ple’s estate. our bill and dedicate it to the Social country. Is this meaningful? You bet it is Security trust fund. The gentleman from North Dakota meaningful. You look at the numbers, There is a lot of talk from the other has a substitute that would basically and it will tell you that we all but side: Where’s your plan? Where’s your exempt 99.7 percent of all estates from make this problem go away. Looking plan? How about this one? Let us start any estate tax. So let us be clear about across this country, 99.7 percent of es- by addressing the problem and making what is going on, and let us also be tates in this country no longer have es- a good deal of it go away. clear about the cost to our kids. The tate tax issues under the substitute If we took the difference, the amount Joint Committee on Taxation says that I am advancing. That is 997 out of of estate tax revenue over the $7 mil- that this is going to cost up to $290 bil- 1,000. That is pretty significant. lion figure at the end of the decade, lion. There seems to be no concern on There are a couple of other dif- and dedicated it to the Social Security the other side of the aisle about what ferences. It is one-quarter of the cost of trust fund, we could fill 40 percent of this does to our deficit or our debt. the majority proposal, $290 billion, that the hole over 75 years, almost make This is not paid for. They make no at- they are talking about. There are half the problem go away, while pre- tempt to pay for it. things they are saying that just are not serving benefits, while keeping the in- Let me just remind my colleagues so, that small businesses and family flation adjustment that our grand- that the debt that we are faced with farms have major estate tax issues children need. right now is close to $8 trillion, and the when the level is $6 million per couple. I think in the consequence of our interest on that debt is astonishingly They do not. floor discussions today it is important high. That is the legacy that they are I represent family farms and small to talk about both concepts, the imme- passing on to our kids. businesses all across the State of North diate and certain estate tax relief al- Our good colleague from Tennessee Dakota. I am telling you, if we set this ternative that we are advancing and (Mr. TANNER) in a presentation, I level at $6 million per couple, to move what we could do with the difference. thought, said it best. He said, so people to $7 million by the end of the decade, They say this estate tax has to be re- can understand what the debt means, if we largely take care of the problem. pealed, that it is the most unfair thing you stack up one thousand dollar bills, But beyond that, going forward, in the world. I can think of something a million dollars would be about a foot there is yet another very important even more unfair, and that is cutting high; a billion dollars would be about wrinkle in the majority proposal. This the benefits of Social Security to our the size of the Empire State Building; is the capital gains tax that their pro- children and grandchildren. That is a trillion dollars would be 1,000 Empire posal would add. It is unlike a tax re- more unfair in my opinion. State Buildings. Our debt is close to $8 lief bill that I have seen before, be- We do not have to make that trade- trillion, and there is no outrage on the cause, for everyone it helps, it adds off. We can make estate tax go away other side, there is no concern about capital gains taxes for many more. for 99.7 percent of the people in this what we are doing and what it means Right now in the handling of an estate, country, take the balance between the to our economy by making these tax there is no capital gains tax. Under bills, invest it in the Social Security cuts permanent. their proposal, they establish some- trust fund and deal with almost half of I think that people need to under- thing called the carryover basis. Not to the problem of the underfunding over stand what is going on here. This is not get technical with you, but what that the next 75 years. about small family farms. It is not does is impose capital gains tax expo- That is what the minority is bringing about small businesses. This is about sure on estates. The way the numbers forward today. It is a thoroughly con- helping the wealthiest of the wealthy. work out, more estates are going to sidered and balanced alternative, I be- Mr. Speaker, I yield 6 minutes to the end up with capital gains consequences lieve a reasonable and responsible al- gentleman from North Dakota (Mr. than get relief from estate taxes. So ternative, and I urge the Members’ con- POMEROY). you help a few; you harm a lot. It does sideration. Mr. POMEROY. I thank the gen- not make much sense to me. Again, at Mr. HASTINGS of Washington. Mr. tleman for yielding me this time. a total budget cost of $290 billion over Speaker, I am pleased to yield 3 min- Mr. Speaker, this rule brings an im- the first 10 years and more than $800 utes to the gentleman from California portant debate to the floor. Let me tell billion over the second 10 years. (Mr. COX).

VerDate Aug 04 2004 01:05 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.031 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1913 Mr. COX. Mr. Speaker, I rise in sup- to have to hire an accountant to go enough. We are going to contribute port of this rule and the bill authored through all this and list everything money to our Republican friends, and by the gentleman from Missouri (Mr. that their family member has accumu- do you know what they are going to HULSHOF) and commend him for his lated throughout his or her entire life do? They are going to lower our taxes great work on behalf of America’s job just to prove that they do not owe this even more. creators. tax. Anybody who is slogging through Mr. Speaker, we are here debating an I just heard the Democratic Member their form 1040 trying to file their in- issue that has zero impact on 98 per- say that only a tiny fraction of the come tax return now knows what I am cent of the American people. Nobody in people who die in America and their talking about. the middle class, nobody in the work- families have to pay this death tax. Ap- We are trying to eliminate the com- ing class, no low-income person pays parently, the gentleman has never had plexity of this law which hurts every one penny in the estate tax. All of the to go through the dreaded form 706. single person who works for a small estate tax is paid by the wealthiest 2 How many of us right now are trying to business in America. When that small percent. If their proposal passes, half of deal with form 1040? Even though we business is liquidated in order to pay the benefits go to the richest one-tenth deal with it year in and year out, we the death tax because it is a tax on of 1 percent. still cannot figure it out. What we are property of small businesses, people trying to get rid of is the complexity of lose their jobs, and that is where the I want to ask my friends a question. the Tax Code and the $20 billion a year burden and the incidence of this tax This is a question. As my colleagues that the death tax consumes from the falls. know, President Bush and the Repub- American economy that does not go to Repealing the death tax once and for lican leadership are supporting in- the Treasury but, rather, goes to tax all is the right thing to do, and I am creased fees on our veterans. They are lawyers and accountants and life insur- very pleased that this rule will bring raising prescription drug fees for our ance sales and keyman policies and so that to the floor. veterans, and they want to charge a on, all of this estate planning which is Mr. MCGOVERN. Mr. Speaker, I yield $250 co-pay for veterans of wars who economic waste. It is hurting our econ- myself such time as I may consume. enter the VA hospital. I would like to omy. Let me again remind people that we ask my Republican friends do they Eighty-eight pages of the Internal are talking about three-tenths of 1 per- think it is a good idea to give tax Revenue Code, 88 pages of law, are de- cent who actually pay an estate tax. In breaks today to billionaires and to voted to trying to close the loopholes that category we are not talking about charge veterans significantly increased that have erupted over the 20th cen- family farms or small businesses. We fees for health care. That is my ques- tury as our experiment with the death are talking about Paris Hilton, and I tion. tax has shown that it actually costs would say to my colleague from Cali- I am listening. I am listening. I do the government and costs the Amer- fornia that I think she has enough ac- not hear an answer. ican people money to maintain it. countants and lawyers to be able to fill That is the answer. They are substan- Much as we would like to be able to tax out form 706. tially increasing health care costs for the super-rich, they get out of the tax Mr. Speaker, I yield 3 minutes to the veterans who have put their lives on with trusts and loopholes and so on, as gentleman from Vermont (Mr. SAND- the line defending this country. They will the rich after we do what the ERS). are increasing our deficit, increasing Democrats want, which is to create Mr. SANDERS. Mr. Speaker, this is our national debt, all on behalf of the some complicated new definitions to actually one of the more absurd de- richest people in this country. This bill try and cabin off this tax so it only af- bates that I have ever heard in my life, is bought and paid for by millionaires fects a few people. The only people who and I think anybody who turns on the and billionaires, and anyone who votes will actually be hurt by the burden of television and wonders what is going for it should be ashamed of themselves. these new complex rules and laws will on here in Congress will then conclude be people who we do not want to pay that the reason that this institution is ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE held in so low regard is because we the tax in the first place. The SPEAKER pro tempore (Mr. have debates like this. SIMPSON). The Chair would remind per- b 1145 Let us look at what is going on in sons in the gallery that they are here If at the time that one of one’s loved America today. The middle class is as guests of the House and that any ones dies, just to file the return, not shrinking. Study after study shows manifestaton of approval or dis- pay the tax, they are going to have to that real wages for American workers approval of proceedings or other audi- plow through all of these helpful in- are going down; and in the last 4 years, ble conversation is in violation of the structions that are in such small print 4 million more Americans have entered rules of the House. that even a high school student might the ranks of poverty. While the middle need reading glasses to get through class shrinks, poverty increases. The Mr. HASTINGS of Washington. Mr. some of these 40 pages. But here is the richest people in America have never Speaker, I yield 5 minutes to the gen- kind of helpful thing one will find when had it so good. CEOs of large corpora- tleman from Georgia (Mr. WESTMORE- a loved one dies: ‘‘Generally, you may tions now make 500 times what their LAND). list on Schedule M all property inter- workers make. In America today we Mr. WESTMORELAND. Mr. Speaker, ests that pass from the decedent to the have the most unfair distribution of I thank the gentleman from Wash- surviving spouse and are included in wealth and income in the history of ington (Mr. HASTINGS) for yielding me the gross estate. However, you should our country and of any major country this time. not list any ‘nondeductible terminable on Earth. interests,’ described below, on Sched- So what are we discussing here Mr. Speaker, I rise today in support ule M unless you are making a QTIP today? Are we going to raise the min- of this rule and H.R. 8. I applaud the ef- election. The property for which you imum wage to a living wage? Are we forts of the leadership and the gen- make this election must be included on really going to protect family farmers tleman from Missouri in bringing for- Schedule M. See ‘qualified terminable from low prices? Are we going to stop ward H.R. 8 to finally bury the death interest property’ on the following the hemorrhaging of decent-paying tax once and for all. page. jobs going to China? Do not be silly. One thing I have learned in the short ‘‘For the rules on common disaster We do not talk about that because cor- time I have sat here is that the Demo- and survival for a limited period, see porate America does not fund those crats really look at the person whom section 2056(b)(3).’’ concerns. this bill would affect, and, by the way, This is just one little paragraph out The richest people in America said I do not think any of them are watch- of 40 pages of this. They are going to several years ago, Hey, yes, we are ing this on TV right now because they have to hire a lawyer. They are going worth billions of dollars. That is not are all probably at work, but they are

VerDate Aug 04 2004 02:47 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.034 H13PT1 H1914 CONGRESSIONAL RECORD — HOUSE April 13, 2005 looking at the person whom this bill government takes its bite out of the the Mars candy, Gallo wine and Campbell would affect as someone who got up apple, it should not get a second bite. soup fortunes one step closer to a goal that early, worked hard all his life, looked Yet the death tax takes an even bigger once seemed quixotic at best: ending all tax- bite out of the money that has already ation on inheritances. after his family, built infrastructure, ‘‘I think this train has an awful lot of mo- saved money, put capital back into this been taxed. Economic studies have mentum,’’ said Yale University law professor system, provided jobs, benefits, health shown that the cost of trying to com- Michael J. Graetz, a former senior official in care for people, and the Democrats ply or avoid the death tax consumes as the Treasury Department of President look at this individual as a gift who much out of the economy as is gen- George H.W. Bush. keeps on giving. erated by the death tax itself. Last month, Graetz and Yale political sci- One of the things our country needs The death tax also hits those who entist Ian Shapiro published ‘‘Death By A is individuals who are willing to work cannot afford a lawyer or a CPA to Thousand Cuts,’’ chronicling the estate tax hard and save their money. It is the help them. If their assets are not in repeal movement as ‘‘a mystery about poli- tics and persuasion.’’ basis of our economy and the American cash, as in most family businesses they ‘‘For almost a century, the estate tax af- Dream. This country is a wonderful are not, they have to make a huge bur- fected only the richest 1 or 2 percent of citi- land of opportunity. Anyone can work den and sacrifice that they are not zens, encouraged charity, and placed no bur- hard and be whatever they want to be ready for by having to get somebody den on the vast majority of Americans,’’ in this country. Yet our tax system di- else to advise them about how to take they wrote. ‘‘A law that constituted the rectly discourages savings by limiting care of their families and their chil- blandest kind of common sense for most of contributions to IRAs and taxing divi- dren. And in spite of all this, the death the twentieth century was transformed, in the space of little more than a decade, into dends. When one works hard and saves, tax does not even generate that much the supposed enemy of hardworking citizens they should be rewarded, not punished. revenue or ‘‘windfall profit’’ for the all over this country.’’ The current death tax punishes people government, yes, a ‘‘windfall profit’’ The secret of the repeal movement’s suc- for saving their own money, for ful- for the government, while placing this cess has been its appeal to principle over ec- filling the American Dream. huge burden on the families of this onomics. While repeal opponents bellowed Tax cuts do not cost the U.S. Govern- country. It is not right. that only the richest of the rich would ever ment money. This is something that I The idea of the tax coming back in pay the estate tax, proponents appealed to think is misunderstood up here. Cut- 2011 is amazing. It just does not make Americans’ sense of fairness, that individ- sense, and people cannot make any uals have the natural right to pass on their ting taxes does not cost the govern- wealth to their children. ment money. It allows people who earn long-term financial plans. Getting rid The most recent Internal Revenue Service that money to keep more of it in their of the death tax will simplify our Na- data back opponents’ claims. In 2001, out of pocket. This Congress must recognize tion’s laws and ease the burden on our 2,363,100 total adult deaths, only 49,911—2.1 that tax cuts spur economic growth. country. If it takes a CPA or a lawyer percent—had estates large enough to be hit We have seen this in the Reagan tax to figure out what one is trying to do by the estate tax. That was down from 2.3 cuts that led to the boom of the 1990s and what burdens the government has percent in 1999. The value of the taxed es- put on them, then it is too much of a tates in 2001 averaged nearly $2.7 million. and in this President’s tax cuts that Congressional action since 2001 will likely have brought us out of the recession burden. We need to do everything we bring down the number of taxable estates that this country experienced after 9/ can to lessen that burden. Repealing still further. President Bush’s 10-year, $1.35 11. the death tax is the right thing to do. trillion tax cut in 2001 began a decade-long As a small business owner, I know Although I was not in Congress when phase-out of the estate tax. The portion of firsthand how hard one has to work to the phase-out of the death tax began, I an estate exempted from taxation was raised build a business. And most times the am thrilled to be here today to cospon- from $675,000 in 2001 to $1.5 million in 2004. assets of a family business are not in sor and vote for it to be completely Next year, the exemption will rise to $2 mil- cash, or easily so. When a family busi- eliminated. And I urge all of my col- lion for individuals and $4 million for cou- ples. ness is hit with an estate tax, it often leagues to do the same. The impact has been clear, tax policy ana- requires the selling of a large amount Mr. MCGOVERN. Mr. Speaker, I yield lysts say. The number of estates filing tax of inventory or other assets in order to myself such time as I may consume. return is falling sharply, from 123,600 in 2000 pay the debt. That is not right. That Let me just make a couple of points to an expected 63,800 this year. And only a hurts families who want to continue here. This is not about protecting small fraction of those will actually be the legacy of their loved ones who have small businesses or family farms. I taxed. passed away. Why do we want to harm mean, I think that is clear to every- Under the 2001 legislation, however, all of the tax cuts, including the estate tax’s re- or punish or exploit those who work body here. This is about protecting the three-tenths of the 1 percent wealthiest peal, would be rescinded in 2011. The vote their hardest to create an inheritance today is the first to address the sunset provi- for their loved ones? people in this country. sions. The death tax has made crooks out of I enter into the RECORD an article House Democrats, led by Rep. Earl Pom- honest people because they have to that appeared in today’s Washington eroy (D–N.D.), today will propose perma- search for all kinds of ways to avoid Post that really kind of explains what nently raising the exclusion to $3.5 million— paying the tax. And the reason they do this debate is all about, about how $7 million for couples. That would be enough not want to pay this tax is because Mars candy, Gallo wine, and Campbell to exempt 99.7 percent of all estates. The Pomeroy bill would cost the Treasury $72 bil- they hate to see everything that some- soup fortunes have been lobbying for the complete repeal of the estate tax lion over 10 years, compared with the $290 one that they loved and deeply cared billion price tag of a full repeal through 2015, about who spent their whole life build- for some time so they can end all tax- according to the Joint Committee on Tax- ing is taken away by the government. ation on their inheritance. That is ation. Small businesses should not be run what this is about. This is not about ‘‘The ideological fervor that is admittedly while looking over one’s shoulder to working families. This is not small still pretty strong in some quarters is now make sure the tax man is not about to family farms or small businesses. This being tempered by the runaway debt that is get them. Small business owners must is about protecting the richest of the weighing down this country,’’ said Pomeroy, rich. who thinks voters are ready for a com- be able to focus on their business. More promise. than 70 percent of small family busi- [From the Washington Post, April 13, 2005] Indeed, Senate Majority Leader Bill Frist nesses do not last beyond the second EROSION OF ESTATE TAX ISASESSION IN (R–Tenn.) has asked Sen. Jon Kyl (R–Ariz.), generation, and the estate tax plays a POLITICS a repeal proponent, to find a compromise large part in that. Having someone pay (By Jonathan Weisman) that could win a filibuster-proof 60 votes in half of their assets to the government In 1992, when heirs to the Mars Inc. fortune the Senate this year, even if it falls short of is absolutely wrong no matter what is joined a few other wealthy families to hire full repeal. A compromise that includes any estate being paid. We all know that people the law firm Patton Boggs LLP to lobby for estate tax repeal, the joke on K Street was tax, no matter how small, may fail if the fer- can manage their own money much that few Washington sightseers had paid so vent repeal coalition holds firm, Graetz said. better than the government. much for a fruitless tour of the Capitol. Repeal opponents have been unable to whip One of the things I hate more than Today, the House is expected to vote to up big support, he said, because they never anything is a double tax. When the permanently repeal the estate tax, moving made the emotional case that the American

VerDate Aug 04 2004 02:14 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.037 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1915 belief in equal opportunity runs counter to should go away, our side believing that Mr. MCGOVERN. Mr. Speaker, I yield the existence of an aristocracy born to inher- it should be totally repealed, the other myself such time as I may consume. ited riches. Paris Hilton, who inherited her side believing that there are a certain I appreciate the words from my col- wealth. and now famously enjoys spending number of people who should be exempt league on the Committee on Rules, the it, could have been their counter to the from paying this. It is good to see that small-business owners and family farmers gentleman from Florida; but quite whom repeal proponents held up as the vic- we have finally come together to rec- frankly, I do not know what he is talk- tims of the tax. ognize that the death tax is a killer for ing about. The small businesses and ‘‘The public doesn’t believe people should small businesses and family farms and the family farms, we are all in agree- be taxed at the time of death, whether they ranches. I am glad that that is a bipar- ment that they need to be protected. are paupers or billionaires,’’ said Frank tisan agreement, and I am glad that That is not what the debate is about Luntz, a Republican pollster who has been this rule reflects that. here today. working on estate tax repeal for a decade. A wise man once joked that there is The debate is about whether three- ‘‘Compromise is very difficult because the always death and taxes, but death does public doesn’t want it to exist.’’ tenths of 1 percent of higher income- not get worse every year. earners in this country deserve addi- It is that sentiment that the fledgling re- With the death tax in place, that is peal forces tapped into when they mobilized tional tax relief at a time when they not true. Each year that passes, many more than a decade ago. A little-known are cutting Medicaid, veterans bene- Southern California estate planner named family-owned farms and businesses are fits, when they are dipping into the So- Patricia Soldano launched her repeal effort subject to this tax. It is fundamentally cial Security trust fund. with the backing of about 50 wealthy clients, unfair that death is a taxable event. This is not a death tax. What they Taxes have already been paid on the as- with the Gallo and Mars families leading the are talking about is a debt tax, way. Other contributors included the heirs of sets subject to the taxation under the D-E-B-T, adding to the deficits and the the Campbell soup and Krystal hamburger death tax during the lifetime of the debt of this country. Right now, this fortunes. Frank Blethen, whose family con- owners. It amounts to a second bite of year, we are paying $177 billion this trols the Seattle Times Co., was also pivotal. the apple for the government. The effort caught fire when small-business With the repeal of the tax, more year in interest on the debt. Next year groups such as the National Federation of small businesses and farms will stay in it will be $213 billion. It is ridiculous. Independent Business and agriculture groups We need to rein in some of these ex- led by the National Cattlemen’s Beef Asso- the hands of those families. Currently, the death tax is a leading cause of dis- travagant tax cuts for the wealthy so ciation joined in. that we can get our fiscal house in By 1994, Newt Gingrich’s Republican insur- solution. And we see this all the time gents had latched onto the estate tax issue, in agriculture, that when the grand- order here in this country, so we can but the Contract With America called for an parents die they have to sell off a por- start taking care of Social Security in estate tax reduction, not repeal. In 1995, tion of the land so that the government the long term, so we do not have to cut Luntz poll-tested the term ‘‘death tax’’ and gets their share so that they break up veterans benefits or educational bene- advised the new GOP majority to never use the very asset that made that farm fits or environmental protection. the terms ‘‘inheritance’’ or ‘‘estate tax’’ what it was. They eliminate the oppor- Mr. Speaker, I at this time I will again. tunity for that next generation to par- enter into the RECORD an article by By then, Soldano’s Policy and Taxation E.J. Dionne entitled ‘‘The Paris Hilton Group was spending more than $250,000 a ticipate even though they worked on it year on lobbying. A parade of small-business themselves, growing up, paying their Tax Cut.’’ owners and family farmers appealed to their way through school, helping to support [From the Washington Post, Apr. 12, 2005] congressmen, worried that they could not all of the family efforts. That is a great THE PARIS HILTON TAX CUT pass on their enterprises to their children, cause of the loss of rural communities (By E. J. Dionne Jr.) even though most of them would not be af- and small-time agriculture in this The same people who insist that critics of fected by the tax. country, and I think that we can all ‘‘There’s been a sustained, determined Social Security privatization should offer re- agree that that is a shameful loss to form proposals of their own are working fe- campaign of misinformation that in the end our Nation. They form the backbone of has left the American people with a very dif- verishly to eliminate alternatives that ferent notion of what the estate tax is and our rural heritage. might reduce the need for benefit cuts or does than actually exists,’’ Pomeroy said. The death tax is a virtue tax in the payroll tax increases. But ultimately, whether people believe the sense that it penalizes work, penalizes I refer to the fact that House Republican estate tax will affect them has little bearing savings and thrift in favor of large- leaders have scheduled a vote this week to on support for repeal. Early this year, with scale consumption. abolish the estate tax permanently. Under a wacky provision of the 2001 tax cut designed Soldano’s money, Luntz again began polling, b 1200 this time in the face of record budget deficits to disguise the law’s full cost, Congress and lingering economic unease. More than 80 In other words, if those same families voted to make the estate tax go away in 2010, percent called the taxation of inheritances had sold off everything and spent it, but come back in full force in 2011. With so many other taxes around, it’s hard ‘‘extreme.’’ About 64 percent said they fa- then they would not be subject to the to understand why this is the one Congress vored ‘‘death tax’’ repeal. Support fell to a death tax. But the fact that they made would repeal. It falls, in effect, on the heirs still-strong 56 percent when asked whether a decision to hold something, to build to the wealthiest Americans. Fewer than 1 they favored repeal, even if it temporarily it, to grow it so that their children and percent of the people who died in 2004 paid an boosted the budget deficit. grandchildren might have a farm to Democrats ‘‘still don’t get it,’’ Graetz said. estate tax, and half the revenue from the tax ‘‘The politics are still very powerful.’’ continue to cultivate the bread basket came from estates valued at $10 million or for the world in, then they are taxed. more. Mr. Speaker, I reserve the balance of Where is the fairness in that? Yet, because the wealthy have gotten my time. Mr. Speaker, 87 percent of family wealthier over the past three decades or so, Mr. HASTINGS of Washington. Mr. businesses do not make it to the third the estate tax produces a lot of money. Speaker, I yield 3 minutes to the gen- generation. Unquestionably, the death Counting both revenue losses and added in- tleman from Florida (Mr. PUTNAM), a terest costs, complete repeal of the estate tax plays a tremendous part in that tax would cost the government close to $1 powerful member of the Committee on statistic. This is especially true of Rules. trillion between 2012 and 2021, according to businesses that are land-rich and cash- the Center on Budget and Policy Priorities. Mr. PUTNAM. Mr. Speaker, I thank poor. That is what we call it in the And that is where Social Security comes the gentleman for yielding me this South, Mr. Speaker, where you have all in. You can reject outlandish claims that So- time. of your assets tied up in things. You cial Security faces some sort of ‘‘crisis’’ and I am proud to be a part of the Com- cannot afford a brand-new car, you still acknowledge that it faces a gap in fund- mittee on Rules, which reported out a cannot afford a brand-new tractor, you ing for the long haul. The estate tax should very balanced rule that allows both cannot afford all the nicer things; but be part of the solution. In a little-noticed estimate confirmed by sides to be heard on this issue. yet on paper you are quite wealthy, be- The interesting thing about this his office yesterday, Stephen Goss, the high- cause you purchased land, you gave ly respected Social Security actuary, has issue is that there is agreement that value to that land as time passes. studied how much of the Social Security fi- the death tax should go away. There is Mr. Speaker, I urge that we adopt the nancing gap could be filled by a reformed es- disagreement about the numbers and rule and continue forward with the re- tate tax. What would happen if, instead of re- the number of people for whom it peal of this scurrilous tax on death. pealing the tax, Congress left it in place at a

VerDate Aug 04 2004 02:47 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A13AP7.010 H13PT1 H1916 CONGRESSIONAL RECORD — HOUSE April 13, 2005 45 percent rate, and only on fortunes that ex- they turn around, they buy an asset, and what you are proposing here. What ceeded $3.5 million—which would be $7 mil- and they spend their money, and they you are doing here is trying to extend lion for couples? That, by the way, is well are paying a tax on every bit of that. this to protect the richest of the rich, below where the estate tax stood when Presi- And then, when an American dies, they and that is just wrong. dent Bush took office and would eliminate Mr. Speaker, I reserve the balance of more than 99 percent of estates from the tax. have to pay the tax again. It reflects the substantial reduction that This tax affects every American, es- my time. would take effect in 2009 under Bush’s tax pecially our small business owners. I Mr. HASTINGS of Washington. Mr. plan. have found it very curious that some of Speaker, I yield myself such time as I According to Goss, a tax at that level my colleagues across the aisle continue may consume to remind my colleagues would cover one-quarter of the 75-year Social to say it only affects the rich. Well, in that the rule that we are debating here Security shortfall. The Congressional Budget my district, do my colleagues know to talk about the repeal of the death Office has a more modest estimate of the that it affects thousands of farmers, tax makes in order the substance of the shortfall. Applying Goss’s numbers means thousands of small business owners subject that the gentleman from Mas- that if CBO is right, the reformed estate tax sachusetts talked about, the Pomeroy would cover one-half of the Social Security who are very upset about the death shortfall. tax? substitute. We will have a vigorous de- This is big news for the Social Security de- Families everywhere would benefit bate on that. This is a very fair rule so bate. Michael J. Graetz and Ian Shapiro, au- from the repeal of this tax. When 70 that we can debate the difference be- thors of a new book on the estate tax, percent of family businesses do not tween the two, and the body will work ‘‘Death by a Thousand Cuts,’’ have referred make it to the second generation, there its will. to its repeal as the ‘‘Paris Hilton Benefit is a problem; and we know we can fix Mr. Speaker, I yield 3 minutes to the Act.’’ To pick up on the metaphor, why gentleman from Indiana (Mr. PENCE). should Congress be more concerned about part of that problem, because it is the death tax. For too long the death tax (Mr. PENCE asked and was given per- protecting Paris Hilton’s inheritance than mission to revise and extend his re- has been a major factor in the failure grandma’s Social Security check? How can a marks.) member of Congress even think about raising of family businesses. The tax not only Mr. PENCE. Mr. Speaker, I thank the payroll taxes while throwing away so much forces American families to hand over other revenue? gentleman for yielding me this time, their hard work to the government; and I rise in strong support of the rule This also means that Democrats now talk- family businesses spend millions of dol- ing about reaching a ‘‘compromise’’ with the and the Death Tax Repeal Permanency lars every year trying to comply with Republicans on the estate tax should put the Act of 2005. I do so, Mr. Speaker, really discussions on hold until the Social Security these regulations. In addition, it dis- to just speak about small business debate plays itself out. Most of the ‘‘com- courages savings and investment, and America and about a small business- promises’’ being discussed would repeal 80 to it is costing our economy hundreds of man who raised me. 90 percent of the estate tax. At some point, thousands of new jobs. It was 17 years ago today at the too- it might be reasonable to agree to make the Mr. Speaker, 89 percent of Americans young age of 58 that my father, Ed 2009 estate tax levels permanent. But if they want death taxes repealed. Small busi- agree to any steps beyond that, Democrats Pence, passed away. It happens to be ness owners get it, seniors get it, the an unfortunate anniversary in my fam- will, once again, be placing the concerns of farmers in my district get it. wealthy donors over the interests of the peo- ily, but on April 13, 1988, we said good- ple who actually vote for them. Mr. Speaker, I urge my colleagues to bye to my father. He was a small busi- The Friends of Paris Hilton realize that as join the leadership and to support this ness owner that many on the floor of federal deficits mount and rising Medicare rule in favor of H.R. 8. the Congress today would classify as a costs loom, the case for the total repeal of Mr. MCGOVERN. Mr. Speaker, I yield rich American. the estate tax grows steadily weaker. That’s myself such time as I may consume. Now, the rich American that I saw why they’re hoping they can sucker defend- Again, I am having trouble following was a man who started out in a very ers of estate taxes into a so-called com- this debate here. The gentlewoman promise that gives away the store—the small business in Columbus, Indiana, from Tennessee talked about the thou- and worked tirelessly to raise his four store, in this case, going to Neiman-Marcus sands of people in her district that had shoppers, not to those who rely on Target. sons and two daughters and build a This is an instructive moment. What we to pay the estate tax last year. I am business that employed several hun- are having is not a real debate on the future reading from a report here that said dred local people in support of their of Social Security but a sham discussion in there were roughly 440 taxable estates, families. It is really, with the memory which the one issue that matters to the gov- or about 2 percent of all taxable estates of my father in mind, that I rise in vig- erning majority is how to keep cutting taxes were made up of farm and business as- orous support of the permanent repeal on the wealthiest people in our country. sets in the year 2004. of the death tax. Because while my Those who vote to repeal the estate tax What we are talking about here, and this week will be sending a clear message: family was reeling from the grief of the They see the ‘‘crisis’’ in Social Security as again, if we agree to the Pomeroy sub- loss of my father to a sudden heart at- serious enough to justify benefit cuts and stitute, is three-tenths of 1 percent of tack 17 years ago today, also we were private accounts. But it’s not serious enough the wealthiest people in this country. settling into the reality that much of to warrant a minor inconvenience to those That is what we are talking about. We what he had built, all of which he had who plan to live on their parents’ wealth. are not talking about family farms. I already paid taxes on, was now subject Mr. Speaker, I reserve the balance of mean, that is a red herring. We are not to as much as a 47 percent estate tax. my time. talking about small businesses. We are My father’s death and the business Mr. HASTINGS of Washington. Mr. talking about the Campbell Soup for- that he built and the resources that he Speaker, I am pleased to yield 2 min- tunes, the Mars candy fortunes. We are had husbanded, after paying all of his utes to the gentlewoman from Ten- talking about the richest of the rich. debts and all of his taxes, should not nessee (Mrs. BLACKBURN). That is what this is about. have been subject to another tax. And Mrs. BLACKBURN. Mr. Speaker, I What is unconscionable is that we we come into this well today on behalf want to rise in support of the rule that are moving forward on this at a time of small business owners and family will allow us to consider the permanent when the majority of this House is pro- farmers just like my dad to put to an repeal of the death tax. posing budgets that slash Medicaid, end permanently this truly immoral Mr. Speaker, I think it is so appro- that cut community development death tax in America. priate, so very appropriate that this block grants, that cut veterans health It is the reality out there, not the week, as millions of American tax- benefits, that cut education, that cut heated rhetoric of rich versus poor, payers are finalizing their Federal in- things that people rely on every single that explains why 89 percent of small come tax filings that we are looking at day. This is absurd that we are having business owners favor permanent re- what is one of the most egregious taxes this debate here today. peal. In fact, they know that more and most unfair taxes to our small Again, I would urge my colleagues to than 70 percent of family businesses do business community. I am one of those look at the facts. Please do not exag- not survive to a second generation; 87 that fully believes that the death tax is gerate the impact of the difference be- percent do not make it to a third gen- the triple tax, because Americans pay tween what the gentleman from North eration. Much is made of middle Amer- tax when they earn their income. Then Dakota (Mr. POMEROY) has suggested ica that I am proud to represent and

VerDate Aug 04 2004 02:14 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A13AP7.011 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1917 the fact that Main Streets and court- debate is changing the inflation index land was dumped on the market. Times house squares are largely boarded up. that would reduce the benefit for our were rough, and the value of the land People want to blame the Internet. subsequent generations. In my opinion, that was around $2,000 an acre when They want to blame mass retailers. that is immoral. she died went to $600 or $700 an acre. Well, I put the majority of the blame in What I think we ought to have cap- The IRS was actually very gracious. practical terms at the doorstep of the tured in this debate on estate tax is the They gave a couple of extensions or so. death tax. It has waged war on small trade-off, because they say it is just es- They allowed another appraisal, but it business and family farmers all across tate tax; believe me, it is also Social was around $2,000 an acre when she America, and we will begin to reverse Security. If you take $290 billion out of died. that in a permanent way today. the budget for the wealthiest three out The IRS required the sale of every So in the tender memory of my fa- of 1,000, you impact the ability to fix acre of land that they owned. They sold ther, of his earnest labors, and with it Social Security for everybody else. And every item out of her home. If anybody in my mind the men and women who to the proposal I would like considered in the family wanted anything, we had this day labor to raise their families before the House is, let us give imme- to show up at the auction and buy it. I and build small businesses and family diate and certain estate tax relief, 6 bought this keepsake to remember my farms all across America that I extol million per couple, and let us capture Great Aunt Lillie, who had been so gra- the authors of this bill. I endorse the the amount over that dedicated to So- cious and kind and a great farm woman rule, and I vigorously support the per- cial Security. That would fill 40 per- and a great gentlewoman. manent repeal of the death tax. cent of the unfunded liabilities. So if you want to talk about the Mr. MCGOVERN. Mr. Speaker, I yield In context, we are looking at a 75- death tax in real facts, here it is. The myself such time as I may consume. year solvency figure that the President death tax provides no grace, amazing I want to make it clear, as there is a has found so troublesome he wants to or otherwise. It is a socialist notion, lot of misinformation being promoted privatize Social Security. Well, by and it needs to go away. on the other side here: our side sup- dedicating the sums that we capture Mr. MCGOVERN. Mr. Speaker, I yield ports relief for family farmers and with this three-tenths of 1 percent, we myself such time as I may consume. Let me again, just for the record, small businesses. That is not what we could fill 40 percent of the hole on So- point out that the Pomeroy substitute are talking about here today. The dif- cial Security. We would not have to cut would provide $3 million in relief for ference between our approach is the benefits for our children. We would not individuals immediately, $3.5 million three-tenths of 1 percent richest people have to cut benefits for our grand- by 2009, and $7 million per couple. And, in this country, the Paris Hiltons of children. again, what we are talking about here the world, the executives at Campbell So what we have is a very reasonable is not what the gentleman just spoke Soup, the heirs of Campbell Soup or proposal going forward. Let us make of. What we are talking about here is Mars candy if you read The Wash- the estate tax go away for 99.7 percent ington Post today. That is what this is the richest of the rich in this country. of the estates in this country. Let us Mr. Speaker, I reserve the balance of about. In a climate where the majority not impose new capital gains taxes at my time. is cutting Medicaid, cutting veterans the time of estates, and let us dedicate Mr. HASTINGS of Washington. Mr. benefits, cutting programs that help the difference to addressing Social Se- Speaker, I yield 13⁄4 minutes to the gen- feed the most vulnerable in our coun- curity. It brings us almost halfway tleman from Texas (Mr. SMITH). try, to go out and protect and to try to there in terms of keeping all of the Mr. SMITH of Texas. Mr. Speaker, I extend a special tax cut to those rich- guarantees, while meeting the funding thank my friend from Washington for est people in this country, I think, is challenge over the next 75 years. yielding this time. unconscionable. That is what is advanced by the mi- Mr. Speaker, in the last 2 years, the Mr. Speaker, I yield 3 minutes to the nority proposal in this debate, and I economy has created over 3 million gentleman from North Dakota (Mr. hope it will get my colleagues’ close new jobs. The unemployment rate is POMEROY). consideration. down. Our Nation’s total output, or Mr. POMEROY. Mr. Speaker, I thank Mr. HASTINGS of Washington. Mr. Gross Domestic Product, is up. Home my colleague, the gentleman from Speaker, I am pleased to yield 3 min- ownership is at a record high, and per- Massachusetts, for leading the debate utes to the gentleman from Texas (Mr. sonal income has increased. on this important rule in this fashion. GOHMERT). Our economy is strong. To ensure I will just respond to my friend, the Mr. GOHMERT. Mr. Speaker, we that we continue to enjoy prosperity, gentleman from Indiana (Mr. PENCE), have heard a lot of rhetoric here today, Congress should support a pro-eco- the preceding speaker. and some of it a bit disingenuous. I nomic growth agenda that creates jobs It is important that we talk about think it is a bit disingenuous to say in and helps small businesses grow. This real facts today and, honest to good- a loud tone, demanding an answer to includes reducing taxes. ness, some of the language does not re- some rhetorical question, and then de- Our families and our country are bet- flect what reality would be relative to mand, well, I hear none, when all of us ter off when they keep more of what the estate tax if you would pass the here are observing the rules and not in- they earn. One way to enable them to Pomeroy substitute and set it at $6 terrupting. It is a bit interesting to do that is to pass H.R. 8, which perma- million per couple, taking care of, hear people talk about red herrings, nently repeals the punitive death tax. making estate tax completely go away and I like hearing from people across This tax often prevents parents from for 99.7 percent of the people in this the aisle that they want to talk about passing along their life’s work and sav- country. Language like ‘‘waging war real facts. So let me talk about real ings to their children. Family farms, on small business’’ and the majority facts. ranches and small businesses are forced reason for why small family farms do This, my friends, is a music box. It to be sold to satisfy the death tax rates not pass on, 99.7 percent have no, abso- plays Amazing Grace. I would wind it which can reach 55 percent. lutely no estate tax under the proposal up and play it now if the rules allowed No one should be taxed throughout that we are advancing. Clearly, that that. their lifetime and then have their prop- language does not match the facts of erty retaxed at the time of their death. b 1215 the proposal that we have advanced. It is the wrong tax at the wrong time We heard about the immorality of It belonged to my Great Aunt Lillie. on the wrong people. taxing for the wealthiest three out of She was land rich. Over a hundred Mr. MCGOVERN. Mr. Speaker, I yield the 1,000 estates in this country. I be- years their family accumulated land, 3 minutes to the gentleman from Vir- lieve another immorality is on the farm and ranch. I bought this music ginia (Mr. MORAN). floor today, and that is the immorality box at an IRS auction where the IRS Mr. MORAN of Virginia. Mr. Speak- of privatizing Social Security and re- forced the sale of everything she er, I think this piece of legislation that ducing the benefits of Social Security owned. They accumulated about 2,500 the majority is clearly going to be able for our children and grandchildren. An acres of farm and ranch land. She died to pass today is one of the most out- essential part of the Social Security in July of 1986, and shortly thereafter rageous tax cuts that we have brought

VerDate Aug 04 2004 02:14 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.041 H13PT1 H1918 CONGRESSIONAL RECORD — HOUSE April 13, 2005 to the House floor. The Democrats are the Death Tax Repeal Permanency Act with sadness in his voice he told me, going to offer an alternative, and I ap- of 2005. you know what, Congressman? By the preciate the fact that it was allowed by First, I would like to take this oppor- time the government takes its share, the Rules Committee, but this alter- tunity to thank the gentleman from there is just not enough to go around. native would exempt 99.7 percent of Missouri (Mr. HULSHOF) for his leader- It is not fair to take that family’s American families from having to pay ship on the bill. ranch. It is not fair that Americans are inheritance taxes. So all we are really Mr. Speaker, I do not believe that being taxed twice on the same income. talking about is three-tenths of 1 per- there has ever been a more reprehen- And it is not fair that the Federal Gov- cent, a relative handful, the people who sible tax on the face of the earth than ernment can step in and automatically clearly can most afford to pay taxes. the death tax. The death tax represents inherit 55 percent of the family farm, a This excessive, unnecessary cut will not only a tax on the deceased but also family business or a family nest egg. pass despite the fact that, within the on their families. Husbands, wives and Mr. Speaker, let us vote for this rule. last few legislative sessions, this Con- children and other relatives bear the Let us support H.R. 8. Let us kill the gress has voted to take 300,000 families burden of this tax while they are still death tax and breathe new life into the off food stamps, to take 300,000 children struggling to cope with the loss of American dream. Mr. MCGOVERN. Mr. Speaker, I yield off daycare, to run the risk, by taking their loved one. Mr. Speaker, it is intolerable and ab- myself the balance of my time. $20 billion out of Medicaid, that as Mr. Speaker, what the majority is solutely unacceptable for the Federal many as 7 million very poor elderly doing today is wrong. We need to help people dependent on government help Government to exact a tax on death family farmers and small businesses. in nursing homes will not get that as- and on the surviving families, causing We all agree on that, and the sub- sistance. them to lose their homes, their busi- stitute that the gentleman from North ness, their farms and the lives they Where are our priorities? Where is Dakota (Mr. POMEROY) puts forth does our source of fairness? have struggled to build. that, with very generous exemptions. You know, I think that we would all After all, they have created and es- But what the majority is suggesting agree that we believe in equal oppor- tablished these businesses with after- is that somehow we need to do some- tunity. But in this country, unfortu- tax dollars. Taxes have already been thing to help the three-tenths of 1 per- nately, when you see the effect of these paid, and every bit of profit that they cent of the richest people in this coun- tax cuts, that equal opportunity is might make in a year is taxed as well. try at a time when they present budg- really dependent upon the accident of Currently, the repeal of the death tax ets that cut Medicaid, that cut vet- birth. Millions of people in our country is set to expire in 2010; and, Mr. Speak- erans benefits, that cut educational are suffering for the accident of birth, er, I cannot understand how anyone programs, that cut programs for the without health insurance, without any would allow the Federal Government poor. real prospect of getting decent school- to hand a grieving family in 2011 a bill I mean, what are you doing? How can ing. And yet where are we putting our for the death of their loved one. you come here with a straight face and tax cuts? What excuse are we using for Death’s inevitability should not be a say that we need to help the three- burdening the next generation with taxable event. tenths of 1 percent richest people in hundreds of billions of dollars of debt? Mr. Speaker, let us get the Federal this country, when so many people who We are taking hundreds of billions of Government off the backs of grieving are struggling in the middle class, so dollars, borrowing it from the Social families and pass this rule and this bill many struggling to get in the middle Security trust funds, just to give more for the sake of fairness and decency. class, are having such a difficult time? help to the very children who, because Mr. MCGOVERN. Mr. Speaker, I re- This is wrong what you are doing. of the accident of birth, have the very serve the balance of my time. Mr. Speaker, at the end of this de- best education that this country can Mr. HASTINGS of Washington. Mr. bate, I will call for a vote on the pre- allow, have all the contacts imag- Speaker, I am pleased to yield 2 min- vious question; and if the previous inable, are virtually guaranteed eco- utes to the gentleman from Texas (Mr. question is defeated I will offer an nomic success unless they choose to HENSARLING). amendment to the rule. turn their backs on it. Mr. HENSARLING. Mr. Speaker, I My amendment would take the cost What we have done is to turn our rise today as a cosponsor of H.R. 8 and difference between the Republicans’ es- backs on the vast majority of the in support of this rule. I believe, as tate tax cut bill, which cost $290 bil- American people, and to close our con- most Americans do, that it is unac- lion, and the Pomeroy estate tax cut bill, which costs $72 billion, and shift sciences to our children’s generation, ceptable for a grieving family who has that difference to the Social Security who are getting swamped with debt. recently lost a loved one to get a visit trust fund. We are talking about $218 This bill is going to cost $290 billion from the undertaker and the IRS on billion that could go right into the So- added on to a public debt that our chil- the very same day. It is unconscion- cial Security trust fund. dren will never be able to recover from. able, and it ought to be illegal. The Republican leadership and Presi- And it is not necessary. The death tax is really a tax on the dent Bush claim that there is a Social I ask you to consider the fact that it American dream. Americans work hard Security crisis. If they truly believe takes away the stepped-up basis at the all their lives building up farms and that there is a crisis, they should step point of inheritance, insuring that ranches and small businesses, hoping up to the plate and support this effort there will be more small businesses, that maybe one day they can pass this to shore up the Social Security trust more family farms that are going to along to their families. But after years fund now. get hurt—over 70 thousand—by this of payroll taxes and income taxes and The Pomeroy substitute will exempt provision, by this legislation than are sales taxes and property taxes, many 99.7 percent of all estates. 99.7 percent. going to be helped, because they are businesses and farms just do not make With this amendment we can restore going to have to pay capital gains at it. And those that do, the government $218 billion back to the Social Security the point when they actually inherit can step in and take over half of what trust fund and help save Social Secu- calculated by going back to the origi- they worked their entire life to build. rity for future generations. nal cost to the deceased. So it just does Now, Mr. Speaker, I grew up working Mr. Speaker, there are a lot of people not make any sense, other than to peo- on a farm, and I represent a large por- on the other side of the aisle who go ple gripped by this ideological fervor to tion of rural East Texas. East Texas is back home and do town hall meetings cut taxes irregardless of the rationale a great place to live, but sometimes it and tell their constituents that they or the consequence. It is terrible legis- can be a challenging place to make a are for protecting Social Security. lation. It ought to be defeated. good living. Well, this is a vote to show that you Mr. HASTINGS of Washington. Mr. Recently, I spoke to a rancher in my want to protect Social Security. Speaker, I yield 13⁄4 minutes to the gen- district who has worked hard nearly 30 Mr. Speaker, I ask unanimous con- tleman from Georgia (Mr. GINGREY). years building up a cattle ranch oper- sent to insert the text of the amend- Mr. GINGREY. Mr. Speaker, I rise ation. His greatest dream is one day to ment immediately prior to the vote on today as a proud cosponsor of H.R. 8, leave that ranch to his family. But the previous question.

VerDate Aug 04 2004 02:47 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.067 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1919 The SPEAKER pro tempore (Mr. commitments made to the Social Security b 1338 LAHOOD). Is there objection to the re- system or other programs, quest of the gentleman from Massachu- (7) the provisions of this Act provide imme- AFTER RECESS setts? diate and substantial estate tax relief, ex- The recess having expired, the House empting 99.7 percent of all estates from the was called to order by the Speaker pro There was no objection. estate tax, Mr. MCGOVERN. Again, Mr. Speaker, (8) the United States is faced with many tempore (Mr. LAHOOD) at 1 o’clock and I would urge that the people join with other fiscal challenges, including the re- 38 minutes p.m. us on this vote. quirement to meet the commitments made f Mr. Speaker, I have no further re- through the Social Security system, and quests for time, and I yield back the (9) the amounts saved by enacting this Act ANNOUNCEMENT BY THE SPEAKER balance of my time. as compared to permanent repeal— PRO TEMPORE Mr. HASTINGS of Washington. Mr. (A) in the long run on an annual basis would equal the current costs of the oper- The SPEAKER pro tempore. Pursu- Speaker, I yield myself the balance of ations in Iraq, ant to clauses 8 and 9 of rule XX, pro- my time. (B) could be used for improvements in vet- ceedings will now resume on questions Mr. Speaker, this is not the first erans benefits, and previously postponed. time that this body has addressed the (C) would close half of the shortfall faced Votes will be taken in the following issue of repealing or making perma- by the Social Security system. order: nent the death tax. In the 106th Con- (b) TRANSFERS TO SOCIAL SECURITY.—Sec- motion to suspend the rules on H.R. gress, on a bipartisan basis, with 279 tion 201 of the Social Security Act (42 U.S.C. 1463, by the yeas and nays; 401) is amended by adding at the end the fol- votes in favor, this body voted in favor motion to suspend the rules on H.R. of permanently eliminating the death lowing new subsection: ‘‘(o) For purposes of ensuring that amounts 787, by the yeas and nays; tax. And the other body, also on a bi- are available to meet the commitments of ordering the previous question on partisan basis, they, too, voted to per- the Social Security system, the Secretary of House Resolution 202, by the yeas and manently eliminate the death tax, but the Treasury shall, from time to time, trans- nays; President Clinton vetoed that bill. fer from the general fund in the Treasury to adoption of House Resolution 202, if the Federal Old-Age and Survivors Insurance b 1230 ordered. Trust Fund, the savings from the enactment The first electronic vote will be con- In the 107th Congress, again on a bi- of the Certain and Immediate Estate Tax Re- ducted as a 15-minute vote. Remaining partisan basis, the House voted to lief Act of 2005 as compared to the perma- electronic votes will be conducted as 5- eliminate the death tax permanently. nent repeal of the estate tax by the bill H.R. minute votes. Unfortunately, in the reconciliation of 8 (as introduced in the 109th Congress) as fol- trying to put the differences between lows: f ‘‘(1) For fiscal years 2010–2015, the transfers the two Houses together, we put the in each year shall total for each fiscal year JUSTIN W. WILLIAMS UNITED date of the 2011 when that would ex- specified in the following table, the amount STATES ATTORNEY’S BUILDING pire. specified in connection with such fiscal year, In the last Congress, once again the as follows: The SPEAKER pro tempore. The House addressed this issue and voted to Amount pending business is the question of sus- permanently eliminate this death tax. ‘‘Fiscal year: Transferred: pending the rules and passing the bill, The bill that we will address when we 2010 ...... $6.1 billion H.R. 1463. pass this rule is exactly the same as 3011 ...... $35.4 billion The Clerk read the title of the bill. the bill that we passed on a bipartisan 2012 ...... $39.4 billion The SPEAKER pro tempore. The basis in the last Congress. 2013 ...... $42.7 billion question is on the motion offered by 2014 ...... $47.9 billion Mr. Speaker, I urge my colleagues to the gentleman from Pennsylvania (Mr. 2015 ...... $50.5 billion. SHUSTER) that the House suspend the vote for the rule and the underlying ‘‘(2) For fiscal years beginning after Sep- bill. rules and pass the bill, H.R. 1463, on tember 30, 2015, the transfers in each year which the yeas and nays are ordered. The material previously referred to shall total the amount the Secretary of the by Mr. MCGOVERN is as follows: Treasury determines to be the savings from The vote was taken by electronic de- vice, and there were—yeas 427, nays 0, AMENDMENT TO H. RES. 202 OFFERED BY REP. the enactment of such Act as compared to MCGOVERN such permanent repeal of the estate tax.’’. not voting 7, as follows: At the end of the resolution, add the fol- Mr. HASTINGS of Washington. Mr. [Roll No. 98] lowing: Speaker, I yield back the balance of YEAS—427 SEC. 2. Notwithstanding any other provi- my time, and I move the previous ques- Abercrombie Bono Chandler sion of this resolution, the amendment made tion on the resolution. Ackerman Boozman Chocola in order under the first section of this reso- The SPEAKER pro tempore (Mr. Aderholt Boren Clay lution shall be modified by adding at the end Akin Boswell Cleaver the following new section: LAHOOD). The question is on ordering Alexander Boucher Clyburn the previous question. Allen Boustany Coble SECTION ll. TRANSFERS TO SOCIAL SECURITY. The question was taken; and the Andrews Boyd Cole (OK) (a) FINDINGS.—Congress hereby finds that— Baca Bradley (NH) Conaway (1) permanent repeal of the estate tax will Speaker pro tempore announced that Bachus Brady (PA) Conyers cost $290 billion over the 10-year budget win- the ayes appeared to have it. Baker Brady (TX) Cooper dow, Mr. MCGOVERN. Mr. Speaker, on Baldwin Brown (OH) Costa Barrett (SC) Brown (SC) Costello (2) this $290 billion understates the long- that I demand the yeas and nays. Barrow Brown, Corrine Cox term cost of repeal—in the last year of the The yeas and nays were ordered. Bartlett (MD) Brown-Waite, Cramer budget window repeal of the estate tax will The SPEAKER pro tempore. Pursu- Barton (TX) Ginny Crenshaw cost $70 billion, Bass Burgess Crowley (3) in the next decade, the cost of repealing ant to clause 8 of rule XX, further pro- Bean Burton (IN) Cubin the estate tax together with the increased ceedings on this question will be post- Beauprez Butterfield Cuellar interest cost to the United States would be poned. Becerra Buyer Culberson Berkley Calvert Cummings substantially above $1 trillion, Berman Camp Cunningham (4) the enormous cost of repealing the es- f Berry Cannon Davis (AL) tate tax would only benefit the wealthiest 0.3 Biggert Cantor Davis (CA) percent of all families in the United States, Bilirakis Capito Davis (FL) (5) permanent repeal of the estate tax RECESS Bishop (GA) Capps Davis (IL) would result in a substantial reduction in in- The SPEAKER pro tempore. Pursu- Bishop (NY) Capuano Davis (KY) come tax receipts, and could result in lower Bishop (UT) Cardin Davis, Jo Ann ant to clause 12(a) of rule I, the Chair Blackburn Cardoza Davis, Tom receipts in the Social Security Trust Funds declares the House in recess subject to Blumenauer Carnahan Deal (GA) because of that tax avoidance, the call of the Chair. Blunt Carson DeFazio (6) the provisions of this Act would prevent Boehlert Carter DeGette the reduction in Social Security receipts Accordingly (at 12 o’clock and 30 Boehner Case Delahunt that could result from permanent repeal and minutes p.m.), the House stood in re- Bonilla Castle DeLauro it would preserve funds necessary to meet cess, subject to the call of the Chair. Bonner Chabot DeLay

VerDate Aug 04 2004 02:47 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.046 H13PT1 H1920 CONGRESSIONAL RECORD — HOUSE April 13, 2005 Dent Kelly Pascrell Tierney Wasserman Whitfield Ford Linder Rehberg Diaz-Balart, L. Kennedy (MN) Pastor Towns Schultz Wicker Fortenberry Lipinski Reichert Diaz-Balart, M. Kennedy (RI) Paul Turner Waters Wilson (NM) Fossella LoBiondo Renzi Dicks Kildee Payne Udall (CO) Watson Wilson (SC) Foxx Lofgren, Zoe Reynolds Dingell Kilpatrick (MI) Pearce Udall (NM) Watt Wolf Frank (MA) Lowey Rogers (AL) Doggett Kind Pelosi Upton Waxman Woolsey Franks (AZ) Lucas Rogers (KY) Doyle King (IA) Pence Van Hollen Weiner Wu Frelinghuysen Lungren, Daniel Rogers (MI) ´ Drake King (NY) Peterson (MN) Velazquez Weldon (FL) Wynn Gallegly E. Rohrabacher Visclosky Weldon (PA) Dreier Kingston Peterson (PA) Young (AK) Garrett (NJ) Lynch Ros-Lehtinen Walden (OR) Weller Duncan Kirk Petri Young (FL) Gerlach Mack Ross Edwards Kline Pickering Walsh Westmoreland Gibbons Maloney Rothman Ehlers Knollenberg Pitts Wamp Wexler Gilchrest Manzullo Roybal-Allard Marchant Emanuel Kolbe Platts NOT VOTING—7 Gingrey Royce Emerson Kucinich Poe Gohmert Markey Ruppersberger Engel Kuhl (NY) Pombo Baird Frelinghuysen Meeks (NY) Gonzalez Marshall Rush English (PA) LaHood Pomeroy Davis (TN) Gillmor Goode Matheson Ryan (OH) Eshoo Langevin Porter Doolittle Hunter Goodlatte Matsui Ryan (WI) Etheridge Lantos Portman Gordon McCarthy Ryun (KS) Evans Larsen (WA) Price (GA) b 1403 Granger McCaul (TX) Sabo Everett Larson (CT) Price (NC) Graves McCollum (MN) Salazar Farr Latham Pryce (OH) So (two-thirds having voted in favor Green (WI) McCotter Sa´ nchez, Linda Fattah LaTourette Putnam thereof) the rules were suspended and Green, Al McCrery T. Feeney Leach Radanovich the bill was passed. Green, Gene McDermott Sanchez, Loretta Ferguson Lee Rahall The result of the vote was announced Grijalva McGovern Sanders Filner Levin Ramstad Gutierrez McHenry Saxton Fitzpatrick (PA) Lewis (CA) Rangel as above recorded. Gutknecht McHugh Schakowsky Flake Lewis (GA) Regula A motion to reconsider was laid on Hall McIntyre Schiff Foley Lewis (KY) Rehberg the table. Harman McKeon Schwartz (PA) Forbes Linder Reichert Harris McKinney Schwarz (MI) Ford Lipinski Renzi f Hart McMorris Scott (GA) Fortenberry LoBiondo Reyes Hastings (FL) McNulty Scott (VA) Fossella Lofgren, Zoe Reynolds ROBERT T. MATSUI UNITED Hastings (WA) Meehan Sensenbrenner Foxx Lowey Rogers (AL) STATES COURTHOUSE Hayes Meek (FL) Serrano Frank (MA) Lucas Rogers (KY) Hayworth Meeks (NY) Sessions Franks (AZ) Lungren, Daniel Rogers (MI) The SPEAKER pro tempore (Mr. Hefley Melancon Shadegg Gallegly E. Rohrabacher LAHOOD.) The pending business is the Hensarling Menendez Shaw Garrett (NJ) Lynch Ros-Lehtinen question of suspending the rules and Herger Mica Shays Gerlach Mack Ross Herseth Michaud Sherman Gibbons Maloney Rothman passing the bill, H.R. 787. Higgins Millender- Sherwood Gilchrest Manzullo Roybal-Allard The Clerk read the title of the bill. Hinchey McDonald Shimkus Gingrey Marchant Royce The SPEAKER pro tempore. The Hinojosa Miller (FL) Shuster Gohmert Markey Ruppersberger Hobson Miller (MI) Simmons Gonzalez Marshall Rush question is on the motion offered by Hoekstra Miller (NC) Simpson Goode Matheson Ryan (OH) the gentleman from Pennsylvania (Mr. Holden Miller, Gary Skelton Goodlatte Matsui Ryan (WI) SHUSTER) that the House suspend the Holt Miller, George Slaughter Gordon McCarthy Ryun (KS) rules and pass the bill, H.R. 787, on Honda Mollohan Smith (NJ) Granger McCaul (TX) Sabo Hooley Moore (KS) Smith (TX) Graves McCollum (MN) Salazar which the yeas and nays are ordered. Hostettler Moore (WI) Smith (WA) Green (WI) McCotter Sa´ nchez, Linda This will be a 5-minute vote. Hoyer Moran (KS) Snyder Green, Al McCrery T. The vote was taken by electronic de- Hulshof Moran (VA) Sodrel Green, Gene McDermott Sanchez, Loretta vice, and there were—yeas 426, nays 0, Hunter Murphy Solis Grijalva McGovern Sanders Hyde Murtha Souder Gutierrez McHenry Saxton not voting 8, as follows: Inglis (SC) Musgrave Spratt Gutknecht McHugh Schakowsky [Roll No. 99] Inslee Myrick Stark Hall McIntyre Schiff Israel Nadler Stearns Harman McKeon Schwartz (PA) YEAS—426 Issa Napolitano Strickland Harris McKinney Schwarz (MI) Abercrombie Brady (TX) Cunningham Istook Neal (MA) Stupak Hart McMorris Scott (GA) Ackerman Brown (OH) Davis (AL) Jackson (IL) Neugebauer Sullivan Hastings (FL) McNulty Scott (VA) Aderholt Brown (SC) Davis (CA) Jackson-Lee Ney Sweeney Hastings (WA) Meehan Sensenbrenner Akin Brown, Corrine Davis (FL) (TX) Northup Tancredo Hayes Meek (FL) Serrano Alexander Brown-Waite, Davis (IL) Jefferson Norwood Tanner Hayworth Melancon Sessions Allen Ginny Davis (KY) Jenkins Nunes Tauscher Hefley Menendez Shadegg Andrews Burgess Davis (TN) Jindal Nussle Taylor (MS) Hensarling Mica Shaw Baca Burton (IN) Davis, Jo Ann Johnson (CT) Oberstar Taylor (NC) Herger Michaud Shays Bachus Butterfield Davis, Tom Johnson (IL) Obey Terry Herseth Millender- Sherman Baker Buyer DeFazio Johnson, E. B. Olver Thomas Higgins McDonald Sherwood Baldwin Camp DeGette Johnson, Sam Ortiz Thompson (CA) Hinchey Miller (FL) Shimkus Barrett (SC) Cannon Delahunt Jones (NC) Osborne Thompson (MS) Hinojosa Miller (MI) Shuster Barrow Cantor DeLauro Jones (OH) Otter Thornberry Hobson Miller (NC) Simmons Bartlett (MD) Capito DeLay Kanjorski Owens Tiahrt Hoekstra Miller, Gary Simpson Barton (TX) Capps Dent Kaptur Oxley Tiberi Holden Miller, George Skelton Bass Capuano Diaz-Balart, L. Kelly Pallone Tierney Holt Mollohan Slaughter Bean Cardin Diaz-Balart, M. Kennedy (MN) Pascrell Towns Honda Moore (KS) Smith (NJ) Beauprez Cardoza Dicks Kennedy (RI) Pastor Turner Hooley Moore (WI) Smith (TX) Becerra Carnahan Dingell Kildee Paul Udall (CO) Hostettler Moran (KS) Smith (WA) Berkley Carson Doggett Kilpatrick (MI) Payne Udall (NM) Hoyer Moran (VA) Snyder Berman Carter Doyle Kind Pearce Upton Hulshof Murphy Sodrel Berry Case Drake King (IA) Pelosi Van Hollen Hyde Murtha Solis Biggert Castle Dreier King (NY) Pence Vela´ zquez Inglis (SC) Musgrave Souder Bilirakis Chabot Duncan Kingston Peterson (MN) Visclosky Inslee Myrick Spratt Bishop (GA) Chandler Edwards Kirk Peterson (PA) Walden (OR) Israel Nadler Stark Bishop (NY) Clay Ehlers Kline Petri Walsh Issa Napolitano Stearns Bishop (UT) Cleaver Emanuel Knollenberg Pickering Wamp Istook Neal (MA) Strickland Blackburn Clyburn Emerson Kolbe Pitts Wasserman Jackson (IL) Neugebauer Stupak Blumenauer Coble Engel Kucinich Platts Schultz Jackson-Lee Ney Sullivan Blunt Cole (OK) English (PA) Kuhl (NY) Poe Waters (TX) Northup Sweeney Boehlert Conaway Eshoo LaHood Pombo Watson Jefferson Norwood Tancredo Boehner Conyers Etheridge Langevin Pomeroy Watt Jenkins Nunes Tanner Bonilla Cooper Evans Lantos Porter Waxman Jindal Nussle Tauscher Bonner Costa Everett Larsen (WA) Portman Weiner Johnson (CT) Oberstar Taylor (MS) Bono Costello Farr Larson (CT) Price (GA) Weldon (FL) Johnson (IL) Obey Taylor (NC) Boozman Cox Fattah Latham Price (NC) Weldon (PA) Johnson, E. B. Olver Terry Boren Cramer Feeney LaTourette Pryce (OH) Weller Johnson, Sam Ortiz Thomas Boswell Crenshaw Ferguson Leach Putnam Westmoreland Jones (NC) Osborne Thompson (CA) Boucher Crowley Filner Lee Radanovich Wexler Jones (OH) Otter Thompson (MS) Boustany Cubin Fitzpatrick (PA) Levin Rahall Whitfield Kanjorski Owens Thornberry Boyd Cuellar Flake Lewis (CA) Ramstad Wicker Kaptur Oxley Tiahrt Bradley (NH) Culberson Foley Lewis (GA) Rangel Wilson (NM) Keller Pallone Tiberi Brady (PA) Cummings Forbes Lewis (KY) Regula Wilson (SC)

VerDate Aug 04 2004 02:14 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A13AP7.014 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1921 Wolf Wu Young (AK) Leach Pence Shays Thompson (MS) Visclosky Weiner Woolsey Wynn Young (FL) Lewis (CA) Peterson (PA) Sherwood Tierney Wasserman Wexler Lewis (KY) Petri Shimkus Towns Schultz Woolsey NOT VOTING—8 Linder Pickering Shuster Udall (CO) Waters Wu Baird Deal (GA) Keller LoBiondo Pitts Simmons Udall (NM) Watson Wynn Calvert Doolittle Reyes Lucas Platts Simpson Van Hollen Watt Chocola Gillmor Lungren, Daniel Poe Smith (NJ) Vela´ zquez Waxman E. Pombo Smith (TX) NOT VOTING—2 b 1411 Mack Porter Sodrel Manzullo Portman Souder Baird Gillmor So (two-thirds having voted in favor Marchant Price (GA) Stearns thereof) the rules were suspended and McCaul (TX) Pryce (OH) Sullivan b 1418 McCotter Putnam Sweeney the bill was passed. McCrery Radanovich So the previous question was ordered. The result of the vote was announced Tancredo The result of the vote was announced McHenry Rahall Taylor (NC) McHugh Ramstad as above recorded. Terry as above recorded. McKeon Regula A motion to reconsider was laid on Thomas The SPEAKER pro tempore (Mr. McMorris Rehberg Thornberry the table. Mica Reichert LAHOOD). The question is on the resolu- Tiahrt Miller (FL) Renzi tion. f Tiberi Miller (MI) Reynolds The resolution was agreed to. Miller, Gary Rogers (AL) Turner PERSONAL EXPLANATION Moran (KS) Rogers (KY) Upton A motion to reconsider was laid on Murphy Rogers (MI) Walden (OR) the table. Mr. DOOLITTLE. Mr. Speaker, on rollcall Walsh Musgrave Rohrabacher f Nos. 98–99 I was unavoidably detained. Had Myrick Ros-Lehtinen Wamp I been present, I would have voted ‘‘yea’’ on Neugebauer Royce Weldon (FL) REMOVAL OF NAME OF MEMBER Weldon (PA) both. Ney Rush AS COSPONSOR OF H.R. 525 Northup Ryan (WI) Weller f Norwood Ryun (KS) Westmoreland Mr. SAM JOHNSON of Texas. Mr. Nunes Saxton Whitfield Speaker, I ask unanimous consent to PROVIDING FOR CONSIDERATION Nussle Schwarz (MI) Wicker Osborne Scott (GA) Wilson (NM) have the name of the gentleman from OF H.R. 8, DEATH TAX REPEAL Otter Sensenbrenner Wilson (SC) New York (Mr. TOWNS) removed as a PERMANENCY ACT OF 2005 Oxley Sessions Wolf cosponsor of H.R. 525. Paul Shadegg Young (AK) The SPEAKER pro tempore. The Pearce Shaw Young (FL) The SPEAKER pro tempore. Is there pending business is the vote on order- objection to the request of the gen- ing the previous question on House NAYS—195 tleman from Texas? Resolution 202, on which the yeas and Abercrombie Fattah Melancon There was no objection. nays were ordered. Ackerman Filner Menendez f The Clerk read the title of the resolu- Allen Ford Michaud Andrews Frank (MA) Millender- DEATH TAX REPEAL tion. Baca Gonzalez McDonald PERMANENCY ACT OF 2005 The SPEAKER pro tempore. The Baldwin Green, Al Miller (NC) question is on ordering the previous Barrow Green, Gene Miller, George Mr. HULSHOF. Mr. Speaker, pursu- Bean Grijalva Mollohan ant to House Resolution 202, I call up question. Becerra Gutierrez Moore (KS) This will be a 5-minute vote. Berkley Hastings (FL) Moore (WI) the bill (H.R. 8) to make the repeal of The vote was taken by electronic de- Berman Herseth Moran (VA) the estate tax permanent, and ask for vice, and there were—yeas 237, nays Berry Higgins Murtha its immediate consideration. Bishop (NY) Hinchey Nadler 195, not voting 2, as follows: Blumenauer Hinojosa Napolitano The Clerk read the title of the bill. [Roll No. 100] Boren Holden Neal (MA) The SPEAKER pro tempore. Pursu- Boswell Holt Oberstar YEAS—237 ant to House Resolution 202, the bill is Boucher Honda Obey considered read. Aderholt Cox Granger Boyd Hooley Olver Akin Cramer Graves Brady (PA) Hoyer Ortiz The text of H.R. 8 is as follows: Alexander Crenshaw Green (WI) Brown (OH) Inslee Owens H.R. 8 Bachus Cubin Gutknecht Brown, Corrine Israel Pallone Baker Culberson Hall Butterfield Jackson (IL) Pascrell Be it enacted by the Senate and House of Rep- Barrett (SC) Cunningham Harman Capps Jackson-Lee Pastor resentatives of the United States of America in Bartlett (MD) Davis (KY) Harris Capuano (TX) Payne Congress assembled, Barton (TX) Davis, Jo Ann Hart Cardin Jefferson Pelosi SECTION 1. SHORT TITLE. Bass Davis, Tom Hastings (WA) Cardoza Johnson, E. B. Peterson (MN) This Act may be cited as the ‘‘Death Tax Beauprez Deal (GA) Hayes Carnahan Jones (OH) Pomeroy Biggert DeLay Hayworth Carson Kanjorski Price (NC) Repeal Permanency Act of 2005’’. Bilirakis Dent Hefley Case Kaptur Rangel SEC. 2. ESTATE TAX REPEAL MADE PERMANENT. Bishop (GA) Diaz-Balart, L. Hensarling Chandler Kennedy (RI) Reyes Section 901 of the Economic Growth and Bishop (UT) Diaz-Balart, M. Herger Clay Kildee Ross Tax Relief Reconciliation Act of 2001 shall Blackburn Doolittle Hobson Cleaver Kilpatrick (MI) Rothman not apply to title V of such Act. Blunt Drake Hoekstra Clyburn Kind Roybal-Allard Boehlert Dreier Hostettler Conyers Kucinich Ruppersberger The SPEAKER pro tempore. After 1 Boehner Duncan Hulshof Cooper Langevin Ryan (OH) hour of debate on the bill, it shall be in Bonilla Ehlers Hunter Costa Lantos Sabo Bonner Emerson Hyde Costello Larsen (WA) Salazar order to consider the amendment in Bono English (PA) Inglis (SC) Crowley Larson (CT) Sa´ nchez, Linda the nature of a substitute printed in Boozman Everett Issa Cuellar Lee T. House Report 109–35, if offered by the Boustany Feeney Istook Cummings Levin Sanchez, Loretta gentleman from North Dakota (Mr. Bradley (NH) Ferguson Jenkins Davis (AL) Lewis (GA) Sanders Brady (TX) Fitzpatrick (PA) Jindal Davis (CA) Lipinski Schakowsky POMEROY) or his designee, which shall Brown (SC) Flake Johnson (CT) Davis (FL) Lofgren, Zoe Schiff be considered read, shall be debatable Brown-Waite, Foley Johnson (IL) Davis (IL) Lowey Schwartz (PA) for 1 hour, equally divided and con- Ginny Forbes Johnson, Sam Davis (TN) Lynch Scott (VA) Burgess Fortenberry Jones (NC) DeFazio Maloney Serrano trolled by the proponent and an oppo- Burton (IN) Fossella Keller DeGette Markey Sherman nent. Buyer Foxx Kelly Delahunt Marshall Skelton The gentleman from Missouri (Mr. Calvert Franks (AZ) Kennedy (MN) DeLauro Matheson Slaughter HULSHOF) and the gentleman from Cali- Camp Frelinghuysen King (IA) Dicks Matsui Smith (WA) Cannon Gallegly King (NY) Dingell McCarthy Snyder fornia (Mr. STARK) each will control 30 Cantor Garrett (NJ) Kingston Doggett McCollum (MN) Solis minutes of debate on the bill. Capito Gerlach Kirk Doyle McDermott Spratt The Chair recognizes the gentleman Carter Gibbons Kline Edwards McGovern Stark Castle Gilchrest Knollenberg Emanuel McIntyre Strickland from Missouri (Mr. HULSHOF). Chabot Gingrey Kolbe Engel McKinney Stupak GENERAL LEAVE Chocola Gohmert Kuhl (NY) Eshoo McNulty Tanner Mr. HULSHOF. Mr. Speaker, I ask Coble Goode LaHood Etheridge Meehan Tauscher Cole (OK) Goodlatte Latham Evans Meek (FL) Taylor (MS) unanimous consent that all Members Conaway Gordon LaTourette Farr Meeks (NY) Thompson (CA) may have 5 legislative days within

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A13AP7.021 H13PT1 H1922 CONGRESSIONAL RECORD — HOUSE April 13, 2005 which to revise and extend their re- grave in 2011, and it will revert to its cut programs for the environment, fail marks and include extraneous material form prior to 2001. Now, this quirk in to provide the promised benefits to our on H.R. 8. the law can be directly attributed to 140,000 servicemen in Iraq, turn their The SPEAKER pro tempore. Is there the Senate’s Byrd Rule, which applies back on all that is American to give a objection to the request of the gen- to the consideration of reconciliation few dollars to the very richest of Amer- tleman from Missouri? bills. icans. There was no objection. As a matter of basic fairness, we Now, not all Republicans are that Mr. HULSHOF. Mr. Speaker, I yield must permanently repeal the death way. I find that many of the Repub- myself 5 minutes. tax. The death of a family member licans who have actually worked for a Mr. Speaker, I appreciate the fact quite simply should not be a taxable living at some point in their lives, and that we are here today poised to pass event. And if it was good policy when not just either inherited money or been H.R. 8, the Death Tax Repeal Perma- we enacted it in 2001, it remains a good at the trough of the government, actu- nency Act of 2005. idea today. ally oppose this bill. Warren Buffett, On behalf of the lead Democratic Let me touch briefly on some policy the Gates family, people who have done sponsor, my colleague, the gentleman rationales for finishing this unfinished quite well think that as I do it is a stu- from Alabama (Mr. CRAMER), as well as work. The death tax is fundamentally pid bill and will do nothing for our free the over 200 bipartisan Members who unfair. By its very structure, the tax enterprise system. It will stifle cre- have co-sponsored this bill, I am punishes thrift, savings, and hard ativity and leave us with a system pleased that we are poised to pass in work. Conversely, the tax forces tax- where merit and ability mean nothing this body this commonsense legisla- payers to engage in a host of economi- and heredity means everything. tion. cally inefficient activities to avoid the $300 billion over the next 10 years and I would like to talk about a couple of very punitive nature of the tax. Not perhaps another $700 billion over the constituents, particularly a con- only does this have a very real effect decade following that are going to be stituent named Howard Effert who is a on taxpayers and their behavior but a frittered away to a very small number resident of Columbia, Missouri, who in negative impact on the economy. of Americans. With that we could end 1965 began a lumber yard business With a tax like the death tax, a fam- this talk about privatizing Social Se- there in Columbia. He contributed $100, ily business or farm has no choice but curity that President Bush is leading, which was a very modest contribution, to divert these precious resources, as in and we could start shoring up the trust as he had three young children to pro- the case of the Effert family, to plan fi- fund. We could get rid of the doughnut vide for with a modest wage. nancially for the financial impact for hole in the poorly constructed Medi- He had the idea and a desire for a the tax: money that could be used to care drug benefit. We could fulfill the new venture even though many within expand the business, to purchase a promise that the President and the Re- the community felt this venture would forklift, to bring another person on the publicans have ignored for funding No be unsuccessful, but yet his partners payroll, whatever is in the best inter- Child Left Behind. We could eliminate helped him provide the financial assist- est of that business. Instead, this the proposed cuts to Medicaid which ance and of course some valuable men- money is diverted in anticipation of will hurt the poorest children in this toring to help him open the doors to this very punitive tax. country. And while we may help a few this lumber business. Now, supporters of retaining the very rich children with an inheritance, Fast forward now 40 years. His two death tax will claim that perhaps redis- we will cut hundreds of thousands of sons, Brad and Greg, are running the tribution of income promotes economic children’s Medicaid benefits. That day-to-day operations of the business. fairness and social responsibility. We could be prevented. Of course, they want this family busi- will get to have that debate. I respect- We could cover a large portion of the ness that has been in their family since fully disagree. Instead of rewarding 45 million people who are without its modest beginnings in 1965 to be able savings and investment, this tax actu- health insurance, I might add 8 million to be passed on pursuant to the Amer- ally rewards those who spend lavishly more than when President Bush took ican Dream, that is, to create a legacy, and leave no ongoing business interest office. But Republicans obviously do to help your children be better off than or assets to the next generation. not care about Social Security or you were. I am mindful of the bumper sticker Medicare or the uninsured or education Yet the Effert family today, Mr. that I saw recently traveling Mis- or the children. They only care about Speaker, has to write a check for $1,000 souri’s highways on a big recreational tax cuts for the very richest among us. a week, $52,036 to be precise, to pur- vehicle that says ‘‘I am spending my Now, if you eliminate this, you are chase a term life insurance policy, the children’s inheritance.’’ only going to help probably less than a proceeds of which will be to pay the If you wanted to give some good es- couple thousand people a year, and Federal Government on that inevitable tate tax advice to someone that has they will arguably have by 2009 estates day that Howard Effert passes from put together some assets to pass along, of over $7 million. Until now there has this world to the next. it would be simply to consume it. Yet not been a family farmer or a small In 2001 we passed historic legislation as we talk about some sort of tax re- business who has been unable to pass that let all income tax payers keep a form and perhaps a consumption tax, the business on to the next generation. little bit more of what they earned, this tax actually focuses on non-con- I might add to my friend from Mis- and this historic legislation included a sumption and on thrift and savings. souri of his people in the lumber busi- repeal of the Federal death tax which For that and for a variety of reasons, ness, if their children cannot get the was a top tax priority for a lot of small we will have the opportunity, I hope, in first $7 million handed to them and business and family farm groups. Thus a good debate, in a civil discourse. I then get a 50 percent down payment on under current law, the death tax is think we should permanently repeal the balance of the business and be gradually phased out between now and the death tax. We should enact H.R. 8. given 10 years at less than 6 percent to 2010. This is accomplished by increas- Mr. Speaker, I reserve the balance of pay off the balance of that, they are ing the exemption from the tax. Cur- my time. probably too dumb and would lose the rently it is $1.5 million shielded from Mr. STARK. Mr. Speaker, I yield my- business in no time at all anyway. this very confiscatory tax, and at the self such time as I may consume. same time we chip away at that top Mr. Speaker, I guess it becomes my b 1430 rate, which was as high as 55 percent, job to point out that the Republicans So what the current law allows is so and in fact, in a few isolated instances are at it again. Another huge tax cut or generous, and there have been abso- as high as 60 percent tax. We now chip break for the less than 1 percent of the lutely no instances, not one, of a fam- that away, and it is currently 47 per- richest Americans while they turn ily farmer or family business being cent. their back and cut Medicaid, refuse to lost, decimated or put on the auction Unfortunately, as we know, the death recognize that Social Security is not in block because of the estate tax. tax does not stay dead and buried. As crisis but needs some adjustment, cut In fact, 99.7 percent of all estates things now stand, it will rise from the Head Start, cut programs for housing, would be exempt from the estate tax if

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.057 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1923 we just extend the tax as it applies in neys, accountants and financial experts Mr. Speaker, I yield 1 minute to the 2009. They cannot show that it harms to assist in estate planning. These dol- gentleman from Florida (Mr. SHAW). people. They can only show that gives lars could otherwise be used to mod- Mr. SHAW. Mr. Speaker, I thank the billions, $300 to almost $1 trillion over ernize equipment, expand their busi- gentleman for yielding me this time. 20 years, to the very smallest, most se- ness or farms and create new jobs. Listening to the debate that we have lect group of rich people in this coun- Mr. Speaker, the death tax is, with- listened to from the other side, the sole try. out question, one of the most destruc- argument seems to be that it only ap- It is indeed a follow on of the Repub- tive, counterproductive and unfair pro- plies to a small amount of our popu- lican mantra, give money to the rich, visions of our Tax Code. Let us bury lation, the wealthiest among us. We give it to them in huge amounts and the death tax once and for all. Vote know that, but I have yet to hear any- cut back on education, cut back on ‘‘aye’’ on this legislation. body to justify, to give us a good rea- health care, do not help the environ- Mr. STARK. Mr. Speaker, I yield 3 son to say this is a good and fair tax ment, cut back on support for our minutes to the gentleman from Michi- and here is why. troops and cut back on improving gan (Mr. LEVIN). It seems to be that the argument is America’s infrastructure, all in the (Mr. LEVIN asked and was given per- being centered around the punitive name of helping the few rich who may mission to revise and extend his re- basis. Let us go after the rich guys. Let be contributors to the Republican marks.) us go after them and do something. Mr. LEVIN. Mr. Speaker, in a few party. I am in favor of the Hulshof bill to I urge that my colleagues vote ‘‘no’’ words, this is fiscal madness. It is a repeal the death tax simply because it on the final bill. I urge that my col- death wish on the part of some of my is the right thing to do. The death tax colleagues about fiscal responsibility. leagues vote for the gentleman from is wrong. To go in and tax almost half What my colleagues are burying is fis- North Dakota’s (Mr. POMEROY) who of someone’s estate because they have cal responsibility. accumulated a lot and to make death will offer a responsible substitute, The national debt is now $4.6 trillion, an incident of taxation is wrong. It is a which will at least keep the $300 billion $6.3 if we add in Social Security funds. wrong tax, and I cannot imagine any- from being squandered, and it will pre- As mentioned, this bill would add $290 body getting up and justifying it, other vent this bill, which does nothing to billion in debt, and who would benefit? than the fact it is a revenue stream to help hardworking Americans or small The very, very wealthy. businesses, and I hope we can bring One-third of the estate tax is paid by the Federal Government, but it is the some sanity back to the financial code the wealthiest one of one thousand wrong one. and to the economic future of this Americans. I think that is one-tenth of Mr. STARK. Mr. Speaker, I yield my- country by not passing this bill. 1 percent. Not farmers or small busi- self enough time to remind the histo- Mr. Speaker, I reserve the balance of ness people. That is the lamest argu- rians here that it was the Republicans my time. ment brought to this floor in recent in the 1800s who established the origi- Mr. HULSHOF. Mr. Speaker, a lot of memory. nal inheritance tax to prevent a nobil- individuals have worked on H.R. 8, and The Pomeroy amendment would to- ity class from forming, an idle nobility I yield 2 minutes to the gentleman tally take care of this, and what my class, in this country. from California (Mr. HERGER), one of majority colleagues’ bill does, and it is Mr. Speaker, I am happy to yield 4 those individuals. interesting, they do not come here and minutes to the gentleman from Wash- Mr. HERGER. Mr. Speaker, I thank say so, they would increase the taxes ington (Mr. MCDERMOTT). the gentleman very much for the time. for thousands and thousands of Ameri- (Mr. MCDERMOTT asked and was Mr. Speaker, I rise in strong support cans. These citizens would have to pay given permission to revise and extend of legislation to bury the destructive capital gains tax when they do not now his remarks.) death tax once and for all; and I might do so. Why do my colleagues not come Mr. MCDERMOTT. Mr. Speaker, my mention that my personal experiences, here and say this is a tax increase for colleague from Florida, I wish he would even with my own family and others, thousands of Americans? They do not stay, because we are here today be- has been just the opposite of the gen- say that. cause the Republican majority would tleman who just spoke before. What this is also, everybody should like to repeal the estate tax, but they Nearly everywhere I go throughout understand, is a further raid on Social have forgotten history. my largely rural, agricultural district Security funds. My colleagues have I am sure my colleague was not here, in northern California, I hear from come here, some of them on the major- but I would like to remind him that it businessmen and businesswomen and ity side, talking about Social Security was a Republican, President Roosevelt, many farmers and ranchers who have and how we need to address the short- Teddy Roosevelt, who strongly sup- had to liquidate and sell a family busi- fall. For some of these same col- ported an estate tax in the first place. ness or farm just to pay the Federal es- leagues, private accounts do not even Here is what he said. There is no argu- tate tax. This is simply wrong. touch that, and then they come here ment for this. Four years ago, I joined with Presi- and increase the shortfall. ‘‘The man of great wealth,’’ Teddy dent Bush and a majority of Represent- This is true fiscal madness. My col- said, ‘‘owes a particular obligation to atives and Senators in an effort to leagues will indulge in it again I guess, the State because he derives special ad- enact into law historic tax relief legis- and I hope, once again, the Senate will vantages from the mere existence of lation, including repeal of the death come to our rescue. government.’’ Wow, nicely said, and a tax. Unfortunately, due to outdated Mr. HULSHOF. Mr. Speaker, I yield Republican, too. Senate budget rules, the 2001 tax law myself 30 seconds. That proves two things, that Repub- will sunset on December 31, 2010. This I am sure the gentleman from Michi- licans can sometimes speak eloquently, has created an incredibly unfair and ar- gan misspoke, and I am certain it was and sometimes they can even do some- bitrary situation. inadvertent. The bill, H.R. 8, actually thing that is right. Consider that the heirs of those who does allow for a step up in basis of $3 Though Republicans want to undo all pass away in 2010 will face no death tax million for a surviving spouse and an- the good for the sake of greed, please, whatsoever, while those whose families other $1.3 million for surviving heirs. America, do not be phonied up by this are unfortunate enough to pass away in If the intent of the legislation, which rhetoric that we hear on this bill. They 2011 or thereafter will face tax rates of it is, is to help family businesses be will pitch some gibberish about how up to 55 percent on their assets, forcing passed from one generation to the next they are helping Americans. That is many of them to have to sell. Certainly and the surviving heirs choose not to nonsense. no one can reasonably argue that this farm or continue the family business, We just came from the Committee on is rational tax policy. then they are the ones making the tax- Ways and Means. The reason this place Furthermore, the death tax extracts able decision to dispose of assets that was in recess is because we were over a high cost from American taxpayers. would be subject to a 15 percent capital there giving out $8 billion to oil compa- Studies have found that family busi- gains rate but certainly not the 45 per- nies. Those poor people, whose profits nesses spend up to $125,000 on attor- cent estate tax. have quadrupled in the last 2 years,

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.059 H13PT1 H1924 CONGRESSIONAL RECORD — HOUSE April 13, 2005 that is what we did a little while ago. b 1445 first, the cost. We talk about being fis- Now we come over here, and we are By not repealing the tax perma- cally responsible, we talk about trying going to give more money away. Does nently, we created an incredible situa- to balance the Federal budget and say that seem like it benefits real people? tion for those people who would have we have a problem with Social Secu- This is not about real people. This is an estate that was not taxable at all in rity as far as long-term solvency of 75 about very, very, very rich people, and 2010, but is highly taxable in 2011. The years; but let me point out that the that is about as plainspoken as Teddy alternatives that the other side of the revenue loss of this bill equals the 75- Roosevelt would have said it. aisle have discovered during the hard year amount to provide long-term sol- Only 2 percent, at the most, pay any work to achieve the goal of this bill are vency for Social Security. estate tax whatsoever. Three-quarters certainly a long way from where they What we do here is make choices. If of the money that comes in comes from were a few years ago. In fact, we have we have a choice to provide for the people with estates over $2.5 million. all heard about the impact on small long-term strength of Social Security If we repeal this, the rich get richer businesses and family farms, but it or the passage of this bill, my vote is and America’s deficit gets deeper and bears repeating as we consider this leg- for the long-term solvency of Social redder. We create an oligarchic class in Security. this country from whom the money can islation today. More than 70 percent of family busi- The second issue I would like to never be taxed. If they can manipulate nesses do not survive the second gen- point out is the predictability of the it around while they are alive, they can eration, and 87 percent do not make it current estate tax situation. It is not never have to pay a penny. to the third generation because of the very predictable, and the passage of The real losers in this are not only this bill will do nothing to assure peo- the American people. It is the Amer- estate tax. The idea that you give your son $2 million overlooks the vast num- ple when they do their estate plans ican universities, the American that they can rely upon the schedule churches, all those people who get bers of family members in this country who actually are working side by side Congress has passed. money contributed by rich people be- We have a chance with the Pomeroy cause they do not want to pay the in- with their son or daughter. It is hard to tell who made the money and who did substitute to bring certainty to estate heritance tax. taxes with a reasonable exemption of Now my colleagues have taken away not, but on the day that the original $3.5 million, $7 million per couple, and the encouragement. Why should they member of the family passes away, sud- reducing permanently the tax by 10 give anything away? Oh, well, because denly the side-by-side partner has a big percent. That is what people want they have big hearts. They have big problem. when they do their estate planning. hearts we are told. Really? Then why Family farms and businesses are They want predictability. are we out here with a bill like this among the hardest hit. In fact, $2 mil- So if Members are fiscal conserv- which gives them the ability to keep lion is quite a bit below the alternative atives and are concerned about the cost every single dime? that the gentleman will vote for and Now if you can give your kid $2 mil- suggests that amount somehow would of this bill on our children and seniors lion and say, now, Johnny, here is two be okay to give in his vote, but not and if Members want predictability in million bucks, I think that ought to okay to give in his speech. Add in the the estate tax, this legislation does not kind of get you a start in the world. value of farm equipment and business give it to us. This legislation should be Does that not seem like enough? Well, inventory, suddenly there is a lot more rejected, and we should pass a bill that to the Republicans, there is never money than you thought you could ac- provides certainty with the estate tax. enough; take as much as you can from cumulate. We will have that opportunity with the everybody and keep it. When we started this debate a few fiscally responsible substitute so we Ronald Reagan put the sign of the years ago, I saw some statistics that can deal with the budget problems of cross on it. He said, are you better off the highest percentage of estates pay- this country. today than you were 4 years ago? Never ing at that time were estates that were We are borrowing way too much does anyone say on my colleagues’ only slightly above the estate tax money for our children and grand- side, are we better off. amount, but I am sure none of the prin- children. They deserve better than We are in debt to the world. We bor- cipals involved had any idea that they that. They deserve a Congress that will rowed from the Japanese last year our had accumulated over their lifetime an be fiscally responsible, and the passage entire deficit, more than $400 billion, estate that would be taxed as a taxable of this bill just does not do it. I urge and the President wanders around the estate. my colleagues to reject this legisla- country saying, well, that is just paper. On Friday of this week, I am going to tion. Those things in the Social Security visit with Mark and Kim Larson who Mr. HULSHOF. Mr. Speaker, I yield trust fund, that is just paper. Do not own a family farm right outside of Jop- myself such time as I may consume. pay any attention to that. lin in my district. Mark tells me he Mr. Speaker, among the many groups If the Japanese stop buying dollars and his family spend a lot of money, that support H.R. 8, including the Na- and they start buying Euros, and the money which would otherwise go into tional Federation of Independent Busi- Chinese start buying Euros and the continuing to grow their family busi- ness, which is the voice of small busi- Middle East buys Euros, where do my ness, simply trying to comply with a ness, there are many minority owners colleagues think we are going to bor- Tax Code that says if somebody dies in of small businesses that also support row money and what kind of interest 2010, your family deals with one set of complete repeal. rate are we going to pay? This is a bad circumstances; but if they die the next Mr. Speaker, I yield 2 minutes to the bill, it is bad policy, and it is bad eth- year, you are impacted by the return of gentleman from Georgia (Mr. BISHOP). ics. the death tax. Mr. BISHOP of Georgia. Mr. Speaker, Mr. HULSHOF. Mr. Speaker, I am Medium-to-large farms like the I rise today to recognize the hard- pleased to yield 3 minutes to the gen- Larsons’ produce more than 80 percent working people of America who play by tleman from the great State of Mis- of agricultural products in America. the rules and have paid their fair share. souri (Mr. BLUNT) a colleague of mine, Let us put some certainty in the future Decent, law-abiding, tax-paying Ameri- the majority whip. for those kinds of families. Let us do cans are the backbone of this country, Mr. BLUNT. Mr. Speaker, I thank my the right thing and abolish this tax and they are the salt of the Earth. good friend, the gentleman from Mis- that penalizes savings and hard work. They are the farmers of southwest souri (Mr. HULSHOF), for yielding to me Mr. STARK. Mr. Speaker, I yield 2 Georgia and the family business owners and for the great work he has done on minutes to the gentleman from Mary- who provide the jobs that keep small this issue from the day we came to land (Mr. CARDIN). rural communities alive and flour- Congress 8 years ago. I rise in support Mr. CARDIN. Mr. Speaker, I thank ishing. of the bill that would repeal this tax. the gentleman for yielding me this All across this land are Americans The House and Senate are already time. who have paid their taxes all their both on record for repealing the tax. Mr. Speaker, I hope we will reject lives, only to face a final taxing event We just did not repeal it permanently. this bill. Let me give two reasons why: at death. They paid their taxes during

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.063 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1925 their lifetimes and should not be going to take care of the family farm- The National Federation of Inde- charged again when they die. er, they cannot find a farmer that is pendent Businesses has estimated that The death tax represents all that is not taken care of in the legislation the death tax will compel one-third of unfair and unjust about the tax struc- that is about to be proposed here. This small business owners today to sell ture in America because it undermines legislation that they are proposing some or all of their business. The Cen- the life work and the life savings of today cuts against the grain of what ter For the Study of Taxation found Americans who want only to pass on to Thomas Payne reminded us in ‘‘Com- that 70 percent of all family businesses their children and grandchildren the mon Sense.’’ He was concerned about cannot survive the second generation fruits of their labor and the realization hereditary power, the idea that the and 87 percent do not make the third. of their American Dream. same people would control the wealth All of this wasted money, energy and In my State of Georgia, farmers, of America with the same families that over 100,000 jobs lost per year and for many of whom are widow women, are would get to go to the same schools so what, a tax that the Joint Economic faced with losing their family farms the same families would have the same Committee says costs just as much to because of this death tax. Employees of doctors and lawyers and accountants collect as it generates in revenue. family businesses, many of whom are so the rest of America might not have Mr. Speaker, the opponents of H.R. 8 minorities, are at risk of losing their a chance to participate. Whatever hap- cannot provide any justification for the jobs because their employers are forced pened to the Republican Party in continued existence of this useless to pay the unfair and exorbitant death America. relic. It hurts the people it is intended taxes levied on them. Funeral homes, Teddy Roosevelt said this was about to help, and it reduces stock in our weekly newspaper publishers, radio thrift and hard work and honesty; they economy by $497 billion a year. station owners, local dry cleaners, all were blessed to be born in this country. I urge my colleagues to drive the are affected all across the demographic That is what patriotism is. When we final nail in this coffin so 6 years from spectrum. look at who enjoys the fruits of this now Americans will not wake up to Mr. Speaker, although reasonable money, the smallest number of Amer- find that, like a vampire, this unfair minds may differ on this issue, I be- ican people, again the top 1 percent in tax has arisen from the dead to once lieve that the death tax is politically America. Inherited wealth, that is not again suck the blood from a lifetime of misguided, morally unjustifiable, and what America is based upon. We do not hard work and sacrifice. downright un-American. Let us vote live in an aristocracy. Look what hap- Mr. STARK. Mr. Speaker, I yield 4 today to finally eliminate the death pened to Europe and the way they lag minutes to the gentleman from Ten- tax and return to the American people behind as they do. There is no sense in nessee (Mr. TANNER). and their progeny the hard-earned the House of Lords that you can ad- (Mr. TANNER asked and was given fruits of their labor. vance yourself. Here in this House, the permission to revise and extend his re- Mr. STARK. Mr. Speaker, I yield 3 people’s House, every walk of life is marks.) minutes to the gentleman from Massa- represented. Why do we just not estab- Mr. TANNER. Mr. Speaker, in 1997, chusetts (Mr. NEAL). lish a House of Lords after we get rid of Jennifer Dunn, a Republican from (Mr. NEAL of Massachusetts asked the estate tax so then when we get rid Washington, and I started this debate and was given permission to revise and of hereditary power, we will simply on the estate tax. At that time the extend his remarks.) have the permanent state of aristoc- country was in much different shape fi- Mr. NEAL of Massachusetts. Mr. racy and privilege for the few. nancially than it is today. Speaker, I thank the gentleman from Mr. HULSHOF. Mr. Speaker, I yield At that time, we raised the issue for California (Mr. STARK) for yielding me myself such time as I may consume. estate tax relief because I thought then this time. Mr. Speaker, I would remind the gen- it was punitive. It had nothing to do Mr. Speaker, the gentleman from tleman from Massachusetts (Mr. NEAL) with the theory that the gentleman Florida said I want Members to give as he mentions Iraq and Afghanistan from Massachusetts (Mr. NEAL) spoke me a good reason why we should not that the budgetary impact of H.R. 8 is so eloquently about, and that is to repeal the estate tax. Let me give really not felt until the year 2011 and keep 3 percent or 1 percent of the peo- Members two good reasons: Afghani- beyond. ple from owning 99 percent of our coun- stan and Iraq. Mr. Speaker, I yield 2 minutes to the try. The idea that we would be borrowing gentlewoman from Florida (Ms. HAR- b 1500 the money to pay for Afghanistan and RIS). Iraq when by just leaving this tax in (Ms. HARRIS asked and was given We did not want to be like England place we could pay for those incursions permission to revise and extend her re- where whoever got control of the land and maybe get the Humvees to those marks.) and money, and 1,450 still had it 26 gen- men and women who are defending us Ms. HARRIS. Mr. Speaker, I rise in erations later and people who were every single day, or maybe get bullet- support of H.R. 8, which will finally hardworking could not break through proof vests to them on time, borrowing free America’s hard-working farmers that ceiling because of the nobility the money. and small business owners from the that was enshrined in their tax code. The slogan of the moderate Repub- specter of the death tax. That is why we have an estate tax. lican Party is this: we are rich, and we Benjamin Franklin said: ‘‘In this But we raised that issue, and I voted are not going to take it any more. It is world nothing is certain but death and for the bill that is being proposed day after day in this institution, bor- taxes,’’ but I doubt even the inventive today, but I can no longer vote for it. row money, run up the debt, run up the Mr. FRANKlin imagined the taxation of Let me tell you why. It is because, as deficits and then with a straight face death itself. I look in the faces of these young peo- say, we are going to repeal a tax that Americans get taxed when they earn ple, you are looking at a House, a Sen- affects 1 percent of the American peo- money. They get taxed again when ate and an administration that has em- ple, just 1 percent of the American peo- they spend what is left, and govern- barked since 2001 on the most radical, ple. ment pursues them beyond the grave, irresponsible financial riverboat gam- They talk about industriousness and devastating their relatives who must ble that this country has ever seen. thrift and the work ethic. We see what sell the family farm or liquidate the There has been no political American happens to this money when it gets to family business just to pay the taxes. leadership that has ever done what this the fourth and fifth generation of the The impact of the death tax extends group of people who currently hold the same family: thrift is gone, the work far beyond the pain it inflicts upon power of government here in Wash- ethic is gone. They quarrel about who grieving families. The death tax dis- ington have done to this country. is going to have enough money so they torts economic decisions on a massive Since April of 2001, in your name and can enjoy the lavish ways of American scale. It punishes thrift. It reduces sav- mine, this government has borrowed life. ings and investment, and it diverts $1.2 trillion in hard money. What that When I hear people say, as they have capital away from job creation to tax means to us is that we have trans- said recently in this debate, well it is avoidance. ferred, at only 4 percent interest, $50

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.065 H13PT1 H1926 CONGRESSIONAL RECORD — HOUSE April 13, 2005 billion a year from programs like So- earned money. When they earn it, the They call it the death tax? I think cial Security, like health care, like government takes an income tax. When that is a good name. If they keep pur- armor for our troops, from veterans, to they spend it, the government takes a suing bills like this, it will be the health care, to education, all the sales tax. And finally, even when they death of Social Security and Medicare, things that will give the citizens of die, the government takes a tax from as sure as I am standing here. Like this country a chance, an opportunity the grave. most Democrats, I have voted not once to be whatever it is their God-given In addition to being bad policy, the but a number of times to repeal the es- talents give them, we have transferred death tax is morally wrong. It con- tate tax for most Americans and to see $50 billion a year from that to interest. fiscates private property and is an un- that it is done right away, now, not And you know what is worse? Eighty- bearable cost to small businesses, postponing it for years as the Repub- four percent of this $1.2 trillion has ranchers and farmers, which is pre- licans propose to do. been borrowed from overseas. We are cisely why the Farm Bureau supports There is another Democratic sub- now sending more money overseas. this bill. stitute coming out today that is going Eighty-four percent of this interest I could tell you many stories about to exempt 99.7 percent of all estates check is going overseas. families that were forced to borrow from this tax, and only cover the rich- Let me tell you something scary. A large sums of money or sell off or par- est .3 percent of the wealthiest estates former official of the People’s Bank of cel out their farms or businesses, divid- in this country. That means you are China, the country’s central bank and ing their families. I could tell you not going to have a small business in now an economist in Hong Kong, was about the Berdolls from Austin, Texas, East Austin or West McAllen or a fam- recently quoted as saying that the U.S. in my district who, after paying off a ily farm in Karnes County that is cov- dollar is now at the mercy of Asian 30-year mortgage, spent 20 more years ered if they are even covered now, governments. Do you know what we paying this unfair tax burden. They lit- which the vast majority of them are are doing? We are mortgaging our erally paid for their farm twice. not. The names may change, but the story country to foreign interests who do not Why do they keep talking about fam- is the same. It is time we removed this see the world as we see it. It has got to ily farms since it is irrelevant to this financial burden from the backs of stop, and it has got to stop sometime, debate? They keep talking about the those pursuing the American dream. and I for one am saying I want to stop guy in the pickup who is working extra We must guarantee that people do not it now. hours to try to make ends meet. They In your name, we are borrowing at have to suffer the same hardships as keep talking about the little family the Berdolls. the rate of $13,300 a second. This is business that with good reason wants I urge my colleagues to support this staggering, mind numbing. $48 million to be able to pass that enterprise on to important measure. an hour. Since this debate started, in the next generation of that hard-work- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE our names we have borrowed $48 mil- ing family. The SPEAKER pro tempore (Mr. lion and given the bill to those little The reason they talk about those LAHOOD). Members should not address children sitting up there. $1 billion a folks is that Steve Forbes’s family is persons in the gallery, and the Chair day. not quite as sympathetic. The family would remind all persons in the gallery Do you know how much $1 billion is? of Enrons Ken Lay, not quite as sympa- that they are here as guests of the If you take thousand-dollar bills and thetic. They cannot defend transferring House and that any manifestation of stack them up like that, to get to a money from the Social Security and approval or disapproval of proceedings million dollars it is a foot high; to get Medicare trust fund to Ken Lay’s fam- or other audible conversation is in vio- to a billion dollars, it is as high as the ily, to Steve Forbes’s family, to Ross lation of the rules. Empire State Building; and to get to a Mr. STARK. Mr. Speaker, I yield 4 Perot’s family, because it is totally in- trillion dollars, which is what has been minutes to the gentleman from Texas defensible. Their goal is to ensure that borrowed in the last 46 months in your (Mr. DOGGETT). the richest of the rich are rewarded, as name, it is a thousand times as high as Mr. DOGGETT. Mr. Speaker, I rise in if they have not rewarded them enough the Empire State Building, one thou- opposition to this latest Republican as- for the last few years that they have sand dollar bills like this. sault on Social Security and on fiscal controlled this Congress. We are facing a financial Armaged- sanity. At a time of apparently Social Security is not in crisis today, don. What we have done has created a unending war and the largest budget nor is Medicare, but if you keep pass- financial vulnerability vis-a-vis the deficits in American history, our Re- ing bills that drain $750 billion from rest of world that is every bit as big a publican colleagues are intent on solv- the Treasury at the very time more security interest as anything else we ing a crisis that does not exist. people are retiring, you will have a cri- are going to face in the future. I just As the President wastes millions of sis. It was back almost a century ago hope that someday soon that some our taxpayer dollars crisscrossing this when a Republican, a fellow named sense will come to this place about how country to declare that there is no So- Teddy Roosevelt, said that ‘‘inherited we are handling or mishandling your cial Security trust fund and ques- economic power is as inconsistent with money. tioning the full faith and credit of the the ideals of this generation as inher- Mr. HULSHOF. Mr. Speaker, I cer- Federal Government, his Republican ited political power was inconsistent tainly respect my friend from Ten- allies here seem intent on actually with the ideals of the generation which nessee and I trust he will bring that making his dire and inaccurate state- established our government.’’ It is still passion to the floor when we have our ments a self-fulfilling prophecy. Today, inconsistent. Would that we had even discussion on our spending bills. what they propose is to borrow from one Teddy Roosevelt Republican today Mr. Speaker, I am pleased to yield 2 the Social Security trust fund and to to put a stop to this nonsense. minutes to the gentleman from Texas borrow from the Medicare trust fund in Mr. HULSHOF. Mr. Speaker, I yield (Mr. MCCAUL), a newly elected Member. order to give more tax breaks to the myself such time as he may consume Mr. MCCAUL of Texas. Mr. Speaker, richest one-tenth of 1 percent of the to the gentleman from Alabama (Mr. today I rise in support of permanently people in this country. CRAMER), my cosponsor of H.R. 8. repealing the death tax. I would like to That is borrowing from Social Secu- Mr. CRAMER. I thank my friend thank the gentleman from Missouri for rity for purposes that have nothing to from Missouri for yielding me this his leadership on this issue and his do with the Social Security system be- time. good timing, for in 2 days the tax man cause they think some rich folks in Mr. Speaker, I think a number of im- cometh. As I look at these young peo- this country do not have wallets that portant points have been made today, ple in the gallery today, I say to them, are fat enough. It is taking from the but I rise today in strong support of this bill is about you. It is about the hard-working employees and employers this bill and in opposition to the estate youth in this country. For too long, who are paying their Social Security tax. Some of the previous speakers on the Federal Government has been tax- money and transferring that wealth this side of the aisle have made ref- ing working Americans, not once, not over to the richest one-tenth of 1 per- erence to the fact that a number of us twice, but three times, on their hard- cent. on the Democratic side have worked

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.068 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1927 over this issue since actually the early Millionaires and multinational cor- should be a priority. And one can imag- nineties. I know the gentleman’s prede- porations benefit the most from our ine my surprise the other day to find cessor Jennifer Dunn and I and a num- taxes. We talk about what our taxes go out about a guy who drove up to a bank ber of people from this side of the aisle for. There are dues that belong to soci- in an old Ford, about a 15-year-old had worked hard together to look for a ety. Eighty percent of court cases are Ford pickup truck, with rust holes in commonsense way that we could end commercial in nature. Businesses, the floor. He went into that bank and this burden which, in my opinion, is an mostly large ones. Air traffic control- he took out a loan for $2 million. And extreme burden on the small business lers, paid for by our taxes, they mostly the head of the bank was inquiring of community and on the farm commu- support business travel back and forth. the guy that is the accountant that nity. Our Coast Guard, our Navy protecting handles our books that I have to do as I do not know about the other speak- our shipping lanes, bridges and high- a Congressman. He said, Why in the ers, but when I go back to my district ways, making products safe to go back world did this guy have to take a $2 and I am mixing and mingling with the and forth as well as people. The Securi- million loan out? And it particularly folks where they eat breakfast or ties and Exchange Commission is our seemed out of place with this guy with where they have dinner or where they tax money trying to make large cor- his old rusty holes in his pickup truck. gather, it is my farm families that porations behave and treat each other He said, His father just died and they bring this issue up. In north Alabama well instead of cheating each other. have to pay the estate tax on the farm. where I come from, we have some of Sometimes it actually works. I had heard stories like that before, the most productive farm families of but there it was right in front of me. b 1515 any district in the country. For gen- So what this bill is seeking to do is erations, they have struggled and used The fact of the matter is that this to try to make it possible that we do tax lawyers and tax strategies to try to bill absolves the top three-tenths of 1 not destroy farms and small businesses find a way to effectively pass that farm percent from their responsibility to that employ close to half the people on to the next generation that we want pay their fair share. And I say the top that have jobs in our country; and that to continue engaging in that farm busi- three-tenths of 1 percent because the seems to be only reasonable. And yet I ness. But they are overwhelmed by this Democratic alternative would exclude am hearing the Democrats saying over issue. the first $3.5 million, or $7 million for here that they are all upset because we In 2001, we did a good step, not a a couple. So much for the argument of have already taxed a dollar the first great step but a good step. We passed small farms and small businesses. They time the guy earns it; then we are some temporary relief. But the reality would not pay a dime on the first $7 going to tax him again on sales tax and is that if we do not permanently repeal million and only pay a portion of any- other things he buys, and now it is not the death tax, you have almost got to thing above that. fair to tax a dollar the third time it time your death for the benefit of your The fact of the matter is that most of comes around. family. That is outrageous. So let us the money that is going to be taxed on It just seems to me we do not want to make sure that we bury this issue once that top three-tenths of 1 percent was destroy the businesses and farms. What and for all. not earned money. That is money they we want to do is make those jobs avail- According to the Congressional Re- got from tax-free investments. It is able, and we want to get rid of this search Service, estates that included money they got by appreciation, just death tax. Just dying should not be a farm or business assets represented 42.5 the value of that property increasing reason for taxes. percent of the 30,000 plus taxable estate over time. They did not earn it. To Mr. STARK. Mr. Speaker, I reserve tax returns filed in 2003. It is not fair to compensate for what these members of the balance of my time. say that this is just a rich person’s our society will not be paying as their Mr. HULSHOF. Mr. Speaker, I yield 2 issue, that the estate tax only affects fair share, small businesses, the people minutes to the gentleman from Ohio the wealthy, because, according to that that go out and create payrolls, will (Mr. TURNER). same Congressional Research Service, have to pay more. The families that go Mr. TURNER. Mr. Speaker, I am co- estates over $5 million accounted for out and work every day for a living, sponsor of the Death Tax Repeal Per- only 6.8 percent of taxable estates. they will have to pay more than their manency Act of 2005 because this tax is In this day and time, assets are accu- fair share. an unfair burden on American families. mulated in a different way than they And all the while this is going on, we The death tax puts many small busi- were 20 years ago, 25 years ago, 30 years are not even paying America’s bills. nesses, those run predominantly by ago or even more than that. For the This tax is going to be $290 billion off families, at a great financial disadvan- benefit of those farmers, for those the top at a time when our debt is larg- tage. small manufacturers, for the local car er than it has ever been. We are run- According to the Small Business Ad- dealers, the independent car dealers, ning annual deficits that are at his- ministration, in 2001 in the Dayton, the realtors, the funeral directors, the toric proportions. No family and no Ohio, metro area, which is in my dis- grocers, the family restaurant owners, small business would ever operate this trict, nearly 62,000 people worked for the florists, the convenience store own- way. businesses that employ less than 20 ers and many others, let us end this un- Mr. Speaker, let me just close by say- people. fair tax burden. ing they are robbing us of opportunity Three of my constituents, Jenell I urge the Members to support this. and prosperity and community by at- Ross; her mother, Norma; and her Mr. STARK. Mr. Speaker, I yield 2 tacking our education and our health, brother Rob, run a small business, Ross minutes to the gentleman from Massa- our clean water, and our clean air. All Motor Cars in Centerville, Ohio. When chusetts (Mr. TIERNEY). of this because they want to give Jenell’s father unexpectedly passed (Mr. TIERNEY asked and was given America’s princes and princesses a lit- away in 1997, the Ross family received permission to revise and extend his re- tle break at the top three-tenths of 1 a tax bill for nearly half the value of marks.) percent. Let us let everybody pay their their family business. I would like to Mr. TIERNEY. Mr. Speaker, I rise to fair share. tell their story in Jenell Ross’s words. register my opposition to the total re- Mr. HULSHOF. Mr. Speaker, I yield 2 She says, ‘‘30 years ago my father took peal of the estate tax. If we want to minutes to the gentleman from Mis- the chance of a lifetime. Determined to talk about values, as so many people souri (Mr. AKIN). achieve the American Dream, he in- did in the last couple of months leading (Mr. AKIN asked and was given per- vested everything he had into Ross up to this, let us talk about the value mission to revise and extend his re- Motor Cars. Like a lot of people, my fa- of supporting one’s family and sup- marks.) ther thought he would live forever. porting one’s community. Let us talk Mr. AKIN. Mr. Speaker, about 50 per- ‘‘He didn’t. about the values of responsibility and cent of Americans or so are employed ‘‘When he died unexpectedly in 1997, fairness. They dictate that everybody in small businesses, and obviously if the overwhelming responsibility of pay his or her or its corporate fair something is employing almost half of keeping the family business afloat fell share. Americans that are working, that squarely’’ to us. We could never have

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.072 H13PT1 H1928 CONGRESSIONAL RECORD — HOUSE April 13, 2005 prepared ourselves for the shock of re- that grows every year; and the result of sible, indeed, a responsible approach ceiving a tax bill nearly half the value this bill and its twin cousins and re- that gives immediate tax relief to of the dealership, where nearly 90 per- lated Siamese twins, the other parts of small businesses and farmers across cent’’ of the assets were ‘‘tied up in the Republican tax and spend or bor- the country. nonliquid assets such as inventory, row and spend policy, will be a declin- The Pomeroy substitute would pro- equipment, buildings, and land. ing dollar and a declining economy or a vide relief to 99.7 percent of estates in ‘‘Does the death tax impact family- dollar that crashes and an economy America, 99.7 percent; and .3 percent of run small businesses? Yes. My family is that crashes. And this courage is all estates would not be covered under the still experiencing its devastating ef- summoned up on behalf of the one bill. That is a small percentage, but a fects firsthand,’’ nearly 8 years later. quarter of 1 percent of American fami- huge amount of money being deprived It is time to repeal the death tax lies it is designed to help. from the National Treasury. The sav- once and for all, and I urge my fellow We require the men and women in ings achieved by pursuing the more fair constituents and Members to support uniform to risk the ultimate sacrifice; and targeted approach put forth by the the bill. and from our richest families, we say gentleman from North Dakota (Mr. Mr. HULSHOF. Mr. Speaker, I yield 2 zero sacrifice under the estate tax. POMEROY) would cover about one half minutes to the gentleman from Vir- Shame. of the long-term shortfall facing Social ginia (Mr. GOODE). Mr. STARK. Mr. Speaker, I yield the Security. Mr. GOODE. Mr. Speaker, I want to balance of my time to the gentle- Think of it: if we pass the gentleman commend the gentleman from Missouri woman from California (Ms. PELOSI). from North Dakota’s (Mr. POMEROY) (Mr. HULSHOF), the gentleman from Ms. PELOSI. Mr. Speaker, I thank bill, the savings would cover one half of Alabama (Mr. CRAMER), the gentleman the gentleman for his leadership and the shortfall in Social Security down from California (Mr. COX), and all those his recognition on this very important the road. It would strengthen Social who have worked so hard to get rid of legislation that is before us today. I am Security for generations to come. That this onerous burden on a number of very proud of the work of the gen- is the choice we are facing today. Do American citizens. The Federal death tleman from North Dakota (Mr. POM- we want to put the wealthiest .3 per- tax is a job killer. EROY), our Member of Congress, a very I represent the Fifth District of Vir- cent of estate holders ahead of millions distinguished member of the Com- ginia. We have a number of counties of American workers who have earned mittee on Ways and Means, for his ini- and jurisdictions that focus on manu- their Social Security benefits with a tiative and leadership in presenting to facturing. Many of our smaller manu- lifetime of work? Do we want to con- the Congress today an alternative that facturers have had to sell out to larger tinue reckless Republican tax policies makes sense to the American people, manufacturers; and as a result, we or return to a fair system of taxation? that is fair to America’s families. have double-digit unemployment in a This is a remarkable choice before The gentleman from North Dakota number of jurisdictions that used to be us, and I hope that the American peo- (Mr. POMEROY) speaks with authority the home to small manufacturers. A ple can avail themselves of the infor- on the issues that impact rural Amer- factor in their selling out was the Fed- mation to understand what is at stake ica, small business, and America’s fam- eral death tax because they would not here. Basically, it all comes back to ilies and certainly America’s family have the cash to pay when death our deficit, to our budget, and whether farms. He has their interests at heart. knocked on the door. If we pass this we have fiscal soundness in our budget bill, we will help the job situation in He knows firsthand what their chal- or not. What the Republicans are pro- those types of jurisdictions in the lenges are. That is what makes his pro- posing is saying to average working United States. posal so wise, and we all appreciate his families in America every day they go I hear the other side say that this is leadership. to work, and every paycheck money is a bonanza and a budget breaker be- Mr. Speaker, in the 20th century, in taken from their paycheck for Social cause we will not be getting the rev- the early part of the 20th century, our Security. What the Republicans are enue from the Federal death tax. Let country made a decision to honor our doing today is putting their hand into me tell the Members under the current American value of fairness by moving that pot and saying we are taking that law the really rich in this country forward toward a progressive system of money and we are going to subsidize trust and foundation themselves out of taxation. But under 10 years of Repub- the super-rich in our country, the larg- the Federal estate tax. I believe that lican rule, this Congress has consist- est, wealthiest estates in our country, Mr. Gates, the owner of Microsoft, is a ently passed legislation that has moved .3 percent. away from a progressive Tax Code. Re- proponent of keeping the Federal death b 1530 tax. He has got a father that is in publican tax policies have rewarded charge of his foundation. But many wealth over work. In its analysis of the Mind you, the gentleman from North small farmers and average business President’s budget, the nonpartisan Dakota (Mr. POMEROY) has covered 99.7 persons are not able to have the cash Congressional Budget Office found that percent, which is most, of course, 99.7 to set up the trusts and the founda- the tax rate on wage income is nearly percent of the people in America. So tions that will get themselves out of twice the rate of capital income, un- anyone listening to this is not, odds the Federal estate tax. And I predict earned income. And now today Repub- are, affected in any positive way by that if we pass this bill, the incentive licans have come to the floor with an what the Republicans are proposing. In to set up those trusts and foundations estate tax bill continuing their harm- fact, they will be hurt because of what that avoid taxes will not be there and ful approach. it does to Social Security and what it in the long run the Treasury of the The Republican estate tax bill again does in terms of capital gains for over United States will benefit because we rewards extreme wealth. The Repub- 71,000 families in America. will still get the capital gains tax when lican approach would hurt more people So I think the choice should be clear, the assets are sold. than it helps by increasing taxes and to choose to reward work. We respect Mr. HULSHOF. Mr. Speaker, I re- administrative burdens on more than wealth. The creation of wealth is im- serve the balance of my time. 71,000 estates. And it comes at a stag- portant to our economy. But that does Mr. STARK. Mr. Speaker, I yield 1 gering cost of nearly $1 trillion over 10 not mean we take money from working minute to the gentleman from Cali- years once it takes full effect. families to give more money to the fornia (Mr. SHERMAN). Democrats want to be fair to all wealthiest families in America. And Mr. SHERMAN. Mr. Speaker, this Americans, and we support being able this at the same time as the tax cuts bill shows the courage to boldly go to pass a better life on to our children that the administration has proposed where none have gone before, to levels and our grandchildren. But we cannot to make permanent, that would give of public debt and levels of trade defi- support putting the luxuries of the people making over $1 million a year cits that no nation has ever tried, high- super-rich before the needs of Amer- over $125,000 in tax cuts. er than any have dared. ica’s families. The difference between Who are we here to represent? This is We have a dollar that is dependent the Democratic and Republican bills is the reverse Robin Hood. We are taking upon our fiscal markets, a trade deficit that Democrats take a more respon- money from the middle class and we

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.074 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1929 are giving it to the super rich, and not Now I have heard from my colleagues We all realize that the government must only the super rich but the super, on the other side who say that family have revenues, and that taxes are a nec- super, super rich. farms are not affected. Well, then let essary evil. But this tax isn’t necessary; it’s So let us come down and vote for me tell you a very quick personal just evil—because it takes away the American America’s workers, let us come down story, a story of a farm family in Mis- Dream from too many American families. in favor of America’s families, and let souri, a young married couple who in It’s time we give families a real chance at us recognize that everybody, the 1956 left Portageville, Missouri, in the the American Dream. wealthiest as well as those not so district of the gentlewoman from Mis- We need to tell the IRS to stop lurking wealthy, everyone in America benefits souri (Mrs. EMERSON), with $1,000 in around a grieving family’s pockets. Death is when we have fairness in our Tax Code, their pocket, and that was going to be not a taxable event. where we have balance in our budget in the stake that they had. It happened It’s time we let the Death Tax die. terms of our values and in terms of our that the woman was an expectant Mr. REYNOLDS. Mr. Speaker, the issue be- fiscal responsibility. mother with her first child and, as it fore us today is certainly not a new on new I urge our colleagues to support the turned out, her only child. one. During the past three Congresses, the very responsible Pomeroy resolution That married couple happened to be House has voted repeatedly in a bipartisan and vote no on the irresponsible and my parents, and over the last 21⁄2 years fashion to eliminate the death tax. And today, reckless Republican proposal. I have had the unfortunate reality that once again, we have the opportunity to bury Mr. HULSHOF. Mr. Speaker, I yield obviously death is inevitable, and I the death tax once and for all. myself the balance of my time. have had the unfortunate experience in The death tax punishes savings, thrift, and Mr. Speaker, I appreciate in large our family of having both my father hard work among American families. Small measure the tone of the debate. What I pass away in late 2002 and my mother businesses and farmers, in particular, are un- would say to the gentlewoman who just one year ago. fairly penalized for their blood, sweat and spoke and to others who raised the red I do not mind sharing with you, a 514 tears—paying taxes on already-taxed assets. herring of Social Security is to remind acre farm, a modest life insurance pol- Instead of investing money on productive folks, first of all, the Federal receipts icy, the house that I grew up in, a com- measures such as creating new jobs or pur- from the Federal death tax represent bine, three tractors and some irriga- chasing new equipment, businesses and less than 1.5 percent of all revenues, tion equipment, and that is it. And I farms are forced to divert their earnings to tax first of all; and, secondly, that none of am sitting across the mahogany desk accountants and lawyers just to prepare their the income tax money generated from from our long-time family accountant estates. All too often, those families are lit- the estate tax goes to Social Security with the adding machine with a tape erally forced to sell the family farm or business for the trust funds, and eliminating the on it, and he is plugging in an arbi- just to payoff their death taxes. tax in no way will affect or impact cur- trary value for these assets that my Equally disturbing is the fact that the death rent Social Security benefits. Not one parents invested their soul into. And I tax actually raises relatively little revenue for bit. am breaking out into a cold sweat won- the federal government. In fact, some studies Now, I do want to respond. I heard, I dering whether or not this business have found that it may actually cost the gov- think, the gentleman from Massachu- that they built and wanted to pass on setts earlier say that really there has ernment and taxpayers more in administrative is going to fall above an arbitrary line and compliance costs than it raises in rev- been no policy justification for keeping or below an arbitrary line that we in this tax, other than we need the enue. Congress have set. Mr. Speaker, my rural and suburban district money. In fact, I think one gentleman Now we did not have to pay the tax, said something, from Massachusetts, in western New York is home to countless but 14 days ago I had the requirement small businesses and family farms. They’re about we need to pay our fair share. of filling out the form and paying the Well, let me just ask you to consider owned by hard-working families who pay their $2,000 accountant fee; and, again, I do taxes, create jobs and contribute not only to your day. When you woke up this not quarrel with that. But, Mr. Speak- the quality of life in their communities, but to morning, if you hit the snooze button er, the death of a family member on your electric alarm clock, you are this nation’s rich heritage. should not be a taxable event, period. Is it so much to ask that they be able to paying an electric tax. When you Mr. Speaker, I urge my colleagues to pass on the fruits of their labor—their small jumped into the shower this morning, vote for H.R. 8. you paid a water tax. If you saw the Mr. HASTERT. Mr. Speaker, we come to business or their family farm—to their chil- gentleman from North Dakota (Mr. the floor today to address an issue of tax fair- dren? Must Uncle Sam continue to play the POMEROY) and I on C–SPAN debating ness. You see, no matter what kind of spin Grim Reaper? The fact is that they paid their this issue this morning, you are paying our friends on the other side of the aisle try to taxes in life—on every acre sown, on every a cable TV tax. When you drove to use—the death tax simply isn’t fair. It’s an un- product sold, and on every dollar earned. work this morning, you are paying a fair burden that the government has placed on They shouldn’t be taxed in death, too. Mr. Speaker, it’s time to bury the death tax gasoline tax. If you stopped for a cup of families and small business owners. I’ve called once and for all. I commend Congressman coffee, you paid a sales tax. If you used it a cancer—because it’s slowly destroying HULSHOF for introducing this crucial legislation the telephone at all today, you are pay- family farms and businesses across the na- and Chairman THOMAS for his continued lead- ing a telephone tax. And, of course, tion. when you are at work, your wages are Many of our small family businesses are ership on this issue. subject to a payroll tax that does go wrapped up in a loved one’s estate. And when Mr. MACK. Mr. Speaker, I rise today to ex- into Social Security, payroll taxes that family members are left with a huge tax bill, it press my strong support of the Death Tax Re- do pay for Medicare, not to mention hits them hard. I’ve heard countless stories peal Permanency Act of 2005. As a cosponsor your income taxes. If you drive home from families who have had to sell off a chunk of this important legislation, I think it is absurd to your home and you are lucky of the family farm just to handle their tax bur- for the federal government to continue pun- enough and fortunate enough to own a den. Our friends on the other side of the aisle ishing the families through double-taxation. home, you are probably paying a local say that this is too costly and it’s bad for the Rather than taxing people when they die, we property tax. budget. I say it’s too costly not to act. should be encouraging families to save for the When you kiss your spouse good This tax is destroying small businesses. And future through hard-work and sound financial night, you think that is free. No, leave we all know they’re the real job creators in our planning. it to the Federal Government to con- economy. What kind of nation have we be- The Death Tax is one of the most burden- tinue to have this thing called the mar- come when a small family farmer can’t afford some and counterproductive of all taxes. riage tax. to pass the business on to his children? Small businesses create two-thirds of all jobs And, yes, if you scrape and invest and Look at the facts. in the United States, and 40 percent of GDP save and you build a family business, 70 percent of family businesses do not sur- in the United States is generated by small have the audacity to pursue the Amer- vive the second generation, businesses. When the owner of a small family ican dream, the Federal Government is 87 percent do not make it to the third gen- business passes away, this tax causes fami- there with its hand out saying give us eration. lies and small business owners severe finan- 45 percent of the value of your family Many of these businesses are going belly- cial hardship, often to the point that the busi- business. up because of the Death Tax. ness must be liquidated.

VerDate Aug 04 2004 02:47 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\K13AP7.077 H13PT1 H1930 CONGRESSIONAL RECORD — HOUSE April 13, 2005 It is offensive that the government taxes It is time for Congress to let important fiscal for doing nothing more than saying ‘‘I do.’’ We someone all their life then taxes them one last decisions to be made where they should be, also voted to extend the Alternative Minimum time when they die. Families should never at the kitchen table, not at the tax table. Tax reforms (AMT), which is the right step to- have to visit the IRS and the funeral home on Let’s repeal this unjust tax and empower ward making sure the AMT applies only to the same day. A permanent repeal is good for American working families who know best how those people it was designed to cover, not small businesses, family farmers, and the next to make the right decisions for themselves. working families just trying to make ends generation of entrepreneurs. Mr. SHAYS. Mr. Speaker, I rise in support meet. We also supported a measure to extend Mr. Speaker, I urge my colleagues to vote of H.R. 8, the Death Tax Repeal Permanency the 10% bracket to lower taxes for hard work- for the repeal of the Death Tax. Act, although the base bill does not address ing, low-income families. Finally, we voted to Mr. BOUSTANY. Mr. Speaker, I strongly the estate tax in the manner I believe to be extend the $1,000 child tax credit. support H.R. 8, the Death Tax Repeal Perma- most prudent. It only makes sense to take the next step nency Act of 2005, and encourage my col- In 2003, Congressman Doug Bereuter and I and permanently repeal the Death Tax. I urge leagues to pass this important legislation. This introduced the Estate Tax Relief Act, which my colleagues to join me in supporting H.R. 8, vital legislation will permanently repeal the es- would increase the estate tax exclusion to $10 and put an end to this unfair, unjust, and inef- tate tax, a tax that is unjust, inefficient, and million and lower the top rate to the level as ficient burden on our economy. harmful to small businesses, the backbone of the top income tax rate (currently 35 percent). Mr. HONDA. Mr. Speaker, I rise in opposi- our economy. Repeal of the Death Tax will I think this is a much better solution than total tion to H.R. 8, legislation that unwisely imperils create a system that is more equitable and repeal. our Nation’s financial security in order to ad- more productive for our economy. Because estate and gift taxes have had vance the interests of an elite few. The Death Tax is a burden on our economy devastating effects on small businesses— Since my election to Congress, I have con- that costs the country between 170,000 and many of which are forced to liquidate assets sistently advocated for reasonable estate tax 250,000 jobs every year. In Louisiana, our simply to pay taxes ranging from 35 to 55 per- reform. Estate tax reform is extremely impor- family-owned farms have been faced with de- cent of the value of the business—I think we tant for all the people in the 15th District of creasing profitability and in many instances need to provide significant relief in this area. California. High real estate values and gen- the Death Tax is an additional burden that My preference, however, is to reduce estate erous stock option packages have pushed they cannot carry; this tax is a leading cause taxes without entirely eliminating them. many estates over exemption limits. As a re- of the dissolution for thousands of family-run In the last Congress, I voted for today’s sult, too many of my Santa Clara County con- businesses across the country. It also diverts base bill because if it is not enacted the estate stituents have been burdened by an estate tax resources from investment in capital, slowing tax, which is being phased-out over a period that was originally written to affect only the research and development at a time when our between 2001 and 2010, will return in 2011 very wealthiest Americans. The estate tax country is facing growing competition around with an exemption of just $675,000 and a top needs to be modified to protect hardworking the world. We cannot afford to continue dis- rate of 55 percent. Americans and their heirs. couraging productivity and innovation. While my first choice would be to signifi- In keeping with this spirit, I intend to support Furthermore, the death tax is inefficient. cantly increase the exclusion and lower the a Democratic alternative to H.R. 8 that will Since the 1930’s, revenue from the tax has top rate, I believe full repeal is preferable to benefit almost all Americans. Offered by Rep- fallen steadily as a percentage of total federal the return of this onerous tax. resentative EARL POMEROY, the Democratic revenue. Compliance costs each year can be Mr. BOEHLERT. Mr. Speaker, I rise in substitute will increase the estate tax exemp- almost as high as the tax itself, around $22 strong support of H.R. 8, legislation that would tion to $3 million for individuals and $6 million billion in 2003; thus every dollar raised by the permanently repeal the Death Tax, a tax that for married couples effective January 1, 2006 death tax is $2 that could have been invested haunts millions of small business owners and with a scheduled increase in 2009. Under this in capital and new jobs. farmers nationwide. The last thing the federal plan, 99.7 percent of all estates would have The economic damage ofthe Death Tax is government should be doing is taking more no estate tax liability. reason enough for its repeal, but it is also fun- money from small business owners and farm- The Republican majority has put forward a damentally unjust. The rate of taxation is as ers, and curtailing further economic growth. more expensive plan to benefit the three- high as 47%, and this is in addition to the They are the backbone that drives our econ- tenths of one percent not covered by the taxes that were already paid on the assets omy forward. I commend Mr. HULSHOF for his Democratic substitute. Their plan comes at a subject to this tax. The Death Tax also dis- leadership on this issue and praise his vision significant cost. Once fully in effect, H.R. 8 will courages hard work and savings and instead to continue lowering the federal tax burden. cost $1 trillion over 10 years. This astronom- encourages large-scale consumption. At a Throughout my twenty-two years in Con- ical price tag will exacerbate record Federal time when we should and need to be encour- gress, I have proudly voted for every major tax deficits and undermine our Nation’s ability to aging individuals to save for their future, we cut initiative considered by the House. Cutting strengthen key Federal priorities, including So- cannot continue to send this mixed message. taxes is one of my highest priorities. I remain cial Security, Medicare, education programs By repealing the Death Tax we will create a convinced that letting Americans keep more of and veterans health care. tax policy that is more efficient, more equitable what they earn will help stimulate the econ- H.R. 8 may also harm more taxpayers than and more productive for our economy. I urge omy and create more jobs. People will not it would help. Current income tax law provides Congress to act today to permanently repeal hide this much-needed relief under their mat- for a ‘‘step-up’’ in the basis of an inherited the Death Tax and ensure that our future gen- tress or store it in their closet; instead they will asset to its fair market value at the time of de- erations will be able to carry on the heritage purchase necessary goods and services. An cedent’s death. When the heir sells the asset, of our forefathers. increased demand for these goods and serv- the capital gain for income tax purposes is Mr. CANTOR. Mr. Speaker, I rise today in ices will require more employees; therefore, measured by the difference between the heir’s support of the permanent repeal of the death providing incentives for businesses to hire selling price and the stepped-up basis of the tax. To put it simply, the death tax is just more workers—putting unemployed Americans asset. H.R. 8 repeals the step-up basis and wrong. It is wrong to encourage people to back on the job and providing a framework for substitutes carryover basis rules in which the work hard all their life, only to have the gov- long-term economic growth. capital gain would be measured by the dif- ernment reap the benefits when they die. It is The key to growing our economy is sim- ference between heir’s selling price and the wrong to levy hefty taxes against families of ple—allow Americans to keep more of their asset’s cost at the time when the decedent ac- thriving small business owners just because own money to spend, save, and invest. My fa- quired it. As a result, all estates with gross as- their parents were successful. It is wrong to vorite four-letter word—don’t worry, it’s a four sets over $1.3 million would face reporting re- stifle economic growth by forcing small busi- letter word that can be used in polite com- quirements and tax liabilities potentially more nesses to close because of an overbearing tax pany—is JOBS. Permanently repealing the burdensome than under current law. bill delivered by a greedy Uncle Sam. death tax will create new jobs across the na- While I am deeply concerned with the prob- Mr. Speaker, our Republican majority stands tion. lems surrounding the estate tax, and believe firmly against double taxation on working fami- Cutting taxes is not unprecedented. Since that substantial, long-term reform is needed, lies. Taxes have already been paid on the as- 2001, Congress has repeatedly passed legis- permanent repeal for all estates is not nec- sets subject to additional taxation under the lation, which I’m proud to say I voted for, to essary to resolve these issues. Given our na- death tax. I am confident that Americans are lower the federal tax burden. For example, we tion’s challenges, I cannot support the Repub- far better equipped than politicians to decide voted to extend relief from the marriage pen- lican’s fiscally irresponsible approach to this how to best spend their hard earned money. alty tax, a burdensome tax on married couples issue. I urge my colleagues to oppose H.R. 8.

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\CR\FM\A13AP7.028 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1931 Mr. NEUGEBAUER. Mr. Speaker, I rise vergence of these two inescapable events, in will be stripped from his two sons. According today as a cosponsor of H.R. 8 to express my the form of the Federal estate tax, results in to Mr. Harris, ‘‘My focus has been putting my strong support for this important legislation to a number of destructive outcomes in terms of earnings back into growing the business. For permanently repeal the estate or ‘‘Death’’ tax. slower economic growth, reduced social mobil- this reason, cash resources to pay federal es- The estate tax is one of the most unpopular, ity, and wasted productive activity. Moreover, tate taxes, based on the way valuation is destructive taxes collected by the Federal the costs imposed by the estate tax far out- made, would force my family to sell the store Government. It forces many small businesses weigh any benefits that the tax might produce. in order to pay the IRS within 9 months of my and farms to dissolve, undermines incentives For these reasons, among others, I urge my death. Our yearly earnings would not cover for work, savings, and investment, and leads colleagues to join with me in support of per- the payment of such a high tax. I should to unnecessary development of environ- manent repeal of the Federal estate tax. know. I started my career as a CPA.’’ These mentally sensitive land. By permanently re- The estate tax has been enacted four times two stories are not isolated. pealing the estate tax, we would be elimi- in our Nation’s history—each time in response According to the Life Insurance Marketing nating a cruel tax that devalues the hard work to the exigent financial straits deriving from Research Association, less than half of all and confiscates the savings of some of our war. In three of those instances (1797– family-owned businesses survive the death of most productive citizens. 1802,1862–70, and 1898–1902), the estate a founder and only about 5 percent survive to As we all know, the estate tax is scheduled tax was repealed shortly thereafter. Most re- the third generation. to be totally repealed on January 1, 2010; un- cently, the estate tax was reintroduced during Another recent study found the following: fortunately, this repeal will sunset on Decem- World War I (1916) and has existed ever Eight out of ten minority business owners ber 31, 2010. At that point, unless the Con- since. What was meant to bring short-term questioned believe the Federal estate tax is gress acts, the estate tax will revert to the budgetary relief has become a permanent bur- unfair. 2001 level. As no one I know can accurately den on America’s farmers, small business Only one minority business owner in three guess which year they might pass on to the owners and families. has been able to take any steps whatsoever hereafter, only one year of complete relief of Some observers might believe that the es- to prepare for the ramifications of the estate the estate tax is not only cynical—it’s bad pol- tate tax is free from serious controversy. For tax. icy. The uncertainty of not knowing whether or example, it is often claimed that the tax only One in four believes that his or her heirs will not the death tax will really be repealed, falls on the ‘‘rich’’ and thus serves to reduce be forced to sell off at least part of their busi- makes it difficult for American taxpayers to income inequality. Other supporters of the es- nesses to pay the estate tax liability. make plans for their futures, their spouses’ fu- tate tax point to the $22 billion in tax revenues Fully half the respondents already know a tures, and the futures of their children. Addi- for 2003, or to the incentive for charitable be- minority-owned business that has had trouble tionally, the tax increase that would result if quests. Nonetheless, there are many reasons paying the tax, including some that have been Congress fails to act would be entirely unfair to question the value of taxing the accumu- forced to liquidate. to many of our constituents. lated savings of productive, entrepreneurial Those few minority-owned businesses that On the one hand, I am pleased that the citizens. Not the least of these reasons is the have been able to take steps to reduce their House is once again taking action today to rid widely-held belief that families who work hard estate tax liability complain that it has de- our Tax Code of this punitive measure. But and accumulate savings should not be pun- tracted from their ability to meet business ob- we’ve done this several times in the past and ished for sound budgeting. Additionally, it is jectives by channeling time, energy and re- each time it has gotten bogged down in the unclear whether the estate tax raises any rev- sources away from productive endeavors. other body. Let’s hope we don’t have to meet enue at all, since most if not all of its receipts Many of my colleagues who are proponents again to do what should have been done are offset by losses under the income tax. of the estate tax contend that the tax adds years ago. Let’s do the right thing today. Let’s The freedom to attain prosperity and accu- progressivity to the Tax Code and provides finally and irrevocably repeal the death tax. mulate wealth is the basis of the ‘‘American needed tax revenue. They argue that the es- Ms. FOXX. Mr. Speaker, today I voice my dream.’’ We are taught that through hard work tate tax falls on wealthier and higher income strong support for the Death Tax Repeal Per- we can achieve that dream and, God willing, individuals and increases the total tax paid by manency Act of 2005. pass it on to our children. Unfortunately, for this segment of the population relative to their It is imperative we pass this very important many the estate tax turns that dream into a income. This helps offset the regressivity of legislation. The Death Tax is an unreasonable nightmare. The current tax treatment of a per- payroll taxes and excise taxes, which fall more and unfair burden on thousands of American son’s life accumulations is so onerous that heavily on low-income groups relative to their families, small businesses, and family farms. when one dies, the children are often forced to income. They also argue that increasing the The Death Tax is the largest threat to the vi- turn over half of their inheritance to the Fed- unified credit to $4, $5, $6 or $7 million would tality of family-owned businesses and farms eral Government. The estate tax, which is im- remove small family-owned businesses and because most of their owners have the entire posed at an alarming 45 to 47 percent rate, is farms from the harsh impact of the estate tax. value of their business or farm in their estate. higher than in any other industrialized nation I share my colleagues concerns about pro- The Federal Government currently receives in the world except Japan. Thus, many fami- tecting the tax base and ensuring that our Tax nearly half of an estate when the owner lies must watch their loved one’s legacy being Code remains progressive. However, I find passes. As a result, more than two-thirds of snatched away by the Federal Government at these arguments in support of the estate tax family businesses do not survive the second an agonizing time. This is tragically wrong and unconvincing in the face of substantial evi- generation and nearly 90 percent do not make nullifies the hard work of those who have dence otherwise. it to the third generation. So much for the passed on. First, there is no clear evidence that the es- American dream. Rather than encouraging In the minority community there are numer- tate tax is progressive or that larger estates people to build their own livelihoods, the ous examples of the injurious effects of the are paying a greater portion of the tax. Death Tax discourages hard work and sav- estate tax. The Chicago Daily Defender—the Wealthier members of our society are able to ings. oldest African American-owned daily news- reduce and or eliminate the impact of the es- According to the Heritage Foundation, the paper in the United States—is a good exam- tate tax by stuffing money away here and Death Tax costs our country up to 250,000 ple of the unique problem presented for minor- there at the suggestion of high-priced attor- jobs each year. By permanently abolishing this ity families. It was forced into bankruptcy due neys and accountants. Similarly, tax planning tax, we could add more than 100,000 jobs per to financial burdens imposed by the estate tax. techniques such as gift tax exclusions or valu- year. But, beyond that, the questions were—was the ation discounts reduce the size of the gross As my colleague, Representative SAM JOHN- Chicago Defender family forced to sell, could estate but do not appear in the IRS data caus- SON of Texas, said: Americans receive a birth a minority owner be found to purchase it, or ing effective tax rates to be overstated for certificate when they are born, a marriage li- would it become a white-owned asset, reduc- many larger estates. The Institute for Policy cense when they are wed, and a tax bill when ing the overall wealth of the African American Innovation recently revealed evidence of this they die. This is a disgrace. I encourage my community? fact in a study showing that the effective tax colleagues to vote ‘‘yes’’ for the Death Tax On a smaller scale, another potential victim, rate on the most valuable estates was actually Repeal Permanency Act of 2005. a storeowner named Leonard L. Harris who is lower than that on medium-sized estates. Mr. JEFFERSON. Mr. Speaker, Benjamin a first generation owner of Chatham Food Second, the insignificant amount of money Franklin noted over 200 years ago that ‘‘in this Center on the South Side of Chicago is fright- the estate tax raises for the Federal Govern- world nothing can be said to be certain, ex- ened that all the work and value he has put ment cannot justify the harmful effects it has cept death and taxes.’’ Unfortunately, the con- into his business will be for naught because it on business owners who spend more to avoid

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\A13AP7.033 H13PT1 H1932 CONGRESSIONAL RECORD — HOUSE April 13, 2005 the tax than the federal tax revenue raised. lief for family farmers and small business own- taxes throughout their lifetime, then at the time According to the President’s fiscal year 2005 ers. The first bill I introduced as a Member of of death they are assessed another tax on the Budget, the estate and gift tax brought in Congress was a bill to raise the inheritance value of the property on which they have al- $22.8 billion in revenues to the Federal Gov- tax exemption from $600,000 to $1.5 million ready paid taxes. This is unfair, unjust and an ernment in 2003. This represents less than 1.1 and for the first time indexed it to inflation. But inefficient burden on our economy. percent of the total revenues out of a more H.R. 8 is an extremely irresponsible bill that I have spoken in the past about a con- than $2 trillion Federal budget and less than will add billions to our national debt for our stituent of mine, Danny Sexton of Kissimmee, the amount of money spent complying with, or children and grandchildren to pay and will FL and owner of Kissimmee Florist. He, like trying to circumvent, the death tax. harm more taxpayers than it helps. millions of other Americans, has experienced In 2003, Congress’ Joint Economic Com- The unfortunate reality of our situation is the sad realities of the Death Tax. He joined mittee reported that the death tax brought in that we have witnessed the most dramatic fis- me several years ago in Washington to high- $22 billion in annual revenue, but cost the pri- cal reversal in our Nation’s history. Our budget light the adverse impact the Death Tax had on vate sector another $22 billion in compliance surpluses have been frittered away, and our his family business. costs. Therefore, the total impact on the econ- Nation is now drowning in red ink with ever- Mr. Sexton, who comes from a family of flo- omy was a staggering $44 billion. And, when growing budget deficits and increasing Federal rists, inherited his uncle’s flower shop and was one calculates the amount of money spent on debt. The primary culprits for our increasing faced with paying almost $160,000 in estate complying with the tax, the number of lost jobs debt are the risky, irresponsible tax schemes taxes. This forced him to have to liquidate all resulting from businesses being sold, or the the Republican Congress has enacted the last of the assets, layoff workers and take out a resources directed away from business expan- 4 years. loan just to pay the death tax. He also had to sion and into estate planning, it is clear why Instead of adopting a bill that would in- establish a line of credit just to keep the oper- this punitive tax must be eliminated. crease the burden on our children and grand- ation running. It is also important to note that many econo- children, we need a common-sense solution Danny Sexton is the reason we need to ap- mists believe that overall tax revenues would that would exempt the vast majority of Ameri- peal the death tax. The death tax isn’t a tax increase if the estate tax were repealed. Ac- cans from an estate tax while maintaining a on just the rich, it is a tax that hurts family cording to a study of estate tax repeal pro- degree of fiscal integrity. owned businesses—family owned businesses posals, which was prepared by Dr. Allen Sinai That is why I am supporting the Democratic that are the backbone of this great Nation. It for American Council for Capital Formation substitute authored by Representative EARL also caused several average workers to lose and Center for Policy Research, Federal tax POMEROY. This substitute provides an estate their jobs. receipts would rise in response to a stronger tax exemption of $3 million for individuals and Family owned businesses provide and cre- economy, feeding back 20 cents of every dol- $6 million for couples beginning in 2006, and ate millions of jobs for American workers. The lar of estate tax reduction. In fact, over the the exemption would increase to $3.5 million people who worked in Mr. Sexton’s florist were years 2001 to 2008, estate tax repeal would and $7 million respectively in 2009. Further- not rich, but they lost their jobs because of the increase real Gross Domestic Product by $90 more, this plan would instantly repeal the es- Death Tax. billion to $150 billion, and U.S. employment by tate tax on a vast majority of farms and small In a recent survey conducted by the Na- 80,000 to 165,000. businesses, as well as shield heirs from dra- tional Federation of Independent Businesses, Finally, it is not clear that increasing the uni- matic capital gains tax liabilities that are part 89 percent of small business owners favored fied credit to $6 or $7 million would remove of the Republican plan. The U.S. Department permanent repeal of the death tax. Why? Be- small family-owned businesses and farms of Agriculture has estimated that more farm cause these small business owners know this from the threat of the estate tax. The Small estates would have an increased tax liability tax may mean the death of their business for Business Administration’s definition of a small from the Republican plan’s carry-over basis future generations. According to the Center for business is based on industry size standards. rules than would ever benefit from the repeal the Study of Taxation, more than 70 percent For example, a construction company or gro- of the estate tax. of family businesses do not survive the sec- cery store with less than $27.5 million in an- I support estate tax relief, but not at the ex- ond generation and 87 percent do not make it nual receipts is considered a small business. pense of our senior citizens who benefit from to the third generation. Family owned and op- Thus, families who build their businesses past Social Security and Medicare. The only way to erated businesses deserve the right to be in- the exemption amount will continue to face es- pay for the Republican bill is by taking more herited by the next generation without the tate taxes that range from the aforementioned, money out of the Social Security an Medicare blow of the death tax. alarming rate of 45 to 47 percent. The exemp- Trust Funds and replacing it with IOUs. H.R. In current law, the death tax is phased-out, tion threshold would not help these small busi- 8 will compound the fiscal mistakes Congress completely repealed in 2010. But that is not nesses. More significantly, without significant good enough because in 2011, the tax re- reform or, more appropriately, repeal, these has made the last 2 years with its policy of tax emerges in full force. That means taxpayers same small businesses face the prospect of cuts at any cost, including our children’s edu- must plan for three different scenarios when estate tax rates as high as 60 percent begin- cation and our Nation’s future. The people of North Carolina’s Second Dis- passing along their family business—pre- ning in 2011. Permanent repeal of the estate tax will pro- trict elected me to help chart a common- 2010 when the exemption levels are gradually vide American families with fairness in our tax sense, fiscally prudent course for the country. increasing and the top rate gradually decreas- system and remove the perverse incentive I pledged to represent my constituents by pay- ing; 2010 when the tax is completely repealed; that makes it is cheaper for an individual to ing down the national debt; saving Social Se- or 2011 when the tax reemerges. This is com- sell the business prior to death and pay the in- curity and Medicare funds for older Americans, plicated, confusing and hard to plan for—un- dividual capital gains rate than pass it on to and investing our country’s resources into less a small business owner knows for certain heirs. But for minorities, it provides much education, health care and other initiatives that when his or her death will occur. When we more. It will allow wealth created in one gen- enable people to improve their lives. H.R. 8 is make this tax repeal permanent, taxpayers will eration to be passed on to the next thereby inconsistent with these goals; therefore, I op- have the ability to make long-term financial establishing sustainable minority communities pose the bill. plans with certainty and will have the oppor- through better jobs and education, better Mr. WELDON of Florida. Mr. Speaker, I tunity to pass on their hard earned family busi- healthcare, and safer communities. want to express my strong support for H.R. 8, nesses and farms to future generations. It will Mr. Speaker, I urge my colleagues to sup- the Death Tax Repeal Permanency Act of also ensure that those who work for these port H.R. 8 to permanently repeal the Federal 2005. I have supported this measure in the small businesses are able to keep their jobs. estate tax and to restore fairness to our Na- past and have introduced similar legislation to I urge my colleagues to vote for H.R. 8, the tion’s Tax Code. make the death tax repeal permanent. I be- Death Tax Repeal Permanency Act of 2005. Mr. ETHERIDGE. Mr. Speaker, I rise today lieve it is important that we accomplish the Mr. HOLT. Mr. Speaker, I favor cutting un- to voice my opposition to H.R. 8. As a part- goal of passing this in the House and the Sen- necessary, ineffective or unfair taxes, but in time farmer and former small business owner, ate and seeing this bill enacted into law. balanced and fiscally responsible ways. I have I have long supported responsible legislation The Death Tax needs to die. Along with the been one of the few Democrats in Congress to provide estate tax relief for family-owned marriage penalty, the death tax is perhaps the who has been willing to cross party lines to businesses. Unfortunately, this bill will not ac- most disgraceful tax levied by the Federal vote for tax cuts. I have voted to eliminate the complish that goal. Government and it should be repealed imme- estate tax in the past. I have been willing to Throughout my service in the U.S. House, I diately. The death tax is double taxation. vote for eliminating the marriage penalty, to have been a strong supporter of estate tax re- Small business owners and family farmers pay vote for cutting taxes for small businesses, to

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\A13AP7.035 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1933 vote for cutting taxes to help people pay for also hurt Americans well into the future. Mas- of the amount (with respect to which the education and retirement, and to vote for cut- sive deficits now create large debt and will tentative tax is to be computed) as exceeds ting taxes for senior citizens and to give busi- create high interest payments that will crowd $10,000,000. The amount of the increase under the preceding sentence shall not exceed the ness tax credit for research work. out spending on public investments for future sum of the applicable credit amount under With a war in Iraq and looming postwar generations. Moreover, these deep deficits section 2010(c) and $159,200.’’. costs, increased expenses for domestic secu- threaten to increase interest rates in the fu- (c) EFFECTIVE DATE.—The amendments rity and a ballooning budget deficit, Congress ture—making it harder for Americans to buy made by this section shall apply to estates of must exercise restraint on both revenues and homes and afford higher education and mak- decedents dying, and gifts made, after De- spending to prevent fiscal policy from spiraling ing it harder for businesses to raise capital. cember 31, 2005. out of control. The consensus in favor of bal- I urge my colleagues to join me in sup- SEC. 4. VALUATION RULES FOR CERTAIN TRANS- ancing the budget over the long term must be porting permanent reform of the estate tax, but FERS OF NONBUSINESS ASSETS; LIM- ITATION ON MINORITY DISCOUNTS. re-established. not irresponsibly repealing it. Government (a) IN GENERAL.—Section 2031 of the Inter- There are a wide range of pressing national should follow the principle of helping the nal Revenue Code of 1986 (relating to defini- challenges that need action, from rapidly in- present generation and helping future genera- tion of gross estate) is amended by redesig- creasing health care costs, to our increasing tion as well—not leaving future generations to nating subsection (d) as subsection (f) and by dependence on ever-more-expensive foreign pay our bill. inserting after subsection (c) the following oil, to a broken and increasingly corrupt polit- AMENDMENT IN THE NATURE OF A SUBSTITUTE new subsections: ical system, and yet today we are passing a OFFERED BY MR. POMEROY ‘‘(d) VALUATION RULES FOR CERTAIN TRANS- bill that will only help a few of the already Mr. POMEROY. Mr. Speaker, pursu- FERS OF NONBUSINESS ASSETS.—For purposes wealthy. ant to H. Res. 202, I offer an amend- of this chapter and chapter 12— Today we are debating total elimination of ‘‘(1) IN GENERAL.—In the case of the trans- ment in the nature of a substitute. fer of any interest in an entity other than an the federal inheritance tax. Permanently re- The SPEAKER pro tempore (Mr. interest which is actively traded (within the pealing the estate tax would further balloon LAHOOD). The Clerk will designate the meaning of section 1092)— the Federal budget deficit by an estimated amendment in the nature of a sub- ‘‘(A) the value of any nonbusiness assets $290 billion through 2015; and by $745 billion stitute. held by the entity shall be determined as if through 2021. Add in the interest costs of bor- The text of the amendment in the na- the transferor had transferred such assets di- rowing the funds to pay for this measure, and ture of a substitute is as follows: rectly to the transferee (and no valuation discount shall be allowed with respect to the true 10-year cost is nearly $1.3 trillion. Amendment in the Nature of a Substitute such nonbusiness assets), and I support the substitute offered by Rep- offered by Mr. POMEROY: ‘‘(B) the nonbusiness assets shall not be Strike all after the enacting clause and in- resentative EARL POMEROY which will protect taken into account in determining the value sert the following: families and small business from the estate of the interest in the entity. SECTION 1. SHORT TITLE. tax. The substitute increases the estate tax ‘‘(2) NONBUSINESS ASSETS.—For purposes of credit to $3 million, $6 million for married cou- This Act may be cited as the ‘‘Certain and this subsection— Immediate Estate Tax Relief Act of 2005’’. ples, beginning in 2006. Under the substitute, ‘‘(A) IN GENERAL.—The term ‘nonbusiness the credit would be increased to $3.5 million, SEC. 2. RETENTION OF ESTATE TAX; REPEAL OF asset’ means any asset which is not used in CARRYOVER BASIS. $7 million for couples, in 2009. The Pomeroy the active conduct of 1 or more trades or (a) IN GENERAL.—Subtitles A and E of title substitute would eliminate tax reporting com- businesses. V of the Economic Growth and Tax Relief ‘‘(B) EXCEPTION FOR CERTAIN PASSIVE AS- pliance burdens and carryover taxes for over Reconciliation Act of 2001, and the amend- SETS.—Except as provided in subparagraph 71,000 estates each year which effects small ments made by such subtitles, are hereby re- (C), a passive asset shall not be treated for business and families. According to Rep- pealed; and the Internal Revenue Code of 1986 purposes of subparagraph (A) as used in the resentative POMEROY’s calculation, his pack- shall be applied as if such subtitles, and active conduct of a trade or business unless— age would exempt 99.68 percent of all estates amendments, had never been enacted. ‘‘(i) the asset is property described in para- from the estate tax, yet it would save the (b) SUNSET NOT TO APPLY.—Section 901 of graph (1) or (4) of section 1221(a) or is a hedge the Economic Growth and Tax Relief Rec- with respect to such property, or Treasury $217 billion compared to total repeal. onciliation Act of 2001 shall not apply to It is worth noting that the saving of $217 billion ‘‘(ii) the asset is real property used in the title V of such Act. active conduct of 1 or more real property is equal to 40 percent of the shortfall of Social (c) CONFORMING AMENDMENTS.—Subsections trades or businesses (within the meaning of Security of the next 75 years. (d) and (e) of section 511 of the Economic section 469(c)(7)(C)) in which the transferor Mr. Speaker, today the national debt is the Growth and Tax Relief Reconciliation Act of materially participates and with respect to largest in history. Americans now collectively 2001, and the amendments made by such sub- which the transferor meets the requirements owe about $7.8 trillion. Here we have another sections, are hereby repealed; and the Inter- of section 469(c)(7)(B)(ii). tax cut that is not being paid for, even as the nal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had For purposes of clause (ii), material partici- Bush administration and the leadership of this never been enacted. pation shall be determined under the rules of section 469(h), except that section 469(h)(3) Congress spend more than the American gov- SEC. 3. MODIFICATIONS TO ESTATE TAX. shall be applied without regard to the limita- ernment has ever spent on homeland security (a) IMMEDIATE INCREASE IN EXCLUSION tion to farming activity. and on all the other expenses of running the EQUIVALENT OF UNIFIED CREDIT.—Subsection Government—especially the huge costs of the ‘‘(C) EXCEPTION FOR WORKING CAPITAL.— (c) of section 2010 of the Internal Revenue Any asset (including a passive asset) which war in, and occupation of, Iraq. Government Code of 1986 (relating to applicable credit is held as a part of the reasonably required borrowing of this scale places the burden of amount) is amended by striking all that fol- working capital needs of a trade or business repaying our debts on our children. lows ‘‘the applicable exclusion amount’’ and shall be treated as used in the active conduct Governing is about making choices. Our inserting ‘‘. For purposes of the preceding of a trade or business. sentence, the applicable exclusion amount is constituents all across America sent us to ‘‘(3) PASSIVE ASSET.—For purposes of this $3,500,000 ($3,000,000 in the case of estates of Congress to make the tough decisions. They subsection, the term ‘passive asset’ means decedents dying before 2009).’’. any— did not send us here so we can pass those (b) FREEZE MAXIMUM ESTATE TAX RATE AT ‘‘(A) cash or cash equivalents, decisions on to our children, and they certainly 47 PERCENT; RESTORATION OF PHASEOUT OF ‘‘(B) except to the extent provided by the GRADUATED RATES AND UNIFIED CREDIT.— did not send us here to pass the cost of our Secretary, stock in a corporation or any (1) Paragraph (1) of section 2001(c) of such decisions on to our children. other equity, profits, or capital interest in Code is amended by striking the last 2 items I want the people of this country to realize any entity, in the table and inserting the following new that, right now, we owe collectively, about $4.5 ‘‘(C) evidence of indebtedness, option, for- item: trillion to foreign countries. Japan holds $702 ward or futures contract, notional principal billion of our debt; China, including Hong ‘‘Over $2,000,000 ...... $780,800, plus 47 percent contract, or derivative, Kong, $246 billion; the U.K. $163 billion; Tai- of the excess of such ‘‘(D) asset described in clause (iii), (iv), or amount over (v) of section 351(e)(1)(B), wan, $59 billion; Germany, $57 billion; OPEC $2,000,000.’’. countries, $65 billion; Switzerland, $50 billion; ‘‘(E) annuity, (2) Paragraph (2) of section 2001(c) of such ‘‘(F) real property used in 1 or more real Korea, $68 billion; Mexico, $41 billion; Luxem- Code is amended to read as follows: property trades or businesses (as defined in bourg, $29 billion; Canada, $43 billion—the list ‘‘(2) PHASEOUT OF GRADUATED RATES AND section 469(c)(7)(C)), goes on and on. UNIFIED CREDIT.—The tentative tax deter- ‘‘(G) asset (other than a patent, trade- More tax cuts of this size will not only jeop- mined under paragraph (1) shall be increased mark, or copyright) which produces royalty ardize critical public services now, but they will by an amount equal to 5 percent of so much income,

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A13AP7.038 H13PT1 H1934 CONGRESSIONAL RECORD — HOUSE April 13, 2005 ‘‘(H) commodity, traordinarily complicated and has been country, which we are borrowing for, of ‘‘(I) collectible (within the meaning of sec- made 25 percent more complicated by course, so that their kids will pay the tion 401(m)), or the Republican majority over just the debts. ‘‘(J) any other asset specified in regula- last 48 months. Mr. Speaker, under current law, the tions prescribed by the Secretary. Mr. Speaker, let us be absolutely Joint Economic Committee estimates ‘‘(4) LOOK-THRU RULES.— that only 7,500 estates, in a Nation of ‘‘(A) IN GENERAL.—If a nonbusiness asset of crystal clear: This Republican proposal an entity consists of a 10-percent interest in is nothing but a tax increase. Hear me, 290 million people where some 3 million any other entity, this subsection shall be ap- this is a tax increase disguised as a tax people die every year, 7,500 estates out plied by disregarding the 10-percent interest cut. of the 3 million people that die would and by treating the entity as holding di- ‘‘Who are you, Mr. HOYER? Lewis Car- have any estate tax liability in 2009. rectly its ratable share of the assets of the roll? What is this gibberish that you However, the permanent switch to car- other entity. This subparagraph shall be ap- are talking about?’’ ryover basis rules, rules that are used plied successively to any 10-percent interest It would raise taxes for thousands of to calculate cap gains, would impact an of such other entity in any other entity. families and thousands of family farm- estimated 71,000 additional estates, and ‘‘(B) 10-PERCENT INTEREST.—The term ‘10- percent interest’ means— ers and small businesses. There are no many of those estates would face cap- ‘‘(i) in the case of an interest in a corpora- two ways about it. ital gains tax increases. tion, ownership of at least 10 percent (by For years, House Republicans have Now even as this bill increases the vote or value) of the stock in such corpora- proclaimed that the elimination of the capital gains tax on many farm estates tion, inheritance tax, a tax, now hear me on and small businesses, I tell my friend, ‘‘(ii) in the case of an interest in a partner- this side of the aisle, I know you want it still adheres to what seems to be the ship, ownership of at least 10 percent of the to hear this, a tax first proposed by Republican Party’s core economic prin- capital or profits interest in the partnership, Theodore Roosevelt in 1906. Now for ciple: fiscal irresponsibility. and those of you who may not be quite The gentleman says this tax, that ‘‘(iii) in any other case, ownership of at tax, and he is right. There are a lot of least 10 percent of the beneficial interests in fully cognizant of our history, Theo- the entity. dore Roosevelt, of course, was a Repub- taxes on all of us, and we have a lot of ‘‘(5) COORDINATION WITH SUBSECTION (B).— lican President of the United States of services in this country. And, frankly, Subsection (b) shall apply after the applica- America. It was intended to save fam- for the most part, as the gentleman tion of this subsection. ily farms and small businesses. knows, particularly if you take the in- ‘‘(e) LIMITATION ON MINORITY DISCOUNTS.— But, today, not according to the gen- dustrialized nations, our tax structure For purposes of this chapter and chapter 12, tleman from Maryland (Mr. HOYER), at the Federal level is lower. But, still, in the case of the transfer of any interest in they are high, and we would like to see an entity other than an interest which is ac- not according to the gentleman from North Dakota (Mr. POMEROY), not ac- them reduced. tively traded (within the meaning of section But the fact of the matter is, I have 1092), no discount shall be allowed by reason cording to all the Democrats in this of the fact that the transferee does not have House or in the Senate, according to three children, three daughters, they control of such entity if the transferee and the Republican Department of Agri- are wonderful people, and they pro- members of the family (as defined in section culture, I tell my friend from Missouri, vided me with three grandchildren. And I am buying stuff. I am buying de- 2032A(e)(2)) of the transferee have control of the Republican Department of Agri- such entity.’’. fense against terrorists, I am buying culture says more farm estates would (b) EFFECTIVE DATE.—The amendments stabilizing Iraq, I am buying education, have increased tax liability from the made by this section shall apply to transfers I am buying health care, I am buying carryover basis rules in this bill than after the date of the enactment of this Act. roads. All of us are buying that. Amend the title so as to read: ‘‘A bill to would benefit from repeal of the inher- amend the Internal Revenue Code of 1986 to I do not want to have to say to my itance tax. In other words, if we pass grandchildren, look, I am going to use retain the estate tax with an immediate in- this bill, family farmers and small crease in the exemption, to repeal the new it, but you pay for it. That is an im- businesses are going to pay more taxes. moral policy as well as a fiscally irre- carryover basis rules in order to prevent tax Now, I am for the Pomeroy alter- increases and the imposition of compliance sponsible one, an unwillingness to pay burdens on many more estates than would native. First of all, we do not have that our bills. benefit from repeal, and for other purposes.’’. complicated look-back to find out what Now, this is $290 billion. Just $29 bil- The SPEAKER pro tempore. Pursu- the basis was 10, 20, 30, 40, 50 years ago. lion a year over 10 years. No sweat. ant to H. Res. 202, the gentleman from We do as we do now, what is the basis Shoot, we are borrowing all the Social North Dakota (Mr. POMEROY) and a now when you get it? Security money right now that the Re- Member opposed each will control 30 But we exempt under the substitute publicans said they were not going to minutes. offered by the gentleman from North spend a nickel of. They are going to Mr. HULSHOF. Mr. Speaker, I claim Dakota (Mr. POMEROY) $7 million. That spend $170 billion of Social Security the time in opposition. means that 99.7 percent of the people in money this year alone. How do we do The SPEAKER pro tempore. The gen- America would never pay an estate tax. that? We borrowed $118 billion last tleman from Missouri (Mr. HULSHOF) I am for that. So this argument, I tell February, from foreigners mostly, will be recognized for 30 minutes in op- my friend from Missouri, is about the which we are putting our kids deeply in position to the amendment in the na- three-tenths of 1 percent of the very hock to China, to Japan, to Germany. ture of a substitute. largest estates in America. Because if At a time of record budget deficits of The Chair recognizes the gentleman you vote for Pomeroy, 99.7 percent are nearly half a trillion dollars, this Re- from North Dakota (Mr. POMEROY). exempt. So, as we have been doing for publican bill would cost nearly $1 tril- Mr. POMEROY. Mr. Speaker, I am the last 4 years, we have been talking lion over the first 10 years of full re- pleased to begin the presentation of the about the upper 1 percent. That is who peal. It would irresponsibly drive our amendment in the nature of a sub- we are talking about. Nation even further into debt and stitute by yielding such time as he Now we are pretty well off in Con- immorally force our children to con- may consume to the distinguished gen- gress. The American people do pretty tinue to be liable for our bills. tleman from Maryland (Mr. HOYER), well by us, very frankly. I am doing In sharp contrast, I tell my friend the minority whip. well enough. I paid a little bit of Alter- from Missouri, and I wish there were Mr. HOYER. Mr. Speaker, I thank native Minimum Tax this year. It more people on this floor, but it is only the gentleman for yielding me time. shocked me, but my accountant point- giving away, you know, $250 billion to Mr. Speaker, I was very interested in ed out that I did. So we are doing pret- $1 trillion. What do we care? We have the last presentation. The bottom line ty well. given away trillions of dollars over the was, he did not pay a tax. All that But there are a whole lot of people last 4 years as we go trillions of dollars story, all those facts, and he did not that are not doing nearly as well as we into debt. As a matter of fact, $9 tril- pay a tax. He did pay his accountant are doing, and we are not helping them lion into debt. some money to go through and make at all by simply giving away revenue The substitute offered by the gen- sure that he was doing what was right. that we could spend on the education tleman from North Dakota (Mr. POM- He did that because the Tax Code is ex- of their kids and the defense of their EROY) is excellent. It costs less than

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A13AP7.039 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1935 one-third of this Republican bill. It ciation, the American Soybean Asso- Mr. Speaker, the permanent repeal of would permanently increase the cur- ciation, Farm Credit Council, National the death tax will not only ensure that rent exclusion amounts to $3.5 million Association of Wheat Growers; to my small businesses and family farms are per individual and $7 million for cou- friend from North Dakota, National not subject to these unfair rates of tax- ples. Three-tenths of the estates would Cattlemen’s Beef Association, National ation, but also simplify the tax law and be left in 2009 and, as a result, exempt Corn Growers Association, National facilitate long-term financial planning. 99.7 percent of all estates from estate Cotton Council, National Grain Sor- The 2010 sunset date for the death tax tax liability. ghum Producers, National Milk Pro- repeal makes it nearly impossible for Mr. Speaker, I congratulate the gen- ducers Federation, National Potato taxpayers to make long-term financial tleman from North Dakota (Mr. POM- Council, USA Rice Producers Federa- decisions as they relate to the tax. En- EROY) for this alternative. It solves the tion, U.S. Rice Producers Association, actment of the Death Tax Repeal Per- problems of small farmers, it solves the and the Western Peanut Growers Asso- manency Act promotes fairness and problems of small businesses, it solves ciation. simplification by giving taxpayers the the problems of pretty significant but APRIL 13, 2005. certainty they deserve. nevertheless smaller estates, to make HOUSE OF REPRESENTATIVES, Mr. Speaker, I strongly support H.R. sure that the hard work of mom and Washington, DC. 8, the Death Tax Repeal Permanency dad can be passed along to their daugh- DEAR REPRESENTATIVE: The groups listed Act of 2005, and I urge my colleagues to ter and their son and their son’s and below support permanent estate tax repeal vote ‘‘no’’ on the Pomeroy substitute and ask you to vote for H.R. 8, the Death Tax amendment. daughter’s families. Repeal Permanency Act of 2005. Mr. POMEROY. Mr. Speaker, I yield b 1545 Individuals and families own virtually all of the farms and ranches that dot America’s 4 minutes to the gentleman from Or- We agree with the gentleman from rural landscape. Death taxes threaten the egon (Mr. BLUMENAUER), the other Missouri (Mr. HULSHOF) that that is a transfer of these operations to the next gen- member of the Earl Caucus of this good objective, but we also agree that eration of food and fiber producers. House. we ought to have fiscally responsible In 2001, Congress recognized the harm that Mr. BLUMENAUER. Mr. Speaker, I policies. death taxes cause family businesses and appreciate my namesake’s courtesy in voted to repeal this onerous tax. Unfortu- Mr. POMEROY. Mr. Speaker, I re- permitting me to speak on his sub- serve the balance of my time. nately, repeal scheduled for 2010 is tem- porary and sunsets after only one year. stitute. I appreciate his hard work and Mr. HULSHOF. Mr. Speaker, just a Congress should act now to make death tax clarity in dealing with this issue and a quick comment for whatever time I repeal permanent. Please show your support step forward to stop a cynical game may consume before yielding to the for permanent death tax repeal by voting for that I have watched be played here in gentleman from South Carolina (Mr. H.R. 8 when the bill reaches the House floor this Congress since I was first elected 9 BARRETT). this week. years ago. Did I hear the last speaker correctly, Sincerely, There is today, and there has been that we have given away, whose money Alabama Farmers Federation, American Farm Bureau Federation, American throughout these 9 years, a consensus is that? It would be the American tax- Sheep Industry Association, American to make adjustments to the inherit- payers’ money, who are probably, even Soybean Association, Farm Credit ance tax, to make it less steeply grad- as we speak, trying to grapple with Council, National Association of Wheat uated, to raise the exemptions, to be those forms as they have tax day com- Growers, National Cattlemen’s Beef able to do fine-tuning, to deal with the ing, as the income tax payers of Amer- Association, National Corn Growers legitimate problems of small, closely ica that provide for the comfortable Association, National Cotton Council, held businesses and farms. And if the living that he and I enjoy. National Grain Sorghum Producers, Republican majority would have per- Mr. HOYER. Mr. Speaker, will the National Milk Producers Federation, National Potato Council, USA Rice mitted a fair and honest debate on this gentleman yield? Federation, US Rice Producers Asso- floor of the inheritance tax, we would Mr. HULSHOF. I yield to the gen- ciation, Western Peanut Growers Asso- have enacted significant permanent ad- tleman from Maryland. ciation. justments that would have solved the Mr. HOYER. Mr. Speaker, I ask my Mr. Speaker, to my friend from vast majority of the problems for 99.9 friend, whose debt is it? South Carolina, I am not sure if any of percent, I dare say. But that is not to Mr. HULSHOF. Mr. Speaker, I would those groups happen to represent farm be. say to my friend, and of course, as we families in his district, but I yield 2 Instead, we have been involved with a have had a lot of unforeseen cir- minutes to the gentleman from South cynical process that we are seeing cumstances that have occurred, as was Carolina (Mr. BARRETT). played out here today. Nobody expects mentioned earlier, Iraq and Afghani- Mr. BARRETT of South Carolina. over the long haul that we are, in fact, stan. And let us hope and pray that as Mr. Speaker, I thank the gentleman for going to eliminate in its entirety the permanent repeal occurs, if it occurs, yielding me this time. And, yes, I say inheritance tax. Our Republican friends in the outyears that we will not be in to the gentleman, they are from South have been involved with a roller coast- that war on terrorism. But I would say Carolina, and I see them every day. er of a 10-year phase-out, and then to my friend, and I appreciate the ques- Mr. Speaker, I rise today against the insanely reinstating it in its entirety. tion, but he also mentioned the Depart- Pomeroy substitute and in full support As a result nobody has been able to ment of Agriculture, and lest, Mr. of H.R. 8, the Death Tax Repeal Perma- plan thoughtfully for the last 5 years. Speaker, anyone wonder who those ag- nency Act of 2005. My friend from Missouri says, well, ricultural groups are that represent The death tax defies common sense on the one hand, it is only 1.5 percent farm families across America, I would and is fundamentally unfair, Mr. of Federal revenues; but that is half of place into the RECORD a letter from Speaker. Prior to 2001, the top death the problem of Social Security that has said groups. tax rate was 55 percent. Today, the top driven some people into a frenzy. It is In essence, the letter reads as fol- rate is 47 percent, and these are unbe- not an insignificant number, in the lows: The groups listed below support lievably high tax rates, especially when neighborhood of $1.5 to $2 trillion over permanent estate tax repeal, ask for the tax is imposed after a lifetime of the period of time we are talking this body to vote for H.R. 8, and the hard work. about. letter goes on to say, individuals and The death tax is also a job killer, Mr. But my Republican friends do not families own virtually all of the farms Speaker. Resources that could be used want to allow the legislative process to and ranches that dot America’s rural to expand businesses and hire new em- work, and have a permanent solution landscape. Death taxes threaten the ployees are instead used inefficiently that will stop the ambiguity and that transfer of these operations to the next to plan for the impact of the death tax. will solve the problem for closely held generation of food and fiber producers. The Joint Economic Committee noted businesses and yet, not allow vast Sincerely, Alabama Farmers Federa- that the death tax reduces the stock in amounts of wealth, wealth that is so tion, American Farm Bureau Federa- the economy, listen to this now, ap- significant that Bill Gates’s own father tion, American Sheep Industry Asso- proximately one-half of $1 trillion. does not think that it should eliminate

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.079 H13PT1 H1936 CONGRESSIONAL RECORD — HOUSE April 13, 2005 the inheritance tax and has even writ- Mountains about 25 miles from Albany, eliminated, because we take the ex- ten a book about it. New York, a small manufacturer em- emption and we double it. We go from The gentleman from North Dakota ploying 150 employees? today, a joint estate at $3 million, and has proposed not that we game the sys- What about Richard Forrestal, Jr., a we say, if you have a joint estate of $6 tem. The gentleman from Missouri (Mr. principal in Cold Spring Construction, million, no estate tax. We, like 2009, HULSHOF) found out that his parents, a firm specializing in highway and take that up to $7 million in a joint es- like 99 percent of the people, are not bridge construction? tate circumstance. subjected to the inheritance tax. What about Douglas Stinson, a tree So as to the question he asked, I do The Pomeroy amendment would im- farmer from Toledo, Washington, that not know the particulars of those mediately raise that threshold to $6 runs the Cowlitz Ridge Tree Farm? cases, but I expect that a number, if million, with further adjustments to $7 Each of these testified, Mr. Speaker, not all of them are covered, because million in 4 or 5 years from now, I for- that they were impacted negatively by 99.7 percent of the estates in this coun- get the exact period of time; he will the existence of the death tax. try are under that amount. correct me, I am sure. This brings it up What about Carol Loop, Jr., presi- But there is a feature of the majority so that 99.7 percent of the American dent of Luke’s Nursery and Green- proposal that is not represented in our public are exempt, and it does it today. houses, a wholesale plant nursery oper- substitute, and I want to talk about it Not with games, not with promises but ation in Jacksonville, Florida? He right now, and this involves the impo- by solving the problem. I think this is started his business with a $1,500 loan sition of capital gains liability at the so important as I think of the millions and a borrowed truck. Would the prob- handling of an estate under the major- of Americans today that are struggling lem be solved with the Pomeroy sub- ity bill. with the 1040 form, the 2.9 million stitute? I can just imagine Members in the Americans subjected to the alternative Or Christopher and Kimberly majority, some of them that might minimum tax, soon to be 16 million Clements of Golden Eagle Distributors have signed that ‘‘no new tax’’ pledge families next year. Not enough money, in Tucson, Arizona. They lost their fa- that was going around last Congress, not enough time to solve that yet we ther unexpectedly after a valiant bout just wringing their hands because they are going to be involved with this cyn- with cancer. He lost his life at the age are about to vote for a tax increase, a ical game of the inheritance tax. of 58. tax increase in the form of capital I strongly urge the adoption of the Or Jeannine Mizell, a third-genera- gains taxation on estates. Section 541 Pomeroy substitute, which will solve tion owner of Mizell Lumber and Hard- of the bill that the majority proposal the problem once and for all for the ware Company of Kensington, Mary- would make permanent reads this way: vast majority of the family farms, the land. termination of step-up in basis at small businesses, and, in fact, a num- What about Robert Sakata, a vege- death. Tax legalese, but what does it ber of people of significant wealth; and table farmer from Brighton, Colorado, mean? It means new capital gains and it will provide resources so that we can or Jean Stinson, a railroad track man- capital gains if you have an estate that exceeds that 1.3 gross value. You have solve problems like Social Security ufacturing company in Barto, Florida, a reporting commitment that attaches and the alternative minimum tax and running the R. W. Summers Railroad at 1.3 gross value for estate. be about our business. Contractors? Their family had to shut Mr. HULSHOF. Mr. Speaker, I yield down a facility in North Carolina, lay- b 1600 myself such time as I may consume. ing off two-thirds of the 110 employees You know, it is the darndest tax bill Mr. Speaker, the gentleman just indi- to pay the estate tax. I ever saw. Because, while they talk cated that the Pomeroy substitute Or Jack Cakebread, founder of about tax relief, they are hurting more solves the problem once and for all, and Cakebread Cellars in Napa Valley, Cali- than they are helping. I have listened to a number of individ- fornia. Would each of these individuals I direct you to this chart. Number of uals on the other side during the be solved or their estate problems estates today with capital gains issue, course of this discussion that this is solved by the substitute? zero; and that is because the taxable only going to affect the superwealthy It is a rhetorical question, and the basis in the property is established at and that really there are no family gentleman from North Dakota (Mr. time of transfer in an estate. No cap- businesses that are affected by the es- POMEROY) knows it, and I do not mean ital gains. tate tax. It has been interesting, be- to put him on the spot, but he cannot What happens under their proposal? cause some of those comments have answer the question because when we Well, we know that there are 71,000 es- come from colleagues of mine on the draw a line, an arbitrary line, wherever tates in the year 2011 that are likely to Committee on Ways and Means. we draw that line, we still are going to have reportable amounts, in other Mr. Speaker, we have had a number have those entrepreneurs that have words, gross valuation over $1.3 mil- of hearings going back to at least, from been willing to invest in their busi- lion. Some will have a capital gains my memory, 1997. So I will mention nesses, hire employees, build local issue they have to pay. Some will not. some of these folks who have come and communities; and as long as the death But they are all going to have to report testified in front of the Committee on tax remains in existence, they are with the IRS. Ways and Means. going to have to do some sort of estate And this report is something else. It Martin Whalen testified about his planning. means going back in and trying to es- family-owned and -operated company, I think it is much the better course tablish what the value of the property Etline Foods Corporation, a distributor to completely and finally permanently was at the time mom and dad acquired of food service products in York, Penn- repeal the tax. it. It is a nightmare. And that is well- sylvania. When they purchased the Mr. Speaker, I reserve the balance of established in the CONGRESSIONAL business, 48 employees; in 1997, 105 em- my time. RECORD. Because I have here the hear- ployees. Rhetorically, I would say to Mr. POMEROY. Mr. Speaker, I yield ing, I have here the Ways and Means my friend from North Dakota, will this myself 5 minutes. record at the time the committee con- solve their problem? Mr. Speaker, it is a privilege to carry sidered testimony to repeal the carry- Wayne Nelson, a farmer from Winner, this debate today on behalf of the mi- over basis, the very provision they South Dakota. His father farmed until nority, and a privilege to participate want to re-establish in tax law. his father’s death in 1993. Their estate with the gentleman from Missouri, who You see, it passed once before, in planning was inadequate. Several par- is one of my favorite Members of the 1976. It was delayed from implementa- cels of land in South Dakota were liq- House. He has presented his side very tion and then repealed retroactively uidated in order to pay the Federal tax. well. because of its consequences. Will the substitute rectify that situa- He asked relative to a number of es- Here is what some very interesting tion? tates, would they be covered under the participants had to bring to the com- What about Roger Hannay of Hannay Pomeroy substitute? Well, I believe mittee. Carryover basis fosters an in- Reels, Incorporated, a small manufac- that a number of them would have sidious bias against farmers and ranch- turer in the foothills of the Catskill their estate tax problems completely ers. Carryover basis calculations for

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.082 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1937 land, buildings, machinery, livestock And as the gentleman from North I have to tell you, it sounds like $3 and timber have been described as, at Dakota just mentioned, we do not have million is a lot of money. And it is if best, potential nightmares. Trying to a carryover basis in its entirety. We you or I had it in our pocket. But for a establish what the taxable basis on this have simply a step up in basis for both business, counting its real estate, its is, which their law would require, is a the spouse and for the children. assets, its inventory, its trucks, that is nightmare. So says the American Farm I wish we could get rid of the carry- a tiny business indeed. And if you are Bureau in their 1979 testimony. over basis. I would be thrilled with trying to employ some people, you The Cattlemen’s Association, one that. But the Pomeroy substitute gives have 10, 11, 12 people that work for that touted as one of these that want to re- us the death tax back full strength at business, what are you going to say to establish capital gains on estates, they 47 percent tax rate, and it arbitrarily them when they lose their jobs because say, because of its complexity, carry- says that a small business that is the family business has to be liq- over base is impossible to comply with. worth $3 million is going to have to uidated on the death of the entre- It will increase the tax burden and deal with this. preneur in order to come up with the compound the illiquidity of estates of Now you have to ask yourself, in ad- actual cash to pay for it? farmers, ranchers and other family vance of your death, do you know what The IRS is not going to accept shares business operators who sell inherited the assets and inventory of your busi- of stock in the family business in pay- property in the normal course of busi- ness is going to be 10 years, 20 years, 30 ment of the death tax. They are going ness, and I quote, and find it in the years down the road? The answer is no. to say, go sell those shares, go liq- record from the National Cattlemen’s Of course not. You are going to have to uidate the business, go sell the assets Association. do that tax compliance year in and in order to pay off the tax plan. NFIB also states, I strongly urge you, year out. To the supporters of this amendment as an individual and as a taxpayer and Tax compliance, the cost of actual I say we agree with you that the death as one who professionally and through accountants and lawyers and life insur- tax destroys family farms and busi- an association represents small busi- ance and all the other things that you nesses. Obviously, that is your pre- ness people, repeal the carryover basis. have to do to deal with the death tax sumption if you are trying to have a So says the National Federation of year in and year out is $20 billion a threshold below which people will not Independent Business, the very group year. pay it. We agree with you that the that they have cited as trying to re-es- This tax, the death tax, kills between death tax destroys family farms and tablish carryover basis in the Tax Code 170,000 and a quarter million jobs each businesses, that it kills jobs and re- and put capital gains back on estates. year, according to the Nonprofit Center duces economic growth. So why do you We have been here before. We do not For Data Analysis. The death tax is a want to keep this monster alive? Please join with us and kill the death want to do it again. Do you not under- job killer. It is destroying family farms tax once and for all. stand, voting for the repeal bill brings and businesses. It is a drag on eco- Mr. POMEROY. Mr. Speaker, I yield a new bill, a capital gains bill, and a nomic growth, and it is the greatest disincentive to invest additional cap- myself 90 seconds. capital gains bill to thousands that You know, anyone in the accountant ital in family businesses in America. have no estate tax consequence? or tax-planning profession worrying But the authors of this amendment So if you want to cast a vote this about losing business because of the es- still want to pry lots of cash out of the afternoon for a tax relief proposal, vote tate tax is going to be smiling broadly cold dead fingers of America’s deceased the Pomeroy substitute. No capital at the end of tonight when we pass this entrepreneurs. So they rewrite the lan- gains in the Pomeroy substitute. re-creation of capital gains tax and es- guage of the Tax Code so we can keep Mr. Speaker, I reserve the balance of tates. my time. all 88 pages of complexity of the death In fact, the ABA Task Force report Mr. HULSHOF. Mr. Speaker, I yield tax and all the thousands of pages of devotes almost 70 pages to discussing myself such time as I may consume. regulation and the hundreds of thou- the problems that exist with the new As the gentleman from North Dakota sands of pages of case law that go with carryover basis rules in their legisla- recognizes; and, again, I do not think it. This is the most complex part of one tion. The problems identified in the re- he meant to misspeak, but the under- of the most complex tax systems in the port include unequal treatment of cap- lying bill, H.R. 8, does provide a step up world, and it is time to drive a stake ital losses, difficulty in applying basis in basis of $3 million for the surviving through its heart. It is time for the adjustments to property sold during spouse and a $1.3 million step up in death tax to die. the administration of the estate, treat- basis for surviving heirs. This is not the time to redefine the ment of property with debt and exces- Mr. Speaker, many have worked on death tax or add legislative language sive basis, treatment of installment the death tax repeal and going back so that tax lawyers and accountants loans, unequal treatment of pension as- even to the, I think, Family Heritage can have more to play with. It is time sets, administrative problems with al- Preservation Act of 1993. The gen- to kill it. And that is why we must location to spousal property, discrimi- tleman from California introduced that vote against this amendment and in nation in favor of spouses in commu- bill and I think had 29 cosponsors. Now, favor of the total repeal of the death nity property states. Even a cursory of course, we are over 200 on permanent tax. examination of that report leads to a repeal. Here is the message that this amend- conclusion that serious problems exist Mr. Speaker, I yield 41⁄2 minutes to ment, were it to be adopted, sends to with the new rules and that their sur- the gentleman from California (Mr. American workers: Do not work for a face simplicity is quite misleading. COX). small- or medium-sized American fam- Let us just walk through some of the Mr. COX. Mr. Speaker, the preceding ily business. Do not work for a large titles, some of the titles of the new speaker just told us that he does not family owned business. To be safe, do capital gains law that they are going like the carryover basis. And I will tell not work for any small businesses that to have: Basis increase for certain you what. If his amendment got rid of are growing quickly or picking up new property; limit increased by unused any aspect of carryover basis in death customers or introducing new prod- built-in losses and carryovers; spousal tax I would vote for it. But this is a ucts. Because the Federal Government property basis increases; qualified ter- give-with-the-right-hand, take-away- has decided that the family businesses minable interest property; definitions with-the-left-hand operation that he is can grow without the destructive bur- and special rules for application of sub- proposing, because what he is also den of the death tax but only until sections (b) and (c); fair market value doing is he is bringing back the 47 per- some IRS bureaucrat decides that limitation; coordination with Section cent death tax. these businesses are worth $3.5 million 691; information returns, et cetera. We are trying to repeal the death dollars. Then the businesses will be And to think that for every one tax- tax, not bring it back; and you cannot subject to huge new tax burdens. And payer getting relief under their pro- tell us that capital gains at 15 percent guess what? You will not know until it posal, an additional ten are now going is worse than the death tax at 47 per- is too late whether you are on one side to face this nightmare. It is a funny cent. or the other side of that threshold. way to give tax relief.

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.084 H13PT1 H1938 CONGRESSIONAL RECORD — HOUSE April 13, 2005 Mr. Speaker, I yield 4 minutes to the United States to call into question our taxes. So it is quite an interesting de- gentleman from California (Mr. SHER- intent and ability to pay U.S. govern- bate. MAN). ment bonds. Let me just say, I come to this as Mr. SHERMAN. Mr. Speaker, I thank someone who grew up in a family farm b 1615 the gentleman from North Dakota for operation, a family small business. I yielding me this time and perhaps for It calls into question our ability to can tell you firsthand from real life, mentioning what I see as the only good pay our bonds. honest experience the effect that the part of this bill. You see, I am a CPA Now, the President will not warn the death tax has on families and creating and tax lawyer by training, and this Chinese investors. He wants them to jobs and opportunities and being able bill is the full employment act for both buy the bonds, but he has warned every to continue what I believe is the Amer- my CPA friends and my tax lawyer Social Security recipient that we may ican Dream, and that is to have an op- friends. dishonor the U.S. Government bonds portunity for your children and your Republican after Republican has held by the Social Security trustees. grandchildren to continue a life that come to that microphone and talked This bill is part of an overall plan you love and cherish. Nothing stands in about the electrical tax, the sales tax, that keeps in effect the electrical tax, the way more for families and small the telephone tax, the payroll tax, the the sales tax, the telephone tax, the in- businesses to be successful, to con- income tax, the marriage tax, the cable come tax, the payroll tax, the marriage tinue, than the death tax. tax and the fuel tax. tax, the cable tax, and the fuel tax. We spend thousands and thousands of And what is their solution? To elimi- And it is part of an overall plan that, dollars every year as a way to try and nate a tax that applies to only 1⁄4 of 1 well, I ought to write a commercial be- avoid what the death tax will do to us. percent of America’s families. Yes, cause there is a lot of public policy It is morally wrong that the day you that is right. They want to keep the commercials out there, and I ought to die, your heirs should not only see the electrical tax, the sales tax, telephone write them for them. undertaker but have to go see the tax tax, payroll tax, the income tax, mar- Allowing corporations to avoid man to see how much the Federal Gov- riage tax, cable tax and the fuel tax. American taxes just by renting a hotel ernment is going to take away from a They want to vote for a bill that room in the Bahamas, $8 billion. Allow- lifetime of work. takes $290 billion out of the Treasury ing millionaires to pay virtually noth- The idea, while the gentleman from in its first 4 plus years and about $70 ing on dividend income, $80 billion. North Dakota (Mr. POMEROY), I have billion a year thereafter and make it Eliminating the estate tax even on the the greatest respect for him, but the impossible for the Federal Government richest estates, $290 billion. Telling our idea of continuing an immoral tax that to ever give any relief for those other soldiers in the field that it is the bil- destroys family, destroys family busi- taxes. It is a bill to shaft 99 and 3⁄4 per- lionaire families who are the ones who nesses, I have seen neighbors who have cent of all American families. have sacrificed too much for America, lost everything they have, lost genera- But that does not stop there. Repub- priceless. tions of work on a family farm because lican after Republican has come up And the Republi-card, accepted ev- of the death tax. It is a fact that noth- here and boasted how the passage of erywhere. The very wealthy want their ing is more harmful, nothing is more this bill will slash charitable giving. So taxes released. hurtful than a tax that takes away the it is not just a loss to the Federal And do not forget the Deficit Express hope of the American Dream. Treasury, it is a loss to our hospitals Card, now with a new $12 trillion credit This country is based on farms, on and a loss to our universities, who are limit. small businesses. That is the lifeblood strangely silent on this bill because Mr. HULSHOF. Mr. Speaker, I yield of this Nation, and nothing destroys it they are afraid of angering 1⁄4 of 1 per- myself such time as I may consume. more than the death tax; and that is cent of the families in the United Mr. Speaker, notwithstanding the why we have to kill this death tax to States who happen to be a huge chunk gentleman’s props, I would commend to make sure that we can experience the of their donors. him for his reading leisurely ‘‘The Eco- American Dream in this country. Let us look at the substitute. It is nomics of the Estate Tax: An Update,’’ Mr. POMEROY. Mr. Speaker, I yield more fiscally responsible, costs about a Joint Economic Committee study 3 minutes to the gentleman from Ten- 1⁄4 as much, but it provides more tax re- dated June 2003 which in essence states nessee (Mr. DAVIS). lief for middle-class families. the estate tax raises very little, if any, (Mr. DAVIS of Tennessee asked and Let us look at this from the stand- net revenue because of distortionary was given permission to revise and ex- point of a widow, a surviving spouse. effects of the estate resulting in in- tend his remarks.) Under current law and under the Pom- come tax losses roughly the same size Mr. DAVIS of Tennessee. Mr. Speak- eroy substitute, no estate tax, no cap- as the revenue collected. Secondly, es- er, I thank the gentleman for yielding ital gains tax and little or no compli- tate taxes force the development of en- me time. ance work. Under their bill, more com- vironmentally sensitive land. Through Mr. Speaker, I rise today in strong pliance work and sharp restrictions on 2001, 2.6 million acres of forest land support of the Pomeroy substitute to the step up in basis. were harvested and 1.3 million acres House Resolution 8. And I argue that So this bill is an attack on working were sold every year to raise funds to anyone in this body who is currently families, an attack on the middle class, pay the estate tax. concerned about our ballooning na- and an attack on widows. They have Regarding his criticism on philan- tional debt should vote in favor of the lost their spouse, and now you want thropy, the estate tax according to the substitute. them to lose their step up in basis as Joint Economic Committee study, the The Pomeroy substitute is fair, and well. These are people who pay zero es- estate tax may actually be one of the it covers those who need tax exemption tate tax and get zero benefit from this greatest obstacles to charitable giving now, America’s small businessmen and bill. They have lost a spouse, and that as estate taxes crowd out charitable America’s farmers. is the folks you go after. $290 billion in bequests. It is clear from the debate today that the first 4 plus years. It is part of an Mr. Speaker, I yield two minutes to the majority of Members in this body overall Republican tax package. the gentleman from Iowa (Mr. believe that our farmers and small I am on the International Relations LATHAM). businessmen and -women need relief Committee. We are waging a war on Mr. LATHAM. Mr. Speaker, I thank from the estate tax, and I will do all I terrorism. We turn to our men and the gentleman for yielding me time. can to ensure that these hardworking women in uniform and say, stand ready Mr. Speaker, it is fascinating if you Americans get their due tax relief. In to make the ultimate sacrifice; and we would think if there was a proposal in my opinion, the Pomeroy substitute turn to the richest families in America the substitute to eliminate the whole does this by increasing the estate tax and say, you should make a zero sac- list of taxes that the gentleman re- exemption level in 2006 by $3 million rifice. ferred to, but I have never heard one for individuals and $6 million for cou- Now these Republican tax policies case where they have talked about ples. Additionally, from 2009 forward, have caused the President of the eliminating any tax, only increasing the tax exemption level would be $3.5

VerDate Aug 04 2004 02:19 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.086 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1939 million for individuals and $7 million time. I thank the gentleman for his This bill will do nothing to stimulate for couples. This will fully cover 99.8 leadership on this issue. the economic growth or savings, which percent, 99.8 percent of all the estates I think it is important that we spend is what we should be focused on, rather in this country. Only two out of every a moment or two and talk about how than further shifting the tax burden 1,000 would not be totally covered. we got here, why do we have a death from wealth to work. I know my friends on the other side tax and what is its consequence; what We could be debating and using this of the aisle desperately want to make is the fundamental we are talking time on simplifying the code. Just 2 sure that the Paris Hiltons of America about. weeks ago there was a report out by are fully covered, but they have done The death tax began in 1916 in order the IRS and others showing that $350 to fund World War I, a noble cause but pretty good the last 100 years; and I am billion a year goes unreported in taxes a cause that has long since passed. It sure under the Pomeroy bill in the fu- where people are not complying and remained through the 1920s and 1930s ture they will continue to do pretty cheating. under the rationale that we should pre- good. We have a Tax Code that rewards and Additionally, the substitute bill vent the accumulation of wealth, an initiates a culture of cheating and pe- eliminates the liability for tax on issue more than addressed with our nalizes those who abide by the rules. gains accrued before death. This is in- current anti-trust laws. That is where we should be focusing, on credibly important to those children The death tax has become a harmful simplifying the code and taking away who may decide to sell the small farms relic of previous times. It survives the incentive to cheat, which is what and businesses they have just inher- through the inertia of government and we have today in our code. ited. By using the stepped-up basis to now has the consequence of punishing calculate the value on an estate at a hard work and success. It harms fami- With all the economic challenges we time of death, the substitute bill is ac- lies, and it kills small businesses. are facing today in the area of health tually making the Tax Code simpler Families should not have to visit the care, energy, education, eliminating and less cumbersome. It seems to me undertaker and the tax collector on the the estate tax, fully eliminating, that this is important to us. It is im- very same day. should be the last of our priorities. But The death tax is fundamentally un- portant to the President, and it is im- the Republicans will soldier on and fair and violates what should be our portant to many of us in Congress. continue to fight until taxes are elimi- I will do all that I need to do in order principle of freedom and liberty and nated for the very last multimillion- to support estate tax relief for farmers the imperative of personal property aire. Instead of helping the wealthy and small business owners in my dis- rights. avoid taxes, we should be helping mid- Freedom and liberty demand that trict. But would it not be a great mes- dle-class families save for their retire- hard-working Americans be able to sage to send to the Senate and to the ment. leave their children and their grand- American people by providing them That is a true deficit we have in this children the results of their diligence with the estate tax relief they want country, a retirement and savings def- and their success and not have Wash- and need without breaking the bank? It icit. The savings rate is at its lowest ington get a windfall. level since the 1930s, lower than any seems to me that it is the fiscally con- I urge all of my colleagues to act other industrialized nation. Millions of servative thing to do. I truly believe we positively today on behalf of all Ameri- families are financially unprepared for have got to stop this liberal policy of cans and let the death tax die for good. borrowing and spending. Mr. POMEROY. Mr. Speaker, in light retirement. To my friends on the right who be- of the imbalance of time, I would be Given this reality, why are we debat- lieve that any estate tax is so vile that happy to have my friend from Missouri ing the elimination of the estate tax you took your polling advice and de- burn up a little more of his time, un- instead of real tax reform and a savings cided to start calling it the death tax, less he has no further speakers. agenda for the middle class. you should read Leviticus 25 con- Mr. HULSHOF. Mr. Speaker, I have Are holding the interests of the taining God’s message to Moses that no further requests for time, and I can wealthy and special interests above the every 50 years, called the Jubilee, all assure my friend I will not use the en- hopes and dreams of the middle-class possessions must be returned to the tire 14 minutes to close. families the kind of values we want our original owners. I invite you to read Mr. Speaker, who has the right to Tax Code to reflect? that scripture. close? As late former Supreme Court Jus- You had a chance in 2002 to increase The SPEAKER pro tempore. The gen- tice Louis Brandeis once said, ‘‘We can the benefits by giving the tax relief to tleman from Missouri (Mr. HULSHOF) have democracy in this country or we the estates of all Americans. Why did has the right to close. you not? It clearly was not to keep the Mr. HULSHOF. Mr. Speaker, I re- can have great wealth concentrated in budget balanced. Was it political? serve the balance of my time. the hands of a few, but we cannot have Every year around tax time and every Mr. POMEROY. Mr. Speaker, I yield both.’’ 2 years around election time, you come 21⁄2 minutes to the gentleman from Illi- Mr. Speaker, there is no doubt which back with permanent tax repeal. I nois (Mr. EMANUEL). one this bill will achieve. think now is the time to do it. Let us Mr. EMANUEL. Mr. Speaker, I rise in Mr. HULSHOF. Mr. Speaker, I yield 2 get it done. opposition to H.R. 8, which continues, minutes to the gentlewoman from The Pomeroy substitute bill is a bill in my view, the policies by the major- Washington (Miss MCMORRIS), a newly we need to send to the Senate. It is a ity of three tax cuts, in 4 years, with elected Member from the State of fair bill. It is fiscally responsible. It four straight record-breaking deficits Washington. should be the House’s bill. that have added $2 trillion in 4 years to Miss MCMORRIS. Mr. Speaker, I ap- Mr. POMEROY. Mr. Speaker, how the Nation’s debt. And here again the preciate the opportunity to address the much time remains on each side? majority offers $850 billion of tax cuts House today on this very important The SPEAKER pro tempore (Mr. to the wealthiest families in this coun- piece of legislation, the repeal of the SIMPSON). The gentleman from North try. death tax and making it permanent. Dakota (Mr. POMEROY) has 41⁄2 minutes When you get in a hole that is $2 tril- The repeal of the death tax is one of remaining. The gentleman from Mis- lion deep, rule one, stop digging. If you the first bills that I was honored to souri (Mr. HULSHOF) has 141⁄2 minutes cannot figure that out, you cannot place my name on as a cosponsor. remaining. produce any more when it comes to Mr. POMEROY. Mr. Speaker, I re- economic growth for this country or Growing up on a family farm in east- serve the balance of my time. jobs or resolving the health care crisis ern Washington, I have seen firsthand Mr. HULSHOF. Mr. Speaker, I yield or the educational crisis we have in the the negative impacts the death tax has 11⁄2 minutes to the gentleman from country. My view is repeating the same on our families and our businesses. Georgia (Mr. PRICE). mistake and expecting a different re- One of my top priorities in Congress Mr. PRICE of Georgia. Mr. Speaker, I sult is a sign that you have lost your is to grow jobs and expand the econ- thank the gentleman for yielding me bearings. omy in the Pacific Northwest.

VerDate Aug 04 2004 02:21 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.088 H13PT1 H1940 CONGRESSIONAL RECORD — HOUSE April 13, 2005 b 1630 couple by the time we get to 2009. It Lastly, when it comes down to the I believe that the repeal of the death deals with the estate tax issues of 99.7 nuts and bolts of it, whether or not the tax will help accomplish this goal, es- percent of the population. Pomeroy substitute, and again, in the pecially for the farmers and small busi- Those of my colleagues looking at effort to pursue the American dream, nesses in my district. this chart may not be able to see this whether those businesses are going to The death tax costs thousands of jobs tiny red line, because that is what be shielded by the Pomeroy substitute each year; and by repealing this unnec- three-tenths of 1 percent represent or not shielded, the fact is that as long essary tax, jobs will be created and with looking at the total population, as the tax is on the books, as long as many small business owners will be three out of 1,000, and we know that on Congress draws some line in the sand, able to add workers to their payrolls. average those estates are going to av- and that is all we are doing with the As a Member who represents a sig- erage $15 million. substitute, is just some arbitrary line, nificant farming sector, I have seen the So for three-tenths of 1 percent we we are still going to have those family death tax destroy some family farms. offer an alternative that has no capital businesses that are going to be taking Without a doubt, death taxes hurt our gains, that is one-quarter of the cost, some of their resources and these con- farmers and our ranchers by forcing that immediately phases in estate tax voluted schemes, legal, but efforts to family farms to sell land, buildings or relief and is far and away the superior avoid the tax. equipment needed to operate their way to go. All or nothing gets us noth- Again, we hear a lot about these very ing. Vote Pomeroy, immediate and cer- business in order to pay for this exces- high-profile individuals who have been tain estate tax relief. sive tax. Some family farmers have had successful. I mean, this is the land of Mr. Speaker, I yield back the balance to take out a second mortgage on their opportunity, is it not? I would submit of my time. to my colleagues that the billionaires home to pay for the tax. Mr. HULSHOF. Mr. Speaker, I yield When farms and ranches shut down, and the top of the Fortune 500 lists, myself the balance of the time. those folks have a stable full of lawyers so do the businesses they support, leav- Let me first say, Mr. Speaker, how ing many out of work and leading to a and accountants to create this intri- much I appreciate my friend from cate estate plan to thwart the estate depressed rural economy. North Dakota as we have done this in The time is now to end the death tax. tax. a number of sessions of Congress, and I Not so, and I go back to the original I support the passage of H.R. 8 in order appreciate the tone, and he is a friend to end this unjust, unfair, and ineffi- discussion, that small family in Colum- of mine, and I have a lot of respect for bia, Missouri, the Eiffert family who cient tax burden on our families, busi- him and the intent with which he spends $52,000 a year just to buy term nesses and especially our farming com- comes to this debate. life insurance because they might have munities. Let me answer a couple of points Mr. POMEROY. Mr. Speaker, I be- to face the estate tax. Under the cur- that have been raised in particular, rent law, or probably even under the lieve we are at the end of our time, and first of all, about the tax simplifica- I yield myself the balance of the time gentleman from North Dakota’s (Mr. tion. Tax day is 2 days away, and I am POMEROY) substitute, there is no cer- to close our side. sure taxpayers, in particular small tainty for families like the Eiffert fam- Mr. Speaker, I am feeling a bit like businesses and family farmers, would the man in the middle as we approach ily. appreciate anything that we can do to So I salute my colleague. this debate. There has been some on simplify our tax laws, and I would sub- The gentleman from Illinois (Mr. our side that suggests the Pomeroy mit that permanent repeal of the death EMANUEL), again a colleague of mine on substitute provides too much estate tax does just that. the Committee on Ways and Means, tax relief. Indeed, the amounts are In fact, H.R. 8 is one simple para- said, why are not we debating real re- higher than acceptable. Obviously, we graph, and it reads as follows: ‘‘Section form? Interestingly, there is a lot of have heard from the other side they be- 901 of the Economic Growth and Tax discussion. I am not here to advocate lieve this is too low, but I would say to Relief Reconciliation Act of 2001 shall one particular tax reform proposal be- my friends in the majority, and listen not apply to title V of such Act.’’ Basi- cause we have got this blue ribbon to this carefully, those who approach cally, we repeal the sunset. panel that is happening and looking at this issue with an all-or-nothing men- Now, again, the gentleman from various options. There is a lot of talk tality are likely to get nothing. North Dakota’s (Mr. POMEROY) sub- about the consumption tax, and yet it We cannot tell what is going to hap- stitute, I counted, and I hope I am is notable that, while there may be pen in the year 2010. None of us know. counting correctly, but 40 subpara- support for the idea of a general con- Except there is one thing we know, and graphs and directing accountants and sumption tax, the death tax, by con- look at this chart, the national debt is the like to this subparagraph or that trast, is a tax on nonconsumption. going to exceed $10 trillion, $10 trillion, particular paragraph. We talk a lot, too, about sin taxes. 36 percent above where we are at today, The reason that we are here is be- Why can we not put taxes on alcohol or and this is based upon established cause of complicated and arcane Sen- on cigarettes and the like and whether budget projections. ate budget rules, called the Byrd rule, or not that generates support among Do we really believe that that future that we phase out the death tax for one certain groups. This death tax is a tax Congress is going to sit blithely by and single year. In 2010, it magically dis- on virtue. In other words, if you work let this become implemented? There is appears, and then on January 1 of 2011 hard, you play by the rules, if you not a nickel’s worth of certainty in it springs back to life, and the uncer- scrape together your savings, and, that. And we all know, because as dam- tainty, how would one as an estate again, we as an industrialized Nation, aging as this is to the budget in the planner advise a client when the tax is not only do we have even under the first 10 years, with $290 billion of rev- gone today and comes back again in Pomeroy substitute a 47 percent death enue loss, debt service added, this is a the very next year? By making death tax rate which would be the second $326 billion hit to the budget in the tax repeal permanent, we give tax- highest in the world, but the fact is first 10 years, look what happens in the payers the certainty they need to make that we are not very good at savings second 10 years: $1.3 trillion impact in those long-term financial decisions. and investments. In fact, if you are the second 10 years when we count the The form itself, the blank form I am looking at your 1040 right now, look at value of the debt service. holding here, Form 706, is 40 pages in line eight because it says if you have Do any of us think that we are really length for the estate tax return, 40 been thrifty and you are able to gen- going to allow this to happen in the fu- pages in length, and it comes with a erate a little interest income, guess ture years? handy dandy 30-page instruction book- what, Uncle Sam says put this amount That is why I have advanced a very let. So when one is talking about sim- here because we are going to take our different alternative, entitled certain plification, what better simplification bite of the apple. and immediate estate tax relief, be- would there be than ripping these Permanent repeal of the death tax cause it is certain and it is immediate, pages dealing with the estate tax com- actually rewards virtue. and it deals by taking the estate tax to pletely out of the Internal Revenue Let me just paraphrase a column re- $6 million per couple, $7 million per Code? cently, actually it was some years ago

VerDate Aug 04 2004 02:21 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.090 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1941 but I think republished recently by event that triggers the Federal death faith, support legislation that will put our coun- Professor Edward J. McCaffery. He is a tax. That is why prominent organiza- try further into deficit spending with a tax cut professor who says this: ‘‘As a com- tions such as the Chamber of Com- that will hurt future generations for the unfore- mitted liberal myself, I used to believe merce, National Federation of Inde- seeable future. that the gift and estate tax was essen- pendent Business, American Farm Bu- Mr. HULSHOF. Mr. Speaker, I yield tial to a just society. But as a former reau Federation and a host of other back the balance of my time. estate planner and a scholar in both small business coalition members, rep- The SPEAKER pro tempore (Mr. law and economics, I confess that I was resenting the interest of small busi- SIMPSON). Pursuant to House Resolu- mistaken. The gift and estate tax is nesses and family farms across the tion 202, the previous question is or- quite simply a bad tax, even, and country, support H.R. 8 and oppose my dered on the bill and on the amend- maybe especially, when viewed from a friend from North Dakota’s substitute. ment in the nature of a substitute of- liberal perspective.’’ I urge a ‘‘no’’ on the substitute and a fered by the gentleman from North Da- Professor McCaffrey goes on and ‘‘yes’’ on the underlying bill. kota (Mr. POMEROY). says, ‘‘This is not a supply-side argu- Mr. KIND. Mr. Speaker, I rise today in The question is on the amendment in ment but a moral one. People who die strong support of making estate tax relief per- the nature of a substitute by the gen- with large amounts of wealth have manent so that family-owned farms and busi- tleman from North Dakota (Mr. POM- done three good things for society. nesses can be passed down from generation EROY). They have exercised their talents, to generation. The estate tax should be up- The question was taken; and the rather than living a life of leisure. dated and modernized to reflect both the eco- Speaker pro tempore announced that They have saved, contributing to a nomic growth many Americans have experi- the noes appeared to have it. common pool of capital whose benefits enced in recent years, and the hard work of RECORDED VOTE manifest, for example, in lower inter- millions of entrepreneurs and those just trying Mr. POMEROY. Mr. Speaker, I de- est rates, inure to all. And they have to make a living. These businesses should not mand a recorded vote. refrained from spending all of their be punished for being successful or for simply A recorded vote was ordered. wealth on themselves.’’ having their owners pass away. In fact, Professor McCaffrey across The United States is the land of opportunity, The vote was taken by electronic de- the Capitol some years ago I think be- encouraging free enterprise and rewarding en- vice, and there were—ayes 194, noes 238, fore the Senate Finance Committee trepreneurs. The estate tax should be modified not voting 2, as follows: said, to paraphrase Scripture, the rea- to protect family-owned small businesses and [Roll No. 101] son he changed his mind, I was blind family farms from the threat of having to be AYES—194 but now I see. sold just to pay the tax. Ackerman Filner Menendez If this comes from an unrequited lib- But, Mr. Speaker, H.R. 8 would fully repeal Allen Ford Michaud eral that the estate tax, the death tax, the estate tax for all Americans at a time when Andrews Frank (MA) Millender- Baca Gonzalez McDonald is a bad tax, then I would suggest to all the administration is running record deficits Baird Green, Al Miller (NC) of my colleagues here that it is time to that threaten the futures of our children’s chil- Baldwin Green, Gene Miller, George permanently and completely repeal the dren. As we all know, the estate tax applies to Barrow Grijalva Mollohan Becerra Gutierrez Moore (KS) tax. fewer than 2 percent of all estates, about Berkley Harman Moore (WI) Finally, I would say to my friend 50,000 a year. This bill would initially cost the Berman Hastings (FL) Moran (VA) again, because there has been some dis- Nation’s treasury $290 billion over 10 years. Berry Herseth Nadler cussion about creating a new tax, as This year alone, our budget deficit will ex- Bishop (GA) Higgins Napolitano Bishop (NY) Hinchey Neal (MA) the gentleman knows, the intent of ceed $400 billion. This administration has Blumenauer Hinojosa Oberstar H.R. 8, the underlying bill, is to help turned a projected $5.6 trillion surplus over ten Boren Holden Obey make it easier to pass a family busi- years into deficits totalling $2.6 trillion. How- Boswell Holt Ortiz ness from one generation to the next. Boucher Honda Owens ever, even with these record deficits, we are Boyd Hooley Pallone As we have heard from nonpartisan debating yet another tax cut. Brown (OH) Hoyer Pascrell groups, 70 percent of family businesses With the majority’s policies leading our Na- Brown, Corrine Inslee Payne do not make it to a second generation, tion toward a fiscal train wreck, we should not Butterfield Israel Pelosi Capps Jackson (IL) Peterson (MN) 87 percent of family businesses do not be talking about totally repealing the death tax Capuano Jackson-Lee Pomeroy make it to a third generation, and and instead talk about doing something about Cardin (TX) Price (NC) often the reason cited is because of this the debt tax, which falls upon all Americans. Cardoza Jefferson Rahall very confiscatory punitive tax called Therefore, I am supporting the substitute Carnahan Johnson, E. B. Rangel Carson Jones (OH) Reyes the death tax. being offered by my good friend Mr. POMEROY. Case Kanjorski Ross The fact is that under H.R. 8, if it His legislation will immediately help the small Castle Kaptur Rothman were to pass and become the law of the businesses and family farms by increasing the Chandler Kennedy (RI) Roybal-Allard Clay Kildee Ruppersberger land, the tax rate imposed at death on estate tax exemption to $3 million for individ- Cleaver Kilpatrick (MI) Rush a lifetime of work and thrift is zero uals and $6 million for couples. This meaning- Clyburn Kind Ryan (OH) percent. Under my friend’s substitute ful, common-sense bill will exempt 99.7 per- Conyers Kucinich Sabo amendment, the rate imposed would be cent of all estates from the estate tax. Under Cooper Langevin Salazar Costa Lantos Sa´ nchez, Linda locked in at 47 percent. current law, the tax basis for inherited property Costello Larsen (WA) T. Now I mentioned my personal experi- is ‘‘stepped up’’ to its value at transfer through Crowley Larson (CT) Sanchez, Loretta ence, and I am running our family 2009, which helps farmers and small business Cuellar Lee Schakowsky farm. If a surviving heir chooses not to Cummings Levin Schiff owners who inherit property by reducing the Davis (AL) Lewis (GA) Schwartz (PA) farm and then makes the conscious de- amount of capital gains taxes to which the Davis (CA) Lipinski Scott (GA) cision to dispose of assets, then that is property is subject. Under current law, in Davis (FL) Lofgren, Zoe Scott (VA) a taxable event, but that is a purpose- 2010, ‘‘carry-over’’ basis rules (with a $1.3 mil- Davis (IL) Lowey Serrano Davis (TN) Lynch Sherman ful decision made by the heirs of that lion exemption) replace the ‘‘stepped-up’’ DeFazio Maloney Skelton family business owner. It is not the basis rules, creating burdensome new require- DeGette Markey Slaughter Federal Government requiring the ments and increasing the tax liability for many Delahunt Marshall Smith (WA) death of a family member to be a tax- DeLauro Matheson Snyder of these property-owners. H.R. 8 makes this Dicks Matsui Solis able event. switch permanent and creates more losers Dingell McCarthy Spratt So I would simply say to all of my than winners. The Pomeroy substitute, how- Doggett McCollum (MN) Stark colleagues that death should not be a ever, will retain the ‘‘step-up’’ rules rather than Doyle McDermott Strickland Edwards McGovern Stupak taxable event, period. Under the under- the ‘‘carry-over’’ rules. Emanuel McIntyre Tauscher lying bill of H.R. 8, it would no longer Mr. Speaker, it is our responsibility to avoid Engel McKinney Taylor (MS) be a taxable event. Under the sub- towering deficits and reduce the debt future Eshoo McNulty Thompson (CA) stitute from my friend, individuals generations will inherit. We must give them Etheridge Meehan Thompson (MS) Evans Meek (FL) Tierney above an arbitrary line drawn by this the capability and flexibility to meet whatever Farr Meeks (NY) Towns body, death would continue to be an problems or needs they face. I cannot, in good Fattah Melancon Udall (CO)

VerDate Aug 04 2004 02:21 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.091 H13PT1 H1942 CONGRESSIONAL RECORD — HOUSE April 13, 2005 Udall (NM) Waters Woolsey Messrs. OBEY, MEEHAN and TOWNS Murphy Rehberg Smith (TX) Van Hollen Watson Wu changed their vote from ‘‘no’’ to ‘‘aye.’’ Musgrave Reichert Sodrel Vela´ zquez Watt Wynn Myrick Renzi Souder Visclosky Waxman So the amendment in the nature of a Neugebauer Reynolds Stearns Wasserman Weiner substitute was rejected. Ney Rogers (AL) Sullivan Schultz Wexler The result of the vote was announced Northup Rogers (KY) Sweeney Norwood Rogers (MI) NOES—238 as above recorded. Tancredo Nunes Rohrabacher Taylor (NC) Abercrombie Gibbons Nussle Stated against: Nussle Ros-Lehtinen Terry Aderholt Gilchrest Olver Mr. JINDAHL. Mr. Speaker, on rollcall No. Osborne Ross Thomas Otter Royce Akin Gingrey Osborne Thornberry 101 I was inadvertently detained. Had I been Oxley Ruppersberger Alexander Gohmert Otter Tiahrt present, I would have voted ‘‘no’’. Paul Ryan (OH) Bachus Goode Oxley Tiberi Baker Goodlatte Pastor Pearce Ryan (WI) The SPEAKER pro tempore (Mr. Towns Barrett (SC) Gordon Paul Pence Ryun (KS) SIMPSON). The question is on the en- Turner Bartlett (MD) Granger Pearce Peterson (MN) Salazar Upton Barton (TX) Graves Pence grossment and third reading of the bill. Peterson (PA) Sanchez, Loretta Walden (OR) Bass Green (WI) Peterson (PA) The bill was ordered to be engrossed Petri Saxton Walsh Bean Gutknecht Petri and read a third time, and was read the Pickering Schwarz (MI) Beauprez Hall Pickering Pitts Scott (GA) Wamp Biggert Harris Pitts third time. Platts Sensenbrenner Weldon (FL) Bilirakis Hart Platts The SPEAKER pro tempore. The Poe Sessions Weldon (PA) Bishop (UT) Hastings (WA) Poe question is on the passage of the bill. Pombo Shadegg Weller Westmoreland Blackburn Hayes Pombo The question was taken; and the Porter Shaw Blunt Hayworth Porter Portman Shays Whitfield Boehlert Hefley Portman Speaker pro tempore announced that Price (GA) Sherwood Wicker Boehner Hensarling Price (GA) the ayes appeared to have it. Pryce (OH) Shimkus Wilson (NM) Bonilla Herger Pryce (OH) Putnam Shuster Wilson (SC) RECORDED VOTE Bonner Hobson Putnam Radanovich Simmons Wolf Bono Hoekstra Radanovich Mr. SABO. Mr. Speaker, I demand a Rahall Simpson Wynn Boozman Hostettler Ramstad recorded vote. Ramstad Skelton Young (AK) Boustany Hulshof Regula A recorded vote was ordered. Regula Smith (NJ) Young (FL) Bradley (NH) Hunter Rehberg Brady (PA) Hyde Reichert The vote was taken by electronic de- NOES—162 Brady (TX) Inglis (SC) Renzi vice, and there were—ayes 272, noes 162, Abercrombie Higgins Obey Brown (SC) Issa Reynolds not voting 1, as follows: Ackerman Hinchey Olver Brown-Waite, Istook Rogers (AL) Allen Holden Ortiz Ginny Jenkins Rogers (KY) [Roll No. 102] Andrews Holt Owens Burgess Johnson (CT) Rogers (MI) AYES—272 Baca Honda Pallone Burton (IN) Johnson (IL) Rohrabacher Baird Hoyer Pascrell Aderholt Cuellar Hoekstra Buyer Johnson, Sam Ros-Lehtinen Baldwin Inslee Pastor Akin Culberson Hooley Calvert Jones (NC) Royce Becerra Jackson (IL) Payne Alexander Cunningham Hostettler Camp Keller Ryan (WI) Berman Johnson, E. B. Pelosi Bachus Davis (KY) Hulshof Cannon Kelly Ryun (KS) Bishop (NY) Jones (OH) Pomeroy Baker Davis (TN) Hunter Cantor Kennedy (MN) Sanders Blumenauer Kanjorski Price (NC) Barrett (SC) Davis, Jo Ann Hyde Capito King (IA) Saxton Boyd Kaptur Rangel Barrow Davis, Tom Inglis (SC) Carter King (NY) Schwarz (MI) Brady (PA) Kennedy (RI) Reyes Bartlett (MD) Deal (GA) Israel Chabot Kingston Sensenbrenner Brown (OH) Kildee Rothman Barton (TX) DeLay Issa Chocola Kirk Sessions Brown, Corrine Kilpatrick (MI) Roybal-Allard Bass Dent Istook Coble Kline Shadegg Capps Kind Rush Bean Diaz-Balart, L. Jackson-Lee Cole (OK) Knollenberg Shaw Capuano Kucinich Sabo Beauprez Diaz-Balart, M. (TX) Conaway Kolbe Shays Cardin Langevin Sa´ nchez, Linda Berkley Doolittle Jefferson Cox Kuhl (NY) Sherwood Carnahan Lantos T. Berry Drake Jenkins Cramer LaHood Shimkus Carson Larson (CT) Sanders Biggert Dreier Jindal Crenshaw Latham Shuster Case Leach Schakowsky Bilirakis Duncan Johnson (CT) Cubin LaTourette Simmons Cleaver Lee Schiff Bishop (GA) Edwards Johnson (IL) Culberson Leach Simpson Clyburn Levin Schwartz (PA) Bishop (UT) Ehlers Johnson, Sam Cunningham Lewis (CA) Smith (NJ) Conyers Lewis (GA) Scott (VA) Blackburn Emerson Jones (NC) Davis (KY) Lewis (KY) Smith (TX) Cooper Lipinski Serrano Blunt English (PA) Keller Davis, Jo Ann Linder Sodrel Crowley Lofgren, Zoe Sherman Boehlert Everett Kelly Davis, Tom LoBiondo Souder Cummings Lowey Slaughter Boehner Farr Kennedy (MN) Deal (GA) Lucas Stearns Davis (AL) Lynch Smith (WA) Bonilla Feeney King (IA) DeLay Lungren, Daniel Sullivan Davis (CA) Maloney Snyder Bonner Ferguson King (NY) Dent E. Sweeney Davis (FL) Markey Solis Bono Filner Kingston Diaz-Balart, L. Mack Tancredo Davis (IL) Marshall Spratt Boozman Fitzpatrick (PA) Kirk Diaz-Balart, M. Manzullo Tanner DeFazio Matsui Stark Boren Flake Kline Doolittle Marchant Taylor (NC) DeGette McCollum (MN) Strickland Boswell Foley Knollenberg Drake McCaul (TX) Terry Delahunt McDermott Stupak Boucher Forbes Kolbe Dreier McCotter Thomas DeLauro McGovern Tanner Boustany Fortenberry Kuhl (NY) Duncan McCrery Thornberry Dicks McKinney Tauscher Bradley (NH) Fossella LaHood Ehlers McHenry Tiahrt Dingell McNulty Taylor (MS) Brady (TX) Foxx Larsen (WA) Emerson McHugh Tiberi Doggett Meehan Thompson (CA) Brown (SC) Franks (AZ) Latham English (PA) McKeon Turner Doyle Meek (FL) Thompson (MS) Brown-Waite, Frelinghuysen LaTourette Everett McMorris Upton Emanuel Meeks (NY) Tierney Ginny Gallegly Lewis (CA) Feeney Mica Walden (OR) Engel Menendez Udall (CO) Burgess Garrett (NJ) Lewis (KY) Ferguson Miller (FL) Walsh Eshoo Michaud Udall (NM) Burton (IN) Gerlach Linder Fitzpatrick (PA) Miller (MI) Wamp Etheridge Millender- Van Hollen Butterfield Gibbons LoBiondo Flake Miller, Gary Weldon (FL) Evans McDonald Vela´ zquez Buyer Gilchrest Lucas Foley Moran (KS) Weldon (PA) Fattah Miller (NC) Visclosky Calvert Gingrey Lungren, Daniel Forbes Murphy Weller Ford Miller, George Wasserman Camp Gohmert E. Fortenberry Murtha Westmoreland Frank (MA) Mollohan Schultz Cannon Goode Mack Fossella Musgrave Whitfield Gonzalez Moore (KS) Waters Cantor Goodlatte Manzullo Foxx Myrick Wicker Green, Al Moore (WI) Watson Capito Gordon Marchant Franks (AZ) Neugebauer Wilson (NM) Green, Gene Moran (VA) Watt Cardoza Granger Matheson Frelinghuysen Ney Wilson (SC) Grijalva Murtha Waxman Carter Graves McCarthy Gallegly Northup Wolf Gutierrez Nadler Weiner Castle Green (WI) McCaul (TX) Garrett (NJ) Norwood Young (AK) Harman Napolitano Wexler Chabot Gutknecht McCotter Gerlach Nunes Young (FL) Hastings (FL) Neal (MA) Woolsey Chandler Hall McCrery Herseth Oberstar Wu NOT VOTING—2 Chocola Harris McHenry Gillmor Jindal Clay Hart McHugh NOT VOTING—1 Coble Hastert McIntyre b 1711 Cole (OK) Hastings (WA) McKeon Gillmor Conaway Hayes McMorris Ms. GINNY BROWN-WAITE of Flor- Costa Hayworth Melancon ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ida, Ms. HARRIS, Mrs. DRAKE, and Costello Hefley Mica The SPEAKER pro tempore (Mr. Messrs. COX, FORTENBERRY, TERRY Cox Hensarling Miller (FL) SIMPSON) (during the vote). Members Cramer Herger Miller (MI) and GARY G. MILLER of California Crenshaw Hinojosa Miller, Gary are advised that 2 minutes remain in changed their vote from ‘‘aye’’ to ‘‘no.’’ Cubin Hobson Moran (KS) this vote.

VerDate Aug 04 2004 02:21 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A13AP7.022 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1943 b 1727 woman from Florida (Ms. ROS- committee by a 20 to 13 margin and Mr. RUSH changed his vote from LEHTINEN) is recognized for 5 minutes. should be brought to the floor for a ‘‘aye’’ to ‘‘no.’’ Ms. ROS-LEHTINEN. Mr. Speaker, in vote soon. So the bill was passed. a country that espouses the impor- This critical legislation makes it a The result of the vote was announced tance of protecting the inherent rights Federal offense to knowingly transport as above recorded. of every person, abortion denies the a minor across a State line with the in- A motion to reconsider was laid on rights of our most innocent and vulner- tent that she obtain an abortion in cir- the table. able members, our children. cumvention of a State’s parental con- As legislators, we have the great re- sent or parental notification law. f sponsibility to strive to uphold the CIANA also requires that a parent or, REPORT ON RESOLUTION PRO- truths upon which our great country if necessary, a legal guardian be noti- VIDING FOR CONSIDERATION OF was founded, especially that every indi- fied pursuant to a default Federal pa- S. 256, BANKRUPTCY ABUSE PRE- vidual is entitled to life, liberty, and rental notification rule when a minor VENTION AND CONSUMER PRO- the pursuit of happiness. crosses State lines to obtain an abor- TECTION ACT OF 2005 Abortion is not a sign that women tion, unless one of several carefully Mr. GINGREY, from the Committee are ‘‘free to choose.’’ It is a sign that drawn exceptions is met. A minor who is forbidden to drink al- on Rules, submitted a privileged report women have been abandoned. cohol, to stay past a certain hour or to (Rept. No. 109–43) on the resolution (H. b 1730 get her ears pierced without parental Res. 211) providing for consideration of They have not had the support and consent is certainly not prepared to the Senate bill (S. 256) to amend title ll care that they so desperately need. make a life-altering, hazardous and po- of the United States Code, and for Rather, abortion is the only option of- tentially fatal decision such as obtain- other purposes, which was referred to fered. ing an abortion without the consulta- the House Calendar and ordered to be Abortion is one of the greatest tion or the consent of at least one par- printed. scourges of our time. It is a sign that ent. f we have not met the needs of women. My legislation will close a loophole Women deserve better than abortion. It FLOODING OF THE DELAWARE that allows adults not only to help mi- is a crime against humanity which not RIVER nors break State laws by obtaining an only takes the innocent life of a child abortion without parental consent but (Mr. DENT asked and was given per- but also profoundly alters the life of is also, unfortunately, contributing to mission to address the House for 1 the mother. Women possess dignity and ending the life of an innocent child. We minute.) intrinsic beauty, and abortion tears will close that loophole. Mr. DENT. Mr. Speaker, I rise today them apart at the very core of their I am hopeful that in this 109th ses- to bring to this body’s attention the being. sion of Congress we will be successful terrible natural disaster that has re- I am proud to have had the oppor- in securing the rights of parents once cently occurred in my district in Penn- tunity to join with such dynamic pro- and for all, and I encourage my col- sylvania. On April 2, heavy rains trig- life women as Patricia Heaton, the co- leagues to vote in favor of this bill. gered substantial flooding of the Dela- star of the TV show Everybody Loves We have a great responsibility as a ware River. The river overflowed in Raymond. She is an outspoken advo- Nation to maintain a true reverence various local municipalities. Hardest cate for women and for the protection for vulnerable human life and to con- hit were the small borough of Portland of the rights of the unborn. This past tinue to build a culture of life. I will in Northampton county and the city of week, I met with Patricia while she continue to work to ensure that the Easton, also in Northampton County. was in Washington meeting with Mem- precious gift of life and the dignity of I was back in my district at the time bers of Congress and staff members dis- womanhood are promoted and pro- of the flooding. I toured the water- cussing the crucial need that we have tected at every level. damaged areas extensively, visited as a society to strive to address the f with local residents, and was horrified real challenges facing pregnant women by the destruction and heartbreak that and promoting women-centered solu- RECORD TRADE DEFICITS this disaster has induced. Keep in mind tions to significantly reduce abortion CONTINUE all this occurred less than 1 year suf- and protect women’s health. The SPEAKER pro tempore (Mr. fered from the devastating effects of I am pleased to be associated with or- DENT). Under a previous order of the Hurricane Ivan. ganizations that work to increase pub- House, the gentleman from Oregon (Mr. On April 9, in response to what I had lic awareness of the devastation that DEFAZIO) is recognized for 5 minutes. seen, I wrote a letter to the President, abortion brings to women, men and Mr. DEFAZIO. Mr. Speaker, well, asking him to declare the 15th district their families. These organizations en- congratulations to the Bush-Cheney a Federal disaster area. The Governor sure that the emotional and physical administration. They set another of Pennsylvania also requested this re- pain of abortion will no longer be record yesterday, but it is one I am lief, and I supported him in that re- shrouded in secrecy and silence but certain they will soon eclipse. The quest. I also keep in regular contact rather exposed and healed. United States of America ran the larg- with our State and Federal Emergency This past year, the pro-life move- est 1-month trade deficit in our his- Management officials in order to co- ment has enjoyed many major victories tory, $61 billion. Tens of thousands of ordinate relief efforts. in Congress. We have seen the passage jobs were lost in order to achieve that I urge my colleagues to keep the citi- of legislation protecting the sanctity of record. Whole industries were exported zens devastated by this natural dis- life and addressing the critical needs of to China and other cheap wage coun- aster in their prayers. women. The Partial Birth Abortion tries in order to set that record. f Ban was signed into law by President Congratulations to the administra- Bush. The Unborn Victims of Violence tion. Their trade policy is a tremen- SPECIAL ORDERS Act also passed the House. dous success for those few multi- The SPEAKER pro tempore. Under I have worked together with my col- national corporations who are profiting the Speaker’s announced policy of Jan- leagues here in Congress and with hand-over-fist with these policies, uary 4, 2005, and under a previous order President Bush to defend the intrinsic while tens of thousands of Americans of the House, the following Members rights of all citizens, especially the lose their job and we lose our indus- will be recognized for 5 minutes each. most defenseless. I am pleased to note trial base here at home. f that today the House Committee on In the first 2 months of the year, a the Judiciary held a markup of my bill, $29 billion trade deficit with Com- ABORTION H.R. 748, the Child Interstate Abortion munist China. We are on a par, the The SPEAKER pro tempore. Under a Notification Act, CIANA. It was re- Bush administration is on a path, to previous order of the House, the gentle- ferred favorably as amended out of beat their record trade deficit with

VerDate Aug 04 2004 02:21 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.096 H13PT1 H1944 CONGRESSIONAL RECORD — HOUSE April 13, 2005 Communist China that they set just nese are number one, and we use that States cannot turn a blind eye to war last year, a $162 billion trade deficit money which we borrow from them to crimes. If a soldier lines up civilians in with Communist China last year; a buy goods that used to be produced in front of a pit, My Lai style, and mas- country which pirates products from the United States of America. And sacres them, he would richly deserve, small businesses across America, in- since those are produced nominally by and every self-respecting American cluding a number in my district, both American corporations, that shows would demand, a court martial.’’ She hi-tech, furniture and others; a country growth here at home. further states, ‘‘But, good Lord, by that does not observe international In the meantime, here at home peo- what possible standard can this be laws; a country that the Bush-Cheney ple are unemployed, running up their called murder? Pantano was in the administration told us, ‘‘Oh, please, credit cards, they have lost their jobs middle of a war zone, not a vacation on give us permanent most-favored-nation to unfair Chinese competition, and the Riviera. He had been dodging am- status for those Chinese, and then they that shows what a robust and growing bushes and booby traps for weeks. He will clean up their act. Put them in the economy we have. had seen his comrades killed and World Trade Organization and we will What a disaster this is for the work- maimed. Perhaps,’’ according to Ms. use the force of law against them.’’ ing people of this country. What a dis- Charen, ‘‘he acted too hastily in shoot- Well, they have only chosen to file aster this is for the future industrial ing those Iraqis. But a murder charge? one complaints against the tens of bil- might of the United States of America, Has the Marine Corps gone PC,’’ politi- lions of dollars of products pirated by for our productive capacity. What a cally correct? the Chinese from American firms, and disaster it is going to be when the dol- The Washington Times even wrote an that was for one of the drug companies, lar tanks and oil goes up even more be- editorial on Lieutenant Pantano. They of course. Who else would they go to cause the dollar will have been de- said: ‘‘Lieutenant Pantano is straight bat for? Not the small businesses, not valued so much. out of some romanticized war story. the hi-tech business in my district, not There are so many things wrong with The 33-year-old Hell’s Kitchen native the furniture business in my district, this laissez faire trade policy it is hard left a six-figure salary in New York not the other businesses across Amer- to know where to start, but the Bush City to serve his country. His mother ica. Yet their trade policy is working administration thinks it is working says of him, ‘If he has a fault, it is that just great. just fine because they set a new record he is too idealistic and puts moral re- Now they say two things. Well, if the yesterday, the largest 1-month trade sponsibility and duty to his country dollar just drops a little bit, everything deficit in the history of the United and his men before anything else.’ For will be fine. Well, the dollar has States of America, and they are hoping that,’’ further quoting, ‘‘Lieutenant dropped a lot, and everything is not they beat it every month this year and Pantano faces criminal charges that fine, and the dollar is on the verge of beat last year’s record trade deficit, be- could result in death. dropping one whole heck of a lot more. cause that means jobs are exported, Even when it gets down to the value of and, in the words of the President’s ‘‘At a time when the military is an Indian rupee, it still is not going to former economic adviser, that is a good being stretched, the Pantano case solve the trade problem. Because the thing when we export jobs. It makes sends all the wrong signals to service- classic economic theory is, well, if your the country more efficient. men. Finding a few good men will only get harder and harder if overzealous currency is devalued, then your manu- f facturers will crank things up and your lawyers are permitted to intimidate goods will be bought overseas. That IN SUPPORT OF LT. ILARIO the troops. In an army, that is a losing will not happen for two reasons: PANTANO formula.’’ One, we do not make things anymore, The SPEAKER pro tempore. Under a That a quote from the Washington and many of our companies have previous order of the House, the gen- Times. moved their industrial base to China tleman from North Carolina (Mr. Mr. Speaker, I have put in a resolu- and many more are contemplating JONES) is recognized for 5 minutes. tion, House Resolution 167, to support doing that or being forced to do that, Mr. JONES of North Carolina. Mr. Lieutenant Pantano as he faces these or to Mexico or to other countries Speaker, I spoke last night about a ma- allegations. I hope that my colleagues where they can exploit labor better. rine that I have in my prayers each and in the House will take some time to So, for that reason, it is not going to every night, Second Lieutenant Ilario read my resolution and look into this happen. Pantano. Lieutenant Pantano has situation for themselves. Lieutenant Second, because the Chinese will not served this Nation in great honor in Pantano’s mother has a Web site that I allow our goods in, and they have ille- both the first and second Gulf wars. am encouraging people to visit. The ad- gally pegged their currency to ours, so From my personal experience with dress is www.defendthedefenders.org. their currency is artificially cheap. It him, I know that he is a dedicated fam- falls with the dollar, so we can never ily man and a man who loves the Mr. Speaker, I hope and pray that catch up with the Chinese. And the Corps. when Lieutenant Pantano faces his Ar- Bush administration has refused to do During his service in Iraq last year, ticle 32 hearing on April 25, he will be anything about those illegal actions by Lieutenant Pantano was faced with a exonerated for all the charges. Be- the Chinese, the illegal pirating of U.S. very difficult situation that caused cause, Mr. Speaker, to put doubt in the goods, theft of jobs, illegal currency him to make a split-second decision to minds of our soldiers is to condemn manipulations by the Chinese. defend his life. He felt threatened by them to death. The Bush administration will not do the actions of two insurgents under his Mr. Speaker, I close by asking the anything because a few big companies watch and, in an act of self-defense, he good Lord to please bless our men and and contributors are doing very well had to resort to force. women in uniform, to please bless their over there. It is just to the detriment Two and one half months later, a ser- families, to bless the families who have of the majority of the workers and peo- geant under his command, who never given a child dying for freedom, and I ple here at home in the United States saw the shooting, accused him of mur- ask the good Lord to please help Lieu- of America. der. Lieutenant Pantano now faces tenant Pantano as he faces these They say there is another reason why charges of two counts of murder. charges. the trade deficit is so big, because our Mr. Speaker, what is happening to economy is growing so fast, faster than this young man is an injustice. In a I have written the President of the other economies. That is why we got a combat fitness report, his superiors United States and asked him to please big trade deficit. praised his leadership and talent, and look into this matter. I did get a cour- Well, that is an interesting argu- he was by all accounts an exceptional tesy response back, but no more than ment. So we are borrowing a bunch of marine. that. money from the Chinese, they are now Mona Charen, a respected Wash- I do say as I close, please, God, con- our second largest international cred- ington journalist, wrote the following tinue to bless our men and women in itor, soon to be our largest, the Japa- about this case: ‘‘Obviously, the United uniform.

VerDate Aug 04 2004 04:17 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.099 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1945 PEACEFUL CREATION OF The cost to our Nation’s treasury has Mr. GUTKNECHT. Mr. Speaker, I rise DEMOCRACY IS POSSIBLE been just as staggering. After Congress again tonight to talk about the high The SPEAKER pro tempore. Under a puts the finishing touches on the latest cost of prescription drugs here in the previous order of the House, the gentle- supplemental appropriations bill, this United States relative to what the rest woman from California (Ms. WOOLSEY) war’s total cost will amount to more of the people in the industrialized is recognized for 5 minutes. than $200 billion in just over 2 years. world pay for the same drugs. Ms. WOOLSEY. Mr. Speaker, last Mr. Speaker, $200 billion in 2 years. Recently there was an article in The week Victor Yushchenko, the new Just think about that amount. Ad- Wall Street Journal which talked president of Ukraine, spoke to a joint justed to inflation, the combined costs about how much name-brand prescrip- session of Congress. We were lucky to of the Korean War, the Vietnam War, tion drugs have gone up just in the last have received such a distinguished and the first Gulf War are easily year; and I think in that article they speaker, one who has done so much to eclipsed by the war in Iraq. said over the last 5 years prescription encourage democracy over the last Sadly, a vicious insurgency still drugs have gone up more than twice year, even overcoming a vicious poison plagues the Iraqi people and America’s the rate of inflation. In fact, I think it attack by those who opposed his calls brave soldiers on a daily basis. Yet is more like three times the rate of in- for democratic reform in the Ukraine. President Bush seems to think that ev- flation. These are drugs that have been Mr. Yushchenko led the people of erything in the Middle East is going on the market for a long period of Ukraine through what is called the Or- just fine. Yesterday, the President time, and the research costs were paid ange Revolution. Ukrainian protestors stated, and I quote him, ‘‘More than for a long time ago. bravely rejected an illegal and pre- 150,000 Iraqi security forces have been Recently, I got some research to- determined presidential election and trained and equipped and, for the first gether from some pharmacies in three demanded a new one. time, the Iraqi Army, police, and secu- cities of five of the most commonly Since he took office after winning rity forces now outnumber U.S. forces prescribed drugs in the United States. the second election, Ukrainians have in Iraq.’’ Well, then, here is the ques- First, Lipitor, which is a drug which is been getting serious about fighting cor- tion: Why do our young men and made in Ireland. Every single tablet is ruption, promoting fair competition women continue to remain in Iraq if made in Ireland, and it is exported around the world. The price of a 30-day and demanding transparent govern- the Iraqi people are prepared to handle supply of Lipitor in London, England, ment business relations. Peaceful cre- their own security? Why do our young was $40.88. That same drug in Athens, ation of democracy is possible. men and women continue to die in Greece, was $55.65; and in the United b 1745 staggering numbers if the Iraqi Army, States, $76.41. As I listened to President police, and security forces are trained The next drug here is Nexium, the Yushchenko, I could not help but note and equipped? new purple pill: 30 tablets, twenty mil- the irony that a man who has encour- The flip side of the President’s boasts ligrams, London, $42.23; Athens, $57.09; aged democracy through such peaceful is that the American military presence the United States, $138.06. and nonviolent means had been invited is not helping matters. That is why, We compared the prices of Previcet, to speak to a joint session of the U.S. with the support of 30 of my House col- Zoloft, and Zyrtec. If you add them up, Congress, which is still working with leagues, I have introduced H. Con. Res. the price of those five drugs in London, the White House to create a democracy 35, legislation that calls for the U.S. to $195.95; in Athens, those same five in Iraq through the barrel of a gun. The withdraw its military forces from Iraq. drugs, $231.04; but here in the United irony is that Ukraine, an Eastern Euro- Let me be clear: the U.S. should not States, $507.96. pean holdover from the Soviet Union’s abandon the country it voluntarily in- Why is this important? Well, this Communist bloc, understands the inner vaded; but instead of maintaining a year, according to the head of pharma- workings of democracy better than the military presence in Iraq, we must in- cology at the University of Minnesota, President and Congress of the United vest in humanitarian and develop- Dr. Steve Schondelmeyer, according to States. mental aid that is so crucial in the him, this year, Americans will spend I believe that the war in Iraq flies in peaceful advancement of a young de- $200 billion on prescription drugs. And the very face of democratic govern- mocracy. if you compare what Americans pay for ance. Instead of upholding the tenets of Mr. Speaker, it is time to change di- the same name-brand drugs compared democracy, the war in Iraq has vio- rection in Iraq. We must begin to bring to the industrialized countries around lated democracy’s core principles to a our troops home. It is time to give Iraq the rest of the world, we are paying at degree unimaginable when the U.S. de- back to the Iraqis. If we need some least 30 percent more. In fact, I think clared war in March 2003. In January guidance, I recommend taking a page it may be more like 50 to 75 percent 2005, the Iraqi people held their first out of the Ukrainian playbook on more, but let us take 30 percent. Thirty election in over 50 years, and I con- building a democracy. Because when it percent of $200 billion is $60 billion. gratulate them for their bravery in ac- comes to advancing democracy, I believe if we treated prescription complishing this feat. But the ends do Ukraine seems to understand what drugs the way we treat every other not justify the means. From the very many Members of the U.S. House of product and allowed Americans to have beginning, the President’s case for in- Representatives do not. access to those drugs and those prod- vading Iraq was based on false premises f ucts as we do with other products, you and manipulations of the truth, hardly would see prices in the United States the stuff democracies are made of. REMOVAL OF NAME OF MEMBER drop dramatically. We know now, and many of us knew AS COSPONSOR OF H.R. 513 That is why I have reintroduced a back in 2003, that Saddam Hussein did Mr. BISHOP of New York. Mr. Speak- bill that has passed several times; in not pose a threat to the United States. er, I ask unanimous consent to have fact, we have improved it this year, He never possessed ties to al Qaeda’s my name removed as a cosponsor of made it even safer, the Pharmaceutical terrorist network, and no weapons of H.R. 513. Market Access Act of 2005. I hope Mem- mass destruction have ever turned up The SPEAKER pro tempore (Mr. bers will go to my Web site at in Iraq. In fact, earlier this year, Presi- DENT). Is there objection to the request gil.house.gov, get the facts, take a look dent Bush officially called off the of the gentleman from New York? at these charts, get a copy of the bill, search for the missing weapons of mass There was no objection. and decide to become a cosponsor. It is destruction. These are shameful and f important, because we need to send a truthless grounds for fighting a war message that Americans deserve to that has, so far, cost the lives of more THE PHARMACEUTICAL MARKET have world-class access to world-class than 1,500 American troops and tens of ACCESS ACT OF 2005 drugs at world-market prices, and thousands of innocent Iraqi civilians, The SPEAKER pro tempore. Under a when we do, we will see the prices here not to mention more than 12,000 Amer- previous order of the House, the gen- in the United States reflect more what ican soldiers who have been severely tleman from Minnesota (Mr. GUT- is the average among the industrialized and permanently wounded in the war. KNECHT) is recognized for 5 minutes. world.

VerDate Aug 04 2004 02:21 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.100 H13PT1 H1946 CONGRESSIONAL RECORD — HOUSE April 13, 2005 So I hope my colleagues will join me. leave their civilian jobs for active this season, eight more could be out of Go to my Web site at gil.house.gov; duty. business. For a rural community, there is a lot of information there. We The people of this country need to farms are the foundation of a local have about 70 sponsors right now; we see what policies the Republicans actu- economy. The closure of a single farm would like to get that to 220. Please ally vote for. They talk the talk very means the loss of a customer for many join me in the Pharmaceutical Market well, but they do not walk the walk or local businesses and a reduction of rev- Access Act of 2005. roll the roll for our veterans who have enue for schools, public utilities, and f sacrificed their bodies for this Nation. hospitals in these communities. The SPEAKER pro tempore. Under a Today, the gentleman from Illinois Cindy Lahaye works in a hospital in previous order of the House, the gen- (Mr. EVANS), our ranking member, filed Mamou, Louisiana; and Cindy told me a bill for mental health for our vet- that in this town of 3,500, they are feel- tleman from Ohio (Mr. BROWN) is rec- ognized for 5 minutes. erans. It is clear that they are slipping ing the ripple effect at their rural hos- (Mr. BROWN of Ohio addressed the through the cracks, and we need to pital because the surrounding farming House. His remarks will appear here- focus our attention on how to assist community cannot afford health care after in the Extensions of Remarks.) veterans returning from the war, at this time. This is a problem that be- whether it is economic, whether it is gins with our farmers and affects every f health care, or whether it is to make one of us. ORDER OF BUSINESS sure that they have their jobs and have In my recent conversations, I asked a seamless transition. my constituents for input and sugges- Ms. CORRINE BROWN of Florida. We need to do more than talk the tions on what could be done to provide Mr. Speaker, I ask unanimous consent talk. We need to make sure that our relief for our farming community. to take my Special Order at this time. money follows all of this rhetoric we First and foremost, Mr. Speaker, we The SPEAKER pro tempore. Is there have on the floor constantly about how must reopen important markets that objection to the request of the gentle- we support the veterans. It should not have been closed for various political woman from Florida? be just talk, but it should be our ac- reasons. I had a farmer in Ville Platte, There was no objection. tions. Louisiana, who told me, I have bins full f f of rice, but I am broke. Bumper crops in the past few years have caused PRIORITIES: VETERANS, BANK- The SPEAKER pro tempore. Under a prices to drop, and with a new crop RUPTCY, AND THE ESTATE TAX previous order of the House, the gen- going into the field, there is no place to tleman from Indiana (Mr. BURTON) is The SPEAKER pro tempore. Under a move the surpluses from the past 2 recognized for 5 minutes. previous order of the House, the gentle- years. Iraq, Iran, and Cuba were all (Mr. BURTON of Indiana addressed woman from Florida (Ms. CORRINE some of the largest importers of U.S. the House. His remarks will appear BROWN) is recognized for 5 minutes. rice, and all three of these export mar- hereafter in the Extensions of Re- Ms. CORRINE BROWN of Florida. kets remain restricted. marks.) Mr. Speaker, I rise today to comment Cuba, for example, had resumed im- on the Republicans’ priorities. Many of f porting agricultural commodities from them talk about protecting veterans ORDER OF BUSINESS U.S. farmers because of the provisions and making sure that veterans have in the Trade Sanctions Reform and Ex- the support they need when they re- Mr. BOUSTANY. Mr. Speaker, I ask port Enhancement Act of 2000. A recent turn from protecting this country’s unanimous consent to give my Special ruling by the Office of Foreign Assets freedom in Iraq. Order at this time. Control threatens to derail this re- Today the House passed H.R. 8 to The SPEAKER pro tempore. Is there emerging market. My colleague from make permanent the repeal of the es- objection to the request of the gen- Missouri has introduced a bill that tate tax. This bill will cost the Amer- tleman from Louisiana? could provide immediate relief for the ican taxpayers $295 billion over the There was no objection. rice farmers of my district. H.R. 1339 next 10 years. The cost on the first 2 f amends the Trade Sanctions Reform years could go as high as $1 trillion. and Export Enhancement Act of 2000 to This bill gives a tax break to the TOUGH ISSUES FACING LOUISIANA FARMERS clarify allowable payment terms for wealthiest three-tenths of 1 percent of sales of agricultural commodities and estates, while imposing a new capital The SPEAKER pro tempore. Under a products to Cuba. gains tax on most of us, including previous order of the House, the gen- small business owners and farmers. At tleman from Louisiana (Mr. BOUSTANY) b 1800 the same time, the Republicans passed is recognized for 5 minutes. I am proud to cosponsor this bill, and a budget that calls for $800 million in Mr. BOUSTANY. Mr. Speaker, I rise I pledge my support for this legisla- cuts to the VA over the next 5 years. today on behalf of the farming commu- tion. Clearly, the Republicans are at- nity of southwest Louisiana. During Secondly, taxpayer dollars dedicated tempting to balance the budget on the the March district work period, I held to the United States Agency for Inter- backs of the veterans. community meetings in all eight par- national Development and the PL 480 Tomorrow, this same House will vote ishes of my district to discuss issues program should be used to purchase on bankruptcy legislation that does facing my constituents. At each meet- U.S. commodities and not foreign food. not protect our veterans. Many of our ing, farmers and their families filled The program serves two purposes. One, servicemembers, especially the citizen the rooms to ask for help. it provides emergency and non- soldiers of the Guard and the Reserve Farming in Louisiana is not just a emergency food aid to countries in forces, face terrible financial problems job for these men and women, Mr. need; and, secondly, the program helps because they do not qualify for a nar- Speaker. They love the land that they American farmers since the money is row protection of debt incurred while work, and they want to ensure that used to purchase American agricul- on duty if S. 256 becomes law. their livelihood is preserved for genera- tural products. Since 9/11, approximately half a mil- tions to come, but they are struggling Wynn Watkins of Jefferson Davis lion Reservists and Guardsmen have to survive. Unless Congress can come Paris, Mr. Speaker, told me this. Con- been called to active duty, some more to their aid, these farmers may not be gressman BOUSTANY, he said, all we than once. Hundreds of thousands of in business by the end of the year. have here is rice. It is the busiest time Reservists and National Guardsmen are Let me give some examples. Steve of the year for us, and we all came out currently activated in support of the Broussard is a banker in my district of our fields to hear you speak today. ongoing military operations. According and Steve works with farm loans for We are being asked to send our boys to to the National Guard, four out of 10 local growers, and he told me four rice Iraq and Iraq cannot take our rice. members of the National Guard and farmers in our district have been forced Where is the justice in that? I agree Reservist forces lose income when they to quit already this year. By the end of with Wynn Watkins, Mr. Speaker.

VerDate Aug 04 2004 02:21 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.102 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1947 USAID’s budget proposal would care cost that is rising close to three But the American people are on to transfer $300 million of the agency’s times or four times the rate of infla- what is happening. They know that we $1.2 billion of food aid funding for 2006, tion. need to deal with this because we can- and the transferred funds would be Now, last Congress, Democrats and not continue to subsidize the rest of used to purchase foreign food for emer- Republicans came together, not be- the world, both on the research side gency relief. As a member of the Com- cause it was a Democratic idea or not and on the price side; and that is what mittee on Agriculture, I am opposed to because it was a Republican idea, be- is happening. this transfer. cause it was the right idea, to offer re- We know it is safe because over a Third, we need to improve the importation of pharmaceutical prod- million seniors a year go over the bor- counter cylical payment process. A ucts, allowing people to go to Canada der to Canada. We turn them into ille- higher-than-expected final price for and go to Europe to buy pharma- gal drug runners. Go over the border to rice in 2004 significantly reduced last ceutical products that are 50 percent Canada and a billion dollars worth of year’s payments. Many farmers mis- cheaper than they are here in the trade and get their pharmaceutical takenly based their budgets and capital United States, or go to England, go to products, and not one of them has ever investments on information found on Ireland. gotten sick. the National Agriculture Statistics All over Europe and Canada the same But what we are talking about is drugs that we find on our shelves at Service Web site. The number had not bringing Canadian cattle that we know our local pharmacy are 50 or 40 percent been adjusted for 3 months, and the is tainted, some of it, with mad cow or 60 percent, depending on what you USDA and the NASS need to reform disease. Now that we allow in. Access- want, cheaper than they are here. I their calculation and communication ing pharmaceutical products in Can- have on my Web site in my congres- strategies to avoid future such inci- ada, Lipitor, other drugs on the Cana- sional office a Costco in Chicago and a dents. I have asked Secretary Johanns dian market that is 50 percent cheaper, Costco in Toronto. And the same to look into this, and I urge him to be that is against the law. That policy has Costco, we compared the same pharma- flexible with the farmers who must been brought to you by the United ceutical products most used by senior repay these advances. States government. citizens for arthritis, blood pressure, Fourth, rising fuel prices and the other types of medications they need. It is time to allow Democrats and Re- surging cost of fertilizer have nearly And the Costco in Canada offers, on av- publicans to come together to bring doubled the cost of production for the erage, 52 percent savings for the same common sense policies and the prin- farmers in my district. We must pass a products that you could buy at Costco ciples in government to work. Prin- long-term, comprehensive energy pol- in Chicago. ciples in business, businesses always icy. Abundant, affordable and reliable We are separated by a little over 200 allow competition. They find the energy is critical, critical to the suc- miles. But they saved 50 percent on cheapest price they can. We can get cess of our agriculture industry. their needs of their medications, cheap prices and stop having the tax- And, finally, we must honor the whether it is Lipitor or other type of payer subsidize too high a price. promises made to our farmers in the products. And why? Because it is the My colleague, the gentleman from 2002 farm bill. Larry Sarver, from only product in this country that is a Minnesota (Mr. GUTKNECHT), and I have Crowley, Louisiana, told me that in closed market, forcing American con- introduced this legislation. Other 2002 he had a 6-year agreement with sumers to pay a 50 percent premium for Democrats and Republicans are on it. the Federal Government and he made the products that their dollars spent And, again, it is not about politics. It budget and capital investment deci- paid for the research. is not about partisanship. In the last sions. We need to protect this farm bill. We developed those drugs here in this Congress, 88 Republicans and 153 Demo- f country. We gave a tax credit to these crats came together, passed it, not RISING PHARMACEUTICAL PRICES companies to develop those pharma- once, not twice but three times. We ceutical products, and we have the du- will do it against this year. The SPEAKER pro tempore (Mr. bious honor to pay a 50 percent pre- f DENT). Under a previous order of the mium over Canada and Europe. So The SPEAKER pro tempore. Under a House, the gentleman from Illinois what has happened is that the Amer- previous order of the House, the gen- (Mr. EMANUEL) is recognized for 5 min- ican senior citizens, the American tax- tleman from Texas (Mr. BURGESS) is utes. payers, are subsidizing the poor, starv- Mr. EMANUEL. Mr. Speaker, my col- ing French and German and Swiss and recognized for 5 minutes. league, the gentleman from Minnesota Dutch. We have got to come to an end (Mr. BURGESS addressed the House. (Mr. GUTKNECHT) was up here a mo- to this and allow people to have the ac- His remarks will appear hereafter in ment ago talking about the price of cess to the free market. the Extensions of Remarks.) pharmaceutical products and how they We are going to negotiate and discuss f have been rising and increasing and China trade, other types of trade deals ever going up, three, four times the where everybody here is going to talk ORDER OF BUSINESS rate of inflation. about free trade except for one product. Mrs. BIGGERT. Mr. Speaker, I ask There was this report done by AARP What? Pharmaceutical products, the unanimous consent to take my special the other day that was covered in USA product on which the United States order at this time. Today and on the news about how phar- pays more than it does on television, The SPEAKER pro tempore. Is there maceutical prices had in the last year more than it does on consumer elec- objection to the request of the gentle- gone up close to about three times the tronics, more than it does on food, woman from Illinois? rate of inflation. more than it does in other areas. Why? There was no objection. The truth is, over the last 5 or 6 Because we have a closed market. years pharmaceutical products have What we are trying to do, Democrats f gone up somewhere close to four times, and Republicans are trying to allow IN RECOGNITION OF HERMANN A. three times the rate of inflation. And the principles of the free market to every one of us know people in our dis- work, bringing competition and choice GRUNDER trict who go to get their prescriptions to bear. If you did that, then the Amer- The SPEAKER pro tempore. Under a filled. They got them last month or ican consumer and taxpayers would see previous order of the House, the gentle- they got them 2 months ago, same a dramatic drop in their prices. And we woman from Illinois (Mrs. BIGGERT) is pills, same amount of dosage, nothing are not being allowed to vote on that. recognized for 5 minutes. different, and the price is up 40 bucks. Why? Because the pharmaceutical in- Mrs. BIGGERT. Mr. Speaker, I rise And there is nothing to explain how dustry is giving you the best govern- today to honor a man whose spirit and that went up $40. And senior citizens ment they can buy. They have stopped dedication to the world of science in- who are on a fixed income, families us and the ability to bring that vote. If spired him to give more than four dec- who are on a fixed income and they we did, we would pass that vote here. ades of tireless service to the Nation as have a sick child cannot afford a health We would pass it in the Senate. a scientist, administrator and a leader.

VerDate Aug 04 2004 02:21 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.107 H13PT1 H1948 CONGRESSIONAL RECORD — HOUSE April 13, 2005 This week Dr. Hermann A. Grunder Under his leadership, Argonne re- untary service is involuntary. He has will retire as Director of Argonne Na- viewed ongoing research in the after- been sentenced to serve. The ugly truth tional Laboratory, a leading Depart- math of September 11 and identified of the matter is simply this: He is ment of Energy science laboratory that many potential ways this research forced to serve at the whim of Rums- I am proud to say is located in my con- could improve our homeland security. feld potentially until Christmas Eve in gressional district in Illinois. I have Since then, Argonne has contributed to the year 2031. Emiliano Santiago had the privilege of working closely hundreds of research initiatives de- signed up in 1996. He has been sen- with Dr. Grunder over the course of the signed to anticipate, detect and tenced to 35 years of service under Mr. last 5 years during his tenure at Ar- counter terrorist acts. Rumsfeld. gonne, and so I speak with personal It came as no surprise in 2004 when knowledge and affection when I say Energy Secretary Spencer Abraham b 1815 that Hermann has left an indelible chose to honor Dr. Grunder’s career He is now subject to the whim of Mr. stamp on Argonne, the quality of life with the DOE laboratory system by Rumsfeld. He will be in his fifties be- in my district, the DOE complex and presenting him with the Secretary of fore he can escape from Mr. Rumsfeld’s the Nation. Energy’s Gold Award in recognition of grasp. There is no doubt that he has created his tireless engagement on issues of na- Do you think anyone told Emiliano a positive and lasting legacy, both na- tional importance, including nuclear what he was getting into? Not a tionally and internationally, and I energy, national security and inter- chance. Welcome to the myth of the would like to take this time to pay national user facilities. voluntary military service under Don- tribute to his many achievements and The DOE and the Office of Science ald Rumsfeld. He cannot find enough wish him well on the occasion of his re- recognized how extremely lucky they soldiers so the Pentagon is forcing tirement. were to have a true champion like Dr. those already in service to stay wheth- Dr. Grunder first entered the DOE Grunder on their team for so long; and er they want to or not, whether they system in 1959 at Lawrence Berkeley we in Illinois were very, very lucky to have jobs, family, or plans of their Laboratory in California. After a short have had such an outstanding profes- own. break to complete his Ph.D at the Uni- sional at the helm of one of our two Emiliano is owned by Mr. Rumsfeld. versity of Basel in Switzerland, he re- outstanding labs for the last 5 years. Welcome to the volunteer Army. They turned to Berkeley as a physicist in Mr. Speaker, Dr. Hermann Grunder call it stop-loss. It is an involuntary 1964 and has served the Nation ever has contributed greatly to the DOE military service. Just ask Emiliano since. At Berkeley, his scientific excel- laboratory complex, my district, and and 50,000 other U.S. soldiers. Yes, lence, vision and leadership earned him the State of Illinois and our Nation. 50,000 soldiers who signed up in what executive positions of increasing re- His commitment and industrious ef- they thought was a voluntary military sponsibility. forts as a public servant serve as an in- cannot now voluntarily leave the mili- In 1985, he left Berkeley to become spiration to us all. I know that his tary at the end of their commitment. the first Director of the Thomas Jeffer- presence at Argonne will be greatly Stop-loss is Rumsfeld’s legalese for a son National Accelerator facility in missed, but I am confident that with backdoor draft. It is legal, real; and do Virginia, which he helped to build from his abundant energy and zeal for not let anyone, especially military re- the ground up literally. Today, the Jef- science he will continue to do great cruiters, tell you otherwise. ferson lab is one of the Nation’s leading things in the scientific community for A recruiter signed up Emiliano. The accelerator laboratories. years to come. recruiter was saying, Sign up here for 8 In 2000, Dr. Grunder became Director Today I congratulate Dr. Grunder on years. He never explained to me of the of Argonne. The first thing I noticed his retirement and wish him all the possibility of stop-loss. No one told when I met Hermann was his energy best in his many future endeavors. Emiliano of the backdoor draft. And and enthusiasm for science. It is infec- f Americans are just finding out about tious. As a long-time member of the the recruiter provision found in the No Committee on Science and chairman of SENTENCED TO SERVE Child Left Behind Act. Or as I call it, its Subcommittee on Energy, I have The SPEAKER pro tempore. Under a No Child Left Un-recruited. High had the good fortune of meeting many previous order of the House, the gen- of the Nation’s most talented sci- tleman from Washington (Mr. schools must turn over high school stu- dent contact information or lose fund- entists; and I can say without a doubt MCDERMOTT) is recognized for 5 min- that Hermann’s passion for science and utes. ing. Now, there is the makings of the his dedication to DOE’s system of na- Mr. MCDERMOTT. Mr. Speaker, I voluntary Army. tional laboratories stands out among rise to alert the American people to Rumsfeld has unlimited power to the crowd. the case of Emiliano Santiago. His keep you in the military, and the mili- As Argonne’s 10th Director, Dr. case, his plight should be known and tary now has unlimited access to your Grunder strengthened the laboratory feared by every high school junior and son and daughter. Forget about any by renewing senior management at the senior across the country, as well as right to privacy. This is America under highest level and grooming the labora- every parent and every guardian. Republican leadership. If you are in tory’s next generation of leaders. Emiliano Santiago is a 26-year-old high school right now, the military has Through his active efforts to encourage soldier from Seattle who proudly and your name, your address, and your strong research ties between Argonne bravely served his country for 8 years phone number. If you are in Rumsfeld’s and regional universities and Fermilab, immediately following high school. His military, he has you for decades. It is Dr. Grunder greatly enhanced the Mid- 8-year commitment to the United the new Republican definition of fam- west’s reputation as a world center of States military was up a few months ily planning. Ask Rumsfeld what you advanced scientific research and devel- ago, or at least so he thought. That is are doing for the rest of your life. opment. These collaborations are ex- when Emiliano Santiago discovered It is wrong and it is not working. Re- pected to trigger new scientific, tech- that Secretary Rumsfeld’s secret back cruitment in the Army National Guard nological and economic benefits for Il- door draft existed. Despite 8 years in plunged 31 percent in February and an- linois and the Nation, while providing the military, despite fulfilling his com- other 12 percent in March. The word is students from Illinois and around the mitment to his country, Emiliano can- spreading. America’s all-voluntary world with a greater role in research at not leave the military. Emiliano military has been replaced by Rums- Argonne. Santiago cannot leave the military feld’s sentence-to-life military. While at Argonne, Dr. Grunder this week, this month or any year in I served my country as an officer in emerged as an international advocate the future for some time to come. the United States Navy. I am proud of for safe, proliferation-free nuclear en- Emiliano Santiago cannot leave the my military service and proud of any- ergy, a strong steward of DOE’s unique military this decade or the next dec- one who serves America in the mili- user facilities at our national labs, and ade. tary. But today’s honor and duty are a keen supporter of biosciences and The ugly little secret in the Pen- being distorted into recruiter mandates technology’s role in homeland security. tagon is that Emiliano Santiago’s vol- to find more bodies. The National

VerDate Aug 04 2004 02:50 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.109 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1949 Guard is adding another 1,400 recruit- to help rebuild Nagapattinam, a small Students at Wescott School in North- ers. shoreline town in Southeast Asia brook raised $2,700 for UNICEF. I want to be clear about this. Do not where their school custodian is from. Countryside Montessori School in blame the recruiters. It is not their Students at Loyola Academy and Re- Northbrook raised $1,200 for the Amer- fault. They are doing what good sol- gina Dominican High School in ican Red Cross through a coffee and diers do: follow orders. Being a re- Wilmette raised a combination of bake sale. cruiter used to be a plum job, reserved $14,000 for their relief efforts. Eighth grade classes at Field School for only the best of the best. They were Deerfield High School students raised in Northbrook raised $1,000 for the soldiers who were models for American $3,500 for the American Red Cross American Red Cross. military pride. But Rumsfeld has through bracelet sales. Elm Place School in Highland Park turned them into overworked, over- Student council and Model U.N. orga- collected school supplies to fill 166 bags stressed, overzealous representatives nizations at Fremd High School in Pal- sent to students in Phuket, Thailand. with quotas to fill and truth to stretch. atine raised over $500 for UNICEF. Fifth graders at Lincoln School in I want the U.S. military at its finest. Highland Park High School’s Key Highland Park organized a bake sale I want recruiters back to what they Club and Transitional Program of In- netting $900 for the relief effort. can be: role models for America wheth- struction raised $570 for UNICEF. Jefferson School in Hoffman Estates er someone chooses to join the military Students organizations from raised $2,200 from a wristband sale for or whether decides instead to be proud Glenbrook North High School in North- tsunami victims. of the military. brook organized a 2-day fundraising In Libertyville, Copeland, Highland, We are not doing that today. We are drive that raised $10,000 for the Amer- Adler, Butterfield and Rockland ele- taking names of literally every high ican Red Cross. mentary schools raised $1,500 for relief school student in America. Demand Students from Glenbrook South High efforts. that the No Child Left Behind Act School in Glenview raised over $8,000 Winkleman Elementary School in apply only to education and not to re- for the American Red Cross. Glenview raised $2,000 through a rum- cruiting. Until then, get the paperwork The Service Over Self Club at John mage sale that will go to Heifer Inter- and opt out, either for yourself or your Hersey High School in Arlington national. In addition, third grade class- kid. You can find it at Heights raised $1,500 for the Red Cross. es at the school raised $780 for the www.militaryfreezone.org. Let me give The student council and Red Cross American Red Cross and made 45 fleece it again: www.militaryfreezone.org. Club at Lake Forest High School orga- blankets for orphanages. Take back your right to the personal nized homeroom competitions and a Kindergarten, first, and second grade privacy that used to be guaranteed by number of themed events and dances classes at Lyons School in Glenview your government. Emiliano Santiago is raising $5,000 for the Red Cross. collected $3,200 for the American Red looking forward to Christmas Eve 2031. The Student Council at Libertyville Cross. That is when he is finally out of Rums- High School raised nearly $5,400 for Students at Hawthorn Schools in Vernon feld’s grasp. We used to have a vol- Oxfam USA/International. Hills organized a district-wide bracelet sale untary military. Now we have Rums- New Trier High School in Winnetka raising $12,000 for tsunami victims. feld’s military. It is a sentence to initiated a bracelet, pizza and bake Deerpath Middle School in Lake Forest serve. sale, along with a study-a-thon netting raised over $1,600 for the American Red f over $10,000 for relief efforts. Cross. At Rolling Meadows High School the The Lake Forest Country Day School held a ILLINOIS TENTH DISTRICT student council, National Honors Soci- dance marathon raising $6,000 for the tsunami STUDENTS AID TSUNAMI VICTIMS ety, and Students Of Service raised relief. The SPEAKER pro tempore (Mr. $2,000 for the Red Cross during their 2- In addition, students Ian and Lane Mankoff DENT). Under a previous order of the week fund raising effort and also col- of Lake Forest raised $15,000 for the relief ef- House, the gentleman from Illinois lected clothes, blankets, and other es- fort through a hot chocolate fundraiser. (Mr. KIRK) is recognized for 5 minutes. sentials. St. Theresa School in Palatine raised Mr. KIRK. Mr. Speaker, I rise today In Lincolnshire Stevenson High $6,400 for tsunami victims. to recognize the efforts of schools in School, they had a Penny Wars com- Mr. Speaker, the schools and students I the Tenth Congressional District of Il- petition among freshmen, sophomore, mentioned have taken up the challenge of linois who together raised over $600,000 junior, and seniors classes who col- service with honor while representing their for tsunami victims halfway around lected $5,300 for the American Red communities with distinction. I am honored to the world. Cross. represent these schools that have shown the Student councils, community service Vernon Hill High School raised $3,500 desire to make a difference in the lives of clubs, entire students bodies from all for efforts with Best Buy matching those ravaged by the tsunami. They not only around our district have held fund- their donation with $7,000 more. represent the best of our communities, but raising events and collections in ongo- In Gurnee, Warren Township High they are what makes our country strong. ing efforts to benefit the American Red School’s student council sponsored two Thank you for the opportunity to recognize Cross, UNICEF and countless other re- fundraisers netting $400 for the Cooper- these outstanding student and schools of the lief organizations. ative for Assistance and Relief Every- 10th district of Illinois. I want to highlight the work of Dan where, CARE International. All of these efforts I think exemplify Klein, who attends St. Viator High Elementary school children in my the best that is in the American spirit. School in Arlington Heights, Illinois, district also made substantial con- And it is so heartening to see the who set out modest goals for his work. tributions. youngest Americans giving the most, Daniel took $300 of his own money and First through eighth graders at Holy showing people across the world that with some help from his parents or- Cross School in Deerfield raised $2,000 they have never met what Americans dered 1,000 red rubber bracelets with for tsunami relief efforts in conjunc- can do. ‘‘Students for Relief’’ embedded on tion with Catholic Charities Week. f them. Thinking he could send a small Ariana Michel and Gabrielle Feldman donation to the battered region from of South Park Elementary School in HONORING ULYSSES BRADSHAW bracelet sales, Daniel’s efforts led to Deerfield raised $2,000 themselves in KINSEY anything but small. He has sold over just 2 days selling bracelets. The SPEAKER pro tempore. Under a 450,000 bracelets via his Web site, In Northbrook, Westmoor, previous order of the House, the gentle- www.studentsforrelief.com, and raised Greenbriar and Meadowbrook elemen- woman from California (Ms. WATSON) is over $500,000 for tsunami victims. tary schools raised over $2,000 for the recognized for 5 minutes. Many other young people across my Red Cross. Ms. WATSON. Mr. Speaker, I rise to district exemplify American gen- Northbrook Junior High School stu- pay tribute to a recently deceased erosity. Prospect High School students dents raised $5,000 for the tsunami ef- great American, Ulysses Bradshaw in Prospect Heights raised over $500,000 forts. Kinsey.

VerDate Aug 04 2004 02:50 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.111 H13PT1 H1950 CONGRESSIONAL RECORD — HOUSE April 13, 2005 As a boy, Mr. Kinsey grew up on a also for all children in West Palm blown up. But, again, there is general large farm where he shared responsibil- Beach County. improvement, but they both said the ities with his older siblings. Mr. His impact on his community also in- January 30 elections were truly a wa- Kinsey’s values of fairness, compas- fluenced many others beyond the chil- tershed event. Since that time, there sion, and personal integrity were dren who became part of the Palmview has been a definite qualitative shift in learned from his father and mother. He family. His work as a community orga- what is happening in Iraq. closely observed and admired his be- nizer and leader began in the early I thought I would just point out some loved father’s fair treatment of people 1940s. U.B., along with other African of the things that we were told and regardless of race and stature. He also American educators, employed some of the things that we observed. admired his mother for her kindness Thurgood Marshall and he was success- General Casey said, and General and compassion towards others. This ful in bringing integration of the Petraeus as well, that by the end of the strong foundation would become the teachers and giving them the back pay year Iraqi troops should be out in front basis for Mr. Kinsey’s personal and pro- they deserved. in all concentrations in Iraq. They fessional values. His contributions are countless to would have, in many cases, U.S. While attending Florida A&M, he education and he serves as a role model backup, but there are right now several met and married his wife of 63 years. for others and leaves a very rich leg- areas of Iraq that are totally con- With their children they were loving acy. trolled, with no U.S. backup, by Iraqi and unfailing in their devotion. Mr. f forces. So the training of the Iraqis has Kinsey believed that the best way to been excellent. love his children was to love their POSITIVE IRAQ WAR EFFORTS The Iraqi intelligence is improving. mother. He encouraged independence of The SPEAKER pro tempore. Under a Many Iraqis are now coming forward action and attitude while loyally sup- previous order of the House, the gen- with information regarding insurgents porting them and allowing them to de- tleman from Nebraska (Mr. OSBORNE) is that were not coming forward before. velop in directions of their own choos- recognized for 5 minutes. The attacks have been reduced, and the ing. Mr. OSBORNE. Mr. Speaker, so often Iraqis are certainly much more con- At the same time, he set well-defined when we hear of events in the Middle fident of their future. limits that were firm and consistent. East the reports are negative, some- Apparently, many of the Sunnis are Mr. Kinsey’s focus on the individual de- times even the discussion on the floor regretting not having participated in velopment and welfare of each child reflects a great deal of negativism. the elections, and at this point they are beginning to volunteer for the was transferred to his professional life b 1830 in a long distinguished career as an ed- army, for the police, which was some- ucator. In 1941, he began his career as a Recently, I led a delegation to Jor- thing that was unheard of a few social studies and history teacher at dan and Iraq and later to Germany. months ago, and the Sunnis are press- his high school alma mater. By 1943, he Matter of fact, we just returned yester- ing to get a place at the table in the became assistant principal and also day. And I thought I would report on new government. served as school treasurer, junior class what I saw there because so often sol- There is no shortage of Iraqi recruits sponsor, and athletic director. diers say we really wish you would go apparent at the present time. There are In September of 1950, at the birth of back and tell the American people the roughly 100 battalions of army Iraqis, his sixth child, Mr. Kinsey became war we are fighting and not the one 152,000 total have been trained and principal of Palmview Elementary that they see on television or in the equipped, 85,000 police, 67,000 members School, formerly an industrial high newspapers. of the army. The Iraqis have been pro- school. And by 1953, he had earned his So, on previous trips, I had been vided with up-armored vehicles, body masters degree in education and super- amazed at how positive the morale armor, about 130,000 sets. So they are vision from Florida A&M college. He was. Everyplace that I went, soldiers well over halfway to their goal of also attended Lincoln University Law seemed to be rather upbeat, pulled to- 270,000 Iraqi soldiers trained. School in St. Louis, Missouri, during gether, seemed to have a sense of mis- Also, the Iraqis are performing much his summer vacations and completed sion. better, whether they are policemen or his legal education. As we flew into the Al Asad, which is soldiers. The recent instigation or up- Although Mr. Kinsey decided to be- a somewhat remote base about 90 miles rising in downtown Baghdad by al come an educator partly because of the west of Baghdad out in the desert, ex- Sadr, where we have several thousands financial demands of a growing family, treme cold, no vegetation, no trees, no of his supporters demonstrating, it was he never regretted that decision; and grass, as we landed there in the dust well-orchestrated, but the thing that that decision was a fortunate one for and the sand, I thought, this is the we did not hear was that whole situa- the thousands of children who passed place where we are going to see some tion was controlled by Iraqi police, through Palmview’s doors during Mr. people who are really pretty negative with no U.S. backup, and so we find Kinsey’s long tenure as a principal. about what is going on, and I was real- that they are much in control of the As a leader, he focused on two rudi- ly surprised. situation. ments of education, one, critical think- There were 180 Nebraskans from my We also had a chance to talk to Mr. ing through the development of reading home State there. That is why I went al Jafari, the prime minister. When we and writing skills, and quantitative there. They had not had a CODEL there asked him what he wanted to say to reasoning. His emphasis on these edu- for at least 9 months, maybe never the American people, he had just been cational basics may explain why there. And again I saw the same thing, installed as prime minister the day be- Palmview Elementary School, an insti- a sense of accomplishment, a real sense fore we saw him, he said, the thing I tution located in an inner-city commu- of pride in what they were doing. I would like to say is we owe a debt of nity with an 86 percent African Amer- pressed them, and I talked to them, gratitude to the United States and par- ican student population, was so hotly and I still got no negative comments ticularly for the loss of soldiers. He pursued by suburban parents during and no major complaints. said, when you sent your soldiers over the early turbulent days of integration We went on down to Baghdad, and we here and the sacrifices they made, it is in the South. talked to General Petraeus, who is in something we can never forget, and Palmview, an educational oasis, was charge of training the Iraqi soldiers, that we will always be grateful for. distinguished from other schools by its and General Casey, who is in charge of We asked him if he would have an in- clean, safe environment, intensive the overall command there. General clusive government, if he would in- extra-curricular activities in art and Casey made the point that the infra- clude the Kurds and Sunnis and Shi- music and computers in the class- structure still needs improving. Obvi- ites. He said he would, and that re- rooms. ously, the electricity is better, but it is mains to be seen, because he is linked With a calm, careful demeanor, Mr. still not working all the time. Sewage with a very conservative Islamic Shiite Kinsey led the way academically, not at times is not what it should be; and, party that has some ties to Iran. So I only for African American children but at times, their oil pipelines are getting guess the proof will be in the pudding,

VerDate Aug 04 2004 02:50 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.113 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1951 and we will see what he does. He was One of these guns was the Bushmaster Victims who survive suffer years of very cordial, nice and intelligent; and, used in the D.C. sniper cases. The D.C. rehabilitation costing hundreds of of course, they have a President at the sniper killers were allowed to get their thousands of dollars. My son was in- present time, a Kurd named Talabani. hands on a gun because of this store’s jured 11 years ago and is still going We also were heartened by the negligence, but this legislation would under physical therapy to be able to progress women had made in Iraq, be- get Bull’s Eye Shooter Supply off the keep what he has. cause at the present time every third hook from any legal action. By the The average cost of each firearm fa- name on the ballot last January 30 was way, the victims were able to sue tality, including medical care, police a female name. So we will have about Bull’s Eye and win a court judgment. services and lost productivity is almost 80 representatives of the 275 member Fortunately, there was a lawsuit $1 million a year. This Nation has to delegates to the constitutional conven- against Bull’s Eye and Bushmaster, start looking at the gun violence. We tion. and part of the settlement was Bush- can do this without the right of gun So, all in all, Mr. Speaker, we think master agreeing to work with its deal- owners being taken away. Wake up, things are better. They are not perfect, er to promote safer sales practices to America. but it is heartening to see the progress prevent incidents of negligence. That is f that has been made. one of the tools of being allowed to sue, TRADE IS THE WAVE OF THE f to make manufacturers, to make peo- ple responsible for their products. FUTURE GUN LIABILITY LEGISLATION This legislation would have required The SPEAKER pro tempore. Under a The SPEAKER pro tempore (Mr. the immediate dismissal of the lawsuit previous order of the House, the gen- DENT). Under a previous order of the against Bull’s Eye. tleman from California (Mr. DREIER) is House, the gentlewoman from New The gun industry must be subject to recognized for 5 minutes. York (Mrs. MCCARTHY) is recognized the same laws that govern every other Mr. DREIER. Mr. Speaker, first, let for 5 minutes. American business. Courthouse doors me express my appreciation to my Mrs. MCCARTHY. Mr. Speaker, yes- must remain open to those injured or friend the gentleman from Tennessee terday I talked about no fly. In other who have lost loved ones because of the (Mr. DUNCAN). words, terrorists in this country can- gun industry’s negligence. Mr. Speaker, I had the opportunity a not get onto a plane, but they can cer- This bill would allow gun dealers to couple of weeks ago to join with my tainly go into a gun store and be able knowingly sell large quantity of guns colleagues, the gentleman from Florida to buy a gun. Today, I would like to to a single customer intending to traf- (Mr. HASTINGS), the gentleman from talk about gun liability, which is going fic the guns to criminals without any Washington (Mr. HASTINGS), the gen- legal repercussions. to be out on the floor in the next week tleman from Georgia (Mr. GINGREY) Stripping away the threat of legal ac- or so. and the gentleman from Florida (Mr. tion would seriously jeopardize any op- The leadership of Congress is con- CRENSHAW) to meet with leaders in the portunity to make guns safer. Without stantly preaching about personal re- European Union and the European the threat of lawsuits, the gun industry sponsibility: Individuals should accept Commission. One of the things that I will not have any incentives to incor- the consequences of their actions. I found from meeting with them and porate gun locks, safety triggers and agree with that. Unfortunately, this from discussions that I had with our smart gun technology into their prod- culture of responsibility does not ex- great ambassador to the European ucts. Had this law been in place 40 tend to the gun industry and negligent Union, Rockwell Schnabel, is that years ago, the auto industry certainly gun sellers. would not have made the cars we are trade is obviously the wave of the fu- Both the Senate and the House have driving any safer than what we are in ture. bills granting the gun industry unprec- We have one of the most important today. edented immunity from litigation and Instead of giving the gun industry trade relationships between the 25 other legal actions, legal actions that never-before levels of protection, I sup- member European Union and the many of us that have suffered from gun port giving the gun industry Federal United States of America on the face of violence were able to take advantage of research and development money. This the earth. In fact, trade between the in the courts. Under this legislation, money would be used to develop rea- EU and the United States is just short dealers and manufacturers of guns sonable safety measures for their prod- of $1 trillion a year. It is $966 billion, in would receive immunity from any legal ucts. fact, last year. action. But Congress has not been respond- I think it is important for us to note Sellers and makers of nearly every ing to the threat of gun violence. Let that we have dealt with more than a other consumer product must face the me speak in a language the Congress few problems with the European Union. consequences of their negligence and leadership understands, dollars and We have lots of great challenges, and I their misjudgments. Manufacturers cents. happen to believe that one of the best and sellers of toy guns are more liable The secret that most people do not ways to deal with those challenges is for their products than the makers and understand is the gun violence in this for us to enhance that trade relation- sellers of assault weapons and hand- country is costing millions and billions ship. guns. of dollars. People do not understand We are in the midst of discussing the The NRA has named this issue as that the Centers for Disease Control at establishment of our first bilateral their number one legislative priority one time was able to study the eco- trade agreement in a long period of this year. They said this will end frivo- nomical impact of gun violence in this time as we in the not-too-distant fu- lous lawsuits, but not a single suit country. By an act here in Congress we ture are going to be addressing the against the gun industry has ever been are not allowed to do that anymore, so Central American Free Trade Agree- deemed frivolous by a court of law. that data does not come out. ment, which will include the Domini- This legislation is not about pro- Years ago, independent studies have can Republic. As my colleagues know, tecting an honest gun dealer who ille- shown gun violence costs our health Mr. Speaker, we have put together a gally sells a gun to someone who later care system over $100 billion every sin- wide range of bilateral agreements commits a crime. This legislation pro- gle year, $100 billion. The $100 billion a over the past several years. tects cases of gross negligence which year cost includes premiums paid for I today met with the ambassador has led to the deaths of unsuspecting private health insurance and tax dol- from the United Arab Emirates, one of victims. lars used to pay for Medicaid, Medicaid our great allies in the global war on For example, I think the majority of in our States that are having such a terror, and we hope very much we are us remember the incident here in the hard time, Medicaid that is going to be going to be able to put together a free D.C. area. The owner of the Bull’s Eye cut here in the House and the Senate. trade agreement with the United Arab Shooter Supply Store in Washington These costs often are not reimbursed Emirates. State was sued because he could not and cost the States vital health care I think it is also important for us to account for 239 guns in his inventory. money. note that in dealing with the European

VerDate Aug 04 2004 02:50 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.114 H13PT1 H1952 CONGRESSIONAL RECORD — HOUSE April 13, 2005 Union one of the best ways for us to ad- trict; but I was able to attend the fu- percent figure I mentioned a few min- dress many of the disputes and chal- neral for the first, Sergeant Paul utes ago. I asked was there any evi- lenges we have would be to embark Thomason, as we were not in session in dence of imminent threat. I said one upon a U.S.-EU free trade agreement. Congress at the time. man cannot conduct a war by himself, That is why today I have introduced H. Both of these men leave wives and it would have to involve many others, Con. Res. 131, and I would encourage each had four small children and many was there any movement toward war. I my colleagues to join in cosponsoring other relatives. I admire and respect was told there was none. George Tenet this very important measure. It is just their service. There are many ways one later confirmed there was no imminent a vehicle to begin the discussion, the can serve this country, but certainly threat in his speech at Georgetown prospects of negotiating for a U.S.-EU one of the most honorable is by serving University just after he resigned as FTA. in our Nation’s Armed Forces. head of the CIA. Mr. Speaker, let us look at some of I am pro-military and believe we There were just five other Members the disputes that we have right now should have a strong national defense, at that briefing, so we got to ask a lot with the European Union. but I emphasize the word national. It of questions. I asked about former eco- We all know that agriculture sub- goes against every traditional conserv- nomic adviser Lawrence Lindsey’s pre- sidies within the EU are many, many, ative belief for the U.S. to try to be the diction that the war would cost 100 to many times greater than the agri- policemen of the world and to place all $200 billion. Ms. Rice said the war culture subsidies that are provided for of the burden and cost of enforcing would not cost nearly as much. Now we U.S. farmers. In fact, as we negotiated U.N. resolutions on our military and know that Mr. Lindsey’s prediction and worked on the farm bill, I voted our taxpayers. was far too low. Most of what we have against it at the end of the day, the It is no criticism of anyone in the spent and are spending in Iraq is pure farm bill, because I was concerned military to say that the war in Iraq foreign aid, megabillions to provide about the level of subsidization for U.S. was a very unnecessary war. The more free health care and rebuild Iraqi agriculture. than 1,500 soldiers who have died there roads, schools, water and power plants, But one of the things that some of were simply doing their duty in the airports and railroads, and provide law the leaders who were supportive of that best way they could, probably hoping enforcement, among many other measure here in the House said was to come home as soon as they could, things. that if we can see a diminution of the but certainly hoping to come home At the White House briefing, I said level of subsidization that the Euro- safely rather than in a body bag. most conservatives have always been pean Union provides to its agriculture Now this past Saturday we saw head- against massive foreign aid and huge sector of the economy we will not have lines about anti-American demonstra- deficit spending. The war in Iraq has to have the agriculture subsidies that tions all over Iraq. One wire service led to foreign aid and deficit spending we have in the United States. So, obvi- story said more than 300,000 dem- on unprecedented scales. ously, embarking on negotiations for a onstrated in Baghdad. There is nothing conservative about U.S.-EU free trade agreement would Last year, our own government took the war in Iraq, and many conservative allow us to really begin to boldly ad- a poll and found that 92 percent of columnists and activists have now real- dress the issue of agriculture subsidies Iraqis regarded us as occupiers rather ized this. Columnist Georgie Ann Geyer that are so great within the European than liberators. An earlier poll had a wrote in 2003, ‘‘Critics of the war Union. similar, but slightly lower, figure of 82 against Iraq have said since the begin- percent; and these were polls taken by ning of the conflict that Americans, b 1845 still strangely complacent about over- Another dispute that we have is this us, or at least by the Coalition Provi- sional Authority, which is 95 percent seas wars being waged by minorities in struggle between Airbus and Boeing. their name will inevitably come to a We know that within the European U.S. Obviously, the great majority of peo- point where they will see they have to Union there are tremendous subsidies ple in Iraq do not appreciate what we have a government that provides serv- for Airbus, and I believe we should do have done there and do not want us ices at home or one that seeks empire everything that we can to diminish there. They do want our money, and across the globe.’’ those so we can have, in fact, a level The first obligation of the U.S. Con- that is the only reason some will say playing field as we address the issue in gress should be to our own citizens, not good things about us being there be- the aerospace industry. the citizens of Iraq. In 1998 when Sad- cause we do still have several hundred And we have several other very im- dam Hussein was not even in the news, portant issues that need to be ad- thousand Iraqis on the U.S. payroll. I voted to give $100 million to the Iraqi This is a nation that Newsweek said dressed in the area of privacy, in the opposition to help them begin the ef- had a GDP of only $65 billion the year area of e-commerce. fort to remove Saddam Hussein. We before the war. By the end of this year, Mr. Speaker, I believe that this step should have let Iraqis fight this war in- we will have spent $300 billion in just 3 which we have taken today to begin stead of sending our kids over there to the discussion of a U.S.–EU free trade years in Iraq and Afghanistan, but fight and die and be maimed, and the agreement will be very beneficial in en- mostly in Iraq. Iraq had a total mili- sooner we bring our troops home the hancing the standard of living of the tary budget of just a little over two- better. I hope we have learned that we American people, the people in the Eu- tenths of 1 percent of our military should never be anxious to go to war ropean Union, and the people around budget in the year before we attacked. and should do so only when we are the world. They were no threat to us whatsoever. forced to do so and there is no other Just a few weeks ago, a report came reasonable alternative. f out saying our prewar intelligence was AMERICA AT WAR dead wrong. At that time, Richard f The SPEAKER pro tempore (Mr. Perle, one of the main architects of SOCIAL SECURITY REFORM DENT). Under a previous order of the this war, appeared before the House The SPEAKER pro tempore. Under House, the gentleman from Tennessee Committee on Armed Services to say the Speaker’s announced policy of Jan- (Mr. DUNCAN) is recognized for 5 min- that everyone at that time thought uary 4, 2005, the gentleman from North utes. there was a threat. This was not cor- Carolina (Mr. MCHENRY) is recognized Mr. DUNCAN. Mr. Speaker, tomor- rect. for 60 minutes as the designee of the row a funeral will be held for Staff Ser- Just before the House voted to au- majority leader. geant Stephen Kennedy, the second sol- thorize the war in October 2002, I was Mr. MCHENRY. Mr. Speaker, this dier killed in Iraq who was a member of asked to come to the White House for evening I have requested an hour to an Army National Guard unit a briefing with Condoleezza Rice, speak about a pertinent issue for our headquartered in my hometown of George Tenet, and John McLaughlin. I Nation and a large issue for all genera- Knoxville. asked at that time how much Hussein’s tions in our country, and that is Social Both of these young men who were military budget was in comparison to Security. As a Nation, we have to rec- killed were from just outside my dis- ours and was told the two-tenths of 1 ognize that we have a problem that we

VerDate Aug 04 2004 04:17 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.116 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1953 are facing with a system that we have Or how about this gem of a quote: done. Why will they not bring their had in place for 70 years. It is a prob- ‘‘This is the time to straighten Social former colleagues to the table. lem that we must address, and it is an Security for the future. We can and Let me tell a story about one of the issue that we must ensure that we fix must accomplish this critical goal for town hall meetings I had in my dis- for future generations while at the the American people.’’ trict. Before I began a discussion with same time maintaining our commit- Members may be asking themselves my constituents and listening to their ment to those that are at or near re- what right wing Member of Congress suggestions, I held up a 10-page packet tirement age. said that Social Security was in a cri- of questions and talking points that This is a large issue that we need to sis and which reformer said the pro- were sent out by MoveOn.org. I told my take on as a Congress. It is a large gram would go broke if we do nothing constituents that I was there to listen issue that we need to take on here in to fix the problem. Guess what, these to their genuine concerns and ques- Washington, D.C. so that all Americans are quotes from none other than tions, not to hear canned questions in all walks of life have the safety and former Democrat President Bill Clin- from a bussed in MoveOn.org member security of their retirement savings. ton. Leaders of our country from both or to read off their cheat sheet. What So this evening many of my col- parties have known that Social Secu- do you know, about 2 minutes into the leagues will join me to speak about the rity needs reform. What bothers me question and answer period, I got ques- need for reform of Social Security and today is when we finally have a Presi- tion number 3 right off the MoveOn.org to maintain our commitment to those dent and a Congress that is brave cheat sheet. This is a perfect example that are at or near retirement age enough to grab what is often termed of the left wing partisans stacking while allowing younger workers a bet- the third rail of politics, partisan ob- events at town hall meetings that are ter opportunity and system to operate structionists are unwilling to even intended to benefit our constituents. I in. come to the table and debate reform am sure other Members experienced To that end, the gentlewoman from honestly and with some substance. the same phenomenon. Florida (Ms. GINNY BROWN-WAITE) is in I represent the congressional district Getting back to the obstructionism her second term here in Washington, with the most Social Security recipi- of Washington politicians, here is an- D.C. representing her constituents of ents, 47 percent of my voting age popu- other quote: ‘‘Because of the retire- Florida very well. We both serve on lation receives Social Security, a quar- ment of the baby boomers by the year two committees together, Committee ter of a million people on Social Secu- 2013, the surpluses built up in Social on Government Reform as well as the rity. Politically the easiest thing for Security start to dwindle down, and Committee on Financial Services. I am me to do is to throw up my hands and sometime around the year 2032, Social proud to call her a colleague. She also oppose reform. But instead of sticking Security faces a serious crisis.’’ Guess shares another distinction: she goes my head in the sand like the Demo- who said that? It was actually former home every weekend, just as I do. She crats are doing and refusing to admit Vice President Al Gore. does that in order to maintain her san- we have a problem, even though their So the American public clearly can ity, just as I do. Mr. Speaker, I yield to the gentle- former President did, I am working to see that Washington Democrats are find a permanent solution. woman from Florida (Ms. GINNY very good about talking out of both If Democrats, the AARP, and the un- BROWN-WAITE). sides of their mouth if it furthers their Ms. GINNY BROWN-WAITE of Flor- accountable 527 groups would be honest partisan goals. with themselves and with the Amer- ida. Mr. Speaker, another day in the b 1900 Fifth Congressional District means ican public, they would acknowledge Al Gore talked a good game, but that again my seniors received calls the truth of President Clinton’s state- where is he today when it comes to pre- trying to frighten them about Social ment that ‘‘this fiscal crisis in Social senting a plan or encouraging his mem- Security. This is the sixth set of calls Security affects every generation.’’ bers to guarantee the solvency of So- that have gone into my district. The Instead, what do we hear? We hear cial Security for future generations? majority of the responses I receive is scare tactics from the liberal left about We have all read news accounts stop, stop, stop those calls. We trust Republican efforts to privatize the sys- where President Clinton proposed that you; we know you will do what is right. tem, to force our parents to eat dog As the American public knows, the food, and take away the only future government directly invest a portion of long-term future of Social Security is our seniors have. Social Security money in the financial problematic at best. We have all heard Mr. Speaker, the time has come for markets to capture a higher rate of re- the facts that in the year 2017 the So- them to come to the table and do what turn, rather than the dismal rate that cial Security trust fund will begin pay- President Clinton suggested. It is time it receives now. ing out more than what it takes in and to engage intellectually dishonest par- Where, the public has to ask, were that if Congress does nothing, the pro- tisan politicians who refuse to debate the liberal opposition groups back gram will face at least a 25 percent the issue on its merits. then? They supported a Democrat guaranteed cut in benefits in 2041. So if How, the American public should President who proposed this, but they we do nothing, there will be future ask, can Congress expect to solve a oppose a Republican one. President cuts. These are the facts, and they are substantive policy matter like Social Bush has proposed allowing workers to indisputable. Security when one side refuses to de- invest 4 percent of their payroll taxes What I am here to share with Mem- bate seriously. into personal, safe and secure accounts. bers this evening is about the dan- If the Democrats want to have any To many, this is a safer route than put- gerous double talk from the opponents relevance in the lives of our seniors, it ting our Social Security taxes straight of any kind of reform of Social Secu- clearly is time for them to come to the into the stock market like President rity. I would like to read some inter- table. The discussion should begin with Clinton wanted. esting quotes from Washington politi- the simple question: Does Social Secu- Where is the AARP with a plan of cians about Social Security. The first rity face a problem? their own? We met with them in our of- one is: ‘‘If you do not do anything, one I believe every American believes fice; and, quite honestly, all they said of two things will happen: Either it that Social Security does face a prob- was, no, no, no. They did not have a will go broke and you won’t ever get it. lem. plan of their own. All I have seen from Or if we wait too long to fix it, the bur- ‘‘Legislators whose answer to that them so far is a statement that per- den on society of taking care of our problem is ‘no’ should probably go sonal accounts are unacceptable to generation’s Social Security obliga- ahead and cosponsor a bipartisan bill their leadership. tions will lower your income and lower to do nothing in the 109th Congress and But if you think about it, Social Se- your ability to take care of your chil- go on to other issues.’’ Who said that? curity is already somewhat personal- dren.’’ Well, how about former Democrat Con- ized. When you get home, I challenge Or how about the following: ‘‘This gressmen Tim Penny and Charlie Sten- people to check their yearly statement fiscal crisis in Social Security affects holm. Congressmen Penny and Sten- from the Social Security Administra- every generation.’’ holm know something needs to be tion. Your future benefits are there

VerDate Aug 04 2004 02:50 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.118 H13PT1 H1954 CONGRESSIONAL RECORD — HOUSE April 13, 2005 calculated for you, not for the general we can continue with this program for that we have retirement security for public but for you. It already is some- generations to come. I am so grateful our seniors, for all of us, for our young what personalized. Why do you not ask to be part of a political party that is today, providing retirement security AARP why their leadership promotes taking this problem on. We in the ma- for them. stock and bond investing by selling jority in the House, we in the majority Mr. Speaker, for all the rhetoric mutual funds to its members or why in the Senate, along with our Presi- being thrown at the Social Security de- they offer risky investment choices dent, and I am so thankful we have a bate these days, four facts rise above like a Latin American stock fund and great President, are taking on this the opinions. even a junk bond fund? I personally issue. Whether you like President Bush Fact number one: The ratio of work- find it very appalling the AARP spon- or not, he has guts and you have to re- ers to retirees is shrinking. In 1945, sors trips to casinos where seniors lit- spect that. there were 42 workers for every retiree. erally gamble away their retirement. They called Social Security the third Today, there are three. And when my Why do we not change the subject rail of American politics. If you daughter retires, there will only be slightly and talk about the unions that touched it, you got fried. Well, things two. are opposed to any change? They also have changed. This is an issue that Fact number two: The average rate said, no, sir, no way, to personal ac- Americans are beginning to realize of return for Social Security money is counts. But when you ask union lead- needs to be fixed in order to make sure 1.6 percent. In other words, Americans ers where they invest their union pen- it can be vibrant for future genera- could do better just putting their sion funds, once again we hear double tions. And George Bush showed us all money into a simple savings account. talk. They invest them, guess where, in that we can and should tackle this Fact number three: In just 3 years, the stock market. Why is it good issue, for our seniors and for our grand- the first of the baby boomers will start enough for union leadership but not children. We in Congress are serious to retire, and in just over a decade, the their members? I guess so much for about taking this on. We are serious Social Security system will start to risky schemes. The unions, AARP and about a bipartisan approach, and we pay out more money than it takes in. others on the liberal left already have are serious about transforming this Fact number four: Seniors are living them. system into one that will thrive longer and living more active lives Tonight I hope that I have made throughout the 21st century and be- than they were when Social Security clear that there is one side and one side yond. was first created. Average life expect- only that is honestly engaged in the We want to transform it with three ancy has increased 15 years since the debate over the future of Social Secu- principles in mind, and these are im- 1930s, yet the system is still making rity. All the other side has thus far is portant. 20th century assumptions. fear, fear, and another hearty helping First, no reform that will pass this These facts are not in dispute. Social of fear. Quit trying to scare our sen- House will dare change the benefits of Security is in trouble. The trouble is iors. The 527s are the ones making the those that are at or near retirement not as bad as it will be 10 years down calls as well as the opposition party. I age. For those that are currently draw- the road if we do nothing, but it is seri- want to speak to any senior listening ing Social Security checks right now, ous trouble nonetheless. The question tonight and I want to make it perfectly none of the plans we debate will affect is not whether Social Security needs clear, I will not change your Social Se- your Social Security check. But it will fixing. The question is when, how and curity benefits in any way. The Presi- affect your children and grandchildren. by whom. dent has clearly said those who are 55 So it is definitely important to you to When? As soon as possible, Mr. and above will be under the traditional consider those things. Speaker. With each passing day, fewer plan as we know it. Number two, no reform should raise and fewer workers are paying more and So I challenge the opposition to join taxes. You will hear a lot about raising more benefits to support an ever-in- us, and I challenge the people who may taxes or raising the tax cap and say creasing population of retirees. The be watching this evening, help us save that that will fix the system. It will four facts I mentioned before all lead Social Security for your children and not. Tax hikes just postpone the prob- to a fifth fact, that every year that we grandchildren. We have stepped up to lems we will face with Social Security, wait to strengthen and improve Social the plate and made it clear that we are and tax hikes are not real reform. Security, the problem gets $600 billion willing to work toward a permanent so- The third issue is that we must make bigger. If we wait until after the next lution that benefits all Americans. sure that these are voluntary personal election, that is $1.2 trillion more we Mr. Speaker, I hope that as we con- accounts. will eventually have to come up with. tinue to debate this issue on the floor, I will further talk about these issues We have an opportunity to act this back in our districts and around the as my time goes on, but I am proud at year, and we must seize it. kitchen table, we will all remember this point to recognize one of my favor- How? Permanently and comprehen- that it is our constituency we are ite colleagues, my majority leader, our sively, Mr. Speaker. Every 15 years or working for and it is not partisan polit- Republican leader in this U.S. House, a so since its creation, Congress has gone ical groups. leader that not only shares our values in and treated a symptom of Social Se- Mr. MCHENRY. I certainly appre- but works and fights every day to see curity’s more fundamental fiscal prob- ciate the sentiments of the gentle- that we not only just talk about these lems. But this time, thanks to the woman from Florida. I am certain that values but we enact them into law, a leadership of President Bush, we are her constituents appreciate her passion man who has won close vote after close committed to solving the problem on this issue to ensure that Social Se- vote to even the ire and fire and fury of itself, permanently. We need a solution curity does not harm those that are at the minority but a man who has led to the fundamental challenges facing or near retirement age. I appreciate our House in a great direction over the Americans’ retirement security beyond her boldness on this issue and telling 10 years we have been in the majority, just altering a formula here or there. many of us things that we do not want a man I am proud to call my Repub- We need a solution that goes beyond to hear oftentimes. Her independence lican leader and will continue to call mere tax increases or benefit tweaks. of mind, the independence of her agen- my Republican leader, Mr. TOM DELAY We need to acknowledge 21st century da, it is certainly respected here in the from Texas. realities and develop solutions around halls of Congress. I am proud to call Mr. DELAY. I thank the gentleman them. her a colleague. from North Carolina for yielding to me, One of those solutions, or, rather, a Mr. Speaker, I am here to talk about and I appreciate those words more than part of any such solution, is the estab- Social Security, which in my mind is you know. I really appreciate you hav- lishment of personal retirement ac- the most important domestic issue fac- ing this Special Order on an incredibly counts within the Social Security sys- ing America today, not just for seniors important issue that is important to tem that will enable younger workers but for those seniors’ children and all of us. You are fighting along with to build their own retirement nest eggs grandchildren. It is a vital program the gentleman from Texas (Mr. that they can pass on to their children that we need to reform to ensure that HENSARLING) the fight that makes sure and that the government can never

VerDate Aug 04 2004 02:50 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.119 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1955 take away. Personal retirement ac- about our Federal budget, because poli- Let me say that Social Security has counts are an exciting, innovative and ticians oftentimes come to Washington indeed been a very important program secure way for younger workers to save and want to represent government in the history of America, and it has for their retirements and prepare for rather than absolutely representing helped alleviate poverty for a number their own futures their own way. the people that they were elected to of seniors. It has given a lot of seniors Finally, Mr. Speaker, by whom? By represent, and that is the families, peace of mind, but it is not a system us, Mr. Speaker. The fiscal crisis that those families across America who that is based upon savings and invest- now threatens the Social Security sys- have to live within their budget in ment. It is a system that takes funds tem has been looming since the baby order to make ends meet. from current workers to transfer to boom exploded after the end of World So with that, Mr. Speaker, I yield to current retirees. That is a system that War II. the gentleman from Texas (Mr. works well if we have a whole lot of Mr. Speaker, we are running out of HENSARLING), whom I am proud to call workers and only a few retirees. And time. Regrettable as it is that national a leader and proud to call a friend. when Social Security was first created Democrats have decided to put their Mr. HENSARLING. Mr. Speaker, I back in the 1930s, we had over 40 work- thank the gentleman for yielding to heads in the sand and pretend that So- ers paying into a system to benefit me, and I certainly appreciate his lead- cial Security is perfectly sound, action every one retiree. As recently as 1950, ership on this vital issue to the future still needs taking. Seniors are living that figure was down to only 16 work- of many Americans, not only seniors longer, more independent lives; the ers paying into a system to benefit but younger Americans. So I think it is boomers, the most affluent generation especially apt that the youngest Mem- every one retiree. Today we are down in history, are preparing for retire- ber of the House of Representatives to only 3.3 workers paying into a sys- ment; and younger workers who have would help bring this issue to the na- tem for every one retiree. And today’s their own families to raise and needs to tional consciousness tonight. younger workers are quickly on a road meet are counting on us to protect So- I am also especially honored that I to see only two, two workers paying cial Security not only for current and could follow the esteemed majority into a system for every one retiree. near retirees but for themselves and leader to the floor. But for his leader- That presents incredible financial chal- their children, too. We have a chance ship we would not be having this dis- lenges to our Social Security system. this year with the leadership and vi- cussion now. And due to his leadership And there is another challenge we sion of President Bush to come to- and his courage and his commitment to have. There is another demographic gether to strengthen and preserve So- principle, this House is trying to make trend that is great for seniors, but not cial Security. a stand, not just for the next election so great for the Social Security sys- Mr. Speaker, if our oaths of office but for the next generation, because I tem, and that is when Social Security mean anything, it is a chance that we think as more Americans become fa- was first created, the life span of an av- must take. I thank the gentleman from miliar with the challenges in Social erage American worker was 60 years of North Carolina for bringing this Spe- Security, they will soon realize that if age. Due to the marvels of modern cial Order, and I appreciate the com- this House does not act and act now medicine and better technology, today mitment and the willingness to con- that Social Security as we know it will the average life span of a worker has stantly talk about this issue so eventu- not be there for future generations. increased to 77. So again we have fewer ally the American people know, num- And, Mr. Speaker, we cannot look our- and fewer workers supporting more and ber one, there is a problem and, num- selves in the mirror and let that hap- more retirees, and these retirees are ber two, there are solutions out there pen. living longer and longer. The system to fix that problem. And I not only speak for myself to- cannot keep pace. Mr. MCHENRY. I thank the majority night, but I probably speak for many So what has Congress done in the leader for taking time out of his busy other Members of this body in saying past? In many respects it has started to schedule in order to be a part of this that Social Security is more than just take the security out of Social Secu- special order. I certainly appreciate a run-of-the-mill congressional debate. rity. As time has gone by, taxes have the passion he brings to his service in It is something that is very personal to increased. Many benefits have been the House and his effectiveness as well. me because, Mr. Speaker, I have two cut. So as time goes by, we start to Mr. Speaker, as I said, we have three parents who are in their 70s. Social Se- lose the security in Social Security. issues that we need to make central to curity is part of their retirement. My Social Security was a great deal for my this reform of Social Security. First, father worked all of his life paying into grandparents, who were born in rough- no benefit cuts for those that are at or the system, and I feel a moral obliga- ly 1900. When we look at what they put near retirement age. No changes. Sec- tion not just as a Member of Congress into the system versus what they took ond, no reforms should raise taxes. No but as a son to make sure that my par- out, they received a 12 percent rate of reforms should raise taxes. And, num- ents receive every single penny of So- return on their Social Security. That is ber three, we must have voluntary per- cial Security benefits that they paid great retirement security, Mr. Speak- sonal retirement accounts that allow for. er. That is great retirement security. individual ownership. We want to move So as we have this discussion about My parents who were born, my dad in to a modern system that is tied to a what can we do for future generations, the late 1920s, my mother in the early better approach, with people having every Member of this Congress I be- 1930s, they are receiving roughly a 4 ownership and actually having control lieve is committed to the proposition percent rate of return on their Social over their investments and having con- that for anybody who is receiving So- Security. Not good, but not bad. trol over their retirement. cial Security today, or will soon be re- My generation, represented by those ceiving Social Security, nothing in the born around 1960, we are going to re- 1915 b system is going to change. That is a ceive only about a 2.5 percent rate of So the gentleman from the great matter of fairness. That is a matter of return. That is barely keeping pace State of Texas (Mr. HENSARLING), an- commitment that this Nation has with inflation, Mr. Speaker. And my other one of my good colleagues, rep- made to its seniors. But not only do I children, represented by those who resents the Dallas area. He is in his feel a moral commitment to my par- were born approximately in the year second term here in the Congress; and ents; I have a moral commitment to 2000, they could receive a negative rate from the get-go in 2003, when he first two other people. And that happens to of return. In other words, they may be entered this place, he was recognized as be my daughter, Claire, who is 3 years putting more money into the system a leader. And he is, indeed, a leader. He old; and my son, Travis, who is 18 than they take out. That, Mr. Speaker, has led the fight for conservative budg- months old. And again my wife, Me- is when we lose the security that is in ets. He is a man who is passionate lissa, and I realize that if this body Social Security. about representing his constituents in does not do something that the retire- So all of these financial pressures, Texas well, including his wife and two ment security that my parents enjoy where is this leading us? Unfortu- kids; and he is a man who wants to will not be there for our children; and nately, it is soon going to lead us to a talk about the family budget, not just that is simply not fair, Mr. Speaker. sea of red ink.

VerDate Aug 04 2004 02:50 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.120 H13PT1 H1956 CONGRESSIONAL RECORD — HOUSE April 13, 2005 There is some good news. The good And with that, Mr. Speaker, I further Enron, but we are talking about pen- news is as of today, Social Security is yield to the gentleman. sion-grade investments that over time still running a surplus. But for those Mr. HENSARLING. Mr. Speaker, if have proven to be safe and yield a re- who can see the top of this chart here, for whatever reason we choose not to tirement security better than Social just 3 years away, the surpluses in So- reduce benefits when we can use the Security promises and cannot deliver. cial Security begin to decline. And in least creative approach that has ever Some tonight would say, That sounds just 12 years, in the year 2017, we go come out of Washington, D.C., and that great but it sounds a little risky to me. from having surpluses to having defi- is increase taxes, if we decide to try to The real risk is leaving one’s retire- cits. In other words, in the year 2017, solve this sea of red ink by raising ment security in Washington because Social Security begins to go bankrupt. taxes again, younger workers today already Washington has raided the So- And as the years go by, the sea of red will see their payroll taxes increase by cial Security trust fund over 59 times, ink only gets larger and larger and 43 percent. I mean 43 percent, what a and they have spent that money for $75 larger and larger. And, Mr. Speaker, staggering tax increase on young fami- million indoor rain forests, and they that is indeed a large sea of red ink. lies. I mean, what is that going to do have spent it on $800,000 outhouses that How large? The trustees of the Social for people who are trying to buy a do not even work and studies about Security trust fund tell us that is a home or start a family, and what is how college students decorate their $10.4 trillion sea of red ink that will that going to do to job creation in dorms. They spend it on a lot of things simply drown the system, drown our America? It would be a crushing tax besides retirement security. There children and grandchildren, if we do burden. have been over 20 tax increases. And we not act today. But at the end of the day, there are started out taking 1 out of $50 for So- Mr. Speaker, we often hear large only three options if we are going to cial Security, now 1 out of 8. There numbers tossed around in the Nation’s save Social Security as we know it for have been multiple benefit cuts, declin- capital and $10.4 trillion is a very large future generations. We are either look- ing rates of return, and no ownership number. But let me try to relate that ing at a massive tax increase, we are rights. to a number that we can all under- looking at a massive benefit cut, or we b 1930 stand. In other words, what the Social are looking at something else that the Security trustees are telling us is that Mr. Speaker, the real risk in Social President is leading on, and that is Security is leaving America’s seniors’ if we wanted to balance the system and having something called a personal re- ensure that our children and grand- retirement security in the hands of tirement account, something that is Washington. Because of that, I want to children have the same retirement se- going to have real assets in it that peo- curity that current retirees have, every applaud my colleague from North Caro- ple own, that families can create a nest lina, who has made a great impact as a man, woman, and child in America egg with, their own nest egg that will freshman Member, I want to applaud would have to write a check today to grow over time, and using something him for his leadership and speaking out the Federal Government for over that Albert Einstein once called the not only for the current generation of $34,000. That is almost a $150,000 check greatest discovery he ever made in his retirees but future generations of retir- from a family of four to try to balance life, and that was compound interest. ees, represented by my children. this system. Mr. Speaker, my guess is And I believe that that is the option Mr. MCHENRY. Mr. Speaker, re- not many Americans would want to that we should begin to look at as a claiming my time, I thank the gen- write out that $34,000 check tonight. So Nation, personal saving accounts. tleman. I certainly appreciate his pas- we are going to look at some other op- And again I want to reiterate a cou- sion on this issue and his devotion to tions. ple of principles. No one is talking our conservative philosophy and to our What are the options if we do not about changing Social Security. For great Nation. write out that check tonight to bal- those who are on Social Security to- Mr. Speaker, if I may, I think with ance the system since we know we have night, those who are about to be on So- the earlier speakers you have heard fewer workers, more retirees, and they cial Security, we have a moral commit- there is a problem with Social Secu- are living longer? If we do nothing, ment to make sure that the system rity. It is a problem we must tackle. I younger workers today who have just they worked on is there. But I hope, believe we have a moral obligation to recently entered the workforce, those Mr. Speaker, that as time goes by and step forward and to solve this problem in their 20s, by the time they retire, more Americans will listen to this de- before it results in a doubling or tri- they will have their Social Security bate, I do not know of any grandparent pling of taxes or 30 percent cuts in ben- benefits cut by a full third. How many in America who wants to deny their efits, these massive, devastating seniors today could afford to have their changes that can really hurt our Na- Social Security benefits cut by a full grandchildren equal retirement secu- rity and equal retirement opportunity tion and hurt communities and hurt third? So many seniors rely upon that seniors. So we have a moral obligation Social Security. It is unconscionable. that they have enjoyed. So I think it is critical that we turn to step forward and come up with a Is that the future we are going to leave to personal accounts so that younger better plan. our children and grandchildren? workers on a voluntary basis, a total I want to tell you, the longer we Mr. MCHENRY. Mr. Speaker, re- voluntary basis, will be able to put wait, the tougher it becomes to fix the claiming my time, how much is that problem and the more expensive it be- some money aside in an account that per year that we delay reform? The comes. As I said earlier, $600 billion a can grow over time. And I think what numbers I have are that it is about $600 year we waste by not fixing the prob- we are doing, Mr. Speaker, is we are billion a year. lem. That roughly equates to about adding the best elements of Social Se- Mr. HENSARLING. Mr. Speaker, in- $4,500 per person, per working person. deed, I appreciate the gentleman for curity to the best elements of a com- Some would say, why do we not just bringing up that point because not pany pension plan. We are going to tax more? And there is this concept of only do we have a huge dollar amount keep the government backing. Nobody raising the Social Security tax cap. I to solve the problem today, every year is ever going to lose all their retire- want to tell you, it is not that simple. that we turn our backs on this as a ment security. The government back- When you are talking about a $600 bil- Congress, as a Nation, that mountain ing, the social safety net, will always lion a year payment we have to make gets $600 billion higher each year of in- be there. We are going to have guaran- in order to not solve the problem, it is action. So, indeed, the cost of inaction teed lifetime benefits. We are going to hard to tax enough in order to meet is great. have progressive benefits for lower-in- that obligation. Beyond that, even if Mr. MCHENRY. Absolutely. And re- come workers. But to that we are going you take the cap off of the income sub- claiming my time, Mr. Speaker, the to add worker ownership so that work- ject to Social Security, that would numbers are about $4,500 for every ers can actually own a part of their So- only buy about 2 years, about 2 years, American in the workforce; $9,000 for a cial Security. They will be invested in of further solvency in the system. married couple. These numbers are so the length and breadth of the American So it is not a fix. It is delaying the staggering, and so I think it is a moral economy, not in their brother-in-law’s problem, delaying the pain. And be- imperative for Congress to act. real estate deal or in 100 shares of cause our Nation is changing, because

VerDate Aug 04 2004 02:50 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.124 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1957 of the demographics of our Nation and Well, first of all, you cannot take the mail if you know of anyone who has an the fact that we are going to have money to Las Vegas. You cannot go opted-out system, whether they work fewer people working per each retiree, and bet your money. You cannot throw for a governmental entity, in any State we have to change the system in order it in your brother-in-law’s business. in the Nation, not just my own con- to make it solvent for future genera- You would have to use widely diversi- stituents in North Carolina. So they tions. fied securities, savings accounts, cer- can e-mail me at pat- With the baby boomers beginning to tificates of deposit, bond funds, munic- [email protected]. That is retire in 2008 and 2009, baby boomers ipal bonds, bond and stock fund mix, [email protected]. were born between 1946 and 1964, so the these type of options, well-regulated, Please let me know. I want to know first half of the baby boomers will very diversified. your story about a system where you begin to retire in 2008 and 2009. As they Some say, well, this seems sort of have opted out. I want to know the begin to retire, we are going to have to foreign to me. Currently, in America kind of returns you have gotten, pay out more and more and more in the we have personal retirement accounts whether you like them or not. Social Security system. Certainly we all across this Nation. But everyone I have talked to loves have made that obligation as a great It brings about a story that occurred their personal retirement accounts, in- Nation, but I think we need to take on to me back in my district in Western cluding David Roland. They are op- this problem of our change in popu- North Carolina, Mr. Speaker, in the tional at Foothills Mental Health Au- lation and the giant bubble that the Tenth District of North Carolina. I thority. They are optional. An em- baby boomers represent in terms of the went out and was out at church one ployee can make the choice to stay in population of our Nation and take on day, at a new church visiting, and I the current Social Security system or this issue to fix it. met a fellow there named Dave Roland. have this system of personal retire- So the problem is clear. Our demo- Dave Roland works for the Foothills ment accounts. graphics have changed in this Nation Area Mental Health Developmental At Foothills, they have the option of over the 70 years of the Social Security Disabilities and Substance Abuse Au- paying their portion of Social Security, program, and Social Security is bro- thority located in Western North Caro- their 6.2 percent of FICA tax, into a ken. It was designed in 1935 before tele- lina, in Burke and Caldwell Counties. 403(b) annuity plan. It is just like an vision, before commercial aviation, be- These folks that are out there serv- IRA, very similar to that. fore computers, and it needs to be rede- ing those with mental health issues, Dave Roland told me this. He lives in signed. We do not drive 1935 auto- they have personal accounts. Wait a Morganton, and he is one of the folks mobiles anymore, do we? So what we second. How does that happen, some that opted out. He has been working at need is a vehicle for retirement savings are saying. This seems very odd to me. Foothills for 7 years, since March of that is in keeping with our times. But they have personal accounts. 1998. He is 34 years old. He is respon- That solution, Mr. Speaker, is per- I will not get into the arcane nature sible for all the yearly regulatory sonal accounts, personal retirement of tax law changes and everything else, training at Foothills for all these men- savings accounts. Personal accounts but between 1935 and 1983 different en- tal health service providers. He could not be happier with the sys- will eliminate the long-term liabilities tities had the ability to opt out of So- tem. He is not a slick Wall Street in- of the Social Security system, that cial Security. They had the ability to long-term liability that the gentleman vestor. No, he is a man that likes provide their own type of retirement from Texas (Mr. HENSARLING) spoke of, spending time with his children, is de- plans, many personal savings accounts that $11 trillion unfunded liability. voted to his church and works hard like we are trying to implement. So We as a Congress need to take on this every day. He is a regular guy, just like some of these governmental entities challenge. But why is that? Why is it you and me. I want to tell you what he that Social Security retirement ac- still have them today. says. I want to quote from him right Unfortunately, that option was counts, personal savings accounts, fix now. the system? It is because when workers closed in 1983. Since then, no organiza- ‘‘I am a common worker. I have the put their own money into personal ac- tion can opt out of Social Security, no benefit of a plan along the lines of counts for Social Security instead of governmental entity can opt out of So- what the President has proposed. In 7 the old system of Social Security, they cial Security. But for the groups who years I have accumulated over $50,000. I lessen their own future pull on the sys- opted out beforehand, before 1983, if control the amount of risk that I want, tem. they wanted to remain outside the sys- and it is far better than what I could You see, by having your own ac- tem, they could, and many still remain have gotten from the Social Security counts, just like IRAs, they accumu- outside the system. plan. I cannot imagine that I would late money, they accumulate interest, Fully 4 percent of the American have the same amount had I been in and interest upon interest, interest workforce is outside of the Social Se- Social Security.’’ upon interest upon interest. That is the curity system. They have some type of I am not going to tell you what Dave power of investments, and that is what personal savings accounts. That is over makes. In fact, I would not ask that is going to allow personal retirement 5 million people. They work for organi- question of him. But he is a man that savings accounts to give a better rate zations that have opted out over the is much like millions of Americans of return than our current Social Secu- preceding years. across this Nation. In 7 short years, he rity system. Just so you know, there is a big myth has a personal retirement account like Money into personal accounts means out there, Congress has not opted out we are proposing here in Congress, and less of a pull on the system later. Re- of the system. We are still in the Social in 7 short years he has accumulated member, these accounts, as the Presi- Security system. I, along with my staff over $50,000 of retirement savings. dent has spoken of, these personal re- and all Members here in Congress and Now that is an amazing feat, if you tirement accounts, they are voluntary, on Capitol Hill, pay into Social Secu- consider the fact that he began invest- so there will be no changes if you are rity. So we have a good interest in ing in the late nineties and there were at or near retirement age. For those 55 making sure this program continues, ups and downs in the stock market just and older, no changes. For those that because we do pay in. in the last 7 years, and he has $50,000 in are younger, they will have the option, Now, not all the opted-out plans are savings. That is a staggering number in the opportunity to choose a personal the same. They are very different. But a short period of time. retirement account for their own So- I found out about the Foothills pro- But those are the type of benefits cial Security benefits. No effects on gram because I was lucky enough to that we are talking about. He could seniors currently. They are voluntary meet David Roland. He works at the buy an annuity when he retires. If he for younger workers. It is a wonderful Foothills Mental Health Authority, as continues to get a similar rate of re- opportunity for us to have this debate I said, and is one of my constituents. turn, he could buy an annuity and get about personal ownership. I am trying to find out about other far more than what the Social Security Beyond that, some say, how does this programs like David has, so I ask system could give him. Benefits for So- work? How do personal retirement ac- those, Mr. Speaker, those that hear my cial Security are capped at about $2,000 counts work? voice or see my face to shoot me an e- a month.

VerDate Aug 04 2004 02:50 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.125 H13PT1 H1958 CONGRESSIONAL RECORD — HOUSE April 13, 2005 So a regular guy from my district the next couple of years, but for gen- December in her annual report to Con- has a personal retirement account. erations to come. And with personal gress: ‘‘The most serious problem fac- That is why I am so optimistic about accounts, without raising taxes, and ing taxpayers and the IRS alike is the what we are trying to do here in Con- while maintaining our commitment to complexity of the Internal Revenue gress, the type of reforms that we are those who are at or near retirement Code. The only meaningful way to re- trying to achieve, with personal owner- age, we can do this as Americans. duce these compliance burdens is to ship, a new retirement system that en- We are not going to let those on the simplify the Tax Code enormously.’’ So ables people personal ownership and al- other side of the aisle just deny that said Nina Olson, the National Taxpayer lows them to pass on to their heirs if there is a problem. That, in fact, is de- Advocate. they do not spend all the money, to nying reality. And do not believe, Mr. All of us, of course, bear some re- pass on to their heirs if they do not Speaker, and do not allow the Amer- sponsibility for the complexity of our make the retirement age. These are ican people to believe that there is not Tax Code, Democrats and Republicans wonderful opportunities for us to give a problem. This is an issue we have to and every American who believes that to all Americans, all walks of life. take on as a Nation, and we are going the tax preferences that he or she uti- Mr. Speaker, do you know what? to take it on. It is going to be the Re- lizes are worthwhile. Considered indi- When Dave Roland makes his money publican Congress that takes this on. vidually, the tax preferences that clut- and gets his check at the end of the We are hopeful that some Democrats ter the code certainly can be rational- week or the end of the month, it is his will come to the reality that there is a ized and explained. Collectively, how- ever, they are a jumble of confusion money. It is his money. Thankfully, he problem and that the right thing to do that have a corrosive effect on our de- has a personal retirement account that is to tackle it now instead of pushing it off to another day. mocracy. he still controls and still owns, because As Paul O’Neill, the former Secretary I appreciate this time to speak about it is his money. of the Treasury said, ‘‘One of the un- this need for Social Security reform. That is what we are trying to do with seen consequences of the Tax Code’s personal retirement accounts, to give f complexity is the sense it leaves tax- personal ownership, that level of THE NEED FOR TAX REFORM payers that the system is unfair, and inheritability to pass onto your heirs, that others pay less tax because of spe- that personal freedom, while at the The SPEAKER pro tempore (Mr. GOHMERT). Under the Speaker’s an- cial advantages.’’ Almost every Amer- same time having it well-regulated, op- ican, I think, feels that, including erating very similar to the way Social nounced policy of January 4, 2005, the gentleman from Maryland (Mr. HOYER) those who take special advantage. Security does today, meaning the A few facts illustrate the scope of the is recognized for 60 minutes as the des- money is taken out of your check, you problem, Mr. Speaker. In 1913, the Tax ignee of the minority leader. are obligated to be a part of the Social Code was a mere 500 pages in length. Security system, and that the invest- Mr. HOYER. Mr. Speaker, I rise to speak about tax reform and tax sim- Today, the code and regulations total ments will be well-regulated, the risks more than 60,000 pages. Four common plification, but one of our newest Mem- minimized. forms, form 1040 and schedules A, B, bers has had the opportunity to have What is fascinating, though, is there and D, take an estimated 28 hours and the floor for the previous hour and talk have been studies done on the stock 30 minutes to prepare. Think of that. about Social Security. I know that he market. There are some left-wing lib- They are relatively simple forms. When is very worried about Social Security erals that will tell you we should not the IRS started tracking this informa- and, as a result, has been addressing invest in the stock market. I think we tion in 1988, the average paperwork that. But I am constrained to say that have gotten great rates of return in the burden was 17 hours and 7 minutes, he talked about personal accounts with stock market. We have gotten a better about 11 hours less. Even the simplest reference to Social Security. Of course, rate of return certainly than any gov- form in the IRS inventory, a 1040 EZ, ernment program can give. what he did not say is that Social Se- perhaps misnamed, now requires 3 Certainly I would like to be con- curity has nothing to do with the sol- hours and 43 minutes for the average cerned about the rising tide in our Na- vency of Social Security. He talked taxpayer to prepare, up from 1 hour tion, to make sure that all Americans about a moral responsibility. The and 31 minutes in 1988. have that same ability to improve President of the United States and his Complexity costs more than $100 bil- their life, to have personal ownership, party indicated they were not going to lion. That cost is in accounting fees personal savings and be a part of our spend any money of Social Security. In and the value of taxpayers’ time to marketplace, be a part of our market- fact, in the last 4 years, they have complete their returns. This is roughly place. spent and continue to spend every equivalent to what we spend to run the I will tell you this: Some say the nickel of Social Security. I am sure my Department of Education, Homeland stock market is risky. young friend will acknowledge that Security, and State. Think of it: the point at some point in time, but that is b 1945 cost of complexity for our taxpayers, not the subject tonight of our Special $100 billion more than we spend on the Over the last 200 years, the average Order. Department of Education, Homeland rate of return in the stock market has Mr. Speaker, the one thing that mil- Security, and the Department of State. been 7 percent. Now, that is over three lions of Americans will not be saying Not surprisingly, Mr. Speaker, more times the best rate of return for Social at the end of this week is, TGIF, thank Americans than ever rely on tax pro- Security. In any 20-year period in goodness it is Friday. Friday is the fessionals. I know I do. Nearly 60 per- American history, the stock market day, of course, April 15, the annual cent rely on tax professionals today has never gone down. Even during the deadline for filing Federal income tax compared to 48 percent in 1990. Great Depression in the 1930s and the returns, a duty of citizenship that pro- If the administrative burden does not 1940s, the stock market did not go vokes anxiety, confusion, and, yes, convince you that reform is crucial, down. It had a positive return. even anger in many taxpayers every the crisis in noncompliance should. So we want to give all Americans, year. Without question, the Internal The IRS has estimated there is a $311 Mr. Speaker, that opportunity. We Revenue Code has become a maze of billion annual tax gap due to under- have a moral obligation as a Congress complexity that confounds millions of reporting, underpayment, and non- to take on this issue, to solve this Americans, including, I think, all of us filing. Think of that, $311 billion. The problem, not just for a few years, not who will speak. It treats many tax- bad news is that the budget deficits we just push the problem back to another payers unfairly; and it creates an op- are running up under this administra- Congress another day; but we have a portunity, some would say an incen- tion and the Republican leadership this moral obligation to do what is right for tive, for those who would exploit its coming year will be over $400 billion. our constituents and do what is right complexity to avoid compliance, thus So even if we collected every nickel of for all Americans, and allow them to placing an unfair share on others. that that was due and owing, we still have a better system to operate for As Nina Olson, Mr. Speaker, said, the would not solve our budget deficit, but their retirement savings, not just for National Taxpayer Advocate stated in it would help.

VerDate Aug 04 2004 02:50 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.127 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1959 Now, leaders in the Republican Party sure that the Tax Code is fairer, sim- or more on average than they would have repeatedly proclaimed their com- pler, and more efficient and that Amer- otherwise owe, and which, when this mitment to tax reform and simplifica- icans can understand it and take much was adopted, was not intended to have tion. We have heard that. The party less time to fulfill their obligations to any effect on them. And the number of that wants to bring down taxes wants their country. taxpayers subject to this tax will ex- to simplify the code. Both of us can I think President Bush has taken an plode. share that objective. However, let us important first step in this effort by Listen to this, my friends. All of our look at the facts. appointing the bipartisan Advisory constituents ought to know this. It will The gentleman from Texas (Mr. Panel on Federal Tax Reform. I ap- go from the three million who are ad- DELAY), the House majority leader, plaud him for doing that. It is chaired versely affected today to 35 million stated in April of 2001, ‘‘We are pushing by former Senators Connie Mack, who taxpayers. forward with our campaign to reform served in this body as well; and John Now let us say, just for the sake of the Tax Code. We are making it fairer, Breaux, who also served in the House of argument, that there are only 15 mil- flatter, simpler, and less burdensome Representatives. lion families there. So 50 million fami- to the American people.’’ That is what The panel, in my opinion, must lies, in other words, 35 million tax- the gentleman from Texas (Mr. DELAY) present options for reforming the In- payers who have a wife and children, so said in 2001, that they were making the ternal Revenue Code. The requirement maybe as many as 50 or 60 million peo- Tax Code fairer, flatter, simpler, and to do so is prior to July 31. I am hope- ple, 35 million taxpayers will be in- less burdensome. But the facts, unfor- ful that Congress can act on this im- cluded in the provisions of the Alter- tunately, and no one should glory in portant issue during the 109th Con- nate Minimum Tax by 2010. these facts, but, unfortunately, the gress. I believe there is an increasing Furthermore, Mr. Speaker, because facts say otherwise. Republican tax momentum, Mr. Speaker, among tax- the AMT was not indexed for inflation, bills during the last 4 years have added, payers for real reform; and Democrats that is the way we could have pro- added more than 10,000 pages to the intend to join and lead this fight. tected the middle-income folks, we did code and regulations. In fact, during Democrats want to see reform to the not do it. We should be doing it now. We should have done it in 2001, we the 108th Congress, the Republicans or- Tax Code. Democrats are committed to should have done it in 2002, we should chestrated nearly 900 changes in the a fairer, simpler, more efficient Tax have done it in 2003, we should have Tax Code. Code. done it in 2004, and we should have Now, those of us that have been here For example, we need to diffuse the done it this year. We are not doing it. as long as the gentleman from Massa- middle-class time bomb, the alter- It ensnares more and more middle-in- chusetts (Mr. NEAL) and I will remem- native minimum tax. Now, the alter- come taxpayers because it was not in- ber passing a tax reform package which native minimum tax was adopted for was designed to protect the taxpayer. dexed. people who were making hundreds of We also, Mr. Speaker, need to take a And a report of our colleague, our Re- millions of dollars, corporations mak- hard look at moving toward a return- publican colleague, the gentleman ing hundreds of millions of dollars, free income tax system, a system that from Ohio (Mr. PORTMAN), who is now maybe billions, but were paying no would say to most taxpayers, you do going to be our trade negotiator, that taxes at all. So what the Congress said not have to get involved in paperwork. report said that one of the things that some decade and a half ago, was that, Here is the deal. You can file very eas- Congress had to stop doing if the IRS look, everybody in our country needs ily because the tax system will be was going to be able to efficiently and to contribute to its defense and its sup- much simpler and much fairer. effectively administer the Tax Code port. Therefore, we will have an alter- Think how much better Americans was to stop changing it every year. We native minimum tax. would feel, not that they are going to have changed it every 4 years of this That was never intended to adversely feel great about paying their taxes. administration. And, of course, today impact middle-income earners, not in None of us feel great about paying our on the floor of the House of Represent- the million dollar category, but far less taxes. But all of us understand, as a de- atives, we changed it again. We made it than that. It was not intended for mocracy, that it is necessary if we are more complex. In fact, many of us ar- them. But Americans are now finding, going to have a national defense and if gued that what we did was really raise two-earner families doing reasonably we are going to have other services in the taxes on really thousands of farm- well, but just making their college tui- this country. ers and small business people as a re- tion payments for their child, paying We need to simplify, Mr. Speaker, as sult of the change we made. for their cars so that they can get to well tax rules for small businesses. No Just one bill, the Republicans’ so- and from work, and paying for their reason small businesses ought to be called American Jobs Creation Act, re- mortgage payment because maybe they under a mountain of rules and regula- sulted in 561 changes to the Tax Code, had to get a new house and housing tions and tax requirements. We ought requiring more than 250 pages of tax prices have gone up; they are not hav- to stop individuals and corporations, law changes. Is it any wonder why it ing an easy time, and what they are however, from gaming the system, takes Americans so long to fill out finding now is they are getting caught which means that small businesses and their forms? The Joint Economic Com- in the web. individuals have to pay more than mittee notes how this one new law will We should have fixed this 4 years ago. their fair share. We need to consider require more than 10 percent of all We should have fixed it 3 years ago. We overhauling the corporate income tax small businesses to keep additional should have fixed it 2 years ago. We and focus on eliminating tax breaks records, result in more disputes with should have fixed it last year. We that actually encourage American the IRS, increase tax preparation should fix it this year. We are not companies to move jobs overseas. costs, and require additional complex going to. The President has not pro- The gentleman from Massachusetts calculations. posed fixing it, and the Republicans do (Mr. NEAL) has been very involved in Clearly, our tax system must be not want to fix it either. Why? Because this entire issue, and perhaps he will made simpler, fairer, and more effi- it is a secret stealth tax increase on discuss it when I yield to him. Over- cient for the sake of every American, middle-income and upper-middle in- seas, rather than giving tax incentives for every family. come Americans. to corporations and businesses, to cre- Now, there are some people, frankly, ate and keep jobs here in America for who are wealthy and can afford unlim- b 2000 Americans. ited accounting services to make sure That is why we do not fix it, so that The American people are acutely that they take every advantage of the the majority party can posture that aware of the unnecessary complexity Tax Code, but the overwhelming major- they are cutting taxes while at the and dire need for real tax reform in ity of Americans are not in that posi- same time raising taxes. The AMT, or America today. The Republican party tion. Because of that, it is incumbent the Alternative Minimum Tax, will hit has not led on this issue. And the upon the Congress of the United States an estimated three million taxpayers President can call a commission to- and each one of us individually to en- this year, requiring them to pay $6,000 gether, but for 5 years they have taken

VerDate Aug 04 2004 02:50 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.128 H13PT1 H1960 CONGRESSIONAL RECORD — HOUSE April 13, 2005 no action. The American people need He points out very clearly in a chap- Mr. Speaker, I serve on the Financial and deserve a tax system that is sim- ter called ‘‘While I Was Sleeping’’ that Services Committee, and I am deeply pler, fairer and efficient. over in India a burgeoning industry is worried about the finances of our coun- I would like to yield now to some of taking place, preparing Americans’ try. A simplified Tax Code would re- my colleagues who are here. The gen- taxes, outsourcing jobs. In 2001, it was duce tax cheaters and cut down on tleman from Georgia (Mr. SCOTT) has 50,000; 2002, it was 100,000; 2003, it was compliance expenses for all taxpayers. been here for a long time waiting to 400,000; and 2005 it is projected to be I believe that it is time for Congress to speak, and I thank him for being here. over one million. Not just jobs, but our clean up this Tax Code and provide I yield to the gentleman from Georgia. precious preparation of our taxes being some relief to families and small busi- Mr. SCOTT of Georgia. Mr. Speaker, outsourced. nesses. I want to just, first of all, thank our I am here to tell you that our failure Yes, we Democrats are taking the distinguished Minority Whip, the gen- to simplify our Tax Code is causing a leadership on this as you see tonight. tleman from Maryland (Mr. HOYER) for major transformation of our account- But this is bipartisan. The American the distinguished leadership that he ing profession. Taxpayers are losing people are looking for Democrats and has been providing on this issue. money due to the complexities of the Republicans to join together and make Mr. Speaker, I rise today to discuss system. our tax preparation simple, easy to un- what is one of the what I call tragic The Government Accountability Of- derstand. The American people deserve burdens, one of the greatest tragic bur- fice estimates that Americans overpay this, and the American people are dens on the American family, and this their taxes by an estimated $1 billion a going to get it with us working to- is the costly, complex Tax Code. This year because they fail to claim deduc- gether to bring tax relief, to bring tax Friday, April 15, is tax day for millions tions. About a quarter of Americans simplification of the Tax Code to the of Americans who will spend countless who are eligible for the Earned Income American people. hours this week trying to comply with Tax Credit fail to claim it due to com- Mr. HOYER. I thank the gentleman our unbelievably complex tax laws. plexities. from Georgia for his remarks and for At the outset, I want to make some- Mr. Speaker, this is terrible. It is a his restating the commitment the thing very clear, Mr. Speaker, to the tragedy, and we must make our Tax Democrats have to ensuring that American people tonight. Let me make Code easier for the American people, Americans get a fairer, simpler and it clear that it is Democrats who you make it easier for them to figure it more efficient tax system that treats will see tonight who are taking the out. them fairly and treats everybody else leadership. It will be Democrats on this As an entrepreneur who started a fairly as well. Now it is my great pleasure, Mr. floor of the Congress tonight who are successful small business, I was not Speaker, to introduce or to yield to one taking the leadership to make our tax surprised to learn that the IRS esti- system fairer, less complicated, and of the senior members of the House of mates that the average self-employed simpler. Representatives, the distinguished gen- taxpayer has the greatest compliance Now we all know that over the last 4 tleman from Massachusetts, mayor of burden of almost 60 hours to prepare years this government has been getting his town before he came here, and as a his or her taxes. It is no wonder that bigger under the Republicans. The defi- member of the Ways and Means Com- small business owners overpaid their cits have soared under the Republicans. mittee has been in the leadership of op- taxes by $18 billion in 2000 and 2001, ac- Social Security is coming under direct posing complicating the Tax Code, op- attack and attempting to be disman- cording to the GAO. posing making it less fair and opposing This is unacceptable, Mr. Speaker. tled and privatized by the Republicans. tax legislation which sent jobs over- We do not need to take this any fur- And our tax system has gotten more seas. He has been a true giant in the ther. Considering these statistics, is it complicated, more unfair and complex leadership on this effort, and I am any wonder why 70 percent of Ameri- under the Republicans. pleased to join with him in this effort There has been a growing unfairness cans recently polled believed their Fed- that we join tonight. I yield to the gen- in the Tax Code and an astronomically eral taxes are too complicated? tleman from Massachusetts (Mr. In that same Associated Press poll, exploding national debt, trillions upon NEAL). trillions of dollars, and growing each about half of the respondents would Mr. NEAL of Massachusetts. Mr. year. prefer to visit the dentist than prepare Speaker, I want to congratulate the But, Mr. Speaker, it is Democrats their taxes. gentleman from Maryland (Mr. HOYER) who are here tonight providing the Another tax problem that Americans and thank the other members of the leadership for tax fairness, for tax re- will discover is, as our distinguished team that have assembled tonight for lief, for tax simplification and, most leader, the gentleman from Maryland the purpose of discussing what we can importantly, for reducing taxes on (Mr. HOYER), pointed out, that the Al- do to simplify the Tax Code for the working American families. ternative Minimum Tax which will American people. Americans are double-taxed by the have to be paid by nearly 3 million tax- Mr. Speaker, we argue frequently in time and expense that it takes to do payers this year, that number will ex- this institution about tax cuts. In fact, their taxes. For example, individuals, plode to 30 million by 2010 according to this afternoon we came up with an es- businesses, tax-exempt public and pri- the Congressional Budget Office. By tate tax cut that only further com- vate entities spend nearly 6 billion 2010, the AMT will ensnare one-third of plicates the tax system. And indeed we hours complying with the Tax Code. all households and 97 percent of fami- ought to be called the House of Lords Nearly 60 percent of taxpayers cur- lies with two children and incomes be- here for what we did today. We have rently use a tax professional to prepare tween 75,000 and 100,000, according to created a system of peerage now. You their taxes, compared to only 40 per- the Brookings Institute. can pass on money in this instance, cent in 1990. A typical taxpayer knows Now, in January our distinguished vast sums, without any qualms. We can that a competent tax professional does President announced the establishment take care of Paris Hilton, we can take not work for free, so it is costing tax- of a bipartisan panel to provide alter- care of the idle rich, but we cannot ad- payers an estimated $100 billion each natives to simplify the Tax Code, dress the issue in a forthright manner year in accounting fees and the value which I certainly join with my leader about Social Security or we cannot of their time to complete their tax re- in commending him. This advisory make sure that those Humvees arrive turns. panel will submit to the Secretary of in time for our young men and women Now, Mr. Speaker, I am reading a the Treasury a report of its rec- who serve us with great honor every very interesting book by Thomas ommendations by July 31, 2005; and I day in Iraq and Afghanistan or to make Friedman, and it is called ‘‘The World hope that the advisory panel will con- sure that they have the necessary is Flat’’. And in this book, he talks sider tax fairness as well as tax sim- equipment. And as they return home about a phenomenal situation that plification. And let us all work to- we are asking now for a copay on vet- takes place largely because of the pa- gether. The current Tax Code is riddled erans services at Veterans hospitals. perwork and the complexity of our tax with special advantages for various But what is striking about this, in a returns and preparing them. subgroups of business people. town that often talks about tax cuts,

VerDate Aug 04 2004 02:50 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.130 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1961 we could quite easily, Republicans and No, we do not. I remind the American Mr. HOYER. Mr. Speaker, I thank Democrats working together, do some- people tonight that for the cost of the gentleman from Massachusetts thing that everybody in America de- $27,000 you can open a post office box (Mr. NEAL). That is our pledge. The sires, and that is a simplification of on the island of Bermuda, declare that Democrats are going to work. We are our Tax Code. you are a corporate citizen of Bermuda going to work hard, and we will work People really have to believe in their while those 146,000 soldiers are in Iraq with the President if the President tax system. They have to believe that and say that your citizenship belongs wants to work, and we will work with there is an equitable distribution of the to Bermuda, thereby escaping the re- the other side of the aisle to make this burden, but there is also an important sponsibility and obligations that we a fair, simpler, more efficient tax sys- investment based upon the potential have in America to those young men tem. We owe that to the American pub- achievements that come from us pay- and women in uniform. lic. We want to be the party of reform- ing our taxes. Well, they have controlled this Con- ing our tax system so that Americans Now, I notice that the first two gress for 10 years, 10 years; they said will say, I understand it, nobody likes speakers were very bipartisan in their they were going to do something about to pay taxes but I am paying a fair commentary about how we might get the Tax Code. share. to the starting line. But let me be just Well, let us talk about alternative I thank the gentleman from Massa- a little bit more discerning, offer a lit- minimum tax. They have done nothing chusetts (Mr. NEAL). It is now my tle bit more scrutiny of what has hap- about alternative minimum tax. It is honor to yield to my good friend, the pened here during the last 10 years. creeping up across the board on the distinguished gentlewoman from Cleve- Now, if you recall, when the Repub- American people. I have asked for land, Ohio (Mrs. JONES), who has done licans came to majority status here, hearings time and again on alternative such an extraordinary job during her they promised, and the former chair- minimum tax. tenure here and is now a member of the man of the Ways and Means Committee Let me announce this to the Amer- Committee on Ways and Means. very clearly stated, and I quote, they ican people tonight one of the best Mrs. JONES of Ohio. Mr. Speaker, I were going to pull the Tax Code up by things about this debate, as a Demo- want to thank the gentleman from its roots. crat from Massachusetts, I have pro- Maryland (Mr. HOYER) for his support b 2015 posed eliminating, getting rid of the al- for the years I have here in Congress They were going to rip the Tax Code ternative minimum tax. I want to con- and his support for my appointment to up by its roots. We were all going to a gratulate the Republicans for one the Committee on Ways and Means. I long funeral for the Tax Code. And thing. Seldom have I ever been part of am happy to be on the committee that they were going to give us a flat tax. any legislation where I got more pats is going to have the opportunity to re- They were going to give us a consump- on the back on their side or words of view the Tax Code, and I want to thank tion tax. We are no closer to a flat tax encouragement and fewer votes. Fewer him for his leadership on this issue. or a consumption tax than we were votes. They will encourage me, say Public distrust, that is the main rea- when they started. In fact, the reality keep up the battle. Stay with it. Stay son why we urgently need fundamental is that they have not backed up their after it. And then I will say, let us have tax reform. More and more Americans words with action. an up-or-down vote on getting rid of distrust the current tax system be- The Tax Code today is more com- AMT, alternative minimum tax. cause they perceive it as unfair. Are plicated than ever, and the very people If you are watching tonight and you they wrong? No. on the Republican side who denounce take advantage of the Hope tax credit Lower- and middle-income Ameri- the Tax Code’s complexity are the ones or the child tax credit, you bump into cans bear a disproportionate tax bur- that put together what they now call a a whole new category of taxation. den. Small businesses bear a great convoluted monstrosity. They put it When that individual finds out what is compliance burden. That is unfair. into effect. about to happen on Friday or if they Does fairness in our tax system mat- The law that Republicans criticize picked up their taxes during the last ter? Of course it does. It matters be- today was part of their 2001 tax bill few days or weeks, they are going to be cause tax collection depends on vol- that a Republican-controlled White pretty upset with the notion of alter- untary compliance. And in a democ- House sent to a Republican-controlled native minimum tax. racy like ours, people contribute pri- House and then to a Republican-con- I filed a very good simplification bill vate resources to provide the public trolled Senate. So the Republicans con- here. It is almost revenue neutral, and goods and services we deem appropriate trolled the conference committee. it will achieve all the ends and strip as a community, including helping They negotiated the final version of pages from the Tax Code. But again, I those not able to fend for themselves. the bill. They provided almost all of want to hearken back to what I spoke In America, paying taxes embodies a the votes for the plan, and now there is of when I started. civic relationship of mutual responsi- even a Republican administration that We should stop arguing about tax bility, and people’s obligation to pay administers the Internal Revenue Serv- cuts in this town. After all, we have them is as legitimate as any other pub- ice, and we are no closer to simplifica- had five tax cuts while we are fighting lic duty. So I am glad that we are dis- tion. two wars. But we could do something cussing comprehensive tax reform, an That is one of the reasons that we that all members of the American fam- issue that will only become more im- voted against the tax bill on our side, ily are in favor of and that is simpli- portant for us in this Congress. but let me tell you what the 2001 law fying the Tax Code, changing the Tax Let me offer five short points to con- did. It added 214 million hours to the Code, getting rid of the complexity in- sider as we discuss the important issue. paperwork burden for United States stead of what has happened during First, fundamental tax reform is a ne- taxpayers in 2001 alone. It led to an ex- these 10 years from a party that prom- cessity. The current system is com- plosive growth of the Tax Code. The ised to take the Tax Code and tear it plicated, inefficient, and unfair. Its Tax Code has expanded from 500 pages out by its roots. We now have a Tax unpopularity is warranted, and that is in 1913 to 45,662 pages in 2001 to 60,044 Code that has roughly 15,000 more a problem because that breeds distrust. pages today. pages. It is wild in its complexity with The Tax Code must be simplified in Think of it: 60,000 pages and almost what has happened. order to eliminate the disproportionate 15 percent, one quarter of those 60,000 I want to thank the gentleman from amount of time and money currently pages have come into effect during Maryland (Mr. HOYER) and the gen- spent on compliance. For example, the these last 4 years. Think about that: tleman from Georgia (Mr. SCOTT) and average taxpayer with a self-employed 15,000 new pages of tax laws from the the others that will participate in this status has the greatest compliance bur- same people who rail against tax com- discussion. But hearken back to that den in terms of tax preparation, 59 plexity. It is breathtaking in its audac- notion I have raised, and that is let us hours. In 2002 taxpayers spent more ity. simplify the Tax Code for the American than $90 billion in compliance. I know But do we have time in this institu- people as Democrats have promised to somebody has already talked about tion to address the Bermuda tax issue? do. that, so I will move on.

VerDate Aug 04 2004 02:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.132 H13PT1 H1962 CONGRESSIONAL RECORD — HOUSE April 13, 2005 Second, simplification can occur only count of paying high income property in one’s city/state of residence or any real es- with fundamental tax reform. This is taxes and having children. Without im- tate tax on one’s principal residence in order clear after decades of incrementalism. mediate changes to the AMT and our to increase taxable income. Itemized deduc- tions are already limited based on income We know that tax reform cannot be outrageous high property taxes, people level; there is no need to further penalize in- done in a piecemeal fashion. The cur- will continue to move out of Cleveland dividuals for buying a single residence and rent system is flawed at its roots. Heights with consequential loss of an having children: we need kids (and to feed Hard-working, middle-income, and income tax base, decline in property them) to grow up and pay into social secu- lower-income people bear the largest values, and a loss of diversity. rity! Go after real tax shelters; School fund- burden in our current tax system. ‘‘In my neighborhood alone there are ing cannot rely so heavily on real estate Third, fundamental tax reform must over 20 homes for sale, the majority taxes. Real estate taxes in Cleveland Heights leaving on account of the taxes. The are among the highest in the state and focus on the tax base. Our tax base is Cleveland Heights is fourth in spending per derived from total income. However, AMT exacerbates the problem as a sig- pupil in Cuyahoga County. Ed Kelley and this is complicated by the bewildering nificant proportion of these high taxes other inner ring suburb mayors have been array of adjustments, deductions, cred- can no longer be deducted to reduce meeting to determine ways of equitable its, omissions, and mismeasurements. taxable income. This double whammy school funding so that people do not flee This undermines the fairness of our tax will affect Cleveland Heights residents Cleveland Heights on account of obscene system. Therefore, fundamental tax re- as well as those in other inner ring sub- property taxes. As mentioned above, not urbs proportionally more so than oth- being able to deduct such taxes is adding in- form must focus on the issue of tax sult to injury. base in order to achieve equity, effi- ers.’’ The AMT is a national problem that clear- ciency, simplicity, and accountability. He suggests two changes. AMT ly exacerbates an ongoing problem in Cleve- Fourth, the Tax Code must encour- should not consider any income earned land Heights. I hope that you and your col- age entrepreneurship. Small businesses or taxed in one city or State of resi- leagues can remedy this soon. If you need ad- provide our economy’s foundation. dence or any real estate tax on one’s ditional information or would just like to principal residence in order to increase listen to me complain, I may be reached at They need a tax system that frees re- work (440) 743–4749, or at home (216) 932–4748. sources for investment and ensures af- taxable income. Secondly, he suggested that school Thank you. fordable capital. We must support Sincerely, funding cannot rely so heavily on real small business and American entrepre- TONY MASTROIANNI. neurship which make up the backbone estate taxes. It is signed by Tony Mastroianni. He Mr. HOYER. Mr. Speaker, I thank of our economy. the gentlewoman for her comments. I is a young doctor and young lawyer. Fifth, fundamental tax reform is pos- think her reading of the letter is an ex- And I just wanted to submit it for the sible. Tax reform is not an easy task. ample of all that we are hearing from RECORD so he knew I presented this in- However, the American public demands Americans: Congressman, this Tax formation for my colleagues for review it. They see our tax system is unfair, Code I cannot understand. Congress- with regard to AMT. and they are right. As it was in the I thank the gentleman for the oppor- man, this Tax Code costs me a lot of mid-eighties, the time is right to begin tunity to speak. money and a lot of time to comply. taking serious steps towards achieving And I want to comply and I want to be CLEVELAND HTS., OH, MARCH 22, 2005. fundamental tax reform. We must lis- honest and help my country but, golly Hon. STEPHANIE TUBBS JONES, ten to our constituents and be up to Longworth House Office Building, day, I am having trouble figuring it the task of implementing a fair tax Washington, DC. out. Will you please make it fair? Will system. DEAR STEPHANIE: When we worked in the you please make it simpler and just I want to close with this: this is a let- Cuyahoga County Prosecutor’s Office we make it work better for me, for my ter from one of my constituents. And I prosecuted matters deemed criminal by stat- family, and for the country. will not read it all, but I will read a ute. For how it will potentially decimate our Mr. Speaker, I yield to someone who portion of it. district and others, the alternative minimum is working very hard to do just that for tax (AMT) ought to be considered criminal. It is dated March 22, 2005. It is from his constituents and all Americans, the The AMT increased my federal tax liabil- newest member of the Committee on 2484 Stratford Road, Cleveland Heights, ity by over $13,000. This increase did not re- Ohio, 44118, to Congresswoman TUBBS sult so much from any income level but rath- Ways and Means, the gentleman from JONES: er was directly related to the fact that Illinois (Mr. EMANUEL), who does an ex- ‘‘Dear STEPHANIE, When we worked in Cleveland Heights has among the highest traordinary job. the Cuyahoga County Prosecutor’s Of- property tax rates in the state and the state Mr. EMANUEL. Mr. Speaker, I would fice, we prosecuted matters deemed of Ohio is among the states with the highest like to pick up on a point the gen- income tax rates. tleman made of what we hear from our criminal by statute. For how it will po- The AMT was enacted in response to indi- tentially decimate our district and oth- constituents. That is this notion that viduals earning over $200,000/yr who reduced/ people are just trying to be honest and ers, the alternative minimum tax eliminated tax liability through various tax ought to be considered criminal. shelters. Because the AMT has not been ad- just trying to do something that is ‘‘The AMT increased my Federal tax justed for inflation and tax cuts, households honest. liability by over $13,000. This increase with children earning over $50,000 will be The fact is we all know the sense of did not result so much from my income subject to the AMT. Those residing in high frustration that we are hearing from our constituents is that the Tax Code level but rather was directly related to tax districts like Cleveland Heights will be hit the hardest. has created a culture that has re- the fact that Cleveland Heights has I have no fancy tax shelters, 90% of those warded cheating and penalizes those among the highest property tax rates subject to AMT, including me, face this tax who play by the rules. in the State and the State of Ohio is solely on account of paying high income/ among the States with the highest in- property taxes and having children. b 2030 come tax rates. Without immediate changes to the AMT That is what we have today, and that ‘‘The AMT was enacted in response (and outrageously high property taxes), peo- is a problem, that is a frustration that to individuals earning over $200,000 a ple will continue to move out of Cleveland Heights with consequential loss of an income we hear from people. year who reduced or eliminated tax li- tax base, decline in property values and loss When we were on Easter recess, there abilities through various tax shelters. of diversity. In my neighborhood alone, there was a report by the IRS showing that Because the AMT has not been ad- are over 20 homes for sale; the majority leav- there goes about $350 billion of unre- justed for inflation and tax cuts, house- ing on account of the taxes. The AMT exac- ported income, which would wipe the holds with children earning over $50,000 erbates the problem as a significant propor- deficit off by three-quarters of this will be subject to the AMT. Those re- tion of these high taxes can no longer be de- country. People who are hiding income, siding in high-tax districts like Cleve- ducted to reduce taxable income. This ‘dou- playing games, not reporting it, forcing land Heights will also be hit the hard- ble whammy’ will affect Cleveland Heights the middle class to pay an ever-increas- residents as well as those in other inner ring est. suburbs proportionately more so than oth- ing amount of money, they are basi- ‘‘I have no fancy tax shelters. Ninety ers. cally cheating. We know it is going on. percent of those subject to AMT, in- Allow me to propose two suggestions: AMT They think the $350 billion is a low cluding me, face this tax solely on ac- should not consider any income earned/taxed number.

VerDate Aug 04 2004 04:17 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.134 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1963 It is getting worse as the tax code not only would you save money, but for to save a lot of money, a lot of time has gotten worse, and yet we are put- people who have chosen to work and do and a lot of mistakes, a lot of mis- ting middle class families further be- right by their children, you have a tax takes. The EITC is complicated, but hind on health care bills, college costs, code that was on their side, not on the there are a lot of mistakes made, not trying to figure out how to save for side of folks who are trying to get law- by people who want to commit fraud their retirement and a tax burden and yers and accountants to try to figure but who simply make mistakes. a tax code that does not do justice to out how to basically game the system. I am glad that we are joined now by, what they are trying to do as parents Any reform should understand that in my view, one of the real stars of the and as a family. people are in the moderate income, new class in the Congress. She has been So we have a code that rewards $50,000 and less, should have a code that sent to us from south Florida, an area cheating. It promotes a culture of is simple for them to use. where I used to live, and she is doing cheating and a code that on the other So I have introduced what I call the an extraordinary job. I yield to the end is the middle class family. It penal- simplified family credit that takes gentlewoman from Florida (Ms. izes those who play by the rules and those three credits, the earned income WASSERMAN SCHULTZ). try to do the right thing by their fam- tax credit, the per child and the de- Ms. WASSERMAN SCHULTZ. Mr. ily. pendent care and puts it down to 12 Speaker, I thank the gentleman from Everybody has got something that questions. Maryland (Mr. HOYER) very much for they have proposed so I do not want to We run the clinic in my office to help yielding and thank him so much for be outdone. I have also done something families fill out their taxes and the tax giving us this opportunity to talk to to that effect, but I not only have done forms, the 1040, and get them the type the American people about what is es- it by legislation, I do it in my office. of deductions that we are talking sentially a startling contrast between One little story. I run a tax assist- about. our vision and our view on what tax re- ance program clinic in my congres- I want to stress, every one of us, we form should entail and what the major- sional office every Saturday. We have have people hit by the AMT. People ity’s vision is. the big four accounting firms, the ac- come around and it is going to be Fri- I think that is really what we should countants from the banks. It is called a day, they are going to be all in down- ask people to take a look at, because tax assistance program. It is run as an town Chicago and the neighborhoods the perception that is out there in entity. We house it in my congres- and around the State and around the America is not what it should be, and sional office. We advertise about it. country. Their heads will be shaking really what I would like to spend some Every Saturday from 8:30 to 11:30, we because they know this code was not time talking about is how the majority actually help people fill out their designed with them or their families in talks about making taxes simpler. As taxes. We do it for two-and-a-half to mind. It was designed for those who we can see, they have plenty of rhet- three months a year. This last year we can afford lawyers, accountants and oric that they have thrown around over did about 1,132 taxes for individuals lobbyists. Those are the people that are the years as far back as 1997 and even with families, returning on average benefiting by this code, and this code for the years before that. Yet their ac- $1,900 in earned income tax credit de- does injustice to people who are trying tions do not match the rhetoric. ductions, tax deductions they would to do right by their families. That is really what it boils down to, not have gotten because nobody else We need a code that not only under- and I am a person that is all about ac- would have filled it out. I say, if you stands the trials and the challenges of tion. That is what our caucus is about, can fill out the EITC tax code, you can the middle class family but finally re- and I think you have to walk the walk go to graduate school. You do not need flects what they are trying to do for when you talk the talk, and that is not to do it. It is the most complicated their kids rather than what the lobby- happening with this administration. It form. By comparison, I want you to ists are trying to do for their interests. is not happening with the leadership of know, if you are a corporation and try That is what we have to do when we re- this body. to get the export-import loan agree- form this code is put it back on the It is critical that the American peo- ment, it is 12 questions, but for the working class and middle class families ple understand the consequences of the earned income tax credit, it is over 200 who are trying to do right for their years, and I know that they do. Every questions. We fill it out. families. working family sitting around their We also do college assistance, and we I want to thank the gentleman for kitchen table understands the con- have back in my district about $10 mil- this time and organizing this, espe- sequence of the complexities and the lion in different deductions and credits cially as Friday looms in people’s eyes carving up of the tax code by the Re- that exist in the code they would not and they have to face literally around publican majority here. I mean, that is have gotten, and after three months in the kitchen table all those bills. It is what they have continued to do, in a row every Saturday 45 different fami- not meant for nine hours of unpleasant spite of the fact that they go out in lies show up. We turn on average away time trying to fill that out. We can do America and talk about how complex it 15 families because we cannot help do better. is. Well, it is time that something gets them, and we make them first in line Mr. HOYER. Mr. Speaker, I thank done about it. The time for talking the next Saturday. But we do that the gentleman for his comments, and I needs to stop. every Saturday for three months. We congratulate him for those clinics. I Their tax policies clearly favor some did our last one last Saturday. We run think that is a wonderful idea. I think citizens over others. They pick and these clinics so we know firsthand how very frankly we ought to have similar choose. They pick winners and loser these go besides the one I do for my- clinics and cooperate with a number of among businesses and industries, and self. the people in our communities who they do it all under the guise and cloak Second, I have introduced legislation could help people, particularly the of tax reform. called the simplified family credit. It EITC is difficult to understand for One of the most important con- takes the earned income tax credit, the Members, much less those who it is de- sequences is that the Federal Govern- per child deduction and the dependent signed for, to make sure people at the ment and State and local governments, care and takes 200 pages of the code very poor end of the income scale have they do not have adequate resources to and 2,000 additional pages down to 12 enough resources to support their kids. pay for the day-to-day services that questions. It collapses all of those de- That is what it is all about, and this is our constituents need. That is a direct ductions that exist for families earning what we think ought to be done. consequence of not having tax reform. somewhere between $15,000 to $50,000 So I thank the gentleman. I also There are real needs that are not being down to 12 questions. It would save a want to thank him for the simplifica- addressed because our local govern- huge amount of money that ends up be- tion of all the child tax credits that are ments cannot provide the services be- cause of waste and abuse in the code now available because if we can get cause of the tax system as it is cur- because it is too complicated. that just one item, as you pointed out, rently constructed. That squeeze is There are estimates of about $6 bil- down from those 200-plus questions being felt all across this country, and lion dollars, and if you simplified it, down to 10 or 12 questions, we are going particularly in the towns and cities in

VerDate Aug 04 2004 04:17 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.136 H13PT1 H1964 CONGRESSIONAL RECORD — HOUSE April 13, 2005 my district and in the districts of cut in 2004 was $123,592, which is more complicated, not to mention costing many of our colleagues. than five times the annual income of a many small farmers and small busi- That is because the debt burden faced typical single mother with children, nessmen more money than they other- by the Federal Government is going to whose median income is $22,637. That is wise would have paid with existing pol- dramatically worsen in the future if what their policy translates into for icy. the administration’s tax cuts are made regular, everyday people. Mr. Speaker, my Republican friends, permanent. If the Bush tax cuts are More than one-quarter of single-par- my Democratic friends, on behalf of made permanent, this problem is only ent families, who are overwhelmingly the Democratic Party, I pledge that we going to get worse. headed by women, get nothing from the are going to fight to reform a system The Government Accountability Of- 2001 and 2003 tax cuts. that is complicated, that is unfair, and fice projects that interest on the na- These tax cuts, the bottom line, and that is inefficient so that Americans tional debt would nearly equal all of the budget simply makes the wrong will say, as painful as April 15 may be, the Federal taxes, including income choices for women, for their families at least it was easier to fill out, at and payroll taxes that we generate in and for all Americans. least I think it was fair, and at least I 2040, not now but the taxes that we Mr. Speaker, I want to again thank think it will be handled in an efficient generate in 2040, if the recent tax cuts the gentleman from Maryland (Mr. way. are made permanent. HOYER) so much for this opportunity Democrats are committed to reform- Current and proposed debt and the for us to help the American people un- ing this Tax Code so it will be simpler, rising level of interest that we pay on derstand that it is Democrats that are fairer, and more efficient. that debt, which is soon to average committed both in action, deed and f about $300 billion a year, which is more rhetoric, and our actions will match than we spend on Medicaid to help our words when it comes to tax reform. SPECIAL ORDERS GRANTED make people understand what that Mr. HOYER. Mr. Speaker, I thank By unanimous consent, permission to means, we weaken Social Security and the gentlewoman and she left me a address the House, following the legis- threaten benefits for today’s seniors, beautiful segue into the closing of our lative program and any special orders for disabled workers and their sur- action matching our words. That is heretofore entered, was granted to: vivors, much of which affects women what ought to happen, and when that (The following Members (at the re- disproportionately which I want to ad- does not happen, people get pretty cyn- quest of Mrs. MCCARTHY) to revise and dress in a moment. ical. Let me refer to some words. extend their remarks and include ex- The amount merely required to pay In 1996, Newt Gingrich was the traneous material:) interest on the national debt ulti- Speaker of this House and he said, Mr. DEFAZIO, for 5 minutes, today. mately will be almost twice the ‘‘The current system is indefensible,’’ Ms. WOOLSEY, for 5 minutes, today. amount that is paid out to all Ameri- referring to the tax code. He was right. Mr. BROWN of Ohio, for 5 minutes, cans in Social Security benefits. That ‘‘It is riddled with special interest tax today. is unbelievable. The interest on the na- breaks. Today’s tax code is so complex Mr. EMANUEL, for 5 minutes, today. tional debt will be more than twice that many Americans despair that only Mr. MCDERMOTT, for 5 minutes, what we pay out in Social Security someone with an advanced degree in today. benefits. rocket science could figure it out. They Ms. WATSON, for 5 minutes, today. Unlike interest on the national debt, are wrong. Even a certified genius such Mrs. MCCARTHY, for 5 minutes, today. Social Security has its own dedicated as Albert Einstein needed help in fig- Ms. CORRINE BROWN of Florida, for 5 taxes, and the President fails to ac- uring out this Form 1040.’’ In 1996, 8 minutes, today. knowledge that these costs crowd out years ago, the Republicans were in (The following Members (at the re- resources for other priorities that af- charge of this House, and Mr. Gingrich quest of Mrs. BIGGERT) to revise and fect people of all ages, people over 55 was our Speaker. extend their remarks and include ex- and younger people as well, in health A year later, Mr. Gingrich said this traneous material:) care, in education and in homeland se- as the Speaker of the House, ‘‘So we Mrs. BIGGERT, for 5 minutes, today. curity. I want to take a minute and want to move towards a simpler tax Mr. KIRK, for 5 minutes, today. just talk about the impact on women code that takes less time to fill out, Mr. OSBORNE, for 5 minutes, today. of the Bush administration’s policy de- that is easier for the American peo- Mr. DREIER, for 5 minutes, April 14. cisions as it relates to tax cuts and the ple,’’ 1997. Mr. DUNCAN, for 5 minutes, today. lack of tax reform. In the last 7 years, the Speaker’s (The following Member (at his own There are programs serving women party, the Republican party, has made request) to revise and extend his re- and families that are really bearing the the tax code 25 percent more com- marks and include extraneous mate- burden of deficit reduction. The Presi- plicated than it was in 1997, moving in rial:) REIER, for 5 minutes, today. dent’s budget now in front of us slashes exactly the opposite direction. Mr. D funding for countless domestic pro- In 2001, 4 years later, 2001, President f grams. Bush said, Americans want our tax ADJOURNMENT The administration itself in child code to be reasonable and simple and Mr. HOYER. Mr. Speaker, I move care calculates 300,000 additional chil- fair. He was absolutely right. That is dren could lose assistance by 2009 from that the House do now adjourn. what I want. That is what every Amer- The motion was agreed to; accord- the continued freeze in funding. Be- ican wants. These are goals that have tween 2003 and 2004, 200,000 children ingly (at 8 o’clock and 47 minutes shaped my plan. What plan? No plan, p.m.), the House adjourned until to- have lost child care help. no plan here, no plan in the Committee In Medicaid, the administration morrow, Thursday, April 14, 2005, at 10 on Ways and Means, no plan from the a.m. would cut $7.6 billion over 5 years, and White House. the House even more. f b 2045 Education and training: Investment EXECUTIVE COMMUNICATIONS, in high school vocational education And then in 2004, fast forward 3 years, ETC. programs that can help train women just last year: ‘‘The administration has Under clause 8 of rule XII, executive and girls for higher paying, nontradi- made tax simplification a priority, and communications were taken from the tional jobs is totally eliminated. we look forward to working with Con- Speaker’s table and referred as follows: Supplemental nutrition for women, gress to achieve it. A simpler code is infants and children: The cut of $658 something we owe honest taxpayers, 1521. A letter from the Secretary, Depart- million could mean 660,000 fewer preg- and the worst thing of all for the tax ment of Agriculture, transmitting the an- nual assessment of the cattle and hog indus- nant women, infants and children re- cheat.’’ tries, pursuant to Public Law 106–472 7 U.S.C. ceiving WIC assistance in 2010. Mr. Speaker, we agree with the Presi- 181, et seq; to the Committee on Agriculture. I want to boil this down for another dent, but what did we do today? This 1522. A letter from the Acting Adminis- few seconds. Millionaires’ average tax very day, we made the Tax Code more trator, AMS, Department of Agriculture,

VerDate Aug 04 2004 04:17 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K13AP7.137 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1965 transmitting the Department’s final rule — partment of Commerce, transmitting the De- 1544. A letter from the Program Analyst, Nectarines and Peaches Grown in California; partment’s final rule — Amendments Affect- FAA, Department of Transportation, trans- Revision of Handling Requirements for Fresh ing the Country Scope of the End-User/End- mitting the Department’s final rule — Air- Nectarines and Peaches [Docket No. FV05- Use Controls in Section 744.4 of the Export worthiness Directives; Pilatus Aircraft Ltd. 916-1 IFR] received April 1, 2005, pursuant to Administration Regulations (EAR) [Docket Models PC-12 and PC-12/45 Airplanes [Docket 5 U.S.C. 801(a)(1)(A); to the Committee on No. 040615184-4184-01] (RIN: 0694-AD15) re- No. FAA-05-20399; Directorate Identifier 2005- Agriculture. ceived April 5, 2005, pursuant to 5 U.S.C. CE-02-AD; Amendment 39-13988; AD 2005-04- 1523. A letter from the Director, Regu- 801(a)(1)(A); to the Committee on Inter- 16] received March 30, 2005, pursuant to 5 latory Review Group, FSA, Department of national Relations. U.S.C. 801(a)(1)(A); to the Committee on Agriculture, transmitting the Department’s 1534. A letter from the Acting Assistant Transportation and Infrastructure. final rule — Tobacco Transition Assessments Secretary for Legislative Affairs, Depart- 1545. A letter from the Program Analyst, (RIN: 0560-AH31) received February 28, 2005, ment of State, transmitting a report describ- FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ing, to the extent practicable, any involve- mitting the Department’s final rule — Air- mittee on Agriculture. ment of a foreign military or defense min- worthiness Directives; Boeing Model 767-200 1524. A letter from the Comptroller, De- istry civilian that have participated in the and -300 Series Airplanes [Docket No. FAA- partment of Defense, transmitting a report International Military Education and Train- 2004-19446; Directorate Identifier; 2004-NM- of a violation of the Antideficiency Act by ing (IMET) program, and have been identi- 130-AD; Amendment 39-13967; AD 2005-03-11] the Department of the Navy, Case Number fied in the Country Reports on Human (RIN: 2120-AA64) received March 30, 2005, pur- 04-04, pursuant to 31 U.S.C. 1517(b); to the Rights Practices for 2004 as violating inter- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Appropriations. nationally recognized human rights subse- mittee on Transportation and Infrastruc- 1525. A letter from the Acting Under Sec- quent to such training, pursuant to Section retary for Acquisition, Technology and Lo- ture. 549 of the Foreign Assistance Act, as amend- 1546. A letter from the Program Analyst, gistics, Department of Defense, transmitting ed; to the Committee on International Rela- FAA, Department of Transportation, trans- the Selected Acquisition Reports (SARs) for tions. mitting the Department’s final rule — Air- the quarter ending December 31,2003, pursu- 1535. A letter from the Acting Assistant ant to 10 U.S.C. 2432; to the Committee on Secretary for Legislative Affairs, Depart- worthiness Directives; Honeywell Inter- Armed Services. ment of State, transmitting a report on national Inc. TFE731-2 and -3 Series Tur- 1526. A letter from the Acting Under Sec- ’’Overseas Surplus Property,‘‘ pursuant to bofan Engines [Docket No. FAA-2004-18019; retary for Acquisition, Technology, and Lo- Public Law 105–277, section 2215; to the Com- Directorate Identifier 2003-NE-65-AD; gistics, Department of Defense, transmitting mittee on International Relations. Amendment 39-14004; AD 2005-05-15] (RIN: two reports, the first is the ‘‘Department of 1536. A letter from the Acting Assistant 2120-AA64) received March 30, 2005, pursuant Defense (DoD) Chemical and Biological De- Secretary for Legislative Affairs, Depart- to 5 U.S.C. 801(a)(1)(A); to the Committee on fense Program (CBDP) Annual Report to ment of State, transmitting a report man- Transportation and Infrastructure. Congress,’’ and the ’’Department of Defense dated in the Participation of Taiwan in the 1547. A letter from the Program Analyst, (DoD) Chemical and Biological Defense Pro- World Health Organization Act, 2004 (Pub. L. FAA, Department of Transportation, trans- gram (CBDP) Performance Plan for Fiscal 108-235), Section 1(c); to the Committee on mitting the Department’s final rule — Air- Years 2004-2006,‘‘ pursuant to 50 U.S.C. 1523; International Relations. worthiness Directives; Boeing Model 747- to the Committee on Armed Services. 1537. A letter from the Attorney Advisor, 200B, 747-200C, 747-200F, 747-300, and 747SR Se- 1527. A letter from the Acting Under Sec- Department of Transportation, transmitting ries Airplanes Equipped With General Elec- retary for Acquisition, Technology, and Lo- a report pursuant to the Federal Vacancies tric (GE) CF6-45 or -50 Series Engines [Dock- gistics, Department of Defense, transmitting Reform Act of 1998; to the Committee on et No. FAA-2004-19945; Directorate Identifier a report identifying, for each of the armed Government Reform. 2004-NM-22-AD; Amendment 39-14017; AD forces (other than the Coast Guard) and each 1538. A letter from the Attorney Advisor, 2005-06-09] (RIN: 2120-AA64) received March Defense Agency, the percentage of funds that Department of Transportation, transmitting 30, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to were expended during the preceding two fis- a report pursuant to the Federal Vacancies the Committee on Transportation and Infra- cal years for performance of depot-level Reform Act of 1998; to the Committee on structure. maintenance and repair workloads by the Government Reform. 1548. A letter from the Program Analyst, public and private sectors, pursuant to 10 1539. A letter from the Attorney Advisor, FAA, Department of Transportation, trans- U.S.C. 2466(d)(1); to the Committee on Armed Department of Transportation, transmitting mitting the Department’s final rule — Air- Services. a report pursuant to the Federal Vacancies worthiness Directives; Airbus Model A330, 1528. A letter from the Assistant Secretary Reform Act of 1998; to the Committee on A340-200, and A340-300 Series Airplanes for Reserve Affairs, Department of Defense, Government Reform. [Docket No. 2003-NM-256-AD; Amendment 39- transmitting the National Guard ChalleNGe 1540. A letter from the Chairman, Federal 13968; AD 2005-03-12] (RIN: 2120-AA64) received Program Annual Report for Fiscal Year 2004, Mine Safety and Health Review Commission, March 30, 2005, pursuant to 5 U.S.C. transmitting the Program Performance Re- pursuant to 32 U.S.C. 509(k); to the Com- 801(a)(1)(A); to the Committee on Transpor- port for FY 2004, as required by the Govern- mittee on Armed Services. tation and Infrastructure. 1529. A letter from the Director, Defense ment Performance and Results Act; to the 1549. A letter from the Program Analyst, Procurement and Acquisition Policy, De- Committee on Government Reform. FAA, Department of Transportation, trans- partment of Defense, transmitting the De- 1541. A letter from the Chief Administra- mitting the Department’s final rule — Air- partment’s final rule — Defense Federal Ac- tive Officer, transmitting the quarterly re- worthiness Directives; General Electric Com- quisition Regulation Supplement; Resolving port of receipts and expenditures of appro- pany (GE) CF6-80C2 Turbofan Engines; Cor- Tax Problems [DFARS Case 2003-D032] re- priations and other funds for the period Jan- rection [Docket No. 2003-NE-43-AD; Amend- ceived February 28, 2005, pursuant to 5 U.S.C. uary 1, 2005 through March 31, 2005 as com- ment 39-13835; AD 2004-22-07] (RIN: 2120-AA64) 801(a)(1)(A); to the Committee on Armed piled by the Chief Administrative Officer, received March 30, 2005, pursuant to 5 U.S.C. Services. pursuant to 2 U.S.C. 104a Public Law 88–454; 1530. A letter from the Director, Defense (H. Doc. No. 109—19); to the Committee on 801(a)(1)(A); to the Committee on Transpor- Procurement and Acquisition Policy, De- House Administration and ordered to be tation and Infrastructure. partment of Defense, transmitting the De- printed. 1550. A letter from the Program Analyst, partment’s final rule — Defense Federal Ac- 1542. A letter from the Acting Director, Of- FAA, Department of Transportation, trans- quisition Regulation Supplement; Tax Pro- fice of Sustainable Fisheries, NMFS, Na- mitting the Department’s final rule — Air- cedures for Overseas Contracts [DFARS Case tional Oceanic and Atmospheric Administra- worthiness Directives; Airbus Model A300 B4- 2003-D031] received February 28, 2005, pursu- tion, transmitting the Administration’s final 622R and A300 F4-622R Airplanes [Docket No. ant to 5 U.S.C. 801(a)(1)(A); to the Committee rule — Fisheries of the Economic Exclusive FAA-2004-19542; Directorate Identifier 2003- on Armed Services. Zone Off Alaska; Deep-Water Species Fishery NM-282-AD; Amendment 39-14005; AD 2005-05- 1531. A letter from the Chairman, Federal by Vessels Using Trawl Gear in the Gulf of 16] (RIN: 2120-AA64) received March 30, 2005, Financial Institutions Examination Council, Alaska [Docket No. 041126333-5040-02; I.D. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Council’s 2004 Annual Re- 032205C] received April 1, 2005, pursuant to 5 mittee on Transportation and Infrastruc- port, pursuant to 12 U.S.C. 3305; to the Com- U.S.C. 801(a)(1)(A); to the Committee on Re- ture. mittee on Financial Services. sources. 1551. A letter from the Program Analyst, 1532. A letter from the Secretary, Depart- 1543. A letter from the Program Analyst, FAA, Department of Transportation, trans- ment of Health and Human Services, trans- FAA, Department of Transportation, trans- mitting the Department’s final rule — Air- mitting a report on the Status and Condition mitting the Department’s final rule — Air- worthiness Directives; Airbus Model A319, of Head Start Facilities used by the Amer- worthiness Directives; McDonnell Douglas A320, and A231 Series Airplanes [Docket No. ican Indian and Alaska Native Programs, as Model DC-8 Airplanes [Docket No. FAA-2004- FAA-2004-19264; Direcorate Identifier 2004- required by Section 650(b) of the Head Start 19541; Direcorate Identifer 2004-NM-129-AD; NM-90-AD; Amendment 39-14014; AD 2005-06- Act; to the Committee on Education and the Amendment 39-14013; AD 2005-06-05] (RIN: 06] (RIN: 2120-AA64) received March 30, 2005, Workforce. 2120-AA64) received March 30, 2005, pursuant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1533. A letter from the Deputy Assistant to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- Secretary for Export Administration, De- Transportation and Infrastructure. ture.

VerDate Aug 04 2004 02:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\L13AP7.000 H13PT1 H1966 CONGRESSIONAL RECORD — HOUSE April 13, 2005 1552. A letter from the Program Analyst, 1560. A letter from the Program Analyst, [Docket No. FAA-2004-19537; DIrectorate FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- Identifier 2004-NM-145-AD; Amendment 39- mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- 13993; AD 2005-05-05] (RIN: 2120-AA64) received worthiness Directives; Boeing Model 747-100B worthiness Directives; Pratt & Whitney March 30, 2005, pursuant to 5 U.S.C. SUD, -200B, -200C, -200F, and -300 Series Air- JT9D-59A, -70A, -7Q, and -7Q3 Turbofan En- 801(a)(1)(A); to the Committee on Transpor- planes [Docket No. FAA-2005-20431; Direc- gines [Docket No. 2001-NE-27-AD; Amend- tation and Infrastructure. torate Identifier 2005-NM-040-AD; Amend- ment 39-14002; AD 2005-05-13] (RIN: 2120-AA64) 1568. A letter from the Program Analyst, ment 39-13995; AD 2005-04-51] (RIN: 2120-AA64) received March 30, 2005, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- received March 30, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. Amendment of Class D, E2 and E4 Airspace; tation and Infrastructure. 1561. A letter from the Program Analyst, Columbus Lawson AAF, GA, and Class E5 1553. A letter from the Program Analyst, FAA, Department of Transportation, trans- Airspace; Columbus, GA; Correction [Docket FAA, Department of Transportation, trans- mitting the Department’s final rule — Air- No. FAA-2003-16596; Airspace Docket No. 03- mitting the Department’s final rule — Air- worthiness Directives; Eagle Aircraft (Ma- ASO-20] received March 30, 2005, pursuant to worthiness Directives; Airbus Model A300 B2 laysia) Sdn. Bhd. Model Eagle 150B Airplanes 5 U.S.C. 801(a)(1)(A); to the Committee on and B4 Series Airplanes; A300 B4-600, B4-600R, [Docket No. FAA-2004-19897; Directorate Transportation and Infrastructure. and F4-600R Series Airplanes, and Model C4- Identifier 2004-CE-45-AD; Amendment 39- 1569. A letter from the Program Analyst, 605R Variant F Airplanes (Collectively 14003; AD 2005-05-14] (RIN: 2120-AA64) received FAA, Department of Transportation, trans- Called A300-600); and A310 Series Airplanes March 30, 2005, pursuant to 5 U.S.C. mitting the Department’s final rule — Cape [Docket No. FAA-2004-19451; Direcorate Iden- 801(a)(1)(A); to the Committee on Transpor- Town Treaty Implementation [Docket No. tifier 2002-NM-138-AD; Amendment 39-13983; tation and Infrastructure. FAA-2004-19944; Amendment Nos. 47-27 and AD 2005-04-11] (RIN: 2120-AA64) received 1562. A letter from the Program Analyst, 49-10] (RIN: 2120-AI48) received March 8, 2005, March 30, 2005, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Air- mittee on Transportation and Infrastruc- tation and Infrastructure. worthiness Directives; Empresa Brasiliera de ture. 1554. A letter from the Program Analyst, Aeronautica S.A. (EMBRAER) Model EMB- 1570. A letter from the Program Analyst, FAA, Department of Transportation, trans- 135 and -145 Series Airplanes [Docket No. FAA, Department of Transportation, trans- mitting the Department’s final rule — Air- 2003-NM-34-AD; Amendment 39-13998; AD mitting the Department’s final rule — Pro- worthiness Directives; Dassault Model Fal- 2005-05-09] (RIN: 2120-AA64) received March posed Establishment of Class E2 Airspace; con 2000EX and 900EX Series Airplanes 30, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to and Modification of Class E5 Airspace; New- [Docket No. FAA-2005-20425; Directorate the Committee on Transportation and Infra- ton, KS [Docket No. FAA-2004-19579; Airspace Identifier 2005-NM-014; AD; Amendment 39- structure. Docket No. 04-ACE-69] received March 30, 13987; AD 2005-04-15] (RIN: 2120-AA64) received 1563. A letter from the Program Analyst, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the March 30, 2005, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Air- structure. tation and Infrastructure. worthiness Directives; Boeing Model 757-200, 1571. A letter from the Program Analyst, 1555. A letter from the Program Analyst, 757-200CB, and 757-200PF Series Airplanes FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- Equipped with Rolls Royce Model RB211 En- mitting the Department’s final rule — Re- mitting the Department’s final rule — Air- gines [Docket No. FAA-2005-20424; Direc- designation of Mountainous Areas in Alaska worthiness Directives; Boeing Model 757 Se- torate Identifier 2004-NM-268-AD; Amend- [Docket No.: FAA-2004-19532; Amendment No. ries Airplanes [Docket No. FAA-2004-19202; ment 39-13986; AD 2005-04-14] (RIN: 2120-AA64) 95-340] (RIN: 2120-AI44) received March 8, Directorate Identifier 2004-NM-95-AD; received March 30, 2005, pursuant to 5 U.S.C. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Amendment 39-13989; AD 2005-05-01] (RIN: 801(a)(1)(A); to the Committee on Transpor- Committee on Transportation and Infra- 2120-AA64) received March 30, 2005, pursuant tation and Infrastructure. structure. to 5 U.S.C. 801(a)(1)(A); to the Committee on 1564. A letter from the Program Analyst, 1572. A letter from the Program Analyst, Transportation and Infrastructure. FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- 1556. A letter from the Program Analyst, mitting the Department’s final rule — Air- mitting the Department’s final rule — Estab- FAA, Department of Transportation, trans- worthiness Directives; Boeing Model 747-100, lishment of Class E2 Airspace; and Modifica- mitting the Department’s final rule — Air- -100B, -100B SUD, -200B, -200C, -200F, and -300 worthiness Directives; McDonnell Douglas tion of Class E5 Airspace; Ames, IA [Docket Model MD-90-30 Airplanes [Docket No. FAA- Series Airplanes; and Model 747SP and 747SR No. FAA-2004-19580; Airspace Docket No. 04- 2004-19768; Directorate Identifier 2004-NM-184- Series Airplanes; Equipped with Pratt and ACE-70] received March 30, 2005, pursuant to AD; Amendment 39-13990; AD 2005-05-02] (RIN: Whitney Model JT 9D-3 or -7 (except -70) Se- 5 U.S.C. 801(a)(1)(A); to the Committee on 2120-AA64) received March 30, 2005, pursuant ries Engines [Docket No. FAA-2004-19812; Di- Transportation and Infrastructure. 1573. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on rectorate Identifier 2003-NM-197-AD; Amend- FAA, Department of Transportation, trans- Transportation and Infrastructure. ment 39-13996; AD 2005-05-07] (RIN: 2120-AA64) 1557. A letter from the Program Analyst, received March 30, 2005, pursuant to 5 U.S.C. mitting the Department’s final rule — Car- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- rying Candidates in Elections [Docket No. mitting the Department’s final rule — Air- tation and Infrastructure. FAA-2005-20168] (RIN: 2120-AI12) received worthiness Diectives; BAE Systems (Oper- 1565. A letter from the Program Analyst, March 8, 2005, pursuant to 5 U.S.C. ations) Limited Model BAe 146 and Avro 146- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- RJ Series Airplanes [Docket No. FAA-2004- mitting the Department’s final rule — Air- tation and Infrastructure. 18678; Directorate Identifier 2001-NM-312-AD; worthiness Directives; Boeing Model 727 Air- 1574. A letter from the Program Analyst, Amendment 39-13991; AD 2005-05-03] (RIN: planes [Docket No. FAA-2004-19530; Direc- FAA, Department of Transportation, trans- 2120-AA64) received March 30, 2005, pursuant torate Identifier 2002-NM-274-AD; Amend- mitting the Department’s final rule — Estab- to 5 U.S.C. 801(a)(1)(A); to the Committee on ment 39-14008; AD 2005-05-19] (RIN: 2120-AA64) lishment of E2 Airspace; and Modification of Transportation and Infrastructure. received March 30, 2005, pursuant to 5 U.S.C. Class E5 Airspace; Ankeny, IA [Docket No. 1558. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- FAA-2004-19581; Airspace Docket No. 04-ACE- FAA, Department of Transportation, trans- tation and Infrastructure. 71] received March 30, 2005, pursuant to 5 mitting the Department’s final rule — Air- 1566. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on worthiness Directives; Aerospatiale Model FAA, Department of Transportation, trans- Transportation and Infrastructure. ATR 42-200, -300, and -320 Series Airplanes mitting the Department’s final rule — Air- 1575. A letter from the Program Analyst, [Docket No. FAA-2004-19562; Directorate worthiness Directives; BAE Systems (Oper- FAA, Department of Transportation, trans- Identifier 2004-NM-73-AD; Amendment 39- ations) Limited (Jetstream) Model 4101 Air- mitting the Department’s final rule — Estab- 13992; AD 2005-05-04] (RIN: 2120-AA64) received planes [Docket No. FAA-2004-19751; Direc- lishment of Class E Airspace; Mifflintown, March 30, 2005, pursuant to 5 U.S.C. torate Identifier 2002-NM-59-AD; Amendment PA [Docket No. FAA-2004-19458; Airspace 801(a)(1)(A); to the Committee on Transpor- 39-14001; AD 2005-05-12] (RIN: 2120-AA64) re- Docket No. 04-AEA-11] (RIN: 2120-AA66) re- tation and Infrastructure. ceived March 30, 2005, pursuant to 5 U.S.C. ceived on March 30, 2005, pursuant to 5 U.S.C. 1559. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- tation and Infrastructure. tation and Infrastructure. mitting the Department’s final rule — Air- 1567. A letter from the Program Analyst, 1576. A letter from the Program Analyst, worthiness Directives; Rolls-Royce plc Mod- FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- els RB211 Trent 768-60, Trent 772-60, and mitting the Department’s final rule — Air- mitting the Department’s final rule — Modi- Trent 772B-60 Turbofan Engines [Docket No. worthiness Directives; Airbus Model A300 B4- fication of Class E Airspace; Mount Comfort, 2003-NE-28-AD; Amendment 39-13994; AD 2005- 600, B4-600R, and F4-600R Series Airplanes, IN [Docket No. FAA-2004-18948; Airspace 05-06] (RIN: 2120-AA64) received March 30, and Model C4-605R Variant F Airplanes (Col- Docket No. 04-AGL-18] received March 30, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the lectively Called A300-600); and Model A310 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infra- Series Airplanes; Equipped with Certain Committee on Transportation and Infra- structure. Honeywell Inertial Reference Units (IRU) structure.

VerDate Aug 04 2004 02:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\L13AP7.000 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1967 1577. A letter from the Program Analyst, 1587. A letter from the Program Analyst, Committee of the Whole House on the State FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- of the Union. mitting the Department’s final rule — mitting the Department’s final rule — Modi- Mr. BOEHLERT: Committee on Science. Amendment to Class E Airspace; Presque fication of Class E Airspace; Neosho, MO. H.R. 798. A bill to provide for a research pro- Isle, ME [Docket No. FAA-2005-20388; Air- [Docket No. FAA-2005-20063; Airspace Docket gram for remediation of closed methamphet- space Docket No. 05-AEA-04] (RIN: 2120- No. 05-ACE-5] (RIN: 2120-AA66) received on amine production laboratories, and for other AA66) received on March 30, 2005, pursuant to March 30, 2005, pursuant to 5 U.S.C. purposes; with an amendment (Rept. 109–42). 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- Referred to the Committee on the Whole Transportation and Infrastructure. tation and Infrastructure. House on the State of the Union. 1578. A letter from the Program Analyst, 1588. A letter from the Program Analyst, Mr. GINGREY: Committee on Rules. House FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- Resolution 211. Resolution providing for con- mitting the Department’s final rule — Estab- mitting the Department’s final rule — Modi- sideration of the bill (S. 256) to amend title lishment of Class E Airspace; Angoon, AK fication of Class E Airspace; Macon, MO. II of the United States Code, and for other [Docket No. FAA-2004-19414; Airspace Docket [Docket No. FAA-2005-20066; Airspace Docket purposes (Rept. 109–43). Referred to the No. 04-AAL-16] received March 30, 2005; to the No. 05-ACE-8] (RIN: 2120-AA66) received on House Calendar. Committee on Transportation and Infra- March 30, 2005, pursuant to 5 U.S.C. f structure. 801(a)(1)(A); to the Committee on Transpor- 1579. A letter from the Program Analyst, tation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS FAA, Department of Transportation, trans- 1589. A letter from the Secretary, Depart- mitting the Department’s final rule — Modi- ment of Health and Human Services, trans- Under clause 2 of rule XII, public fication of Class E Airspace, Hibbing, MN mitting a letter containing the initial esti- bills and resolutions were introduced [Docket No. FAA-2004-18534; Airspace Docket mate for the applicable percentage increase and severally referred, as follows: No. 04-AGL-17] received March 30, 2005, pur- in Medicare’s hospital inpatient prospective suant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. TANCREDO (for himself, Mr. payment system (IPPS) rates for Federal fis- mittee on Transportation and Infrastruc- JONES of North Carolina, Mr. COBLE, cal year (FY) 2006; to the Committee on ture. and Mr. GARRETT of New Jersey): 1580. A letter from the Program Analyst, Ways and Means. H.R. 1587. A bill to match willing United FAA, Department of Transportation, trans- 1590. A letter from the Commissioner, So- States workers with employers, to increase mitting the Department’s final rule — Modi- cial Security Administration, transmitting a and fairly apportion H-2B visas, and to en- fication of Class E Airspace; Coffeyville, KS. report providing notice that the Commis- sure that H-2B visas serve their intended [Docket No. FAA-2004-19583; Airspace Docket sioner has completed the five year nation- purpose; to the Committee on the Judiciary. No. 04-ACE-73] (RIN: 2120-AA66) received on wide demonstration project to extend fee By Mr. EVANS (for himself, Mr. FIL- March 30, 2005, pursuant to 5 U.S.C. withholding and direct payment of author- NER, Mr. GUTIERREZ, Ms. CORRINE 801(a)(1)(A); to the Committee on Transpor- ized fees under Titles II and XVI of the So- BROWN of Florida, Mr. MICHAUD, Ms. tation and Infrastructure. cial Security Act to certain non-attorney HERSETH, Mr. STRICKLAND, Ms. BERK- 1581. A letter from the Program Analyst, representatives providing that they meet LEY, Mr. UDALL of New Mexico, Mrs. FAA, Department of Transportation, trans- certain prerequisites, pursuant to Public DAVIS of California, Mr. BISHOP of mitting the Department’s final rule — Modi- Law 108—206, section 303; to the Committee Georgia, Mr. DEFAZIO, Mr. LYNCH, fication of Class E Airspace; Mountain on Ways and Means. Ms. DELAURO, Mr. GRIJALVA, Mr. VAN Grove, MO [Docket No. FAA-2005-20064; Air- 1591. A letter from the Secretary, Depart- HOLLEN, Ms. EDDIE BERNICE JOHNSON space Docket No. 05-ACE-6] received March ment of Veterans Affairs, transmitting the of Texas, Mr. MCDERMOTT, Mr. 30, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to biennial report describing the administra- SCHIFF, Mr. ABERCROMBIE, Mr. CASE, the Committee on Transportation and Infra- tion of the Montgomery GI Bill education as- Mr. MCGOVERN, Mr. PETERSON of structure. sistance program, covering the program Minnesota, Mrs. JONES of Ohio, Ms. 1582. A letter from the Program Analyst, through September 30, 2004, pursuant to 38 BORDALLO, Mr. ORTIZ, Mr. GEORGE FAA, Department of Transportation, trans- U.S.C. 3036; jointly to the Committees on MILLER of California, Mr. ANDREWS, mitting the Department’s final rule — Modi- Armed Services and Veterans’ Affairs. Mr. BAIRD, Mr. KENNEDY of Rhode Is- fication of Class E Airspace; Rolla/Vichy, 1592. A letter from the Secretary, Depart- land, Mr. LANGEVIN, Mr. KUCINICH, MO. [Docket No. FAA-2005-20059; Airspace ment of State, transmitting the 2004 Annual Mr. EMANUEL, and Mr. TAYLOR of Docket No. 05-ACE-1] (RIN No. 2120-AA66) re- Report on United Nations voting practices, Mississippi): ceived on March 30, 2005, pursuant to 5 U.S.C. pursuant to 22 U.S.C. 2414a; jointly to the H.R. 1588. A bill to improve programs for 801(a)(1)(A); to the Committee on Transpor- Committees on International Relations and the identification and treatment of post-de- tation and Infrastructure. Appropriations. ployment mental health conditions, includ- 1583. A letter from the Program Analyst, 1593. A letter from the Assistant Attorney ing post-traumatic stress disorder, in vet- FAA, Department of Transportation, trans- General for Legislative Affairs, Department erans and members of the Armed Forces, and mitting the Department’s final rule — Estab- of Justice, transmitting a report required by for other purposes; to the Committee on Vet- lishment of Class E2 Airspace; and Modifica- the Foreign Intelligence Surveillance Act of erans’ Affairs, and in addition to the Com- tion of Class E5 Airspace; Newton, IA [Dock- 1978, pursuant to 50 U.S.C. 1807; jointly to the mittee on Armed Services, for a period to be et No. FAA-2004-19582; Airspace Docket No. Committees on the Judiciary and Intel- subsequently determined by the Speaker, in 04-ACE-72], pursuant to 5 U.S.C. 801(a)(1)(A); ligence (Permanent Select). each case for consideration of such provi- to the Committee on Transportation and In- sions as fall within the jurisdiction of the frastructure. f 1584. A letter from the Program Analyst, committee concerned. REPORTS OF COMMITTEES ON By Ms. WOOLSEY (for herself, Mr. FAA, Department of Transportation, trans- PUBLIC BILLS AND RESOLUTIONS mitting the Department’s final rule — Modi- GEORGE MILLER of California, Ms. fication of Class E Airspace; Rolla/Vichy, Under clause 2 of rule XIII, reports of DELAURO, Mr. OWENS, Mr. KILDEE, MO. [Docket No. FAA-2005-20059; Airspace committees were delivered to the Clerk Mr. WEXLER, Ms. MILLENDER-MCDON- Docket No. 05-ACE-1] (RIN: 2120-AA66) re- ALD, Mr. KUCINICH, Ms. CARSON, Mr. for printing and reference to the proper FILNER, Mr. SANDERS, Mr. WAXMAN, ceived on March 30, 2005, pursuant to 5 U.S.C. calendar, as follows: 801(a)(1)(A); to the Committee on Transpor- Mr. LANTOS, Mr. BLUMENAUER, Mr. tation and Infrastructure. Mr. OXLEY: Committee on Financial Serv- DAVIS of Illinois, Mr. RUSH, Ms. 1585. A letter from the Program Analyst, ices. H.R. 902. A bill to improve circulation PELOSI, Mrs. MCCARTHY, Ms. CORRINE FAA, Department of Transportation, trans- of the $1 coin, create a new bullion coin, and BROWN of Florida, Mrs. CHRISTENSEN, mitting the Department’s final rule — Modi- for other purposes; with amendments (Rept. Ms. JACKSON-LEE of Texas, Mr. fication of Class E Airspace, Mena, AR 109–39). Referred to the Committee of the HINOJOSA, Mr. PAYNE, Mrs. JONES of [Docket No. FAA-2004-19405; Airspace Docket Whole House on the State of the Union. Ohio, Mr. MCDERMOTT, Ms. MATSUI, No. 2004-ASW-14] received March 30, 2005, Mr. OXLEY: Committee on Financial Serv- Ms. WASSERMAN SCHULTZ, Ms. SOLIS, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ices. H.R. 458. A bill to prevent the sale of Mrs. CAPPS, Ms. KILPATRICK of Michi- mittee on Transportation and Infrastruc- abusive insurance and investment products gan, Mr. BROWN of Ohio, Mr. JACKSON ture. to military personnel (Rept. 109–40). Referred of Illinois, Ms. LEE, Ms. LINDA T. 1586. A letter from the Program Analyst, to the Committee of the Whole House on the SA´ NCHEZ of California, Mrs. DAVIS of FAA, Department of Transportation, trans- State of the Union. California, Mr. GRIJALVA, Ms. MCKIN- mitting the Department’s final rule — Estab- Mr. BOEHNER: Committee on Education NEY, Mr. FARR, Mr. LEWIS of Georgia, lishment of Class E Airspace; Beluga AK and the Workforce. H.R. 525. A bill to amend Ms. WATSON, and Mr. DOGGETT): [Docket No. FAA-2004-19696; Airspace Docket title I of the Employee Retirement Income H.R. 1589. A bill to improve the lives of No. 04-AAL-24] received March 30, 2005, pur- Security Act of 1974 to improve access and working families by providing family and suant to 5 U.S.C. 801(a)(1)(A); to the Com- choice for entrepreneurs with small busi- medical need assistance, child care assist- mittee on Transportation and Infrastruc- nesses with respect to medical care for their ance, in-school and afterschool assistance, ture. employees (Rept. 109–41). Referred to the family care assistance, and encouraging the

VerDate Aug 04 2004 02:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\L13AP7.000 H13PT1 H1968 CONGRESSIONAL RECORD — HOUSE April 13, 2005 establishment of family-friendly workplaces; H.R. 1596. A bill to amend the Outer Conti- By Mr. HERGER (for himself and Mr. to the Committee on Education and the nental Shelf Lands Act to promote uses on POMEROY): Workforce, and in addition to the Commit- the Outer Continental Shelf; to the Com- H.R. 1607. A bill to amend the Internal Rev- tees on House Administration, Government mittee on Resources. enue Code of 1986 to allow tax-free distribu- Reform, and Financial Services, for a period By Ms. BALDWIN (for herself, Mr. tions from individual retirement accounts to be subsequently determined by the Speak- BROWN of Ohio, Mr. KUCINICH, Mr. for charitable purposes; to the Committee on er, in each case for consideration of such pro- CHABOT, Mr. GONZALEZ, and Mr. SEN- Ways and Means. visions as fall within the jurisdiction of the SENBRENNER): By Ms. HERSETH (for herself, Mr. committee concerned. H.R. 1597. A bill to amend the Internal Rev- OSBORNE, Mr. PETERSON of Min- By Mr. KIND (for himself and Mr. enue Code of 1986 to increase the age limit nesota, Mr. KING of Iowa, Mr. BERRY, FLAKE): for the child tax credit; to the Committee on Mr. POMEROY, Mr. GRAVES, Mr. BOS- H.R. 1590. A bill to amend the Food Secu- Ways and Means. WELL, Ms. MCCOLLUM of Minnesota, rity Act of 1985 to restore integrity to, and By Mr. BILIRAKIS (for himself, Mr. Mr. SKELTON, Mr. KENNEDY of Min- strengthen payment limitation rules for, EVANS, Mr. FILNER, Ms. HART, Mr. nesota, Ms. KAPTUR, Mr. MCHUGH, commodity payments and benefits; to the FOLEY, Mr. FOSSELLA, and Mr. Mr. FORTENBERRY, Mr. MORAN of Committee on Agriculture. WHITFIELD): Kansas, Mr. LEACH, Mr. RYUN of Kan- By Mr. GILCHREST (for himself, Mr. H.R. 1598. A bill to amend title 38, United sas, Mr. STRICKLAND, Mr. LATHAM, EHLERS, Mr. KIRK, Mr. BLUMENAUER, States Code, to provide improved benefits for Mr. LAHOOD, Ms. CARSON, Mr. PENCE, and Mr. DEFAZIO): veterans who are former prisoners of war; to Mr. NUSSLE, Mr. TERRY, and Mr. H.R. 1591. A bill to amend the Nonindige- the Committee on Veterans’ Affairs. CHANDLER): nous Aquatic Nuisance Prevention and Con- By Mr. BRADLEY of New Hampshire: H.R. 1608. A bill to amend the Clean Air trol Act of 1990 to reauthorize and improve H.R. 1599. A bill to amend the Internal Rev- Act to increase production and use of renew- that Act; to the Committee on Transpor- enue Code of 1986 to extend for two years the able fuel and to increase the energy inde- tation and Infrastructure, and in addition to higher exemption amounts under the alter- pendence of the United States, and for other the Committee on Resources, for a period to native minimum tax for individuals and to purposes; to the Committee on Energy and be subsequently determined by the Speaker, adjust the exemption amounts and phaseout Commerce. in each case for consideration of such provi- thresholds in the alternative minimum tax By Mr. HOLT: sions as fall within the jurisdiction of the for inflation; to the Committee on Ways and H.R. 1609. A bill to reduce until December committee concerned. Means. 31, 2008, the duty on potassium sorbate; to By Mr. EHLERS (for himself, Mr. By Mrs. CUBIN (for herself, Mr. RA- the Committee on Ways and Means. GILCHREST, Mr. BOEHLERT, Mr. BAIRD, HALL, Mr. SHIMKUS, Mr. COSTELLO, By Mr. HOLT: Mr. HONDA, and Mr. KIRK): and Mr. NEY): H.R. 1610. A bill to reduce until December H.R. 1592. A bill to establish marine and H.R. 1600. A bill to amend the Surface Min- 31, 2008, the duty on sorbic acid; to the Com- freshwater research, development, and dem- ing Control and Reclamation Act of 1977 to mittee on Ways and Means. onstration programs to support efforts to reauthorize and reform the Abandoned Mine By Ms. HOOLEY: prevent, control, and eradicate invasive spe- Reclamation Program, and for other pur- H.R. 1611. A bill to modify the calculation cies, as well as to educate citizens and stake- poses; to the Committee on Resources. of back pay for persons who were approved holders and restore ecosystems; to the Com- By Mr. FATTAH: for promotion as members of the Navy and Marine Corps while interned as prisoners of mittee on Science, and in addition to the H.R. 1601. A bill to require a study and war during World War II to take into ac- Committees on Transportation and Infra- comprehensive analytical report on trans- count changes in the Consumer Price Index; structure, Resources, and House Administra- forming America by reforming the Federal to the Committee on Armed Services. tion, for a period to be subsequently deter- tax code through elimination of all Federal taxes on individuals and corporations and re- By Ms. KAPTUR: mined by the Speaker, in each case for con- H.R. 1612. A bill to establish ethanol and sideration of such provisions as fall within placing the Federal tax code with a trans- action fee-based system; to the Committee biodiesel fuel requirements for the Federal the jurisdiction of the committee concerned. fleet; to the Committee on Government Re- By Mr. EHLERS: on Ways and Means. By Mr. GALLEGLY: form. H.R. 1593. A bill to establish the National By Mr. KENNEDY of Rhode Island (for Invasive Species Council, and for other pur- H.R. 1602. A bill to provide grants for pros- himself, Mr. FRANK of Massachusetts, poses; to the Committee on Resources. ecutions of cases cleared through use of DNA Mr. HINCHEY, Ms. MILLENDER-MCDON- By Mr. BRADLEY of New Hampshire backlog clearance funds; to the Committee on the Judiciary. ALD, Ms. LEE, Ms. JACKSON-LEE of (for himself and Mr. MEEHAN): Texas, Mr. GEORGE MILLER of Cali- H.R. 1594. A bill to require the Secretary of By Mr. GINGREY: fornia, Mr. MCDERMOTT, Mr. Defense to develop and implement a plan to H.R. 1603. A bill to require the Bureau of GRIJALVA, Ms. LINDA T. SA´ NCHEZ of provide chiropractic health care services and Alcohol, Tobacco, Firearms, and Explosives to make video recordings of the examination California, Mr. OWENS, Ms. WOOLSEY, benefits as part of the TRICARE program; to and testing of firearms and ammunition, and Mr. KUCINICH, Mr. PLATTS, Mr. ABER- the Committee on Armed Services. for other purposes; to the Committee on the CROMBIE, Mr. WEXLER, Mrs. LOWEY, By Ms. BORDALLO (for herself, Mr. Judiciary, and in addition to the Committee Mr. HIGGINS, Mr. HINOJOSA, and Mr. RAHALL, Mr. SENSENBRENNER, Mr. on Ways and Means, for a period to be subse- SERRANO): CONYERS, Mr. YOUNG of Alaska, Mr. quently determined by the Speaker, in each H.R. 1613. A bill to amend the Public SKELTON, Mr. BURTON of Indiana, Mr. case for consideration of such provisions as Health Service Act to authorize formula LANTOS, Mr. JONES of North Carolina, fall within the jurisdiction of the committee grants to States to provide access to afford- Mr. HONDA, Mr. FLAKE, Mr. EVANS, concerned. able health insurance for certain child care Mr. RENZI, Ms. VELZQUEZ, Mr. providers and staff, and for other purposes; ˜ By Ms. GRANGER: FORTUNO, Mr. GEORGE MILLER of Cali- H.R. 1604. A bill to amend title 10, United to the Committee on Energy and Commerce. fornia, Mr. ISSA, Mr. SCOTT of Vir- States Code, to provide for the inclusion of By Mrs. LOWEY: ginia, Mr. MILLER of Florida, Ms. ZOE hazardous duty pay and diving pay in the H.R. 1614. A bill to amend the Internal Rev- LOFGREN of California, Mr. computation of military retired pay for enue Code of 1986 to reduce estate tax rates FALEOMAVAEGA, Mr. ABERCROMBIE, members of the Armed Forces with extensive by 20 percent, to increase the unified credit Mr. WILSON of South Carolina, Mr. hazardous duty experience, to require a against estate and gift taxes to the equiva- ORTIZ, Mr. ALEXANDER, Mrs. Comptroller General study on the need for a lent of a $3,000,000 exclusion and to provide CHRISTENSEN, Mr. REHBERG, Mr. tax credit for businesses that employ mem- an inflation adjustment of such amount, and KIND, Mrs. NAPOLITANO, Mr. UDALL of bers of the National Guard and Reserve, and for other purposes; to the Committee on New Mexico, Mr. GRIJALVA, Mr. to require a report by the Secretary of De- Ways and Means. CARDOZA, Mr. TOWNS, Mr. PAYNE, Ms. fense on the expansion of the Junior ROTC By Mr. MCDERMOTT (for himself, Mr. NORTON, Mr. BECERRA, Mr. HASTINGS and similar military programs for young PETRI, Ms. EDDIE BERNICE JOHNSON of of Florida, Mr. HOLDEN, Ms. BERKLEY, people; to the Committee on Armed Services. Texas, Mr. LEACH, Mr. FARR, Mr. Mr. CROWLEY, Ms. SCHAKOWSKY, Mr. By Mr. HENSARLING: SHAYS, Mr. PALLONE, Mr. RAMSTAD, LANGEVIN, Ms. SOLIS, Mr. WU, Ms. H.R. 1605. A bill to amend the Federal Elec- Mr. KILDEE, Mr. JOHNSON of Illinois, WATSON, Mr. CASE, Mr. SCOTT of tion Campaign Act of 1971 to exclude commu- Mr. SPRATT, Mr. WALSH, Mrs. Georgia, and Ms. MATSUI): nications over the Internet from the defini- TAUSCHER, Mr. BOEHLERT, and Mr. H.R. 1595. A bill to implement the rec- tion of public communication; to the Com- GEORGE MILLER of California): ommendations of the Guam War Claims Re- mittee on House Administration. H.R. 1615. A bill to ensure that proper plan- view Commission; to the Committee on Re- By Mr. HENSARLING: ning is undertaken to secure the preserva- sources. H.R. 1606. A bill to amend the Federal Elec- tion and recovery of the salmon and By Mr. ALEXANDER (for himself, Mr. tion Campaign Act of 1971 to exclude commu- steelhead of the Columbia River basin and BAKER, Mr. JINDAL, Mr. JEFFERSON, nications over the Internet from the defini- the maintenance of reasonably priced, reli- Mr. BOUSTANY, Mr. MCCRERY, and Mr. tion of public communication; to the Com- able power, to direct the Secretary of Com- MELANCON): mittee on House Administration. merce to seek scientific analysis of Federal

VerDate Aug 04 2004 02:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\L13AP7.100 H13PT1 April 13, 2005 CONGRESSIONAL RECORD — HOUSE H1969 efforts to restore salmon and steelhead listed By Mr. STRICKLAND: tary Child’’; to the Committee on Armed under the Endangered Species Act of 1973, H.R. 1623. A bill to recognize the organiza- Services. tion known as the National Academies of and for other purposes; to the Committee on f Resources, and in addition to the Committee Practice; to the Committee on the Judiciary. on Transportation and Infrastructure, for a By Mr. THOMPSON of California (for PRIVATE BILLS AND period to be subsequently determined by the himself, Mr. BOSWELL, Mr. SALAZAR, RESOLUTIONS Mr. CRAMER, Mr. BISHOP of Georgia, Speaker, in each case for consideration of Under clause 3 of rule XII, such provisions as fall within the jurisdic- Ms. HERSETH, Mr. CHANDLER, Mrs. tion of the committee concerned. TAUSCHER, Mr. COSTA, Mr. ISRAEL, Mr. GUTIERREZ introduced A bill (H.R. By Mr. MCHENRY (for himself, Mr. Mr. CARDOZA, Mr. BERRY, Mrs. 1628) for the relief of Elvira Arellano; which GRAVES, Mr. KENNEDY of Minnesota, MCCARTHY, and Ms. HOOLEY): was referred to the Committee on the Judici- Mr. SOUDER, Mr. BURTON of Indiana, H.R. 1624. A bill to amend the Internal Rev- ary. Mr. WALDEN of Oregon, Ms. FOXX, enue Code of 1986 to provide for the imme- f Miss MCMORRIS, and Mr. BOOZMAN): diate and permanent repeal of the estate tax H.R. 1616. A bill to amend the Controlled on family-owned businesses and farms, and ADDITIONAL SPONSORS Substances Act to provide an increased pen- for other purposes; to the Committee on Under Clause 7 of Rule XII, sponsors alty for endangering the life of a child while Ways and Means. were added to public bills and resolu- By Mr. VISCLOSKY: illegally manufacturing a controlled sub- tions as follows: stance; to the Committee on the Judiciary, H.R. 1625. A bill to amend the Act entitled and in addition to the Committee on Energy ‘‘An Act to provide for the establishment of H.R. 8: Mrs. NORTHUP, Mr. ISSA, and Mr. and Commerce, for a period to be subse- the Indiana Dunes National Lakeshore, and GALLEGLY. quently determined by the Speaker, in each for other purposes‘‘ to clarify the authority H.R. 13: Mr. LAHOOD. case for consideration of such provisions as of the Secretary of the Interior to accept do- H.R. 22: Mr. DUNCAN, Mr. BRADLEY of New nations of lands that are contiguous to the fall within the jurisdiction of the committee Hampshire, Mr. LATOURETTE, and Mr. TURN- Indiana Dunes National Lakeshore, and for concerned. ER. other purposes; to the Committee on Re- By Mr. PETRI: H.R. 25: Mr. GRAVES. H.R. 1617. A bill to allow borrowers consoli- sources. H.R. 49: Mr. MCDERMOTT. dating student loans to choose a variable or By Mr. WU: H.R. 69: Mr. MCCAUL of Texas. H.R. 1626. A bill to amend part D of title fixed interest rate, and for other purposes; to H.R. 97: Mr. EDWARDS and Mrs. DRAKE. XVIII of the Social Security Act to authorize H.R. 147: Ms. HART. the Committee on Education and the Work- the Secretary of Health and Human Services force. H.R. 266: Mr. BOUSTANY. to negotiate for lower prices for Medicare H.R. 269: Mr. CARDOZA. By Mr. RENZI (for himself, Mr. SMITH prescription drugs and to eliminate the gap of New Jersey, Mr. HAYWORTH, and H.R. 304: Mr. CARDOZA. in coverage of Medicare prescription drug H.R. 311: Mr. BARROW, Mr. KIRK, Mr. Mr. JONES of North Carolina): benefits, to authorize the Secretary of H.R. 1618. A bill to amend title 38, United MCGOVERN, Mr. MEEK of Florida, Mr. MORAN Health and Human Services to promulgate of Virginia, Mr. MCNULTY, Mr. NADLER, Mr. States Code, to establish a group disability regulations for the reimportation of pre- insurance benefit for members of the Armed LANTOS, Mr. NEAL of Massachusetts, Mr. scription drugs, and for other purposes; to HASTINGS of Florida, Ms. BORDALLO, Mr. Forces who incur certain severe disabilities; the Committee on Energy and Commerce, ETHERIDGE, Mr. ROSS, Mr. WU, Mr. TOWNS, to the Committee on Veterans’ Affairs. and in addition to the Committee on Ways Mr. JEFFERSON, and Mr. WEINER. By Mr. SANDERS (for himself, Mr. and Means, for a period to be subsequently H.R. 312: Ms. ROS-LEHTINEN. WEINER, Mr. OWENS, Ms. JACKSON-LEE determined by the Speaker, in each case for H.R. 339: Mr. SENSENBRENNER. of Texas, Mr. CONYERS, Mr. KUCINICH, consideration of such provisions as fall with- H.R. 371: Ms. HERSETH, Mr. NORWOOD, Mr. Mr. GEORGE MILLER of California, Ms. in the jurisdiction of the committee con- BERRY, Mr. ANDREWS, and Mr. HOLT. LEE, Mr. EVANS, Mr. JACKSON of Illi- cerned. H.R. 466: Mr. GREEN of Wisconsin. nois, Mr. GRIJALVA, Ms. KILPATRICK By Mr. WU: H.R. 523: Mr. HENSARLING. of Michigan, Ms. WOOLSEY, Mr. H.R. 1627. A bill to amend title XVIII of the H.R. 525: Mr. MARIO DIAZ-BALART of Flor- TIERNEY, Mr. STARK, Mr. CUMMINGS, Social Security Act to provide geographic ida, Ms. LEE, Mr. SMITH of Texas, and Mr. Ms. SCHAKOWSKY, Mr. MCGOVERN, and equity in fee-for-service reimbursement for BURGESS. Mr. LANTOS): providers under the Medicare Program; to H.R. 527: Ms. ZOE LOFGREN of California, H.R. 1619. A bill to amend the Truth in the Committee on Ways and Means, and in Mr. MURTHA, and Mr. CASE. Lending Act to protect consumers from addition to the Committee on Energy and H.R. 535: Mr. GEORGE MILLER of California, usury and unreasonable fees, and for other Commerce, for a period to be subsequently Ms. HARMAN, Mr. RANGEL, and Ms. ESHOO. purposes; to the Committee on Financial determined by the Speaker, in each case for H.R. 556: Mr. LANTOS, Mr. OLVER, and Ms. Services. consideration of such provisions as fall with- SCHWARTZ of Pennsylvania. By Mr. SHERMAN (for himself and Mr. in the jurisdiction of the committee con- H.R. 558: Mr. CARDOZA. SMITH of Texas): cerned. H.R. 602: Mr. RANGEL, Mr. SHAW, Mrs. H.R. 1620. A bill to establish the Commis- By Mr. FOLEY (for himself, Mr. SHAYS, JONES of Ohio, Mrs. KELLY, Mrs. BONO, Mr. sion on Freedom of Information Act Proc- and Ms. FOXX): essing Delays; to the Committee on Govern- H.J. Res. 41. A joint resolution proposing CRAMER, Ms. SCHWARTZ of Pennsylvania, and ment Reform. an amendment to the Constitution of the Mr. RAHALL. By Mr. SIMMONS (for himself, Mr. VAN United States to provide that no person born H.R. 624: Mr. GOODLATTE. HOLLEN, Mrs. CAPITO, Mr. FERGUSON, in the United States will be a United States H.R. 625: Mr. LANTOS. Mr. ROGERS of Michigan, Mr. WILSON citizen unless a parent is a United States cit- H.R. 651: Mr. SKELTON. of South Carolina, Mr. HOEKSTRA, izen, or is lawfully admitted for permanent H.R. 653: Mr. WU, Mr. CARNAHAN, Mrs. Mrs. MILLER of Michigan, Mr. GER- residence in the United States, at the time of NAPOLITANO, Mr. MEEKS of New York, Ms. LACH, Mr. MCCOTTER, Mr. MCHUGH, the birth; to the Committee on the Judici- HERSETH, Mr. MCGOVERN, and Mr. CHANDLER. Mr. SHIMKUS, Mr. DAVIS of Kentucky, ary. H.R. 669: Mr. WALSH. Mr. SMITH of New Jersey, Mr. PITTS, By Mr. DREIER: H.R. 676: Mr. OLVER. Mr. LOBIONDO, Mr. HAYES, Mr. H. Con. Res. 131. Concurrent resolution ex- H.R. 712: Mr. WAMP. HOYER, Mr. MORAN of Virginia, Ms. pressing the sense of Congress relating to a H.R. 719: Mr. EVERETT, Mr. BERRY, Mr. HIN- KILPATRICK of Michigan, Ms. ROYBAL- free trade agreement between the United CHEY, Mr. SNYDER, Mr. THOMPSON of Mis- ALLARD, Ms. LINDA T. SA´ NCHEZ of States and the European Union (EU); to the sissippi, Mr. FARR, Mr. GORDON, and Mr. California, Mr. CARDIN, Ms. NORTON, Committee on Ways and Means. LAHOOD. Mr. BISHOP of New York, Mr. PRICE of By Mr. MORAN of Virginia (for him- H.R. 758: Ms. GRANGER. North Carolina, Mr. COOPER, Mr. self, Mr. MEEHAN, Mr. ISSA, Mr. H.R. 762: Mr. RYAN of Ohio. TIBERI, Mr. HOLT, Mr. RANGEL, Mr. GRIJALVA, Mrs. DAVIS of California, H.R. 763: Mr. RYAN of Ohio. FRANK of Massachusetts, Ms. FOXX, Mr. LARSEN of Washington, Mr. RYAN H.R. 772: Mr. SCOTT of Georgia, Mr. and Mr. LATOURETTE): of Ohio, Mr. SMITH of Washington, GRIJALVA, Mr. MENENDEZ, and Mr. GENE H.R. 1621. A bill to amend the Internal Rev- Mr. BARTLETT of Maryland, Mr. GREEN of Texas. enue Code of 1986 to repeal the authority of REYES, Mr. MCINTYRE, Mr. JONES of H.R. 780: Ms. WATSON, Mrs. CHRISTENSEN, the Secretary of the Treasury to enter into North Carolina, Mrs. JONES of Ohio, Mr. INSLEE, Mr. ETHERIDGE, and Mr. MOORE private tax collection contracts; to the Com- Mr. ABERCROMBIE, Mr. SKELTON, Mr. of Kansas. mittee on Ways and Means. SNYDER, Mr. SPRATT, Mr. SHIMKUS, H.R. 787: Mr. DANIEL E. LUNGREN of Cali- By Mr. STEARNS: Mrs. MCCARTHY, Mr. HAYES, Mrs. fornia, Mr. MCKEON, Ms. HARMAN, and Mr. H.R. 1622. A bill to amend the Communica- DRAKE, Ms. KAPTUR, Mr. TAYLOR of CUNNINGHAM. tions Act of 1934 to reduce restrictions on Mississippi, and Mr. NEUGEBAUER): H.R. 798: Mr. LEWIS of Kentucky. media ownership, and for other purposes; to H. Res. 212. A resolution honoring military H.R. 808: Mr. ABERCROMBIE, Mr. BOYD, Mr. the Committee on Energy and Commerce. children during ‘‘National Month of the Mili- BUTTERFIELD, Mrs. JO ANN DAVIS of Virginia,

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Mr. FORTUN˜ O, Mr. FRANK of Massachusetts, H.R. 1279: Mr. GALLEGLY. H.R. 1578: Mr. WAMP, Mr. SENSENBRENNER, Mr. GUTIERREZ, Ms. HERSETH, Mr. HOLDEN, H.R. 1281: Mr. RANGEL and Mr. JEFFERSON. and Mr. CANNON. Mr. KIND, Mr. NEAL of Massachusetts, Mr. H.R. 1309: Mr. GRIJALVA and Mr. RANGEL. H.J. Res. 23: Mr. WU, Mr. EVANS, Mr. PAUL, Mr. VAN HOLLEN, Mr. MURPHY, Mr. H.R. 1316: Mr. PAUL, Mr. DOOLITTLE, Mr. WEINER, Mr. SERRANO, and Mr. KENNEDY of CONAWAY, Mr. MICHAUD, Mr. LATOURETTE, SESSIONS, Mr. COLE of Oklahoma, and Mr. Rhode Island. Mr. GRIJALVA, Ms. LEE, Mr. BAKER, Mr. MILLER of Florida. H.J. Res. 27: Mr. SENSENBRENNER. BERRY, Mr. HEFLEY, Mr. SERRANO, Mr. ALEX- H.R. 1317: Mr. WAXMAN. H.J. Res. 28: Ms. MOORE of Wisconsin, Mr. ANDER, and Mr. ORTIZ. H.R. 1329: Mr. NADLER, Mr. BOSWELL, Mr. FILNER, Ms. LINDA T. SA´ NCHEZ of California, H.R. 809: Mr. HOSTETTLER, Mr. ROYCE, Mr. BROWN of Ohio, Mr. MORAN of Virginia, and and Mr. GRIJALVA. TURNER, Mr. GREEN of Wisconsin, Mr. SES- Mr. MCDERMOTT. H.J. Res. 29: Mr. DAVIS of Illinois, Mr. SIONS, and Mr. CULBERSON. H.R. 1337: Mr. CULBERSON, Mr. GOODE, Mr. PAYNE, Mr. GRIJALVA, and Mr. BISHOP of H.R. 819: Mr. JOHNSON of Illinois, Mrs. CANTOR, Mr. CONAWAY, Mr. COLE of Okla- Georgia. KELLY, Mr. PETERSON of Minnesota, Ms. ROS- homa, Mr. GINGREY, Mr. CARTER, Mr. H.J. Res. 30: Mr. HINCHEY, Mr. LEWIS of LEHTINEN, and Mr. GUTKNECHT. MARCHANT, Mr. COX, Mr. RYAN of Wisconsin, Georgia, Ms. WOOLSEY, Mr. DAVIS of Illinois, H.R. 827: Mr. CAMP. Mr. SAM JOHNSON of Texas, Mr. HENSARLING, Mr. GRIJALVA, and Mr. SANDERS. H.R. 867: Mr. CUELLAR. Mr. TANCREDO, Mr. DOOLITTLE, Mr. POE, Mr. H. Con. Res. 24: Mr. INSLEE, Mr. H.R. 869: Mr. FRANK of Massachusetts. PRICE of Georgia, Mr. BARRETT of South FALEOMAVAEGA, Mr. GERLACH, Mr. H.R. 881: Mr. SHAW. Carolina, and Mr. SODREL. DELAHUNT, Mr. MARKEY, Mr. SIMMONS, Mr. H.R. 908: Mr. TOWNS. H.R. 1339: Mr. LAHOOD, Mr. REHBERG, Mr. STRICKLAND, Mr. VAN HOLLEN, Mr. BACA, Ms. H.R. 913: Mr. MILLER of Florida, Mr. BOOZMAN, and Mr. GRAVES. LINDA T. SA´ NCHEZ of California, Mr. FARR, MCGOVERN, Mr. DAVIS of Alabama, Mr. BOU- H.R. 1355: Ms. FOXX, Mr. WELDON of Flor- Mr. FILNER, Mr. BUTTERFIELD, Mr. SERRANO, CHER, Mr. FEENEY, Mr. FLAKE, and Ms. ida, Mr. MCHENRY, Mr. JONES of North Caro- Mr. BRADY of Pennsylvania, Mr. HOLDEN, Mr. HOOLEY. lina, Mr. GUTKNECHT, Mr. HENSARLING, Mr. KUCINICH, Ms. LORETTA SANCHEZ of Cali- H.R. 923: Mr. TIERNEY and Mr. LIPINSKI. GOHMERT, Mr. CUELLAR, Mr. FORTENBERRY, fornia, Mr. LARSEN of Washington, Ms. H.R. 939: Mr. MEEK of Florida, Mr. FARR, Mr. MARIO DIAZ-BALART of Florida, and Ms. SCHAKOWSKY, Ms. WOOLSEY, Mr. MCGOVERN, Mrs. DAVIS of California, Mr. NADLER, Mr. WASSERMAN SCHULTZ. Mr. BROWN of Ohio, Mr. KILDEE, Mr. SERRANO, and Mr. STARK. H.R. 1356: Mr. TAYLOR of Mississippi. GRIJALVA, Mr. RYAN of Ohio, and Mr. STU- H.R. 946: Ms. WOOLSEY. H.R. 1357: Mr. RAHALL. PAK. H.R. 986: Mr. FILNER. H.R. 1358: Ms. Ms. BORDALLO, Mr. MCGOV- H. Con. Res. 71: Mr. THOMPSON of Mis- H.R. 995: Mr. MCGOVERN. ERN, Mr. EVANS, Mr. BARROW, Ms. HARRIS, sissippi and Mr. BURTON of Indiana. H.R. 1029: Mr. LEWIS of Georgia and Mr. Mr. SPRATT, Mr. TAYLOR of Mississippi, Mr. H. Con. Res. 87: Mr. GRIJALVA. MICHAUD. GORDON, and Mr. DEFAZIO. H. Con. Res. 89: Mr. SMITH of New Jersey, H.R. 1073: Mr. FORTUN˜ O. H.R. 1362: Mr. PAYNE. Mr. CHANDLER, Mr. CHABOT, Mr. BERMAN, Mr. H.R. 1074: Mr. FORTUN˜ O. H.R. 1376: Mr. MEEHAN, Mr. COX, Mr. SMITH PENCE, Mr. FALEOMAVAEGA, and Ms. LEE. H.R. 1075: Mr. FORTUN˜ O. of New Jersey, Mr. MARKEY, Mr. DAVIS of Il- H. Con. Res. 90: Ms. WOOLSEY, Mr. HONDA, H.R. 1079: Mr. PETRI. linois, Mr. CUMMINGS, Mr. WEINER, Mr. ACK- Mr. FILNER, Mr. RANGEL, Ms. BALDWIN, Mr. H.R. 1095: Mr. RANGEL. ERMAN, Mr. FRANK of Massachusetts, Ms. TANCREDO, Mr. HOBSON, Mr. KUCINICH, Mr. H.R. 1103: Ms. MCCOLLUM of Minnesota and SCHAKOWKSY, Mr. MICHAUD, and Mr. BOEH- SMITH of New Jersey, and Ms. ESHOO. Mr. JOHNSON of Illinois. LERT. H. Con. Res. 102: Mr. FALEOMAVAEGA and H.R. 1106: Mr. ALLEN and Mr. MURPHY. H.R. 1384: Mr. SHUSTER, Mr. KUHL of New Mr. HOLT. H.R. 1107: Mr. LANTOS. York, Mrs. DRAKE, Ms. FOXX, Mr. SAM JOHN- H. Con. Res. 107: Ms. EDDIE BERNICE JOHN- H.R. 1108: Ms. LEE and Mr. WAXMAN. SON of Texas, Mr. TANCREDO, Mr. JONES of SON of Texas. H.R. 1114: Mr. POMBO. North Carolina, Mr. DOOLITTLE, Mr. GOODE, H. Res. 14: Mr. GILLMOR, Mr. PUTNAM, and H.R. 1131: Mr. GUTIERREZ. Mr. CONAWAY, Mr. PENCE, Mr. CULBERSON, Mr. ENGLISH of Pennsylvania. H.R. 1133: Ms. ROS-LEHTINEN, Mr. BERMAN, Mr. COLE of Oklahoma, and Mr. GARRETT of H. Res. 85: Mr. MEEHAN. Mr. BLUMENAUER, Mr. KENNEDY of Rhode Is- New Jersey. H. Res. 137: Mrs. EMERSON, Mr. BOSWELL, land, Mr. KENNEDY of Minnesota, Mr. H.R. 1401: Ms. EDDIE BERNICE JOHNSON of Mr. CASE, and Mr. BONNER. PALLONE, Mr. SCHIFF, Mr. TANCREDO, and Mr. Texas, Mr. ISRAEL, and Mr. STARK. H. Res. 175: Mr. MEEHAN and Mr. KUHL of New York. H.R. 1402: Ms. KAPTUR. MCDERMOTT. H.R. 1140: Mr. PAUL. H.R. 1406: Ms. BORDALLO. H. Res. 185: Mrs. CHRISTENSEN. H.R. 1175: Ms. MOORE of Wisconsin. H.R. 1410: Ms. WOOLSEY. H. Res. 197: Mr. FILNER, Mr. GENE GREEN of H.R. 1194: Mr. GRIJALVA. H.R. 1421: Mr. TERRY, Mr. UPTON, and Mr. Texas, Mr. LANGEVIN, Mr. HONDA, Ms. H.R. 1214: Mr. UDALL of Colorado. GILLMOR. SLAUGHTER, Mr. BLUMENAUER, Mr. GORDON, H.R. 1219: Mr. UPTON, Mr. SHADEGG, Mrs. H.R. 1425: Mr. LANTOS. Ms. SCHAKOWSKY, Mrs. LOWEY, Mr. CLYBURN, DRAKE, Mr. DEAL of Georgia, and Mr. H.R. 1445: Mr. WEXLER, Mr. PITTS, Mr. AL- Mr. CARNAHAN, Mr. PASCRELL, and Mr. MCCAUL of Texas. EXANDER, and Mr. BARTLETT of Maryland. DOGGETT. H.R. 1227: Mr. SABO, Mr. TIERNEY, Mr. H.R. 1446: Mr. COLE of Oklahoma, Mr. H. Res. 208: Mr. WILSON of South Carolina, STARK, and Mr. SNYDER. OSBORNE, Mr. MCHENRY, Mr. TERRY, Ms. Mr. SABO, Mr. MURTHA, Mr. TERRY, Mrs. WIL- H.R. 1239: Mr. GOODE, Mr. NEAL of Massa- GINNY BROWN-WAITE of Florida, and Mr. SON of New Mexico, Mr. WALDEN of Oregon, chusetts, Mr. SPRATT, Mr. PETRI, Mrs. BOOZMAN. Mr. OTTER, and Mr. MCGOVERN. MYRICK, Mr. MILLER of Florida, Mr. ALEX- H.R. 1449: Mr. BOUSTANY, Mr. PITTS, and ANDER, Mr. INGLIS of South Carolina, Mr. Mr. SESSIONS. f PASCRELL, Mr. LATHAM, Mr. HOSTETTLER, H.R. 1471: Mr. BRADLEY of New Hampshire, and Mr. MCCOTTER. Mrs. JOHNSON of Connecticut, Mr. UPTON, Ms. DELETIONS OF SPONSORS FROM H.R. 1258: Mr. PAYNE and Mr. CUMMINGS. DELAURO, and Mr. RENZI. PUBLIC BILLS AND RESOLUTIONS H.R. 1259: Mr. KILDEE. H.R. 1500: Mr. MILLER of Florida. Under clause 7 of rule XII, sponsors H.R. 1262: Mr. FITZPATRICK of Pennsyl- H.R. 1520: Mr. SNYDER. vania, Mr. BOOZMAN, Mr. BERMAN, Mr. MAN- H.R. 1521: Mr. BRADY of Pennsylvania. were deleted from public bills and reso- ZULLO, Mr. ALLEN, and Mr. GRIJALVA. H.R. 1540: Mr. ROHRABACHER. lutions as follows: H.R. 1273: Mr. GUTKNECHT, Mr. KENNEDY of H.R. 1554: Mr. WALDEN of Oregon. H.R. 513: Mr. BISHOP of New York. Minnesota, and Mr. GREEN of Wisconsin. H.R. 1565: Ms. DEGETTE and Mr. Lipinski. H.R. 525: Mr. TOWNS.

VerDate Aug 04 2004 04:17 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\A13AP7.045 H13PT1 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, WEDNESDAY, APRIL 13, 2005 No. 43 Senate The Senate met at 9:30 a.m. and was period for the transaction of morning RECOGNITION OF THE MINORITY called to order by the President pro business for up to 60 minutes, with the LEADER tempore (Mr. STEVENS). first half of the time under the control The PRESIDENT pro tempore. The of the majority leader or his designee, Democratic leader is recognized. PRAYER and the second half of the time under f The Chaplain, Dr. Barry C. Black, of- the control of the Democratic leader or fered the following prayer: his designee. ORDER OF BUSINESS Let us pray. Mr. REID. Through the Chair to my O Thou great God, who made us in f distinguished colleague, are we ex- Your image. Thank You for creating us pected to work through the but little lower than the angels. Enable RECOGNITION OF THE MAJORITY Condoleezza Rice hour? us to see Your divine image in every Mr. FRIST. Through the Chair, our LEADER human being. Help us to look beyond expectation is to work through that poverty and pathology to the goodness The PRESIDENT pro tempore. The hour. As the Democratic leader knows, even in the unlovely. Teach us to look majority leader is recognized. and as our colleagues should know, we beneath superficial differences of ac- are trying to do briefings on a regular cents, of language, of color, and of posi- f basis to make the opportunity avail- tion to see the true worth of all people. able for people to come to these brief- Bless Your servants in the legislative ings. We do not need to stop action on SCHEDULE branch of Government. Bring to the the Senate floor. So we will be working surface the goodness within each of Mr. FRIST. Mr. President, we will through that period. them. As they think together and work begin today’s session with a 1-hour pe- f together in the Chamber, in committee riod of morning business. Following TRIBUTE TO POPE JOHN PAUL II rooms, and in their offices, help them that time, the Senate will resume de- to treat others with the reverence, re- bate on the emergency supplemental Mr. FRIST. Mr. President, I wish to spect, and kindness that You desire for appropriations bill. Last night we comment on the passing of Pope John all of Your children. Paul II last week. A number of us had We pray for our military men and agreed to a time limit of 40 minutes with respect to the pending Durbin the opportunity to represent the women. Keep them safe. Give them the United States, represent this body in will to pursue mercy as well as justice. amendment relating to the National Guard. If we are able to yield back Rome. It was a moving experience, an We also pray for our enemies and their emotional experience, and one that I loved ones. Lord, give all of us insight some of that debate time, we would have a vote on the Durbin amendment briefly want to share. into Your will and the courage to do it. The passing of Pope John Paul II was Amen. by 10:50 this morning. If the debate continues past that point, then we will moving. It was a historical event that f riveted the world. Millions of Catholics likely delay the vote on the amend- and non-Catholics alike were touched PLEDGE OF ALLEGIANCE ment until sometime after noon today, and influenced by this great man. He The PRESIDENT pro tempore led the after discussion with the Democratic leaves an extraordinary legacy that all Pledge of Allegiance, as follows: leader. There are two additional pend- of us have reflected upon over the last ing amendments at this time, and we I pledge allegiance to the Flag of the week. United States of America, and to the Repub- anticipate other amendments being of- In his 26-year reign as head of the lic for which it stands, one nation under God, fered throughout the day. Chairman indivisible, with liberty and justice for all. Catholic Church, the third longest pon- COCHRAN will be here this morning to tificate in history, Pope John Paul was f prepare to have the Senate debate and seen by more people than any other in- RESERVATION OF LEADER TIME dispose of these amendments during to- dividual in history. He influenced more day’s session. I expect we will make The PRESIDENT pro tempore. Under lives than many kings and presidents the previous order, leadership time is considerable progress on the appropria- before him. reserved. tions bill with rollcall votes as nec- Together with Ronald Reagan and essary over the course of the day. f Margaret Thatcher, Pope John Paul Just as a reminder to our colleagues, helped vanquish the Soviet Union, ex- MORNING BUSINESS the Secretary of State will be giving a pose the brutality of communism, and The PRESIDENT pro tempore. Under briefing to Senators today from 3 to 4 free hundreds of millions of people the previous order, there will now be a this afternoon for those interested. around the world.

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

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VerDate Aug 04 2004 05:05 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.000 S13PT1 S3506 CONGRESSIONAL RECORD — SENATE April 13, 2005 He, indeed, was a hinge of history, there, that sense of time and place is Congress and I had the pleasure of try- one of the great leaders of the 20th cen- difficult to describe. You could feel the ing many cases before any number of tury who helped make our world over powerful strength of the man for whom judges, both at the State and Federal on the pillars of faith, freedom, liberty, we all gathered and prayed. It was up- level, and I am very much concerned and human dignity. lifting, it was serious, and a very dig- about what is happening with our judi- As I mentioned, I had the real privi- nified celebration in many ways. ciary today. For the last 2 years, I lege of leading a delegation of 14 Sen- As the funeral drew to a close, the served on the Senate Judiciary Com- ators to pay tribute to this great lead- adoration for Pope John Paul mittee and have observed what obvi- er. We left last Wednesday. As we crescendoed to almost an electric ously happened during those 2 years, soared over the Atlantic, all of us pitch. I heard my colleagues who were but during the last few months, as we shared our thoughts and stories and re- with us describe it to our other col- entered into this new session and ap- flected upon the Pope’s remarkable leagues over the course of the last 48 proached the confirmation of nominees life. Not only did he live through the hours that way off in the distance we who are being put forward by the Presi- great upheavals of the 20th century, began to hear clapping and the roar of dent, I remain concerned about some but he helped bring about many of its the crowd as it came forward, a huge things that are happening. greatest achievements. wave all the way up to St. Peter’s and I will start by noting again that As a young man in war-torn Poland, then to the Basilica. It was truly a never before in the history of the Sen- he lived under those heavy boots of fas- moving and powerful experience. ate has a minority of 41 Senators held cism and communism, and yet even The crowd did, at the end, begin to up confirmation of a judicial nominee then he possessed an enduring hope and chant and begin to cheer as the Pope where a majority of Senators has ex- commitment to man’s redemption. was held up one last time in that wood- pressed their support for that nominee. To our great fortune, Karol Woljtyla en coffin and dipped down to the people It is for this reason, if given the oppor- ascended the world’s stage and, as the in St. Peter’s. He was then lifted aloft tunity, I will vote in favor of changing 264th Pope of the Catholic Church, and carried solemnly into the Basilica our rules to allow confirmation of a ju- pressed belief into global action. for his final burial. dicial nominee by a simple majority In the Catholic Church, he grew its In closing, I know I speak for all my because under the Constitution of the religious following from 757 million colleagues when I say it was a tremen- United States, the Senate is required faithful when he began his papacy in dous honor for those of us who were to give its advice and consent to the 1978 to over 1 billion today. able to attend on behalf of our fellow President on his judicial nominees. The Senate can say no in regard to We arrived as a delegation in Rome Americans and this institution in pay- any particular nominee, but to do so on Thursday morning. The weather was ing our respects for a momentous and we need an up-or-down vote to decide truly glorious that day; one might even truly historic world figure. what advice we give the President. say Heaven-sent weather—clear blue Pope John Paul will be remembered Failing to answer the question is shirk- skies, sunshine, a gentle wind. for many things: his intellect, his cha- ing our constitutional role in the sepa- After a brief moment to organize, we risma, his warmth, his steadfast belief ration of powers scheme. The Constitu- went to Vatican City. As we drove in the culture of life. Above all, he will tion spells out in certain areas, such as along the roadways, posters lined the be remembered for his humble dedica- passage of constitutional amendments city walls with giant pictures of John tion to God and his unwavering love for and ratification of treaties, where more Paul emblazoned with the words us all, each and every one a child of ‘‘grazie’’ and ‘‘a dio.’’ As we pulled than a simple majority of Senators is God. required. Confirmation of judges is not closer to St. Peter’s Square, priests, Mr. President, I yield the floor. one of these areas. monks, pilgrims, and well-wishers from The PRESIDENT pro tempore. The The Senate rules have changed on around the world, many Americans, Senator from Georgia is recognized. several occasions over the years as to would come up and say hello to us, all Mr. CHAMBLISS. Mr. President, I whether and in what circumstances a crowding those stone streets around ask unanimous consent that I be al- filibuster is allowed, but we have, un- the Basilica. lowed to take up to 20 minutes of the fortunately, come to a point in time On that first day, our delegation was majority time, and I respectfully ask where the filibuster is being abused to escorted into St. Peter’s to view the the President pro tempore to notify me hold up judicial nominees on which we Pope’s body. We filed into the crowds when I have 2 minutes remaining. are required to act; that is, to say yes as they passed respectfully. Many had The PRESIDENT pro tempore. With- or no. I believe it is in violation of the waited hours and hours, indeed, well out objection, it is so ordered. Constitution. over 24 hours on average. They passed Mr. CHAMBLISS. Mr. President, hav- I want to take a point in fact relative by bowing, saying prayers, crossing ing heard the words of the majority to the circuit in which I practiced for a themselves, and waving small papal leader relative to the delegation that number of years, and that is what is flags. As we came around the corner, was in Rome last week for the burial of happening today with regard to the ju- we came into view of the Holy Father. Pope John Paul II, I think all Ameri- dicial nominee to the Eleventh Circuit It was a powerful moment for our en- cans, as well as every other individual Court of Appeals. The Democrats have tire delegation—the viewing. It was the around the world, were truly moved by held up confirmation of the only nomi- first of many powerful moments over the work of this man over the years he nee President Bush has made to the the remainder of that day and the next served as Pope of the Roman Catholic Eleventh Circuit Court which handles day when the service actually oc- Church. Federal appeals in my home State of curred. Having been to Rome a couple of Georgia as well as Alabama and Flor- As we passed by the body, you could years ago and been in a service that ida. not help but to pause and run through Pope John Paul II celebrated, I, too, As a result, on February 20 of last a series of your own prayers of thank- was very moved by the presence of this year, President Bush exercised his con- fulness, as each and every one of us did. man. Certainly during his term as Pope stitutional authority to make a recess The next day was the funeral. Again, he had a tremendous impact on the appointment of Judge Bill Pryor, the it was a beautiful day—crisp weather, world, and this man is truly going to former attorney general of the State of morning sky glistening overhead. The be missed as a leader, not just of the Alabama. This recess appointment is square was full, silent, solemn, and re- religious world but as the world leader temporary in nature, but President spectful. We were privileged to enter that he was. Bush has renominated Judge Pryor in the Square and find our seats. Our f the 109th Congress for a permanent po- seats were out front, probably 50 or 75 sition on the Eleventh Circuit Court of yards, both the Senate and House dele- JUDICIAL NOMINEES Appeals. gations. Mr. CHAMBLISS. Mr. President, I As a former member of the Senate The ceremony was about 21⁄2 hours. rise this morning to discuss an issue Judiciary Committee, I know we need Many people have had the opportunity that is very dear to my heart. I prac- to review with great care the qualifica- to see it on television, but the presence ticed law for 26 years before I came to tions of judicial nominees to ensure

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.002 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3507 that they have established a record of of teacher-led prayers as was the posi- ton’s nominees has not been applied to professional competence, integrity, and tion of then Alabama Governor Fob all of President Bush’s nominees, as the proper temperament for judicial James. In addition, General Pryor re- the two nominees, Carolyn Kuhl and service. I intend to vote for confirma- jected Governor James’ suggestion Bill Myers, have been filibustered de- tion of Judge Pryor’s nomination to that the State of Alabama argue that spite their tremendous qualifications. the Eleventh Circuit for the following the first amendment was never incor- President Clinton had 8 years in of- reasons: Since his recess appointment, porated by the 14th amendment and fice and was able to put in over half the Judge Pryor has gained the respect of thus does not apply to the States. active judges on the Ninth Circuit his colleagues on the Eleventh Circuit In sum, Bill Pryor has established an Court of Appeals. I might add that without regard to political persuasions. impressive record as a fair, diligent, some of these active judges turned out This is no surprise to me because Judge and competent public servant. His to be activist judges. But with due re- Pryor is a tremendously selfless public nomination to the Eleventh Circuit en- spect to my colleagues on the other servant who has worked very hard to joys strong bipartisan support in his side, it is time to balance out 17 Clin- help others both within and outside the home State of Alabama, and in my ton and Carter nominees with qualified scope of his official duties. home State, our attorney general, the individuals such as Carolyn Kuhl and In private life, he established a pro- Honorable Thurbert Baker, a Demo- Bill Myers. That is the kind of balance gram called Mentor Alabama which crat, has written in support of Bill Pry- we need on the Ninth Circuit. provides adult role models for at-risk or’s nomination. One of the reasons the Ninth Circuit children, and he has personally acted I urge my Democratic colleagues to needs some balance is the outrageous as such a mentor. In his service as at- stop holding up the confirmation of nature of some of the decisions coming torney general for the State of Ala- President Bush’s only nominee to the from that bench. For example, in the bama, Bill Pryor established a record Eleventh Circuit by voting to move for- 1996–1997 term, Judge Reinhart, a of evenhanded enforcement of the law. ward with Judge Pryor’s nomination Carter appointee, was overturned six A noteworthy example of his fair- when it reaches the floor. times in cases where he was the author minded treatment of his public duties Now let us look at another circuit. I of the majority opinion. is his enforcement of Alabama abortion just explained what the situation is To cite specific examples of out- laws. Bill Pryor is personally opposed with the Eleventh Circuit. Opposition rageous cases of judicial activism, the to abortion based on his deeply held to some of President Bush’s nominees Ninth Circuit Court of Appeals has, faith as a Roman Catholic. However, in in other areas of the country such as first, barred children in public schools 1997, the Alabama Legislature enacted the Ninth Circuit strikes me as odd be- from voluntarily reciting the Pledge of a ban on partial birth abortion that did cause it directly contradicts what some Allegiance—that was in Newdow v. not comport with the Supreme Court’s Democrats have said in the past about U.S. Congress, a 2002 case; second, ini- decision in Planned Parenthood v. the concept of balance on the courts. tially barred California from holding a Casey. The Alabama statute prohibited My friend from the other side of the gubernatorial recall election notwith- abortions prior to as well as following aisle, the senior Senator from New standing a clear State statutory viability of the fetus. Attorney General York, acknowledged a couple of years scheme and widespread popular sup- Pryor ordered law enforcement offi- ago in a speech on the Senate floor port, which was a 2003 decision in the cials to enforce the law only insofar as that the Ninth Circuit was ‘‘by far the case of Southwest Voter Registration it was consistent with the Supreme most liberal court in the country.’’ Education Project v. Shelley; third, in- To quote from the CONGRESSIONAL Court’s precedents which encompassed vented a constitutional right to com- RECORD of March 13, 2003, Senator only postviability situations. In so mit suicide, a 1996 decision, Compas- SCHUMER stated: doing, he adopted the narrowest pos- sion in Dying v. Glucksberg; and sible construction of the Alabama stat- I believe there has to be balance, balance on the courts. And I have said this many fourth, made it far more difficult to ute. times, but there is nothing wrong with a Jus- prosecute those who give material sup- Moreover, in the wake of September tice Scalia on the court if he is balanced by port to foreign terrorist organizations, 11, 2001, many abortion clinics were re- a Justice Marshall. I wouldn’t want five the case of Humanitarian Law Project ceiving letters with threats of anthrax Scalias, but one might make a good and in- v. U.S. Department of Justice, a 2003 exposure. In response, Attorney Gen- teresting and thoughtful court with one case. eral Pryor held a press conference in Brennan. A Rehnquist should be balanced by Also, this court struck down Califor- which he asserted that the Alabama a Marshall. nia’s three strikes criminal sentencing law ‘‘provides stern felony penalties for Four of President Bush’s nominees to law in the case of Andrade v. California those who now prey upon the public the Ninth Circuit—Richard Clifton, in 2001 and only implemented the Su- anxiety over fears of anthrax and other Jay Bybee, Consuelo Callahan, and preme Court’s reversal of that decision potential dangers. We warn anyone Carlos Bea—have been confirmed and by a divided panel with Judge who is tempted to do so that their are now sitting on the Ninth Circuit. Reinhardt upholding the defendant’s deeds are not a joke and will not be That is the good news. But Democrats sentence only under the Supreme treated as mild misbehavior, but as a refused to give an up-or-down vote to Court’s ‘‘compulsion’’ and Judge despicable crime against their fellow two of President Bush’s nominees to Pregerson stating that ‘‘in good con- citizens that will not be tolerated.’’ At the Ninth Circuit, or one-third of the science’’ he could not follow the Su- this crucial time in history, Bill Pry- judges he has nominated. When one preme Court’s decision. or’s statement sent a clear message considers that 14 out of the 26 active Lastly, that court held that a foreign that anthrax threats against abortion sitting judges on the Ninth Circuit national criminal apprehended abroad clinics would be prosecuted vigorously. Court of Appeals were appointed by pursuant to a legally valid indictment Despite his personal religious convic- President Clinton and 2 of them were was entitled to sue the U.S. Govern- tions, Bill Pryor has a keen knowledge confirmed in the last year of his Presi- ment for money damages, a 2003 case, of the Constitution’s requirement that dency, the Judiciary Committee and Alvarez-Machain v. United States. the Government make no law respect- the Senate in general treated President I could go on, but there is no small ing the establishment of religion or Clinton fairly with respect to the wonder, then, that even Senator SCHU- prohibiting the free exercise thereof. Ninth Circuit. Moreover, of the 28 total MER has stated: In Chandler v. Siegleman, as attor- seats on the Ninth Circuit, 17 were The Ninth Circuit is by far the most liberal ney general he persuaded the Eleventh Democratic nominees, 14 by President court in the country. Unless this is the kind Circuit to vacate a district court in- Clinton and 3 by President Jimmy of activist court that Democrats want to junction that prohibited student-initi- Carter. preserve, it’s time to at least allow an up-or- ated prayers in school. Acknowledging We now have two remaining seats on down vote on nominees like Carolyn Kuhl the constitutional distinction between the Ninth Circuit to fill, and we have and Bill Myers to restore some balance. student-led prayers and teacher-led seen two nominees from President There have been two issues that have prayers, Bill Pryor refused to argue on Bush to fill these seats. The fairness been raised by the other side during appeal in favor of the constitutionality that the Senate showed President Clin- the debate and the filibuster by the

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.004 S13PT1 S3508 CONGRESSIONAL RECORD — SENATE April 13, 2005 other side of the aisle relative to the need to be followed in most instances. judicial nominees from the President, judicial nominees sent up by the Presi- But there comes a time when you have when they were put forward, were ex- dent. One of those is the fact that fili- to look the American people in the eye amined by the Judiciary Committee bustering Federal judges is not some- and say: I know Americans sent a ma- very closely, as they should be, as to thing that is new, and it is a conten- jority party to the Senate, and I know their temperament, philosophy, and tion of the other side of the aisle that you want us to carry out the will of the scholarship. If they received a favor- Republicans initiated a filibuster on American people but, unfortunately, able recommendation from the com- the nomination of Judge Abe Fortas even though it only takes 51 votes to mittee, they would come to the floor back in the Johnson administration. I confirm one of President Bush’s judi- and Senators would vote for them or will once again set the record straight cial nominees, we have a Senate rule against them. In the last 2 or 3 years, relative to exactly what happened, and that says you have to have 60 votes be- what we have seen is unprecedented ob- I will quote because I want to make fore you get to the point where you struction, a requirement, in effect, of a sure that we get this exactly right. only have to have 51 votes. It doesn’t 60-vote margin for judges, particularly This is from a statement made by the take a Philadelphia lawyer to figure at the appellate level. The most egre- former chairman of the Judiciary Com- out something is wrong with that rule, gious in recent years, in my view, was mittee, Senator ORRIN HATCH, in some and it needs to be corrected. Miguel Estrada. He is an outstanding remarks that were made on the Senate As we move into the consideration of individual, completely qualified—great floor on March 1, 2005. Senator HATCH these judges, I hope we will reach an scholarship, great experience—a mod- stated as follows: accord so the integrity of this institu- ern-day Horatio Alger story, having Some have said that the Abe Fortas nomi- tion will be maintained. Hopefully, our come to this country from Central nation for Chief Justice was filibustered. rules can be maintained intact. But it America, applying himself, doing well. Hardly. I thought it was, too, until I was cor- is imperative we do the will of the Indeed, the American Bar Association rected by the man who led the fight against American people, which is move toward unanimously gave him their highest Abe Fortas, Senator Robert Griffin of Michi- the confirmation of the President’s ju- recommendation and endorsement. gan, who then was the floor leader for the dicial nominees as required by the Con- That went on for a year. Then it went Republican side and, frankly, the Demo- on for another year. It went on for over cratic side because the vote against Justice stitution of the United States. Fortas, preventing him from being Chief Jus- I yield the floor. 2 years, and he finally had to withdraw, tice, was a bipartisan vote, a vote with a The PRESIDING OFFICER (Mr. notwithstanding the fact that a vast hefty number of Democrats voting against SUNUNU). The Senator from Virginia. majority of Senators were actually for him as well. Former Senator Griffin told me f Miguel Estrada. and our whole caucus there never was a real It is not unique to him. It has hap- filibuster because a majority would have ISSUES CONFRONTING THE pened to roughly 10 or so appellate beaten Justice Fortas outright. Lyndon SENATE judges, including those nominated for Johnson, knowing that Justice Fortas was Mr. ALLEN. Mr. President, I rise to the Ninth Circuit, which is the circuit going to be beaten, withdrew the nomina- share with my colleagues my observa- where you have adventurous, activist tion. So that was not a filibuster. There had tions and urgings on two issues: One, never been a tradition of filibustering major- judges who ignore the will of the peo- ity-supported judicial nominees on the floor following on the eloquent remarks of ple. For example, the recitation of the of the Senate until President Bush became the Senator from Georgia, SAXBY Pledge of Allegiance in schools, which President. CHAMBLISS, on the importance of they struck down because they are con- I think that factual statement by judges and actions in the Senate; and cerned about the words ‘‘under God.’’ Senator HATCH says it all relative to the second has to do with our National That is the sort of activist judiciary any issue concerning the contention Guard and Reserves who are being that is ignoring the will of the people, that this is not the first time we have called up for duty and what the Federal who are the owners of this Govern- seen filibusters on the floor of the Sen- Government can do to be helpful to ment. ate. As we move into the consideration them. People say: What do we need to do, of these judges for confirmation, I am JUDGES and they up come with this term, ‘‘nu- not sure what is going to come out First, on judges, I look at four pillars clear option.’’ It is a constitutional op- from the other side. as being essential for a free and just so- tion. It shows how out of touch people I have great respect, first of all, for ciety: freedom of religion, freedom of are in calling this a nuclear option, this institution in which we serve. I am expression, private ownership of prop- when all it is is the question of wheth- very humbled by the fact, as is every erty, and fourth, the rule of law. The er it is a majority vote to give advice one of the 100 Senators here, that our rule of law is where judges come in, and consent or to dissent on a par- respective States have seen fit to send where you have fair adjudication of dis- ticular judicial nomination. It is my us here to represent them. But as I putes, as well as the protection of our view, in the event the minority party traveled around the country last year, God-given rights. continues with the approach of ob- campaigning for President Bush, as It is absolutely essential we have structing the opportunity of a nominee well as for Senate nominees, I continu- judges on the bench at the Federal to have fair consideration, then this ously heard from individuals—whether level, and at all levels, who understand constitutional option must be utilized. it was in a formal gathering or whether their role is to adjudicate disputes, to We should not be timid. We should not it was in an informal gathering such apply the facts and evidence of the case cower. I believe the obstructionist ap- as, on a lot of occasions, being in air- to the laws, laws made by elected Rep- proaches are preventing me from exer- ports, or sometimes even walking down resentatives. We are a representative cising my duty and responsibility to the street—it was unbelievable the democracy. That means the judges the people of the Commonwealth of number of Americans, and I emphasize ought to apply the law, not invent the Virginia to advise and consent on these that these were not Republicans or law, not serve as a superlegislature, judicial nominations. I hope my col- Democrats in every instance, they were not to use their own opinions as to leagues will not continue this obstruc- just Americans who were very much what the law should be but rather tionist approach. In the event they do, concerned about what is happening apply it. That is absolutely essential then we have to use the constitutional with respect to the judicial nominees for the rule of law, for the credibility option. I do not think it is too much to on the floor of the Senate. and stability one would want to be able ask Senators to get off their haunches The PRESIDENT pro tempore. The to rely on in our representative democ- and show the backbone or spine to vote Senator now has 2 minutes left, at racy for investments and, as we ad- yes or no, but vote, and then explain to which time there will be 10 minutes vance freedom, to try to have the peo- their constituents why they voted the left for the majority. ple of other countries around the world way they did on any particular man or Mr. CHAMBLISS. I thank the Chair. put into place these four pillars of a woman who has been nominated to a This body has a number of rules free and just society. particular judicial position. which have been in place for decades. What we have seen is a break of I am hopeful we do not have to use it, Those are good and valid rules and precedent in the Senate. For 200 years but if we do, go for it. Do not cower. Do

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.006 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3509 not be timid. The people, as my col- cruitment and retention of those who dle of May. That is the contrast be- league from Georgia said, all across are serving our country, who are dis- tween two nominees. this country, whether they are down in rupting their lives and, in fact, are I think one of the things that makes Cajun country in Louisiana, whether being called up more frequently and for Dr. Griffin so attractive as the head of they are in Florida, whether they are longer duration than ever before. NASA is not only that he is literally a in the Black Hills of South Dakota, or I hope we will see that agreed to on rocket scientist with six graduate de- whether they are in the Shenandoah the supplemental some time today. I grees. Not only does he have excep- Valley of Virginia, expect action on also hope we will get back to the 200- tional experience in the Nation’s space judges. As much as people care about year history of the Senate on consider- program, both the manned and un- less taxation and energy security for ation, treatment, and actual voting on manned programs, but he carries with this country and wanting us to be lead- outstanding judicial nominees who him a demeanor that contains an ele- ers in innovation, they really expect have come out of the Judiciary Com- ment of humility, which will serve him the Senate to act on judges. It is a val- mittee with a favorable recommenda- well in the NASA family. NASA is a ues issue. It is a good government tion. family. We have seen that borne out in issue. It is a responsibility-in-gov- I yield the floor. the history of our space program in erning issue that needs to be addressed. The PRESIDING OFFICER. The Sen- times of tragedy as we have had in the AMENDMENT NO. 356 ator from Florida. past. The NASA family comes to- I would like to turn my attention to Mr. NELSON of Florida. Mr. Presi- gether, and in times of triumph not the amendment pending on the supple- dent, am I correct that we are in morn- only with the extraordinary space ac- mental, one submitted by Senators ing business and it is appropriate to ad- complishments we have had, but in DURBIN, MIKULSKI, and me. This dress the Senate in morning business? times of extraordinary triumph where amendment will eliminate the pay gap The PRESIDING OFFICER. The Sen- in fact it has been said that failure is that many of our Federal employees ate is in a period of morning business. not an option. The extraordinary suc- who serve in either the National Guard The minority side controls 30 minutes. cess we had with Apollo 13 in which we or the Reserves suffer when they are The Senator is recognized. thought we had three dead men on the called up for active duty. We need to do f way to the Moon when the Apollo mod- ule blew up, and how in real time peo- everything we can within reason to re- THE NOMINATION PROCESS cruit and retain those who serve in the ple in a simulator back in Houston, Guard and Reserves. We, as a Federal Mr. NELSON of Florida. Mr. Presi- people in mission control, the design Government, and I, as a Senator, en- dent, yesterday it live the nomination engineers—all came together to figure courage private businesses to make up and confirmation process as envisioned out the fix. Since the main propulsion that pay gap. by our Constitution with regard to two system had blown up, rapidly losing Many times, when people get called nominees. The Constitution, of course, electricity, and how to design the cir- up, their Active-Duty pay is less than provides that it is a two-step process: cumstances which in a trajectory to- they would be getting in the primary the President nominates and the Sen- wards outer space they could get back job. That is what the pay gap is. It is ate then confirms or rejects. In this home safely to Earth. And they did one of the key factors, top five factors case, there was quite a contrast be- that. in people not re-upping. It does have an tween the two nominees. That is another illustration of how impact on their families. On average, In one of my committees, the For- the NASA family works when it comes the pay-gap loss is about $368 a month. eign Relations Committee, we have a together. It wants a leader who has an They still have housing payments, they highly contentious, highly divisive de- appreciation of that family, who knows still have food. Many of those who bate raging over the nominee of the something about the business of that serve in the Guard and Reserve have President, Mr. John Bolton, to be the family, and who in fact can comport families, and those expenses go on. Permanent Representative of the themselves with humility. Out of the 1.2 million members of the United States to the United Nations. It Interestingly, this is a contrast to National Guard and Reserves, 120,000 is a very significant post representing the other nomination being considered are also employees of the Federal Gov- the wishes of the American people, of at the same time, on the very same ernment. As of January 2005, 43,000 the U.S. Government, to the world day, in another one of my committees. Federal employees have been activated body, the United Nations. This is a controversial nomination be- since September 11, 2001, and are serv- While at the same time those con- cause of the alleged improprieties ing courageously and beneficially for firmation hearings were occurring in which stem not from a sense of humil- our freedom and our security. Right the Senate Foreign Relations Com- ity but from a sense of entitlement, now there are more than 17,000 on ac- mittee, another one of my committees, even bordering on arrogance in de- tive duty. the Commerce Committee, was consid- manding one’s way. Not one’s personal There are those firms in the private ering the nomination of Dr. Michael beliefs and ideology—we can all debate sector who have made up this pay gap. Griffin to be administrator of NASA. those because those are differences of There are over 900 companies, such as Dr. Griffin’s nomination is quite a con- issues. But in this particular case, Mr. IBM, Sears, General Motors, UPS, trast to Mr. Bolton’s nomination, for it Bolton is alleged to have berated intel- Ford, that make up the pay differen- is embraced almost unanimously in a ligence analysts and, according to the tial. In fact, 23 States have enacted bipartisan way. The extraordinary sup- allegations from some former very similar legislation to make up the pay port is shown even to the point that high-ranking State Department offi- difference. I am proud to say one of the chair of the Science and Space Sub- cials, insisting that they be fired, dis- them is the Commonwealth of Virginia. committee, Senator HUTCHISON of missed, or transferred because their The Senate has supported this in the Texas, and I, the ranking member of analysis of the intelligence differed past. I think it makes a great deal of that subcommittee, both requested with his. Contrast the personalities, sense that we support not only the that the chairman of the full com- the nominee to be NASA administrator members of the Guard and Reserves mittee, Senator STEVENS, accelerate and the nominee to be the U.S. Rep- who are called up to active duty who the confirmation process. So that Dr. resentative to the U.N., contrast of serve in the Federal Government, but Griffin could be confirmed by the com- styles, contrast of attitudes, and con- also support their families. I think this mittee and we could get his nomina- trast of capabilities. Thus, it leads to amendment, which I am sponsoring tion to the floor of the Senate this extraordinary differences in the nomi- along with Senators DURBIN and MI- week, putting him in place as the ad- nation process. KULSKI, makes a great deal of sense. It ministrator next Monday. NASA des- I wish all of the nominations were as is one I hope, when we get to voting on perately needs to have a strong leader Dr. Griffin in NASA, except for one hic- it sometime today, will enjoy the sup- in place, particularly as we recover cup that I think we are taking care of port of all the Members of the Senate. from the disaster to Columbia. We are with the junior Senator from Virginia. It is very important we do what we also going to launch an expected flight It is my hope that today Chairman can, within reason, to help in the re- for recovery somewhere about the mid- STEVENS will call the committee, that

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.008 S13PT1 S3510 CONGRESSIONAL RECORD — SENATE April 13, 2005 we will vote Dr. Griffin out of the Com- We find, if we don’t do something, the Senate would simply become a merce Committee and get his nomina- that none of us will have any privacy rubberstamp for the President. It tion to the floor. At least by tomorrow, left. It used to be in the old days that would allow whichever political party so his name can be sent, confirmed, and we were careful to shred our records, or is in power, Republican or Democrat, the President can go ahead and swear keep them locked up. Now we know all to have the say over our Nation’s him in. of this private, personal, and financial courts. I will not stand for that. INFORMATION DATA BROKERS information is in the hands of informa- This is a basic argument about the If that were not enough to engage tion brokers who have it on computer— future of the Senate. It is about how one Senator from the State of Florida billions of bits of information. They we are going to conduct our business. I in activities, we also saw yesterday a are trading it and selling it and buying believe in giving the people a voice, in day that started to bring out new rev- it. There is something we can do about standing up for those people who sent elations on a completely different sub- it. I suggested one way a month ago me here, and in protecting the rights of ject. This time we found from the wire when I offered a bill that has been re- minorities everywhere. reports that the number of names ferred to the Commerce Committee. One of the first things every child is which had been thought to have been Today, Senator SCHUMER of New York taught about American Government is missing or stolen from an information and I have taken a number of bills, in- the separation of the three branches. data broker, namely one located in my cluding mine and his, and we have put This separation and the checks and State, a company called Seisint in them together into a comprehensive balances that come with it are funda- Boca Raton, FL, owned by LexisNexis. package. The bill is being referred to mental to the greatest system of gov- The company is owned by an inter- the Commerce Committee, and it is my ernment ever created. This system is national conglomerate located in hope we will get the Senate to start worth protecting. That is exactly what France, which a month ago announced moving on this. As we speak, the Judi- many of my colleagues and I intend to that 30,000 names were missing—that is ciary Committee is having a hearing on do. 30,000 names and Social Security num- this very subject. It is my hope we will This is not a debate about judicial bers, and who knows how much other get some action so we can protect the nominations. It is about increasing the sensitive information. These records personal identity of every American. amount of power that is wielded by the are compiled in this company for many I yield the floor. majority. We hear a lot about judges in law enforcement agencies. We were The PRESIDING OFFICER. The Sen- the Senate, so let me put that discus- told yesterday the number is now not ator from Washington. sion in context for a minute. 30,000, it is 10 times that; it is over f The judges who serve on the Federal 300,000. bench affect the lives and liberties of This is one of a series of five or six NUCLEAR OPTION every American. These are lifetime ap- revelations in the last 2 months of in- Mrs. MURRAY. Mr. President, I pointments. This is not the nomination formation. Data brokers trade and sell imagine that recently it has been pret- to a commission or nomination to an this information about us—information ty difficult to wake up every morning ambassadorship; this is a lifetime ap- that normally we would be so careful to read the newspaper if you are a Fed- pointment for a Federal judge whose in seeing that it’s secured and locked eral judge. Extremists in and out of rulings over the next 30 or 40 or more up or shredded so somebody can’t get Washington, DC, have nearly declared years will have ramifications for every that information and go out and steal war on the judiciary, from demanding our identity. We now find these infor- single American. retribution for recent decisions that As Senators, we are elected to serve mation brokers—in one case called lawmakers disagree with to suggesting our constituents. We are asked to con- ChoicePoint—have 12 billion records; impeachment for judges who do not toe firm judges whose decisions can change they have records on virtually every U.S. history and shape the lives of American. the party line. It is discouraging, it is We have seen over the last couple of disheartening, and it is downright American people for generations to months a series of these stories where wrong. come. the information is suddenly missing, or But what is so concerning about this When any citizen, Republican or they found that somebody hoodwinked recent rhetorical assault is it is being Democrat, in a blue State or a red them and bought their information backed by action that has nothing to State, a man or a woman, no matter under false pretenses. It is now out in do with judges and everything to do what race, color, or creed, comes before the public domain in somebody else’s with increasing Republican power at a judge, we have a responsibility to en- hands. the expense of our Constitution. sure they will get a fair shake. That Members of the Senate, if we don’t do I am deeply concerned that Repub- citizen, no matter who or where they something about this, none of us in licans are trying to increase their are, must know our system will work America will have any privacy left be- power by ignoring rules dating to our for them. They have to have confidence cause our personal identities will be country’s founding. They want to push in that. taken from us. through radical judicial nominees who How can we make those assurances I hope Senators have had an oppor- will serve a lifetime on the bench by to each and every Senator, Republican tunity to experience what I have in eliminating a 200-year-old American or Democrat, red or blue State, man or talking with victims of identification rule allowing each Member in the Sen- woman, no matter what race, color or theft. One of the biggest complaints, ate to speak out on behalf of our con- creed, if Republicans alone are select- aside from the harassment and the fi- stituents and to fight for the ideals we ing, considering, and confirming them nancial losses, is they can’t get their hold dear. to the courts? I don’t believe we can. identity back. They do not know where We had an election last year, and it In addition, we expect Federal judges to go. They go to their local law en- is true, Republicans ended up with a to provide the proper check in our sys- forcement. We can’t help you. They go majority in this body. But that does tem of checks and balances outlined in to their State agencies. We can’t help not mean half the country lost its our Constitution. Without it, our sys- you. They go here, they go there, and voice. That does not mean tens of mil- tem does not function properly. We they keep getting referred to somebody lions of Americans will have no say in have to ensure each and every nominee else, and all the while somebody else our democracy. That does not mean for the courts has sufficient experience has their identity. Maybe they are put Republicans have carte blanche to pack to sit in judgment of our fellow citi- on the watch list, or the do-not-fly list, the courts and to ignore the rights of zens. We have to ensure every nominee or suddenly they are getting dinged for the minority. will be fair to everyone who comes be- $25,000 charges on a credit card, or In reality, this is not about judges. fore their court. We have to ensure their driver’s license—such as the This is not about a Senate procedural every nominee will be evenhanded in truck driver’s license in Florida which change. This is, plainly and simply, a administering justice, and we have to gives the privilege of driving vehicles power grab and an effort to dismantle ensure every nominee will protect the loaded with hazardous materials. Guess the checks and balances our Founding rights and the liberties of each and what that would do in the wrong hands. Fathers created. Without that system, every American.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.010 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3511 To determine if a nominee meets We, in fact, confirmed Ron Leighton, I yield back the remainder of the those standards, we have to explore a distinguished trial lawyer in Tacoma time on this side and I suggest the ab- their record, we have to ask them ques- who is now a U.S. district court judge sence of a quorum. tions, we need to weigh their responses. for the western district of Washington The PRESIDING OFFICER. Without That is a tremendous responsibility of in Tacoma. objection, all time is yielded back. each and every Senator. It is one I take We confirmed Lonny Suko as a dis- The clerk will call the roll. very seriously. trict court judge for the eastern dis- The assistant legislative clerk pro- In the Senate we have made a lot of trict of my State. He is a distinguished ceeded to call the roll. progress in confirming the judges lawyer and a U.S. magistrate judge Mr. OBAMA. Mr. President, I ask President Bush has nominated. Look at who has earned the respect of many in unanimous consent that the order for the figures. The Senate has now con- his work on some of eastern Washing- the quorum call be rescinded. firmed 205 judicial nominees of Presi- ton’s most difficult cases. The PRESIDING OFFICER (Mr. dent Bush. In 3 years we have stopped We also confirmed Judge Ricardo GRAHAM). Without objection, it is so 10 of those whose records raised the Martinez for a vacancy on the U.S. dis- ordered. highest questions about their abilities trict court for the western district of Mr. OBAMA. Mr. President, I ask to meet the standard of fairness every Washington State. He, in fact, holds unanimous consent to speak as in American expects. Let me repeat that: the distinction of becoming the first morning business. We have confirmed 205 judicial nomi- Latino district judge in the history of The PRESIDING OFFICER. Without nees. That is a confirmation of 95 per- our State. For over 5 years he has objection, it is so ordered. cent. We have confirmed 205 judges, the served as magistrate judge for the U.S. Mr. OBAMA. Mr. President, I rise best confirmation rate since President District Court in the western district. today to urge my colleagues to think Reagan. Today, 95 percent of Federal Before that, he was a superior court about the implications of what has judicial seats are filled. This is the judge for 8 years and a King County been called the nuclear option and lowest number of vacancies in 13 years. prosecutor for 10 years. I will never for- what effect that might have on this get calling him from the Senate floor There are now more Federal judges Chamber and on this country. I urge all after we completed his vote on the con- than ever before. of us to think not just about winning I have to point out while the major- firmation. I could hear the cheers in every debate but about protecting free ity is complaining today about our the background from a truly overjoyed, and democratic debate. confirmation rate, it was a different deserving family. During my Senate campaign, I had Also during the first term we con- story during the Clinton administra- the privilege and opportunity to meet firmed Judges Richard Tallman and tion. Back then, Republicans used Americans from all walks of life and James Robart. Both of them are now many roadblocks to stop or block the both ends of the political spectrum. serving lifetime appointments with confirmation of judges who were nomi- They told me about their lives, about dignity. their hopes, about the issues that mat- nated by President Clinton. During In Washington State, we are making ter to them, and they also told me Clinton’s second term, 175 of his nomi- genuine bipartisan progress confirming what they think about Washington. nees were confirmed and 55 were judges. It is a process that serves the Because my colleagues have heard it blocked from getting votes. During people of my home State well. Our themselves, I know it will not surprise those years, the majority used the record of bipartisanship makes this many of them to learn that a lot of committee process to ensure nominees current Republican power grab all the people do not think much gets done they disagreed with never came to a more outrageous. The record proves it around here on issues about which they vote in the Senate and 55 never re- is not about judges at all. This proce- ceived consideration. dure is about destroying the checks care the most. They think the atmos- The Senate has an impressive record and balances our Founding Fathers phere has become too partisan, the ar- of confirming judges. That is clear in created to prevent the abuse of Govern- guments have become too nasty, and the 98-percent confirmation rate, the 95 mental power and to protect the rights the political agendas have become too percent of Federal judicial seats that and freedoms of all Americans. Now we petty. are filled, and today the lowest number are hearing the Republicans want to While I have not been here too long, of vacancies in 13 years. destroy the independence in Federal I have noticed that partisan debate is I will talk about the process we have judges by rewriting the rules so they sharp, and dissent is not always well used in my home State of Washington can ram through appointment of Fed- received. Honest differences of opinion to confirm judges. We have worked out eral judges, especially a Supreme Court and principled compromise often seem a system to ensure that Washington Justice, who will overreach and roll to be the victim of a determination to judges are nominated and confirmed back the rights of American people. score points against one’s opponents. even when different political parties Recent comments by advocates on But the American people sent us here hold Senate seats or control the White the other side and even by some elected to be their voice. They understand that House. For many years I worked with a officials have left me very worried those voices can at times become loud Republican Senator and a Democratic about the future of the independent ju- and argumentative, but they also hope President to nominate and confirm diciary. It seems many in this country we can disagree without being dis- Federal judges from my State. Today, are intent on running roughshod over agreeable. At the end of the day, they with a Republican President I am the Constitution, bent on misusing expect both parties to work together to working with my colleague from Wash- their power to destroy fundamental get the people’s business done. ington State on a bipartisan process to principles of our great democracy. What they do not expect is for one recommend judicial candidates. We de- That is not how America works. It is party, be it Republican or Democrat, to veloped a bipartisan commission proc- not what our Founding Fathers in- change the rules in the middle of the ess that forwards names to the White tended. In our democracy, no single game so they can make all the deci- House. It has worked very well. Both person and no single political party sions while the other party is told to sides had equal representation on the may impose extreme views on the Na- sit down and keep quiet. commission. The commission inter- tion. The constitutional system of The American people want less par- views and vets the candidates. checks and balances was set up for a tisanship in this town, but everyone in It worked for Senator Gorton and me reason. It has worked for two cen- this Chamber knows that if the major- when we forwarded names to President turies. There is no reason to destroy ity chooses to end the filibuster, if Clinton and it is working well for Sen- this fundamental principle now. they choose to change the rules and ator Maria Cantwell and me as we rec- My colleagues and I are standing up put an end to democratic debate, then ommend names to President Bush. I to these abuses. We are fighting to pro- the fighting, the bitterness, and the am very proud that during President tect the historic power of this body to gridlock will only get worse. Bush’s first term we worked together make sure it is not a rubberstamp for I understand that Republicans are to confirm five excellent judges sectarian, partisan, special interests. getting a lot of pressure to do this from through this bipartisan commission. We will continue to do so. factions outside the Chamber, but we

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.012 S13PT1 S3512 CONGRESSIONAL RECORD — SENATE April 13, 2005 need to rise above ‘‘the ends justify the The PRESIDING OFFICER. Without felt there were representations being means’’ mentality because we are here objection, it is so ordered. made to the American people about the to answer to the people—all of the peo- f nature of this threat that were just ple, not just the ones who are wearing plain wrong. our particular party label. AMENDMENT NO. 356 TO H.R. 1268 I listened in the Intelligence Com- The fact is that both parties have Mr. DURBIN. Mr. President, I ask mittee as they described the evidence worked together to confirm 95 percent unanimous consent that the following of weapons of mass destruction and was of this President’s judicial nominees. Senators be added as cosponsors to my puzzled. I could not understand the The Senate has accepted 205 of his 214 amendment: Senators KERRY, statements from the administration selections. In fact, we just confirmed LANDRIEU, SARBANES, LEAHY, LINCOLN which were coming out about all of another one of the President’s judges and LAUTENBERG. these weapons of mass destruction in this week by a vote of 95 to 0. Overall, The PRESIDING OFFICER. Without Iraq that threatened us in the Middle this is a better record than any Presi- objection, it is so ordered. East and around the world; the evi- dent has had in the last 25 years. For a Mr. DURBIN. Mr. President, for those dence was not there. The people that President who received 51 percent of who are following the business of the we needed on the ground to confirm the the vote and a Senate Chamber made Senate, after morning business we hope evidence were not there. up of 55 percent of the President’s to move to closure of debate on my In addition, there was a lot of specu- party, I would say that confirming 95 amendment. It is my understanding lation about nuclear weapons that Sad- percent of their judicial nominations is that Senator STEVENS is returning dam Hussein was developing with alu- a record to be proud of. from the White House and would like minum tubes to be used in centrifuges. Again, I urge my Republican col- to speak on the amendment, and we As we listened to the agencies of our leagues not to go through with chang- will have a formal unanimous consent own Government in hot debate over ing these rules. In the long run, it is request but it is my intent to protect whether or not these tubes had any- not a good result for either party. One his right to speak for up to 5 minutes thing to do with nuclear weapons, I was day Democrats will be in the majority and to protect my right to close for up puzzled as to how some of the leaders again, and this rule change will be no to 5 minutes. Otherwise, our goal is to in this administration could be talking fairer to a Republican minority than it try to have a vote at 12:15 on this about mushroom clouds because Sad- is to a Democratic minority. I sense that talk of the nuclear op- amendment. I say that even though dam Hussein is going to detonate a nu- tion is more about power than about there has not been a formal consent clear weapon. They talked about some fairness. I believe some of my col- agreed to, but that is what the discus- connection between the terrible trag- leagues propose this rule change be- sion leads to. edy of 9/11 on America and Saddam cause they can get away with it rather For those who are following this de- Hussein, and yet there was no evi- than because they know it is good for bate, this is an important bill that is dence—and there still is absolutely no our democracy. before us. It is the supplemental appro- evidence—connecting Saddam Hussein Right now we are faced with rising priations bill. The President has come to that terrible tragedy that occurred gas prices, skyrocketing tuition costs, to Congress and asked for money to on 9/11. a record number of uninsured Ameri- wage the war in Iraq and Afghanistan. As this evidence accumulated, Sen- cans, and some of the most serious na- What we find curious is that this ator BYRD, myself, and many others tional security threats we have ever amount is not being included in the said the case that the administration is had, while our bravest young men and President’s budget. In fact, he is argu- making for the invasion of Iraq is not women are risking their lives halfway ing he is moving toward a balanced there. The evidence is not there. I per- around the world to keep us safe. These budget but fails to include the cost of sonally feel one of the worst things are challenges we all want to meet and the war. that can happen in a democracy is problems we all want to solve, even if It is my understanding, and I think I when the leadership of a democratic we do not always agree on how to do it. am close on this number, with this ad- government misleads the American But if the right of free and open debate ditional $81 billion, we will have allo- people into believing there is a threat is taken away from the minority party cated and spent $210 billion on the war that does not exist. and the millions of Americans who ask in Iraq and Afghanistan. The President I am not arguing that they delib- us to be their voice, I fear the partisan refuses to include this in his budget. If erately misled us. It could have been a atmosphere in Washington will be he did, we would have a much deeper sin of omission. I do not know the an- poisoned to the point where no one will deficit than currently stated. swer to that. But the fact is those of us be able to agree on anything. That does Those of us who believe in at least who voted against the use of force had not serve anybody’s best interest, and honesty in accounting cannot under- serious questions as to the justification it certainly is not what the patriots stand why we are doing this separately. for the war, and I might add serious who founded this democracy had in Why do we have a supplemental bill for questions about our readiness for that mind. We owe the people who sent us this war in Iraq and Afghanistan when war. Trust me and other Senators, if here more than that. We owe them we are clearly going to be there for a we needed to call on any military force much more. period of time? I hope for a short pe- in the world to perform a mission, I Mr. President, I suggest the absence riod of time but at least for some pe- want to dial 911 and find the United of a quorum. riod of time. States on the other end of the line. We The PRESIDING OFFICER. The That budget argument aside, I will go have the very best military in the clerk will call the roll. to the merits of what we are dis- world. I knew they would acquit them- The assistant journal clerk proceeded cussing. The $81 billion for the war in selves very well once the invasion was to call the roll. Mr. DURBIN. Mr. President, I ask Iraq and Afghanistan is a figure that I under way, and I knew they would be unanimous consent that the order for will support. I was one of the Senators successful. I could not predict how long it would the quorum call be rescinded. who joined my great friend and leader The PRESIDING OFFICER. Without Senator ROBERT BYRD in voting against take, and thank goodness it was short- objection, it is so ordered. the resolution to authorize the Presi- lived. But the military aspects of the Mr. DURBIN. Mr. President, if I am dent to use force in this war in Iraq. war and the success notwithstanding, not mistaken, the pending business is Mr. BYRD. Right. it is clear that this administration was the Durbin amendment which I offered Mr. DURBIN. There were 23 of us on not prepared for waging the peace that yesterday. the Senate floor who did that. I believe followed. They were unprepared in The PRESIDING OFFICER. I have it was the right vote not because I am terms of the number of men and women been informed the Senate has not laid making any excuses for Saddam Hus- on the field, in terms of the equipment down that measure yet. sein, a tyrant, a dictator, a man I am that is available, such as armor for Mr. DURBIN. I ask unanimous con- glad is out of power, but many of us, humvees and body armor for soldiers. sent to be recognized as in morning particularly those of us sitting on the We were not prepared for it. Here we business. Intelligence Committee at the time, are, more than 2 years later in Iraq, in

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.014 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3513 a position where we need to stay and and said: We accept the challenge. We The assistant journal clerk read as finish, and we are still arguing over the believe in these men and women. We follows: basics. believe in America. We are going to A bill (H.R. 1268) making emergency sup- I visited Iraq 3 weeks ago, went there stand behind them. So when they are plemental appropriations for the fiscal year after first going to Kuwait and visiting activated, these companies step up, as ending September 30, 2005, to establish and with our troops. I met with the 1644th well as units of local government, and rapidly implement regulations for State Illinois National Guard unit, a trans- make up the difference in pay, giving driver’s license and identification document port unit that moves humvees and them the peace of mind to know that security standards, to prevent terrorists trucks back and forth between Bagh- from abusing the asylum laws of the United even though they are separated from States, to unify terrorism-related grounds dad and Kuwait City every single day their family while away overseas, they for inadmissibility and removal, to ensure at great danger to the men and women are going to have enough money com- expeditious construction of the San Diego driving those vehicles. The first thing ing in to make the mortgage payments, border fence, and for other purposes. they wanted to show me was: get in the pay the utility bills, and all the basics Pending: truck, sit here and look how cramped of life. Kerry amendment No. 333, to extend the it is as we sit here for hours and look When it comes to employers, there is period of temporary continuation of basic al- around. There is no armored protection one employer that does not meet that lowance for housing for dependents of mem- for us as we are driving back and forth obligation; there is one employer in bers of the Armed Forces who die on active through these dangerous zones. Two America, the largest single employer of duty. years after the invasion, we still do not Guard and Reserve soldiers in America, Kerry amendment No. 334, to increase the have the adequate equipment that our that refuses to make up the difference military death gratuity to $100,000, effective troops need. in pay. There is one employer in Amer- with respect to any deaths of members of the This bill will come before us, and I Armed Forces on active duty after October 7, ica which has said for 2 straight years 2001. will support it. I had misgivings, and now, We will not protect the Guard and Durbin amendment No. 356, to ensure that still do, about the initiation of the in- Reserve soldiers’ families while they a Federal employee who takes leave without vasion of Iraq but I do not have any are overseas fighting. There is one em- pay in order to perform service as a member misgivings about providing our sol- ployer in America that coincidentally of the uniformed services or member of the diers, our marines, our airmen and our is praising all of these private-sector National Guard shall continue to receive pay sailors the very best equipment and all employers for standing behind their in an amount which, when taken together the resources they need to perform soldiers and yet refusing to cover their with the pay and allowances such individual is receiving for such service, will be no less their mission and come home safely. own employees. What is that employer? Look at some other aspect of this than the basic pay such individual would It is the United States Government. then be receiving if no interruption in em- war that is equally important. This is a Our Federal Government refuses to ployment had occurred. different war than we have ever waged. make up the pay differential for acti- This is a war that depends on an Amer- The PRESIDING OFFICER. The Sen- vated Federal employees who go into ator from West Virginia. ican fighting force that is largely, or at the Guard and Reserve. It turns out least to a great extent, composed of Mr. BYRD. Mr. President, do I have that some 51 percent of those who are the floor? men and women in the National Guard serving overseas today have seen a dra- and Reserves. We have not done this The PRESIDING OFFICER. The Sen- matic cutback in their pay. How can ator has the floor. before, but we have to do it now. Were we have Web sites and speeches prais- it not for the 40 percent of the 157,000 Mr. BYRD. I ask unanimous consent ing all of the employers across Amer- that I may yield to the distinguished or 160,000 men and women in Iraq from ica, the businesses that stand behind Guard and Reserve units, we would not Senator from Massachusetts, Mr. their soldiers, while the Federal Gov- KERRY, for not to exceed 10 minutes, be able to send our soldiers in the field ernment does not? to fight. Thank goodness those Guard without losing my right to the floor. So for the third time since the inva- The PRESIDING OFFICER. Without and Reserve units are there. sion of Iraq, I am offering this amend- Understand that unlike the Active- objection, it is so ordered. ment. It is called the Reservist Pay Se- The Senator from Massachusetts. Duty military, the Guard and Reserve curity Act, and it says the Federal military come in under different per- Mr. KERRY. Mr. President, I thank Government will meet the obligation the distinguished Senator from West sonal and family circumstances. Here private sector employers are meeting is a man or woman in a Guard unit in Virginia for his courtesy. every day and make up the pay dif- Mr. President, I ask unanimous con- Illinois or virtually any State who ferential for Federal employees who go sent to add Senator LAUTENBERG as a signed up to serve his or her country overseas in the Guard and Reserve. It looking for perhaps some scholarship cosponsor to Senate amendment No. is not a radical suggestion. It is a com- 333 and Senate amendment No. 334. assistance to go to school, ready to re- monsense suggestion that we would spond to a natural disaster or to be The PRESIDING OFFICER. Without stand behind these employees and sol- objection, it is so ordered. called up for a few weeks at a time, and diers as we ask others to do. they are being activated for lengthy I see some of my other colleagues are AMENDMENTS NOS. 333 AND 334 periods, for a year to a year and a half in the Chamber, and I am going to Mr. KERRY. Mr. President, yester- and sometimes more. It is creating a yield the floor at this moment. We are day I introduced two amendments to terrible hardship for the families of hoping for a vote at around 12:15 or so, help our military families to be able to these Guard and Reserve unit mem- but we are going to accommodate the contend with the death of a loved one bers. schedules of the Senators and try to and the problems that flow to these The amendment that is pending be- ask for a unanimous consent. families when one of America’s service fore us is very basic. We have said to I yield the floor. people are lost either in combat or in employers across America, if one of the course of duty. The disruptions are f their employees is in the Guard or Re- obviously enormous and unimaginable serve, and that employee is activated, CONCLUSION OF MORNING in many ways, but one of those disrup- do your best to stand behind that em- BUSINESS tions is that after a period of 180 days, ployee and his family; make certain, if The PRESIDING OFFICER. Morning even in the middle of a school year, a they can, they keep their health insur- business is closed. widow would have to move off the base ance in place, if necessary; try to make f notwithstanding the kids are in the up the differential in pay between what middle of a school year. I can give the the military pays and what they were EMERGENCY SUPPLEMENTAL names of people I have met in a num- making in the private sector so that APPROPRIATIONS ACT, 2005 ber of instances over the course of the soldier who is off risking his life is not The PRESIDING OFFICER. Under last couple of years traveling the coun- worried about the family back home. the previous order, the Senate will re- try, people who talked about the in- And guess what. Almost 1,000 Amer- sume consideration of H.R. 1268 which credible disruption to their family be- ican businesses have stepped forward the clerk will report. cause of this.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.016 S13PT1 S3514 CONGRESSIONAL RECORD — SENATE April 13, 2005 What we have learned listening to mother the medication that her daugh- limit the benefit to combat. But now I the commanders in the military and ter needed, but the pharmacist was left ask my colleagues to heed the advice of also to the families is that when we re- questioning his Nation’s leadership. uniformed military leaders about those cruit, we are not just recruiting indi- Here is what he said: on active duty today and their families vidual soldiers, and when we equip, we I was dismayed that there apparently was in the military. We need to provide this don’t just equip by giving them the no help available for this mother whose hus- benefit to all Active-Duty personnel. weapons and the technology they need band was serving his country. Amy Beth Moore is right. What dif- to fight a war. We recognize we recruit A guy in Abilene, TX, e-mailed me ference does it make where he was a whole family and we retain a whole about his first friend in the world who killed? He was killed preparing the family. We need to have policies that was shot down in Iraq. He left behind a troops to do what we need to do in Iraq, are family thoughtful, family sen- wife and three children. Over 2,000 peo- and his loss is as real whether he was sitive, so we can retain people in the ple honored him at the memorial serv- killed in Iraq or elsewhere. If we fail to military, particularly in a volunteer ice, but that did not do anything to adopt these amendments we are going force where we expend enormous public help his parents, who were draining to confirm the greatest fears of Amy dollars in order to train people to pro- their retirement savings to get health Beth Moore and the over 2,000 Ameri- vide us with the superb capacity we insurance for their grandchildren. This cans who e-mailed their stories to me, have in our military. fallen soldier’s friend wrote: that Washington talks a good game but One of my amendments would pro- Nathan’s family is getting by because of doesn’t really care about these fami- vide an extension of that 180-day period their love and faith in God and each other, lies. of time so you get a year for the school but after losing a son in service to America, For the survivors of our Nation’s fall- year issue and other issues of finding a they should not have to struggle to see that en heroes, much of life remains. Al- suitable home and figuring out whether his wife and children will get by. His wife has though no one can ever put a price on you are going to go back and live with already lost her husband, and his children the loss of the life of any loved one, it will already grow up without their father. your parents, what your job is going to His daughter Courtney will not have her Dad is up to us to try to be generous, and I be, and where you are going to live, so to walk her down the aisle when she marries. think correct, in helping them to put all of these things are not providing They will not have a Dad at their High their lives back together. I urge my added pressure to families who are al- School graduations or at the birth of their colleagues to join me in working to- ready remarkably disrupted. children. They should not have to sacrifice ward a strong bipartisan military fami- The second is an amendment that anymore. lies bill of rights that does right by would extend the death benefits, the That is what this friend wrote to us, those who serve and by their families. total death benefits to families so all of us Senators. Finally, I want to I hope we can start that by taking the those families who are unfortunate share a letter I received in February right direction in adopting these two enough to lose a loved one are not suf- from Amy Beth Moore from Fort Hood, important amendments today. fering for the rest of their lives as a TX. Her two children, Meghan, age 13, I thank the distinguished Senator consequence of that contribution to and Sean, age 10, no longer have their from West Virginia again for his cour- their Nation. father Jim. During his tour in Iraq, tesy. These amendments would be the first Jim was shot at, and his Hummer took I ask unanimous consent to add Sen- strong steps in what I call the military a near deadly bullet in the gas tank. ator DURBIN as a cosponsor. families bill of rights. I am not going When he returned home, he was a sen- The PRESIDING OFFICER (Ms. MUR- to go through all of the details and the ior officer in charge of refitting his KOWSKI). Without objection, it is so or- arguments for that, but I would like to unit for the next deployment. This re- dered. say to my colleagues that yesterday I quired frequent helicopter flights back Mr. BYRD. Madam President, I ask if sent out an e-mail asking Americans to and forth from Texarkana. the Senator will add my name as a co- send stories in about their personal On November 29, 2004, his Blackhawk sponsor to both amendments. struggles with these issues, or those of crashed, killing Jim and six other sol- Mr. KERRY. I am honored to have their friends and friends’ families that diers. Listen to what Amy wrote: the Senator from West Virginia as a they heard about. Consider our predicament. But for the cosponsor. In less than 24 hours over 2,000 fami- grace of God, my husband would not have The PRESIDING OFFICER. The Sen- lies responded. They took the time out survived a deployment to Iraq and then was ator from West Virginia retains the of their busy days in the hopes that we working to ready the Fourth Infantry Divi- floor. would listen, so I would like to share a sion for its next deployment. Why should it Mr. BYRD. Madam President, the bill few of those stories with my col- matter where he was killed while serving before us contains funding for a num- leagues. proudly in the military? Why should we as ber of items that can hardly be de- his surviving wife and children not be enti- scribed as emergencies, despite the fact The first is a couple in Austin, TX, tled to the increased death gratuity and life who e-mailed me about one of their two insurance? I have been a full time mom, that they are contained in an emer- young children who has Job’s syn- managing the home front of a career soldier gency supplemental funding bill. drome. When their father was called to and it is now up to me as a widow and a sin- One of those items that fairly leaps duty, Home Depot stopped paying his gle parent to provide for our children. These off the page is a $36 million earmark, salary and cut his health insurance. benefits would greatly assist me in doing tucked away in the report under mili- His wife, who was a schoolteacher, had that and frankly, without them, we will have tary construction for the Army, to to purchase insurance on the open mar- a serious challenge in the days and months build a new, permanent prison at Guan- and years ahead without Jim. I know that tanamo, Cuba. Why is this tucked away ket, leaving her finances in complete compensation in any form will in no way disarray. Her daughter was in the hos- make up for the loss of a loved husband and as an emergency? It is to house detain- pital so often that she eventually used father and all the missed moments that we ees from the war on terrorism. up all of her sick and vacation days. would have shared as a family, but nothing What struck me about this item is The school docked her pay for lost is more important to me right now than try- that the American people are being time, and her financial situation went ing to take care of my children, and it is on asked to build a permanent prison to from bad to worse. their behalf that I make this request. house 220 prisoners from the war on This is because her husband was serv- We have heard from military fami- terrorism when the courts have not yet ing his country, but the Government lies. We have heard from friends. There determined the legal status of the de- did nothing for his family to make up are thousands more such stories across tainees or whether the United States that difference. the Nation. The test is whether we, as can continue to hold these individuals I got an e-mail from a pharmacist a matter of conscience and common indefinitely without charging them whose nurses were upset about a sense, are going to do what is right for with a crime. woman who could not afford medica- those who serve our country. We are walking on thin ice here— tion for her child because her husband I thank the Appropriations Com- thin ice. If ever there was a case of put- had been called to duty in Iraq. They mittee for fixing part of this, for going ting the cart before the horse, this eventually found a way to get the beyond the administration’s request to seems to be it. Construction of a new

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.019 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3515 permanent prison in Guantanamo as- For once, I agree with Secretary tention center from the watchful eyes sumes that the United States has in Rumsfeld, particularly given the alle- of the Red Cross. Nor will allegations place a solid policy and a valid require- gations of abuse that have dogged the of mistreatment of prisoners at Guan- ment for the long term internment of Defense Department’s treatment of de- tanamo be resolved by trading one set detainees at that site when in fact nei- tainees in Iraq and Afghanistan as well of cell blocks for another. ther the policy nor the requirement as Guantanamo. The Defense Depart- There may indeed be advantages to has been validated. ment should not automatically assume moving more Guantanamo prisoners Ever since the Supreme Court ruled an open-ended burden of being the from temporary into permanent deten- last year that U.S. law applied to world’s jailer of foreign enemy combat- tion facilities, but until we have a Guantanamo, and that prisoners held ants. clearer picture of the number of pris- there could challenge their detentions Given all the uncertainties con- oners who will be housed there over the in Federal Court, the status of the de- cerning the future requirements for de- long term, there is no compelling rea- tainees at Guantanamo has been a tention facilities at Guantanamo, son to rush into spending $36 million of matter of open debate. A flurry—we where—oh where, tell me—is the ur- your money—it is your money—the have reached beautiful spring weather gency in this request? The Defense De- taxpayers’ dollars to build a prison now, but a flurry of subsequent legal partment insists that prisoners cur- based on guesstimates instead of facts. challenges mixed with allegations of rently in custody at Guantanamo are At a hearing of the Senate Armed prisoner abuse have only muddied the in conditions that are safe, secure, and Services Committee last month, Gen waters further. humane. The current detention facili- Bantz Craddock, Commander of the In August, a Federal district judge ties at Guantanamo include Camp 4, U.S. Southern Command, which over- ruled that the military tribunals being where detainees live in 10-man bays sees Guantanamo, was asked what the conducted at Guantanamo must be with nearly all-day access to exercise Pentagon was doing to improve the halted because they did not provide yards and other recreational privileges; quality of life for the U.S. military per- minimally fair procedures and violated Camp 1, where detainees are housed in sonnel assigned to Guantanamo. Gen- international law. Hey, look out here. individual cells with a toilet and sink eral Craddock replied that he had sub- Look what we are doing. Where are we in each cell; and Camp 5, the new 100- mitted a list of unfunded requirements going? Meanwhile, another Federal bed maximum security prison that the of several million dollars for U.S. mili- judge recently stopped the Government Pentagon boasts would be envied by tary facilities. But, he continued, ‘‘we from transferring detainees from Guan- many States. Camp Delta also boasts a are watching this closely because we tanamo to other countries pending a 19-bed detainee hospital, which mili- don’t want to get out in front of the review of the process. tary officials describe as a state-of-the- policy with regard to the long-term de- What is wrong with that? At the art facility, complete with first-rate tainee issue down there.’’ heart of the Guantanamo detention dental care. That is good advice from General controversy is whether the detainees With the exception of the existing Craddock, and I would suggest that we are entitled to prisoner of war status maximum security prison, these are apply it to the detention facilities at under the 1949 Geneva Convention, or temporary facilities, but according to Guantanamo as well. It is the policy are they, as the administration con- the Defense Department, they are de- that should drive the construction, not tends, ‘‘enemy combatants’’ who are signed to provide safe, secure, and hu- the other way around. Before we ask entitled to no judicial oversight. It is a mane housing for the prisoners. As the the American taxpayers—before we ask complex legal debate that is unlikely Pentagon is quick to point out, the you, the people out there who are to be resolved anytime soon. And yet the White House has deter- concrete slab and open-air chain-link watching the Senate Chamber here mined that the construction of a $36 enclosures that originally housed pris- with open eyes, with open ears and million maximum security prison at oners when the Guantanamo detention probably with open mouths, you, it is Guantanamo is such an urgent require- facilities opened in January of 2002 are your money—before we ask you, the ment that it cannot allow the courts to long gone. American taxpayers to spend $36 mil- rule on the validity of the administra- The Defense Department, in its jus- lion to build a brand new permanent tion’s detainee policy or even wait for tification for the new prison, asserts prison for foreign detainees at Guanta- the regular appropriations process. Not that the existing temporary facilities namo we should make sure that we even wait for the regular bill—put it in are nearing the end of their useful life, have an ironclad requirement for that the supplemental. will not meet Geneva Convention re- prison. Until the courts have resolved This despite the fact that there is quirements, and will be subject to con- the legal status of the prisoners and currently no overcrowding at Guanta- tinued scrutiny by the International until the Department of Defense and namo, that the prison population is Committee of the Red Cross, the ICRC, the administration determine the role steadily declining—down to approxi- until facility standards are raised. of the department in the long-term de- mately 540 from a high of about 750— Playing the Geneva Convention card tention of the prisoners, building a per- and that the Pentagon has already is a curious tactic coming from an ad- manent maximum security prison at built a $16 million, permanent, state- ministration that selectively cherry- Guantanamo is premature. of-the-art maximum security prison at picks which of the Geneva Convention Madam President, are there any Guantanamo to hold 100 prisoners. At standards it chooses to apply to the pending amendments ahead of this the same time, according to an article prisoners at Guantanamo. The only Ge- amendment? last month in The New York Times, neva Convention requirements cited by The PRESIDING OFFICER. There the Defense Department is trying to the Defense Department in its jus- are amendments pending. enlist the aid of the State Department tification for the new prison are that Mr. BYRD. I will take my amend- and other agencies to transfer more housing units and core functions ment in the order in which the amend- prisoners out of Guantanamo, in an ef- should be contiguous and allow for ment has been called up. fort to cut by more than half the cur- communal conditions where practical— I ask unanimous consent ahead of rent population at Guantanamo. certainly nice-to-have amenities but time if it may be in order to have the The fact is, the Pentagon has no idea hardly a core requirement for the hu- yeas and nays on my amendment, even at this point how many detainees from mane treatment of prisoners. though it won’t be voted on at this mo- the war on terrorism are facing long In fact, the ICRC’s main concern ment. term detention, or where they will about Guantanamo, according to the The PRESIDING OFFICER. Without eventually end up. organization’s website, is not contig- objection, the pending amendments are As Defense Secretary Donald Rums- uous detention units but the fact that laid aside. feld put it at a hearing before the Sen- the administration has attempted to AMENDMENT NO. 367 ate Appropriations Committee in Feb- place the detainees in Guantanamo be- Mr. BYRD. Madam President, I send ruary, ‘‘The Department of Defense yond the law. Building a new prison an amendment to the desk. would prefer not to have the responsi- will not address that concern, and it The PRESIDING OFFICER. The bility for any detainees.’’ will not exempt the Guantanamo de- clerk will report.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.005 S13PT1 S3516 CONGRESSIONAL RECORD — SENATE April 13, 2005 The assistant legislative clerk read and that prior to the Durbin vote Sen- The Department has offered all sorts of as follows: ator STEVENS and Senator DURBIN be reasons why, many of which even con- The Senator from West Virginia [Mr. allocated 5 minutes each to speak; fur- tradict each other. But the bottom line BYRD] proposes an amendment numbered 367. ther, that there be 2 minutes equally is, they refuse to spend the money the Mr. BYRD. Madam President, I ask divided for debate prior to each vote; President requested and the Congress unanimous consent that reading of the finally, that all votes after the first be appropriated to dispose of these chem- amendment be dispensed with. limited to 10 minutes each. ical weapons stored in Kentucky. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without This Congress cannot and will not let objection, it is so ordered. objection, it is so ordered. them get away with it. The Depart- The amendment is as follows: Mr. COCHRAN. Madam President, I ment’s foot dragging on eliminating these weapons is simply unacceptable. (Purpose: To reduce by $36,000,000 the appreciate the cooperation of all Sen- amount appropriated for ‘‘Military Con- ators in getting this agreement. Sen- The best they claim they can do is to struction, Army’’, with the amount of the ator BYRD has offered an amendment place the Blue Grass Army Depot on reduction to be allocated to funds avail- on which the yeas and nays have been caretaker status, meaning that vir- able under that heading for the Camp 6 De- ordered, but we will not vote on that tually no cleanup action will be taken. tention Facility at Guantanamo Bay, amendment until others who wish to The Department’s own studies have Cuba) speak on the amendment have an op- shown the longer we sit on these dan- On page 169, line 13, strike ‘‘$897,191,000’’ portunity to do so. That will occur at gerous weapons, the greater the risk to and insert ‘‘$861,191,000’’. any time. If we do complete debate on surrounding communities. The Depart- Mr. BYRD. Madam President, I ask the Byrd amendment prior to 1:45, that ment of Defense needs to fulfill its ob- unanimous consent that it be in order could be something we could consider ligations, and it needs to clean up to ask for the yeas and nays at this adding, but at this point we are not these sites now—not some other time, time. prepared to make that announcement. now. The PRESIDING OFFICER. Without I suggest the absence of a quorum. In 1996, I authored legislative lan- objection, it is so ordered. The PRESIDING OFFICER. The guage that created the Assembled Mr. BYRD. I ask for the yeas and clerk will call the roll. Chemical Weapons Alternatives Pro- nays. The assistant legislative clerk pro- gram, also known as ACWA, to find the The PRESIDING OFFICER. Is there a ceeded to call the roll. best method to destroy VX and other sufficient second? Mr. MCCONNELL. Madam President, deadly agents. The Blue Grass Army There is a sufficient second. I ask unanimous consent that the order Depot became one of the ACWA sites, The yeas and nays were ordered. for the quorum call be rescinded. along with a site in Pueblo, CO. Mr. BYRD. I thank the Chair, and I The PRESIDING OFFICER. Without The DOD refuses to clean up that site thank all Senators. objection, it is so ordered. in Colorado also, and so my friend Sen- The PRESIDING OFFICER. The Sen- Mr. MCCONNELL. Madam President, ator WAYNE ALLARD knows this issue ator from Mississippi. imagine how nervous you would be if I well. I thank him for his steadfast in- Mr. COCHRAN. Mr. President, for the told you as we go about our business in volvement and leadership on this ques- information of all Senators, we are pre- the Senate, hidden in the Capitol base- tion. He feels as strongly as I do that paring to seek unanimous consent that ment were over 500 tons of some of the the dangerous substances located at we have a series of three votes that deadliest material ever conceived by the hearts of our States need to be dis- will begin at 1:45 p.m. today. These will man, VX nerve gas. Suppose I told you posed of safely and quickly. be on or in relation to the Durbin it had been there for decades, and al- The Department claims ACWA sites amendment and the two Kerry amend- though the authorities had previously must be downgraded to caretaker sta- ments which are pending before the promised to safely destroy some toxins, tus because they are over budget due to Senate. We hope to be able to reach they were now changing their tune. cost overruns. Yet the Department’s agreement on this consent request so They had put their plans to dispose of own schizophrenic decisionmaking is Senators can be advised very soon that these deadly weapons on hold, leaving what led to these costs. The Depart- that will be the order of the Senate. you to babysit them. I imagine you ment has repeatedly stopped or slowed That still leaves, of course, the would start to feel a little nervous. down design work and then restarted, amendment of the Senator from West Now you know how the residents of adding unnecessary startup and stop- Virginia which we will have an oppor- Madison County, KY, feel. For the peo- work costs. They stingily parcel out tunity to discuss separate and apart ple of Madison County, KY, and all appropriated monies in such small from these three that will be voted on. over central Kentucky, the fear I have quantities that it is impossible to Then we will seek to deal with that described is a daily reality. spend it efficiently. Thus, it is the De- amendment in the regular order. The Blue Grass Army Depot in Madi- partment’s own bureaucratic mis- I suggest the absence of a quorum. son County contains 523 tons of our Na- management that has created the cost The PRESIDING OFFICER. The tion’s chemical weapons stockpile. problems. clerk will call the roll. Since the 1940s, it has stored mustard Perhaps we should expect no less The assistant legislative clerk pro- gas, sarin nerve agent, and VX nerve from an outfit whose operating maxim ceeded to call the roll. agent. Each of these is among the dead- is printed on this board behind me. Dr. Mr. COCHRAN. Madam President, I liest nerve agents ever created. As lit- Dale Klein, the Assistant to the Sec- ask unanimous consent that the order tle as 10 milligrams of VX is enough to retary of Defense for Nuclear, Chem- for the quorum call be rescinded. kill a human being. That is about the ical, and Biological Defense Programs, The PRESIDING OFFICER. Without mass of 10 grains of sand. It is virtually admitted in his testimony last week objection, it is so ordered. undetectable to the naked eye, and yet before the House Armed Services Com- Mr. COCHRAN. Madam President, I if that tiny amount is inhaled, death is mittee that, as he said: am pleased to advise the Senate that imminent. If it is absorbed through the As I often tell people, some of our budg- we have been able to reach agreement skin, death takes mere minutes. eting processes are accurate but incorrect. on a series of votes that will occur at The time has come for the safety of Let me run that by you one more 1:45. I am authorized by the leadership our fellow Kentuckians to safely elimi- time. He said: on both sides to propound this unani- nate these heinous weapons. As I often tell people, some of our budg- mous consent request. The Department of Defense has eting processes are accurate but incorrect. I ask unanimous consent at 1:45 p.m. agreed it is time for the weapons to go. What nonsense. Can you believe that? today the Senate proceed to a series of They promised they would dispose of Dr. Klein, speaking of the Department votes in relation to the following them. Congress has appropriated hun- of Defense, said on the record: amendments: Durbin No. 356; Kerry No. dreds of millions of dollars for them to . . . some of our budgeting processes are ac- 333; Kerry No. 334; provided further safely destroy the materials. Yet the curate but incorrect. that no amendments be in order to Department refuses to take the nec- I will leave it to someone else to fig- these amendments prior to the votes, essary steps to accomplish the task. ure out exactly what that means, but it

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.021 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3517 does not fill me with confidence in the prohibit DOD from conducting a study The assistant legislative clerk pro- Department’s ability to resolve this on the transportation of chemical ceeded to call the roll. issue. The Congress must pursue this weapons across State lines. Because Mr. STEVENS. Mr. President, I ask matter if we ever want to see positive transporting chemical weapons across unanimous consent that the order for results. Therefore, I have authored a State lines is illegal already, one would the quorum call be rescinded. provision, section 1115, in this bill be- think this provision unnecessary. But The PRESIDING OFFICER (Mr. fore us, the supplemental appropriation despite the law, the Department has COLEMAN). Without objection, it is so bill, that expressly directs DOD to ordered a study on doing that which it ordered. spend the money Congress has appro- cannot legally do. It is a mystery to Mr. STEVENS. Mr. President, is time priated to dispose of chemical weapons me why the Department would spend control in place right now? at the Blue Grass Army Depot, which is precious time and money exploring an The PRESIDING OFFICER. The Sen- in Kentucky, and the Pueblo Chemical option that is not an option, that is il- ator has 5 minutes prior to the first Depot, which is in Colorado. It forbids legal under Federal law. Let me say vote. them, absolutely forbids them, from again, the Department of Defense is Mr. STEVENS. I have 5 minutes after shunting that money into any other currently spending funds that should 1:45 p.m. purpose. be going toward destroying deadly The PRESIDING OFFICER. The Sen- Let me be clear: This provision does chemical weapons on studying a course ator has 5 minutes before the vote at not add a penny of new spending to this of action that is illegal. 1:45 p.m. bill. It merely requires the Department That suggests to me that rather than AMENDMENT NO. 334 to spend the money they requested for destroying the chemical weapons where Mr. STEVENS. Mr. President, I wish the purposes they identified. they are stored, the Department is con- to speak first on the amendment of- DOD has broken its word to the citi- sidering transferring them out of the fered by Senator KERRY. zens of Madison County. But the lan- Blue Grass Army Depot to other facili- The PRESIDING OFFICER. The Sen- guage I have authored will force the ties. That is reckless and irresponsible ator from Alaska may proceed. Department to get Blue Grass back on for too many reasons to describe. Ken- Mr. STEVENS. Mr. President, our track, and I promise that prediction tuckians do not want trucks full of Defense Subcommittee has considered will prove both accurate and correct. nerve gas speeding down the interstate, this matter very closely. We believe My provision will guarantee that the and I suspect neither do the people of the provision for death gratuity is a $813.4 million in prior-year monies that other States, such as Alabama, Arkan- special and unique situation, and we has been budgeted for ACWA sites will sas, Utah, or any other State. Even if it provided it in the bill before the Sen- not be transferred for other purposes. were legal, there is no way politically ate. Over the past several years, the these weapons are going to be moved What we seek to provide is a special President has requested specific funds across the country to some other site recognition for our Nation’s fallen he- for ACWA. For reasons of comity, Con- for destruction. roes who have given their lives in com- gress has provided these funds for the Before I conclude, I want to address bat defending our Nation or who have overall chemical demilitarization pro- one more failure of the Department of died in training or other activity that gram largely in lump sums, trusting Defense. By not meeting their obliga- is considered related to combat by title that DOD would comply with the Presi- tions to the people of Kentucky and X. dent’s budget request. But they have Colorado, they are breaking not only Let me state that again. Our provi- not. Instead, DOD undermined the their word, they are breaking Amer- sion covers all service members who President’s budget request and diverted ica’s word. That is because by placing lose their lives in combat or who die in funds intended for the ACWA Program. the ACWA sites on caretaker status, training or other activity that is con- This language will hold the Depart- the Department is acknowledging the sidered combat related by title X. ment to the President’s budget request weapons will not be disposed of at least The normal death gratuity in effect with respect to this program. until 2016 at the earliest, yet the now is $12,400. It provides immediate My provision will force DOD to obli- United States has signed the Chemical cash to meet the needs of survivors. gate at least $100 million at the ACWA Weapons Convention, which establishes This amount is payable immediately sites within 120 days of the enactment a deadline for elimination of these sub- and is intended to provide sufficient of this legislation before us. Because stances in 2012 at the latest. The De- funding to support families until other the Department has purposely—pur- partment of Defense should be working benefits, particularly those such as the posely—withheld funds from the ACWA with all the speed it can muster to Survivor Benefit Plan, Dependency and sites and downgraded them to care- meet this deadline, not openly thumb- Indemnity Compensation, and Social taker status, work has come to a vir- ing its nose at it. Passing this bill will Security, come into play. tual halt at Blue Grass in Kentucky move us closer to compliance with the We believe every life is precious, and and completely at Pueblo in Colorado. Chemical Weapons Convention. we grieve over the loss of life when it The Department itself has repeatedly In this age of terrorism, our decision- occurs among anyone in our military. determined that the storing of these making processes for handling and dis- But our Appropriations Committee has deadly weapons poses an increasing posing of such horrifying weapons must included this provision to provide spe- danger over time. Yet they now com- be focused and clear. The Department cial recognition for fallen heroes. This plain they will have to jump through of Defense approach to ACWA sites has special recognition is intended for multiple bureaucratic hoops before been neither. those who have died as a result of com- those sites can be up and running I urge our colleagues to support this bat or combat-related situations, such again. By obligating $100 million im- bill. With the passage of section 1115, as training, and in support of the glob- mediately, we can get much-needed you will get accountability and trans- al war against terrorism our Nation is funds moving through the pipeline parency from the Department of De- fighting. again and help jump-start the cleanup fense. You will ensure that the promise The administration and the Depart- efforts at both sites. made to the people of Kentucky is a ment of Defense strongly oppose the My provision will also require the promise fulfilled. Most importantly, recommended expansion of the death Department to provide Congress with a you will protect the safety of hundreds gratuity to cover all deaths of anyone bimonthly accounting, every 2 months, of thousands of Americans. who is in uniform. In fact, a 2004 inde- of the money spent at these sites. This On the other hand, if we do nothing, pendent study requested by the Depart- improved oversight will hopefully shed it will all be left up to DOD. The best ment of Defense concluded that the full some light on the opaque processes at they can be is ‘‘accurate but incor- system of benefits provided to sur- DOD. Perhaps with enough work, we rect.’’ vivors of members who die on active can even find out how to make a budg- Madam President, I suggest the ab- duty is adequate, substantial, and com- et both accurate and correct. sence of a quorum. prehensive. Because safety is paramount, my pro- The PRESIDING OFFICER. The That study did identify a lack of rec- vision will do one more thing. It will clerk will call the roll. ognition for direct sacrifice of life, as

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.024 S13PT1 S3518 CONGRESSIONAL RECORD — SENATE April 13, 2005 provided by the Public Safety Officers’ military pay will be, what their total military compensation policy; this Benefit Act, which pays more than compensation is. There is no misunder- change should be considered by the $267,000 to survivors in recognition of standing about that. In an all-volun- Armed Services and Governmental Af- deaths in performance of duty of law teer force, individuals choose whether fairs Committees which have jurisdic- enforcement officers and firefighters. they serve in the military. Certainly fi- tion over these matters. The Senate supplemental bill provides nancial considerations enter into that Thus, we strongly recommend that this type of recognition for our mili- decision, whether their service be full the Senate hold this authorization tary. time or part time, with an obligation measure for full consideration by the First, if we consider opening the spe- to answer the call of duty when nec- Armed Services and Governmental Af- cial death gratuity for all casualties, essary. fairs Committees. The amendment de- we should also consider the signifi- When Guard and Reserve members serves adequate time for analysis and cance of a retroactive date, as we con- train for mobilization, they understand debate in light of the full system of sidered the concept of trying to cover they are subject to mobilization during military benefits and funding con- all casualties. If the increased death war and national emergencies. The straints. gratuity is provided for all deaths, likelihood of mobilization is evident as I strongly oppose this amendment. there is no longer a direct connection the Department has been mobilizing Mr. BYRD. Mr. President, Senator to the events of 9/11 and the war Guard and Reserve members almost DURBIN’s amendment touches on a crit- against terrorism. continuously for the past 13 years. ical issue: the strains being placed Finally, to increase the death gra- More importantly, this provision upon the National Guard and the Re- tuity to include all deaths would cost would do a disservice to patriotic non- serve by the long deployments to Iraq an additional $300 million in this year Federal reservists who are self-em- and Afghanistan. He correctly points alone, 2005. The total bill for fiscal year ployed, small businessmen, or employ- out that these deployments have re- 2005 would be about $1.1 billion. ees who do not receive such coverage as sulted in a financial crisis for unknown Many of us who served in war in de- proposed by the Durbin amendment. numbers of American families who fense of our Nation—and I am one of In addition, the amendment would have loved ones called to duty, pulled those—believe there is a special signifi- allow mobilized reservists to make sig- out of their civilian careers, and sent cance in the way we have defined death nificantly more than those active-duty half a world away for long periods of gratuity in the Senate bill before us service members whom they join when time. now. We believe it is fully appropriate they are called up to serve in active The amendment pending before the for the problem of recognizing fallen duty. This could be interpreted by Senate would compensate those mem- heroes. some active-duty members to mean bers of the National Guard and the Re- I know this provision is related to that the Federal Government places a serve who suffer a loss of income be- other outpourings of those who have higher value on the service of those cause they are away from their civilian lost life in the September 11 con- people who are called up temporarily jobs—but only if those jobs are with troversy. There is a connection in that than we do on those who are career the Federal Government. The many this provision seeks to recognize sol- military people. The amendment would Guardsmen and Reservists who work in diers who have fallen as a result of the cause a significant equity issue as far the private sector would not be helped actions we have taken as a nation to as the active-duty service members and by the amendment. address 9/11 in the fight against ter- I believe would negatively affect their I am very sympathetic to the plight rorism. I do not believe we should de- morale. of the families of National Guardsmen Requiring the Department of Defense value the most heroic sacrifices of our and Reservists who have found them- and other Federal agencies to pay the men and women in uniform by making selves in dire financial straits because differential salary limits the ability of this cover anyone in uniform. of a long, unexpected deployment that agencies to accommodate staffing Mr. President, I do intend to oppose takes the family breadwinner away shortages through temporary personnel this amendment. from his job. I have heard from fami- actions. Once these people are called I have 5 minutes before 1:45 p.m. lies in West Virginia who could be fac- up, the Department has to hire some- AMENDMENT NO. 356 ing financial ruin because of a soldier’s one temporarily to take their place. Mr. President, I also rise to oppose drop in income due to a protracted, 18- The place is there for them when they the amendment to fill the pay gap month deployment. come back, but they will not have the However, the Congress is approaching when Guard and Reserve are mobilized. ability to have the money available if this problem from the wrong end. The This is the Durbin amendment. This they have to pay this differential. This heart of this matter is not how much emergency supplemental bill is not the issue becomes more significant the Uncle Sam may pay our citizen-sol- proper legislative vehicle to add new longer the period of active duty. benefits without approval of the com- Another concern is that this amend- diers. The problem is that our National mittee of jurisdiction. The Senate ment does not distinguish between Re- Guard and Reserve are being deployed, Armed Services Committee, I am told, servists who volunteer to perform ac- and re-deployed, for such long periods does not support the inclusion of this tive duty and those who are involun- at a time. The United States hasn’t new benefit in our supplemental bill. tarily called to active duty. Reservists sent so many part-time soldiers over- The administration did not request who volunteer for duty can weigh the seas in half a century. In addition to that additional authority, and I am financial impact of such service when causing financial hardships for many told it opposes this amendment. The considering whether to apply for an as- American families, the pace of these proposed amendment, I believe, should signment. deployments is threatening to break be held for debate when the appropriate Finally, Reserve service offers a ro- the back of the National Guard and the committee, such as the Armed Services bust pay and benefits package. With Reserve. Committee, brings the authorization the support of Congress, military pay In 2003, I offered two amendments to bill before the Senate. is now very competitive with pay in limit the deployment and re-deploy- The amendment to this bill would re- the private and public sectors and al- ment of the National Guard and Re- quire Federal agencies to pay any dif- lowances are increasing to minimize serve. Unfortunately, the Senate voted ference between military pay and civil- out-of-pocket expenses. down those amendments, and the ian compensation for employees of the Any changes to Guard and Reserve strains on the National Guard and the Federal Government who either volun- compensation system should be as- Reserve continue and, in some cases, teer or are called to active duty. The sessed for the long term, not just dur- are worsening. Until Congress limits estimate we received from the Congres- ing this current deployment. Questions the excessive deployments of our cit- sional Budget Office is this is an addi- regarding affordability and equity of izen-soldiers, or until our troops start tional cost of $152 million over a 5-year benefits must be carefully weighed and coming home from Iraq, there will con- period. answered before we legislate changes. tinue to be myriad strains on our Reservists and guardsmen know This appropriation bill is not the ap- troops and their families. It is not rea- when they are activated what their propriate legislative vehicle to set sonable to expect the government to

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.026 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3519 compensate our troops and families for he feels, as I do, that companies across women who are risking their lives in each difficulty or strain that this fool- America that stand behind their em- Iraq and Afghanistan, and are asking ish war in Iraq has caused, because our ployees who are activated in the Guard for basic fairness from the Federal national treasure is finite. and Reserve are doing the right and pa- Government. I think this amendment What’s more, I am concerned that triotic thing by making up the dif- is long overdue. the amendment on which the Senate ference in pay between what one is paid For 3 years now, this amendment has will soon vote will have financial con- when they are home and what one is been lost in conference. It passes on sequences for many years down the paid when they are in uniform. They the Senate floor and disappears, and road. Our country is neck deep in red are saying to this soldier: We are with Federal employees activated to serve ink, and Congress must be judicious in you; we are with your family; serve our country wonder what happened. enacting benefits that grow to have a your country and come back to your Well, today we will have a chance with life of their own well after the Senate job; we are proud of you. this rollcall vote to see if we want to has voted. This problem is compounded There is one employer at the top in stand behind these men and women in by the refusal of the President to budg- America that does not do it. It is the uniform. This is an amendment that is et for the costs of the wars in Iraq and Federal Government. The arguments long overdue. Afghanistan. If the White House does are made on the floor today that if we I ask unanimous consent that Sen- not budget for the war, there is no way stand behind these soldiers who are ator SALAZAR of Colorado be added as a to increase revenues or lower other Federal employees, somehow it is a cosponsor. spending in order to balance the budg- poor reflection on the rest of the mili- The PRESIDING OFFICER. Without et. In the coming days of debate on this tary. That is not true. We revere and objection, it is so ordered. emergency supplemental appropria- honor those who serve our country, ac- Mr. DURBIN. I suggest the absence of tions bill, I will offer an amendment on tive military, activated Guard, acti- a quorum, before a vote is called. this crucial point. vated Reserve. Fifty-one percent of the The PRESIDING OFFICER. The Despite these reservations about the activated Guard and Reserve take a cut clerk will call the roll. pending amendment, the bottom line is in pay to serve America. What I am The bill clerk proceeded to call the that the families of many National saying is if one is a Federal employee, roll. Guardsmen and Reservists are experi- for goodness sakes, they ought to have Mr. STEVENS. Mr. President, I ask encing real financial hardships. Al- their salary made whole. Why should unanimous consent that the order for though this amendment will only take they go overseas, worrying about the quorum call be rescinded. care of some of those families, it will whether they are going to get hit by a The PRESIDING OFFICER. Without provide a lifeline to families who are bullet, step on a landmine or hit by a objection, it is so ordered. struggling to make ends meet because rocket-propelled grenade, and whether Mr. STEVENS. Mr. President, I ask of the demands of the war in Iraq. I their spouse can pay the bills at home unanimous consent that we each have 1 commend the Senator from Illinois for for tuition for the kids? Why do we not more minute. his commitment to the National stand behind these soldiers who are The PRESIDING OFFICER. Is there Guard, and I will support him on this serving? We are out there on the objection? amendment. Fourth of July waving our flags, but, Mr. DURBIN. No objection. However, when the Senate next con- for goodness sakes, we have a chance to The PRESIDING OFFICER. Without siders relieving the strains caused by stand behind them today on the Senate objection, it is so ordered. the long deployments of the Guard and floor. It is absolutely shameful that Mr. STEVENS. Mr. President, I wish Reserve, the Senate should not adopt a the Federal Government will not pro- to address the Senator from Illinois be- piecemeal approach. The heart of the vide the same kind of pay protection cause every person the Senator has matter is our open-ended mission in for our activated Guard and Reserve mentioned in connection with Senator Iraq. Unless that matter is addressed that over 900 private businesses, State KERRY’s amendment is covered. All the head-on, Congress will continue to find and local governments, have provided people on an airplane going to combat more and more ways to spend our na- across America. We honor them. are covered. Any training-related com- tion’s scarce treasure. That is not a The Secretary of Defense has a Web bat, they are covered. The question is wise fiscal course. site to honor the fact that they are whether people who stand side by side The PRESIDING OFFICER. The Sen- standing behind the soldiers, but we do with someone in the Pentagon working ator from Illinois. not do it. The Federal Government daily in uniform, a civilian person Mr. DURBIN. Mr. President, I am dis- does not do it. This is our chance to working the same job, whether one appointed that the Senator from Alas- make a difference. should be covered in the event of death ka, who has served the Senate and his Also, on the Kerry amendment, I dis- and the other should not, whether one country so well, now opposes this agree with the Senator from Alaska. should be covered while driving home amendment. When it was last offered To think that if someone is on a troop here in Washington, DC, after drinking on an emergency supplemental bill on plane headed over to Kuwait and, God too much, gets in an automobile acci- October 17, 2003, he joined with 95 of forbid, it crashes, they are entitled to dent, and get the same benefit a fallen our colleagues in voting for this $12,000; however, if they get off the hero gets. I ask the Senator if he would amendment. I think the amendment plane and are killed in combat they consider in connection with his amend- still is a valid amendment. should be entitled to $100,000—I think ment eliminating a request for the Let me explain what the amendment they are heroes in both instances. Sen- yeas and nays and we would be glad to does. Seventeen thousand Federal em- ator KERRY is suggesting we should re- accept that amendment. ployees have been activated into Guard gard them as such. I think his amend- Mr. DURBIN. I say to the Senator, if and Reserve units. They find that when ment is a valid amendment and, yes, it I had not lost this amendment twice in they go into this activated status, they does cost money. It costs money to conference after it passed the Senate, I are receiving less in income than they stand behind our veterans, our soldiers, would agree to that, but I think we were paid by the Federal Government. and their families. That is part of the need a record vote. I do not know what The bill says the Federal agencies they real cost of war. That is why I urge my it takes to finally get this Senate to go worked for will make up the difference colleagues to vote for this amendment. on record and stand by the Senate posi- so as they are serving our country and The amendment I am offering today tion in conference. Twice now we have risking their lives overseas they will passed 96 to 3 when last called. It taken this proposal to conference and have this pay differential, so their fam- passed by a voice vote after that. It has it has disappeared, with the White ilies will be able to keep the mortgage the support of the Reserve Officers As- House or Department of Defense or paid, pay the utility bills, and keep the sociation, the National Guard Associa- somebody opposing it. If we have a family together. tion of the United States, and the En- record vote, I think we have a much The Senator suggests this is going to listed Association of the National better chance to say to the conferees, create some sort of a disadvantage to Guard of the United States. These or- for goodness sakes, the third time, let those in active military, but I am sure ganizations represent the men and us stand up for these men and women.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.032 S13PT1 S3520 CONGRESSIONAL RECORD — SENATE April 13, 2005 I am sorry; I want to insist on the yeas The PRESIDING OFFICER. Without and other specific circumstances, and and nays. I believe that is the only way objection, it is so ordered. decreases over time because of age or a to make it clear where we stand on the The question is on agreeing to the child’s status as a student. issue and to convince the conferees to Durbin amendment. The current Senate bill uses the ad- finally stand for the Senate position if The amendment (No. 356) was agreed ministration’s formula to achieve a it succeeds. to. $500,000 threshold, and includes some Mr. STEVENS. I suggest the absence Mr. COCHRAN. I move to reconsider noncombat deaths, but not all of them. of a quorum. the vote and I move to lay that motion The bill, for example, provides a The PRESIDING OFFICER. The on the table. $100,000 gratuity to survivors of those clerk will call the roll. The motion to lay on the table was killed in training accidents. But it re- The bill clerk proceeded to call the agreed to. tains the current $12,000 gratuity for roll. Mr. COCHRAN. We have under the other types of deaths, such as those Mr. DURBIN. Mr. President, I ask order a vote, now, on two Kerry amend- who collapse during strenuous exercise unanimous consent that the order for ments, Nos. 333 and 334. Is there time or are killed in an accident driving to the quorum call be rescinded. for debate? work. It is distinction without a dif- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Under ference for the family of the service objection, it is so ordered. the previous order, there is 2 minutes member who died. They know only Mr. DURBIN. I ask for the yeas and to be evenly divided on each amend- that their loved one went to work to nays on the pending amendment. ment. help prepare their fellow soldiers, ma- The PRESIDING OFFICER. Is there a Mr. KENNEDY. Mr. President, I am rines, sailors or airmen for battle and sufficient second? delighted to join my colleague in spon- will never return. In today’s military, There is a sufficient second. soring these amendments, which will all jobs and stations are equally impor- The yeas and nays were ordered. increase the death gratuity from tant. $12,000 to $100,000 for all service mem- Mr. STEVENS. I move to table the Our amendment eliminates any dis- bers killed on active duty, and allow Senator’s amendment. tinction between combat and non-com- Mr. COCHRAN. I ask for the yeas and their dependents to continue receiving bat deaths and provides a death gra- nays on the motion to table. the basic housing allowance for a full tuity of $100,000, regardless of where or The PRESIDING OFFICER (Mr. year instead of the 180 days in current how a service member dies. SUNUNU). Is there a sufficient second? law. There appears to be a sufficient sec- All of us support our troops. We obvi- Along with other provisions of the ond. ously want to do all we can to see that bill, the amendment would increase the The question is on agreeing to the they have proper equipment, vehicles, total death benefit to $500,000, depend- motion. and everything else they need to pro- ing on the amount of military life in- The clerk will call the roll. tect their lives as they carry out their surance a person carries. The bill clerk called the roll. missions. But we also need care for the No one can ever put a price on a The result was announced—yeas 39, families of these courageous men and human life, but there is no doubt that nays 61, as follows: women who make the ultimate sac- current levels are unacceptably low. [Rollcall Vote No. 91 Leg.] rifice. It’s also very important to extend YEAS—39 Any service member’s death is tragic, the length of time for surviving widows and children to remain in military Allard DeMint McCain whether in combat overseas or a train- Bennett Ensign McConnell ing accident here in the United States. housing to a full year, either on base or Bond Frist Murkowski They are heroes, not victims. These with housing assistance. Brownback Graham Santorum brave men and women came forward to Currently, surviving spouses and de- Bunning Grassley Sessions Burns Gregg Shelby serve our country knowing what the pendents of military personnel killed Burr Hagel Smith dangers were and knowing the possi- on active duty may continue in their Chambliss Hatch Stevens bilities. They stood tall when the coun- military housing or receive their mili- Coburn Inhofe Sununu Cochran Isakson Talent try needed them. tary housing allowances for up to 180 Cornyn Kyl Thune Their case is a tragedy, and so is the days after the death of their loved one. Craig Lott Vitter void left behind for their loved ones. Their loss is traumatic enough with- Crapo Lugar Voinovich We know what happens when a fam- out the immediate pressure of having NAYS—61 ily is notified of a death. There is a to find a place to live, moving, and dis- Akaka Domenici Mikulski knock on the door. They open the door rupting their life all over again. Ex- Alexander Dorgan Murray and a military officer is standing there tending the length of time for sur- Allen Durbin Nelson (FL) to give them the most dreaded news Baucus Enzi vivors to stay in military housing gives Nelson (NE) they will ever receive. Details are few Bayh Feingold Obama them greater flexibility as they strug- Biden Feinstein Pryor and typically only include the time and gle to deal with what has happened. Bingaman Harkin Reed place of the death, and perhaps some Children will be able to finish the Boxer Hutchison Reid Byrd Inouye brief words on how it happened. A few school year among friends and in famil- Roberts Cantwell Jeffords days later, he provides them a death Rockefeller iar surroundings. Carper Johnson Salazar gratuity check for $12,000 and helps We know we can do much more to Chafee Kennedy them through the process of making Clinton Kerry Sarbanes take care of military families after the Coleman Kohl Schumer the funeral arrangements while the loss of a loved one. We have been com- Collins Landrieu Snowe flag draped coffin is on the way home. placent for too long, and I urge my col- Conrad Lautenberg Specter After the burial, the conversation Corzine Leahy Stabenow leagues to support us in providing this Dayton Levin Thomas turns to additional funds and benefits. much needed and well-deserved relief DeWine Lieberman Warner The topic often has to be pressed by to these courageous and suffering fami- Dodd Lincoln Wyden the officer, because the families, so lies. Dole Martinez burdened, seldom think in terms of Mr. KERRY. Mr. President, point of The motion was rejected. what their benefits might be. They inquiry. Mr. COCHRAN. I move to reconsider slowly realize that instead of having a The PRESIDING OFFICER. The Sen- the vote and I move to lay that motion constant breadwinner for many years, ator from Massachusetts. on the table. they receive only a modest monthly The motion to lay on the table was sum. AMENDMENT NO. 333 agreed to. The burden of combat deaths falls Mr. KERRY. Mr. President, it is my Mr. COCHRAN. The yeas and nays most often on the junior enlisted per- understanding the Senator from Alas- have been ordered on the underlying sonnel, whose average yearly wages ka, or the manager, is prepared to ac- amendment. I ask the yeas and nays be can be as low as $17,000. The actual cept one of the amendments, I think. vitiated. benefit depends on number of children Am I correct?

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.029 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3521 Mr. STEVENS. The Senator is cor- Let me say to our colleagues, you Conrad Jeffords Nelson (NE) Corzine Johnson Obama rect; we are willing to accept the sec- can be driving a car and have a car ac- Craig Kennedy Pryor ond amendment. cident in a combat zone, and you qual- Crapo Kerry Reed Mr. KERRY. Mr. President, that is ify for the upper level. But if you are Dayton Kohl Reid amendment No. 334, which extends the serving on an aircraft carrier or else- DeWine Kyl Roberts Dodd Landrieu Rockefeller period of time that spouses can remain where and you are training personnel, Dorgan Lautenberg Salazar on a base after their spouse has died in and you die from a catapult that falls Durbin Leahy Sarbanes action. or you have an accident, you do not get Ensign Levin Schumer Mr. STEVENS. Mr. President, that is Feingold Lieberman Smith the same benefit, even as you are pre- Feinstein Lincoln Snowe amendment No. 334. paring to send troops to war. Graham Lugar Specter I ask unanimous consent that the That is wrong. We believe you ought Gregg Martinez Stabenow rollcall be vitiated and the Senate to apply it according to the desire of Hagel McCain Sununu Harkin Mikulski Talent adopt that amendment. the uniformed generals, which is to Hutchison Murkowski Thune Mr. KERRY. Amendment No. 333. treat all members of the service the Inouye Murray Vitter Mr. STEVENS. Amendment No. 333? same say. Isakson Nelson (FL) Wyden Mr. KERRY. Mr. President, I ask The PRESIDING OFFICER. The Sen- The motion was rejected. unanimous consent that Senator LIN- ator’s time has expired. Mr. COCHRAN. Mr. President, I move COLN be added as a cosponsor. The Senator from Alaska. to reconsider the vote. The PRESIDING OFFICER. To which Mr. STEVENS. Mr. President, re- Mr. KERRY. I move to lay that mo- amendment? spectfully, the Senator from Massachu- tion on the table. Mr. KERRY. To amendment No. 333 setts is wrong. Those who die in train- The motion to lay on the table was and amendment No. 334. ing or other activities related to com- agreed to. The PRESIDING OFFICER. Without bat are covered by our amendment. We The PRESIDING OFFICER. The objection, it is so ordered. The cospon- sought to recognize fallen heroes from question is on agreeing to the amend- sor will be added to both amendments. the time they enter training for com- ment. Mr. STEVENS. Our records show it is bat to go overseas. They are covered by The amendment (No. 334) was agreed amendment No. 334. our amendment. What this amendment to. Mr. KERRY. Mr. President, there is does is it does not give us the oppor- Mr. COCHRAN. Mr. President, I move confusion. tunity to recognize those who put their to reconsider the vote. Mr. STEVENS. I am corrected; it is lives on the line. We oppose this Mr. KERRY. I move to lay that mo- amendment No. 333. amendment because of that fact. We do tion on the table. The PRESIDING OFFICER. It is the believe there ought to be a distinction. The motion to lay on the table was understanding of the Chair, the amend- agreed to. The Senator’s amendment will mean, ment described by the Senator from Mr. KERRY. Mr. President, I want to if someone right here in this district Massachusetts is—— thank my colleagues for having sup- while in uniform drinks too much and Mr. KERRY. No. 333. ported amendment No. 334 to extend dies while driving home, they are going The PRESIDING OFFICER. No. 333. the $100,000 death gratuity to the sur- to get this gratuity, the same gratuity Mr. KERRY. Thank you. vivors of all who die on active duty. the fallen hero should get. It is wrong The PRESIDING OFFICER. Does the I want the record to show what the to cover anyone in uniform with this Senator from Alaska wish to modify amendment will accomplish and why type of allowance. We have increased his unanimous consent request? what it accomplishes is important. Mr. STEVENS. I have made the mo- the insurance for everyone in uniform. Current law provides $12,000 to all tion we vitiate the rollcall and accept They can buy up to $400,000. But raising members of the military who die on ac- the amendment. this from $12,240 to $100,000—it should tive duty, regardless of circumstance. The PRESIDING OFFICER. No roll- go to those related to combat and in Earlier this year, President Bush pro- call has been ordered at this time. combat. posed increasing the death gratuity to Without objection, amendment No. 333 The PRESIDING OFFICER. The Sen- $100,000 for those who die in Iraq, Af- is agreed to. The motion to reconsider ator’s time has expired. ghanistan, or designated combat zones. is laid upon the table. Mr. STEVENS. Mr. President, I move The supplemental legislation re- The amendment (No. 333) was agreed to table this amendment and ask for ported by the Appropriations Com- to. the yeas and nays. mittee increases the death gratuity to The Senator from Massachusetts. The PRESIDING OFFICER. The yeas $100,000 for those who die in combat AMENDMENT NO. 334 and nays are requested. and those classified under cir- Mr. KERRY. Mr. President, the sec- Is there a sufficient second? cumstances classified as warranting ond amendment is an amendment to There appears to be a sufficient sec- Combat Related Special Compensation, raise the death benefit for those who ond. CRSC, if they had lived. CRSC was a die while in service to our country. The question is on agreeing to the compromise brokered a few years ago Currently, it is $12,000 plus change. We motion. The clerk will call the roll. in lieu of concurrent receipt. Using want to take it up to $100,000. The assistant legislative clerk called CRSC, the $100,000 death gratuity The Senator is going to tell you that the roll. would go to those who die ‘‘as a direct the Pentagon is opposed to this. Sec- The result was announced—yeas 25, result of armed conflict; while engaged retary Rumsfeld is opposed to this. The nays 75, as follows: in hazardous service; in the perform- uniformed leadership at the Pentagon [Rollcall Vote No. 92 Leg.] ance of duty under conditions simu- is overwhelmingly in favor of it. YEAS—25 lating war; or through an instrumen- tality of war.’’ For all others, the Air Force GEN Michael Moseley said: Allard Dole Santorum I believe a death is a death and our service- Bennett Domenici Sessions death gratuity remains $12,000. men and women should be represented that Bond Enzi Shelby My amendment is very simple. It way. Bunning Frist Stevens changes the existing law to say $100,000 Burns Grassley Thomas shall be paid in death gratuity under Army GEN Richard Cody said: Burr Hatch Voinovich It is about service to this country and I Cochran Inhofe Warner all circumstances in which $12,000 is think we need to be very, very careful about Cornyn Lott now paid. It eliminates the provisions [drawing a] distinction. DeMint McConnell in the legislation that distinguish be- And GEN Richard Myers, Chairman NAYS—75 tween the manner and place of deaths. of the Joint Chiefs of Staff, said: Akaka Bingaman Chafee It eliminates any connection to combat Alexander Boxer Chambliss I think a death gratuity that applies to all related special compensation. It does Allen Brownback Clinton not extend the death gratuity to any- service members is preferable to one that’s Baucus Byrd Coburn targeted just to those that might be in a Bayh Cantwell Coleman one who doesn’t already receive the combat zone. Biden Carper Collins $12,000.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.031 S13PT1 S3522 CONGRESSIONAL RECORD — SENATE April 13, 2005 The amendment simply heeds the ad- gency funds to build a detection facil- they are looking for ways to attack our vice of the uniformed leadership of the ity and security fence at Guantanamo country. The last thing we want is for military who said, unambiguously, Bay. I believe we must keep the $40 them to start moving into detention that a death is a death is a death, and million to allow the Department to facilities to try to free prisoners and, Congress should not try to parse them. move forward to make better facilities in the process, harm innocent Ameri- General Richard A. Cody, U.S. Army, at Guantanamo Bay, facilities that are cans or the people who are guarding said: more secure, and facilities that will those prisoners. It is about service to this country and I make operations more efficient, espe- So I ask the Senate to vote this think we need to be very, very careful about cially in the use of guards. amendment down and give the adminis- making this $100,000 decision based upon Currently, there are about 545 detain- tration and the Department of Defense what type of action. I would rather err on ees at Guantanamo Bay. About half of the capability to house these prisoners the side of covering all deaths rather than those are housed in three camps, which in the most efficient way possible and try to make the distinction. are built as temporary facilities. I have certainly in a way that protects Amer- Admiral John B. Nathman, U.S. seen these facilities. Many of us have ican lives to the greatest extent pos- Navy, said: gone to Guantanamo Bay to look at sible. This has been about . . . how do we take them. They are basically walls made of I yield the floor. care of the survivors, the families and the chain-link fences. Of course, there is no The PRESIDING OFFICER. The Sen- children. They can’t make a distinction; I climate control, and there is not very don’t believe we should either. ator from Mississippi. much room for exercise of detainees. Mr. COCHRAN. Mr. President, I do General Michael T. Moseley, U.S. Air Building the more permanent facility not know of any other Senators who in- Force, said: would provide a better, more secure fa- tend to debate this issue. I would like I believe a death is a death and our service- cility, and facilities that are better to put an exclamation point on the men and women should be represented that housing units. way. statement made by the distinguished I think Guantanamo Bay is the per- Senator from Texas though. General William Nyland, U.S. Marine fect place to hold these types of detain- One thing that is clear, if we do not Corps, said: ees, many of whom are dangerous ter- have a permanent facility there, an im- I think we need to understand before we rorists. I do not want these prisoners proved facility, we are going to have to put any distinctions on the great service of moved. I don’t want them moved into keep more U.S. personnel there guard- these wonderful young men and women. . . . facilities in communities in our coun- they are all performing magnificently. I ing and maintaining the security of try, on our shores, where they can pose this facility. If we use the funds the ad- think we have to be very cautious in drawing a danger for our citizens and serve as a distinctions. ministration is requesting, approve the lightning rod for terrorist activity. Al- request the administration has sub- Finally, General Richard Myers, the Qaida has shown that it will try to lib- Chairman of the Joint Chiefs of Staff, mitted to the Congress, then we will be erate—by force if necessary and with able to use a lot of the people who are said: no regard to the loss of innocent lives— I think a death gratuity that applies to all there now for other purposes elsewhere their fellow terrorists. U.S. forces in in the war on terror to help better de- service members is preferable to one that’s Iraq and Afghanistan have weathered targeted just to those that might be in a fend the country and make sure we are combat zone. such attacks and thwarted repeated safeguarding the security interests of violent escape attempts. Recent re- the American people. I also want to note that the practical ports of tunnels, riots, and mortar at- effect of my amendment is identical to This is not to help prisoners have a tacks against detention facilities in better deal, even though the facility the provisions of the House-passed sup- Iraq have been well publicized in the plemental. The underlying bill, H.R. will be more humane and easier to care press. for and to deal with, but it will be more 1268, passed the House on March 16, Do we want to move that to the secure, and it will help us reallocate re- 2005, and in section 1113 it would re- lower 48 States in the United States of sources that will benefit our national quire an equal death gratuity of America? I don’t think so. Having security interests. That is the point. $100,000 for all service members, regard- them on an island, where other ter- This is money well invested. The ad- less of the circumstance and location rorist attempts to free prisoners are ministration is requesting it. Our sub- of their death. Like my amendment, it much less able to be put forth, is the committee chair supports it after re- does not treat one military family dif- exact right place for these prisoners. I viewing the request. So I think the ferently than others. want to make sure that we have the Senate should support the committee Lastly, my amendment has been en- best facilities possible and that we and what it has recommended and re- dorsed by the Enlisted Association of have the permanent facilities on an is- ject the Byrd amendment. the National Guard of the United land in Cuba so that there is not as The PRESIDING OFFICER. Is there States, EANGAUS; the Military Offi- much capability to do harm to inno- further debate on the Byrd amend- cers Association of America, MOAA; cent Americans as there would be if we ment? The Senator from West Virginia. the National Guard Association of the moved those prisoners to places on our United States, NGAUS; the National soil such as Atlanta, GA, or Florida. Mr. BYRD. Mr. President, I suggest Military Family Association, NMFA; The detention facility that would be the absence of a quorum. the Reserve Enlisted Association, REA; built will also reduce the number of re- The PRESIDING OFFICER. The and the Reserve Officers Association, quired personnel. The current facilities clerk will call the roll. ROA. require significant personnel to mon- The assistant legislative clerk pro- I thank my colleagues again for their itor detainees. A permanent facility ceeded to call the roll. support and look forward to working would free 150 of them to perform other Mr. BYRD. Mr. President, I ask unan- with them to hold this mark in con- tasks in the global war on terror. It imous consent that the order for the ference. will be the same for the security fence; quorum call be rescinded. The PRESIDING OFFICER. The Sen- we could free up 196 people who are now The PRESIDING OFFICER. Without ator from Texas is recognized. guarding around the perimeter of objection, it is so ordered. The Senator AMENDMENT NO. 367 Guantanamo Bay. So that is 346 fewer from West Virginia. Mrs. HUTCHISON. Mr. President, I guards that would be needed if we had Mr. BYRD. Mr. President, am I rec- rise to speak against the Byrd amend- the permanent facilities. ognized? ment. It is my understanding that, It is very important that we keep the The PRESIDING OFFICER. The Sen- after I speak and after Senator BYRD $40 million asked for by this adminis- ator from West Virginia is recognized. has a few minutes to respond, we will tration to make better, more perma- Mr. BYRD. I thank the Chair. have a vote on this amendment. nent facilities at Guantanamo Bay. I Mr. President, the Pentagon defends The amendment put forth by Senator want them to stay on that island, not the current facilities for the incarcer- BYRD would take out $40 million re- moved into the United States where we ation of prisoners at Guantanamo as quested by the administration in emer- know terrorists are dwelling, we know being safe, secure, and humane. There

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.035 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3523 is no emergency, unforeseen or other- The yeas and nays have been ordered. (Purpose: To express the sense of the Senate that Congress should not delay enactment wise, that requires the immediate con- The clerk will call the roll. struction of a 220-bed maximum secu- of critical appropriations necessary to en- rity prison to relieve existing defi- The assistant legislative clerk called sure the well-being of the men and women the roll. of the United States Armed Forces fighting ciencies at Guantanamo, and so it is in Iraq and elsewhere around the world, by premature. Mr. DURBIN. I announce that the attempting to conduct a debate about im- That is part of the case I am making, Senator from Minnesota (Mr. DAYTON) migration reform while the supplemental it is premature. Why have this item in and the Senator from Massachusetts appropriations bill is pending on the floor this bill? Why in an emergency supple- (Mr. KENNEDY) are necessarily absent. of the United States Senate) mental bill? It is premature to ask the At the appropriate place, insert the fol- American taxpayers to spend $36 mil- The PRESIDING OFFICER. Are there lowing: lion—it is your money, I say to the any other Senators in the Chamber de- SEC. ll. SENSE OF THE SENATE. taxpayers—to build a permanent max- siring to vote? It is the sense of the Senate that— imum security prison at Guantanamo The result was announced—yeas, 27, (1) our immigration system is badly bro- when the courts have not yet deter- nays 71, as follows: ken, fails to serve the interests of our na- tional security and our national economy, mined the legal status of the detainees [Rollcall Vote No. 93 Leg.] and undermines respect for the rule of law; at Guantanamo or have not determined (2) in a post-9/11 world, national security whether the United States can con- YEAS—27 demands a comprehensive solution to our tinue to hold them indefinitely without Akaka Harkin Mikulski immigration system; charging them with a crime. Baucus Inouye Pryor (3) Congress must engage in a careful and The prison population at Guanta- Biden Jeffords Reed deliberative discussion about the need to namo is steadily declining, down to Boxer Johnson Reid bolster enforcement of, and comprehensively Byrd Kohl Rockefeller reform, our immigration laws; about 540 from a high of 750. The De- Carper Lautenberg Sarbanes partment of Defense reportedly hopes Dorgan Leahy Specter (4) Congress should not short-circuit that discussion by attaching amendments to this to further cut the current population Feingold Levin Stabenow Feinstein Lincoln Wyden supplemental outside of the regular order; by at least half. However, DOD has not and given a firm estimate of how many de- NAYS—71 (5) Congress should not delay the enact- tainees it expects will require long- Alexander DeMint McCain ment of critical appropriations necessary to term incarceration. Allard DeWine McConnell ensure the well-being of the men and women Why all the hurry? The 220-bed prison Allen Dodd Murkowski of the United States Armed Forces fighting is a guesstimate—a guesstimate—not Bayh Dole Murray in Iraq and elsewhere around the world, by Bennett Domenici Nelson (FL) attempting to conduct a debate about immi- an estimate. Bingaman Durbin The Department of Defense has al- Nelson (NE) gration reform while the supplemental ap- Bond Ensign Obama ready built one permanent maximum Brownback Enzi propriations bill is pending on the floor of Roberts the United States Senate. security prison at Guantanamo, a $16 Bunning Frist Salazar Burns Graham Santorum Ms. MIKULSKI. Mr. President, I real- million state-of-the-art facility com- Burr Grassley Schumer ize the Senator from Texas has been pleted less than a year ago that has the Cantwell Gregg Sessions Chafee Hagel recognized to offer his amendment. I capacity to hold 100 prisoners. Shelby Temporary detention facilities at Chambliss Hatch ask unanimous consent I be permitted Clinton Hutchison Smith Guantanamo include several camps in Snowe to offer my amendment after the Coburn Inhofe Cornyn-Feinstein amendment. which prisoners are housed in indi- Cochran Isakson Stevens vidual cells with a toilet and sink in Coleman Kerry Sununu Mr. CORNYN. Reserving the right to Collins Kyl Talent object, I have no objection to that re- each cell, and one camp where detain- Thomas ees who are considered the least dan- Conrad Landrieu quest. I note that Senator FEINSTEIN, Cornyn Lieberman Thune who is also joining me as a cosponsor gerous are housed in 10-man bays with Corzine Lott Vitter all-day access to exercise yards. Craig Lugar Voinovich on this amendment, would like to The Department of Defense contends Crapo Martinez Warner speak following me. Senator ISAKSON that these temporary facilities are would also like to speak. I ask unani- NOT VOTING—2 nearing the end of their useful life, but mous consent they be recognized. the Department does not argue they Dayton Kennedy Ms. MIKULSKI. Withholding the right to object, I have no objection to are unsafe or uninhabitable. The amendment (No. 367) was re- how long you wish to speak on your The U.S. military has many urgent jected. unmet needs, some of which are emer- amendment, Senator. I wanted to be gency status needs. Construction of a Mr. COCHRAN. I move to reconsider sure I got to offer my amendment this second permanent maximum security the vote. afternoon. Mr. CORNYN. I have no objection. prison at Guantanamo is not among Ms. MIKULSKI. I move to lay that The PRESIDING OFFICER. Without these urgent, unmet needs. This is a motion on the table. objection, the amendment of the Sen- decision that should be deferred until The motion to lay on the table was ator from Maryland will be considered the courts have resolved the legal sta- agreed to. after the amendment of the Senator tus of the detainees at Guantanamo from Texas. and until the Defense Department de- The PRESIDING OFFICER. The Sen- Mr. CORNYN. I thank the Senator termines the number of detainees it ex- ator from Texas. from Maryland for working with us. pects to hold in custody for the long AMENDMENT NO. 372 This amendment is a sense of the term. Senate that Congress should not delay What I am saying right now is the re- Mr. CORNYN. Mr. President, I call up enactment of the supplemental appro- quest is premature. Let us wait until my amendment numbered 372, which is priations bill by attempting to conduct the courts do their job. Then we will at the desk. a debate about comprehensive immi- have a picture of what we need to do. The PRESIDING OFFICER. The gration reform at this time. Let us not be premature in spending clerk will report. As I made clear, along with Senator the taxpayers’ money when there are KYL and others on this point, I am for The assistant legislative clerk read too many unanswered questions that comprehensive immigration reform. It as follows: ought to be answered and which in is long overdue. It is something in the time will certainly present us with a The Senator from Texas [Mr. CORNYN] pro- regular order we are going to consider, clear picture of the permanent needs. poses an amendment numbered 372. both in the Subcommittee on Immigra- I thank the Chair and thank all Sen- tion, Border Security, and Citizenship, ators. Mr. CORNYN. I ask unanimous con- which I chair in the Judiciary Com- The PRESIDING OFFICER. Is there sent the reading of the amendment be mittee, but also I have talked with the further debate? If not, the question is dispensed with. chairman of the full Judiciary Com- on agreeing to the amendment. The amendment is as follows: mittee, Senator SPECTER, and he has

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.037 S13PT1 S3524 CONGRESSIONAL RECORD — SENATE April 13, 2005 advised me that once we complete our culated’’—the result likely would be I will bring up the State Criminal work—hopefully in the next couple of that we would slow down and perhaps Alien Program for reauthorization. months—he would give us an expedited bog down this emergency supplemental This is paying back the States for their markup in the full committee. appropriations bill to equip our troops costs of confinement of illegals who On a subject so complex and poten- with what they need. commit felonies and misdemeanors and tially divisive as comprehensive immi- So this resolution suggests, in the go to county jails and State prisons. So gration reform, it is appropriate we last paragraph, that: it will open a long and complicated de- take up this issue as we would most Congress should not delay the enactment bate on the floor of the Senate. We complex issues; that is, by the regular of critical appropriations necessary to en- should not do that. Please. I have sat order. It is particularly important we sure the well-being of the men and women of as a member of the Immigration Sub- the United States Armed Forces fighting in do so in light of the subject matter of Iraq and elsewhere around the world, by at- committee now for 12 years. I come the present legislation in the Senate tempting to conduct a debate about immi- from a big immigration State, the larg- which is an emergency supplemental gration reform while the supplemental ap- est, no doubt about that, in America, a appropriations bill that should be propriations bill is pending on the floor of State with very deep concerns. passed without undue delay so our men the United States Senate. I understand the agricultural labor and women in uniform can get the re- I commend this to all of our col- needs of the States as well as anyone. sources they need, including the equip- leagues. I express my appreciation in And not to be able to have a markup, ment to do the job we have asked them particular to the Senator from Cali- not to be able to make amendments in to do and which they have so hero- fornia, Mrs. FEINSTEIN, for working a committee and present a bill that has ically agreed to do on our behalf in the with us. We both serve on the Judici- been scrubbed, amended, and is ready war on terror. ary Committee and believe this is an for prime time, I believe, is a huge mis- I confess there are many good pro- important issue. But it needs to be take. posals out there with regard to immi- handled in the regular course that So I am very pleased to support the gration reform. The Senator from would not divert us from the imme- Senator’s amendment. I will have an- Maryland has a proposal on H–2B on diate task at hand, which is to make other amendment in due course in this which there will be some agreement; sure our troops have the resources they area as well. some people will agree with it. The dis- need in order to complete the job we I yield the floor. tinguished Senator from Idaho has a have asked them to do on our behalf. The PRESIDING OFFICER. The Sen- bill called the agriculture jobs bill Mr. President, with that, I yield to ator from Idaho is recognized. which will attempt to create a work- the Senator from California. Mr. CRAIG. Mr. President, I stand at force that can work in the agricultural The PRESIDING OFFICER. The Sen- this moment to very cautiously oppose industry. I have some problems with ator from California. the resolution and to express my rea- Mrs. FEINSTEIN. Mr. President, I the details of that bill, but in the main son. I say ‘‘cautiously’’ because of my thank the Senator from Texas for au- it is a well-intentioned effort to try to respect for the Senator from Texas and thoring this sense-of-the-Senate respect for the Senator from California deal with part of this problem. amendment. I am proud to be a cospon- I say ‘‘part of this problem’’ advised- and all of the work they are putting sor. I agree with all the comments he ly. Rather than try to deal with this into immigration and the need for has made. I believe it is a huge mistake issue on a piecemeal basis, it is impor- comprehensive reform. to bypass the Judiciary Committee, to tant we enact comprehensive reform. None of us in the Senate argue about bypass the Immigration Subcommittee For too long we have simply ignored it, but we certainly are willing to talk on bills that are big in their ramifica- the fact our borders are not secure, about it. In fact, we have talked about tions on the United States of America. that once people get past the border If we do that, we will get into a de- it now for 1,201 days since 9/11. Mr. they literally can melt into the land- bate on the floor on the AgJOBS bill. I President, 9/11 was that day of awak- scape. It has resulted in the current think very few people know, for exam- ening when we found out there were untenable proposition that there are ple, that the way the bill is written millions of foreign nationals in our about—no one knows for sure—10 mil- you can have two misdemeanor convic- country without documentation, and lion people who have come into our tions and essentially still get a tem- some of them were here with evil in- country outside of our laws. We need to porary green card. That can be mis- tent. Not many but some. Most are deal with that, particularly in a post- demeanor theft. That can be mis- here and hardworking. September 11 environment, by address- demeanor battery. That can be mis- Tragically enough, because of the ing the security concerns, by restoring demeanor drugs. I will have an amend- character of an obsolete package of im- our reputation in this country as a na- ment to address that. I will take some migration laws, they are living in the tion that believes in and adheres to the time with it. back streets and shadows of America. rule of law but also in a way that is Most people do not know you just They have no rights. They work hard. compassionate and deals with the eco- have to have 100 hours of work in a 12- Many of them take their money back nomic reality involved where approxi- month period. I will have an amend- to their birth country. Some of them mately 6 million of those 10 million ment to address that, and there will be attempt to stay. That is where we are. people are currently in the workforce, other amendments to address that. But We all know that. many performing jobs American citi- this is a very controversial bill that The Senator from California has zens simply do not want to perform. can have a huge impact on the number talked about the numbers. Her State It is not because I disagree with the of people coming across the border. At has a very big problem. I hope we can general intent of immigration reform the very least, it should have a markup get into that debate. that I speak in favor of this resolution, in Judiciary. We should have an oppor- Let me also talk about the timing of which says we ought to take up this tunity to make amendments in Judici- it. I think you are going to see, if it is matter but in the regular course and ary before it comes to the floor of the extended, only those who would want on another day. Senate as an amendment on an appro- to extend the time of this debate. The It is mainly because I do not want to priations bill. issue of the Senator from Maryland is see, nor do I believe any Senator on the There is also the REAL ID bill, which a very small, sensitive, important de- floor or in their office or elsewhere very well may come up. Senator MI- bate. It is very time sensitive. That would want to see us get bogged down KULSKI has an amendment on H–2B. I law should have been in place the first and diverted in an immigration debate am concerned about it because it does of April so the hires could have gone that, frankly, I do not think we are yet not have a cap on the number, and the forth at the first of May. In my State, ready for, and at a time which I think H–2B quota has been reached. I believe the resorts open June 1. It is critical could well damage our long-term pros- it is 66,000. Maryland has some prob- that workforce be in place by June 1. pects at getting comprehensive immi- lems, which are valid problems, I am Comprehensive debate, according to gration reform passed, but particularly sure. But just to open the bill, unless the Senator from Texas, should prob- in a way that is calculated—let me there is a specified number—I think we ably take place late summer, early fall, change that word; it is not ‘‘cal- need to discuss it. when they have finally done their

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.040 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3525 work. I do not criticize them for that. it forthrightly, honestly, and fairly. I easily say it is the sense of the Senate But I must tell you, long before 9/11 I am willing to subject my work to that the Congress should not delay a was looking at the very tragic situa- amendments, if the Senator from Cali- comprehensive immigration reform de- tion of American agriculture. Amer- fornia wants to bring all of the amend- bate which is the reason we have the ican agriculture has admitted openly ments she can. I would hope she would problem today. that they have a very large problem. It target it to those specific two, the I have a great respect for the Senator is quite simple. The Bureau of Labor AgJOBS bill. She is right about mis- from Texas. I understand why this and Statistics will tell you the work- demeanors, but I am only following the amendment has been put together be- force may have as many as, well, 1.6 current Federal law, the current law cause, as the Senator has said, there million workers, and 70 percent of for immigration. I haven’t changed it are a lot of us who have been trying for them are not documented and there- at all. If she doesn’t like it, she will 3 or 4 days to figure out a way to bring fore, by definition, illegal. By surveys bring amendments, and maybe we can about a meaningful debate on com- alone, the workers admit it. Yet we adjust that a little. prehensive immigration reform. I am now say: Gee whiz, we will talk about I have worked with the Senator from taking this opportunity because I want it now. California. I am not disagreeing with to make points not on behalf of the It is too late now. It can’t be done the premise of some of her arguments. Senator from Georgia but on behalf of now. It is time sensitive to the indus- But if she wants to throw the whole the 9 million people in Georgia I rep- try, very time sensitive to the food on baby in with the bath water, then she resent. the shelf of the American consumer, had better be careful because she will Those points are as follows: REAL ID time sensitive to humane support of collapse her agricultural economy if we is not an immigration issue. It is a na- those who toil in our fields. make a misstep. tional security issue. By the time we No, there is never the right time. We are doing something right now get to the end of this debate and the And, oh, about this supplemental, this that is critical to America and to conference, it should be a part of this ‘‘urgent’’ supplemental—I am sorry, I America’s culture. We are trying to package. do not mean to criticize the Senator control our borders. We are trying to No. 2, I have the greatest respect for from Texas—we have been urgently apprehend and deport those in our the Senator from California and the working on this for 2 months. That is country who are illegal. We ought to do Senator from Idaho and the Senator how long ago the President proposed it, that. I have voted for everything along from Texas and the distinguished 2 months ago. We will have this on the the way. But as we work to get all of chairman of the Judiciary Committee, President’s desk by the first of May. this done and clean up the inheritance the Senator from Pennsylvania. I That is when they want it. We do not of the last 20 years of bad law or law wouldn’t disregard for a second the need to debate immigration for 4, 5 that wasn’t enforceable—and we amount of work that has gone into the days unless the Senator from Cali- learned all about it in a post-9/11 envi- comprehensive immigration laws of fornia wants to drag it out. ronment—we have to remember one this country, trying to bring about fun- There will be amendments on the thing: As we do the right things, we damental change. However, as of this floor of the Senate to my bill, and have to do all of it the right way or we date, in the 3 and a half plus years there should be. It is open for amend- will collapse certain segments of Amer- since 9/11, the Congress has done little ment. I would hope I could convince ica’s economy because we destroyed to address some major issues. For a Senators to take it as it is. It has had the workforce that is out there at this second, I would like to address them. hearings before the Judiciary Com- moment, toiling in America’s agricul- As I do, I want you to know I am a mittee. It is well vetted. It has been 8 tural fields or in America’s processing second-generation Swedish American. years in the crafting. Last year, I had plants, working hard to take money Because of this great country, my 509 groups supporting it. This year I home to their children and wives—not grandfather emigrated in 1903 in the will have 600. here, dominantly in Mexico. Some potato famine. My father was born in This issue’s time has come, and it is here. 1916. My grandfather wasn’t natural- time the Senate deal with it openly That is the reality that I bring to the ized until 1926. Because of this Con- and forthrightly. I was willing to step floor, and I am very willing to debate. stitution, I am in the Senate today. I back for a moment. I told the leader so. I hope we can get into that debate later respect the legal immigration process. The leader worked on it but could not on today. I also despise those who tend to judge put that package together. I will be on When you think about the Cornyn- books by covers and categorize people the floor of the Senate later today, Feinstein resolution, that this is not by their ethnicity or their look or say: hopefully, offering my amendment. It the right thing, then when is it? They are an illegal alien. We have de- has been filed at the desk. We can deal Twelve hundred days from now, 1,300, layed so long in dealing with securing with this in a day, unless there are 1,400 days from the day that America our borders, enforcing legal immigra- Senators who want to drag it out by awoke to the problem as America’s tion and seeing to it there are con- throwing in amendments that ought to people were killed and our trade center sequences to bad behavior, the Amer- go in the substantive comprehensive fell and our Pentagon was attacked? ican people have lost confidence in the package that the Senator from Texas, That is the reality. We are doing all government to actually do what the chairing the committee, is working on the right things. We are moving in the Constitution expects us to do. and attempting to do at this moment. right direction. But let’s make sure Think about a few things for a sec- A comprehensive bill? You bet. Rifle that as we do, we do it in a package ond. We have talked about agriculture. shots, targeted? You bet. We have to do that doesn’t start collapsing segments We are spending money enforcing the it now and should do it now—H–2B, H– of our industry or mistreating people adverse effect wage rate on the onion 2A, critical to Americas’s workforce who work hard for themselves and for farms of south Georgia. We are spend- and food supply now, not this fall or the American economy. ing money enforcing a law that actu- this winter or next year. We almost I yield the floor. ally would induce a farmer to think collapsed the raisin industry in the The PRESIDING OFFICER. The Sen- about hiring undocumented workers Central Valley in California last year. ator from Georgia. rather than documented workers be- Why? Because Social Security was Mr. ISAKSON. I thank the Senator cause it is going to cost him $2, $3, or doing its work and checking Social Se- from Texas for allowing me a few mo- $4 an hour more to hire the docu- curity numbers. And 72 percent of them ments to speak about this issue. mented worker, and we don’t have the were mismatches. That is a phrase for If we read the preamble to this pro- enforcement people to enforce our bor- ‘‘illegal.’’ The Senator from California posed amendment, it says it is a sense ders. How in the world can we justify knows it. She has admitted she has a of the Senate that the Congress of the trying to enforce that which induces major problem in the heart of Amer- United States should not delay the ap- the wrong thing to happen? ica’s agricultural food basket. propriation to our men and women in We have seen our health facilities, Shame on us for not having the time harm’s way by having a debate over our educational facilities—I chaired to deal with the problem and deal with immigration policy. It could just as the Georgia Board of Education. I

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.042 S13PT1 S3526 CONGRESSIONAL RECORD — SENATE April 13, 2005 spent more time providing Spanish- up to about 5.5 million people a year would say I can sneak across and get a speaking teachers for our State, and bi- who come into our country under one hundred hours of work, then I can lingual programs, which I am proud of. visa or another. It is an enormous job bring in my family and I will have a I want to educate every one of them. I to look over this whole breadth and green card. It is nirvana. helped write No Child Left Behind. But scope of immigration programs and For my State, it is perhaps dif- as the flood and the flow continues and make the necessary changes. ferent—Texas might be the next State, the suspicion continues that we fail in I think one logical change is if a and then Arizona—in terms of sheer Washington to recognize the crisis we quota of people coming from Mexico is numbers and problems. When the Presi- have in this country, a crisis that is perhaps too small, people have to wait dent proposed his plan, let me tell you causing some of our citizens to take ac- too long; therefore, there is a huge ille- that apprehensions at the border in tions that worry me deeply, it is my re- gal immigration problem. Nonetheless, February went up 14.2 percent; the next sponsibility on the floor of this Senate we are a nation of laws. If we have the month, March, 57.8 percent; April, 79.6 to represent the people of the State of law, we should follow the law. So I am percent. So the call was out there, and Georgia. one who believes reform should be people thought, aha, and they tried to I respect the Senator from Texas and done, but in the name of reform I don’t come across the border to get into the this amendment. I understand why it is believe we should pass a bill quickly on country. The same thing will happen. here. If we get about the business of a an appropriation bill without going That is why it is important that we feeding frenzy, of taking some of the through the necessary steps to adjust figure a way to prevent that from hap- points I have mentioned and the Sen- it and amend it in the committee. pening. I will provide for an adjust- ator from Idaho has, we may delay, but Let me make a point in response to ment of status for people who have somehow, some way we need to send the Senator from Idaho, and I am worked in agricultural labor for a long the American people the clear signal pleased that he is a great expert on time, for a substantial period of time. we get it. We are going to have com- California agriculture. Since he is, he Mr. CRAIG. Will the Senator yield? prehensive reform. We are going to will know that the great bulk of the Mrs. FEINSTEIN. For a nice question have a comprehensive debate, and it is workforce is illegal. That workforce or a mean one? going to be sooner rather than later. has been there for a very long time. I Mr. CRAIG. I have never been mean I will disagree, I am sure, as will oth- would accept a bill that provided for to the Senator from California, nor has ers with me, on where we need to go. some adjustment of a workforce that she to me. She obviously makes very But disagreeing on how we get there had worked in agricultural labor for 3 important points. None of those have and getting there are two different years, that had been in California been disputed and none of them have things. We no longer have the luxury. doing it, could show prior work docu- been dismissed out of hand. California Our States, our school systems, our mentation and be vouched for by em- is a unique situation. Texas is a unique hospitals, our farmworkers, and our ployers. situation. My State of Idaho has a people no longer have the luxury or the According to this bill that we are large number of undocumenteds during patience for us to delay any longer. going to have on the floor—and I as- the year, but it is equal to one county In my State of Georgia, there is an sume people feel it is going to sweep in the Central Valley of California. I old saying: If you want to get the mud through—you only have to work for a understand that. out of the stream, get the hog out of hundred days—that is, 575 hours—in 12 I don’t understand California agri- the spring. Procrastination on dealing months and you are eligible for your culture as well as the Senator from with the delicate and difficult issues of family coming, for a temporary green California, but I spent a good deal of comprehensive immigration reform card; and then if you work another time down there because I work on a have muddied the water in America time, you get a permanent green card. broad variety of issues dealing with and will do great harm if we don’t Well, this is going—mark my words— California and water. California has a hurry up and take the 8, 3, 4, and 6 to be a huge magnet. When I discuss very real problem. The Senator has a years of work that has been done in this with people, they say: There is an right to be concerned and alarmed. Any committees and move forward with eligible date. Look at it here. Do you amendments she would wish to offer comprehensive reform. think people across the border know that are viewed as constructive I will I believe the Senator from Texas is the eligible date? All they know is they take a very hard look at to make sure trying to use this as a foundation for have to be here and work for a hundred that what we do works. that to happen. I understand the Sen- days, so come on over. They come over Yes, we have a January 1, 2005, date. ator from Idaho’s frustration which I and you cannot find them and they I will not get into the details of my have shared. I hope if my remarks con- don’t go home. What happens is the bill. We will debate that. So the rush of tribute anything, it will be to send a numbers build up, the people in south- the border would already have had to message: Regardless of whether we ern California find people camping in occur. But it hasn’t. It has increased agree on the specifics, let us no longer their backyards, in their gullies, and in simply because there is a demand for delay in dealing with the single largest the parks; there is no housing, the workers in this country. domestic issue to the people of the schools are overcrowded, and then peo- If the Senator wants to help me United States and that is comprehen- ple go to the ballot with an initiative. shape that more, I am willing to listen sive immigration reform and rewarding That is what happened in 1994 when to that and see what we can do with legal immigration and getting our proposition 187, unconstitutional as it amendments that deal with the mis- arms around illegal immigration. was, passed. Polls show that if put on demeanor issue she is concerned about I thank the Chair and yield the floor. the ballot today, it would most likely and a time certain. None of us wants to The PRESIDING OFFICER. The Sen- pass again. create a rush at the border. What we ator from California. So I have tried to be constructive. I want to create for California and the Mrs. FEINSTEIN. Mr. President, I have proposed amendments that have rest of the country is a legal workforce wanted to make a brief response, both been rejected by the authors in the that is there, real, and honors those to the Senator from Georgia and the House and the Senate. I am on the Im- here for 3, 4, 5 years, who are married Senator from Idaho. One of the reasons migration Subcommittee. Why do any and have families here. We say: Go why I think it is so difficult to look at of us serve on a subcommittee, then, if back to Mexico, and you may get back a broken immigration system is be- a bill of such enormous dimension— across the border. cause our immigration system is so this could be the largest immigration Mrs. FEINSTEIN. Mr. President, I big. America takes more immigrants in program in history. It could bring mil- think I have the floor. I was waiting its regular immigration quota a year lions of people into this country. The for the question. than other industrialized countries put workers, their spouses, their minor Mr. CRAIG. The question is quite together. children are all permitted. simple: Offer your amendments, and I If you take that and you take all of We should know what we do. Now, a will take a serious look at them. You the other programs, H–1B, H–2B, the L hundred days of work, 575 hours of make very important issues for your visas, and all these other visas, it adds work—if I were on the other side, I State and many other States, and I

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.044 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3527 hope you will do that in a fair and re- does not let it go through Immigration, driving under the influence—there are sponsible way, as you have always been does not let amendments have exposure all kinds of criminal misdemeanors. To on this issue. in committee. say someone who broke the law who Mrs. FEINSTEIN. I thank the Sen- Virtually everybody here who is ar- came here illegally, who was illegally ator. guing is a member of the Judiciary employed, can have two misdemeanors Mr. CHAMBLISS. Will the Senator Committee. That is where we ought to on their record and have a special sta- yield? be debating it instead of on the floor tus is something I do not understand. Mrs. FEINSTEIN. Yes. passing a piece of legislation of which Yet I have implored them for a sub- Mr. CHAMBLISS. Mr. President, I no one—no one—knows the absolute ef- stantial period of time, and they do not happen to agree with her 100 percent. fect. want to change. She is exactly right. Not only are we I yield the floor. If we had a chance to discuss this in going to see a flood of illegals coming The PRESIDING OFFICER (Mr. the Judiciary Committee in a markup, across in greater numbers than what COBURN). The Senator from Arizona. this would be brought out, and we we have today, we are going to see sta- Mr. KYL. Mr. President, before the could debate it back and forth. People tus under the AgJOBS bill, which is Senator yields, may I ask two quick could say why they want it, we could pure and simple amnesty. But you are questions? Will the Senator from Cali- say why we do not think it should be also going to have somewhere between fornia respond? First, the Senator from included, and there would be a vote. At 8 million and 13 million illegal aliens California is the ranking member on least a bill would have been vetted by who are here today having the oppor- the Terrorism and Homeland Security a committee process. tunity to become legalized. Just the Subcommittee of the Judiciary Com- Mr. KYL. Will the Senator from Cali- fact that we don’t know, as the Senator mittee, which I chair; is that correct? fornia yield for another question? has alluded to, how many there are, Mrs. FEINSTEIN. That is correct. Mrs. FEINSTEIN. I will be happy to with the difference being between 8 Mr. KYL. Mr. President, let me ask yield. million and 13 million, that tells you the Senator another question. She Mr. KYL. Under the provisions we how big the problem is. talked about the probability of thou- talked about before, which would at- So I happen to agree with her, and I sands and thousands of illegal immi- tract any number of illegal immi- will simply tell her we are going to grants being attracted to come into the grants—and by the way, that is not a have an alternative—Senator KYL and country who are not here now. The term I throw around negatively be- I—to the AgJOBS when we get to that. Senator from Idaho said we will have a cause they would, in fact, have to say The Senator is exactly on target rel- cutoff date. they were illegal immigrants in order ative to these folks who are going to Was the Senator from California, in to gain entry into the United States. line up at the border. raising that concern—which I believe They would have to say they were Mrs. FEINSTEIN. If I may conclude to be an absolutely legitimate con- working illegally in the United States my discussion, and then I will yield the cern—perhaps talking about section before and now they want to come floor to Senator CRAIG. He mentioned 101(D)(1)(c) of the bill of the Senator back. That is the provision of law raisins. The last time I looked, it took from Idaho which actually invites under which they could actually come 40,000 workers in California to harvest former lawbreakers to return to the back into the United States. the raisin crop in 4 different counties. United States? In other words, illegal Based on the experience of the Sen- Most of these are illegals. Most of immigrants who have formerly worked ator from California with the use of il- these have done it year after year. in U.S. agriculture. legal documentation—Social Security They also go from crop to crop to crop, Mrs. FEINSTEIN. Mr. President, can cards, driver’s licenses, all of the other as we know. the Senator give me a page? items of identification that can be The key is to take care of, in my Mr. KYL. I do not have the page. It is counterfeited—would the Senator have view, the people who are already here a section that permits former immi- a view as to whether this particular and working and are a part of this. The grants, who worked here illegally in provision could be taken advantage of demand for the agricultural jobs comes agriculture but have since returned to by those wishing to commit fraud? Of every time the employer sanctions are their home, to return to our southern course, people already committed fraud carried out. Then suddenly the agricul- border and apply for the special status in this country by coming here ille- tural industry says we are for bringing that is set up in the bill the Senator gally and using those same fraudulent more people in from other countries. I from California described earlier in documents to gain employment in the think we have to find a way to have a order to file a preliminary application first place. Isn’t this one that would workforce that is known, identifiable, for status as temporary permanent engender a lot of fraudulent applica- reasonably and well paid, that can get resident if they appear in designated tions to come back into the United housing, can send their children to ports of entry with an application that States? school, that work in this industry. ‘‘demonstrates prior qualifying em- Mrs. FEINSTEIN. This has been and Probably one-half of the agricultural ployment in the United States,’’ and is today a huge problem. Additionally, workforce—I would say 600,000 work- then could be granted admission to the there is another problem on our south- ers—is illegal. These are the 600,000 United States by the Department of ern border, if the Senator would give who I believe we should be concerned Homeland Security. me a minute, and that is, other than with—not opening the border to bring That is question No. 1. Is that one of Mexicans crossing the border being in more but to find a way that they the areas in which additional illegal picked up illegally. I think it was up to then can become a responsible part of immigrants would be attracted to come 88,000 last year. So it is shooting up. the workforce. That is where I am, be- into this country? And when you ask the Border Patrol cause I admit that is a need. Mrs. FEINSTEIN. Absolutely. Addi- about it, they say this is very difficult This bill does not do that. This bill tionally, this bill gives this special for them to sort it all out because sets up a different program and does temporary green card to people with there is such pressure on the border. not relate to people who have been here two misdemeanors on their record. I The Senator, certainly, in Arizona for years working in agriculture. They have discussed this with the authors in knows that pressure on the border. may be very good citizens. They prob- the House, and they do not want to The fraud of documents is well ably are. Some of them own their amend it. My own view is there should known. One can buy a driver’s license, homes, they have children, they are re- be no misdemeanors. Why should some- a Social Security card fraudulently in sponsible. They have a tough life, true. body who broke a law coming here be places that I know of and have seen it I think this can be handled. But what able to break two more laws and get happening in southern California for has happened is there is a set men- special consideration? We all know $15 or $20. So that is not a big problem. tality that the bill has to be this way misdemeanor laws vary. We know there Mr. KYL. If I can conclude by saying because we have 60 votes, and we are are misdemeanor drug laws, there are to the Senator from California, I think going to keep it this way. That is a misdemeanor battery laws, mis- the proposal she and the Senator from problem and, therefore, that mentality demeanor theft laws, misdemeanor Texas have set forth to put this very

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.046 S13PT1 S3528 CONGRESSIONAL RECORD — SENATE April 13, 2005 important but very complicated discus- that conference committee and face an need to do is deal with it comprehen- sion off and not have this debate on the immigration issue, a very serious im- sively. That is the reason for the reso- bill that helps to fund our war oper- migration issue, a very controversial lution. ations in Iraq and Afghanistan is a one. Mr. DURBIN. I thank the Senator very good proposal which I intend to So the suggestion we not add any im- from Texas. I do apologize. I mentioned support. migration debate to this bill may be a to him a minute or two ago that I was As she knows, I welcome the oppor- good one to expedite it but like it or going to ask a question along these tunity to work with her and also with not we are going to face what I con- lines. I would like to ask Senator my good friend and colleague from sider to be some very onerous provi- CORNYN and Senator FEINSTEIN to con- Idaho, the Senator who is proposing sions of the REAL ID bill which will be sider this. Because if we do not go to the bill, which I would oppose but part of the conference committee re- that next step and say we are not going would hope to be able to work on if we port. If it is appropriate, I will retain to let the House bring in an immigra- have the opportunity to do that out- the floor but ask the Senator from tion provision in conference and tie our side the kind of activity in which we Texas about that particular cir- own hands and not offer important im- are engaged on the supplemental ap- cumstance. Would the Senator from migration provisions in the Senate, propriations bill. Texas be open to modifying his sense of that is unfair. If we are going to make So I do support the proposal of the the Senate resolution in paragraph 4? this an immigration and appropria- Senators from Texas and California In paragraph 4, the Senators from tions bill, then we have some pretty and hope the body will approve it. Texas and California say Congress important issues to consider. Mrs. FEINSTEIN. I thank the Sen- should not short circuit the discussion Senator KENNEDY has an issue with ator very much. of immigration by attaching amend- Senator CRAIG—Senator MIKULSKI, so The PRESIDING OFFICER. The Sen- ments to this supplemental outside of many do. If this conference is going to ator from Illinois. the regular order. be open and the REAL ID provisions Mr. DURBIN. Mr. President, I en- Would the Senator from Texas mod- come rolling out at us, as difficult as it joyed this debate. It has been over 15 ify his resolution to add the following is, as time consuming as it may be, we years since the Senate has had real de- language: Or by including provisions have no recourse but to open the issue bate on immigration. The Simpson- relating to immigration in the con- and open the debate. I yield the floor. Mazzoli bill was the last time the Sen- ference report to this supplemental ap- ate seriously looked at this issue, and The PRESIDING OFFICER. The Sen- propriation bill? ator from Maryland. it took us years to finally come up If the Senator would, then I think Ms. MIKULSKI. Mr. President, reluc- with a bill. We have not seriously ad- what we are saying is we want a clean tantly, I rise to oppose this amend- dressed changes since. bill. By this vote, we are instructing ment, even though I agree with many There have been dramatic changes our conferees to not come back with of the principles expounded in it. No. 1, across America in immigration pat- REAL ID, to not come back with any to my colleagues on the Judiciary terns, the number of people coming in, immigration provision. Committee, the sponsors of this certainly issues of national security. If I understand the predicament Sen- amendment, I too, agree, that our im- there is ever an issue we should address ator MIKULSKI faces in Maryland. Sen- migration system is badly broken. It in comprehensive fashion, it is immi- ator REED of Rhode Island faces a simi- does fail to serve the interests of our gration. lar predicament when it comes to Libe- national security and our national I commend President Bush. We do rian refugees. Senator SCHUMER faces economy. We do need to enact the crit- not see eye to eye on many things, but an emergency situation with victims of ical appropriations bill to support our I commend him for his leadership in volcano on an island who are now going troops and help people who are tsunami suggesting we debate immigration. His to be deported back to tragic cir- victims and some other important as- proposal is not one I embrace in its en- cumstances. pects. At the same time, though, the tirety, but it at least opened the de- The point I am making is we cannot sense of the Senate really should be di- bate. Many were critical of it, some escape the reality immigration is on rected to the House. For someone like lauded it, but at least he had the cour- top of us and coming at us, but if we myself, who has a very serious crisis age to step up and say: Let’s debate it. want this bill—because of its special because of something called the H–2B Now comes the sense-of-the-Senate nature—to be clean, I ask, without visas, which I will explain in more de- resolution that says we have an impor- yielding the floor, if I could, through tail at another time, the fact is this is tant bill before us relative to the war the Chair, if the Senator from Texas our only vehicle. in Iraq, Afghanistan, and tsunami re- would be open to including this lan- Immigration, as an issue, was intro- lief. Senator CORNYN, a Republican of guage in his sense of the Senate resolu- duced in the supplemental appropria- Texas, and Senator FEINSTEIN, a Demo- tion? tion bill in the House of Representa- crat of California, have said this bill Mr. CORNYN. Mr. President, I appre- tives with an enormously controversial should not include immigration provi- ciate the question of the Senator from and prickly concept, the so-called sions. I think they make a compelling Illinois. For purposes of the Senate REAL ID card. I know that my col- argument, an argument which I joined bill, it is absolutely critical, as I think league from Tennessee has proposed with several of my colleagues in mak- the debate has shown so far, we not get some creative solutions to deal with ing to Senator FRIST a few days ago, into other unrelated issues to the war that. I know that others want to talk who cosigned a letter—about 20 of us— supplemental, but we ought to leave it about this. If we can talk about com- to Senator FRIST saying we do not be- up to the conferees. Obviously, we are prehensive immigration reform, I am lieve one specific immigration provi- going to have to deal with the House all for it. But the question is, When are sion should be part of this conference provisions, and that is going to be we going to do it? It has been over 1,000 or this appropriations bill, and that re- worked on in the conference committee days since 9/11, and we have not done lates to the REAL ID. I do not expect to be on. comprehensive immigration reform, For those who have not followed the This is the agreed language Senator nor have we looked at what aspects of debate, the REAL ID is a provision FEINSTEIN and I have been able to come immigration are working. There are adopted in the House of Representa- up with, and it covers the area we have certain aspects that are working in tives which will be part of this appro- some control over; that is, what hap- certain areas of the guest worker pro- priations bill when the House and Sen- pens in the Senate on the Senate’s grams; college students who come from ate come together to decide the final version of the bill. abroad, who work in our country and work product. Certainly, I will want to work with learn in our country and go back home, My concern, I say to Senator CORNYN the Senator from Illinois and all my what a tremendous exercise in public and Senator FEINSTEIN, is that the gar- colleagues to try to make sure we diplomacy the so-called J visas have lic is in the soup. There is no way to enact comprehensive reform. Part of accomplished. take it out at this point. Those of us the problem is we are taking this in a In my own State, the H–2B visa, who may be conferees will walk into rifle-shot fashion when I think what we which allows guest workers to come

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.049 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3529 into this country for seasonal employ- left their mortgages, left their homes, is what the REAL ID Program is. It is ment to take jobs that are certified as left their children, left their jobs. They a national identification card. They not being held by American workers, are dealing with all the issues we have say it is not, but what else is it? We with a mandated return to their own to deal with from half a world away. have taken an ineffective national home, has worked well. It has worked Plus they are being shot at, and some identification card, the driver’s li- so well that the cap is now bursting at of them are being killed. We are slow- cense—I have mine right here. We have the seams. ing it down because we have failed to taken an ineffective national identi- I am all for comprehensive immigra- address one of the single most impor- fication card, and we are trying to turn tion reform, but No. 4 says Congress tant issues facing our country, and so it into an effective one. We know it is should not short circuit the discussion we come up in the middle of a debate ineffective because we know that the by attaching amendments to this sup- about whether to support our troops terrorists in 9/11 all had driver’s li- plemental. We have had no discussion. and say, okay, let us stop for a few censes. I know it because mine expired There is nothing to short circuit. What weeks and argue about immigration. in 2000, and every time I hand it over at we do have is a series of, as Senator For Heaven’s sake, we should pass the airport they never turn it over to DURBIN has said, these rifle-shot crisis the bill to support our troops imme- see if it was renewed to the year 2005. situations. diately. We agree with it. We all sup- We have an ineffective identification It would be wonderful if we could port it. We support them. We all agree card, and the House wants us, without have comprehensive reform. I look for- with it. Then we should get about the going to a single committee, to pass a ward to participating in that com- business of dealing with the point of big unfunded mandate, slow down help prehensive reform. For now, we have to the Senator from Maryland, and the for the troops, and pass an unfunded look at those States that are facing a proposal of the Senator from Idaho, national identification card. That is crisis because of the flawed immigra- and the work Senator KYL and Senator what we are being asked to do here, tion system we have now and for which CORNYN are doing. and I don’t think we should do it. That we are advocating modest and tem- This is a country that is unified by a is not the right way to go about it. porary legislative remedies. few principles, our country, the United I fully support the idea of allowing I salute our colleagues. They have a States of America. We are not unified the Democratic and Republican leader- big job ahead of them. Anybody willing by our race or by our ethnicity or any- ship to agree on a certain time soon to undertake comprehensive immigra- thing else such as that. Among those where we address this massive chal- tion reform needs to be encouraged, principles is the rule of law. We go all lenge to our credibility as a nation, as supported and worked with. We need around the world meddling in other a nation of the rule of law, and where elasticity in this bill to deal with those people’s business, preaching about the we create an immigration system we things related to our economic viabil- rule of law, yet we have 10 to 15 million can be proud of. For me, that means a ity. In many ways, a guest worker pro- people living here who violate the law generous program to allow people to gram that is working needs to be ad- by being here. We should not tolerate come here and work legally, and then dressed, and I hope to offer an amend- that, and we should be embarrassed as we enforce the law. For me, that means ment. a Congress that we have failed to deal we do not have a double system where I yield the floor. with it. we have 500,000 or a million people who The PRESIDING OFFICER. The Sen- This is not a problem Tulsa can deal stand in line to get in, and then we ator from Tennessee. with or Nashville can deal with. This is have another million people who break Mr. ALEXANDER. Mr. President, I a flat out responsibility of the Con- the line to get in. That is not right. know the Senator from Maryland has gress to solve, and we should solve it. We also need to address questions worked hard on this need, as well as We are dumping on the backs of local about whether we are going to con- the Senator from Idaho, and there are communities the cost for schools to tinue to require people who apply for other Senators who feel deeply we educate people who are illegally here. student visas to say when they apply ought to deal with immigration. Most Ten years ago in the schools of south- that they never intend to live here. Of of us have been to Iraq, Kuwait and Af- ern California, a third of the children course, many of them do and we want ghanistan. We know what this bill is in the largest school district in Cali- many of them to. Do we not want the about. This bill is about whether the fornia were here illegally. Somebody brightest scientists in China or India National Guard men and women from has to pay for that. Emergency rooms to come to the University of Alabama Tennessee have sufficient armor when in hospitals have many people there or Tennessee and then stay here and they go into a combat zone. This bill is who are here illegally. That is strain- create jobs to keep our standard of liv- about whether we are going to get ing the budgets of cities and states. ing up? We are getting more competi- some money to the new Palestinian So here we are in the middle of a de- tion from those other countries for Authority in time for them to be a suc- bate about how quickly we can support these bright people. We need to look at cess so we can begin to have the hope our military effort, and somebody over that. Then we need to look at enforce- of peace in the Middle East. This bill is in the House of Representatives at- ment. about whether we are going to fully taches a bill that might make some fund a building in Baghdad for our sense but—No. 1, it slows down our bill But this is not the way to do business thousands of Americans who are there for the troops, and No. 2, it probably here. I strongly support the Cornyn so that they do not have to live in imposes upon states a big unfunded resolution. I do not want to see the trailers and live in a more dangerous Federal mandate which most of the REAL ID legislation or any other im- situation than most Americans outside people on this side of the aisle were migration legislation slow down money of this country live in today in the elected to stop. I mean there are 190 for the troops, put an unfunded man- world. million state driver’s licenses. What date on state and local governments, This bill is about whether our com- the House provision would do is say we and prematurely, without careful, com- bat men and women have rifles that are going to turn the state driver’s li- prehensive consideration, try to deal are sufficiently modern to defend cense examiners into CIA agents so on this floor with one of the greatest themselves. This bill is about whether they can go around and check and see issues we have to face. we have safe trucks. Eight hundred of whether we have any terrorists coming We should pass the Cornyn resolu- them convoy from Kuwait City to in, and then we are going to make tion. We should pass the bill supporting Baghdad every day, carrying supplies them pay for it as well. Here is one the troops. Then we should set aside a to our men and women. This bill is more unfunded mandate. specific time, face up to it, and do our about whether we have helmets for our Then the third thing we are doing, job of reforming the immigration laws. combat men and women. We should not and we have not even considered The PRESIDING OFFICER (Mr. SES- be slowing it down. It is amazing to me through our committees whether this SIONS). The Senator from Oklahoma. that we would slow down a bill to sup- is the best way to do it, is determining Mr. COBURN. Mr. President, I rise to port the men and women in Iraq and if we are going to have in effect a na- speak on this issue because I think we Afghanistan, 40 percent of whom have tional identification card. In fact, that find ourselves fixing the wrong problem

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.051 S13PT1 S3530 CONGRESSIONAL RECORD — SENATE April 13, 2005 again. The real consequence of not hav- fulfill our duty to protect this country. Legal Services.’’ This provision re- ing addressed the immigration prob- When we have troops fighting in Iraq quires free, federally funded legal coun- lems in this country means we have and in Afghanistan and around the rest sel be afforded through the Legal Serv- problems with crops that are not going of the world, and we will not even en- ices Corporation to assist temporary to be harvested because we don’t have force the law when we have the capa- workers in the application process for workers. But the time to do that is bility to do it, we dishonor them. legal permanent residency. That is right after we finish this bill. So this is fixing the wrong problem. right. The bill requires that the tax- The American people as a whole do It is a problem, yes, but it is not the payers pay the bill for these allegedly not want an amnesty program, but real problem. The problem is the bor- temporary workers to apply for legal they will accept an amnesty program if der and controlling the border. I am permanent residency under the bill, we fix the border, and we have not se- convinced the American people are creating a new legal right and a new cured the border. We have not done compassionate and will deal with any right to legal representation for which what we need to do in this body, in the other issue of those who are here and the American taxpayers are going to be House or through the administration, those who want to come here in an or- called on to pay. to enforce the laws of this country. derly fashion, once they have the con- Third, the AgJOBS bill allows farm It is illegal to come here and we fidence that we have the border con- workers who are currently working il- should not reward illegal behavior. But trolled. But we fail to do that at our legally in the United States to cut in you can’t even begin to address that peril, we fail to do that at the peril of line in front of workers who have fol- until you say we are going to enforce the safety of this country, and we fail lowed legal avenues from the start, vio- closing this border for national secu- to do that at the peril of these areas lating the principle the Senator from rity purposes but also for competitive that need specialized help in a short pe- Tennessee articulated so well just a purposes. riod of time. We are going to suffer the few moments ago. We need to have a national debate consequences of that and we should. Next, AgJOBS grants amnesty to as about how many people need to come I yield the floor. many as 3 million illegal aliens who in and supply an effort to our Nation as The PRESIDING OFFICER. The Sen- say they have worked recently in U.S. we grow. All of us in this country are ator from Texas. agriculture, along with their family Mr. CORNYN. Mr. President, I point immigrants except for the Native members. Americans. We would welcome others. out the debate we have been seeing So not only are we talking about a But it has to be done legally. We have here in the last couple of hours to me worker program, we are talking about not done our job as bodies of the legis- proves the point, and that is this is a bringing families and children, which complex, difficult, contentious issue, lature, along with this administration, common sense tells us will decrease but one that, from what I heard over of first securing the border. the likelihood that at any such time in the last couple of hours, we all agree We have a national priority in terms the United States part of this program of our own safety. Yet the politics of needs to be addressed. Indeed, that is what the resolution will indeed be temporary. Indeed, it is securing that border plays into every says. It says Congress must engage in a more likely that they will stay beyond Presidential candidate who is running careful and deliberate discussion about the span of their visa and live here per- today. It becomes a political football. the need to bolster enforcement of and manently. The fact is, for our children we need to One other point: Since virtually all comprehensively reform our immigra- secure that border to make sure we tion laws. That is what the resolution of the special agricultural workers don’t have terrorists coming across. says. granted the one-time-only amnesty en- ‘‘60 Minutes’’ 3 or 4 weeks ago showed I know different Senators have dif- acted in 1986 left agricultural work as a person from Croatia who came across ferent proposals. As I have said, I think soon as they had their green cards on the border illegally, became a legalized the idea is we ought to take up those in hand, AgJOBS puts illegal aliens on citizen after that, and ran guns and ex- the Judiciary Committee in the Sub- the path to U.S. citizenship in a two- ported them throughout our country. committee on Immigration, and we step process. He had access illegally to get here in ought to be able to come up with a bill First, illegal aliens would be granted the first place. That is not what we we can present to the chairman of the temporary residence and indentured for want. Judiciary Committee and other mem- up to 6 years to ensure they continue We need to solve agricultural prob- bers. We can have it marked up. With to work in agriculture in the short lems. I come from an agricultural the help of the majority leader, we can term. Next, once these newly legalized State. But the American people are not get it to the floor of the Senate. aliens are provided records of labor, going to accept an amnesty program, I It would be my hope we can do that they will be granted lawful permanent don’t care how you design it, based on within the next few months. I agree. residence and then U.S. citizenship— any type of emergency, until we fix the We have a serious problem that has amnesty, in a word. obligation we have, which is to control long been neglected in this country, Next, AgJOBS also freezes wage lev- that border. We have the capability to and it cries out for an answer. els for new legal H–2A, nonimmigrant, do it. We have the technology to do it. Lest any of our colleagues think this agricultural workers at the January 2, We have the money to do that and a lot is not a complicated matter, let me 2003, level for 3 years following enact- less of other things if we would do it. If point out some of the matters con- ment. The undocumented worker can we will in fact control that border, tained in the AgJOBS bill alone which then stay in the United States indefi- then we can solve every other problem I think are very controversial. For the nitely while applying for permanent that comes about. benefit of our colleagues who are lis- resident status. They can become citi- There are going to be consequences of tening, this will give them a flavor of zens so long as they work in the agri- not fixing the problems that were out- why I say this is such a complex and cultural sector for 675 hours over the lined by Senator MIKULSKI and Senator contentious issue. next 6 years. Their spouse and minor CRAIG, but rightly so, because we For example, although the AgJOBS children are permitted to accompany haven’t done our job. There are con- bill purports to be a temporary worker them and will also earn legal perma- sequences when we do not do our job. program, it does not have a require- nent residency status. So I support Senator CORNYN’s resolu- ment once people are qualified to work I point that out because, as the Sen- tion fully. We need to come back and in the program that they actually re- ator from Georgia, Mr. CHAMBLISS, said address this. We need to address every turn to their country of origin. I be- earlier, I doubt there are many of our other area, but we have to first recog- lieve this component of a work-and-re- colleagues who understand the content nize that the American people are turn concept is absolutely critical to of this AgJOBS bill. If the Senator counting on us to do what is right in any program we might justly call the from Idaho chooses to offer it as an terms of securing the border. As long temporary worker or guest-worker pro- amendment, we will take up that de- as we continue to ignore that because gram. bate. Senator FEINSTEIN and others it is not politically acceptable in cer- Second, one of the provisions of the may offer some amendments, and I tain circles, then we are not going to AgJOBS bill is entitled ‘‘Eligibility for hear that Senator KYL and Senator

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.054 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3531 CHAMBLISS may have amendments of and some of these involve economic that makes sense. It is something I can their own. Who knows how many other and social policy that impact the im- live with. I believe it would move us amendments may be working out there migration question. forward. related to AgJOBS or maybe a more I believe we can do better. We need to The legislation being proposed, such comprehensive bill to deal with this give serious thought and consideration as AgJOBS, is not good to begin with, issue generally. that we can do much better. We have and I would probably oppose it, but But that makes the point. While we people who want to come here. They more than that it is not the time to are spending time talking about immi- want to do so in the right way. They deal with it. We are just not ready. It gration reform, we are not getting to will be assets to our Nation. We ought is not appropriate. the job that ought to be highest on our to identify those people and try to ac- I urge our colleagues to support this, list of priorities; that is, making sure commodate as many as possible, con- and not only support it but to vote this emergency supplemental appro- sistent with our own national interest. down the amendments that deal with priations bill passes without undue The Senator from Texas mentioned immigration so we can get this bill delay and without getting bogged down what is happening in enforcement done. We will have to deal with immi- in other matters, such as immigration today. It is a nightmare. There was an gration. It is a critical national issue. reform. article this morning in the Washington It is important to our country. We are In the end, I join with all of my col- Times about 13 illegals stopped by the a nation of immigrants. We do not leagues and say it is past time we deal local police officers. They were re- want to stop people from coming here. with immigration problems in this leased on bail. They are asked to show We do have needs in many areas and country comprehensively. We have no up for a hearing on their deportation. sectors of our economy. border security now. We do at the The statistics show, as the Senator I am not sure the Republic is going bridges, but between the bridges it is just said, as much as 80 percent of to fall if we do not have enough custo- come and go almost as you please. those people do not show up. They be- dial helpers in some resort somewhere. While many people come across the come absconders. It makes a mockery I am not sure the Republic is going to border to work, we understand as of the system in many ways. fall if there is not somebody to turn human beings people who have no hope I have some ideas about this issue. I the bedspreads down at night and put a or no opportunity where they live will have some beliefs that local law en- little piece of chocolate on the pillow. do almost anything to be able to pro- forcement has been confused in what In fact, we have a lot of American citi- vide for their family. Be it human their authority is. We ought to encour- zens who do that work dutifully every smugglers or be it self-guided trips age them to be helpful in this area in- day. If they were paid $2 or $3 more an across the Rio Grande or across our stead of discouraging, as the current hour, maybe they would do it; maybe northern border, it is relatively easy to laws today are. there would be more American citizens get into the United States, and the ter- I have done legal research on that prepared to do that work. rorists who know that can exploit that particular question, but this is a De- We grow cotton in my home State of and hurt the American people. fense supplemental bill to fund our sol- Alabama. If we bring twice as much We also know once people get to the diers in the field in combat. It is not cotton into the United States as was interior of the United States, there is the time to debate comprehensively brought in the year before, will we not virtually nonexistent law enforcement. one of the most complex and sensitive drive down the price of cotton, or any We have inadequate detention facilities subjects this country has to deal with. other commodity? along the border, particularly in my That is fundamental. We need to be of the understanding State. They have to let virtually all of The Sensenbrenner language offered that unlimited immigration to meet the detainees, the immigrants who early on on the intelligence bill was every possible need some business per- come across illegally, go on their own not accepted. He was given a promise son says is critical is not the right pol- recognizance and ask them to come he could move it on the first vehicle icy for our country just because they back for a deportation hearing 30 days that came out of the House. This is say it is critical. They have an inter- later. It should be no surprise that in more a national security issue, by far, est. They want cheap labor. We are now some instances 88 percent of them than an immigration bill. It is simply a talking about matters that go beyond don’t show up and simply melt into the tool to create a system by which we this supplemental. landscape—many of them working in can readily identify those who are not I am proud of our soldiers. I have places all across the country doing jobs here legally. been to Iraq and Afghanistan three Americans, perhaps, do not want. It is my observation, having been times. They are performing exceed- But this demonstrates how badly bro- around this Senate now for some years, ingly well. We have a responsibility to ken our immigration system is, our that you can propose and do a lot of support them. This legislation does border security, our interior enforce- things on immigration. Unless you that. It is our responsibility to move it ment, and the reason we need to deal come up with something that works, forward, get it to them, remove this with this comprehensively, not just that has the actual potential to be an uncertainty, make sure the Defense with a Band-Aid. impediment to illegal entry into our Department has what they need to sup- I hope my colleagues will join Sen- country, that is when we start hearing port our troops because we are holding ator FEINSTEIN and me and the others an objection. It seems those proposals their feet to the fire. If they are not who have spoken already in support of never pass. doing what the Defense Department the Cornyn-Feinstein resolution and I am prepared not to offer anything ought to be doing, we are going to be let us have a debate about immigra- on this bill. I am prepared not to de- on them, and we need to give them the tion—comprehensive immigration re- bate on this bill. My opinion is, the resources so we can legitimately com- form. But let us not do it at the time Sensenbrenner language is fine. I am plain if our soldiers are not being ade- when our troops are fighting the war all for it. But we are at this point look- quately supported. We will make a mis- on terror and delay them getting the ing at the potential of a flood of take if we get off that purpose and equipment and the resources they need amendments dealing with immigration move toward a full-fledged debate on in order to do the job they volunteered on a bill that ought to be funding our immigration. so nobly to do on our behalf. soldiers. I support the Cornyn-Feinstein The PRESIDING OFFICER. The Sen- The distinguished Senator from Mis- amendment. ator from Alabama. sissippi who chairs the Appropriations I yield the floor. Mr. SESSIONS. Mr. President, I Committee must be looking in wonder The PRESIDING OFFICER. The Sen- thank the Senator from Texas for his at a bill that is supposed to be funding ator from California. leadership on this issue and for his re- our troops that has now become a mas- Mrs. FEINSTEIN. I ask for the yeas marks, which I share. sive debate on this issue of immigra- and nays on the amendment. We have a problem with immigration tion. It is unfortunate. The PRESIDING OFFICER. Is there a and law enforcement and national se- Senator FEINSTEIN and Senator sufficient second? curity. Some of these are just security CORNYN have agreed on an amendment There is a sufficient second.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.056 S13PT1 S3532 CONGRESSIONAL RECORD — SENATE April 13, 2005 The clerk will call the roll. Yesterday, I presented to the Intel- The PRESIDING OFFICER. The Sen- The legislative clerk called the roll. ligence Committee Ambassador ator from Maryland is recognized. The Mr. DURBIN. I announce that the Negroponte to be the new NID and dis- Chair will enforce order. Senator from Minnesota (Mr. DAYTON) cussed this issue with him. It has be- AMENDMENT NO. 387 is necessarily absent. come somewhat controversial. This Ms. MIKULSKI. Mr. President, I send The PRESIDING OFFICER. Are there amendment I have would restore the my amendment to the desk. any other Senators in the Chamber de- money our committee reduced in the The PRESIDING OFFICER. The siring to vote? line that deals with the NID. It has clerk will report. The result was announced—yeas 61, been cleared. The assistant legislative clerk read nays 38, as follows: I ask unanimous consent that this as follows: [Rollcall Vote No. 94 Leg.] amendment be set aside temporarily so The Senator from Maryland [Ms. MIKUL- YEAS—61 we may consider this amendment. It SKI], for herself, Mr. ALLEN, Mr. LEAHY, Mr. Alexander Domenici Murray has been cleared on both sides. CORZINE, Mr. WARNER, Mr. JEFFORDS, Mr. Allard Ensign Nelson (NE) The PRESIDING OFFICER. Without SARBANES, Mr. DAYTON, Mr. KENNEDY, Ms. Allen Enzi Pryor objection, it is so ordered. LANDRIEU, Mr. REED, Mr. LAUTENBERG, Mr. Bennett Feinstein Reid FEINGOLD, Mr. DORGAN, Mr. KERRY, Mr. Bond Frist Ms. MIKULSKI. Mr. President, I am Roberts CONRAD, Mr. THOMAS, and Mr. STEVENS, pro- Brownback Graham now confused. As a courtesy to the Salazar poses an amendment numbered 387. Bunning Grassley Santorum chairman of the Subcommittee on De- Burns Gregg Schumer fense Appropriations, I yielded to him Ms. MIKULSKI. Mr. President, I ask Burr Hagel Sessions unanimous consent that the reading of Byrd Hatch so he could offer his technical amend- Shelby Cantwell Hutchison ment. Are we now laying my amend- the amendment be dispensed with. Smith Chafee Inhofe ment aside? The PRESIDING OFFICER. Without Chambliss Kyl Specter objection, it is so ordered. Stevens Mr. STEVENS. No. Clinton Landrieu The amendment is as follows: Coburn Lincoln Sununu Ms. MIKULSKI. Where are we? Cochran Lott Talent The PRESIDING OFFICER. The Sen- (Purpose: To revise certain requirements for Coleman Lugar Thomas ator is offering a unanimous consent to H–2B employers and require submission of Collins Martinez Thune set aside your amendment and to bring information regarding H–2B non- Cornyn McCain Vitter immigrants) DeMint McConnell Wyden up his, which has not been done yet. Dole Murkowski Ms. MIKULSKI. Mr. President, I sug- On page 231, between lines 3 and 4, insert the following new title: NAYS—38 gest the absence of a quorum. The PRESIDING OFFICER. The TITLE VII—TEMPORARY WORKERS Akaka Dorgan Levin clerk will call the roll. SEC. 7001. SHORT TITLE. Baucus Durbin Lieberman Bayh Feingold Mikulski The bill clerk proceeded to call the This title may be cited as the ‘‘Save Our Biden Harkin Nelson (FL) roll. Small and Seasonal Businesses Act of 2005’’. Bingaman Inouye Obama Ms. MIKULSKI. Mr. President, I ask SEC. 7002. NUMERICAL LIMITATIONS ON H–2B Boxer Isakson Reed unanimous consent that the order for WORKERS. Carper Jeffords Rockefeller the quorum call be rescinded. (a) IN GENERAL.—Section 214(g) of the Im- Conrad Johnson Sarbanes migration and Nationality Act (8 U.S.C. Corzine Kennedy The PRESIDING OFFICER. Without Snowe Craig Kerry 1184(g)) is amended by adding at the end the Stabenow objection, it is so ordered. Crapo Kohl following: Voinovich Ms. MIKULSKI. Mr. President, in the DeWine Lautenberg ‘‘(9) An alien counted toward the numer- Dodd Leahy Warner interest of following the regular order ical limitations of paragraph (1)(B) during and engaging in senatorial courtesy, NOT VOTING—1 any one of the 3 fiscal years prior to the sub- we really need order. I could not hear mission of a petition for a nonimmigrant Dayton the distinguished Senator and, there- worker described in section The amendment (No. 372) was agreed fore, was concerned that we were hav- 101(a)(15)(H)(ii)(b) may not be counted to- to. ing some slippage in our process. ward such limitation for the fiscal year in which the petition is approved.’’. The PRESIDING OFFICER. Under AMENDMENT NO. 386 the previous order, the Senator from (b) EFFECTIVE DATE.— Mr. STEVENS. Mr. President, I (1) IN GENERAL.—The amendment in sub- Maryland is recognized. thank the Senator from Maryland. I section (a) shall take effect as if enacted on Ms. MIKULSKI. Mr. President, today have a request to set aside the Sen- October 1, 2004, and shall expire on October 1, I rise to offer an amendment. I under- ator’s amendment temporarily while 2006. stand my colleague from California is we consider this amendment which has (2) IMPLEMENTATION.—Not later than the seeking a unanimous consent. been cleared on both sides. It restores date of enactment of this Act, the Secretary Mrs. FEINSTEIN. Yes. If I may, Mr. the original budget request for NID. of Homeland Security shall begin accepting President, I thank the Senator from I offer the amendment on behalf of and processing petitions filed on behalf of aliens described in section 101(a)(15)(H)(ii)(b), Maryland. I ask unanimous consent— myself and the Senator from Hawaii, Ms. MIKULSKI. This is without in a manner consistent with this section and and I ask unanimous consent that the the amendments made by this section. yielding the floor. amendment be brought before the Sen- SEC. 7003. FRAUD PREVENTION AND DETECTION Mrs. FEINSTEIN. Mr. President, I ate, that it be adopted, that the motion FEE. ask unanimous consent to be recog- to reconsider be laid upon the table, (a) IMPOSITION OF FEE.—Section 214(c) of nized following the Senator from Mary- and that we go back to the amendment the Immigration and Nationality Act (8 land for the purpose of offering an of the Senator from Maryland. U.S.C. 1184(c)), as amended by section 426(a) amendment. The PRESIDING OFFICER. Without of division J of the Consolidated Appropria- The PRESIDING OFFICER. Without objection, it is so ordered. tions Act, 2005 (Public Law 108–447), is objection, it is so ordered. amended by adding at the end the following: The clerk will report the amendment. ‘‘(13)(A) In addition to any other fees au- Mr. STEVENS. Will the Senator from The bill clerk read as follows: Maryland yield? thorized by law, the Secretary of Homeland The Senator from Alaska [Mr. STEVENS], Security shall impose a fraud prevention and Ms. MIKULSKI. Yes, without losing for himself and Mr. INOUYE, proposes an detection fee on an employer filing a peti- my floor privileges. amendment numbered 386. tion under paragraph (1) for nonimmigrant Mr. STEVENS. Mr. President, I have The amendment is as follows: workers described in section an amendment at the desk. It is an On page 149, line 10 strike ‘‘$89,300,000’’ and 101(a)(15)(H)(ii)(b). amendment to restore the money for insert ‘‘$250,300,000’’ and on line 11 strike ‘‘(i) The amount of the fee imposed under the initial design of the building for ‘‘$20,000,000’’ and insert ‘‘$181,000,000.’’ subparagraph (A) shall be $150.’’. the National Intelligence Director. The PRESIDING OFFICER. Under (b) USE OF FEES.— (1) FRAUD PREVENTION AND DETECTION AC- When this bill was before our com- the previous order, the amendment is COUNT.—Subsection (v) of section 286 of the mittee, we reduced that amount at the agreed to and the motion to reconsider Immigration and Nationality Act (8 U.S.C. time, but when the budget was pre- is laid upon the table. 1356), as added by section 426(b) of division J sented, there was not a nominee for The amendment (No. 386) was agreed of the Consolidated Appropriations Act, 2005 that office. to. (Public Law 108–447), is amended—

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.058 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3533 (A) in paragraphs (1), (2)(A), (2)(B), (2)(C), (title IV of division C of Public Law 105–277; It temporarily exempts the good actor and (2)(D) by striking ‘‘H1–B and L’’ each 8 U.S.C. 1184 note) is amended— workers—those who do return home after place it appears; (1) by striking ‘‘Attorney General’’ each they have worked a season—from the H–2B (B) in paragraph (1), as amended by sub- place that term appears and inserting ‘‘Sec- cap. Employers apply for and actually name paragraph (A), by striking ‘‘section retary of Homeland Security’’; and those good compliant workers who have 214(c)(12)’’ and inserting ‘‘paragraph (12) or (2) by adding at the end the following new complied with the law, they name them so (13) of section 214(c)’’; subsection: that they are allowed them to reenter for (C) in paragraphs (2)(A)(i) and (2)(B), as ‘‘(d) PROVISION OF INFORMATION.— this temporary period. amended by subparagraph (A), by striking ‘‘(1) QUARTERLY NOTIFICATION.—Beginning It protects against fraud within the H–2B ‘‘(H)(i)’’ each place it appears and inserting not later than March 1, 2006, the Secretary of program. ‘‘(H)(i), (H)(ii), ’’; and Homeland Security shall notify, on a quar- It provides a fair and balanced allocation (D) in paragraph (2)(D), as amended by sub- terly basis, the Committee on the Judiciary for the H–2B visas. paragraph (A), by inserting before the period of the Senate and the Committee on the Ju- And it reports to Congress how the at the end ‘‘or for programs and activities to diciary of House of Representatives of the program is working and where the prevent and detect fraud with respect to pe- number of aliens who during the preceding 1- beneficiaries are. titions under paragraph (1) or (2)(A) of sec- year period— I urge my colleagues to help small tion 214(c) to grant an alien nonimmigrant ‘‘(A) were issued visas or otherwise pro- businesses by passing this amendment vided nonimmigrant status under section status described in section 101(a)(15)(H)(ii)’’. and save these businesses and actually (2) CONFORMING AMENDMENT.—The heading 101(a)(15)(H)(ii)(b) of the Immigration and of such subsection 286 is amended by striking Nationality Act (8 U.S.C. save thousands of American jobs. Thousands of small and seasonal ‘‘H1–B AND L’’. 1101(a)(15)(H)(ii)(b)); or (c) EFFECTIVE DATE.—The amendments ‘‘(B) had such a visa or such status expire businesses are facing a worker shortage made by subsections (a) and (b) shall take ef- or be revoked or otherwise terminated. as we approach the summer. In my fect on October 1, 2005. ‘‘(2) ANNUAL SUBMISSION.—Beginning in fis- home State, this is primarily in the SEC. 7004. SANCTIONS. cal year 2007, the Secretary of Homeland Se- seafood industry. This year, because (a) IN GENERAL.—Section 214(c) of the Im- curity shall submit, on an annual basis, to the cap of 66,000 workers was reached migration and Nationality Act (8 U.S.C. the Committees on the Judiciary of the earlier in the year, my small busi- 1184(c)), as amended by section 3, is further House of Representatives and the Senate— nesses have been effectively shut out. amended by adding at the end the following: ‘‘(A) information on the countries of origin ‘‘(14)(A) If the Secretary of Homeland Se- of, occupations of, and compensation paid to We have had a lot of summer seasonal curity finds, after notice and an opportunity aliens who were issued visas or otherwise business in Maryland on the Eastern for a hearing, a substantial failure to meet provided nonimmigrant status under section Shore and Ocean City, people working any of the conditions of the petition to 101(a)(15)(H)(ii)(b) of the Immigration and on the Chesapeake Bay, and many of admit or otherwise provide status to a non- Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) these businesses use the program year immigrant worker under section during the previous fiscal year; after year. 101(a)(15)(H)(ii)(b) or a willful misrepresenta- ‘‘(B) the number of aliens who had such a First of all, they do hire American tion of a material fact in such petition— visa or such status expire or be revoked or workers. They hire all the American ‘‘(i) the Secretary of Homeland Security otherwise terminated during each month of may, in addition to any other remedy au- workers they can find. But at this time such fiscal year; and of the year, we need additional help to thorized by law, impose such administrative ‘‘(C) the number of aliens who were pro- remedies (including civil monetary penalties vided nonimmigrant status under such sec- meet seasonal demands. Because that in an amount not to exceed $10,000 per viola- tion during both such fiscal year and the pre- cap was reached for the second year in tion) as the Secretary of Homeland Security ceding fiscal year. a row, I might add, these employers are determines to be appropriate; and ‘‘(3) INFORMATION MAINTAINED BY STATE.—If at a disadvantage. They cannot use the ‘‘(ii) the Secretary of Homeland Security the Secretary of Homeland Security deter- program. What will it mean? It will may deny petitions filed with respect to that mines that information maintained by the mean that some of our businesses will employer under section 204 or paragraph (1) Secretary of State is required to make a sub- actually have to close their doors. of this subsection during a period of at least mission described in paragraph (1) or (2), the 1 year but not more than 5 years for aliens to My amendment is supported on both Secretary of State shall provide such infor- sides of the aisle. It does not change be employed by the employer. mation to the Secretary of Homeland Secu- ‘‘(iii) The Secretary of Homeland Security rity upon request.’’. existing requirements for employers. may delegate to the Secretary of Labor, with Employers cannot just turn to the H– Ms. MIKULSKI. Mr. President, today the agreement of the Secretary of Labor, any 2B visa whenever they want. First of I rise to offer an amendment that is of the authority given to the Secretary of all, employers must try vigorously to Homeland Security under subparagraph desperately needed by small and sea- recruit those workers. Then they must (A)(i). sonal business throughout the country. demonstrate to the Department of ‘‘(iv) In determining the level of penalties This amendment is identical to the bi- Labor that they have no U.S. workers to be assessed under subparagraph (A), the partisan bill I introduced in February highest penalties shall be reserved for willful available. Only after that are they al- called Save Our Small and Seasonal failures to meet any of the conditions of the lowed to fill seasonal vacancies with petition that involve harm to United States Business Act. It is designed to be a 2- year temporary solution to the sea- the H–2B visas. workers. The workers they bring in often par- ‘‘(v) In this paragraph, the term ‘substan- sonal worker shortage that many ticipate in the program year after year. tial failure’ means the willful failure to com- coastal States and resort States are They often work for the same compa- ply with the requirements of this section facing. that constitutes a significant deviation from I wish to acknowledge the need for nies. They do not stay in the United the terms and conditions of a petition.’’. comprehensive immigration reform, States and are prohibited by law from (b) EFFECTIVE DATE.—The amendment but right now small and seasonal busi- doing so. They return to their home made by subsection (a) shall take effect on country, to their families, and their October 1, 2005. nesses all over this Nation are in crisis U.S. employer starts all over the fol- SEC. 7005. ALLOCATION OF H–2B VISAS DURING A and need our help. These businesses FISCAL YEAR. need seasonal workers before the sum- lowing year. Section 214(g) of the Immigration and Na- mer begins so they can survive. Let me just say this: Right now in tionality Act (8 U.S.C. 1184(g)), as amended For years, they have relied on some- certain villages in Mexico, there are by section 7002, is further amended by adding thing called the H–2B visa program to many women—mothers and their adult at the end the following new paragraph: meet their needs. This is a temporary daughters, aunts—who are packing ‘‘(j) The numerical limitations of para- their bags. They are ready to come graph (1)(B) shall be allocated for a fiscal guest worker program. But this year year so that the total number of aliens who they cannot get the temporary labor back to Maryland where they have enter the United States pursuant to a visa or they need because they have been shut come before to work in Clayton Sea- other provision of nonimmigrant status out of the H–2B visa program because food or Phillips Crab House, which so under section 101(a)(15)(H)(ii)(b) during the the cap has been reached. This is a pro- many of you have enjoyed in your vis- first 6 months of such fiscal year is not more gram that lets businesses hire tem- its to the bay, or Harrison’s seafood. than 33,000.’’. porary guest workers when no Amer- Some of them have been in business 100 SEC. 7006. SUBMISSION TO CONGRESS OF INFOR- years. Some of them are major employ- MATION REGARDING H–2B NON- ican workers are available. IMMIGRANTS. This amendment modeled after the ers. A lot of college kids work their Section 416 of the American Competitive- Save Our Small and Seasonal Business way through college working at Phil- ness and Workforce Improvement Act of 1998 helps employers by doing four things: lips Seafood, but Phillips Seafood

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.010 S13PT1 S3534 CONGRESSIONAL RECORD — SENATE April 13, 2005 needs these guest workers to help these could not find local workers, they are approximately 6,000 for the sum- kids and to help the restaurant stay turned to the H–2B visa. Since then, mertime. The numbers the Senator has open. that business is open and thriving. are going to be nationwide, so this is These workers are not taking the Each year this program helps the com- very modest based upon the need. The jobs, they are helping American work- pany not only maintain its workforce, final point which the Senator has em- ers keep their jobs and American com- but 75 Americans have good paying phasized, but I think it is very impor- panies keep their doors open and, I full-time jobs in accounting and mar- tant to underline, is these are people might add, to the delight of many of keting and other areas, and it keeps 190 who have been here before, who have you here, to the delight of people who seasonal workers going and 70 farmers gone home and came back and there- enjoy our products, and to the delight who would not have a cannery to go to fore have demonstrated over the course of the people who collect the sales tax, are also able to keep their jobs. of their life that they return back Social Security, and so on from those So that is what my legislation is all home and are in conformity with both American workers. about. It is a quick and simple legisla- the immigration and labor laws that I know we need comprehensive re- tive remedy. It has strong bipartisan exist today. form, but while we are waiting for support. It is realistic. It is specific. It Ms. MIKULSKI. The Senator, again, that, I have a temporary fix. By the is immediate, achievable, and does not has made an accurate assessment. This way, working with my colleagues on exacerbate our immigration problem. bill is only applicable to employers and both sides of the aisle, we looked for Every Member of the Senate who has guest workers who have complied with regulatory relief. We consulted with heard from their constituents, whether the law. If a worker has not been here the Department of Labor and the De- they are seafood processors, before and they have not demonstrated partment of Homeland Security. Sec- landscapers, or other people in resort that they have complied with the law, retary Chao could not have been more areas, know the urgency in their voice. not returned to their home country, gracious, more cooperative, more They know the immediacy of the prob- they would not be eligible. That is why forthcoming, but when it came down to lem. Our companies feel urgency. They I say we need to help American busi- it, her legislative counsel said, you feel immediacy. They feel desperation. ness but keep control of the border. need to change the law. She could not I urge my colleagues to join me in Mr. KENNEDY. I thank the Senator change the regulations on this cap. passing this amendment and keeping for her response and urge my col- What does my amendment do? First, the doors of American companies open leagues to give strong support for her my amendment continues to protect while we also maintain control of our amendment. those American jobs. It is a short-term borders. Ms. MIKULSKI. I thank the Senator fix because it is a 2-year solution. This Mr. KENNEDY. Will the Senator from Massachusetts. Mr. KENNEDY. Mr. President, as amendment will only be in place for 2 yield for a question? many are well aware, the cap in cur- years. So it allows this comprehensive Ms. MIKULSKI. I yield to the Sen- rent law on the number of H–2B visas is reform to go forward. ator from Massachusetts. What it does is exempt returning sea- Mr. KENNEDY. I, first, commend too restrictive, and it’s imposing need- less hardships on many businesses that sonal workers from the cap. That Senator MIKULSKI, and I see the Sen- rely on seasonal workers to meet the means there are no new workers. It ator from Maine, Ms. COLLINS, and oth- heavy demands of the tourism indus- means those people who have worked ers who have been interested in this try. Once again, these small industries before and have gone back home are issue. Am I right that the earlier num- are facing a crisis this summer if the the only ones who would be eligible. In bers by and large have been taken up number of visas isn’t increased imme- other words, in the last 3 years, they primarily by winter tourism? The time diately. Senator MIKULSKI’s timely had to have worked here under the law, for application comes at the time of amendment will provide the much- come in under the law, and returned the year when great numbers are taken needed relief they deserve, and I urge home as the law requires. So it is not up for the winter tourism, which has the Senate to support it. new people. It is not an amnesty pro- happened historically, and what we are For several years in a row, the cap gram. It is an employment program for trying to do with the Senator’s amend- has created a crisis for the tourism in- them and for us. These workers receive ment is to treat the summer tourism dustry in Massachusetts and nation- a visa, and it requires their employers and the summer needs on an even play- wide. Countless small, family-run busi- to list them by name. So in all prob- ing field, as they are in my own State, nesses depend on the ability to hire ability, they will return to the same which are primarily smaller mom-and- more workers for the summer season, employer. Then, at the end of the year, pop stores and some very small hotels and they can’t possibly find enough they will do it all over again. Remem- that need that. So this basically cre- U.S. workers to fill the need. Without ber, the only people eligible are those ates a more even playing field, as I un- this amendment, many of these firms who have used the program in the derstand, between those who would be can’t survive because the seasonal past—the employer and the actual per- taken in the wintertime and those who business is the heart of their operation. son coming in. need the help in the summer, No. 1; am This fiscal year’s allocation of 66,000 I worry about fraud, too. So we have I correct? visas was exhausted just a few months an antifraud fee that ensures that Gov- Ms. MIKULSKI. The Senator from on into the year. Senator MIKULSKI will ernment agencies processing the H–2B Massachusetts has accurately assessed make about 30,000 additional visas visa will get added resources in their what has created the crisis: that given available, and it should be enacted as new sanctions. The bill creates a fair the time of application and when they soon as possible, so that these firms allocation of visas. Some summer busi- want the people to work, the winter can make their plans for the coming nesses lose out because winter employ- needs then take up practically all months. ers get all the visas. This will make the 66,000. We acknowledge our colleagues Obviously, this amendment is only system more fair. We also simplified who do need the winter help, but we temporary relief. It should be achieved the reporting requirements. need their help for the summer help. through comprehensive immigration I could give example after example of You are also correct that my legisla- reform. We all know our immigration businesses that have been impacted. tion would create a more even playing system is broken, and many other re- Clayton Seafood started over a century field between the two and, again, this forms are needed as well. The Nation ago. They work the water of the bay is a temporary legislative remedy needs a new immigration policy that supplying crab, crabmeat, and seafood. while we assess the entire situation of reflects current economic realities, re- It is the oldest working crab processing the need for comprehensive reform, spects family unity and fundamental plant in the world, and by employing 65 how we keep American jobs, how we fairness, and upholds our enduring tra- H–2B visa workers they have been able keep American companies open, and dition as a Nation of immigrants. to retain all of their full-time workers. yet retain control of our borders. Enacting these other reforms will The Friel Cannery, which began its Mr. KENNEDY. Am I correct this is a take time—time we don’t have if we business over 100 years ago, is the last rather modest increase in terms of the want to rescue countless seasonal em- corn cannery left out of 300. When they demand? In my own State, the numbers ployers around the country. Senator

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.081 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3535 MIKULSKI’s proposal provides the im- ployees to keep their businesses run- workers to make $75–$100 dollars in a 7- mediate relief needed to enable em- ning. Many in the seafood industry in hour day shucking oysters, picking ployers counting on H–2B workers to Virginia have come to my office, crabs, or packing the product. Those in keep their doors open this summer, and looked me straight in the eye, and told the seafood industry have told me that I urge my colleagues to support it. me that their businesses are not going despite this earning potential, ‘‘fre- The PRESIDING OFFICER. The Sen- to make it another year if something is quently U.S. workers will work for a ator from Virginia. not done soon. Only through passage of day or two and then never return. It is Mr. WARNER. Mr. President, I rise this amendment can this detrimental difficult to function on the uncertainty in strong support of the amendment of- cycle be interrupted and these busi- of our local work force, but we never fered by my colleague along the Chesa- nesses can be saved. give up on them.’’ peake Bay, Senator MIKULSKI. This Unfortunately, the only real opposi- In addition, the Department of Labor amendment would make minor, tem- tion to this legislation is ‘‘perception.’’ requires H–2B workers and U.S. work- porary changes to the non-immigrant, I have the utmost respect for those in ers to be paid the same wages for the seasonal visa program known as the H– this Chamber that may not fully sup- same work. Additionally, all of the 2B visa program. This program allows port this amendment. Their perception same taxes taken out of a domestic small businesses in the Commonwealth on this matter stems from good prin- worker’s salary are taken out of the of Virginia to hire temporary workers ciples. Illegal immigration has grown H–2B worker’s salary; however, the for non-agricultural jobs. to be a substantial problem in this H–2B worker by regulation are ineli- As many of my colleagues know that country, especially in the area of do- gible to receive any benefits from the for each fiscal year, which starts on mestic security, and I agree that taxes withheld from their paycheck. October 1, there has been a statutory changes must be made to make our pol- The H–2B program encourages illegal limitation on the number of admissions icy work. immigration; or, there’s nothing more to the U.S. under the H–2B visa cat- However, the temporary changes this permanent than a temporary worker, a egory since 1990. In 2004, the statutory amendment proposes does not belong in long review of the management of this cap of 66,000 H–2B visas was reached on the debate on immigration or illegal program reveals otherwise. The em- March 9. This year the H–2B cap was immigration. The H–2B program is a ployers have successfully ensured that reached much earlier on January 3. seasonal, non-immigrant worker visa the workers return to their home coun- As a result of reaching this cap for program. In fact, it may be one of the try. If they do not, employers are not the second year in a row, many busi- last programs we have to provide a able to participate in the program next nesses, mostly summer employers, legal, seasonal workforce for our small year, and neither are the workers. have been unable to obtain the tem- businesses, allowing them to fill the Most consulates in their home coun- porary workers they need because the gaps where domestic workers cannot be tries require the workers to present cap was filled prior to the day they found. themselves personally to prove that could even apply for the visas. Con- More importantly, these changes do they have returned home. sequently, these businesses have and not belong in the immigration debate Believe me, I am a strong supporter will continue to sustain significant because they deal with an economic of efforts to help those Americans who economic losses unless Congress acts. issue. Over 75 percent of net new jobs want to work get the skills they need Our amendment helps fix this prob- in this country come from small busi- to be successful in the workforce. But lem by making common-sense reforms nesses. This amendment proposes these H–2B workers are not taking jobs to our H–2B visa program that will changes to help save our small busi- from Americans, they are filling in the allow our small and seasonal compa- nesses. In many parts of the country, gaps left vacant by Americans that do nies an opportunity to remain open for for every temporary H–2B worker that not want them. Like I have said before, business. is hired, two more full-time domestic this program actually helps to sustain First, the bill would reward good workers are sustained. domestic jobs. workers and employers. Those workers There are some criticisms of this pro- The future success of the H–2B visa who have faithfully abided by the law gram which I am sure some will raise. program rests on the ability of busi- for one of the past 3 years would be ex- Let’s take a moment and examine nesses to participate in it, but right empted from the cap. This exemption some of these mis-perceptions sur- now, many will be denied access to the will help keep together workers and rounding the H–2B program. program for the second year in a row. employers who have had a successful H–2B employers do not do enough to The amendment introduced today helps track record of working together. recruit U.S. workers. They could just fix this problem by focusing on three Second, the bill would make sure pay more. Virginia employers have not main objectives to help make the H–2B that the Government agencies proc- found this to be the case. The Depart- program more effective and more fair. essing the H–2B visas have the re- ment of Homeland Security and the These seasonal businesses just can- sources they need to detect and pre- Department of Labor set stringent not find enough American workers to vent fraud. Starting on October 1, 2005, guidelines on recruitment and wages. meet their business needs. And ulti- employers participating in the pro- First, U.S. employers must prove mately, that is why this program is so gram would pay an additional fee that that they have exhausted all opportu- important. Without Americans to fill would be placed in a Fraud Prevention nities to hire U.S. workers. One H–2B these jobs, these businesses need to be and Detection account. The Depart- employer agent in Virginia, who assists able to participate in the H–2B pro- ments of State, Homeland Security, employers in this process, have told me gram. The current system is not treat- and Labor could use these funds to edu- that they have already spent in excess ing small and seasonal businesses fair- cate and train their employees to pre- of $250,000 on such ads on behalf of its ly and must be reformed if we want vent and detect fraudulent visas. 300 plus clients for the 2005 employ- these employers to stay in business. Finally, the bill would implement a ment season. This was out of over 6,000 I congratulate the distinguished Sen- visa allocation system that would be job openings for 300 plus employers in ator from Maryland for raising this fair for all employers. Half of the 66,000 30 plus States. issue. I have joined her as a cosponsor visas would be reserved for employers Even after this campaign, they only on this amendment. In my some quar- needing workers in the winter and the succeeded in locating and hiring less ter of a century that I have been privi- other half would be reserved for compa- than 50 U.S. workers who expressed an leged to be in the Senate I have nies needing workers for the summer. interest in the H–2B jobs. They were all watched in my State the loss of the This provision would allow both winter hired, but unfortunately, less than half textile industry and the furniture in- employers and summer employers an of these workers started work and even dustry. Peanuts have disappeared, to- equal chance to obtain the workers less completed the entire season. bacco has disappeared, and now the they desperately need. In regard to the seafood industry, seafood industry is disappearing. Without these modifications, these over the past 15 years, Americans have The distinguished Senator from employers will continue to struggle in slowly withdrawn from their work- Maryland and I have paralleled our ca- their efforts to find the necessary em- force. It is common for motivated reers, and my recollection is there used

VerDate Aug 04 2004 05:05 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.011 S13PT1 S3536 CONGRESSIONAL RECORD — SENATE April 13, 2005 to be about 150 oyster-picking and Virginia. These workers are reliable, hard sufficiency of Americans willing to do the crab-picking small businesses in my working, and with excellent work ethics. type of work required for these positions. State. If there is one thing about this Their main purpose is to earn money to im- Generally those who are hired quit within legislation, it is for the small person prove their lives and the lives of their fami- the first week. We have a loyal local work- lies in their country of origin. I pay them as force, but they are getting older and their operator, man and woman. I doubt if I do my other workers, not the minimum I number diminishes each year. there is now more than 40 out of the 150 was told I could, but the top of the pay scale It is critical that you understand that or more picking houses remaining in for the seafood industry. I deduct their taxes without the help of our foreign workers my State, and these folks have come to including Social Security and pay unemploy- Bevans Oyster Company will have to shut see me. They are very quiet when they ment, even though they do not claim it. down and the American workers currently come in. They do not have any high- I sincerely hope that you will continue to employed here will lose their jobs as well. paid lobbyist. They come up them- support the H2 B workers program and to I opened Bevans Oyster Company in 1966 selves. Maybe they take off their over- strengthen the program by increasing the and have owned and operated it myself ever quota. The future of the seafood industry is since. Over the years, my business has con- alls, but by and large they come right dependent entirely on this program. It is im- in the office in a very courteous way tinued to grow. When the need arose for ad- portant that our industry remains strong ditional workers and I could not find reliable and they do not beg for anything. They and healthy for the welfare of the State of help in my area, I turned to the H–2B pro- just want to have an opportunity to re- Virginia. gram to meet my seasonal labor shortfall. main in existence. Most of these small Sincerely, With the help of this program over the past operations have been handed down TOM STEVENS. eight years, my business has grown and from family to family. The other letter is from Bevans Oys- flourished and is now a vital part of the Throughout Virginia, we take great ter Company, Inc., in Kinsale, VA, a Northern Neck community. This business is pride in the Virginia crabcake. We are small community: my life. By suspending the H–2B program, the government is not only preventing me in competition with the Maryland I am Ronald Bevans, President and owner from accessing my employees, it is taking crabcake. Now, I know Marylanders of Bevans Oyster Company. My company re- my livelihood and everything I have worked lies on the Federal H2–B temporary foreign will come over and steal the Virginia so hard to build. crabmeat to put in their crabcakes. I visa program to provide the legal, reliable, seasonal labor which my company needs in The lack of seasonal workers for our fish say to my dear friends, the two Sen- season will have a domino effect on many ators from Maryland, they know that, order to stay in business. We have used this program since 1996 to obtain fish packers other people and industries. Our fish sup- but pretty soon there may not be any from March 1 to December 31. Our workers, pliers will either have to find a new market crabmeat left for the crabcakes from for the most part, return to us each year. for their bait fish or dock their fishing boats. either State to put on their menus. Some of them have been with us since we Our customers, which are located along the Likewise, the oysters have declined, started the program in 1996. entire east coast and along the Gulf from Florida to Texas, who have come to depend but that, I cannot say, is entirely due And on and on it goes. One sentence to this labor situation. It is more be- on us over the years for their bait needs, will in here stands out: suffer from the lack of product, causing their cause of the Chesapeake Bay and the Our seafood business cannot survive with- customers to suffer, and so on. problems we are having with the bal- out the H2–B workers. As you well realize, the Virginia seafood ance of nature. The oysters are dis- Mr. President, I strongly support this industry is located in rural counties and pro- appearing for a variety of reasons, but amendment, and I hope my colleagues vides many needed jobs for U.S. citizens in I will not get into that. Then a number these communities. The loss of Virginia sea- in the Senate will join with me to help of the seafood houses that provide bait food H–2B workers will lead to the loss of the these small and seasonal businesses by for fishing are dependent on these American jobs the seafood industry provides. agreeing to this amendment. workers. I go to extraordinary lengths to ensure I ask unanimous consent to have this I ask my colleagues to listen care- that my workers are legally employed and letter and other letters printed in the fully to two letters that were written that U.S. workers jobs are protected. The RECORD and yield the floor. wages I pay are above the prevailing wage to me, and then I will yield the floor. There being no objection, the mate- for this area and industry. I make sure my The first one is from Cap’n Tom’s Sea- rial was ordered to be printed in the workers are housed in decent, safe, and af- food. He states: RECORD, as follows: fordable housing. These workers have told My name is Tom Stevens, I am owner and me that the opportunity to work in the U.S. operator of Cap’n Tom’s Seafood located in BEVANS OYSTER COMPANY, INC., has improved their quality of life as well as Lancaster County in the Northern Neck of Kinsale, VA, January 6, 2005. that of their families and their home com- Virginia. Hon. JOHN W. WARNER, munities. The money earned and returned to U.S. Senate, By the way, that is one community I their home country is an important con- Washington, DC. tribution to that economy. Workers build have tried to help because those coun- DEAR SENATOR: I am Ronald Bevans, presi- ties have great pride, but they do not homes and educate their children. Without dent and owner of Bevans Oyster Company, the H–2B program, they would never realize have as strong an economy as they Inc. My company relies on the federal H–2B these dreams. temporary foreign visa program to provide once did. He continues: My company desperately needs some type the legal, reliable, seasonal labor which my I’m located less than 30 minutes from busi- of relief from this cap. I don’t know all the company needs in order to stay in business. nesses like The Tides Inn, Indian Creek answers. All I know is that we need our We have used this program since 1996 to ob- Yacht Club and Windmill Point. These busi- workers, and they need us. Please keep the tain fish packers from March 1 to December ness are large consumers of seafood. I also H–2B program operating until a comprehen- 31. Our workers, for the most part, return to have many customers in the Richmond area. sive solution to the immigration issue is us each year. Some of them have been with When I opened my plant, for years I tried reached. Thank you for your consideration of us since we started utilizing the program in to operate using local help. However, it has this request. 1996. become much harder to operate. Not only is Sincerely, the local force scarce and unreliable, but the This year we requested 110 workers. Our RONALD W. BEVANS. younger generation is not interested, in filing agent, Mid-Atlantic Solutions, tells us learning the trade. On holidays, such as that our application is still at the U.S. De- Thanksgiving and Christmas when oysters partment of Labor awaiting certification to LITTLE RIVER SEAFOOD, INC., are in demand, shuckers are nowhere to be be used for the next step of the approval Reedville, VA, March 24, 2005. found. process. Although our application was filed To: Mr. John Frierson. As you are aware, in this business, oysters as early as legally possible, it did not get to From: J. Gregory Lewis. must be shucked and crabs must be picked the Citizenship and Immigration Service Re: H–2B Program. soon after they arrive. I have tried to get (CIS) before the H–2B statutory cap of 66,000 DEAR MR. FRIERSON: Thank you for your local help by advertising in the local news- annual visas was met. Consequently, we will phone call yesterday regarding the H–2B pro- papers and through the employment agency be unable to employ our H–2B seasonal work- gram and our needs as an employer of immi- without success. I finally got help through force. grant workers. This program has enabled us the H2 B workers program. Our seafood business cannot survive with- to meet our seasonable labor needs for many Speaking for myself and several others in out the H–2B workers. years. Our seasonal jobs, (crab picking, crab the industry, we could not operate our busi- I make every effort to hire American work- packing, etc.), are manual, repetitive tasks— nesses if it weren’t for the H2 B program. I ers for these positions, and have Americans unskilled labor. can not emphasize enough how important working here wherever possible. However, Regarding our questions about payment to this program is for the seafood industry of our experience has been that there is an in- these laborers, when Little River Seafood,

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.085 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3537 Inc., hires an employee, that person, local or with the same crisis, and congressional ac- The PRESIDING OFFICER. The Sen- immigrant, completes the necessary W–4 fed- tion is required to keep those institutions ator from Maryland. eral withholding form and the State of Vir- whole. The H2–B program was created to ac- Mr. SARBANES. Mr. President, first ginia withholding form. We withhold the re- complish the work not being done in this of all, if I could just say preliminarily, quired social security tax, and federal and country because of unavailability of the do- state taxes on all employees. In addition, we mestic work force to meet the needs of our in order not to split the united front in pay the employer’s share of social security work place. support of this amendment, I am not tax and pay the federal and state unemploy- Taking away the employees we have going to get into a debate between the ment taxes. trained and become dependent upon through quality of the Virginia crabcake and Though our pickers are guaranteed a wage this program is like sabotage. This cannot the Maryland crabcake, although I of $5.25 per hour, which is the prevailing and must not happen to the many small must note it is the Maryland crabcake wage, they are paid by the ‘‘piece rate’’ per companies like Graham & Rollins affected by that has always held preeminence in pound of crabmeat. Most pickers end up the reduction of the visa cap. I trust and earning between $7 and $9+ per hour depend- hope you are in agreement and will expedite that discussion. ing upon how quickly they learn, their level congressional action to accomplish exempt- Mr. WARNER. Mr. President, I object of ability, and ultimately, their produc- ing the returning H2–B workers or raising to that statement. tivity. All pickers, immigrant or local, are the cap. Please let us know as soon as pos- Mr. SARBANES. I commend my col- paid in the same way. sible if you are supportive of this request and league from Maryland for a very inno- As our older local employees have retired, if we can help by contacting our other rep- vative and carefully reasoned response the younger locals do not seek employment resentation. to a crisis situation. This is a clear ex- in this field. Because we are stabilized by the Sincerely, ample of legislative craftsmanship that use of legally documented H–28 seasonal JOHN B. GRAHAM, Sr. workers, we are able to continue in the crab addresses the issue and does it in a way processing business, make crab purchases R&W MARINE CONSTRUCTION, INC., that does not open up a lot of unin- from our local watermen (some of whom are Cobbs Creek, VA, March 29, 2005. tended consequences or other possibili- students), and keep our local workers em- Hon. JOHN W. WARNER, ties. It does not constitute any major ployed, some on a year-round basis. Without U.S. Senate, restructuring of the immigration laws the H–2B employees, our ability to stay in Washington, DC. or anything of that sort. This is really business, keep our local workers employed, R&W Marine Construction, Inc. has been an effort in a very focused, almost and contribute to the economy would be se- operating in Virginia for 38 years as a small laser-like way, to address this specific verely jeopardized. construction business specializing in marine Regarding your questions as to recruit- construction and excavation. We engage in problem. ment of employees, Little River Seafood ad- heavy construction consisting of building The problem is the following: Under vertises each year, prior to the crabbing sea- piers, bulkheads, riprap (stone) installation the administrative set up, an employer son, in our local newspapers. Response to along shorelines and landscaping work. This cannot seek an H–2B visa until within these advertisements has been minimal. Our type of work is not easy and requires hard 120 days of when it would be used or ex- local Virginia Employment Commission is physical labor. ercised. That means that people who made aware of our employee needs, and of Over the years of operating my business, I need summer employees cannot come have continuously dealt with labor problems. course, because we are in a small, rural com- in right at the beginning of the year to munity, these needs are also spread by word- It is very difficult to hire domestic workers of-mouth. Local response is almost nil. We that are dependable, reliable and are willing seek the H–2B visas. What happened, of have employed a few students during the to do this type of work. I have hired some ex- course, this year is people in the ear- summer for miscellaneous jobs around the cellent supervisors over the years but they lier part of the year—the winter people plant, and, as mentioned, we do make crab can not work without the laborers. We have in a sense—came in, and used up all of purchases from students that are crabbers frequently advertised in the local and re- the 66,000 visas that were available so learning the business. gional newspapers and also contacted the people who have relied on this program We certainly appreciate your phone call employment agencies for job referrals. We over the years to carry out their busi- and your interest in learning more about the pay competitive rates and offer benefits to necessity of keeping the H–2B program in ef- all domestic workers. We accept employment nesses were shut out altogether. Of fect allowing countless small businesses in applications year round and only receive a course, that raises very dire prospects the United States to remain in business and very small quantity. Most of these appli- for the operation of these small busi- continue to contribute to the economy. cants will not accept a labor position or are nesses all across the country. Please let us know if we can provide you not suitable for this line of work. R&W Ma- We have underscored the crisis con- with further information. rine also recruits students for summer time fronting the seafood business in Mary- J. GREGORY LEWIS, positions. land and Virginia, but innkeepers in President. We were introduced and participated in the Maine, hotel operators in Florida, and H2B Program in 2000. It has been very suc- GRAHAM & ROLLINS, INC., cessful to the livelihood of my business and businesses all across the country con- Hampton, VA, January 12, 2005. has created the workforce needed to meet front similar problems with respect to Hon. JOHN W. WARNER, the work demand. The pay rates for the H2B being able to bring in these H–2B visa U.S. Senate, workers are specified by the U.S. Depart- workers. Washington, DC. ment of Labor. The wages are subject to all This amendment maintains all the DEAR SENATOR WARNER, I am in receipt of state and federal taxes. These workers arrive requirements that existed previously. your letter dated January 10, 2005. con- in the spring and return to their country In other words, the employers must cerning H2–B workers for Graham & Rollins, within 10 months of their arrival. They al- still demonstrate they have sought to Inc. My two sons and I appreciate your time- ways return home within this time frame. I ly action in pursuit of reconsideration of our have never had a problem with a worker not find American workers for these jobs. petition, however painful, it apparently is abiding by the immigration policies. R&W That is a current requirement. That is not to be. It is a shame that a small fourth Marine has had many of the same workers maintained in this amendment. generation family business must vanish be- return consecutively for the past 5 years and These employers, some of them, have cause our government has become so imper- are all legal workers. made extraordinary efforts to do that, sonal to communicate a simple omission of If businesses are not able to acquire the visiting college campuses, attending just two names before closing the door and number of H2B workers needed to operate job fairs, exploring every possible way rejecting our petition irrespectively of the their business, they may be forced to hire il- they can find workers. Many have gone consequence from such an act. We have ex- legal workers. This will increase the prob- amined all options to save the company con- lems for the Immigration Service of keeping well beyond what I think has been pre- cluding that we must by June or July obtain up with who will be entering the U.S. and the viously required in terms of meeting the Mexican H2–B skilled laborers we have security of our country. Also, if businesses that requirement. But, they have not trained over the years. As a final act towards are forced to shut down or minimize their been able to find the workers. They this object, we ask if you would consider services they provide to the public, there need these H–2B workers. sponsoring a bill similar in nature to the one may be a significant reduction in our Amer- What my colleague, Senator MIKUL- you introduced last year exempting return- ican domestic workforce. SKI, has done—I think in a very meas- ing H2–B visa holders (beneficiaries/workers) I thank you for your time and consider- ured way—is, if you previously brought from the annual FY 66,000 H2–B program cap, ation in this matter. Please continue to gain or raising the cap to accommodate the needs support for the H.R. 793, the H2B cap fix bill. in an H–2B worker and that worker has of entitled businesses that have been left Sincerely yours, then gone back at the end of the lim- out. We have reason to believe there are RICHARD E. CALLIS, ited time during which they were per- many small businesses such as our own faced President/Owner. mitted to come into the country to do

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.031 S13PT1 S3538 CONGRESSIONAL RECORD — SENATE April 13, 2005 the job, you can, despite the fact we I again commend my colleague for and on and on. In other words, it has have now bumped up against the ceil- very carefully working out an amend- some safety checks in it, but it rewards ing, bring that worker or workers that ment. I know how much he has con- those who play by the rules—and most helped you meet your employment sit- sulted with people in the administra- do. They come, they work, they go uation back in. No new worker would tion and colleagues here in the Senate. home. come into the country under this pro- I very much hope this body will adopt That is not only ideal for our coun- vision who had not been here before as this amendment. try, it is ideal for these foreign nation- part of this H–2B program. So, in ef- I yield the floor. als who can benefit themselves and fect, you are saying to someone: Look, The PRESIDING OFFICER. The Sen- their families by coming here to work you have come for the last 2 or 3 years ator from Idaho. for a salary that is, of course, better as part of this program, so it is going Mr. CRAIG. Mr. President, I will be than the salary they can earn in their to be available to you to come again. brief, but at the same time I think own home country and working in con- And you say to the employer seeking what we have all said is very important ditions that meet all of the standards to bring them, you can bring back that to this issue. The H–2B class of workers of our labor laws in this country. That workforce in order to meet your work is a critical component to not just the is fundamentally what is so important. situation. seafood industry of our coasts but to My conclusion is simply this: This In that sense, it is not an expansion the resort industry of our country. For amendment provides a fair and bal- of the general availability of the pro- any of you who have ever skied in the anced allocation system for H–2B visas. gram. You are not broadening who can West and met this nice young lady or Currently, many summer employees partake of it. You must have pre- man who speaks with a Norwegian lose out as winter employers tend to be viously participated in the program in brogue and they are helping you up and the first in line for the B’s. That was order to be able to come in again. I down the ski lift, my guess is they are already expressed, both by the Senator think that is a very innovative way to class 2B. If you have met a young man from Massachusetts and by others who address the situation. It will enable or woman waiting on tables at a resort, have spoken on this issue. these small businesses to function. possibly in Sun Valley, ID, they are a I strongly support the amendment. It It is important to recognize that it is class 2B. The reason they are there is is the right time. It needs to be done. not the functioning of the particular because they come, they build a stable We simply cannot wait. This is an issue business involved, but it is the func- presence, they are there for the period that is very time sensitive. We can’t tioning of other businesses, dependent of time our resort hospitality indus- wait until October to hire folks who upon the particular business that needs tries need them, and it is most impor- are needed the first of May. these workers, that will be affected tant that we have them. I hope that we move it quickly most. If you cannot do the processing Both Senators from Maryland have through the Congress and get it to the of the seafood, then the people down already talked about the dynamics of President’s desk. the line who depend on getting that first that employer must seek domestic Mr. SARBANES. Mr. President, will seafood in order to do their business workers, U.S. citizens, and when that the Senator yield? are going to be adversely affected as labor supply is exhausted they must Mr. CRAIG. I yield briefly, yes. well. So there is a ripple effect that seek elsewhere because they simply Mr. SARBANES. The Senator made goes out through the economy which need that workforce. They come, they the point that this addresses those raises the threat of having a substan- stay, they go home. It is a program workers who have played by the rules. tial economic impact, at least in some that works well. In other words, they have come, they areas of the country. I am going to be on the floor later de- I also want to underscore the amend- have worked, and gone back. They have bating another program that doesn’t ment, as I understand it—and my col- met all of the requirements. Of course, work well: H–2A. The reason it league can correct me if this is not so— they pay taxes while they are here. We maintains all of the existing penalties doesn’t—and it used to years ago in the know they are here. They are followed that would apply to an employer who 1950s; identified the worker and the and documented. might misrepresent any statement on work necessary and the employer. We But I want to add a dimension: It their H–2B petition. In other words, had nearly 500,000 in those days of H– also addresses the employers who have employers would still be held respon- 2A, known only then as the Bracero played by the rules by seeking to get sible in terms of how they conducted Program. It was out of the great wis- their workers through the system le- their effort. As I mentioned earlier, dom of the Congress, and it has not gally. they are required to go through all of worked since. This one works. Mr. President, I will read from the the necessary measures to ensure they But what the Senator from Maryland article in the Baltimore Sun: have not been able to find available, is doing is bumping up the cap a little Despite their frustration, the owners say qualified U.S. citizens to fill these jobs bit. Why? Because we have a growing they will not turn to an obvious alternative before they file an H–2B visa applica- economy, and we have a growing need. work force. ‘‘I am not going to hire illegals,’’ It isn’t a static workforce; it is a dy- said one of the owners. ‘‘It is against the tion. law.’’ This amendment is limited in time. namic workforce—whether it is the It is limited in scope, but it would ad- seafood industry, whether it is the hos- He made the point that they have dress the current crisis situation. It pitality industry, or whether it is a done everything legally. This H–2B pro- might not totally address it, but we are stone quarry mining semiprecious gram is a win-win situation. The work- confident it would do so sufficiently to stones in the State of Idaho to be pol- ers pay taxes, the Government knows enable most, if not all, of these busi- ished and placed in the countertops of who they are, and they get checked at nesses to carry out their functions. high-end kitchens of new homes across the border. So you have employers who I think it does not raise larger ques- America. That is the diversity of this want to play by the rules and employ- tions and, therefore, because it has particular workforce. ees who have played by the rules. This been very carefully developed, I think She has identified it. She has recog- amendment focuses on them and gives it constitutes an appropriate response nized it. It is a cap of 65,000. The cap them a solution to a very pressing to the situation we are now con- for 2005 was reached on the first day of problem. fronting. I urge my colleagues to sup- the fiscal year. That not only speaks to Mr. CRAIG. I thank the Senator from port this amendment. It does the job. the need but it speaks to the reality of Maryland for bringing that up. What he It does it in a very direct and focused the problem. demonstrates by that statement is a way, and it will enable us to work The amendment is very specific. This system that works. But he also dem- through these problems while we await amendment would temporarily exempt onstrates that the other Senator from general revisions of the immigration returning workers who have good Maryland has recognized that when laws. records and play by the rules from the pressures build and limits are met, you This doesn’t open up that particular H–2A cap, protect against fraud for H– turn the valve a little bit and let the path which I know would concern some 2B, protect against fraud in the H–2B pressure off and let the legal system Members of this body. program by adding a $150 antifraud fee, work, quite often in H–2A.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.087 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3539 Last year, 45,000 people were identi- for American businesses, and lost tax I ask unanimous consent to add Sen- fied. But 1.6 million are in the work- revenues for our States. ator DEWINE of Ohio as a cosponsor. force. We had a system in H–2A that These losses will be significant. We The PRESIDING OFFICER. Without worked like this, and we were sensitive must help them be avoided. That is objection, it is so ordered. and constantly working to adjust it. why I have worked with my colleagues Ms. MIKULSKI. Mr. President, I hope And we wouldn’t have an illegal, un- in introducing the legislation upon the distinguished chairman of the Com- documented problem that we will de- which this amendment is based. It is mittee on Appropriations would take bate later tomorrow or next week. This the Save Our Small and Seasonal Busi- my amendment or, at the very least, is a system that works, but it also is nesses Act of 2005. It would offer relief have an amendment tonight. There one that we have been sensitive to and to these businesses by excluding from needs to be a discussion on how we pro- have been willing to adjust the cap so the cap returning foreign workers who ceed. everybody can effectively play by the were counted against the cap within I note there seems to be no one here. rules and meet the employment needs the past 3 years and to address the re- I could speak on this bill, I have such they have. gional inequities in the system. It passion, such fervor about the need for I yield the floor. would limit the number of H–2B visas it that I could speak for an extended The PRESIDING OFFICER. The Sen- that could be issued in the first 6 period of time, but I suggest the ab- ator from Maine. months of the fiscal year to half of the sence of a quorum. Ms. COLLINS. Mr. President, let me total number available under the cap. The PRESIDING OFFICER. The begin my remarks by commending the By allocating visas equally between clerk will call the roll. Senator from Maryland for her work on each half of the year, employers across The bill clerk proceeded to call the this very important issue. She and I, the country operating both in the win- roll. along with Senator GREGG of New ter and the summer seasons will have a Mr. INHOFE. Mr. President, I ask Hampshire, Senator KENNEDY from fair and equal opportunity to hire unanimous consent that the order for Massachusetts, and many of our col- these much-needed workers. the quorum call be rescinded. leagues, have joined forces in a bipar- Let me emphasize what, perhaps, is The PRESIDING OFFICER. Without tisan way to address an issue that af- the most important point in this de- objection, it is so ordered. fects the small businesses in our bate. That is, employers are not per- Mr. INHOFE. Mr. President. States. mitted to hire these foreign workers The PRESIDING OFFICER. Under Many American businesses—particu- unless they can prove they have tried the previous order, the Senator from larly those in the hospitality, forest but have been unable to locate avail- California is to be recognized following products, and fishery industries—rely able American workers through adver- the last debate. on seasonal employees to supplement tising and other means. Mr. INHOFE. I see. their local workers during the peak As a safeguard, current regulations Ms. MIKULSKI. Mr. President, my season. That is certainly true in my require the U.S. Department of Labor amendment is pending. home State of Maine. We have many to certify that such efforts have oc- The PRESIDING OFFICER. That is seasonal restaurants and hotels that curred. In Maine, as in other States, correct. need to greatly expand their our State Department of Labor takes Ms. MIKULSKI. My amendment is workforces during the summer and fall the lead in ensuring that employers pending and I recognize the Senator have taken sufficient steps—including months. Many of them, after fruitless from Oklahoma wishes to speak. The advertising—to try to find local work- efforts to hire American workers, have Senator from California has an amend- ers to fill these positions. Indeed, that found that it has worked very well for ment. is the preference of my Maine employ- them to hire in the past foreign work- Mr. INHOFE. Will the Senator yield? ers. They would much rather be able to ers under the H–2B visa program. But Ms. MIKULSKI. Yes. hire local workers. Indeed, they do hire this year all 66,000 available H–2B visas Mr. INHOFE. I was going to make a local workers, but there simply are not were used up within the first few unanimous consent request to have a enough local people to fill these sea- months of the fiscal year—in fact, in very short statement concerning S. 359. sonal jobs that peak during the sum- early January. The Department of I recognize your amendment is pend- mer and the fall. Homeland Security announced that it Comprehensive, long-term solutions ing, but I would do that through unani- would stop accepting applications for are necessary for this and many other mous consent. This is the Agriculture H–2B visas. This creates a particular immigration issues. But we have an Job Opportunity Benefits and Security inequity for States such as mine that immediate need. The summer season is Act. have a later tourism season. By the fast approaching. Tourism is critical to Ms. MIKULSKI. If the Senator wishes time Maine restaurant owners, hotel the economy of Maine. But if the tour- to speak on another matter, perhaps as owners, and other tourism-related ism businesses are not able to hire a if in morning business, I have no objec- small businesses can apply for these sufficient number of workers to oper- tion to that. workers, there are no more visas. ate their businesses, the economy will The PRESIDING OFFICER. The Sen- My colleagues from Maryland and suffer and American jobs will be lost. It ator from California. Idaho have raised very important is exactly as the Senator from Mary- Mrs. FEINSTEIN. If I might, how points. These are workers who often re- land so eloquently explained in her long will this be? turn year after year to the same famil- statement. Mr. INHOFE. I respond to the Sen- iar family business in Maine. When We need to make sure we act now to ator from California, I could do any- their work is done, they leave and re- avoid a real crisis for these seasonal where between 2 minutes and an hour. turn home to their home countries. businesses this summer and fall. Your choice. They play by the rules. The businesses I salute the Senator from Maryland Mrs. FEINSTEIN. I would object play by the rules. They are not hiring for her work on this. I hope my col- since I have been waiting. people who are here illegally. They are leagues will join in supporting this Mr. INHOFE. I can make it very hiring people through this special pro- amendment. This vehicle may not be short. gram. the very best for this proposal, but we Mrs. FEINSTEIN. Two minutes. Without these visas, employers are do need to act. Time is running out. Mr. INHOFE. Three minutes. simply going to be unable to hire a suf- The PRESIDING OFFICER. The Sen- Ms. MIKULSKI. Perhaps I could clar- ficient number of workers to keep their ator from Maryland. ify this, Mr. President. The reason I businesses running during the peak Ms. MIKULSKI. Mr. President, I asked for a quorum call, reclaiming my season. Many of these businesses fear thank the Senator from Maine for her right to the floor, is so the distin- this year they will have to decrease remarks, along with her and her col- guished chairman of the Appropria- their hours of operation during what is league from Maine for their advocacy tions Committee and I could discuss their busiest and most profitable time on behalf of Maine workers. We know how we were going to proceed for the of year. This would translate into lost Maine has been hard hit with many rest of the evening. Therefore, the Sen- jobs for American workers, lost income issues. ator from California would know how

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.089 S13PT1 S3540 CONGRESSIONAL RECORD — SENATE April 13, 2005 to exercise her right as the next in The PRESIDING OFFICER. Is there heard by the Senate Judiciary Com- line. objection? mittee. And, once again, a very con- So if the Senator from California Ms. MIKULSKI. Reserving my right troversial bill will be considered in could be patient for a minute to get to object, may I ask what the Senator conference on this bill. It was put in clarification, he could be a time-filler. would like to do? the House bill in a preemptive way. It Would that be a good way to do it? Mrs. FEINSTEIN. What I would like is there, and we have to deal with it. Mr. INHOFE. That would be fine. to do is put forward an amendment. I I want everyone to know this bill is Ms. MIKULSKI. It is a klutzy way of gather there will be no more votes to- talking about it, but it is, nevertheless, major in scope in what it does to night. change immigration hearings and where we are. Ms. MIKULSKI. Well, that is what we much to do with immigration. It very The PRESIDING OFFICER. The Sen- are trying to determine. That is what I much tightens the standards for asy- ator from Oklahoma is recognized. am trying to determine. I would like to lum and withholding of removal. It Mr. INHOFE. Mr. President, I will have a quorum call. would give judges broad discretion to make this very quick. And I appreciate The PRESIDING OFFICER. The Sen- deny asylum claims based on the credi- this very much from the Senators from ator from California has the floor. Maryland and California. The Senator from California. bility of the applicant. And possibly Mr. President, I just want to get on Mrs. FEINSTEIN. Yes, that is fine. I one reason alone could mean a negative the record. will not take long. I will just put the credibility finding. Last summer, I had an intern in my amendment in. I will not ask for a vote It changes the statutory requirement office from Rwanda. I have been active tonight. that an applicant must demonstrate to in Rwanda in kind of a mission thing Ms. MIKULSKI. I have no objection. be granted asylum, making it much for quite some time. She came to this Mrs. FEINSTEIN. I thank the Sen- more difficult, and it eliminates judi- country 10 years ago after the genocide ator very much. cial review by barring a court from re- that was taking place. She went The PRESIDING OFFICER. Without versing the decision of the judge or through all the problems in becoming a objection, it is so ordered. The pending other adjudicator about the avail- legal resident. And, of course, she is amendment is set aside. ability of corroborating evidence. going to actually become a citizen. Mrs. FEINSTEIN. Mr. President, I It would give the Secretary of the I have been privileged for a number want the Senator to know it is my in- of years to be chosen to speak at the Department of Homeland Security the tention to vote for her amendment. I ability to unilaterally waive all laws to various naturalization ceremonies in obviously did not want it on this bill, Oklahoma. These people go through all construct the border fence, including but since it is, it is my intention to of the procedures. I daresay that most possibly wage and hour laws, criminal vote for it. of those who go through the natu- laws, labor laws, civil rights, and so on. AMENDMENT NO. 395 ralization process become better citi- Now, the problem with this section— (Purpose: To express the sense of the Senate zens than some who are born here. I happen to be for finishing this 3-mile Certainly, they know more about the that text of the REAL ID Act of 2005 should not be included in the conference stretch of California border with a bor- history of this country. That is one of report) der fence—is the wording in this is so the reasons I have opposed, histori- Mrs. FEINSTEIN. Mr. President, I broad that it appears to provide waiver cally, any type of an amnesty program. send an amendment to the desk and authority over laws that might impede Now, the one that is before us by my ask that the amendment be read. the expeditious construction of bar- very good friend from Idaho has four The PRESIDING OFFICER. The riers and roads not just to finish the steps of amnesty in AgJOBS. The first clerk will report. fence in Southern California but any- one is a temporary resident status, so The assistant legislative clerk read where in the United States. And it that this jobs bill states that upon ap- as follows: would allow for no review or appeal of plication to DHS, the immigration sta- The Senator from California [Mrs. FEIN- the decisions of the Secretary of Home- tus of an illegal immigrant shall—not STEIN], for herself, Mr. BROWNBACK, Mr. land Security relating to this. ‘‘will,’’ not ‘‘may be,’’ but ‘‘shall’’—be LIEBERMAN, Mr. ALEXANDER, Mr. LEAHY, Mrs. In terms of judicial review of orders adjusted to lawful temporary resident CLINTON, and Mrs. BOXER, proposes an status as long as the immigrant amendment numbered 395: of removal, it would limit, if not elimi- worked in an agricultural job for at At the appropriate place, insert the fol- nate, stays of removal while cases are least 575 hours or 100 workdays, which- lowing: pending. Most importantly, it would ever is less. SEC. ll. SENSE OF THE SENATE. eliminate, for the first time in our Na- The next step is to take that same It is the sense of the Senate that— tion’s history, any habeas corpus re- person and give them permanent resi- (1) the Senate conferees should not agree view of removal orders for both crimi- dent status. The third step would be to to the inclusion of language from division B nal and noncriminal immigrants. This of the Act (as passed by the House of Rep- make an adjustment not only for those is a major change. It would limit the resentatives on March 16, 2005) in the con- ability of the courts of appeal to review individuals coming in but also for the ference report; spouses and the minor children. So we (2) the language referred to in paragraph mixed questions of law, even in cases of are talking about opening that gate for (1) is contained in H.R. 418, which was— longtime, lawful permanent residents, many more people. (A) passed by the House of Representatives if virtually any crime led to the depor- Fourthly, the reentry. Now, this on February 10, 2005; and tation. means if somebody left the country (B) referred to the Committee on the Judi- Further, the restrictions on review- under any circumstances, they would ciary of the Senate on February 17, 2005; and ing mixed questions of law would apply (3) the Committee on the Judiciary is the be allowed to come back and go to asylum and claims under the Con- through this process. appropriate committee to address this mat- ter. vention Against Torture. Now, here is a On top of that, another thing I do not section that causes great concern. I be- like about the legislation is it does Mrs. FEINSTEIN. I thank the clerk. This amendment is cosponsored by lieve it does to Republicans as well as have a taxpayer-funded legal services Democrats. provision in it. Senators BROWNBACK, LIEBERMAN, AL- So I just want to get on record and EXANDER, LEAHY, CLINTON, and BOXER. The REAL ID Act appears to essen- say this is something I do not think is As the clerk has read, it is a sense-of- tially create bounty hunters. Let me in the best interests of this country. the-Senate amendment. It relates di- tell you how it does that. It increases Mr. President, I do thank the Sen- rectly to the REAL ID Act. It is the the authority of bail bondsmen to ar- ator from California and yield the sense-of-the-Senate amendment that rest and detain anyone they believe is floor. attempts to bind the Senate conferees illegal, including a financial incentive The PRESIDING OFFICER. The Sen- to oppose the REAL ID Act in the con- by leaving it up to a bondsman’s opin- ator from California. ference on this bill. I would like to ion that an alien poses a flight risk Mrs. FEINSTEIN. Mr. President, I take a minute to explain why. which necessitates them being turned ask unanimous consent that the pend- First of all, this was presented to the over to the Department of Homeland ing amendment be set aside. Senate in February. It has not yet been Security. If that is the case, the alien

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.092 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3541 forfeits his or her bond premium under It also has differences between the Ms. MIKULSKI. As I understand the very broad circumstances. Illegal intelligence reform bill and the REAL regular order, the H–2B amendment I aliens turned over to the Department ID Act on the issue of driver’s licenses have offered is pending. I note that of Homeland Security must be de- and personal identification documents. there are other speakers on the other tained. The intelligence bill gives States 2 side of the aisle but on the same side of Now, this is at a time when immigra- years to comply with minimum stand- the issue who wish to speak. I note the tion officials have not proven they can ards. The REAL ID Act gives States 3 Senator from Wyoming is here and he detain all of the aliens they apprehend years in order for these documents to wishes to speak. I want to continue the today. be accepted by a Federal agency for of- debate on this amendment. What this does is, it says to the bail ficial purposes. The PRESIDING OFFICER. The Sen- bondsman, if you think someone is ille- Secondly, the intelligence reform bill ator’s amendment is the regular order. gal, you can go after them. You can requires that the Secretary of Home- The Senator from Wyoming. maintain custody over them and you land Security and the Secretary of turn them in, and they have to be de- Mr. THOMAS. Mr. President, I thank Transportation work together to estab- the Senator from Maryland. I will tained. This is on a bail bondsman’s lish minimum standards for driver’s li- opinion of illegality. It also would pro- briefly tell of my interest and support censes and personal identification doc- for this idea. I am very pleased to be a vide bail bondsmen with unfettered ac- uments. The REAL ID Act imposes on cosponsor. This is an issue we have cess to information on illegal aliens States what must be done. struggled over the last couple of years. and to influence Government processes I don’t think we should do this. We with noncitizens subject to bonding. I passed an intelligence reform bill. We Certainly it is not the overall remedy don’t know that we should be giving dealt with some standards in that bill. to our whole struggle on immigration. bail bondsmen this authority without Here, without a hearing, without any However, this is something we do need any hearing in the Senate or any con- committee consideration, this bill is to do now that will last in the mean- sequential discussion in the House on put, by the House of Representatives, time while we work on the other. this point. on to this supplemental and is in con- Each of us who has spoken has a lit- It sets minimum bonds for aliens in ference. tle different role to play in our home removal proceedings at $10,000, and it I don’t think we should do this. The States with regard to this issue. In Wy- prohibits the Department of Homeland sponsors agree with me. So we have oming, it is primarily the summer sea- Security from releasing anyone on proposed a sense of the Senate that son, travel and vacations, Jackson their own recognizance who is in re- would seek to bind conferees to elimi- Hole, WY, and other places where this moval proceedings. We don’t even know nate the REAL ID Act from this bill. has been a very important part of pro- if we can hold everybody. This par- That doesn’t mean it is eliminated for viding services there. Last year, of ticular section, actually more than any all time. I also believe the Judiciary course, we were caught up in the 66,000- other, causes me enormous concern, Committee should promptly hear the worker limitation, and it was kind of and obviously the cosponsors of this bill. We should consider amendments. unfortunate for us because, as I said, it sense of the Senate. We should be able to compare it in this was the summer season, and therefore, It does a number of other things. It house with the intelligence reform bill the applications didn’t get in as quick- holds spouses and children of an alien just passed and, therefore, make a deci- ly as they did in some other places accountable for an alien’s involvement sion. This is what the Senate is set up where their seasons started earlier. By in a terrorist organization or activity, for. We are meant to be a deliberative the time our folks applied, there were even if they didn’t know about it. I body. We are meant to consider major no vacancies. don’t know that we should do that and controversial pieces of legislation I am for an overhaul of immigration. without understanding what we are and, if necessary, slow them down. This When we have the needs and we want doing. is added unilaterally on this supple- people to be able to legally come to With respect to driver’s licenses, it mental bill with no consideration by this country, whether it is for a short creates a large unfunded mandate on this house whatsoever. It is going to while, whether it is for a longer while, the States. The CBO did a cost esti- resolve itself with a very few Members come legally, I am one who thinks ille- mate of the costs associated with im- of this body dealing with an enor- gal is illegal and we shouldn’t have it plementing the driver’s license provi- mously complicated, controversial bill that way. sions and estimated that DHS would that conflicts with other legislation We have to look at the demands and spend $20 million over the 5-year period passed by this body. We don’t do our then find a relatively simple way to to reimburse States for the cost of work if we let this happen. work through it; otherwise, people tend complying with the legislation. But in We have proposed this sense of the to try to ignore it and go around, so addition, it would require States that Senate, and I am hopeful there will be that doesn’t work. participate in the driver’s license enough votes in this body so that the These small businesses are in need of agreement, which is an interstate data- conferees on the Senate side will sim- base, to share driver information at a some relief. They cannot find workers ply not accept business being done this to do these jobs. The Labor Depart- cost of $80 million over 3 years, to re- way. Who would have thought a major imburse States for the cost to establish ment certifies there is indeed a labor piece of immigration legislation would shortage in this case and they look to and maintain the database. The grand be placed, without hearing, on this total is $100 million over 3 to 5 years. willing workers. emergency supplemental which deals The Mikulski amendment is quite The just-passed intelligence reform with the war in Iraq and critical emer- law sets up a process whereby States, simple, as has been explained. It gency matters? It is a big mistake. doesn’t count workers to the cap of the Federal Government, and inter- I ask for the yeas and nays, and I un- 66,000 who have participated in the H– ested parties will make recommenda- derstand the vote will not be tonight, 2B program during the past 3 years. It tions for establishing minimum Fed- but this will be put in the order. separates the allocation to two 6- eral standards for driver’s licenses and The PRESIDING OFFICER. Is there a month batches 2-year temporary relief. personal identification documents. The sufficient second? REAL ID Act essentially countermands There appears to be. It collects new fees for fraud preven- the rights of States in this process. The yeas and nays were ordered. tion and detection so folks who process Both the current law, pursuant to the Mrs. FEINSTEIN. I thank the Chair the applications have the skills and intelligence reform bill, and the REAL and yield the floor. tools to identify fraud. We need to ID Act require that States set certain AMENDMENT NO. 387 make these changes. minimum document requirements as The PRESIDING OFFICER. The Sen- I understand the difficulty with the well as minimum issuance standards. ator from Maryland. bill that is on the floor. I think the res- The difference is that the REAL ID Act Ms. MIKULSKI. Mr. President, I call olution is coming clear so we can deal eliminates the stakeholder process and for the regular order. with some of these issues and leave the proscribes a very complicated and bur- The PRESIDING OFFICER. The Sen- larger, longer term solutions to an- densome set of requirements on States. ator is recognized. other time.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.094 S13PT1 S3542 CONGRESSIONAL RECORD — SENATE April 13, 2005 Mr. President, I thank the Senator The PRESIDING OFFICER. Without The assistant legislative clerk read from Maryland and I look forward to a objection, the amendment is agreed to. as follows: very positive vote on this issue. The amendment (No. 401) was agreed The Senator from Mississippi [Mr. COCH- The PRESIDING OFFICER. The Sen- to. RAN], for Mr. LEAHY, proposes an amendment ator from Maryland is recognized. AMENDMENT NO. 402 numbered 404. Ms. MIKULSKI. Mr. President, I Mr. COCHRAN. Mr. President, the Mr. COCHRAN. Mr. President, I ask thank the Senator from Wyoming for next amendment is on behalf of Sen- unanimous consent that reading of the his comments in articulating the eco- ators MCCONNELL, LEAHY, and OBAMA amendment be dispensed with. nomic issues facing Wyoming. I have that addresses the Avian flu virus in The PRESIDING OFFICER. Without had the occasion to visit there myself Asia, which I send to the desk. objection, it is so ordered. and I know what a wonderful State it The PRESIDING OFFICER. The The amendment is as follows: is. I am not much of a skier; I am built clerk will report. (Purpose: To modify language in the bill re- a little too close to the ground for The assistant legislative clerk read lating to environmental recovery activi- that. But this shows this is not only a as follows: ties in tsunami affected countries) coastal State issue, and it also shows it The Senator from Mississippi [Mr. COCH- On page 194, line 7, delete ‘‘Aceh’’ and ev- is not only a seafood processing issue; RAN], for Mr. MCCONNELL, for himself, Mr. erything thereafter through ‘‘Service’’ on this is an issue that affects our entire LEAHY, and Mr. OBAMA, proposes an amend- line 9, and insert in lieu thereof: ‘‘tsunami country, particularly those who depend ment numbered 402. affected countries’’. upon summer seasonal workers. We un- Mr. COCHRAN. Mr. President, I ask The PRESIDING OFFICER. Without derstand some of our States enjoy— unanimous consent that reading of the objection, the amendment is agreed to. whether it is Massachusetts, Wyoming, amendment be dispensed with. The amendment (No. 404) was agreed or Idaho—both summer and winter. Ei- The PRESIDING OFFICER. Without to. ther way, the Senator knows that we objection, it is so ordered. AMENDMENT NO. 405 depend on summer workers. We thank The amendment is as follows: Mr. COCHRAN. Mr. President, I send him and the Senator from Idaho who (Purpose: To address the avian influenza an amendment to the desk on behalf of spoke, as well as others. virus in Asia) Mr. LEAHY requiring a 5-day notifica- Mr. President, I note that the hour is On page 192, line 19, after ‘‘March 2005,’’ in- tion to the committees on appropria- late and now that the Senator from sert ‘‘and the avian influenza virus,’’. tions for tsunami funds. Wyoming has spoken, I am not sure if The PRESIDING OFFICER. Without The PRESIDING OFFICER. The there are other people who wish to objection, the amendment is agreed to. clerk will report. speak. The amendment (No. 402) was agreed The assistant legislative clerk read I ask unanimous consent that Sen- to. as follows: ator SNOWE of Maine be added as a co- AMENDMENT NO. 403 The Senator from Mississippi [Mr. COCH- sponsor. RAN EAHY Mr. COCHRAN. Mr. President, I now ], for Mr. L , proposes an amendment The PRESIDING OFFICER. Without numbered 405. send to the desk an amendment on be- objection, it is so ordered. Mr. COCHRAN. Mr. President, I ask half of Mr. LUGAR and Mr. BIDEN. It Ms. MIKULSKI. Mr. President, I unanimous consent that reading of the want to get a vote on my amendment, deals with an increase in funding for the Department of State’s Office of the amendment be dispensed with. but it is not possible tonight. There- The PRESIDING OFFICER. Without Coordinator for Reconstruction and fore, I ask for the yeas and nays. objection, it is so ordered. Stabilization with an offset. The PRESIDING OFFICER. Is there a The amendment reads as follows: sufficient second? The PRESIDING OFFICER. The clerk will report. (Purpose: To require five day prior notifica- There is a sufficient second. tion to the Committees on Appropriations The yeas and nays were ordered. The assistant legislative clerk read for tsunami recovery and reconstruction Mr. COCHRAN. Mr. President, I sug- as follows: funds) gest the absence of a quorum. The Senator from Mississippi [Mr. COCH- On page 194, line 19, after colon insert the The PRESIDING OFFICER. The RAN], for himself, Mr. LUGAR, and Mr. BIDEN, following: clerk will call the roll. proposes an amendment numbered 403. Provided further, That funds appropriated The assistant legislative clerk pro- Mr. COCHRAN. Mr. President, I ask under this heading shall be subject to the ceeded to call the roll. unanimous consent that reading of the regular notification procedures of the Com- Mr. COCHRAN. Mr. President, I ask amendment be dispensed with. mittees on Appropriations, except that such unanimous consent that the order for The PRESIDING OFFICER. Without notifications shall be submitted no less than the quorum call be dispensed with. objection, it is so ordered. five days prior to the obligation of funds: The PRESIDING OFFICER (Mr. The amendment is as follows: The PRESIDING OFFICER. Without DEMINT). Without objection, it is so or- (Purpose: To provide additional amounts for objection, the amendment is agreed to. dered. diplomatic and consular programs and re- The amendment (No. 405) was agreed Mr. COCHRAN. Mr. President, I have duce the amount available for the Global to. requests to make on behalf of man- War on Terror Partners Fund) Mr. COCHRAN. Mr. President, I agers of the bill with respect to amend- On page 171, line 13, strike ‘‘$757,700,000’’ thank the Senators. ments that have been cleared on both and insert ‘‘$767,200,000’’. The PRESIDING OFFICER. The Sen- sides of the aisle. On page 171, line 21, after ‘‘education:’’ in- ator from Indiana. AMENDMENT NO. 401 sert the following ‘‘Provided further, That of Mr. BAYH. Mr. President, I ask unan- I send an amendment to the desk on the funds appropriated under this heading, imous consent to lay aside the pending $17,200,000 should be made available for the behalf of Senator MCCONNELL. amendment. The PRESIDING OFFICER. The Office of the Coordinator for Reconstruction The PRESIDING OFFICER. Without and Stabilization:’’. clerk will report. On page 179, line 24, strike ‘‘$40,000,000’’ and objection, it is so ordered. The assistant legislative clerk read insert ‘‘$30,500,000’’. AMENDMENT NO. 406 as follows: The PRESIDING OFFICER. Without (Purpose: To protect the financial condition The Senator from Mississippi [Mr. COCH- objection, the amendment is agreed to. of members of the reserve components of RAN], for Mr. MCCONNELL, proposes an The amendment (No. 403) was agreed the Armed Forces who are ordered to long- amendment numbered 401. term active duty in support of a contin- to. Mr. COCHRAN. Mr. President, I ask gency operation) unanimous consent that reading of the AMENDMENT NO. 404 Mr. BAYH. Mr. President, I send an amendment be dispensed with. Mr. COCHRAN. Mr. President, I now amendment to the desk. The PRESIDING OFFICER. Without send an amendment to the desk on be- The PRESIDING OFFICER. The objection, it is so ordered. half of Mr. LEAHY regarding environ- clerk will report. The amendment is as follows: mental recovery activities in tsunami- The assistant clerk read as follows: On page 193, line 23 of the bill, strike affected countries. The Senator from Indiana [Mr. BAYH], for ‘‘$500,000’’ and insert in lieu thereof: The PRESIDING OFFICER. The himself, Mr. CORZINE, and Mr. PRYOR, pro- ‘‘$1,000,000’’. clerk will report. poses an amendment numbered 406.

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.097 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3543 Mr. BAYH. Mr. President, I ask unan- before, they are on the cusp of becom- vital component of our Nation’s secu- imous consent that reading of the ing, according to their commander, a rity. It is important and essential that amendment be dispensed with. broken force. We must not let that we fulfill our moral obligation to those The PRESIDING OFFICER. Without happen. Of the 78 percent of these indi- we have called to duty so that they can objection, it is so ordered. viduals who are considering not re- do right by their loved ones, just as we (The amendment is printed in today’s enlisting in the Guard and Reserve, are asking them to do right by their RECORD under ‘‘Text of Amendments.’’) fully 75 percent, three-quarters, cite company. Mr. BAYH. Mr. President, I rise to the loss in income as a material factor I respectfully ask for my colleagues’ support a cause which is essential to in their decision to not reenlist. support of this urgent and worthwhile the continued prosecution of our war Many laudable firms in my State initiative. on terrorism. It is essential to pre- and, I am sure, in the State of Mis- I yield the floor and suggest the ab- serving our National Guard and Re- sissippi, the State of South Carolina, sence of a quorum. serve as a vital force in defending our and elsewhere, are doing their part. The PRESIDING OFFICER. The country, and it is essential to defend- About one-third of employers are seek- clerk will call the roll. The assistant bill clerk proceeded to ing our moral obligation to those who ing to make up this penalty, the pa- defend our Nation. call the roll. triot penalty, on their own; 23 States Mr. COCHRAN. Mr. President, I ask No one—particularly those citizens are helping. It is important we do our unanimous consent that the order for who have placed themselves in harm’s part as well. the quorum call be rescinded. way at our bidding—should be forced to Our amendment would provide, after The PRESIDING OFFICER. Without choose between doing right by their someone has been called to active serv- objection, it is so ordered. loved ones and doing right by our coun- ice for more than 6 months—therefore Mr. DORGAN. Mr. President, I sub- try. The amendment I have submitted a period of time more than was reason- mit the following notice in writing: In will prevent that moral tragedy from ably anticipatable—for up to $10,000 in accordance with Rule V of the Stand- happening. lost income be made up for these indi- ing Rules of the Senate, I hereby give What I refer to as the patriot pen- viduals, meaning that more than 95 notice in writing that it is my inten- alty—the cut in income those who are percent of those who suffer this pen- tion to move to suspend paragraph 4 of called to active duty in our Guard and alty would be made whole. Rule XVI for the purpose of proposing Reserve must suffer—has become a We provide incentives for the two- to the bill H.R. 1268 amendment No. very serious problem. We now have thirds of employers currently not con- 398, which I ask unanimous consent to about 180,000 Active-Duty Guard and tributing to making up these penalties, have printed in the RECORD. Reserve personnel; 40 percent of the for them to do their part as well, mak- There being no objection, the mate- forces in Iraq have been called to ac- ing it a public-private partnership. The rial was ordered to be printed in the tive duty from the Guard and Reserve. cost over the next 5 years is estimated RECORD, as follows: The deployments are now lasting to be about $535 million. Given the On page 231, after line 6, add the following: longer on average than any time since scope and the magnitude of the under- TITLE VII—SPECIAL COMMITTEE OF the Korean war. takings in Afghanistan, in Iraq, the SENATE ON WAR AND RECONSTRUC- Since that conflict, it had been our costs we are incurring for so many TION CONTRACTING practice to not summon the Guard and other activities, including to try to SEC. 7001. FINDINGS. Reserve for active duty for more than 6 train, equip and put into place Afghans Congress makes the following findings: months. Today it is routine they are and Iraqis to defend their countries, (1) The wars in Iraq and Afghanistan have called to service in Afghanistan, Iraq, this is well within our budget. This is exerted very large demands on the Treasury and elsewhere for longer than that pe- of the United States and required tremen- well within what we can afford as a dous sacrifice by the members of the Armed riod of time, making these deploy- country, to do right by those who are Forces of the United States. ments not reasonably anticipatable on attempting to implement freedom (2) Congress has a constitutional responsi- behalf of these individuals and their abroad, to ensure that they can do bility to ensure comprehensive oversight of families. right by their loved ones and their fam- the expenditure of United States Govern- Mr. President, 51 percent—more than ilies at home. ment funds. half—of the guardsmen and reservists Objections, of course, are raised to (3) Waste and corporate abuse of United who are called to active duty suffer a anything in the Senate. The principal States Government resources are particu- loss of income, the patriot penalties. one is that it will lead to an inequality larly unacceptable and reprehensible during times of war. The average loss is $4,400 per citizen of pay to those on the battlefield, per- (4) The magnitude of the funds involved in soldier—a material amount of money manent Active-Duty personnel versus the reconstruction of Afghanistan and Iraq for the average American family. The Reserve and Guard men and women and the war on terrorism, together with the General Accounting Office in a recent who have been called to serve by their speed with which these funds have been com- study indicates that there is growing side. These are unequal circumstances. mitted, presents a challenge to the effective financial strain on these families, even As I said, for those who are Active- performance of the traditional oversight up to bankruptcy. It is morally unac- Duty and have made that commitment function of Congress and the auditing func- ceptable. It is unacceptable from a na- to our country, they can plan for that tions of the executive branch. (5) The Senate Special Committee to Inves- tional security standpoint and from circumstance. For those in the Guard tigate the National Defense Program, popu- our obligation as fellow citizens that and Reserve who have been called to larly know as the Truman Committee, which those we place in harm’s way and ask service for a period of time that was was established during World War II, offers a to make the ultimate sacrifice phys- not anticipatable because it is longer constructive precedent for bipartisan over- ically should also be asked to make the than any time in the last half century, sight of wartime contracting that can also ultimate sacrifice financially. they require and deserve somewhat dif- be extended to wartime and postwar recon- That is what this amendment would ferent treatment. I simply say, we do struction activities. stop. It is hard, not just for the soldiers not call upon our Active-Duty per- (6) The Truman Committee is credited with and their families involved; it is also an extremely successful investigative effort, sonnel to take a cut in pay when they performance of a significant public edu- undermining the vitality of the Guard enter combat. We should not ask our cation role, and achievement of fiscal sav- and Reserve and the essential role they guardsmen and reservists to take a cut ings measured in the billions of dollars. play in service to defending our coun- in pay when they do likewise. That is (7) The public has a right to expect that try. Fully five out of six of the Reserve why the patriot penalties must be taxpayer resources will be carefully dis- branches did not meet their recruiting made up. bursed and honestly spent. goals in the most recent period. Gen- In conclusion, we should find it with- SEC. 7002. SPECIAL COMMITTEE ON WAR AND RE- eral Helmly, the head of the Army Re- in both our hearts and our wallets to CONSTRUCTION CONTRACTING. There is established a special committee of serve, has described the Army Reserve do right by those who defend our coun- the Senate to be known as the Special Com- as a broken force. At a time when we try. It is important to the fight against mittee on War and Reconstruction Con- are relying upon our Reserve and our terrorism. It is important to the pres- tracting (hereafter in this title referred to as Guard men and women more than ever ervation of the Guard and Reserve as a the ‘‘Special Committee’’).

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SEC. 7003. PURPOSE AND DUTIES. (1) REPORTS AND RECOMMENDATIONS.—A ma- (b) UPDATED REPORT.—The Special Com- (a) PURPOSE.—The purpose of the Special jority of the members of the Special Com- mittee shall submit an updated report on Committee is to investigate the awarding mittee shall constitute a quorum for the pur- such investigation not later than 180 days and performance of contracts to conduct pose of reporting a matter or recommenda- after the submission of the report under sub- military, security, and reconstruction ac- tion to the Senate. section (a). tivities in Afghanistan and Iraq and to sup- (2) TESTIMONY.—One member of the Special (c) ADDITIONAL REPORTS.—The Special port the prosecution of the war on terrorism. Committee shall constitute a quorum for the Committee may submit any additional re- (b) DUTIES.—The Special Committee shall purpose of taking testimony. port or reports that the Special Committee examine the contracting actions described in (3) OTHER BUSINESS.—A majority of the considers appropriate. subsection (a) and report on such actions, in members of the Special Committee, or 1⁄3 of (d) FINDINGS AND RECOMMENDATIONS.—The accordance with this section, regarding— the members of the Special Committee if at reports under this section shall include find- (1) bidding, contracting, accounting, and least one member of the minority party is ings and recommendations of the Special auditing standards for Federal Government present, shall constitute a quorum for the Committee regarding the matters considered contracts; purpose of conducting any other business of under section 7003. (2) methods of contracting, including sole- the Special Committee. (e) DISPOSITION OF REPORTS.—Any report source contracts and limited competition or SEC. 7005. RULES AND PROCEDURES. made by the Special Committee when the noncompetitive contracts; (a) GOVERNANCE UNDER STANDING RULES OF Senate is not in session shall be submitted to (3) subcontracting under large, comprehen- SENATE.—Except as otherwise specifically the Clerk of the Senate. Any report made by sive contracts; provided in this resolution, the investiga- the Special Committee shall be referred to (4) oversight procedures; tion, study, and hearings conducted by the the committee or committees that have ju- (5) consequences of cost-plus and fixed Special Committee shall be governed by the risdiction over the subject matter of the re- price contracting; Standing Rules of the Senate. port. (6) allegations of wasteful and fraudulent (b) ADDITIONAL RULES AND PROCEDURES.— SEC. 7008. ADMINISTRATIVE PROVISIONS. practices; The Special Committee may adopt addi- (a) STAFF.— (7) accountability of contractors and Gov- tional rules or procedures if the chairman (1) IN GENERAL.—The Special Committee ernment officials involved in procurement and ranking member agree that such addi- may employ in accordance with paragraph and contracting; tional rules or procedures are necessary to (2) a staff composed of such clerical, inves- (8) penalties for violations of law and enable the Special Committee to conduct the tigatory, legal, technical, and other per- abuses in the awarding and performance of investigation, study, and hearings author- sonnel as the Special Committee, or the Government contracts; and ized by this resolution. Any such additional chairman or the ranking member, considers (9) lessons learned from the contracting rules and procedures— necessary or appropriate. process used in Iraq and Afghanistan and in (1) shall not be inconsistent with this reso- (2) APPOINTMENT OF STAFF.— connection with the war on terrorism with lution or the Standing Rules of the Senate; (A) IN GENERAL.—The Special Committee respect to the structure, coordination, man- and shall appoint a staff for the majority, a staff agement policies, and procedures of the Fed- (2) shall become effective upon publication for the minority, and a nondesignated staff. eral Government. in the Congressional Record. (c) INVESTIGATION OF WASTEFUL AND (B) MAJORITY STAFF.—The majority staff SEC. 7006. AUTHORITY OF SPECIAL COMMITTEE. FRAUDULENT PRACTICES.—The investigation shall be appointed, and may be removed, by (a) IN GENERAL.—The Special Committee by the Special Committee of allegations of the chairman and shall work under the gen- may exercise all of the powers and respon- wasteful and fraudulent practices under sub- eral supervision and direction of the chair- sibilities of a committee under rule XXVI of section (b)(6) shall include investigation of man. the Standing Rules of the Senate. allegations regarding any contract or spend- (C) MINORITY STAFF.—The minority staff (b) HEARINGS.—The Special Committee or, ing entered into, supervised by, or otherwise shall be appointed, and may be removed, by at its direction, any subcommittee or mem- involving the Coalition Provisional Author- the ranking member of the Special Com- ber of the Special Committee, may, for the ity, regardless of whether or not such con- mittee, and shall work under the general su- purpose of carrying out this resolution— tract or spending involved appropriated pervision and direction of such member. (1) hold such hearings, sit and act at such funds of the United States. (D) NONDESIGNATED STAFF.—Nondesignated times and places, take such testimony, re- (d) EVIDENCE CONSIDERED.—In carrying out staff shall be appointed, and may be re- ceive such evidence, and administer such its duties, the Special Committee shall as- moved, jointly by the chairman and the oaths as the Special Committee or such sub- certain and evaluate the evidence developed ranking member, and shall work under the committee or member considers advisable; by all relevant governmental agencies re- joint general supervision and direction of the and garding the facts and circumstances relevant chairman and ranking member. (2) require, by subpoena or otherwise, the to contracts described in subsection (a) and (b) COMPENSATION.— attendance and testimony of such witnesses any contract or spending covered by sub- (1) MAJORITY STAFF.—The chairman shall and the production of such books, records, section (c). fix the compensation of all personnel of the correspondence, memoranda, papers, docu- majority staff of the Special Committee. SEC. 7004. COMPOSITION OF SPECIAL COM- ments, tapes, and materials as the Special MITTEE. (2) MINORITY STAFF.—The ranking member Committee considers advisable. (a) MEMBERSHIP.— shall fix the compensation of all personnel of (c) ISSUANCE AND ENFORCEMENT OF SUB- (1) IN GENERAL.—The Special Committee the minority staff of the Special Committee. POENAS.— shall consist of 7 members of the Senate of (3) NONDESIGNATED STAFF.—The chairman (1) ISSUANCE.—Subpoenas issued under sub- whom— and ranking member shall jointly fix the section (b) shall bear the signature of the (A) 4 members shall be appointed by the compensation of all nondesignated staff of Chairman of the Special Committee and President pro tempore of the Senate, in con- the Special Committee, within the budget shall be served by any person or class of per- sultation with the majority leader of the approved for such purposes for the Special sons designated by the Chairman for that Senate; and Committee. purpose. (B) 3 members shall be appointed by the (c) REIMBURSEMENT OF EXPENSES.—The (2) ENFORCEMENT.—In the case of contu- minority leader of the Senate. macy or failure to obey a subpoena issued Special Committee may reimburse the mem- (2) DATE.—The appointments of the mem- under subsection (a), the United States dis- bers of its staff for travel, subsistence, and bers of the Special Committee shall be made trict court for the judicial district in which other necessary expenses incurred by such not later than 90 days after the date of the the subpoenaed person resides, is served, or staff members in the performance of their enactment of this Act. functions for the Special Committee. (b) VACANCIES.—Any vacancy in the Spe- may be found may issue an order requiring such person to appear at any designated (d) PAYMENT OF EXPENSES.—There shall be cial Committee shall not affect its powers, paid out of the applicable accounts of the but shall be filled in the same manner as the place to testify or to produce documentary or other evidence. Any failure to obey the Senate such sums as may be necessary for original appointment. the expenses of the Special Committee. Such (c) SERVICE.—Service of a Senator as a order of the court may be punished by the court as a contempt of that court. payments shall be made on vouchers signed member, chairman, or ranking member of by the chairman of the Special Committee the Special Committee shall not be taken (d) MEETINGS.—The Special Committee may sit and act at any time or place during and approved in the manner directed by the into account for the purposes of paragraph Committee on Rules and Administration of (4) of rule XXV of the Standing Rules of the sessions, recesses, and adjournment periods of the Senate. the Senate. Amounts made available under Senate. this subsection shall be expended in accord- (d) CHAIRMAN AND RANKING MEMBER.—The SEC. 7007. REPORTS. ance with regulations prescribed by the Com- chairman of the Special Committee shall be (a) INITIAL REPORT.—The Special Com- mittee on Rules and Administration of the designated by the majority leader of the Sen- mittee shall submit to the Senate a report Senate. ate, and the ranking member of the Special on the investigation conducted pursuant to Committee shall be designated by the minor- section 7003 not later than 270 days after the SEC. 7009. TERMINATION. ity leader of the Senate. appointment of the Special Committee mem- The Special Committee shall terminate on (e) QUORUM.— bers. February 28, 2007.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.038 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3545 SEC. 7010. SENSE OF SENATE ON CERTAIN duty with her Army National Guard unit. I can draw a strong parallel here with my CLAIMS REGARDING THE COALITION She was inactive status and a mere 7 days personal experience in the Army. PROVISIONAL AUTHORITY. from being completely out of the military I enlisted in 1967 at the height of Vietnam It is the sense of the Senate that any claim when she was mobilized. She went from and also went Airborne. I served with the 3/ of fraud, waste, or abuse under the False being a civilian attorney to a Sergeant/E–5 506th Airborne Infantry ‘‘Currahees’’ of the Claims Act that involves any contract or administrative clerk at a significant loss of 101st Airborne Division in 1968–69. I was a spending by the Coalition Provisional Au- pay. At that time, I became a single parent radio operator and then a machine gunner in thority should be considered a claim against to four young children for one full year. In the field. I received the Combat Infantry- the United States Government. August 2004, I too was called to active duty man’s Badge, Jump Wings, Air Medal and the Mr. DORGAN. Mr. President, I sub- with my Army Reserve unit. I went from Bronze Star with ‘‘V’’ Device for heroism in mit the following notice in writing: In being a university professor to being a Ser- ground combat. accordance with Rule V of the Stand- geant First Class/E–7. Once again, our four After my return home my best friend was children were without one of their parents ing Rules of the Senate, I hereby give killed in Vietnam and I began to have seri- during their critical stages of development. ous problems with nightmares, depression notice in writing that it is my inten- We’ve done our part, now it’s time for others etc. tion to move to suspend paragraph 4 of to do their part. The burden placed on the The army’s answer at the time was a ‘‘res- Rule XVI for the purpose of proposing National Guard and Reserve forces seems ex- ignation for the good of the service’’ Sign to the bill H.R. 1268 amendment No. treme. The morale among more seasoned sol- here and you can go home. 399, which I ask unanimous consent to diers, those with 10 to 20 years of service, is In the 1980’s there was a greater awareness have printed in the RECORD. not good. Many are getting out of the mili- of the problems veterans were having and There being no objection, the mate- tary at the first available moment. programs were developed, but for over 15 rial was ordered to be printed in the Jack Cooper—Corpus Christi, TX years we were on our own. Many good sol- This is a story about a young couple in diers didn’t make it. RECORD, as follows: Austin, Texas. The husband works for Home Thanks to Senators Mitchell and Cohen I At the end of the bill, add the following: Depot and was called up in the Marine re- was finally able to receive PTSD treatment SEC. ll. (a) None of the funds appro- serves. There are two young children, both and treatment for arthritis and a disability priated or made available in this Act or any girls. One of the girls has Job’s Syndrome. award. other Act may be used to fund the inde- Home Depot did not continue the family’s in- It is my greatest hope that our younger pendent counsel investigation of Henry surance. brothers will not have to wait so long for Cisneros after June 1, 2005. They had to go out and pay ridiculous their help. I once wrote a critique of the (b) Not later than July 1, 2005, the Govern- rates for additional health insurance to PTSD program at VAMROC, Togus, Maine ment Accountability Office shall provide the cover the child. That was money they could for Senator Mitchell. This was my final re- Committee on Appropriations of each House not afford because Home Depot did not pay mark. with a detailed accounting of the costs asso- his salary while he was gone. The child was ‘‘We who placed our lives in the balance, ciated with the independent counsel inves- in the hospital for much of the time the fa- and were not found wanting, ask for no more tigation of Henry Cisneros. ther was in Iraq. The mother had to take off than that which is our due, to be treated Mr. KERRY. Mr. President, this de- from teaching to stay with the child in the with dignity, honor and respect.’’ bate on emergency funding for our hospital. She used up all vacation and sick Pamela Goers—Romulus, MI military wouldn’t be complete if we did time, and then was docked pay for lost time. My stepson is in the Navy stationed in We are not taking care of our soldiers or not begin to address the crises military Washington State. He finds it so extremely their families. families face at home as well as hard to take care of his family on his pay abroad. Doris Fulmer—Albuquerque, NM that he was willing to volunteer to go to Iraq I am proud that the Senate has I just lost my husband on February 11. He [again] because of the bonus offered and how passed my two amendments, one to was a navy pilot for 28 years. He paid on my much his family would benefit from it. This allow families to stay in military hous- SBP for years, and now I can hardly get by, is just wrong. The military men and women and waiting for the increase in October is ing for a full year after the death of a put their lives on the line for us; the least we going to be difficult. I will have to sell my can do is ensure that their families are pro- spouse, the other to ensure all military house to survive. It appears they are waiting vided for. families receive $500,000 in total death for us to die to . . . James Tate—Coon Rapids, Iowa benefits when a loved one dies in serv- Not enough is being done for the active ice to America, but I am also deeply duty veteran. I don’t see how the administra- I have 2 sons in Afghanistan, deployed for tion can be so tight with the veterans and 1 year duty with the 168th Infantry Iowa Na- moved by the stories I have heard from tional Guard. The younger has had the mis- across our country in the last 24 hours their loved ones while we wage war in a for- eign country and pour in millions of millions fortune of having his marriage disintegrate about the challenges to military fami- of dollars. in his absence and he has no assurance that lies every day. Stephen Cleff—Haddenfield, NJ his construction job will be available on his return. The older has a contract detassling Yesterday, I sent an email to Ameri- This past Christmas, my uncle was called business for 2 Iowa seed corn companies. cans asking them to share their sto- into service in Iraq. He has served this coun- This is a very seasonal business and Mike ries—of husbands and wives, sons and try in Vietnam and when he returned contin- has suffered a $60,000.00 loss of income from daughters, neighbors and friends who ued to serve as a policeman. the business. In his absence his wife and I My uncle is 58 years old. This is an exam- serve their country with courage but had the responsibility of keeping the busi- ple of how stretched our armed forces are be- have been left on their own by our poli- ness going but the companies involved were cause of the current policies of the President cies here at home. Within hours over fearful that in his absence we would not be and his followers. 2,000 Americans sent me their stories. His current service not only required that able to handle the number of acres he nor- They took time out of their busy days he miss Christmas with his family, including mally completes. Consequently they cut the 1 to share their stories on the hope his father who was very ill, but more impor- allotted acres by ⁄2. Much of the fixed ex- someone would listen. Their voices tantly, it required that he miss his father’s penses of running such an operation remain must be heard in the halls of Congress. funeral. His wife is now alone in their house, the same regardless of the total acres per- waiting for his return. I do not know the spe- formed. Normally the business returns ap- Today, I enter a small sample of their proximately $70,000 above expenses. Last stories into the CONGRESSIONAL RECORD cifics of their finances, but I do know that they relied on his income as a police officer. summer the return was less than $10,000.00. to prove we are listening, and hope I wonder how easily our current majority Besides, there remains a question of whether that today’s victory marks a new be- leaders would send people into combat if or not the companies will make the normal ginning, and that soon Congress will they had to survive on the same benefits. acres available in the future or if they will answer all their prayers and pass a Christopher Perkins—Burnham, ME give them to the other contractors that filled the void this past summer. comprehensive Military Families Bill Here in Central Maine we have a young of Rights. My wife and I raised and educated 11 law man, Fred Allen who, like myself, volun- abiding, tax paying American citizens. This I ask unanimous consent that the teered to be a paratrooper and served in both administration has created a situation that letters be printed in the RECORD. Afghanistan and then in Iraq. for the first time in nearly 70 years leaves He was grievously wounded in both legs in There being no objection, the mate- me ashamed of what my country is doing in Falluja, a name we all know from the news. rial was ordered to be printed in the the world. He spent a good deal of time in the hospital RECORD, as follows: getting back on his feet and continues his D. Bottoms—Oregon, WI Alan Neville—Aberdeen, SD healing and therapy at home. According to My best friend Kurt Jerke, age 31, is a cap- This is a story about my own family. In his mother he is receiving little in the way tain in the Indiana National Guard. He was a January 2003, my wife was called to active of compensation or direct help. Ph.D. graduate student in the Department of

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.038 S13PT1 S3546 CONGRESSIONAL RECORD — SENATE April 13, 2005 Biological Sciences at Purdue University. In Bush made a statement assuring all military my daughter were covered was while I was his final year for his Ph.D. degree, he re- family members that the troops would re- deployed. While I believe that is would be ceived orders to leave for Afghanistan. At ceive proper armor by March 2004. However, cost prohibitive to provide all Reserve and this time, his wife Katie had just giving upon their return, several Marines Lieuten- National Guard soldiers health benefits, it birth to his first son. Kurt left when his son ants informed us that the armor did not ar- would be the right thing to do to provide was only two months old. Katie has been in rive till June/July 2004; despite the battal- them a health plan which they could buy a daze ever since Kurt left for Afghanistan ion’s mission being to escort military and ci- into (co-pay). This plan would cover them with managing her job, daycare and caring vilian convoys—a highly dangerous duty and their families whether or not they were for her child, while maintaining there house that took them all over IED-infested roads of deployed. In addition to providing the fami- all as a single parent. They’re son, Cade, is Iraq. The Marines also cited a shortage of lies of our soldiers, sailors, marines and air- now a year old. He’s a walking, talking, cute flak-jackets on their first deployment. men a benefit it will also help keep them little guy. Kurt missed his son’s first year The ordeal of enduring those long, dan- healthy should they be called up. I believe and Kurt still has no end in site. Kurt has no gerous deployments (especially cognizant of that it would also provide a strong incentive idea when or if he’s coming home. Kurt has the lack of armor/equipment) and peren- for recruiting. Just a thought. no idea if he’s staying in Afghanistan or if nially bracing for bad news is too great to re- Heidi Behr—Orlando, FL he’s going to Iraq . . . count here. Needless to say, these last few I work as a social worker at a local ele- Sandy Fox—Cleveland, OH years have taken an extensive toll on the mentary school in Maitland, Florida. We health and happiness of this family, which I As a 6-year member of the Ohio National have some kids in our school whose parents consider as much of a sacrifice for this na- Guard, my son was within one month of com- are serving in Iraq and Afghanistan. I know tion as the military service of my brother. pleting his obligation when he was notified of many families (some at our school and in Despite the outcry of his family against our community and elsewhere around the that he could not leave the service. He is such things as his inadequate training for now in Baghdad, much to the dismay of the country) who are struggling to make ends the jobs with which he was tasked, lack of meet financially because they are not receiv- entire family. armor and other safety-enhancing equipment He has two sons, ages 2 and 4. He discov- ing adequate compensation while their loved [and despite the acknowledged fact that he ered the week before he shipped out for Iraq ones serve in the Armed Forces. Many of the and his men faced death at every moment at that his wife is pregnant with a daughter families who have members in the National the behest of a president who lied us about . . . the first female in our family for quite Guard are dealing with the double blow of the reasons for war], my brother has volun- a long time. His wife is a nursing student loss of pay while also now not having their teered to extend his time in the Marines and who also has a part-time job. Not only has husband or wife at home. I think it is crimi- to deploy for a third time in two years. Were his departure caused emotional upheaval for nal that our government calls these national I a poet I would better describe my boundless the entire extended family, he was the major guards up without compensating the family pride in him and all our troops. ‘‘breadwinner’’ for his nuclear family. for their lost wages and insurance. If a fam- Heartbreakingly, he and all the other troops Knowing that she could not afford to keep ily was dependent on this guard member’s in- who give so much for this country ask so lit- up payments on their apartment, their vehi- surance through their civilian job, many tle in return. cles, etc., without his income, she ap- times those families have now lost health in- We celebrate the heroism our troops with proached the military for assistance. She surance. This is not right and needs to be homecoming parades, yellow ribbons and im- was told that there was nothing they could taken into account by the government when posing bronze memorials. But we as a coun- do for her. . . that she would have to turn to they decide to call these men and women try [especially in Congress] should put our her in-laws for help to sustain her and her back into service. money where our mouth is and increase com- family while her husband was serving our Carrie Philpott—Eugene, OR bat pay, grant our Veterans adequate health country. care and other benefits, and take care of the My son joined the Marine Corp in Novem- In summary, this poor pregnant woman is families of the fallen or injured (e.g., access ber of 2002. He enlisted with the hopes that living in the basement of her in-laws’ home to good education for their children). THAT he would be able to fulfill his dream of at- with her two sons because the military and would be a meaningful demonstration of our tending college and earning a BA degree in our government turned their backs on her. respect and appreciation for their sacrifice. Criminal Justice. Other than the GI bill, no Their atrocious treatment of the military Our troops deserve no less. other funds are available to him for higher personnel, their families and our veterans education He has just spent a month at home Theresa Grof—Agawam, MA belies all their public rhetoric about family with me after being injured while serving our values and moral integrity. It’s disgraceful! I My husband was activated in 2001 after 9/11. country in Iraq. He had the time to study his don’t know how they sleep at night. His pay was so low as a technical sergeant in military benefits package and look at what Kara Block—Jamaica Plain, MA the U.S. Air Force Reserves that we are now university he would be able to attend. Imag- 20,000 dollars in debt and have no way out. My brother is a lieutenant in the Marine ine his disappointment and frustration to My husband has served his country many Corps. He has been on two tours of duty to find that his GI bill will only cover 1.75 years times, he is a Gulf War Veteran, Operation Iraq and is about to deploy for the third of an undergraduate degree at a state univer- Enduring Freedom Veteran, and an Iraqi time, this time to Afghanistan. sity that doesn’t even offer a degree in his Freedom Veteran. He has 14 years in the Since 9/11, our family has been continually field of study. He has now returned to his United States Air Force Reserve, but the pay shadowed with the threat of losing my broth- unit to complete his 4 year enlistment only is so low and the benefits being slowly erod- er on one of his deployments. He was on the to be told that he will have to go back to ed away that he is no longer sure if he wants first wave of the invasion in March 2003 as Iraq in Aug. ’06. to make it to 20 years. He sees his unit fall- part of the 1st Light Armored Reconnais- Along with his physical injury, my son had ing apart and wants to stay but with cuts in sance that forged ahead to Tikrit. On that nightly nightmares, screaming out visions benefits and our debts mounting (we have first Iraq deployment, we did not hear from that could only have come from his battle also both attended college on our GI Bills our brother until it was time for his battal- experiences. I wonder what else he will have during these activations) that it just does ion’s return to the States. He called my par- to endure for the price of an education? not seem feasible to stay in the reserves any ents via a satellite phone before heading Kathy Hartman—Loveland, CO longer. His unit is losing more and more back, to ask them to wire $200 for a phone This is a story in reverse to what you are longtime reservists every week. The unit is card to call home from the ship that carried seeking. I have a nephew serving in Iraq who becoming undermanned and when they get a them homeward. The U.S. government does works as a security guard for a private con- new recruit, which is not very often, the per- not pay for its troops to keep in touch with tractor. He receives approximately $18,000 son is not well trained enough to really help. their families while deployed. per month and has all of the finest in equip- This problem of losing long serving military On his second deployment to Iraq, my ment and security. He received his training men like my husband will affect the mili- brother called home to ask for a particular as a Ranger in the U.S. Army but now serves tary’s mission. Retaining these men is im- kind of field binoculars, as those that should as an employee of a private contractor. have been standard issue to him had not portant and passing a bill to help those of us My question is, why isn’t every soldier em- been provided. These binoculars cost my par- so in debt because of continuous activations ployed in Iraq able to receive the salary, ben- ents $500, and were obtained only with great should be a major priority at this time. I am efits and equipment that this ‘‘soldier’’ does? difficulty [incidentally, per Newsweek in very proud of my husband and I see his de- Why have we contracted some of this war 2003, the average American troop spent over termination to keep serving his country but out to the highest bidders, using our tax dol- $2000 outfitting himself/herself with safety soon there will be no reason to stay. lars to pay some of our soldiers a more-than- and field gear]. For many other military Mark Vaughn—East Greenwich, RI decent wage while our ‘‘grunts’’ fight and die families, the purchase of this necessary safe- I am in the U.S. Army Reserve and have at minimum wage? I do not understand this ty-enhancing instrument would be prohibi- been deployed 4 times in 8 years. I have inequity except of course for the fact that we tively expensive. missed almost 36 percent of my daughter’s have now set up wars and military expenses In January 2004, when much media ado was life while deployed. When not deployed I am to benefit large corporations even more than made about the lack of armor in the an adjunct college professor and, until re- they have benefited in the past. Humvees contributing to many unnecessary cently did not make enough to be able to af- Don’t get me wrong. While I do not believe roadside fatalities from IEDs, President ford health insurance. The only time I and in this war, I do believe that all those in

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.061 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3547 harm’s way should be equitably com- hold. Her boyfriend works full time at the but with total blindness. This is however, ex- pensated, trained and outfitted. I would WV Air National Guard but does not have tremely unlikely. Harold will live the rest of rather that all soldiers be compensated at a medical insurance. My daughter became his life with shrapnel in his brain, and the wage befitting the horror and danger they pregnant but is unable to marry her boy- severe cognitive deficit that goes with it, as experience. friend because he does not have medical in- well as the loss of this sight. As a Guards- Clearly the private contractors are able to surance. There is no way she could marry man, not a member of the Army etc, I fear pay generous compensation in addition to him and then have the baby with no insur- that his family will fall between the cracks, making generous profits. This is wrong. ance. I advised her not to, what if something and through loop holes and bureaucracy not Nada Smith McLeskey—Columbus, OH happened to her or the baby? We cannot af- receive the benefits (however paltry) that I was married for 28 years to my first hus- ford to pay out of pocket and we make too regularly commissioned soldiers are entitled band who for 21 years served our country in much money to qualify for Government aid. to. the United States Air Force. He continues We would like our daughter to be married Jean Harris-Letts—Middleburg, FL today serving our country by teaching your and she would like to be also. Her boyfriend I am a physician in a town where many of high school students leadership by serving has checked into private insurance but at my patients count on military benefits. with the JRAFROTC Program in Salt Lake $800 a month they can not afford it. My For Medicare recipients, most of the time City, Utah. Our daughter served for 6 years daughter served in Qatar in Operation En- both Social Security checks go for food and in the Utah Air National Guard and today during Freedom as did her boyfriend. He flies rent, while hopefully the service connected our son serves our country in the United almost every week doing missions for our spouse will be able to get his or her medica- States Air Force in the Special Forces government but is not offered insurance! It tion from the Veterans Administration. The branch. Our son has already seen one tour of makes me so mad, most of our government non-military spouse will have to get samples duty to the Middle East. He is married and a officials don’t care about healthcare for oth- of meds or often go without. father of 3 children. He is an enlisted service ers because they will never have to worry My younger patients whose spouses are in member. His wife was forced to stop working about themselves. the military are in an only slightly better because their childcare far out weighed the Gail Mountain—Gloucester, MA position . . . It baffles me how anyone could income she could bring home and the sub- Like a lot of stories about abuse and mis- countenance cutting military benefits in a sistence allowance program was cut by the treatment, despite the specific issue sur- time of war, when so much depends on mo- Bush Administration. They now live in base rounding that abuse and mistreatment, prov- rale. housing but none the less, their income for a ing it is very difficult. The patients to whom I refer are not dead- family of five is roughly $2000 per month. By Nonetheless, I would like to share my sus- beats. They are hard working people, who the time their bills are paid, there is little picion of mistreatment of my nephew as a are just not being properly compensated, and left for them to buy groceries or enjoy the member of the Air Force reserve who lost his find only twenty four hours in the day when luxury of maybe going out to a movie or to job in the U.S. upon his return from a 3- they try to do more. eat. I send them what I can per month to month assignment in Kuwait, perhaps a year George Cleveland—Milwaukee, WI help out. I know what it is like to serve our ago. I am a Vietnam era vet with severe back country and have to live on an extremely He had been getting subtle messages for pain, lumbar/sacrel facet degeneration. I was tight budget. My daughter in law would love months from his employer that his need for completely independent when President to work so they can pay off their debts and time off to accommodate his military train- Clinton was in office. When President Bush have extra money, but with 3 children under ing was not appreciated. got in office and reduced V.A. funds. They the age of 6 it is impossible as childcare When he returned from Kuwait, he was ‘‘let took away my pain meds, which where 6–5mg would eat up all her wages. Thank you. go’’ under what I believe to me the guise of Percocets and 2–10mg Oxiocotins. It’s gotten Doug Brewer—Tacoma, WA his inability to do his work. He believes, and so do I, that he lost his job to the point that I can’t walk with my My daughter is best friends with a 16 year- because of the time it took for him to serve grandchildren anymore. I’m 58 years old and old whose father is a reservist. He was de- his country. poor with no other insurance I’ve talked to ployed to Iraq, leaving behind a 12 year-old He will never be able to prove it, but I other vets with similar problems. We’ve basi- autistic child, who needs the care of two par- think we need to also find a way to insure cally been told that we are not worth the ents to even have a semblance of a quality of this does not happen to those who choose to price of our meds. What’s going to happen 40 life. The father is in Mosul, a very dangerous serve our country, yet still need to earn a years from now when the vets from Iraq still place, ostensibly for a year, but we all know living. need help will they be forgotten to? Just go how that length of time has tended to ex- This young man continues to diligently to any V.A. Hospital in this country and talk pand. I can’t tell you how many tears this working on his master’s degree and to take to the vets sitting in the smoking area and family has shed over the father’s safety, the every opportunity to get as much military ask. This will probably screw me pretty bad one parent’s frustration of raising an autis- training as he can so he can become a part of but at this point I just don’t give a damn. tic child (among two other siblings), as well the investigative branch of the Air Force be- Holly Ortman—Fort Benning, GA as the financial pressures of having the main cause he loves his country and because he bread-winner gone. Why? For what purpose? My name is Holly Ortman. Not only am I wants to participate in the safety of it. I a nurse in the US AF Reserves (inactive Katie Laude—Beaver Dam, WI hope a part of your work will be to also in- now), but I am also a spouse of an active My husband is a reservist currently serv- sure that our reserves and our national duty soldier in the US Army and a mother of ing in Afghanistan. He served his 8 years of guard are taken care of by the country they 4. I am highly educated and was working on military service after getting an ROTC choose to protect. my Practitioners Degree. I have always scholarship for college. After finishing his Sarah O’Malley—Castine, ME stood behind our government and its deci- two years of being a company commander he This story is of a man in a town near by, sions, but as of late, I feel that my support went on IRR. After September 11th he was the nephew of a friend, a high school class- is dissipating due to the government’s lack given the advice to join back with his unit or mate. Harold Gray was in the National of support for the military families and the risk being ‘‘cross-leveled’’ into another unit Guard, the 133rd Engineering Battalion from military child. When our son was 6 months where he wouldn’t know the troops. here in Maine. He was injured several old, my husband was given orders to deploy Well, as it turns out, he did join his old months ago by a road side bomb, getting hit to Afghanistan with the 10th Mountain Divi- unit again but was still cross leveled to a with shrapnel in the head and shoulder. sion. At the time I was an ICU Nurse man- unit in St. Cloud, MN (we live in southern Shrapnel destroyed his eyes and lodged in his ager at the local hospital. At this point in Wisconsin). We have three boys (ages 9, 6 and brain. our lives, we only had 3 children. Due to the 1). I had our third son after my husband had Harold was in a coma for quite a while at demands of being a mother of 3, one of which left. To make it worse, I have NO family sup- a military hospital in Washington. His wife was only 6 months, and an acting single par- port group unless I want to drive over 5 traveled to DC to be by his side, and his ent due to the absence of my husband, I had hours to the unit in Minnesota. I have had to three young daughters are staying in their to step down as the nurse manager and work hire out virtually everything around our home community with family. Harold’s wife in the ER as an emergency/trauma nurse. house (lawn, snow removal, home mainte- is a manicurist with no benefits, when she This was very short lived because in the nance, etc). After taking a year leave from doesn’t work, she doesn’t get paid. She state of New York nursing is unionized, my job after the baby was born, I felt I had hasn’t been working for months now. In therefore everything works off of seniority. to go back to work. So I am now working every store you go in around here, there is a That left only night shifts open for me to full time as a teacher and raising three kids coffee can with Harold’s picture, collecting work. Because finding a trustworthy person with no husband. spare change to help support his family. This to come in at night and watch 3 children and Linda Brown—Bunker Hill, WV soldier’s family is living off good will and get 2 of them ready for school the next morn- Our daughter is in the MD Air National spare change. ing is so difficult I had to totally resign my Guard as well as a full time college student. As a Guardsman, I don’t know what kind of nursing position. Just so you understand the We still carry her on our medical insurance. extended support Harold and his family can seriousness of this let me explain that before She has been deployed twice in the last 3 expect. The best case scenario for Harold’s I resigned, our family income was close to years each time putting her education on situation would be a full cognitive recovery, $4500.00 a month. Because I could not work

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.063 S13PT1 S3548 CONGRESSIONAL RECORD — SENATE April 13, 2005 due to the military deployment, our income Las Vegas is skyrocketing and a big pay- period of morning business, with Sen- fell to less than 1800.00 a month. This quali- ment is due soon. We cannot afford to do this ators permitted to speak for up to 10 fied our family for W.I.C., and other forms of as our daughter is a student at UNLV an- minutes each. public assistance, which we had never needed other a student in High School aspiring The PRESIDING OFFICER. Without before, but desperately need now. During his model and actress and a third only 10 years deployment, my husband re-enlisted for an- old a gymnast in Henderson . . . all girls who objection, it is so ordered. other 6 years. He is a very patriotic man and lost their brother. f I personally have lost my job and find my- he wanted to do what he felt in his heart was HONORING OUR ARMED FORCES right. We toughed it out and my husband self on unemployment getting 329.00 per came home in May of 2004. Shortly after his week because I grieved too long and could ARMY 1ST LIEUTENANT CHARLES WILKINS, III return, we found out we were pregnant with not perform my job at the level expected. Mr. DEWINE. Mr. President, in- our 4th and last child. He then received his Costs run high, but our family has been ru- ined by a war my son never intended on en- scribed on an exterior wall of the Chap- orders for Fort Benning, Georgia. We relo- tering as he was a reservist and had goals el at the Normandy American Ceme- cated to Fort Benning and upon his First day and dreams of his own. We still have not tery and Memorial in France, are the of reporting and 6 months TO DO THE DAY even gotten our sons final report , we don’t following words: of his return from Afghanistan he was told to even know the details of what happened? 8– These endured all and gave all that justice collect his CIF gear, he would be leaving for 9 weeks ago . . . He was proud to be a Marine Iraq by January and that they needed his among nations might prevail and that man- and we are proud of him, the little money kind might enjoy freedom and inherit peace. combat experience over there. We were dev- the Government gave us has paid his college astated, as the birth of our last child was due loans at UCLA and we are faced with the Many years after the bloody battle in February and we were hoping to finan- hardship of our lives being ruined, because of on Normandy’s shores and many miles cially catch up by me going back to work. Iraq. from those sandy beaches and jagged Due to the fact that my pregnancy was high My whole family has suffered during the cliffs, Army 1LT Charles Wilkins, III, risk, he was allowed to stay behind until the past 2–3 months since the accident but really of Columbus, OH, like the thousands of baby was born. He is now leaving for Iraq the past 7–9 months we’ve been stressed and American servicemen who perished be- this Saturday. My career, in a field that is in it has affected all that we do daily. dire need of experienced people, will once What a disaster, what a shame that my fore him over 60 years ago, gave his life again be on hold, and we will have to scrape own land of liberty, land of the free has so that others, too, might enjoy free- by yet again due to the minimal amount the placed us in bondage for years to come and dom and inherit peace. government pays my husband to leave his has all of us reeling as where do we go from On August 20, 2004, 1st Lieutenant family and put his life on the line. I was so here? Wilkins was killed near Samarra, Iraq, disappointed in my government when I heard I am a 7th generation American. My family when a roadside explosive detonated that many wanted to decrease the deploy- tree is American Indian, Spanish and Mexi- can from Los Angeles, CA. I grew up think- near his Humvee. He was 38-years-old. ment pay. We are barely making it as it is Today, I would like to pay tribute to and without that pay we would literally be ing my country was great, my forefathers de- in dire straights. Now there is talk of de- fended my stance so we can live today. My this fellow Ohioan and to take a few creasing the amount of the yearly raise to very uncle Fred Perez sold airplanes to Iraq moments to remember him here in the help the budget. Both of my oldest children and Iran as he worked for Boeing in the 60– Senate Chamber. You see, Charles—or go to a military school and it has been a God 70s. My cousin lost a leg in the USMC in Chuck, as he was known to his family send. They have deployment groups for them Vietnam. My Uncle lost an arm in Korea and my wife’s uncle died on the shores of France and friends—was a deeply devoted, un- and a counselor to help with the transition, selfish man. He lived his life with a which was very hard during the first deploy- during WWII. What happened to the Amer- ican Dream? Why, when my family and son sense of duty—always dutiful to his ment. These schools know how special a defended liberty, do we now suffer? People in country, to his family, to his friends, military child is. Now Donald Rumsfeld NYC buildings were provided 2 million dol- wants to shut down our military schools. and to his job. Chuck defined the term lars each so they could adjust to their loss. How much more can you people keep taking ‘‘citizen soldier,’’ balancing his service Yes, they needed it, but we do too. from us before you realize that we have in the Ohio National Guard with his nothing left to take? I cannot even repay my Mr. WARNER. Mr. President, I will obligations to his family and his ca- government student loan because I can not offer an amendment to H.R. 1268 which reer. work because of his continual deployment would require the Department of De- After attending both Bishop Hartley and the government doesn’t pay him enough fense to submit a report to Congress by High School and St. Charles Pre- to keep us above poverty level. My family July 15, 2005, on the Government’s paratory School, Chuck graduated in has sacrificed so much and only keeps get- processes and policies for disposal of 1985, and enlisted in the U.S. Air Force. ting slapped in the face by our government. property at military installations pro- My family feels so used. I currently hold a After his discharge, he enrolled at The posed to be closed or realigned as part Ohio State University to study eco- commission as Major in the USAF IRR, of the 2005 round of base closure and re- which I am resigning, and I have told my nomics. While in college, Chuck joined husband, we will find him a way out. We just alignment, and the assistance available the Ohio National Guard because, ac- can’t afford the price of your freedom any- to affected local communities for reuse cording to his sister Lorin, ‘‘He wanted and redevelopment decisions. more. I am sorry but fine speeches and big to be an officer.’’ After earning his col- This report will be of tremendous as- talk cannot put food on my table and bring lege degree, Chuck took a job as a my husband home alive. Thank you for this sistance to States and local commu- chance to share this with you. nities affected by BRAC, and faced transportation planner with the Fed- eral Highway Administration, became Richard Perez, Sr.—Las Vegas, NV with difficult decisions about the rede- a volunteer for Habitat for Humanity, On February 10th, 2005 at 11:30pm in Al velopment and economic revitalization Asad, Iraq, we lost our only son USMC LCpl of their areas. The report required by and began attending Capital Law Richard A. Perez Jr. this amendment is similar to Commu- School—all while continuing his serv- His story is on www.richardperezjr.com nity Guides to base reuse, which were ice in the National Guard. website. published by the Department of De- At any time, Chuck could have quit The heartache will never end. My wife fense in all four previous BRAC rounds being a soldier and settled into a quiet Rosemarie who had been a senior sales agent life as a civilian. But, that wasn’t the for State Farm with the states highest sales during the Commission’s deliberations. These guides served a vital purpose for type of person he was. Rather, Chuck totals for the past 4 years is devastated and was the type of person who always gave has no more energy to even perform her job affected communities by explaining ex- anymore because of the loss of our only son. isting Federal law pertaining to prop- 100 percent of himself. In addition to I, Richard A. Perez Sr., Battle with this erty disposal and by endorsing a his full time job, his military respon- problem daily, recently our son had signed proactive and cooperative relationship sibilities, and his law classes, Chuck with us on a very large home loan which we between military departments and served as a peer-advisor at Capital for thought would solve all problems as we have local communities, without appearing first-year law students. rented for 20+ years and never owned a home. to be directive in nature. I ask support As someone who also attended law We bought it with the pretense that Rich for this amendment. school, myself, I know how difficult would help us with the home loan and to and time consuming study can be—and build upon his career and life with his own f Chuck Wilkins was doing it with a host family as he was generating money in his MORNING BUSINESS management position at Jack in the Box res- of additional fulltime commitments! taurant. The house has not been built as of Mr. COCHRAN. Mr. President, I ask One of his advisees remembered how yet, but the looming cost of a home here in unanimous consent that there now be a helpful Chuck was:

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.065 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3549 Without Chuck, I doubt I would have made izen, a good soldier, a devoted family have been coordinated to keep the it through that very difficult first year [of man, and a compassionate human partnership together for years to come. law school]. He was always positive and up- being. Everyone who met him was Last year, an Alaska National Guard beat, and he was constantly encouraging [us] touched by him in some way. He will be delegation met with Prime Minister to never give up. We could always count on Chuck to lift us up when we were down. It dearly missed. Elbegdorj, as well as other senior level was important to him to make our first year My wife Fran and I continue to keep government and military leaders in journey a little bit better by sharing things his grandmother, Dorothy; his mother, Mongolia. Already plans to send ob- that weren’t available to him during his first Natalie; his father, Charles; and his sis- servers both this year and next have year. I’m glad he took the time to make our ters Lorin and Davina in our thoughts been made. first year law school world a better place. and our prayers. The success that the partnership en- Chuck Wilkins always made time for I yield the floor. joyed this past year is a direct reflec- others. As one of his co-workers said, f tion of the willingness and eagerness ‘‘He was always looking out for some- on both sides to further our relations. ALASKA-MONGOLIA TIES body else, never for himself.’’ It was The Alaska National Guard tells me this sense of selflessness led Chuck to Ms. MURKOWSKI. Mr. President, I that Mongolia is enthusiastic about Iraq. rise today to pay tribute to and recog- their democratic reforms and is aggres- Chuck was a member of the 216th En- nize the contributions of an ally to the sively working to meet its goals. gineering Battalion, based in Chil- United States, an ally that has contrib- I thank the leaders of Mongolia for licothe, OH. When his original unit was uted to our efforts in Afghanistan and their friendship and support, and I look passed over for deployment to Iraq, Iraq and who has worked in close co- forward to the continued success of Chuck sought a transfer to a unit that operation with my State of Alaska. this partnership between the Land of was scheduled to deploy in February of While their contributions have not the Midnight Sun and the Land of Blue 2004. The new unit needed officers, and received the widespread recognition Sky. the Iraqi people needed bridges and given to other countries, the nation of f roads. Once again, Chuck gave of him- Mongolia has been a steadfast friend of CAMBODIAN KHMER NEW YEAR self so that others would not go with- the United States. They have not been out. It was hard for Chuck to leave his deterred by those critics who deride Mr. REED. Mr. President. I rise career and his law school studies, but the quality of the nations included in today on behalf of my fellow Rhode Is- as his sister, Lorin, said, ‘‘He was the coalition forces. landers to commemorate the 2549th An- Army, through and through. He wanted Mongolia’s contributions mean a bit niversary of the Buddha, the Khmer to help rebuild Iraq so people could more to the State of Alaska. In Sep- New Year. have the same freedoms we do.’’ tember 2004, we marked the 1-year an- This 3-day anniversary, which begins As I said earlier, Chuck Wilkins niversary of the start of the Alaska- today, highlights the rich heritage of wanted the Iraqi people to ‘‘enjoy free- Mongolia National Guard State Part- Cambodian Americans, while recog- dom and inherit peace.’’ nership. nizing contemporary Khmerian accom- Though his sense of duty compelled Through the State Partnership Pro- plishments. Specifically, the New him to go, it still was hard for Chuck gram, a true friendship has developed Year’s festivities celebrate the ancient to leave his family—the family he between Mongolia and Alaska. Our Na- dance, music, and religious traditions loved so very much. Like any mother, tional Guard has established broad of the Cambodian community. The Natalie Wilkins did not want her son to working relationships and increased event also provides older Cambodian leave for war. She begged him not to go exchanges with their Mongolian part- Americans with an opportunity to pass and to seek an exemption, but Chuck ners. They stand side by side with the their customs down to future genera- would just reply, Mom, I can’t stay. I Mongolian Armed Forces in Iraq as tions while simultaneously allowing all have to go with my men.’’ While his they participate in the coalition fight- Khmerians to share their culture with deep sense of duty pulled him away ing the global war on terror. In fact, other Americans. from his loved ones here at home, the Mongolian Ministry of Defense spe- This celebration traditionally serves Chuck remained a family man’’ in cifically requested Alaska National as a respite between the Khmerian har- every sense of that phrase. His sister, Guard support based on Alaska’s rela- vest and the weeks colloquially re- Lorin, says that Chuck was always tionship with their nation. ferred to as the ‘‘rainy season.’’ Tradi- there for the family. She said that even I would like to quote MG Craig tionally, the Anniversary of the Bud- with his busy schedule, if you called Gambell that, ‘‘[a]s long as the Mongo- dha affords Khmerians a chance to give him, he would be there.’’ He took good lian Armed Forces are willing to send thanks, reflect, and welcome the spirit care of his mom and dad and his sis- troops in support of Operation Iraqi Tevada Chhnam Thmey. Also, in ac- ters, always making sure that his fam- Freedom, the Alaska National Guard cordance with tradition, scores of Cam- ily was provided for—whether he was will continue to stand by their side.’’ bodian-Americans will gather with home in Ohio or thousands of miles Prior to 2000, Mongolia did not have friends and family to visit local mon- away in Iraq. a national policy of deploying forces asteries. While there, the Khmerian Charles Wilkins, Jr.—Chuck’s fa- beyond its borders. Yet, they were the people will proffer food to their clergy- ther—says that one of his last memo- first coalition country to contribute an men, pray for ancestors, give charity ries of his son is of him swimming in a infantry battalion to Iraq. The Mongo- to the less-fortunate, forgive the mis- pool, playing with his nephew, laugh- lian Armed Forces are currently pro- deeds of others, and thank elders for ing. That is when Chuck Wilkins was viding security to a logistics base in their knowledge and care. happiest—that is when he was making southern Iraq, escorting convoys, con- The Khmerian ceremonies and activi- others happy, making them feel safe structing military barracks, medical ties occurring this week demonstrate and cared for and protected. facilities, and local schools. They de- that each year brings new opportuni- We honor the fallen because they serve special recognition for pre- ties for charity, peace, and happiness. have honored us—with their service, venting a suicide attack that could Rhode Islanders witnessed the realiza- with their sacrifice. Charles Wilkins have killed hundreds. tion of one such opportunity this year. not only gave himself to his country, Alaska’s pairing with Mongolia in I was fortunate to work with Miriam he gave a little bit of himself to every- the National Guard State Partnership Hospital in Providence and Representa- one he met. Program is fitting, given our similar tives Kennedy and Langevin to obtain When Charles passed away, his moth- geographic size, topography, popu- visas to reunite Cambodian-Rhode Is- er said that the world lost a good lation density, and climate. The pro- lander Minea Meas with his family. man—a man whose llfe was bound by gram allows Alaska’s soldiers to work Three long years after Minea received duty and good deeds. Our world is the with Mongolian forces on professional political asylum in our country, his lesser without him, but it is also the military skills as well as in military- wife, Chantol Lim, and his children better for the time he lived on this to-civil and civil-to-civil areas. Beyond Monita, Sovannra, and Sinvath joy- earth. Charles Wilkins was a good cit- the teamwork in Iraq, other events fully relocated from Cambodia to build

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.071 S13PT1 S3550 CONGRESSIONAL RECORD — SENATE April 13, 2005 a positive future with Minea in Rhode bought Marathon and the sale of Max Ours is a better Nation and world for Island. Consequently, the Meas family Fisher’s 600,000 shares added another him having been in it. Thank you, will never forget the Year of the Mon- fortune to his fortune. Max.∑ key. Never content to rest on his laurels, f As we commemorate this important Max’s business interests continued. He EZION-MOUNT CARMEL UNITED time, let us reflect on recent inter- had successful ventures in food proc- METHODIST CHURCH national affairs and our Nation’s con- essing and real estate, including as a tinued efforts to promote universal partner in the purchase of the 77,000 ∑ Mr. BIDEN. Mr. President, I rise human rights and fundamental demo- acre Irvine Ranch in Orange County, today to commemorate the 200th anni- cratic ideals. Let us also take this op- CA, which was the largest private real versary of a true Delaware institution, portunity to honor the Cambodian estate transaction in American history Ezion-Mount Carmel United Methodist Americans currently serving in our Na- at the time. Church. Ezion-Mount Carmel stands as tion’s military, for helping to preserve One of the traits of Max Fisher that a testament to the power of faith and the liberties we all enjoy. I admire most is that he never aban- community. It has survived through Finally, I would like to wish all Cam- doned his friends in time of trouble. several incarnations to become a bea- bodian Americans happiness, pros- When others might have told him he con of light in Wilmington, and a con- perity, and good health in this, the had reason to do so, he remained loyal. stant reminder that we can—and we Year of the Rooster. After his friend Richard Nixon resigned must—triumph over adversity. f the presidency and entered a long win- Ezion-Mount Carmel’s history is as complex as one might expect from such ADDITIONAL STATEMENTS ter as a political pariah, Max reached out to him with encouraging words, a venerable institution. Its genesis was writing that ‘‘history will record the when the African-American members of the Old Asbury Methodist Church, TRIBUTE TO MAX M. FISHER great contribution you have made to the world.’’ He stuck by his friend Ger- unsatisfied with being forced to wor- ∑ Mr. VOINOVICH. Mr. President, he ship from the church’s balcony, found- was the son of poor Russian immi- ald Ford when Jimmy Carter narrowly defeated him in 1976. ed their own congregation and helped grants who grew up to be a citizen of establish the freedom to worship in Some say that after Ohio State, De- the world. He was a skilled business- Delaware. That congregation would ul- troit was Max’s first love. When riots man who devoted much of his time to timately come to be known as Ezion- erupted in Detroit in the late 1960s, giving away millions of dollars to char- Mount Carmel United Methodist Max did everything in his power to try ity. He was a modest man with a low Church, and it has survived war, fire to bring people of all races and faiths profile who was sought out by world and community strife with a clear pur- together. At his funeral, a retired Fed- leaders for his advice. pose and mission. eral judge told the story of how Max America has lost one of its finest Beyond its extraordinary past, Ezion- Fisher went down to City Hall to de- citizens with the passing last month of Mount Carmel is a dynamic force for mand the release of African American Max Fisher. good today. One of Wilmington’s com- citizens who were jailed for peaceful A former Member of this body, Jacob munity outreach leaders, the church protests. Max never gave up on De- Javits, called Max Fisher ‘‘perhaps the offers numerous programs which have a troit—and nearly everyone will tell single most important lay person in real, positive effect on the often trou- you that without Max, Detroit might the American Jewish community.’’ If bled community in which it resides. As not have survived as a viable urban for no other reason, his commitment to it has for two centuries, Ezion-Mount core. the Jewish people would have earned Carmel continues to be a place of ref- him the title, but the hundreds of mil- Max had the grace to see the innate uge and hope for those in need. It is lions of dollars he helped raise for Jew- value of people as children of God. I al- where a congregation and a community ish charitable causes further dem- ways felt good when I met with Max. gather to gain strength from each onstrated his devotion. His honesty was consuming and he other and from God, and to continue a Presidents Nixon and Ford turned to made you feel like you were the only legacy of remarkable achievement. him to serve as an unofficial emissary person he cared about. His example of For its noble past, its exciting to Israel during times of crisis in the giving generously and doing deeds of present and its promising future, I ask Middle East. His work was hailed by loving kindness inspired others to fol- that the Senate join me in congratu- Henry Kissinger in his autobiography. low suit. No one will ever be able to lating Ezion-Mount Carmel United Though a resident of Michigan as an calculate the money that would not Methodist Church on its 200th anniver- adult, Max Fisher was no Wolverine. have been given without Max’s exam- sary.∑ ple. He was a Buckeye through and f through. Max grew up in Salem, OH I will never forget the wonderful pro- and attended the Ohio State University gram that was held to honor Max when SOO LOCKS ANNIVERSARY on a football scholarship. In his time as we cut the ribbon to open the Max ∑ Mr. LEVIN. Mr. President, this year an athlete the world got a glimpse of Fisher College of Business at the Ohio marks the 150th anniversary of comple- the competitive spirit that was to State University. I am sure it was a tion of two of the four Soo Locks in the serve him so well in business. In one of special moment for Max to think about St. Marys River. These locks, com- his most famous plays as a Buckeye, what it meant for the son of an immi- pleted in 1855, provide the link between Max sacrificed four of his teeth when grant to have the College of Business Lake Superior and the rest of the he successfully blocked a punt with his named for him at one of the Nation’s Great Lakes at Sault Ste. Marie, MI. face. largest universities. And as an Ohio These locks have proved to be vital to After his graduation from Ohio State State alumnus and former football the economy of the Great Lakes region in 1930, Max headed for Detroit and player, I’m sure it was special to know as well as the nation as a whole. The began his career as a pioneer in the oil that just a stone’s throw away was the locks, in fact, handle more cargo than refining business. Max saw that the Horseshoe where he played football as the Panama Canal annually. The his- automobile would transform the na- a student. It was a fitting tribute to a tory of the Soo Locks is really the tion, and he had the vision to create great American who made a difference story of the settlement of the Midwest the refinery capacity necessary to run for his fellow man and country. and the rise of the region’s industrial those millions of new vehicles. He Like the Ohio State University’s Col- legacy. learned the business inside and out and lege of Business, the Detroit Symphony Lake Superior is separated from became a legend when he built another Orchestra’s performance hall also bears Lake Huron by the St. Marys River. oil company—Aurora Gasoline and its Max’s name. These twin monuments to Prior to the locks, rapids made naviga- affiliate, Speedway ’76—that, after a Max Fisher are a fitting tribute to a tion of this river impossible. The Ojib- series of mergers, became Marathon Oil man who was a genius in business and way Indians, and later white settlers, in 1962. Twenty years later, U.S. Steel every bit the passionate humanitarian. were forced to portage their small

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.074 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3551 boats around the rapids to reach Lake HONORING THE ACCOMPLISH- Similarly, Self-Help rehabilitates older Superior. Larger ships had to have MENTS OF KING’S DAUGHTERS homes to help families keep homes their cargo unloaded and then moved MEDICAL CENTER that may be run-down, and makes by wagon to the other side of the rap- ∑ Mr. BUNNING. Mr. President, I pay homes safer to live in. To date, Self- ids, where it could be loaded onto an- tribute and congratulate King’s Daugh- Help has rehabilitated 5,000 homes, ren- other ship. ters Medical Center of Ashland, KY. ovated 20,000 water and sewer connec- In the 1840s, extensive copper and This hospital has been named as one of tions, and weather-proofed 40,000 iron mining began in Michigan’s Upper the Solucient Top 100 Hospitals in homes. Peninsula, and several boomtowns soon America. Self-Help understands the impor- sprang up along Lake Superior’s King’s Daughters has been chosen for tance of providing affordable housing shores. Due to the lack of roads, all this award among every hospital in to families. For families who cannot travel and trade was done by boat. The America. This award cannot be applied own a home, Self-Help develops multi- increased traffic soon made it clear for; it is simply given to the hospitals family housing projects and establishes that continuing the loading and un- that rank among the best in clinical rent levels and financing plans to give loading of cargo at Sault Ste. Marie outcomes, patient safety, operational low-income families a chance to raise would not be possible. efficiency, financial results, and serv- their children in a safe and secure envi- An act of Congress in 1852 gave 750,000 ice to the community. Solucient, a ronment. acres of public land to the State of leading source of health care business In its mission statement, Self-Help Michigan for use as compensation to intelligence, uses these five criteria to Enterprises states that all families the company that would build a system independently determine the best hos- really need is ‘‘someone to bridge the of locks between Lake Superior and the pitals in America. gulf between dreams and reality.’’ Self- other Great Lakes. The project was un- The citizens of Ashland should be Help is that bridge. I congratulate Self- dertaken by the Fairbanks Scale Com- proud of this hospital. Their success Help Enterprises on their 40th anniver- pany due to their mining interests in serves as an example of how Kentucky sary and wish them many more years the Upper Peninsula. ∑ is more than capable of providing elite- of continued success. Despite poor building conditions dur- level health care to its citizens. King’s f ing the cold winters, the two 350-foot Daughters Medical Center’s dedication locks were constructed within the 2- HABITAT FOR HUMANITY, FRESNO and hard work should be an inspiration year deadline set by the State. On May ∑ Mrs. BOXER. Mr. President, I take to the health care community of the 31, 1855, the locks were turned over to this opportunity to recognize the 20th Commonwealth. I wish them continued the State of Michigan and named the anniversary of Habitat for Humanity, success in the future.∑ State Lock. Fresno. The opening of the State Lock de- f Habitat for Humanity, Fresno was creased the cost of shipping iron ore formed in 1985. For the past 20 years, SELF-HELP ENTERPRISES from the Upper Peninsula to industrial Habitat for Humanity has been a cham- centers like Detroit, Chicago, and ∑ Mrs. BOXER. Mr. President, I rise to pion in the community on behalf of Cleveland, by more than half. This, commemorate the 40th anniversary of those who cannot afford homes. The along with railroad improvements, al- Self-Help Enterprises. Self-Help is an mission of Habitat for Humanity is to lowed Michigan’s Upper Peninsula to organization that helps low-income end poverty housing ‘‘by uniting indi- fuel America’s industrial revolution. families build their own homes. Now in viduals, families and communities to Michigan was able to lead the nation in its 40th year, Self-Help Enterprises has build decent, affordable housing.’’ iron production for almost 50 years. been instrumental in building over Since its inception, Habitat for Hu- Even today, about 22 percent of the 5,000 new homes in the San Joaquin manity, Fresno has helped build over 35 iron ore produced in the United States Valley. homes. The process through which it comes from Marquette County alone. As its name implies, Self-Help aids helps to build homes demonstrates its In 1881, it became clear that new families that try to help themselves. dedication to its mission. Habitat for locks would be necessary to keep up The mission of Self-Help Enterprises Humanity stresses that it does not with growing traffic. Additionally, the stresses that of personal responsibility, build homes for families. It facilitates State did not have the funds to im- pride in ownership and community. the building of homes. While the dif- prove the existing locks, so they were Through its various programs Self-Help ference may seem slight, it is in fact transferred to the jurisdiction of the not only helps to build houses, it builds one of the sources of success for this Army Corps of Engineers, where they communities. organization. To qualify for aid from have been ever since. To qualify for help a family must Habitat for Humanity, families must The current lock system consists of a demonstrate that it is committed to show that they are invested in building total of four locks, two of which are building their own home and that it is a home. This investment, or dedica- shallower and no longer used. The dedicated to helping others in the com- tion, will serve as the foundation from other two, the MacArthur and the Poe munity. In this way, Self-Help ensures which a house is built. locks, were completed in 1943 and 1968 that a sense of community is built. Habitat for Humanity chooses its respectively. The MacArthur lock is Families receive counseling through families regardless of ethnicity. It pro- used most often and can accommodate every step of the home building process vides aid to low income families who ships of up to 800 feet in length. Larger and are taught, not shown, how to show a willingness to partner with the ships need to use the Poe lock as it can build a house so that they may take community. This willingness to part- handle ships of up to 1,000 feet in pride in their work. Each family must ner serves to perpetuate an altruistic length. There are plans to build a new contribute at least 40 hours of ‘‘sweat sense of participation and involvement lock in place of the two unused locks, equity’’ a week towards building their within the community. And indeed, but funding has not been appropriated. home, with a total of 1,300–1,500 hours Habitat for Humanity is fueled by the Common cargos that pass through the of labor. Self-Help calls this sweat eq- dedication and goodwill of volunteers. locks today include iron ore, lime- uity the family’s down payment. Fami- Since 1985, Habitat for Humanity has stone, coal, grain, cement, salt and lies are organized into groups of 10 or hosted over 7,000 volunteers. These vol- sand. 12. From these groups families work to unteers range in age, ethnicity, gender Today the Great Lakes shipping in- build each others’ homes. Through co- and occupation. The diverse back- dustry and the Soo Locks still allow operative work Self-Help Enterprises ground of these volunteers is represent- many industries to stay competitive. helps an average of 150 families build ative of the far reach that Habitat for The Soo Locks shaped the economy of homes each year. Humanity has in the community. the Great Lakes region, and the engi- Self-Help Enterprises also works on The homes they construct are built neers who helped design and construct Community Development Projects de- with the love, strength and dedication the locks truly deserve to be remem- signed to improve the infrastructure of a community. The mission of Habi- bered and honored.∑ present in low-income neighborhoods. tat for Humanity goes far beyond

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.068 S13PT1 S3552 CONGRESSIONAL RECORD — SENATE April 13, 2005 merely building houses. Through its prehensive water strategy to address future tion, Department of Transportation, trans- work in the community Habitat for water needs; to the Committee on Environ- mitting, pursuant to law, the report of a rule Humanity not only builds houses, it mental and Public Works. entitled ‘‘Airworthiness Directives: Boeing H.R. 482. An act to provide for a land ex- builds strength within the community Model 757 Series Airplanes’’ ((RIN2120–AA64) change involving Federal lands in the Lin- (2005–0160)) received on April 7, 2005; to the and confidence in its recipients. coln National Forest in the State of New Committee on Commerce, Science, and I congratulate Habitat for Humanity, Mexico, and for other purposes; to the Com- Transportation. Fresno on the celebration of its 20th mittee on Energy and Natural Resources. EC–1628. A communication from the Pro- anniversary and wish them continued H.R. 541. An act to direct the Secretary of gram Analyst, Federal Aviation Administra- success.∑ Agriculture to convey certain land to Lander tion, Department of Transportation, trans- County, Nevada, and the Secretary of the In- mitting, pursuant to law, the report of a rule f terior to convey certain land to Eureka entitled ‘‘Airworthiness Directives: Dassault MESSAGE FROM THE PRESIDENT County, Nevada, for continued use as ceme- Model Falcon 2000EX and 900EX Series Air- teries; to the Committee on Energy and Nat- planes’’ ((RIN2120–AA64) (2005–0161)) received A message from the President of the ural Resources. on April 7, 2005; to the Committee on Com- United States was communicated to H.R. 794. An act to correct the south merce, Science, and Transportation. the Senate by Mr. Kalbaugh, one of his boundary of the Colorado River Indian Res- EC–1629. A communication from the Pro- secretaries. ervation in Arizona, and for other purposes; gram Analyst, Federal Aviation Administra- to the Committee on Indian Affairs. tion, Department of Transportation, trans- f f mitting, pursuant to law, the report of a rule EXECUTIVE MESSAGE REFERRED entitled ‘‘Airworthiness Directives: McDon- EXECUTIVE AND OTHER nell Douglas Model DC 8 Airplanes’’ As in executive session the Presiding COMMUNICATIONS ((RIN2120–AA64) (2005–0146)) received on April Officer laid before the Senate a mes- The following communications were 7, 2005 ; to the Committee on Commerce, sage from the President of the United laid before the Senate, together with Science, and Transportation. EC–1630. A communication from the Pro- States submitting a nomination which accompanying papers, reports, and doc- was referred to the Committee on For- gram Analyst, Federal Aviation Administra- uments, and were referred as indicated: tion, Department of Transportation, trans- eign Relations. EC–1621. A communication from the Direc- mitting, pursuant to law, the report of a rule (The nomination received today is tor, National Oceanic and Atmospheric Ad- entitled ‘‘Airworthiness Directives: Pilatus printed at the end of the Senate pro- ministration, Department of Commerce, Aircraft Lrd. Models PC 12 and PC 12/45 Air- ceedings.) transmitting, pursuant to law, the Adminis- planes’’ ((RIN2120–AA64) (2005–0171)) received f tration’s 2005 annual report entitled ‘‘Atlan- on April 7, 2005; to the Committee on Com- tic Highly Migratory Species’’; to the Com- merce, Science, and Transportation. MESSAGE FROM THE HOUSE mittee on Commerce, Science, and Transpor- EC–1631. A communication from the Pro- tation. gram Analyst, Federal Aviation Administra- At 11:50 a.m., a message from the EC–1622. A communication from the Pro- tion, Department of Transportation, trans- House of Representatives, delivered by gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Ms. Niland, one of its reading clerks, tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: General announced that the House has passed mitting, pursuant to law, the report of a rule Electric Company CF6–80C2 Turbofan En- the following bills, in which it requests entitled ‘‘Airworthiness Directives: The gines; CORRECTION’’ ((RIN2120–AA64) (2005– the concurrence of the Senate: Cessna Aircraft Company Models 172R, 172S, 0166)) received on April 7, 2005; to the Com- 182T, and T182T Airplanes; REQUEST FOR mittee on Commerce, Science, and Transpor- H.R. 18. An act to authorize the Secretary COMMENTS’’ ((RIN2120–AA64) (2005–0173)) re- tation. of the Interior, acting through the Bureau of ceived on April 7, 2005; to the Committee on EC–1632. A communication from the Pro- Reclamation and in coordination with other Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Federal, State, and local government agen- EC–1623. A communication from the Pro- tion, Department of Transportation, trans- cies, to participate in the funding and imple- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mentation of a balanced, long-term ground- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Airbus water remediation program in California, mitting, pursuant to law, the report of a rule Model A330, A340–200, and A340–300 Series and for other purposes. entitled ‘‘Airworthiness Directives: The Airplanes; CORRECTION’’ ((RIN2120–AA64) H.R. 135. An act to establish the ‘‘Twenty- Cessna Aircraft Company Models 402C, and (2005–0167)) received on April 7, 2005; to the First Century Water Commission’’ to study 414A Airplanes’’ ((RIN2120–AA64) (2005–0174)) Committee on Commerce, Science, and and develop recommendations for a com- received on April 7, 2005; to the Committee Transportation. prehensive water strategy to address future on Commerce, Science, and Transportation. EC–1633. A communication from the Pro- water needs. EC–1624. A communication from the Pro- gram Analyst, Federal Aviation Administra- H.R. 482. An act to provide for a land ex- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- change involving Federal lands in the Lin- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule coln National Forest in the State of New mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Mexico, and for other purposes. entitled ‘‘Airworthiness Directives: Airbus Aerospatiale Model ATR 42–200, 300, and 320 H.R. 541. An act to direct the Secretary of Model A310 Series Airplanes; and Model A300 Series Airplanes’’ ((RIN2120–AA64) (2005– Agriculture to convey certain land to Lander B4–600, B4–600, B4–500R, and F4–600R Series 0157)) received on April 7, 2005; to the Com- County, Nevada, and the Secretary of the In- Airplanes, and Model C4 605R Variant F Air- mittee on Commerce, Science, and Transpor- terior to convey certain land to Eureka planes; REQUEST FOR COMMENTS’’ tation. County, Nevada, for continued use as ceme- ((RIN2120–AA64) (2005–0175)) received on April EC–1634. A communication from the Pro- teries. 7, 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- H.R. 794. An act to correct the south Science, and Transportation. tion, Department of Transportation, trans- boundary of the Colorado River Indian Res- EC–1625. A communication from the Pro- mitting, pursuant to law, the report of a rule ervation in Arizona, and for other purposes. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing f tion, Department of Transportation, trans- Model 747–100B SUD, 200B, 200C, 200F, and 300 mitting, pursuant to law, the report of a rule Series Airplanes’’ ((RIN2120–AA64) (2005– MEASURES REFERRED entitled ‘‘Airworthiness Directives: Honey- 0163)) received on April 7, 2005; to the Com- The following bills were read the first well International Inc. TFE731–2 and –3 Se- mittee on Commerce, Science, and Transpor- and the second times by unanimous ries Turbofan Engines’’ ((RIN2120–AA64) tation. (2005–0169)) received on April 7, 2005; to the EC–1635. A communication from the Pro- consent, and referred as indicated: Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- H.R. 18. An act to authorize the Secretary Transportation. tion, Department of Transportation, trans- of the Interior, acting through the Bureau of EC–1626. A communication from the Pro- mitting, pursuant to law, the report of a rule Reclamation and in coordination with other gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Airbus Federal, State, and local government agen- tion, Department of Transportation, trans- Model A319, A320, and A321 Series Airplanes’’ cies, to participate in the funding and imple- mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0164)) received on April mentation of a balanced, long-term ground- entitled ‘‘Airworthiness Directives: Boeing 7, 2005; to the Committee on Commerce, water remediation program in California, Model 767–200 and 300 Series Airplanes; COR- Science, and Transportation. and for other purposes; to the Committee on RECTION’’ ((RIN2120–AA64) (2005–0170)) re- EC–1636. A communication from the Pro- Energy and Natural Resources. ceived on April 7, 2005; to the Committee on gram Analyst, Federal Aviation Administra- H.R. 135. An act to establish the ‘‘Twenty- Commerce, Science, and Transportation. tion, Department of Transportation, trans- First Century Water Commission’’ to study EC–1627. A communication from the Pro- mitting, pursuant to law, the report of a rule and develop recommendations for a com- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Airbus

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.070 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3553 Model A300 B4300 622R and A300 F4 622R Air- EC–1645. A communication from the Pro- Model 737–300, 400, and 500 Series Airplanes planes’’ ((RIN2120–AA64) (2005–0165)) received gram Analyst, Federal Aviation Administra- Modified in Accordance with Supplemental on April 7, 2005; to the Committee on Com- tion, Department of Transportation, trans- Type Certificate’’ ((RIN2120–AA64) (2005– merce, Science, and Transportation. mitting, pursuant to law, the report of a rule 0143)) received on April 7, 2005; to the Com- EC–1637. A communication from the Pro- entitled ‘‘Airworthiness Directives: Empresa mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- Brasileira de Aeronautica Model EMB 135 tation. tion, Department of Transportation, trans- and 145 Series Airplanes’’ ((RIN2120–AA64) EC–1655. A communication from the Pro- mitting, pursuant to law, the report of a rule (2005–0153)) received on April 7, 2005; to the gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing Committee on Commerce, Science, and tion, Department of Transportation, trans- Model 727 Airplanes’’ ((RIN2120–AA64) (2005– Transportation. mitting, pursuant to law, the report of a rule 0150)) received on April 7, 2005; to the Com- EC–1646. A communication from the Pro- entitled ‘‘Airworthiness Directives: Boeing mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- 737–600, 700, 700C, 800, and 900 Series Air- tation. tion, Department of Transportation, trans- planes’’ ((RIN2120–AA64) (2005–0139)) received EC–1638. A communication from the Pro- mitting, pursuant to law, the report of a rule on April 7, 2005; to the Committee on Com- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Eagle merce, Science, and Transportation. tion, Department of Transportation, trans- Aircraft Sdn. Bhd. Model Eagle 150B Air- EC–1656. A communication from the Pro- mitting, pursuant to law, the report of a rule planes’’ ((RIN2120–AA64) (2005–0154)) received gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing on April 7, 2005; to the Committee on Com- tion, Department of Transportation, trans- Model 747–100, 100B, 100B SUD, 200B, 200C, merce, Science, and Transportation. mitting, pursuant to law, the report of a rule 200F and 300 Series Airplanes and Model EC–1647. A communication from the Pro- entitled ‘‘Airworthiness Directives: 747ST and 747SR Series Airplanes; Equipped gram Analyst, Federal Aviation Administra- Eurocopter France Model EC 155B and EC with Pratt and Whitney Model JT9D–3 or –7 tion, Department of Transportation, trans- 155B1 Helicopters’’ ((RIN2120–AA64) (2005– Series Engines’’ ((RIN2120–AA64) (2005–0151)) mitting, pursuant to law, the report of a rule 0140)) received on April 7, 2005; to the Com- received on April 7, 2005; to the Committee entitled ‘‘Airworthiness Directives: Pratt mittee on Commerce, Science, and Transpor- on Commerce, Science, and Transportation. and Whitney JT9D–59A, 70A, 7Q and 7Q3 Tur- tation. EC–1639. A communication from the Pro- bofan Engines’’ ((RIN2120–AA64) (2005–0155)) EC–1657. A communication from the Pro- gram Analyst, Federal Aviation Administra- received on April 7, 2005; to the Committee gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- on Commerce, Science, and Transportation. tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule EC–1648. A communication from the Pro- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Airbus gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Short Model A300 B2 and B4 Series Airplanes; A300 tion, Department of Transportation, trans- Brothers Model SD3 60 Series Airplanes’’ B4–600, B4–600R, and F4–600R Series Air- mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0127)) received on April planes, and Model C4–605R Variant F Air- entitled ‘‘Airworthiness Directives: Rolls 7, 2005; to the Committee on Commerce, planes (Collectively Called A300–600); and Royce plc Models 768–60, 772–60, and 772B–60 Science, and Transportation. A310 Series Airplanes’’ ((RIN2120–AA64) (2005– Turbofan Engines’’ ((RIN2120–AA64) (2005– EC–1658. A communication from the Pro- 0162)) received on April 7, 2005; to the Com- 0156)) received on April 7, 2005; to the Com- gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- tation. mitting, pursuant to law, the report of a rule EC–1640. A communication from the Pro- tation. EC–1649. A communication from the Pro- entitled ‘‘Airworthiness Directives: gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Eurocopter France Model AS350B, BA, B1, tion, Department of Transportation, trans- tion, Department of Transportation, trans- B2, B3, C, D, D1, and EC130 B4 Helicopters’’ mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0128)) received on April entitled ‘‘Airworthiness Directives: Boeing entitled ‘‘Airworthiness Directives: McDon- 7, 2005; to the Committee on Commerce, Model 747 200B, 200C, 200F, 300, and 747SR Se- nell Douglas Model MD 90 30 Airplanes’’ Science, and Transportation. ries Airplanes Equipped with General Elec- EC–1659. A communication from the Pro- tric CF6–45 or 50 Series Engines’’ ((RIN2120– ((RIN2120–AA64) (2005–0144)) received on April gram Analyst, Federal Aviation Administra- AA64) (2005–0168)) received on April 7, 2005; to 7, 2005; to the Committee on Commerce, tion, Department of Transportation, trans- the Committee on Commerce, Science, and Science, and Transportation. EC–1650. A communication from the Pro- mitting, pursuant to law, the report of a rule Transportation. EC–1641. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Eurocopter France Model EC 155B, EC155B1, tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule SA 360C, SA 365C, SA 365C1, SA 365C2, SA mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Boeing 365N, SA 365N1, AS 365N2, AS 365 N3, and SA entitled ‘‘Airworthiness Directives: Airbus Model 757–200 Series Airplanes’’ ((RIN2120– 366G1 Helicopters’’ ((RIN2120–AA64) (2005– Model A300 B4–600, 600R, and F4–600R Series AA64) (2005–0145)) received on April 7, 2005; to 0129)) received on April 7, 2005; to the Com- Airplanes, and Model C4–605R Variant F Air- the Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- planes; and Model A310 Series Airplanes; Transportation. tation. Equipped with Certain Honeywell Inertial EC–1651. A communication from the Pro- EC–1660. A communication from the Pro- Reference Units’’ ((RIN2120–AA64) (2005–0148)) gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- received on April 7, 2005; to the Committee tion, Department of Transportation, trans- tion, Department of Transportation, trans- on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–1642. A communication from the Pro- entitled ‘‘Airworthiness Directives: BAE entitled ‘‘Airworthiness Directives: Airbus gram Analyst, Federal Aviation Administra- Systems Limited Model BAe 146 Series Air- Model A300 B2 and B4 Series Airplanes’’ tion, Department of Transportation, trans- planes’’ ((RIN2120–AA64) (2005–0147)) received ((RIN2120–AA64) (2005–0130)) received on April mitting, pursuant to law, the report of a rule on April 7, 2005; to the Committee on Com- 7, 2005; to the Committee on Commerce, entitled ‘‘Airworthiness Directives: BAE merce, Science, and Transportation. Science, and Transportation. Limited Model BAE 146 and Avro 146RJ Se- EC–1652. A communication from the Pro- EC–1661. A communication from the Pro- ries Airplanes’’ ((RIN2120–AA64) (2005–0158)) gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- received on April 7, 2005; to the Committee tion, Department of Transportation, trans- tion, Department of Transportation, trans- on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–1643. A communication from the Pro- entitled ‘‘Airworthiness Directives: BAE entitled ‘‘Airworthiness Directives: Bom- gram Analyst, Federal Aviation Administra- Systems Limited Model 4101 Airplanes’’ bardier Model CL 600–2B19 Airplanes’’ tion, Department of Transportation, trans- ((RIN2120–AA64) (2005–0149)) received on April ((RIN2120–AA64) (2005–0120)) received on April mitting, pursuant to law, the report of a rule 7, 2005; to the Committee on Commerce, 7, 2005; to the Committee on Commerce, entitled ‘‘Airworthiness Directives: McDon- Science, and Transportation. Science, and Transportation. nell Douglas Model MD 90 30 Airplanes’’ EC–1653. A communication from the Pro- EC–1662. A communication from the Pro- ((RIN2120–AA64) (2005–0159)) received on April gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- 7, 2005; to the Committee on Commerce, tion, Department of Transportation, trans- tion, Department of Transportation, trans- Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–1644. A communication from the Pro- entitled ‘‘Airworthiness Directives: Dornier entitled ‘‘Airworthiness Directives: Gulf- gram Analyst, Federal Aviation Administra- Model 328–300 Series Airplanes’’ ((RIN2120– stream Model GV SP Series Airplanes’’ tion, Department of Transportation, trans- AA64) (2005–0142)) received on April 7, 2005; to ((RIN2120–AA64) (2005–0119)) received on April mitting, pursuant to law, the report of a rule the Committee on Commerce, Science, and 7, 2005; to the Committee on Commerce, entitled ‘‘Airworthiness Directives: Boeing Transportation. Science, and Transportation. Model 757–200, 200CB, and 200PF Series Air- EC–1654. A communication from the Pro- EC–1663. A communication from the Pro- planes Equipped with Rolls Royce Model gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- RB211 Engines’’ ((RIN2120–AA64) (2005–0152)) tion, Department of Transportation, trans- tion, Department of Transportation, trans- received on April 7, 2005; to the Committee mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Boeing entitled ‘‘Airworthiness Directives: General

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.026 S13PT1 S3554 CONGRESSIONAL RECORD — SENATE April 13, 2005 Electric Company CT58 Series and Surplus mitting, pursuant to law, the report of a rule received on April 4, 2005; to the Committee Military T58 Series Turboshaft Engines’’ entitled ‘‘Establishment of Class E Airspace; on Commerce, Science, and Transportation. ((RIN2120–AA64) (2005–0124)) received on April Mifflintown, PA’’ ((RIN2120–AA66) (2005– EC–1683. A communication from the Pro- 7, 2005; to the Committee on Commerce, 0080)) received on April 4, 2005; to the Com- gram Analyst, Federal Aviation Administra- Science, and Transportation. mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- EC–1664. A communication from the Pro- tation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–1673. A communication from the Pro- entitled ‘‘Modification of Class E Airspace; tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Macon, MO’’ ((RIN2120–AA66) (2005–0075)) re- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- ceived on April 4, 2005; to the Committee on entitled ‘‘Airworthiness Directives: Bom- mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. bardier Model CL 600 2B19 Airplanes and entitled ‘‘Establishment of Class E Airspace; EC–1684. A communication from the Pro- Model CL 600 1A11, 2A12, and CL 600 2B16, Se- Beluga, AK’’ ((RIN2120–AA66) (2005–0065)) re- gram Analyst, Federal Aviation Administra- ries Airplanes’’ ((RIN2120–AA64) (2005–0123)) ceived on April 4, 2005; to the Committee on tion, Department of Transportation, trans- received on April 7, 2005; to the Committee Commerce, Science, and Transportation; to mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. the Committee on Commerce, Science, and entitled ‘‘Modification of Class E Airspace; EC–1665. A communication from the Pro- Transportation. Neosho, MO’’ ((RIN2120–AA66) (2005–0076)) re- gram Analyst, Federal Aviation Administra- EC–1674. A communication from the Pro- ceived on April 4, 2005; to the Committee on tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–1685. A communication from the Pro- entitled ‘‘Airworthiness Directives: COR- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- RECTION - Raytheon Aircraft Company 90, entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- 99, 100, 200, and 300 Series Airplanes ‘‘ Red Dog, AK’’ ((RIN2120–AA66) (2005–0059)) re- mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0137)) received on April ceived on April 4, 2005; to the Committee on entitled ‘‘Modification of Class E Airspace; 7, 2005; to the Committee on Commerce, Commerce, Science, and Transportation. Rolla/Vichy, MO’’ ((RIN2120–AA66) (2005– Science, and Transportation. EC–1675. A communication from the Pro- 0077)) received on April 4, 2005; to the Com- EC–1666. A communication from the Pro- gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- tation. tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule EC–1686. A communication from the Pro- mitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Bell Hel- Badami, AK’’ ((RIN2120–AA66) (2005–0060)) re- tion, Department of Transportation, trans- icopter Textron Canada Model 407 Heli- ceived on April 4, 2005; to the Committee on mitting, pursuant to law, the report of a rule copters’’ ((RIN2120–AA64) (2005–0136)) re- Commerce, Science, and Transportation. entitled ‘‘Modification of Class E Airspace; ceived on April 7, 2005; to the Committee on EC–1676. A communication from the Pro- Mount Comfort, IN’’ ((RIN2120–AA66) (2005– Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- 0070)) received on April 4, 2005; to the Com- EC–1667. A communication from the Pro- tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tation. tion, Department of Transportation, trans- entitled ‘‘Establishment of Class E Airspace; EC–1687. A communication from the Pro- mitting, pursuant to law, the report of a rule Haines, AK’’ ((RIN2120–AA66) (2005–0058)) re- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing ceived on April 4, 2005; to the Committee on tion, Department of Transportation, trans- Model 767–200 and 300 Series Airplanes’’ Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0135)) received on April EC–1677. A communication from the Pro- entitled ‘‘Modification of Class E Airspace; 7, 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- Hibbing, MN’’ ((RIN2120–AA66) (2005–0069)) re- Science, and Transportation. tion, Department of Transportation, trans- ceived on April 4, 2005; to the Committee on EC–1668. A communication from the Pro- mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- entitled ‘‘Establishment of Class E Airspace; EC–1688. A communication from the Pro- tion, Department of Transportation, trans- Angoon, AK’’ ((RIN2120–AA66) (2005–0064)) re- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule ceived on April 4, 2005; to the Committee on tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Rolls- Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule Royce Deutschland Ltd. and Co KG Model EC–1678. A communication from the Pro- entitled ‘‘Modification of Class E Airspace; Tay 611–8, 620–15, 650–15, and 651–54 Turbofan gram Analyst, Federal Aviation Administra- Mean, AR’’ ((RIN2120–AA66) (2005–0066)) re- Engines’’ ((RIN2120–AA64) (2005–0138)) re- tion, Department of Transportation, trans- ceived on April 4, 2005; to the Committee on ceived on April 7, 2005; to the Committee on mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. Commerce, Science, and Transportation. entitled ‘‘Establishment of Class E Airspace; EC–1689. A communication from the Pro- EC–1669. A communication from the Pro- Kulik Lake, AK’’ ((RIN2120–AA66) (2005–0057)) gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- received on April 4, 2005; to the Committee tion, Department of Transportation, trans- tion, Department of Transportation, trans- on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–1679. A communication from the Pro- entitled ‘‘Modification of Class E Airspace; entitled ‘‘Airworthiness Directives: gram Analyst, Federal Aviation Administra- Mountain Grove, MO’’ ((RIN2120–AA66) (2005– Raytheon Model DH 125, HS 125, and BH 125 tion, Department of Transportation, trans- 0068)) received on April 4, 2005; to the Com- Series Airplanes; BAe 125 Series 800A, and mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- 800B Airplanes; and Hawker 800 and 800XP entitled ‘‘Establishment of Class E Airspace; tation. Airplanes; Equipped with TFE731 Engines’’ Prospect Creek, AK’’ ((RIN2120–AA66) (2005– EC–1690. A communication from the Pro- ((RIN2120–AA64) (2005–0132)) received on April 0056)) received on April 4, 2005; to the Com- gram Analyst, Federal Aviation Administra- 7, 2005; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- Science, and Transportation. tation. mitting, pursuant to law, the report of a rule EC–1670. A communication from the Pro- EC–1680. A communication from the Pro- entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Lexington, MO; CONFIRMATION OF EF- tion, Department of Transportation, trans- tion, Department of Transportation, trans- FECTIVE DATE’’ ((RIN2120–AA66) (2005– mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule 0049)) received on April 4, 2005; to the Com- entitled ‘‘Airworthiness Directives: BAE entitled ‘‘Establishment of Class E Airspace; mittee on Commerce, Science, and Transpor- Systems Limited Model BAe 146 Series Air- Seward, AK’’ ((RIN2120–AA66) (2005–0055)) re- tation. planes and Model Avro 146 RJ Series Air- ceived on April 4, 2005; to the Committee on EC–1691. A communication from the Pro- planes’’ ((RIN2120–AA64) (2005–0133)) received Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- on April 7, 2005; to the Committee on Com- EC–1681. A communication from the Pro- tion, Department of Transportation, trans- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule EC–1671. A communication from the Pro- tion, Department of Transportation, trans- entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Rolla, MO’’ ((RIN2120–AA66) (2005–0046)) re- tion, Department of Transportation, trans- entitled ‘‘Establishment of Class E Airspace; ceived on April 4, 2005; to the Committee on mitting, pursuant to law, the report of a rule Annette Island, Metlakatia, AK’’ ((RIN2120– Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Bell Hel- AA66) (2005–0061)) received on April 4, 2005; to EC–1692. A communication from the Pro- icopter Textron A Division of Textron Can- the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- ada Model 222, 222B, 222U, and 230 Heli- Transportation. tion, Department of Transportation, trans- copters’’ ((RIN2120–AA64) (2005–0134)) re- EC–1682. A communication from the Pro- mitting, pursuant to law, the report of a rule ceived on April 7, 2005; to the Committee on gram Analyst, Federal Aviation Administra- entitled ‘‘Modification of Class E Airspace; Commerce, Science, and Transportation. tion, Department of Transportation, trans- Rolla/Vivhy, MO’’ ((RIN2120–AA66) (2005– EC–1672. A communication from the Pro- mitting, pursuant to law, the report of a rule 0047)) received on April 4, 2005; to the Com- gram Analyst, Federal Aviation Administra- entitled ‘‘Modification of Class E Airspace; mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- Coffeyville, KS’’ ((RIN2120–AA66) (2005–0078)) tation.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.028 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3555 EC–1693. A communication from the Pro- *Luis Luna, of Maryland, to be an Assist- By Mr. JOHNSON (for himself, Mr. gram Analyst, Federal Aviation Administra- ant Administrator of the Environmental THUNE, Mr. DAYTON, Mr. LAUTEN- tion, Department of Transportation, trans- Protection Agency. BERG, Mr. KENNEDY, and Mr. ROCKE- mitting, pursuant to law, the report of a rule *Stephen L. Johnson, of Maryland, to be FELLER): entitled ‘‘Modification of Class E Airspace; Administrator of the Environmental Protec- S. 776. A bill to designate certain functions Boone, IA; CONFIRMATION OF EFFECTIVE tion Agency. performed at flight service stations of the DATE’’ ((RIN2120–AA66) (2005–0048)) received *D. Michael Rappoport, of Arizona, to be a Federal Aviation Administration as inher- on April 4, 2005; to the Committee on Com- Member of the Board of Trustees of the Mor- ently governmental functions, and for other merce, Science, and Transportation. ris K. Udall Scholarship and Excellence in purposes; to the Committee on Commerce, EC–1694. A communication from the Pro- National Environmental Policy Foundation Science, and Transportation. gram Analyst, Federal Aviation Administra- for a term expiring October 6, 2008. By Mr. SARBANES: tion, Department of Transportation, trans- *Michael Butler, of Tennessee, to be a S. 777. A bill to designate Catoctin Moun- mitting, pursuant to law, the report of a rule Member of the Board of Trustees of the Mor- tain Park in the State of Maryland as the entitled ‘‘Modification of Class E Airspace; ris K. Udall Scholarship and Excellence in ‘‘Catoctin Mountain National Recreation Coffeyville, KS’’ ((RIN2120–AA66) (2005–0053)) National Environmental Policy Foundation Area’’, and for other purposes; to the Com- received on April 4, 2005; to the Committee for a term expiring October 6, 2008. mittee on Energy and Natural Resources. on Commerce, Science, and Transportation. *Major General Don T. Riley, United By Mrs. BOXER (for herself and Mr. EC–1695. A communication from the Pro- States Army, to be a Member and President LAUTENBERG): gram Analyst, Federal Aviation Administra- of the Mississippi River Commission. S. 778. A bill to amend title XVIII and XIX tion, Department of Transportation, trans- *Brigadier General William T. Grisoli, of the Social Security Act to require a phar- mitting, pursuant to law, the report of a rule United States Army, to be a Member of the macy that receives payments or has con- entitled ‘‘Modification of Class E Airspace; Mississippi River Commission. tracts under the medicare and medicaid pro- Nevada, MO’’ ((RIN2120–AA66) (2005–0041)) re- *Nomination was reported with rec- grams to ensure that all valid prescriptions ceived on April 4, 2005; to the Committee on ommendation that it be confirmed sub- are filled without unnecessary delay or in- Commerce, Science, and Transportation. ject to the nominee’s commitment to terference; to the Committee on Finance. By Mr. DORGAN (for himself and Mr. EC–1696. A communication from the Pro- respond to requests to appear and tes- gram Analyst, Federal Aviation Administra- LEVIN): tion, Department of Transportation, trans- tify before any duly constituted com- S. 779. A bill to amend the Internal Rev- mitting, pursuant to law, the report of a rule mittee of the Senate. enue Code of 1986 to treat controlled foreign entitled ‘‘Modification of Class E Airspace; f corporations established in tax havens as do- Ozark, MO’’ ((RIN2120–AA66) (2005–0040)) re- mestic corporations; to the Committee on ceived on April 4, 2005; to the Committee on INTRODUCTION OF BILLS AND Finance. Commerce, Science, and Transportation. JOINT RESOLUTIONS f The following bills and joint resolu- f SUBMISSION OF CONCURRENT AND tions were introduced, read the first REPORTS OF COMMITTEES SENATE RESOLUTIONS and second times by unanimous con- The following reports of committees sent, and referred as indicated: The following concurrent resolutions were submitted: By Ms. SNOWE: and Senate resolutions were read, and By Ms. COLLINS, from the Committee on S. 769. A bill to enhance compliance assist- referred (or acted upon), as indicated: Homeland Security and Governmental Af- ance for small businesses; to the Committee By Mr. SALAZAR (for himself and Mr. fairs: on Small Business and Entrepreneurship. ALLARD): Special Report entitled ‘‘The Role of Pro- By Mr. LEVIN (for himself, Ms. COL- S. Res. 106. A resolution congratulating the fessional Firms in the U.S. Tax Shelter In- LINS, Mr. JEFFORDS, Ms. STABENOW, University of Denver Pioneers men’s hockey dustry’’ (Rept. No. 109–54). Mr. DEWINE, Mr. BAYH, Mr. DAYTON, team, 2005 National Collegiate Athletic Asso- By Ms. COLLINS, from the Committee on Mr. LEAHY, Mr. KENNEDY, Mr. REED, ciation Division I Hockey Champions; con- Homeland Security and Governmental Af- Mr. LAUTENBERG, Mr. WARNER, and sidered and agreed to. fairs: Mr. AKAKA): f Special Report entitled ‘‘Profiteering in a S. 770. A bill to amend the Nonindigenous Non-Profit Industry: Abusive Practices in Aquatic Nuisance Prevention and Control ADDITIONAL COSPONSORS Credit Counseling’’ (Rept. No. 109-55). Act of 1990 to reauthorize and improve that S. 65 By Mr. STEVENS, from the Committee on Act; to the Committee on Environment and At the request of Mr. INHOFE, the Commerce, Science, and Transportation, Public Works. with an amendment: By Mr. ALLARD: names of the Senator from Mississippi S. 362. A bill to establish a program within S. 771. A bill to better assist low-income (Mr. COCHRAN) and the Senator from the National Oceanic and Atmospheric Ad- families to obtain decent, safe, and afford- Texas (Mr. CORNYN) were added as co- ministration and the United States Coast able housing as a means of increasing their sponsors of S. 65, a bill to amend the Guard to help identify, determine sources of, economic and personal well-being through age restrictions for pilots. assess, reduce, and prevent marine debris the conversion of the existing section 8 hous- S. 172 and its adverse impacts on the marine envi- ing choice voucher program into a flexible At the request of Mr. DEWINE, the ronment and navigation safety, in coordina- voucher program, and for other purposes; to tion with non-Federal entities, and for other the Committee on Banking, Housing, and names of the Senator from North Da- purposes (Rept. No. 109–56). Urban Affairs. kota (Mr. DORGAN), the Senator from By Mr. STEVENS, from the Committee on By Mr. CORNYN (for himself and Mr. Maine (Ms. COLLINS), the Senator from Commerce, Science, and Transportation, HARKIN): Iowa (Mr. HARKIN) and the Senator without amendment: S. 772. A bill to amend the Internal Rev- from North Carolina (Mr. BURR) were S. 39. A bill to establish a coordinated na- enue Code of 1986 to expand workplace health added as cosponsors of S. 172, a bill to tional ocean exploration program within the incentives by equalizing the tax con- amend the Federal Food, Drug, and sequences of employee athletic facility use; National Oceanic and Atmospheric Adminis- Cosmetic Act to provide for the regula- tration (Rept. No. 109–57). to the Committee on Finance. S. 148. A bill to establish a United States By Mr. CORZINE: tion of all contact lenses as medical de- Boxing Commission to administer the Act, S. 773. A bill to ensure the safe and secure vices, and for other purposes. and for other purposes (Rept. No. 109–58). transportation by rail of extremely haz- S. 288 ardous materials; to the Committee on Com- f At the request of Mr. GREGG, the merce, Science, and Transportation. name of the Senator from Oregon (Mr. EXECUTIVE REPORTS OF By Mr. BUNNING: SMITH) was added as a cosponsor of S. COMMITTEES S. 774. A bill to amend the Internal Rev- enue Code of 1986 to repeal the 1993 income 288, a bill to extend Federal funding for The following executive reports of tax increase on Social Security benefits; to operation of State high risk health in- committees were submitted: the Committee on Finance. surance pools. By Mr. DOMENICI for the Committee on By Mr. INHOFE (for himself and Mr. S. 289 Energy and Natural Resources. COBURN): At the request of Mr. DEWINE, the *David Garman, of Virginia, to be Under S. 775. A bill to designate the facility of name of the Senator from Illinois (Mr. Secretary of Energy. the United States Postal Service located at By Mr. INHOFE for the Committee on En- 123 W. 7th Street in Holdenville, Oklahoma, DURBIN) was added as a cosponsor of S. vironment and Public Works. as the ‘‘Boone Pickens Post Office’’; to the 289, a bill to authorize an annual appro- *John Paul Woodley, Jr., of Virginia, to be Committee on Homeland Security and Gov- priation of $10,000,000 for mental health an Assistant Secretary of the Army. ernmental Affairs. courts through fiscal year 2011.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.029 S13PT1 S3556 CONGRESSIONAL RECORD — SENATE April 13, 2005 S. 300 S. 557 to be proposed to H.R. 1268, making At the request of Ms. COLLINS, the At the request of Mr. COBURN, the emergency supplemental appropria- names of the Senator from Missouri name of the Senator from South Caro- tions for the fiscal year ending Sep- (Mr. TALENT) and the Senator from lina (Mr. DEMINT) was added as a co- tember 30, 2005, to establish and rapidly Michigan (Ms. STABENOW) were added sponsor of S. 557, a bill to provide that implement regulations for State driv- as cosponsors of S. 300, a bill to extend Executive Order 13166 shall have no er’s license and identification docu- the temporary increase in payments force or effect, to prohibit the use of ment security standards, to prevent under the medicare program for home funds for certain purposes, and for terrorists from abusing the asylum health services furnished in a rural other purposes. laws of the United States, to unify ter- area. S. 582 rorism-related grounds for inadmis- S. 308 At the request of Mr. HAGEL, his sibility and removal, to ensure expedi- At the request of Mr. LAUTENBERG, name was added as a cosponsor of S. tious construction of the San Diego the name of the Senator from New 582, a bill to require the Secretary of border fence, and for other purposes. York (Mrs. CLINTON) was added as a co- the Treasury to mint coins in com- AMENDMENT NO. 333 sponsor of S. 308, a bill to require that memoration of the 50th anniversary of At the request of Mr. KERRY, the Homeland Security grants related to the desegregation of the Little Rock names of the Senator from New Jersey terrorism preparedness and prevention Central High School in Little Rock, (Mr. LAUTENBERG), the Senator from Il- be awarded based strictly on an assess- Arkansas, and for other purposes. linois (Mr. DURBIN), the Senator from ment of risk, threat, and S. 633 West Virginia (Mr. BYRD) and the Sen- vulnerabilities. At the request of Mr. JOHNSON, the ator from Arkansas (Mrs. LINCOLN) S. 352 name of the Senator from Washington were added as cosponsors of amend- At the request of Ms. MIKULSKI, the (Mrs. MURRAY) was added as a cospon- ment No. 333 proposed to H.R. 1268, name of the Senator from Louisiana sor of S. 633, a bill to require the Sec- making emergency supplemental ap- (Ms. LANDRIEU) was added as a cospon- retary of the Treasury to mint coins in propriations for the fiscal year ending sor of S. 352, a bill to revise certain re- commemoration of veterans who be- September 30, 2005, to establish and quirements for H–2B employers and re- came disabled for life while serving in rapidly implement regulations for quire submission of information re- the Armed Forces of the United States. State driver’s license and identifica- garding H–2B non-immigrants, and for S. 697 tion document security standards, to other purposes. At the request of Mr. OBAMA, the prevent terrorists from abusing the S. 357 name of the Senator from Illinois (Mr. asylum laws of the United States, to At the request of Mr. BINGAMAN, the DURBIN) was added as a cosponsor of S. unify terrorism-related grounds for in- name of the Senator from Illinois (Mr. 697, a bill to amend the Higher Edu- admissibility and removal, to ensure DURBIN) was added as a cosponsor of S. cation Act of 1965 to improve higher expeditious construction of the San 357, a bill to expand and enhance education, and for other purposes. Diego border fence, and for other pur- postbaccalaureate opportunities at His- poses. panic-serving institutions, and for S. 757 other purposes. At the request of Ms. CANTWELL, her AMENDMENT NO. 334 name was added as a cosponsor of S. S. 382 At the request of Mr. KERRY, the 757, a bill to amend the Public Health At the request of Mr. ENSIGN, the names of the Senator from New Jersey Service Act to authorize the Director name of the Senator from New York (Mr. LAUTENBERG), the Senator from of the National Institute of Environ- (Mr. SCHUMER) was added as a cospon- Colorado (Mr. SALAZAR), the Senator mental Health Sciences to make grants sor of S. 382, a bill to amend title 18, from Illinois (Mr. DURBIN), the Senator for the development and operation of United States Code, to strengthen pro- from West Virginia (Mr. BYRD) and the research centers regarding environ- hibitions against animal fighting, and Senator from Arkansas (Mrs. LINCOLN) mental factors that may be related to for other purposes. were added as cosponsors of amend- the etiology of breast cancer. S. 424 ment No. 334 proposed to H.R. 1268, S. 758 At the request of Mr. BOND, the name making emergency supplemental ap- of the Senator from Hawaii (Mr. At the request of Mr. ALLEN, the propriations for the fiscal year ending AKAKA) was added as a cosponsor of S. name of the Senator from South Caro- September 30, 2005, to establish and 424, a bill to amend the Public Health lina (Mr. DEMINT) was added as a co- rapidly implement regulations for Service Act to provide for arthritis re- sponsor of S. 758, a bill to amend the State driver’s license and identifica- search and public health, and for other Internal Revenue Code of 1986 to ensure tion document security standards, to purposes. that the federal excise tax on commu- prevent terrorists from abusing the nication services does not apply to S. 432 asylum laws of the United States, to internet access service. At the request of Mr. ALLEN, the unify terrorism-related grounds for in- names of the Senator from Arkansas S. 765 admissibility and removal, to ensure (Mr. PRYOR) and the Senator from At the request of Mr. WARNER, the expeditious construction of the San Montana (Mr. BURNS) were added as co- name of the Senator from Hawaii (Mr. Diego border fence, and for other pur- sponsors of S. 432, a bill to establish a AKAKA) was added as a cosponsor of S. poses. digital and wireless network tech- 765, a bill to preserve mathematics- and AMENDMENT NO. 340 science-based industries in the United nology program, and for other pur- At the request of Mr. DEWINE, the poses. States. names of the Senator from North Caro- S. 438 S. CON. RES. 17 lina (Mrs. DOLE), the Senator from At the request of Mr. ENSIGN, the At the request of Mr. BIDEN, the Massachusetts (Mr. KENNEDY), the Sen- name of the Senator from Massachu- name of the Senator from New York ator from Colorado (Mr. SALAZAR) and setts (Mr. KERRY) was added as a co- (Mrs. CLINTON) was added as a cospon- the Senator from New Jersey (Mr. sponsor of S. 438, a bill to amend title sor of S. Con. Res. 17, a concurrent res- CORZINE) were added as cosponsors of XVIII of the Social Security Act to re- olution calling on the North Atlantic amendment No. 340 intended to be pro- peal the medicare outpatient rehabili- Treaty Organization to assess the po- posed to H.R. 1268, making emergency tation therapy caps. tential effectiveness of and require- supplemental appropriations for the S. 467 ments for a NATO-enforced no-fly zone fiscal year ending September 30, 2005, At the request of Mr. DODD, the name in the Darfur region of Sudan. to establish and rapidly implement of the Senator from Illinois (Mr. AMENDMENT NO. 316 regulations for State driver’s license OBAMA) was added as a cosponsor of S. At the request of Mr. NELSON of Flor- and identification document security 467, a bill to extend the applicability of ida, the name of the Senator from Illi- standards, to prevent terrorists from the Terrorism Risk Insurance Act of nois (Mr. OBAMA) was added as a co- abusing the asylum laws of the United 2002. sponsor of amendment No. 316 intended States, to unify terrorism-related

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.024 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3557 grounds for inadmissibility and re- amendment No. 356 proposed to H.R. not maintain the staff, or possess the moval, to ensure expeditious construc- 1268, supra. resources to answer these questions. tion of the San Diego border fence, and f This is a disadvantage when compared for other purposes. to larger businesses, and reduces the STATEMENTS ON INTRODUCED AMENDMENT NO. 341 effectiveness of the agency’s regula- BILLS AND JOINT RESOLUTIONS At the request of Mr. DEWINE, the tions. The SBA’s Office of Advocacy names of the Senator from Massachu- has determined that regulatory compli- By Ms. SNOWE: ance costs small businesses with less setts (Mr. KENNEDY), the Senator from S. 769. A bill to enhance compliance New Jersey (Mr. CORZINE) and the Sen- than 20 employees almost $7,000 per assistance for small businesses; to the employee, compared to almost $4,500 ator from Colorado (Mr. SALAZAR) were Committee on Small Business and En- added as cosponsors of amendment No. for companies with more than 500 em- trepreneurship. ployees. If an agency can not describe 341 intended to be proposed to H.R. Ms. SNOWE. Mr. President, as Chair 1268, making emergency supplemental how to comply with its regulation, how of the Senate Committee on Small can we expect a small business to fig- appropriations for the fiscal year end- Business and Entrepreneurship, regu- ing September 30, 2005, to establish and ure it out? This is the reason the re- latory fairness remains one of my top quirement to provide compliance as- rapidly implement regulations for priorities. In 1996, I was pleased to sup- State driver’s license and identifica- sistance was originally included in port, along with all of my colleagues, SBREFA. That reason is as valid today tion document security standards, to the Small Business Regulatory En- prevent terrorists from abusing the as it was in 1996. forcement Fairness Act, SBREFA, Specifically, my bill would do the fol- asylum laws of the United States, to which made the Regulatory Flexibility unify terrorism-related grounds for in- lowing: Act more effective in curtailing the Clarify how a guide shall be des- admissibility and removal, to ensure impact of regulations on small busi- expeditious construction of the San ignated: Section 212 of SBREFA cur- nesses. One of the most important pro- rently requires that agencies ‘‘des- Diego border fence, and for other pur- visions of SBREFA compels agencies to poses. ignate’’ the publications prepared produce compliance assistance mate- under the section as small entity com- AMENDMENT NO. 342 rials to help small businesses satisfy pliance guides. However, the form in At the request of Mr. DEWINE, the the requirements of agency regula- which those designations should occur names of the Senator from Tennessee tions. Unfortunately, over the years, is not clear. Consistent use of the (Mr. ALEXANDER), the Senator from Il- agencies have failed to achieve this re- phrase ‘‘Small Entity Compliance linois (Mr. DURBIN), the Senator from quirement. Consequently, small busi- Guide’’ in the title could make it easier Oregon (Mr. SMITH), the Senator from nesses have been forced to figure out for small entities to locate the guides Pennsylvania (Mr. SPECTER), the Sen- on their own how to comply with these that the agencies develop. This would ator from New Jersey (Mr. LAUTEN- regulations. This makes compliance also aid in using on line searches—a BERG) and the Senator from Massachu- that much more difficult to achieve, technology that was not widely used setts (Mr. KENNEDY) were added as co- and therefore reduces the effectiveness when SBREFA was passed. Thus, agen- sponsors of amendment No. 342 in- of the regulations. cies would be directed to publish guides tended to be proposed to H.R. 1268, The Government Accountability Of- entitled ‘‘Small Entity Compliance making emergency supplemental ap- fice, GAO, found that agencies have ig- Guide.’’ propriations for the fiscal year ending nored this requirement or failed miser- Clarify how a guide shall be pub- September 30, 2005, to establish and ably in their attempts to satisfy it. lished: Section 212 currently states rapidly implement regulations for The GAO also found that SBREFA’s agencies ‘‘shall publish’’ the guides, State driver’s license and identifica- language is unclear in some places but does not indicate where or how tion document security standards, to about what is actually required. That they should be published. At least one prevent terrorists from abusing the is why today, I am introducing The agency has published the guides as part asylum laws of the United States, to Small Business Compliance Assistance of the preamble to the subject rule, unify terrorism-related grounds for in- Enhancement Act of 2005, to close thereby requiring affected small enti- admissibility and removal, to ensure those loopholes, and to make it clear ties to read the Federal Register to ob- expeditious construction of the San that we were serious when we first told tain the guides. Agencies would be di- Diego border fence, and for other pur- agencies, and that we want them to rected, at a minimum, to make their poses. produce quality compliance assistance compliance guides available through AMENDMENT NO. 356 materials to help small businesses un- their websites in an easily accessible At the request of Mr. DURBIN, the derstand how to deal with regulations. way. In addition, agencies would be di- names of the Senator from Massachu- My bill is drawn directly from the rected to forward their compliance setts (Mr. KERRY), the Senator from GAO recommendations and is intended guides to known industry contacts Louisiana (Ms. LANDRIEU), the Senator only to clarify an already existing re- such as small businesses or associa- from Maryland (Mr. SARBANES), the quirement—not to add anything new. tions with small business members Senator from Vermont (Mr. LEAHY), Similarly, the compliance guides that that will be affected by the regulation. the Senator from Arkansas (Mrs. LIN- the agencies will produce will be sug- Clarify when a guide shall be pub- COLN), the Senator from New Jersey gestions about how to satisfy a regula- lished: Section 212 does not indicate (Mr. LAUTENBERG) and the Senator tion’s requirements, and will not im- when the compliance guides should be from Colorado (Mr. SALAZAR) were pose further requirements or additional published. Therefore, even if an agency added as cosponsors of amendment No. enforcement measures. Nor does this is required to produce a compliance 356 proposed to H.R. 1268, making emer- bill, in any way, interfere or undercut guide, it can claim that it has not vio- gency supplemental appropriations for agencies’ ability to enforce their regu- lated the publishing requirement be- the fiscal year ending September 30, lations to the full extent they cur- cause there is no clear deadline. Agen- 2005, to establish and rapidly imple- rently enjoy. Bad actors must be cies would be instructed to publish the ment regulations for State driver’s li- brought to justice, but if the only trig- compliance guides simultaneously cense and identification document se- ger for compliance is the threat of en- with, or as soon as possible after, the curity standards, to prevent terrorists forcement, then agencies will never final rule is published, provided that from abusing the asylum laws of the achieve the goals at which their regu- the guides must be published no later United States, to unify terrorism-re- lations are directed. than the effective date of the rule’s lated grounds for inadmissibility and The key to helping small businesses compliance requirements. removal, to ensure expeditious con- comply with these regulations is to Clarify the term ‘‘compliance re- struction of the San Diego border provide assistance—showing them what quirements’’: The term ‘‘compliance fence, and for other purposes. is necessary and how they will be able requirements’’ also needs to be clari- At the request of Mr. OBAMA, his to tell when they have met their obli- fied. At a minimum, compliance re- name was added as a cosponsor of gations. Too often, small businesses do quirements must identify what small

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.025 S13PT1 S3558 CONGRESSIONAL RECORD — SENATE April 13, 2005 businesses must do to satisfy the re- (1) To clarify the requirement contained in Business Compliance Assistance Enhance- quirements and how they will know section 212 of the Small Business Regulatory ment Act of 2005, and annually thereafter, that they have met these require- Enforcement Fairness Act of 1996 (5 U.S.C. the head of each agency shall submit a re- ments. This should include a descrip- 601 note) for agencies to produce small entity port to the Committee on Small Business compliance guides. and Entrepreneurship of the Senate and the tion of the procedures a small business (2) To clarify other terms relating to the Committee on Small Business of the House might use to meet the requirements. requirement in section 212 of the Small Busi- of Representatives describing the status of For example, if, as is the case with ness Regulatory Enforcement Fairness Act the agency’s compliance with paragraphs (1) many OSHA and EPA regulations, test- of 1996 (5 U.S.C. 601 note). through (5).’’. ing is required, the agency should ex- (3) To ensure that agencies produce ade- (b) TECHNICAL AND CONFORMING AMEND- plain how that testing might be con- quate and useful compliance assistance ma- MENT.—Section 211(3) of the Small Business ducted. The bill makes clear that the terials to help small businesses meet the ob- Regulatory Enforcement Fairness Act of 1996 ligations imposed by regulations affecting (5 U.S.C. 601 note) is amended by inserting procedural description should be mere- such small businesses, and to increase com- ‘‘and entitled’’ after ‘‘designated’’. ly suggestive—an agency would not be pliance with these regulations. By Mr. LEVIN (for himself, Ms. COL- able to enforce this procedure if a SEC. 3. ENHANCED COMPLIANCE ASSISTANCE LINS, Mr. JEFFORDS, Ms. STABENOW, Mr. small business was able to satisfy the FOR SMALL BUSINESSES. DEWINE, Mr. BAYH, Mr. DAYTON, Mr. (a) IN GENERAL.—Section 212 of the Small requirements through a different ap- LEAHY, Mr. KENNEDY, Mr. REED, Mr. Business Regulatory Enforcement Fairness proach. LAUTENBERG, Mr. WARNER, and Mr. It is time we get serious about ensur- Act of 1996 (5 U.S.C. 601 note) is amended by striking subsection (a) and inserting the fol- AKAKA): ing that small businesses have the as- lowing: S. 770. A bill to amend the Nonindige- sistance they need to deal with the ‘‘(a) COMPLIANCE GUIDE.— nous Aquatic Nuisance Prevention and maze of Federal regulations we expect ‘‘(1) IN GENERAL.—For each rule or group of Control Act of 1990 to reauthorize and them to handle on a daily basis. The related rules for which an agency is required improve that Act; to the Committee on Small Business Compliance Assistance to prepare a final regulatory flexibility anal- Environment and Public Works. Enhancement Act of 2005 will make a ysis under section 605(b) of title 5, United Mr. LEVIN. Mr. President, today my States Code, the agency shall publish 1 or significant contribution to that effort. more guides to assist small entities in com- colleague from Maine, Senator COLLINS I ask unanimous consent that the plying with the rule and shall entitle such and I are very pleased to introduce the text of the bill be printed in the publications ‘small entity compliance National Aquatic Invasive Species Act RECORD. guides’. of 2005. This bill, which reauthorizes There being no objection, the bill was ‘‘(2) PUBLICATION OF GUIDES.—The publica- the Nonindigenous Aquatic Nuisance ordered to be printed in the RECORD, as tion of each guide under this subsection shall Prevention and Control Act, takes a follows: include— comprehensive approach towards ad- ‘‘(A) the posting of the guide in an easily S. 769 dressing aquatic nuisance species to identified location on the website of the Be it enacted by the Senate and House of Rep- agency; and protect the nation’s aquatic eco- resentatives of the United States of America in ‘‘(B) distribution of the guide to known in- systems. Invasive species are not a new Congress assembled, dustry contacts, such as small entities, asso- problem for this country, but what is SECTION 1. SHORT TITLE. ciations, or industry leaders affected by the so important about this bill is that this This Act may be cited as the ‘‘Small Busi- rule. is the first real effort to take a com- ness Compliance Assistance Enhancement ‘‘(3) PUBLICATION DATE.—An agency shall prehensive approach toward the prob- Act of 2005’’. publish each guide (including the posting and lem of aquatic invasive species. The SEC. 2. FINDINGS AND PURPOSES. distribution of the guide as described under bill deals with the prevention of intro- (a) FINDINGS.—Congress finds the fol- paragraph (2))— lowing: ‘‘(A) on the same date as the date of publi- ductions, the screening of new aquatic (1) Small businesses represent 99.7 percent cation of the final rule (or as soon as possible organisms that do come into the coun- of all employers, employ half of all private after that date); and try, the rapid response to invasions, sector employees, and pay 44.3 percent of ‘‘(B) not later than the date on which the and the research to implement the pro- total United States private payroll. requirements of that rule become effective. visions of this bill. (2) Small businesses generated 60 to 80 per- ‘‘(4) COMPLIANCE ACTIONS.— During the development of this coun- cent of net new jobs annually over the last ‘‘(A) IN GENERAL.—Each guide shall explain try, there were more than people immi- decade. the actions a small entity is required to take grating to this country. More than to comply with a rule. (3) Very small firms with fewer than 20 em- 6,500 non-indigenous invasive species ployees spend 60 percent more per employee ‘‘(B) EXPLANATION.—The explanation under than larger firms to comply with Federal subparagraph (A)— have been introduced into the United regulations. Small firms spend twice as ‘‘(i) shall include a description of actions States and have become established, much on tax compliance as their larger needed to meet the requirements of a rule, to self-sustaining populations. These spe- counterparts. Based on an analysis in 2001, enable a small entity to know when such re- cies—from microorganisms to mol- firms employing fewer than 20 employees quirements are met; and lusks, from pathogens to plants, from face an annual regulatory burden of nearly ‘‘(ii) if determined appropriate by the insects to fish to animals—typically $7,000 per employee, compared to a burden of agency, may include a description of possible encounter few, if any, natural enemies procedures, such as conducting tests, that almost $4,500 per employee for a firm with in their new environments and wreak over 500 employees. may assist a small entity in meeting such re- (4) Section 212 of the Small Business Regu- quirements. havoc on native species. Aquatic nui- latory Enforcement Fairness Act of 1996 (5 ‘‘(C) PROCEDURES.—Procedures described sance species threaten biodiversity na- U.S.C. 601 note) requires agencies to produce under subparagraph (B)(ii)— tionwide, especially in the Great small entity compliance guides for each rule ‘‘(i) shall be suggestions to assist small en- Lakes. or group of rules for which an agency is re- tities; and In fact, the aquatic nuisance species quired to prepare a final regulatory flexi- ‘‘(ii) shall not be additional requirements became a major issue for Congress back bility analysis under section 604 of title 5, relating to the rule. in the late eighties when the zebra United States Code. ‘‘(5) AGENCY PREPARATION OF GUIDES.—The mussel was released into the Great agency shall, in its sole discretion, taking (5) The Government Accountability Office Lakes. The Great Lakes still have has found that agencies have rarely at- into account the subject matter of the rule tempted to comply with section 212 of the and the language of relevant statutes, ensure zebra mussels, and now, 20 States are Small Business Regulatory Enforcement that the guide is written using sufficiently fighting to control them. The Great Fairness Act of 1996 (5 U.S.C. 601 note). When plain language likely to be understood by af- Lakes region spends about $30 million agencies did try to comply with that require- fected small entities. Agencies may prepare per year to keep water pipes from be- ment, they generally did not produce ade- separate guides covering groups or classes of coming clogged with zebra mussels. quate compliance assistance materials. similarly affected small entities and may co- Zebra mussels were carried over from (6) The Government Accountability Office operate with associations of small entities to the Mediterranean to the Great Lakes also found that section 212 of the Small Busi- develop and distribute such guides. An agen- in the ballast tanks of ships. The lead- ness Regulatory Enforcement Fairness Act cy may prepare guides and apply this section of 1996 (5 U.S.C. 601 note) and other sections with respect to a rule or a group of related ing pathway for aquatic invasive spe- of that Act need clarification to be effective. rules. cies was and still is maritime com- (b) PURPOSES.—The purposes of this Act ‘‘(6) REPORTING.—Not later than 1 year merce. Most invasive species are con- are the following: after the date of enactment of the Small tained in the water that ships use for

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.066 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3559 ballast to maintain trim and stability. nology for that class of vessels, subject cause of a new dead zone in Lake Erie. Aquatic invaders such as the zebra to review every three years. I do not And invasive species compete with na- mussel and round goby were introduced believe this will be the case, however, tive species for habitat. into the Great Lakes when ships, often because the approach of this bill cre- This bill addresses the ‘‘NOBOB’’ or from nations, pulled into port and dis- ates a clear incentive for treatment No Ballast on Board problem which is charged their ballast water. In addition vendors to develop affordable equip- when ships report having no ballast to ballast water, aquatic invaders can ment for the market. when they enter the Great Lakes. How- also attach themselves to ships’ hulls Technology will always be evolving, ever, a layer of sediment and small bit and anchor chains. and we hope that affordable technology of water that cannot be pumped out is Because of the impact that the zebra will become available that completely still in the ballast tanks. So when mussel had in the Great Lakes, Con- eliminates the risk of new introduc- water is taken on and then discharged gress passed legislation in 1990 and 1996 tions. Therefore, it is important that all within the Great Lakes, a new spe- that has reduced, but not eliminated, the Coast Guard regularly review and cies that was still living in that small the threat of new invasions by requir- revise the standard so that it reflects bit of sediment and water may be in- ing ballast water management for ships what the best technology currently troduced. By requiring technology to entering the Great Lakes. Today, there available is and whether it is economi- be installed, this bill addresses a very is a mandatory ballast water manage- cally achievable. serious issue in the Great Lakes. ment program in the Great Lakes, and There are other important provisions All in all, the bill would cost between the Coast Guard is in the rule-making of the bill that also address prevention. $160 million and $170 million each year. process to turn the voluntary ballast For instance, the bill encourages the This is a lot of money, but it is a crit- water exchange reporting requirement Coast Guard to consult with Canada, ical investment. As those of us from into a mandatory ballast water ex- Mexico, and other countries in devel- the Great Lakes know, the economic change program for all of our coasts. oping guidelines to prevent the intro- damage that invasive species can cause The current law requires that ships en- duction and spread of aquatic nuisance is much greater. However, compared to tering the Great Lakes must exchange species. The Aquatic Nuisance Species the annual cost of invasive species, the their ballast water, seal their ballast Task Force is also charged with con- cost of this bill is minimal. Therefore, tanks or use alternative treatment ducting a pathway analysis to identify I urge my colleagues to cosponsor this that is ‘‘as effective as ballast water other high risk pathways for introduc- legislation and work to move the bill exchange.’’ Unfortunately, alternative tion of nuisance species and implement swiftly through the Senate. treatments have not been fully devel- management strategies to reduce those Ms. COLLINS. Mr. President, from oped and widely tested on ships be- introductions. And this legislation, for Pickerel Pond to Lake Auburn, from cause the developers of ballast tech- the first time, establishes a process to Sebago Lake to Bryant Pond, lakes and nology do not know what standard screen live organisms entering the ponds in Maine are under attack. they are trying to achieve. This obsta- country for the first time for non-re- Aquatic invasive species threaten cle is serious because ultimately, only search purposes. Organisms believed to Maine’s drinking water systems, recre- on-board ballast water treatment will be invasive would be imported based on ation, wildlife habitat, lakefront real adequately reduce the threat of new conditions that prevent them from be- estate, and fisheries. Plants, such as aquatic nuisance species being intro- coming a nuisance. Such a screening Variable Leaf Milfoil, are crowding out duced through ballast water. process might have prevented such spe- native species. Invasive Asian shore Our bill addresses this problem. cies as the Snakehead, which has es- crabs are taking over Southern New First, this bill establishes a deadline tablished itself in the Potomac River England’s tidal pools and have ad- for the Coast Guard and EPA to estab- here in the DC area, from being im- vanced well into Maine—to the poten- lish a standard for ballast water man- ported. tial detriment of Maine’s lobster and agement and requires that the stand- The third title of this bill addresses clam industries. ard reduce the number of plankton in early detection of new invasions and I rise today to join Senator LEVIN in the ballast water by 99 percent or the the rapid response to invasions as well introducing legislation to address this best performance that technology can as the control of aquatic nuisance spe- problem. The National Aquatic provide. This way, technology vendors cies that do establish themselves. If Invasive Species Act of 2005 would cre- and the maritime industry know what fully funded, this bill will provide a ate the most comprehensive nation- they should be striving to achieve and rapid response fund for states to imple- wide approach to date for combating when they will be expected to achieve ment emergency strategies when out- alien species that invade our shores. it. After 2011, all ships that enter any breaks occur. The bill requires the The stakes are high when invasive U.S. port after operating outside the Army Corps of Engineers to construct species are unintentionally introduced Exclusive Economic Zone of 200 miles and operate the Chicago Ship and Sani- into our Nation’s waters. They endan- will be required to use a ballast water tary Canal project which includes the ger ecosystems, reduce biodiversity, treatment technology that meets this construction of a second dispersal bar- and threaten native species. They dis- standard. rier to keep species like the Asian carp rupt people’s lives and livelihoods by I understand that ballast water tech- from migrating up the Mississippi lowering property values, impairing nologies are being researched, and through the Canal into the Great commercial fishing and aquaculture, some are currently being tested on- Lakes. Equally important, this barrier degrading recreational experiences, board ships. The range of technologies will prevent the migration of invasive and damaging public water supplies. include ultraviolet lights, filters, species in the Great Lakes from pro- In the 1950s, European Green Crabs chemicals, deoxygenation, ozone, and ceeding into the Mississippi system. swarmed the Maine coast and literally several others. Each of these tech- Lastly, the bill authorizes additional ate the bottom out of Maine’s soft- nologies has a different price tag at- research which will identify threats shell clam industry by the 1980s. Many tached to it. It is not my intention to and the tools to address those threats. clam diggers were forced to go after overburden the maritime industry with Though invasive species threaten the other fisheries or find new vocations. an expensive requirement to install entire Nation’s aquatic ecosystem, I In just one decade, this invader reduced technology. In fact, the legislation am particularly concerned with the the number of clam diggers in Maine states that the final ballast water tech- damage that invasive species have done from nearly 5,000 in the 1940s to fewer nology standard must be based on the to the Great Lakes. There are now than 1500 in the 1950s. European green best performing technology that is eco- roughly 180 invasive species in the crabs currently cost an estimated $44 nomically achievable. That means that Great Lakes, and it is estimated that a million a year in damage and control the Coast Guard must consider what new species is introduced every 8 efforts in the United States. technology is available, and if there is months. Invasive species cause disrup- Past invasions forewarn of the long- no economically achievable technology tions in the food chain, which is now term consequences to our environment available to a class of vessels, then the causing the decline of certain fish. and communities unless we take steps standard will not require ballast tech- Invasive species are believe to be the to prevent new invasions. It is too late

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.042 S13PT1 S3560 CONGRESSIONAL RECORD — SENATE April 13, 2005 to stop European green crabs from tak- species cannot be accomplished by in- The National Aquatic Invasive Spe- ing hold on the East Coast, but we still dividual States alone. We need a uni- cies Act of 2005 offers a strong frame- have the opportunity to prevent many form, nationwide approach to deal ef- work to combat aquatic invasive spe- other species from taking hold in fectively with invasive species. The Na- cies. I call on my colleagues to help us Maine and the United States. tional Aquatic Invasive Species Act of enact this legislation in order to pro- Senator LEVIN and I introduced an 2005 will help my State and States tect our waters, ecosystems, and indus- earlier version of this legislation in throughout the Nation detect, prevent tries from destructive invasive spe- March of 2003. Just a few months ear- and respond to aquatic invasive spe- cies—before it’s too late. lier, one of North America’s most ag- cies. gressive invasive species hydrilla—was The National Aquatic Invasive Spe- By Mr. CORZINE: found in Maine for the first time. This cies Act of 2005 would be the most com- S. 773. A bill to ensure the safe and stubborn and fast-growing aquatic prehensive effort ever undertaken to secure transportation by rail of ex- plant had taken hold in Pickerel Pond address the threat of invasive species. tremely hazardous materials; to the in the Town of Limerick, ME, and By authorizing $836 million over 6 Committee on Commerce, Science, and threatened recreational use for swim- years, this legislation would open nu- Transportation. mers and boaters. At the time, we merous new fronts in our war against Mr. CORZINE. Mr. President, today I warned that unless Congress acted, invasive species. The bill directs the am introducing legislation, the Ex- more and more invasive species would Coast Guard to develop regulations tremely Hazardous Materials Rail establish a foothold in Maine and that will end the easy cruise of Transportation Act of 2005, to ensure across the country. invasive species into U.S. waters the safety and security of toxic chemi- Unfortunately, Congress failed to act through the ballast water of inter- cals that are transported across our na- on our legislation and new invasions national ships, and would provide the tion’s 170,000 mile rail network. have continued. In December, for the Coast Guard with $6 million per year to On January 6, 2005, a freight car car- first time, the Maine Department of develop and implement these regula- rying toxic chlorine gas derailed in Environmental Protection detected tions. South Carolina. The derailment caused The bill also would provide $30 mil- Eurasian Milfoil in the State. Maine a rupture that released a deadly gas lion per year for a grant program to as- was the last of the lower 48 States to be cloud over the nearby community of sist State efforts to prevent the spread free of this stubborn and fast-growing Graniteville. As a result of this acci- of invasive species. It would provide $12 dent, nine people died and 318 needed invasive plant that degrades water million per year for the Army Corps of quality by displacing native plants, medical attention. Many of those need- Engineers and Fish and Wildlife Serv- ing medical attention were first re- fish and other aquatic species. The ice to contain and control invasive spe- plant forms stems reaching up to 20 sponders who arrived at the scene of cies. Finally, the Levin-Collins bill the accident unaware that a tank car feet high that cause fouling problems would authorize $30 million annually for swimmers and boaters. In total, containing chlorine gas had ruptured. for research, education, and outreach. As one responder described it, ‘‘I took there are 24 documented cases of aquat- Mr. President, the most effective a breath. That stuff grabbed me. It ic invasive species infesting Maine’s means of stopping invading species is gagged me and brought me down to my lakes and ponds. to attack them before they attack us. When considering the impact of these We need an early alert, rapid response knees. I talked to God and said, ‘I am invasive species, it is important to system to combat invading species be- not dying here.’’’ In the aftermath of note the tremendous value of our lakes fore they have a chance to take hold. the chlorine release, more than 5,000 and ponds. While their contribution to For the first time, this bill would es- area residents needed to be evacuated our quality of life is priceless, their tablish a national monitoring network from their homes. value to our economy is more measur- to detect newly introduced species, The Graniteville accident was the able. Maine’s Great Ponds generate while providing $25 million to the Sec- deadliest accident involving the trans- nearly 13 million recreational user retary of the Interior to create a rapid port of chlorine. But it was not the days each year, lead to more than $1.2 response fund to help States and re- first. Since the use of rail for chlorine billion in annual income for Maine gions respond quickly once invasive transport began in 1924, there had been residents, and support more than 50,000 species have been detected. This bill is four fatal accidents involving the re- jobs. our best effort at preventing the next lease of chlorine, according to the With so much at stake, Mainers are wave of invasive species from taking Chlorine Institute. Thirteen people taking action to stop the spread of hold and decimating industries and de- have died. In addition, the National invasive species into our State’s wa- stroying waterways in Maine and Transportation Safety Board has inves- ters. The State of Maine has made it il- throughout the country. tigated 14 derailments from 1995 to 2004 legal to sell, posses, cultivate, import One of the leading pathways for the that caused the release of hazardous or introduce eleven invasive aquatic introduction of aquatic organisms to chemicals, including chlorine. In those plants. Boaters participating in the U.S. waters from abroad is through instances, four people died and 5,517 Maine Lake and River Protection transoceanic vessels. Commercial ves- were injured. Sticker program are providing needed sels fill and release ballast tanks with The Graniteville accident exposes funding to aid efforts to prevent, detect seawater as a means of stabilization. fundamental failings in the transport and manage aquatic invasive plants. The ballast water contains live orga- of hazardous materials on America’s Volunteers are participating in the nisms from plankton to adult fish that rail system. These failings include Courtesy Boat Inspection program to are transported and released through pressurized rail tank cars that are vul- keep aquatic invasive plants out of this pathway. Last week, a Federal nerable to rupture; lack of sufficient Maine lakes. Before launch or after re- judge ruled that the Government can training for transporters and emer- moval, inspectors ask boaters for per- no longer allow ships to dump, without gency responders; lack of sufficient no- mission to inspect the boat, trailer or a permit from the Environmental Pro- tification to the communities that haz- other equipment for plants. More than tection Agency, any ballast water con- ardous material train run through and 300 trained inspectors conducted up- taining nonnative species that could a lack of coordination at the federal wards of 30,000 courtesy boat inspec- harm local ecosystems. The court case level between the many agencies that tions at 65 lakes in the 2004 boating and subsequent decision indicates that are involved in rail transport of haz- season. there are problems with our existing ardous materials. While I am proud of the actions that systems to control ballast water dis- Because of these failings, our Na- Maine and many other States are tak- charge and signals a need to address tion’s freight rail infrastructure re- ing to protect against invasive species, invasive hitchhikers that travel to our mains vulnerable to the release of haz- all too often their efforts have not been shores aboard ships. Our legislation ardous materials either by accident or enough. As with national security, pro- would establish a framework to pre- due to deliberate attack. The ‘‘Ex- tecting the integrity of our lakes, vent the introduction of aquatic tremely Hazardous Material Rail streams, and coastlines from invading invasive species by ships. Transportation Act addresses these

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.075 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3561 safety and security issues. My legisla- transportation by rail of extremely haz- (A) the results of a study on the impact re- tion would require the DHS to coordi- ardous materials or who are responsible for sistance of such pressurized tank cars, in- nate Federal, State and local efforts to the repair of related equipment and facilities cluding a comparison of the relative impact prevent terrorist acts and to respond to in the event of an emergency, including an resistance of tank cars manufactured before incident involving terrorism. and after the implementation by the Admin- emergencies in the transport by rail of (b) AREA OF CONCERN COMMUNITIES.— istrator of the Federal Railroad Administra- extremely hazardous materials. It re- (1) DESIGNATION OF AREA OF CONCERN COM- tion in 1989 of Federal standards on the im- quires the DHS to issue regulations MUNITIES.— pact resistance of such tank cars; and that address the integrity of pressur- (A) IN GENERAL.—In prescribing regulations (B) an assessment of whether tank cars ized tank cars, the lack of sufficient under subsection (a), the Secretary of Home- manufactured before the implementation of training for transporters and emer- land Security shall compile a list of area of the 1989 impact resistence standards and gency responders, and the lack of suffi- concern communities. tank cars manufactured after the implemen- cient notification for communities. It (B) CRITERIA.—The Secretary of Homeland tation of such standards conform with the Security shall include on such list commu- standards prescribed under subsection (a). would also require the DHS to study nities through or near which the transpor- SEC. 4. REPORT ON EXTREMELY HAZARDOUS MA- the possibility of reducing, through the tation by rail of extremely hazardous mate- TERIALS TRANSPORT SAFETY. use of alternate routes, the risks of rials poses a serious risk to the public health (a) REQUIREMENT FOR REPORT.—Not later freight transportation of extremely and safety. In making such determination, than 180 days after the date of the enactment hazardous material; except in the case the Secretary shall consider— of this Act, the Secretary of Homeland Secu- of emergencies or where such alter- (i) the severity of harm that could be rity shall, in consultation with the Sec- natives do not exist or are prohibi- caused in a community by the release of the retary of Transportation, submit to the ap- tively expensive. Finally, it contains transported extremely hazardous materials; propriate congressional committees a report (ii) the proximity of a community to major on the safety and security of the transpor- protections for employees who report population centers; tation by rail of extremely hazardous mate- on the safety and security of transpor- (iii) the threat posed by such transpor- rials, including the threat posed to the secu- tation by rail of extremely hazardous tation to national security, including the rity of such transportation by acts of ter- materials. safety and security of Federal and State gov- rorism. I hope my colleagues will support ernment offices; (b) CONTENT.—The report required under this legislation, and I ask unanimous (iv) the vulnerability of a community to subsection (a) shall include, in a form that consent that the text of the bill be acts of terrorism; does not compromise national security— (v) the threat posed by such transportation (1) information specifying— printed in the RECORD. to critical infrastructure; There being no objection, the bill was (A) the Federal and State agencies that are (vi) the threshold quantities of particular responsible for the oversight of the transpor- ordered to be printed in the RECORD, as extremely hazardous materials that pose a tation by rail of extremely hazardous mate- follows: serious threat to the public health and safe- rials; and S. 773 ty; and (B) the particular authorities and respon- Be it enacted by the Senate and House of Rep- (vii) such other safety or security factors sibilities of the heads of each such agency; resentatives of the United States of America in that the Secretary determines appropriate to (2) an assessment of the operational risks Congress assembled, consider. associated with the transportation by rail of (2) CONSIDERATION OF ALTERNATE ROUTES.— extremely hazardous materials, with consid- SECTION 1. SHORT TITLE. The Secretary of Homeland Security shall eration given to the safety and security of This Act may be cited as the ‘‘Extremely conduct a study to consider the possibility of the railroad infrastructure in the United Hazardous Materials Rail Transportation reducing, through the use of alternate routes States, including railroad bridges and rail Act of 2005’’. involving lower security risks, the security switching areas; SEC. 2. COORDINATION OF PRECAUTIONS AND risks posed by the transportation by rail of (3) an assessment of the vulnerability of RESPONSE EFFORTS RELATED TO extremely hazardous materials through or THE TRANSPORTATION BY RAIL OF railroad cars to acts of terrorism while being EXTREMELY HAZARDOUS MATE- near communities designated as area of con- used to transport extremely hazardous mate- RIALS. cern communities under paragraph (1), ex- rials; (a) REGULATIONS.— cept in the case of emergencies or where (4) an assessment of the ability of individ- (1) REQUIREMENT FOR REGULATIONS.—Not such alternatives do not exist or are prohibi- uals who transport, load, unload, or are oth- later than 180 days after the date of the en- tively expensive. erwise involved in the transportation by rail actment of this Act, the Secretary of Home- SEC. 3. PRESSURIZED RAILROAD CARS. of extremely hazardous materials or who are land Security shall, in consultation with the (a) NEW SAFETY STANDARDS.— responsible for the repair of related equip- Secretary of Transportation and the heads of (1) REQUIREMENT FOR STANDARDS.—Not ment and facilities in the event of an emer- other Federal, State, and local agencies, pre- later than 180 days after the date of the en- gency, including an incident involving ter- scribe regulations for the coordination of ef- actment of this Act, the Secretary of Home- rorism, to respond to an incident involving forts of Federal, State, and local agencies land Security shall, in consultation with the terrorism, including an assessment of wheth- aimed at preventing terrorist acts and re- Secretary of Transportation and the heads of er such individuals are adequately trained or sponding to emergencies that may occur in other relevant Federal agencies, prescribe by prepared to respond to such incidents; connection with the transportation by rail of regulations standards for ensuring the safety (5) a description of the study conducted extremely hazardous materials. and physical integrity of pressurized tank under section 2(b)(2), including the conclu- (2) CONTENT.— cars that are used in the transportation by sions reached by the Secretary of Homeland (A) IN GENERAL.—The regulations required rail of extremely hazardous materials. Security as a result of such study and any under paragraph (1) shall— (2) CONSIDERATION OF SPECIFIC RISKS.—In recommendations of the Secretary for reduc- (i) require, and establish standards for, the prescribing regulations under paragraph (1), ing, through the use of alternate routes in- training of individuals described in subpara- the Secretary of Homeland Security shall volving lower security risks, the security graph (B) on safety precautions and best consider the risks posed to such pressurized risks posed by the transportation by rail of practices for responding to emergencies oc- tank cars by acts of terrorism, accidents, se- extremely hazardous materials through or curring in connection with the transpor- vere impacts, and other actions potentially near area of concern communities; tation by rail of extremely hazardous mate- threatening to the structural integrity of (6) other recommendations for improving rials, including incidents involving acts of the cars or to the safe containment of the the safety and security of the transportation terrorism; and materials carried by such cars. by rail of extremely hazardous materials; (ii) establish a coordinated system for no- (b) REPORT ON IMPACT RESISTANCE.— and tifying appropriate Federal, State, and local (1) IN GENERAL.—Not later than 180 days (7) an analysis of the anticipated economic law enforcement authorities (including, if after the date of the enactment of this Act, impact and effect on interstate commerce of applicable, transit, railroad, or port author- the Secretary of Homeland Security shall, in the regulations prescribed under this Act. ity police agencies) and first responders of consultation with the Secretary of Transpor- (c) FORM.—The report required under sub- the transportation by rail of extremely haz- tation and the heads of other relevant Fed- section (a) shall be in unclassified form, but ardous materials through communities des- eral agencies, submit to the appropriate con- may contain a classified annex. ignated as area of concern communities by gressional committees a report on the safety SEC. 5. WHISTLEBLOWER PROTECTION. the Secretary of Homeland Security under and physical integrity of pressurized tank (a) IN GENERAL.—No person involved in the subsection (b)(1). cars that are used in the transportation by transportation by rail of extremely haz- (B) INDIVIDUALS COVERED BY TRAINING.— rail of extremely hazardous materials, in- ardous materials may be discharged, de- The individuals described in subparagraph cluding with respect to the risks considered moted, suspended, threatened, harassed, or (A)(i) are first responders, law enforcement under subsection (a)(2). in any other manner discriminated against personnel, and individuals who transport, (2) CONTENT.—The report required under because of any lawful act done by the per- load, unload, or are otherwise involved in the paragraph (1) shall include— son—

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.051 S13PT1 S3562 CONGRESSIONAL RECORD — SENATE April 13, 2005 (1) to provide information, cause informa- son under any Federal or State law, or under the Medicare program with general tion to be provided, or otherwise assist in an any collective bargaining agreement. funds. This legislation is identical to investigation regarding any conduct which SEC. 6. CIVIL PENALTIES. the legislation I introduced in the 108th the person reasonably believes constitutes a Not later than 180 days after the date of Congress. violation of any law, rule, or regulation re- the enactment of this Act, the Secretary of Recently during debate on the Budg- lated to the security of shipments of ex- Homeland Security shall prescribe regula- tremely hazardous materials, or any other et Resolution, I introduced an amend- tions providing for the imposition of civil ment that provides the Finance Com- threat to the security of shipments of ex- penalties for violations of— tremely hazardous materials, when the infor- (1) regulations prescribed under this Act; mittee with the tax cuts to finally re- mation or assistance is provided to or the in- and peal the 1993 tax increase on Social Se- vestigation is conducted by— (2) the prohibition against discriminatory curity benefits. My amendment passed (A) a Federal regulatory or law enforce- treatment under section 5(a). by a vote of 55 yeas to 45 nays. The leg- ment agency; SEC. 7. NO FEDERAL PREEMPTION. islation I am introducing today pro- (B) any Member of Congress or any com- Nothing in this Act shall be construed as vides the legislative blueprint for re- mittee of Congress; or preempting any State law, except that no pealing this unfair tax. (C) a person with supervisory authority such law may relieve any person of a require- over the person (or such other person who The 1993 tax was unfair when it was ment otherwise applicable under this Act. has the authority to investigate, discover, or signed into law, and it is unfair today. terminate misconduct); SEC. 8. DEFINITIONS. I hope my Senate colleagues can sup- (2) to file, cause to be filed, testify, partici- In this Act: port this legislation to remove this pate in, or otherwise assist in a proceeding (1) EXTREMELY HAZARDOUS MATERIAL.—The burdensome tax on our seniors. or action filed or about to be filed relating to term ‘‘extremely hazardous material’’ a violation of any law, rule, or regulation re- means— By Mr. INHOFE (for himself and lated to the security of shipments of ex- (A) a material that is toxic by inhalation; Mr. COBURN): tremely hazardous materials or any other (B) a material that is extremely flam- S. 775. A bill to designate the facility threat to the security of shipments of ex- mable; of the United States Postal Service lo- tremely hazardous materials; or (C) a material that is highly explosive; (D) high-level radioactive waste; and cated at 123 W. 7th Street in (3) to refuse to violate or assist in the vio- Holdenville, OK, as the ‘‘Boone Pickens lation of any law, rule, or regulation related (E) any other material designated by the to the security of shipments of extremely Secretary of Homeland Security as being ex- Post Office’’; to the Committee on hazardous materials. tremely hazardous. Homeland Security and Governmental (b) ENFORCEMENT ACTION.— (2) APPROPRIATE CONGRESSIONAL COMMIT- Affairs. (1) IN GENERAL.—A person who alleges dis- TEES.—The term ‘‘appropriate congressional Mr. INHOFE. Mr. President, I rise charge or other discrimination by any person committees’’ means— today to proudly introduce legislation in violation of subsection (a) may seek relief (A) the Committee on Homeland Security to designate the facility of the United under subsection (c)— and Governmental Affairs and the Com- States Postal Service located at 123 W. (A) by filing a complaint with the Sec- mittee on Commerce, Science, and Transpor- 7th Street in Holdenville, OK, as the retary of Labor; and tation of the Senate; and ‘‘Boone Pickens Post Office’’. (B) if the Secretary has not issued a final (B) the Committee on Homeland Security Thomas Boone Pickens, Jr. emulates decision within 180 days after the filing of and the Committee on Transportation and the complaint and there is no showing that Infrastructure of the House of Representa- the Oklahoma spirit of hard work, en- such delay is due to the bad faith of the tives. trepreneurship and philanthropy. He is claimant, by commencing a civil action in an excellent example of the potential the appropriate district court of the United By Mr. BUNNING: to achieve success in our American free States, which shall have jurisdiction over S. 774. A bill to amend the Internal enterprise system. I honor, I proudly such an action without regard to the amount Revenue Code of 1986 to repeal the 1993 seek to name the post office in his in controversy. income tax increase on Social Security hometown of Holdenville, OK, where he (2) PROCEDURE.— benefits; to the Committee on Finance. was born in 1928. (A) COMPLAINT TO DEPARTMENT OF LABOR.— Mr. BUNNING. Mr. President, today, As the son of a landman, Pickens An action under paragraph (1)(A) shall be quickly appreciated the business po- governed under the rules and procedures set I am introducing the Social Security forth in subsection (b) of section 42121 of Benefits Tax Relief Act of 2005, which tential of oil exploration. Oklahoma title 49, United States Code, except that no- repeals the 1993 income tax increase on State University awarded Pickens a tification made under such subsection shall Social Security benefits that went into bachelor of science in geology in 1951. be made to the person named in the com- effect in 1993. He grew frustrated with the bureauc- plaint and to the person’s employer. When Social Security was created, racy of working for a large company (B) COURT ACTION.—An action commenced beneficiaries did not pay federal in- and decided to start his own in 1956. under paragraph (1)(B) shall be governed by This company was the basis for what the legal burdens of proof set forth in section come tax on their benefits. However, in 1983, Congress passed legislation re- became one of the leading oil and gas 42121(b)(2)(B) of title 49, United States Code. exploration and production firms in the (C) STATUTE OF LIMITATIONS.—An action quiring that 50 percent of Social Secu- rity benefits be taxed for seniors whose nation, Mesa Petroleum Company. under paragraph (1) shall be commenced not Not only did Pickens lead in the en- later than 180 days after the date on which incomes were above $25,000 for an indi- the violation occurs. ergy industry itself, he possessed the vidual and $32,000 for a couple. This ad- unique ability to recognize and acquire (c) REMEDIES.— ditional revenue was credited back to (1) IN GENERAL.—A person prevailing in any undervalued companies. Repeatedly, action under subsection (b)(1) shall be enti- the Social Security trust funds. markets eventually realized the worth tled to all relief necessary to make the per- In 1993, Congress and President Clin- of these companies, and shareholder son whole. ton expanded this tax. A provision was profits soared. (2) COMPENSATORY DAMAGES.—Relief for passed as part of a larger bill requiring His innovative thinking and business any action under paragraph (1) shall in- that 85 percent of a senior’s Social Se- skills amassed the fortune and wisdom clude— curity benefit be taxed if their income he unselfishly shares with others. (A) in the case of a termination of, or other was above $34,000 for an individual and Oklahoma State University has bene- discriminatory act regarding the person’s $44,000 for a couple. This additional fited from his generous investment in employment— money is credited to the Medicare pro- (i) reinstatement with the same seniority academics and athletics. He is also a status that the person would have had, but gram. dedicated supporter of a wide range of for the discrimination; and I was in Congress in 1993, and fought medical research initiatives. He is an (ii) payment of the amount of any back against this provision. This is an unfair energetic advocate for the causes he pay, with interest, computed retroactively tax on our senior citizens who worked believes in, devoting his time to serve to the date of the discriminatory act; and year after year paying into Social Se- on numerous boards and receiving rec- (B) compensation for any special damages curity, only to be taxed on their bene- ognition through countless awards. sustained as a result of the discrimination, fits once they retired. He often said, ‘‘Be willing to make including litigation costs, expert witness My bill, the Social Security Benefits decisions. That’s the most important fees, and reasonable attorney fees. (d) RIGHTS RETAINED BY PERSON.—Nothing Tax Relief Act, would repeal the 1993 quality in a good leader. Don’t fall vic- in this section shall be deemed to diminish tax increase on benefits and would re- tim to what I call the ready-aim-aim- the rights, privileges, or remedies of any per- place the money that has been going to aim-aim syndrome.

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.050 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3563 You must be willing to fire.’’ That is a large number of general aviation pi- purchased more than 10,000 acres of exactly the Oklahoma mentality of lots and others who depend on their re- mountain land that had been heavily leadership, the ability to make tough gional Flight Service Station. The bill logged and was no longer productive to decisions and stick to them. already enjoys significant bipartisan demonstrate how sub-marginal land I encourage my colleagues to join me support, and I will continue to work could be turned into a productive rec- in support of this legislation as we with members of both parties to pre- reational area and help put people back commemorate an outstanding citizen serve aviation safety. to work. From 1936 through 1941, hun- so that future generations will be chal- I ask unanimous consent that the dreds of workers under the Works lenged by his example, just as we have text of the Federal Aviation Safety Se- Progress Administration and later the been. curity Act be printed in the RECORD. Civilian Conservation Corps were em- There being no objection, the bill was ployed in reforestation activities and By Mr. JOHNSON (for himself, ordered to be printed in the RECORD, as in the construction of a number of Mr. THUNE, Mr. DAYTON, Mr. follows: camps, roads and other facilities, in- LAUTENBERG, Mr. KENNEDY, and S. 776 cluding the camp now known as Camp Mr. ROCKEFELLER): Be it enacted by the Senate and House of Rep- David, and one of the earliest—if not S. 776. A bill to designate certain resentatives of the United States of America in the oldest—camp for disabled individ- functions performed at flight service Congress assembled, uals. In November 1936, administrative stations of the Federal Aviation Ad- SECTION 1. SHORT TITLE. authority for the Catoctin RDA was ministration as inherently govern- This Act may be cited as the ‘‘The Federal transferred to the National Park Serv- mental functions, and for other pur- Aviation Safety Security Act of 2005’’. ice by Executive Order. poses; to the Committee on Commerce, SEC. 2. INHERENTLY GOVERNMENTAL DETER- In 1942, concern about President Roo- Science, and Transportation. MINATION. sevelt’s health and safety led to the se- Mr. JOHNSON. Mr. President, I rise For purposes of section 2(a) of the Federal lection of Catoctin Mountain, and spe- today to introduce legislation to en- Inventory Activities Act of 1998 (112 Stat. cifically Camp Hi-Catoctin as the loca- sure that rural America’s aviation net- 2382), the functions performed by air traffic control specialists at flight service stations tion for the President’s new retreat. work benefits from the same level of operated by the Federal Aviation Adminis- Subsequently approximately 5,000 acres service and safety as America’s busiest tration are inherently governmental func- of the area was transferred to the State airports. Whether moving products and tions and must be performed by Federal em- of Maryland, becoming Cunningham services as part of the global economy, ployees. Falls State Park in 1954. The remain- or shepherding sick patients for med- SEC. 3. ACTIONS VOIDED. ing 5,770 acres of the Catoctin Recre- ical care, rural communities require Any action taken pursuant to section 2(a) ation Demonstration Area was re- the same basic air infrastructure net- of the Federal Inventory Activities Act of named Catoctin Mountain Park by the work. By ensuring that Flight Service 1998 (112 Stat. 2382), or any other law or legal Director of the National Park Service Stations remain in rural areas, general authority with respect to functions per- in 1954. Unfortunately, the Director formed by air traffic control specialists at aviation pilots will continue to be able flight service stations operated by the Fed- failed to include the term ‘‘National’’ to serve regions that may otherwise be eral Aviation Administration is null and in the title and the park today remains neglected. void. one of eleven units in the National Flight Service Stations currently Park System—all in the National Cap- provide general aviation pilots with By Mr. SARBANES: ital Region—that do not have this des- weather briefings, temporary flight re- S. 777. A bill to designate Catoctin ignation. strictions, emergency information, and Mountain Park in the State of Mary- The proximity of Catoctin Mountain aid in search and rescue situations. land as the ‘‘Catoctin Mountain Na- Park, Camp David, and Cunningham Flight Service Station Specialists use tional Recreation Area’’, and for other Falls State Park, and the differences their expertise of regional weather, purposes; to the Committee on Energy between national and state park man- landscape, and flight conditions to en- and Natural Resources. agement, has caused longstanding con- sure pilots reach their destinations Mr. SARBANES. Mr. President, fusion for visitors to the area. Catoctin safely. Their work has kept general today I am reintroducing legislation to Mountain Park is continually aviation running smoothly and has lit- re-designate Catoctin Mountain Park misidentified by the public as con- erally saved lives. as the Catoctin Mountain National taining lake and beach areas associated On February 1, 2005, the Federal Recreation Area. This measure was with Cunningham Falls State Park, Aviation Administration announced unanimously approved by the full Sen- being operated by the State of Mary- that operations conducted by Flight ate during the 108th Congress, but un- land, or being closed to the public be- Service Stations would be performed fortunately, was not considered in the cause of the presence of Camp David. by a private contractor. Under the Ad- House. National Park employees spend count- ministration’s proposal, the contractor I spoke during the 108th Congress less hours explaining, assisting and re- will eliminate 38 of the 58 stations about the need to enact this legislation directing visitors to their desired des- across the country. Work currently and I want to underscore some of the tinations. conducted by these stations will then key reasons today. Catoctin Mountain My legislation would help to address be done by employees located in the re- Park is a hidden gem in our National this situation and clearly identify this maining 20 stations. Park System. Home to Camp David, park as a unit of the National Park The Federal Aviation Administra- the Presidential retreat, it has been System by renaming it the Catoctin tion’s proposal will lead to decreased aptly described as ‘‘America’s most fa- Mountain National Recreation Area. safety for pilots of small planes be- mous unknown park.’’ Comprising The Maryland State Highway Adminis- cause they will no longer be talking to nearly 6000 acres of the eastern reach tration, perhaps in anticipation of the personnel familiar with regional of the Appalachian Mountains in Mary- enactment of this bill, has already weather and topography. The consoli- land, the park is rich in history as well changed some of the signs leading to dated system will strain service capa- as outdoor recreation opportunities. the Park. This bill would make the bility because fewer employees will be Visitors can enjoy camping, pic- name change official within the Na- responsible for a growing system of nicking, cross-country skiing, fishing, tional Park Service and on official Na- general air traffic. The proposed plan as well as the solitude and beauty of tional Park Service maps. Moreover, will be especially harmful to rural the woodland mountain and streams in the mission and characteristics of this areas that more heavily rely upon the park. park—which include the preservation smaller aircraft. Catoctin Mountain Park had its ori- of significant historic resources and The Federal Aviation Safety Secu- gins during the Great Depression as important natural areas in locations rity Act would ensure that these facili- one of 46 Recreational Demonstration that provide outdoor recreation for ties can continue to preserve and pro- Areas (RDA) established under the au- large numbers of people—make this tect general aviation in the United thority of the National Industrial Re- designation appropriate. This measure States. This legislation is supported by covery Act. The Federal Government would not change access requirements

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.053 S13PT1 S3564 CONGRESSIONAL RECORD — SENATE April 13, 2005 or current recreational uses occurring (c) BOUNDARY.— The American people do not think within the park. But it would assist the (1) IN GENERAL.—The recreation area shall this is right. According to a November visiting public in distinguishing be- consist of land within the boundary depicted 2004 CBS/New York Times poll, 8 out of tween the many units of the State and on the map. 10 Americans believe that pharmacists (2) AVAILABILITY OF MAP.—The map shall should not be permitted to refuse to Federal systems. It will also, in my be on file and available for public inspection judgment, help promote tourism by en- in the appropriate offices of the National dispense birth control pills, including hancing public awareness of the Na- Park Service. 70 percent of Republicans. They know tional Park unit. (3) ADJUSTMENTS.—The Secretary may that contraceptives are a legal and ef- I urge approval of this legislation and make minor adjustments in the boundary of fective way to reduce unintended preg- ask unanimous consent that the full the recreation area consistent with section nancies and abortions. text of the legislation be printed in the 7(c) of the Land and Water Conservation But this challenge is not just about Fund Act of 1965 (16 U.S.C. 460l–9(c)). RECORD. contraceptives. It’s about access to (d) ACQUISITION AUTHORITY.—The Secretary health care. It’s about making deci- There being no objection, the bill was may acquire any land, interest in land, or ordered to be printed in the RECORD, as sions based on science and medicine. improvement to land within the boundary of Tomorrow, pharmacists could refuse to follows: the recreation area by donation, purchase S. 777 with donated or appropriated funds, or ex- dispense any drug for any medical con- dition. Access to pharmaceuticals Be it enacted by the Senate and House of Rep- change. resentatives of the United States of America in (e) ADMINISTRATION.—The Secretary shall should depend on medical judgments, Congress assembled, administer the recreation area— not personal ideology. SECTION 1. SHORT TITLE. (1) in accordance with this Act and the The Pharmacy Consumer Protection This Act may be cited as the ‘‘Catoctin laws generally applicable to units of the Na- Act requires pharmacies that receive Mountain National Recreation Area Designa- tional Park System, including— Medicare and Medicaid funding to fill tion Act’’. (A) the Act of August 25, 1916 (16 U.S.C. 1 et all valid prescriptions for FDA-ap- seq.); and SEC. 2. FINDINGS AND PURPOSE. proved drugs and devices without un- (B) the Act of August 21, 1935 (16 U.S.C. 461 (a) FINDINGS.—Congress finds that— necessary delay or interference. That et seq.); and (1) the Catoctin Recreation Demonstration (2) in a manner that protects and enhances means, if the item is not in stock, the Area, in Frederick County, Maryland— the scenic, natural, cultural, historical, and pharmacy should order it according to (A) was established in 1933; and recreational resources of the recreation area. its standard procedures, or, if the cus- (B) was transferred to the National Park SEC. 5. AUTHORIZATION OF APPROPRIATIONS. tomer prefers, transfer it to another Service by executive order in 1936; pharmacy or give the prescription (2) in 1942, the presidential retreat known There are authorized to be appropriated as ‘‘Camp David’’ was established in the Ca- such sums as are necessary to carry out this back. toctin Recreation Demonstration Area; Act. There are medical reasons why a (3) in 1952, approximately 5,000 acres of pharmacy wouldn’t want to fill pre- land in the Catoctin Recreation Demonstra- Mrs. BOXER (for herself and Mr. scriptions including problems with dos- tion Area was transferred to the State of LAUTENBERG): ages, harmful interactions with other Maryland and designated as Cunningham S. 778. A bill to amend title XVIII drugs, or potential drug abuse. This Falls State Park; and XIX of the Social Security Act to bill would not interfere with those de- (4) in 1954, the Catoctin Recreation Dem- require a pharmacy that receives pay- cisions. onstration Area was renamed ‘‘Catoctin ments or has contracts under the medi- I know some are concerned about Mountain Park’’; care and medicaid programs to ensure those pharmacists who do not want to (5) the proximity of Catoctin Mountain that all valid prescriptions are filled dispense particular medications be- Park, Camp David, and Cunningham Falls without unnecessary delay or inter- State Park and the difference between man- cause of their personal beliefs, includ- agement of the parks by the Federal and ference; to the Committee on Finance. ing their religious values. I believe State government has caused longstanding Mrs. BOXER. Mr. President, today I that is between the pharmacist and his confusion to visitors to the parks; am introducing ‘‘The Pharmacy Con- or her employer. In this bill, it is the (6) Catoctin Mountain Park is 1 of 17 units sumer Protection Act of 2005’’ to en- responsibility of the pharmacy, not the in the National Park System and 1 of 9 units sure that our Nation’s pharmacies fill pharmacist, to ensure that prescrip- in the National Capital Region that does not all valid prescriptions without unnec- tions are filled. Pharmacies can accom- have the word ‘‘National’’ in the title; and essary delay or interference. modate their employees in any manner (7) the history, uses, and resources of Ca- We are hearing more and more sto- that they wish as long as customers get toctin Mountain Park make the park appro- ries about pharmacists refusing to fill their medications without delay, inter- priate for designation as a national recre- ation area. prescriptions for contraceptives be- ference, or harassment. (b) PURPOSE.—It is the purpose of this Act cause of their personal beliefs, not Most of our pharmacies receive reim- to designate Catoctin Mountain Park as a their medical concerns. Some of my bursements through Medicaid. When national recreation area to— constituents have told me about their the prescription drug program goes (1) clearly identify the park as a unit of experiences. One woman in Merced into full effect in January, a growing the National Park System; and County was turned away by a phar- number will be part of Medicare. If a (2) distinguish the park from Cunningham macist who said ‘‘we don’t do that pharmacy contracts with our Medicaid Falls State Park. here,’’ but, less than two hours later, or Medicare programs, directly or indi- SEC. 3. DEFINITIONS. another pharmacist in the store filled rectly, they should fulfill their funda- (a) MAP.—The term ‘‘map’’ means the map the same prescription for another cus- mental duty to the patients they serve. entitled ‘‘Catoctin Mountain National Recre- Most pharmacists work hard and do ation Area’’, numbered 841/80444, and dated tomer immediately. It’s not just in California, of course. right by their patients every day. They August 14, 2002. believe in science. They believe that if (b) RECREATION AREA.—The term ‘‘recre- In Menomonie, WI, a pharmacist told ation area’’ means the Catoctin Mountain a woman he wouldn’t fill her prescrip- a doctor writes a valid prescription, it National Recreation Area designated by sec- tion for birth control pills or even should be filled. But, unfortunately, tion 4(a). transfer her prescription to another some have put their personal views (c) SECRETARY.—The term ‘‘Secretary’’ pharmacy. In Fabens, TX, a married over the health of their patients. That means the Secretary of the Interior. is wrong. When people walk into a woman had just had a baby. It had been SEC. 4. CATOCTIN MOUNTAIN NATIONAL RECRE- pharmacy, they should have confidence a C-section. Her doctor told her not to ATION AREA. that they will get the medications they get pregnant again in the near future, (a) DESIGNATION.—Catoctin Mountain Park need, when they need them. The Phar- in the State of Maryland shall be known and and prescribed birth control pills. She designated as the ‘‘Catoctin Mountain Na- macy Consumer Protection Act of 2005 went to get her prescription refilled will help ensure just that. tional Recreation Area’’. while visiting her mother in Fabens. (b) REFERENCES.—Any reference in a law, Unfortunately, the cashier told her map, regulation, document, paper, or other By Mr. DORGAN (for himself and record of the United States to Catoctin that the pharmacist wouldn’t be able Mr. LEVIN): Mountain Park shall be deemed to be a ref- to refill her prescription because birth S. 779. A bill to amend the Internal erence to the Catoctin Mountain National control was ‘‘against his religion’’ and Revenue Code of 1986 to treat con- Recreation Area. was a form of ‘‘abortion.’’ trolled foreign corporations established

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.055 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3565 in tax havens as domestic corporations; that 59 out of the 100 largest publicly- income to offshore tax-haven subsidi- to the Committee on Finance. traded federal contractors in 2001—with aries. For example, any efforts by a Mr. DORGAN. Mr. President, today tens of billions of dollars of federal U.S. company to move profits to the I’m joined by Senator LEVIN of Michi- contracts in 2001—had established hun- subsidiary through transfer pricing gan in introducing legislation that we dreds of subsidiaries located in offshore schemes will not work because the in- believe will help the Internal Revenue tax havens. come earned by the subsidiary would Service (IRS) combat offshore tax- According to the GAO, Exxon-Mobil still be immediately taxable by the haven abuses and ensure that U.S. mul- Corporation, the 21st largest publicly United States. Likewise, any efforts to tinational companies pay the U.S. traded federal contractor in 2001, has move otherwise active income earned taxes that they rightfully owe. some 11 tax-haven subsidiaries in the by a U.S. company in a high-tax for- Tens of millions of taxpayers will be Bahamas. Halliburton Company report- eign country to a tax haven would rushing to file their tax returns in the edly has 17 tax-haven subsidiaries, in- cause the income to be immediately next few days in order to fulfill their cluding 13 in the Cayman Islands, a taxable by the United States. Compa- taxpaying responsibility by the April country that has never imposed a cor- nies that try to move intangible as- 15 filing deadline. Some tax experts es- porate income tax, as well as 2 in sets—and the income they produce—to timate that taxpayers will spend over Liechtenstein and 2 in Panama. And tax havens would be unsuccessful be- $100 billion and more than 6 billion the now infamous Enron Corporation cause the income would still be imme- hours this year trying to comply with had 1,300 different foreign entities, in- diately taxable by the United States. their federal tax obligation. It’s no cluding some 441 located in the Cay- Let me be very clear about one thing. wonder that many Americans are frus- man Islands. This legislation will not adversely im- trated with the current tax system and More recently, former Joint Com- pact U.S. companies with controlled would gladly welcome substantive ef- mittee on Taxation economist Martin foreign subsidiaries that are located in forts to simplify it. Sullivan released a study that looked tax havens and doing legitimate and However, this frustration changes to at the amount of profits that US. com- substantial business. The legislation anger when the taxpayers who pay panies are shifting to offshore tax ha- expressly exempts a U.S.-controlled their taxes on time each year discover vens. He found that U.S. multi- foreign subsidiary from its tax rule that many corporate taxpayers are nationals had moved hundreds of bil- changes when substantially all of its shirking their tax obligations by ac- lions of profits to tax havens for years income is derived from the active con- tively shifting their profits to foreign 1999–2002, the latest years for which duct of a trade or business within a tax havens or using other inappro- IRS data is available. listed tax-haven country. priate tax avoidance techniques. The Although Congress passed legisla- In 2002, then-IRS Commissioner bill that Senator LEVIN and I are intro- tion, which I supported, that addresses Charles Rossotti told Congress that ducing today is a simple and straight- the problem of corporate expatriates ‘‘nothing undermines confidence in the forward way to try to tackle the off- that reincorporate overseas, that legis- tax system more than the impression shore tax-haven problem. lation did nothing to deal with the that the average honest taxpayer has Specifically, our legislation denies problem of U.S. companies that are set- to pay his or her taxes while more tax benefits, namely tax deferral, to ting up tax-haven subsidiaries to avoid wealthy or unscrupulous taxpayers are U.S. multinational companies that set their taxpaying responsibilities in this allowed to get away with not paying.’’ up controlled foreign corporations in country. Last week, IRS Commissioner Everson tax-haven countries by treating those The legislation that we are intro- echoed similar sentiments at a Senate subsidiaries as domestic companies for ducing builds upon the good work of Transportation-Treasury Appropria- U.S. income tax purposes. This tracks Senators GRASSLEY and BAUCUS and tions Subcommittee hearing I attended the same general approach embraced other members of the Senate Finance on the IRS’s FY 2006 budget request. and passed by the Congress in other tax Committee by extending similar tax They are absolutely right. It’s gross- legislation designed to curb the prob- policy changes to cover the case of U.S. ly unfair to ask our Main Street busi- lem of corporate inversions. companies and their tax-haven subsidi- nesses to operate at a competitive dis- We have known for many years that aries. advantage to large multinational busi- some very profitable U.S. multi- Specifically, our legislation would do nesses simply because our tax authori- national businesses are using offshore the following: 1. Treat U.S. controlled ties are unable to grapple with the tax havens to avoid paying their fair foreign subsidiaries that are set up in growing offshore tax avoidance prob- share of U.S. taxes. But Congress has tax-haven countries as domestic com- lem. It is outrageous that tens of mil- really done very little to stop this panies for U.S. tax purposes. In other lions of working families who pay their hemorrhaging of tax revenues. In fact, words, we would simply treat these taxes on time every year are shoul- recent evidence suggests that the tax- companies as if they never left the dering the tax burden of large profit- haven problem is getting much worse United States, which is essentially the able U.S. multinational companies that and may be draining the U.S. Treasury case in these tax avoidance motivated use tax-haven subsidiaries. of tens of billions of dollars every year. transactions. I hope that Congress will act prompt- The New York Times got it right 2. List specific tax-haven countries ly to enact legislation to curb these when it suggested that ‘‘instead of subject to the new rule (based upon the tax-haven subsidiary abuses. I urge my moving headquarters offshore, many previous work by the Organization for colleagues to cosponsor this bill. companies are simply placing patents Economic Cooperation and Develop- on drugs, ownership of corporate logos, ment) and give the Secretary of the f techniques for manufacturing processes Treasury the ability to add or remove and other intangible assets in tax ha- a foreign country from this list in ap- SUBMITTED RESOLUTIONS vens . . . The companies then charge propriate cases. their subsidiaries in higher-tax locales, 3. Provide an exception where sub- including the U.S., for the use of these stantially all of a U.S. controlled for- intellectual properties. This allows the eign corporation’s income is derived SENATE RESOLUTION 106—CON- companies to take profits in these ha- from the active conduct of a trade or GRATULATING THE UNIVERSITY vens and pay far less in taxes.’’ business within the listed tax-haven OF DENVER PIONEERS MEN’S How pervasive is the tax-haven sub- country. HOCKEY TEAM, 2005 NATIONAL sidiary problem? Last year, the Gov- 4. Make these proposed changes effec- COLLEGIATE ATHLETIC ASSOCIA- ernment Accountability Office (GAO), tive beginning after December 31, 2007. TION DIVISION I HOCKEY CHAM- the investigative arm of Congress, This will give businesses ample time to PIONS issued a report that Senator LEVIN and restructure their tax-haven operations Mr. SALAZAR (for himself and Mr. I requested that gives some insight to if they so choose. ALLARD) submitted the following reso- the potential magnitude of this tax This legislation will help end the tax lution; which was considered and avoidance activity. The GAO found benefits for U.S. companies that shift agreed to:

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S. RES. 106 SA 368. Mr. CORZINE (for himself, Mr. NER, Mr. JEFFORDS, Mr. SARBANES, Mr. DAY- Whereas the Denver Pioneers first won the DEWINE, Mr. BROWNBACK, Mr. DURBIN, and TON, Mr. KENNEDY, Ms. LANDRIEU, Mr. REED, National Collegiate Athletic Association Mr. LEAHY) submitted an amendment in- Mr. LAUTENBERG, Mr. FEINGOLD, Mr. DORGAN, (NCAA) Hockey Championship in 1958; tended to be proposed by him to the bill H.R. Mr. KERRY, Mr. CONRAD, Mr. THOMAS, Mr. Whereas the University of Denver has won 1268, supra; which was ordered to lie on the STEVENS, Mr. DEWINE, Mr. COLEMAN, Ms. 7 NCAA Division I Men’s Hockey Champion- table. SNOWE, and Ms. COLLINS) proposed an amend- ships, including back-to-back championships SA 369. Mr. BINGAMAN submitted an ment to the bill H.R. 1268, supra. in 2004 and 2005; amendment intended to be proposed by him SA 388. Mr. BAYH submitted an amend- Whereas on April 9, 2005, the University of to the bill H.R. 1268, supra; which was or- ment intended to be proposed by him to the Denver won the Frozen Four with a hard dered to lie on the table. bill H.R. 1268, supra; which was ordered to lie SA 370. Mr. SALAZAR submitted an fought victory over the University of North on the table. amendment intended to be proposed by him Dakota Fighting Sioux; and SA 389. Mr. REID submitted an amendment to the bill H.R. 1268, supra; which was or- Whereas the Championship ended a terrific intended to be proposed by him to the bill dered to lie on the table. season in which the University of Denver H.R. 1268, supra; which was ordered to lie on SA 371. Mr. NELSON, of Nebraska sub- outscored its opponents 170 to 109 and had a the table. mitted an amendment intended to be pro- record of 31–9–2: Now, therefore, be it SA 390. Mr. OBAMA (for himself, Mr. posed by him to the bill H.R. 1268, supra; Resolved, That the Senate congratulates GRAHAM, Mr. BINGAMAN, and Mr. CORZINE) which was ordered to lie on the table. submitted an amendment intended to be pro- the University of Denver Pioneers men’s SA 372. Mr. CORNYN (for himself and Mrs. hockey team, Coach George Gwozdecky, and posed by him to the bill H.R. 1268, supra; FEINSTEIN) proposed an amendment to the which was ordered to lie on the table. Chancellor Daniel Ritchie on an outstanding bill H.R. 1268, supra. championship season, a season which solidi- SA 391. Mr. OBAMA (for himself and Mr. SA 373. Mrs. FEINSTEIN submitted an DURBIN) submitted an amendment intended fies the Pioneers’ status among the elite in amendment intended to be proposed by her collegiate hockey. to be proposed by him to the bill H.R. 1268, to the bill H.R. 1268, supra; which was or- supra; which was ordered to lie on the table. f dered to lie on the table. SA 392. Mr. OBAMA submitted an amend- SA 374. Mr. KOHL (for himself, Mr. ment intended to be proposed by him to the AMENDMENTS SUBMITTED AND DEWINE, Mr. HARKIN, Mr. DURBIN, Mr. PROPOSED bill H.R. 1268, supra; which was ordered to lie LEAHY, Ms. MIKULSKI, Mr. INOUYE, Ms. on the table. SA 357. Mr. KOHL (for himself, Mr. LANDRIEU, Mrs. MURRAY, Mr. DORGAN, Mr. SA 393. Mr. KENNEDY submitted an DEWINE, Mr. HARKIN, Mr. DURBIN, Mr. COLEMAN, Mr. OBAMA, and Mr. CORZINE) sub- amendment intended to be proposed by him LEAHY, Ms. MIKULSKI, Mr. INOUYE, Ms. mitted an amendment intended to be pro- to the bill H.R. 1268, supra; which was or- LANDRIEU, Mrs. MURRAY, Mr. DORGAN, Mr. posed by him to the bill H.R. 1268, supra; dered to lie on the table. COLEMAN, Mr. OBAMA, and Mr. CORZINE) sub- which was ordered to lie on the table. SA 394. Mr. WARNER submitted an amend- SA 375. Mr. CRAIG (for himself and Mr. mitted an amendment intended to be pro- ment intended to be proposed by him to the KENNEDY) submitted an amendment intended posed by him to the bill H.R. 1268, Making bill H.R. 1268, supra; which was ordered to lie to be proposed by him to the bill H.R. 1268, emergency supplemental appropriations for on the table. the fiscal year ending September 30, 2005, to supra; which was ordered to lie on the table. SA 395. Mrs. FEINSTEIN (for herself, Mr. SA 376. Mr. WYDEN (for himself, Mr. establish and rapidly implement regulations BROWNBACK, Mr. LIEBERMAN, Mr. ALEXANDER, SMITH, and Mrs. MURRAY) submitted an for State driver’s license and identification Mr. LEAHY, Mrs. CLINTON, and Mrs. BOXER) amendment intended to be proposed by him document security standards, to prevent ter- proposed an amendment to the bill H.R. 1268, to the bill H.R. 1268, supra; which was or- rorists from abusing the asylum laws of the supra. dered to lie on the table. United States, to unify terrorism-related SA 396. Mr. KOHL submitted an amend- SA 377. Mr. REED (for himself, Ms. SNOWE, grounds for inadmissibility and removal, to ment intended to be proposed by him to the Mr. KENNEDY, Mr. CHAFEE, and Mr. KERRY) ensure expeditious construction of the San bill H.R. 1268, supra; which was ordered to lie submitted an amendment intended to be pro- Diego border fence, and for other purposes; on the table. posed by him to the bill H.R. 1268, supra; which was ordered to lie on the table. SA 397. Mr. LEVIN submitted an amend- which was ordered to lie on the table. SA 358. Mrs. FEINSTEIN (for herself, Mr. SA 378. Mr. SCHUMER submitted an ment intended to be proposed by him to the BROWNBACK, Mr. LIEBERMAN, Mr. ALEXANDER, amendment intended to be proposed by him bill H.R. 1268, supra; which was ordered to lie Mr. LEAHY, Mrs. BOXER, and Mrs. CLINTON) to the bill H.R. 1268, supra; which was or- on the table. submitted an amendment intended to be pro- SA 398. Mr. DORGAN (for himself, Mr. dered to lie on the table. posed by her to the bill H.R. 1268, supra; SA 379. Mrs. HUTCHISON (for herself and DURBIN, Mr. LAUTENBERG, and Mr. HARKIN) which was ordered to lie on the table. Mr. SCHUMER) submitted an amendment in- submitted an amendment intended to be pro- SA 359. Mrs. FEINSTEIN submitted an tended to be proposed by her to the bill H.R. posed by him to the bill H.R. 1268, supra; amendment intended to be proposed by her 1268, supra; which was ordered to lie on the which was ordered to lie on the table. to the bill H.R. 1268, supra; which was or- table. SA 399. Mr. DORGAN submitted an amend- dered to lie on the table. SA 380. Mr. KOHL (for himself, Mr. ment intended to be proposed by him to the SA 360. Mrs. FEINSTEIN submitted an DEWINE, Mr. HARKIN, Mr. DURBIN, Mr. bill H.R. 1268, supra; which was ordered to lie amendment intended to be proposed by her LEAHY, Ms. MIKULSKI, Mr. INOUYE, Ms. on the table. to the bill H.R. 1268, supra; which was or- LANDRIEU, Mrs. MURRAY, Mr. DORGAN, Mr. SA 400. Mr. JEFFORDS submitted an dered to lie on the table. COLEMAN, Mr. OBAMA, and Mr. CORZINE) sub- amendment intended to be proposed by him SA 361. Mr. REID (for himself and Mr. mitted an amendment intended to be pro- to the bill H.R. 1268, supra; which was or- LEVIN) submitted an amendment intended to posed by him to the bill H.R. 1268, supra; dered to lie on the table. be proposed by him to the bill H.R. 1268, which was ordered to lie on the table. SA 401. Mr. COCHRAN (for Mr. MCCON- supra; which was ordered to lie on the table. SA 381. Mr. CHAMBLISS (for himself and NELL) proposed an amendment to the bill SA 362. Mrs. FEINSTEIN submitted an Mr. KYL) submitted an amendment intended H.R. 1268, supra. amendment intended to be proposed by her to be proposed by him to the bill H.R. 1268, SA 402. Mr. COCHRAN (for Mr. MCCONNELL to the bill H.R. 1268, supra; which was or- supra; which was ordered to lie on the table. (for himself, Mr. LEAHY, and Mr. OBAMA)) dered to lie on the table. SA 382. Mrs. FEINSTEIN submitted an proposed an amendment to the bill H.R. 1268, SA 363. Mr. SARBANES (for himself and amendment intended to be proposed by her supra. Ms. MIKULSKI) submitted an amendment in- to the bill H.R. 1268, supra; which was or- SA 403. Mr. COCHRAN (for Mr. LUGAR (for tended to be proposed by him to the bill H.R. dered to lie on the table. himself and Mr . BIDEN)) proposed an amend- 1268, supra; which was ordered to lie on the SA 383. Mrs. FEINSTEIN submitted an ment to the bill H.R. 1268, supra. table. amendment intended to be proposed by her SA 404. Mr. COCHRAN (for Mr. LEAHY) pro- SA 364. Mr. BROWNBACK submitted an to the bill H.R. 1268, supra; which was or- posed an amendment to the bill H.R. 1268, amendment intended to be proposed by him dered to lie on the table. supra. to the bill H.R. 1268, supra; which was or- SA 384. Mrs. FEINSTEIN submitted an SA 405. Mr. COCHRAN (for Mr. LEAHY) pro- dered to lie on the table. amendment intended to be proposed by her posed an amendment to the bill H.R. 1268, SA 365. Mr. BROWNBACK submitted an to the bill H.R. 1268, supra; which was or- supra. amendment intended to be proposed by him dered to lie on the table. SA 406. Mr. BAYH (for himself, Mr. PRYOR, to the bill H.R. 1268, supra; which was or- SA 385. Mrs. FEINSTEIN submitted an and Mr. CORZINE) proposed an amendment to dered to lie on the table. amendment intended to be proposed by her the bill H.R. 1268, supra. SA 366. Mr. CORZINE (for himself and Mr. to the bill H.R. 1268, supra; which was or- SA 407. Mr. REID submitted an amendment BROWNBACK) submitted an amendment in- dered to lie on the table. intended to be proposed by him to the bill tended to be proposed by him to the bill H.R. SA 386. Mr. STEVENS (for himself and Mr. H.R. 1268, supra; which was ordered to lie on 1268, supra; which was ordered to lie on the INOUYE) proposed an amendment to the bill the table. table. H.R. 1268, supra. SA 408. Mrs. FEINSTEIN (for herself and SA 367. Mr. BYRD proposed an amendment SA 387. Ms. MIKULSKI (for herself, Mr. Mrs. BOXER) submitted an amendment in- to the bill H.R. 1268, supra. ALLEN, Mr. LEAHY, Mr. CORZINE, Mr. WAR- tended to be proposed by her to the bill H.R.

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.057 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3567 1268, supra; which was ordered to lie on the (1) the Senate conferees should not agree by her to the bill H.R. 1268, Making table. to the inclusion of language from division B emergency supplemental appropria- SA 409. Mr. JEFFORDS submitted an of the Act (as passed by the House of Rep- tions for the fiscal year ending Sep- amendment intended to be proposed by him resentatives on March 16, 2005) in the con- tember 30, 2005, to establish and rapidly to the bill H.R. 1268, supra; which was or- ference report; dered to lie on the table. (2) the language referred to in paragraph implement regulations for State driv- SA 410. Mr. ENSIGN submitted an amend- (1) is contained in H.R. 418, which was— er’s license and identification docu- ment intended to be proposed by him to the (A) passed by the House of Representatives ment security standards, to prevent bill H.R. 1268, supra; which was ordered to lie on February 10, 2005; and terrorists from abusing the asylum on the table. (B) referred to the Committee on the Judi- laws of the United States, to unify ter- SA 411. Mr. SESSIONS (for Mr. BAUCUS (for ciary of the Senate on February 17, 2005; and rorism-related grounds for inadmis- himself, Mr. GRASSLEY, Ms. LANDRIEU, Mr. (3) the Committee on the Judiciary is the sibility and removal, to ensure expedi- LOTT, Mrs. FEINSTEIN, Mr. VITTER, Mr. NEL- appropriate committee to address this mat- tious construction of the San Diego SON of Florida, Mr. BOND, and Mr. MAR- ter. TINEZ)) proposed an amendment to the bill border fence, and for other purposes; H.R. 1134, to amend the Internal Revenue SA 359. Mrs. FEINSTEIN submitted which was ordered to lie on the table; Code of 1986 to provide for the proper tax an amendment intended to be proposed as follows: treatment of certain disaster mitigation by her to the bill H.R. 1268, Making On page 231, between lines 3 and 4, insert payments. emergency supplemental appropria- the following: f tions for the fiscal year ending Sep- USE OF GUANTANAMO BAY DETENTION TEXT OF AMENDMENTS tember 30, 2005, to establish and rapidly FACILITIES SEC. 6047. (a) The Secretary of Defense, the SA 357. Mr. KOHL (for himself, Mr. implement regulations for State driv- er’s license and identification docu- Attorney General of the United States, and DEWINE, Mr. HARKIN, Mr. DURBIN, Mr. the Director of National Intelligence (upon LEAHY, Ms. MIKULSKI, Mr. INOUYE, Ms. ment security standards, to prevent terrorists from abusing the asylum confirmation) shall submit a report to Con- LANDRIEU, Mrs. MURRAY, Mr. DORGAN, gress, in both classified and unclassified Mr. COLEMAN, Mr. OBAMA, and Mr. laws of the United States, to unify ter- form, assessing the use of detention facilities CORZINE) submitted an amendment in- rorism-related grounds for inadmis- at Guantanamo Bay, Cuba, including— tended to be proposed by him to the sibility and removal, to ensure expedi- (1) a statement of the rationale for using bill H.R. 1268, Making emergency sup- tious construction of the San Diego Guantanamo Bay as the location for deten- plemental appropriations for the fiscal border fence, and for other purposes; tion facilities; (2) a comparison of the costs of maintain- year ending September 30, 2005, to es- which was ordered to lie on the table; as follows: ing such a facility at Guantanamo Bay with tablish and rapidly implement regula- maintaining a similar facility within the tions for State driver’s license and At the appropriate place, insert the fol- United States; identification document security lowing: (3) a comparison of the measures necessary standards, to prevent terrorists from SEC. ll. IMMIGRATION FRAUD. to maintain the facility securely at Guanta- abusing the asylum laws of the United (a) FRAUDULENT USE OF PASSPORTS.— namo Bay with maintaining a similar facil- (1) CRIMINAL CODE.— ity within the United States; States, to unify terrorism-related (A) SECRETARY OF HOMELAND SECURITY.— grounds for inadmissibility and re- (4) a comprehensive listing of interroga- Section 1546 of title 18, United States Code, tion techniques which could be lawfully used moval, to ensure expeditious construc- is amended by striking ‘‘the Commissioner of at Guantanamo Bay, but not at a location tion of the San Diego border fence, and the Immigration and Naturalization Serv- within the United States; and for other purposes; which was ordered ice’’ each place it appears and inserting ‘‘the (5) an analysis of procedural rights, includ- to lie on the table; as follows: Secretary of Homeland Security’’. ing rights of appeal and review, which would In the bill, on page 171, line 2 strike (B) DEFINITION OF PASSPORT.—Chapter 75 of be available to a detainee held within the ‘‘$150,000,000 through ‘‘expended’’ and insert title 18, United States Code, is amended by United States, but not available to a simi- in lieu thereof the following: adding at the end the following: larly situated detainee held at Guantanamo ‘‘$470,000,000 to remain available until ex- ‘‘§ 1548. Definition Bay. pended: Provided, That from this amount, to ‘‘In sections 1543 and 1544, the term ‘pass- (b) The report under subsection (a) shall be the maximum extent possible, funding shall port’ means any passport issued by the submitted not later than 90 days after the be restored to the previously approved fiscal United States or any foreign country.’’. date of enactment of this Act. year 2005 programs under section 204(a)(2) of (C) CLERICAL AMENDMENT.—The table of (c) Funds appropriated or otherwise made the Agricultural Trade Development and As- sections for chapter 75 of title 18, United available under this Act related to improve- sistance Act of 1954: Provided further, That States Code, is amended by adding at the end ments to facilities at Guantanamo Bay shall of the funds provided under this heading, the following: not be obligated until and unless the report $12,000,000 shall be available to carry out pro- ‘‘Sec. 1548. Definition.’’. is submitted to Congress. grams under the Food for Progress Act of (2) IMMIGRATION AND NATIONALITY ACT.— 1985’’. SA 361. Mr. REID (for himself and Section 101(a)(43)(P) of the Immigration and Mr. LEVIN) submitted an amendment SA 358. Mrs. FEINSTEIN (for herself, Nationality Act (8 U.S.C. 1101(a)(43)(P)) is amended to read as follows: intended to be proposed by him to the Mr. BROWNBACK, Mr. LIEBERMAN, Mr. ‘‘(P)(i) an offense described in section 1542, bill H.R. 1268, Making emergency sup- ALEXANDER, Mr. LEAHY, Mrs. BOXER, 1543, or 1544 of title 18, United States Code plemental appropriations for the fiscal and Mrs. CLINTON) submitted an (relating to false statements in the applica- year ending September 30, 2005, to es- amendment intended to be proposed by tion, forgery, or misuse of a passport); tablish and rapidly implement regula- her to the bill H.R. 1268, Making emer- ‘‘(ii) an offense described in section 1546(a) tions for State driver’s license and gency supplemental appropriations for of title 18, United States Code, relating to identification document security the fiscal year ending September 30, document fraud used as evidence of author- standards, to prevent terrorists from ized stay or employment in the United 2005, to establish and rapidly imple- abusing the asylum laws of the United ment regulations for State driver’s li- States for which the term of imprisonment is at least 12 months; or States, to unify terrorism-related cense and identification document se- ‘‘(iii) any other offense described in section grounds for inadmissibility and re- curity standards, to prevent terrorists 1546(a) of title 18, United States Code, relat- moval, to ensure expeditious construc- from abusing the asylum laws of the ing to entry into the United States, regard- tion of the San Diego border fence, and United States, to unify terrorism-re- less of the term of imprisonment imposed.’’. for other purposes; which was ordered lated grounds for inadmissibility and (b) RELEASE AND DETENTION PRIOR TO DIS- to lie on the table; as follows: removal, to ensure expeditious con- POSITION.—Section 3142(f)(1) of title 18, United States Code, is amended— On page 169, between lines 8 and 9, insert struction of the San Diego border the following: fence, and for other purposes; which (1) in subparagraph (C), by striking ‘‘or’’ after the semicolon; and SENSE OF SENATE ON TREATMENT OF CERTAIN was ordered to lie on the table; as fol- (2) by adding at the end the following: VETERANS UNDER REPEAL OF PHASE-IN OF lows: ‘‘(E) an offense under section 1542, 1543, CONCURRENT RECEIPT OF RETIRED PAY AND At the appropriate place, insert the fol- 1544, or 1546(a) of this title; or’’. VETERANS DISABILITY COMPENSATION lowing: SEC. 1122. It is the sense of the Senate that SEC. ll. SENSE OF THE SENATE. SA 360. Mrs. FEINSTEIN submitted any veteran with a service-connected dis- It is the sense of the Senate that— an amendment intended to be proposed ability rated as total by virtue of having

VerDate Aug 04 2004 05:27 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.059 S13PT1 S3568 CONGRESSIONAL RECORD — SENATE April 13, 2005 been deemed unemployable who otherwise migration and Nationality Act (8 U.S.C. (ii) to consult, telephonically, with the Of- qualifies for treatment as a qualified retiree 1101(a)) is amended by adding at the end the fice. for purposes of section 1414 of title 10, United following: (3) RULE FOR APPREHENSIONS AT THE BOR- States Code, should be entitled to treatment ‘‘(51) The term ‘unaccompanied alien child’ DER.—The custody of unaccompanied alien as qualified retiree receiving veterans dis- means a child who— children not described in paragraph (2) who ability compensation for a disability rated ‘‘(A) has no lawful immigration status in are apprehended at the border of the United as 100 percent for purposes of the final clause the United States; States or at a United States port of entry of subsection (a)(1) of such section, as ‘‘(B) has not attained the age of 18; and shall be treated in accordance with sub- amended by section 642 of the Ronald W. ‘‘(C) with respect to whom— section (b). Reagan National Defense Authorization Act ‘‘(i) there is no parent or legal guardian in (b) CARE AND CUSTODY OF UNACCOMPANIED for Fiscal Year 2005 (Public Law 108–375; 118 the United States; or ALIEN CHILDREN FOUND IN THE INTERIOR OF Stat. 1957), and thus entitled to payment of ‘‘(ii) no parent or legal guardian in the THE UNITED STATES.— both retired pay and veterans’ disability United States is able to provide care and (1) ESTABLISHMENT OF JURISDICTION.— compensation under such section 1414 com- physical custody. (A) IN GENERAL.—Except as otherwise pro- mencing as of January 1, 2005. ‘‘(52) The term ‘unaccompanied refugee vided under subparagraphs (B) and (C) and children’ means persons described in para- subsection (a), the care and custody of all SA 362. Mrs. FEINSTEIN submitted graph (42) who— unaccompanied alien children, including re- an amendment intended to be proposed ‘‘(A) have not attained the age of 18; and sponsibility for their detention, where appro- by her to the bill H.R. 1268, Making ‘‘(B) with respect to whom there are no priate, shall be under the jurisdiction of the emergency supplemental appropria- parents or legal guardians available to pro- Office. tions for the fiscal year ending Sep- vide care and physical custody.’’. (B) EXCEPTION FOR CHILDREN WHO HAVE COM- tember 30, 2005, to establish and rapidly (c) RULE OF CONSTRUCTION.—A department MITTED CRIMES.—Notwithstanding subpara- implement regulations for State driv- or agency of a State, or an individual or en- graph (A), the Directorate shall retain or as- sume the custody and care of any unaccom- er’s license and identification docu- tity appointed by a State court or juvenile court located in the United States, acting in panied alien child who— ment security standards, to prevent (i) has been charged with any felony, ex- terrorists from abusing the asylum loco parentis, shall not be considered a legal guardian for purposes of section 462 of the cluding offenses proscribed by the Immigra- laws of the United States, to unify ter- Homeland Security Act of 2002 (6 U.S.C. 279) tion and Nationality Act (8 U.S.C. 1101 et rorism-related grounds for inadmis- or this Act. seq.), while such charges are pending; or (ii) has been convicted of any such felony. sibility and removal, to ensure expedi- Subtitle A—Custody, Release, Family (C) EXCEPTION FOR CHILDREN WHO THREATEN tious construction of the San Diego Reunification, and Detention border fence, and for other purposes; NATIONAL SECURITY.—Notwithstanding sub- SEC. 711. PROCEDURES WHEN ENCOUNTERING which was ordered to lie on the table; paragraph (A), the Directorate shall retain UNACCOMPANIED ALIEN CHILDREN. or assume the custody and care of an unac- as follows: (a) UNACCOMPANIED CHILDREN FOUND ALONG companied alien child if the Secretary has On page 231, between lines 3 and 4, insert THE UNITED STATES BORDER OR AT UNITED substantial evidence, based on an individual- the following: STATES PORTS OF ENTRY.— ized determination, that such child could TITLE VII—UNACCOMPANIED ALIEN (1) IN GENERAL.—Subject to paragraph (2), personally endanger the national security of CHILD PROTECTION ACT OF 2005 if an immigration officer finds an unaccom- the United States. SEC. 701. SHORT TITLE. panied alien child who is described in para- (D) TRAFFICKING VICTIMS.—For purposes of This Act may be cited as the ‘‘Unaccom- graph (2) at a land border or port of entry of this title and section 462 of the Homeland Se- panied Alien Child Protection Act of 2005’’. the United States and determines that such curity Act of 2002 (6 U.S.C. 279), an unaccom- SEC. 702. DEFINITIONS. child is inadmissible under the Immigration panied alien child who is eligible for services (a) IN GENERAL.—In this title: and Nationality Act (8 U.S.C. 1101 et seq.), authorized under the Victims of Trafficking (1) COMPETENT.—The term ‘‘competent’’, in the officer shall— and Violence Protection Act of 2000 (Public reference to counsel, means an attorney (A) permit such child to withdraw the Law 106–386), shall be considered to be in the who— child’s application for admission pursuant to custody of the Office. (A) complies with the duties set forth in section 235(a)(4) of the Immigration and Na- (2) NOTIFICATION.— this title; tionality Act (8 U.S.C. 1225(a)(4)); and (A) IN GENERAL.—The Secretary shall (B) is a member in good standing of the bar (B) return such child to the child’s country promptly notify the Office upon— of the highest court of any State, possession, of nationality or country of last habitual (i) the apprehension of an unaccompanied territory, Commonwealth, or the District of residence. alien child; Columbia; (2) SPECIAL RULE FOR CONTIGUOUS COUN- (ii) the discovery that an alien in the cus- (C) is not under any order of any court sus- TRIES.— tody of the Directorate is an unaccompanied pending, enjoining, restraining, disbarring, (A) IN GENERAL.—Any child who is a na- alien child; or otherwise restricting the attorney in the tional or habitual resident of a country that (iii) any claim by an alien in the custody of practice of law; and is contiguous with the United States and the Directorate that such alien is under the (D) is properly qualified to handle matters that has an agreement in writing with the age of 18; or involving unaccompanied immigrant chil- United States providing for the safe return (iv) any suspicion that an alien in the cus- dren or is working under the auspices of a and orderly repatriation of unaccompanied tody of the Directorate who has claimed to qualified nonprofit organization that is expe- alien children who are nationals or habitual be over the age of 18 is actually under the rienced in handling such matters. residents of such country shall be treated in age of 18. (2) DIRECTOR.—The term ‘‘Director’’ means accordance with paragraph (1), if a deter- (B) SPECIAL RULE.—In the case of an alien the Director of the Office. mination is made on a case-by-case basis described in clause (iii) or (iv) of subpara- (3) DIRECTORATE.—The term ‘‘Directorate’’ that— graph (A), the Director shall make an age de- means the Directorate of Border and Trans- (i) such child is a national or habitual resi- termination in accordance with section 715 portation Security established by section 401 dent of a country described in this subpara- and take whatever other steps are necessary of the Homeland Security Act of 2002 (6 graph; to determine whether such alien is eligible U.S.C. 201). (ii) such child does not have a fear of re- for treatment under section 462 of the Home- (4) OFFICE.—The term ‘‘Office’’ means the turning to the child’s country of nationality land Security Act of 2002 (6 U.S.C. 279) or this Office of Refugee Resettlement established or country of last habitual residence owing Act. by section 411 of the Immigration and Na- to a fear of persecution; (3) TRANSFER OF UNACCOMPANIED ALIEN tionality Act (8 U.S.C. 1521). (iii) the return of such child to the child’s CHILDREN.— (5) SECRETARY.—The term ‘‘Secretary’’ country of nationality or country of last ha- (A) TRANSFER TO THE OFFICE.—The care and means the Secretary of Homeland Security. bitual residence would not endanger the life custody of an unaccompanied alien child (6) UNACCOMPANIED ALIEN CHILD.—The term or safety of such child; and shall be transferred to the Office— ‘‘unaccompanied alien child’’ has the mean- (iv) the child is able to make an inde- (i) in the case of a child not described in ing given the term in section 462(g)(2) of the pendent decision to withdraw the child’s ap- subparagraph (B) or (C) of paragraph (1), not Homeland Security Act of 2002 (6 U.S.C. plication for admission due to age or other later than 72 hours after a determination is 279(g)(2)). lack of capacity. made that such child is an unaccompanied (7) VOLUNTARY AGENCY.—The term ‘‘vol- (B) RIGHT OF CONSULTATION.—Any child de- alien child; untary agency’’ means a private, nonprofit scribed in subparagraph (A) shall have the (ii) in the case of a child whose custody voluntary agency with expertise in meeting right, and shall be informed of that right in and care has been retained or assumed by the the cultural, developmental, or psycho- the child’s native language— Directorate pursuant to subparagraph (B) or logical needs of unaccompanied alien chil- (i) to consult with a consular officer from (C) of paragraph (1), immediately following a dren, as certified by the Director. the child’s country of nationality or country determination that the child no longer meets (b) AMENDMENTS TO THE IMMIGRATION AND of last habitual residence prior to repatri- the description set forth in such subpara- NATIONALITY ACT.—Section 101(a) of the Im- ation; and graphs; or

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(iii) in the case of a child who was pre- (B) RULE OF CONSTRUCTION.—Nothing in SEC. 713. APPROPRIATE CONDITIONS FOR DE- viously released to an individual or entity this title shall be construed to— TENTION OF UNACCOMPANIED described in section 712(a)(1), upon a deter- (i) supersede obligations under any treaty ALIEN CHILDREN. mination by the Director that such indi- or other international agreement to which (a) STANDARDS FOR PLACEMENT.— vidual or entity is no longer able to care for the United States is a party, including The (1) PROHIBITION OF DETENTION IN CERTAIN the child. Hague Convention on the Civil Aspects of FACILITIES.—Except as provided in paragraph (2), an unaccompanied alien child shall not (B) TRANSFER TO THE DIRECTORATE.—Upon International Child Abduction, the Vienna determining that a child in the custody of Declaration and Program of Action, and the be placed in an adult detention facility or a facility housing delinquent children. the Office is described in subparagraph (B) or Declaration of the Rights of the Child; or (2) DETENTION IN APPROPRIATE FACILITIES.— (C) of paragraph (1), the Director shall trans- (ii) limit any right or remedy under such An unaccompanied alien child who has ex- fer the care and custody of such child to the international agreement. hibited a violent or criminal behavior that Directorate. (4) PROTECTION FROM SMUGGLERS AND TRAF- endangers others may be detained in condi- (C) PROMPTNESS OF TRANSFER.—In the FICKERS.— tions appropriate to such behavior in a facil- event of a need to transfer a child under this (A) POLICIES AND PROGRAMS.— ity appropriate for delinquent children. paragraph, the sending office shall make (i) IN GENERAL.—The Director shall estab- (3) STATE LICENSURE.—A child shall not be prompt arrangements to transfer such child lish policies and programs to ensure that un- placed with an entity described in section and the receiving office shall make prompt accompanied alien children are protected 712(a)(1)(E), unless the entity is licensed by from smugglers, traffickers, or other persons arrangements to receive such child. an appropriate State agency to provide resi- seeking to victimize or otherwise engage (c) AGE DETERMINATIONS.—In any case in dential, group, child welfare, or foster care such children in criminal, harmful, or ex- which the age of an alien is in question and services for dependent children. ploitative activity. the resolution of questions about the age of (4) CONDITIONS OF DETENTION.— (ii) WITNESS PROTECTION PROGRAMS IN- such alien would affect the alien’s eligibility (A) IN GENERAL.—The Director and the Sec- CLUDED.—Programs established pursuant to for treatment under section 462 of the Home- retary of Homeland Security shall promul- clause (i) may include witness protection land Security Act of 2002 (6 U.S.C. 279) or this gate regulations incorporating standards for Act, a determination of whether or not such programs. conditions of detention in such placements alien meets such age requirements shall be (B) CRIMINAL INVESTIGATIONS AND PROSECU- that provide for— made by the Director in accordance with sec- TIONS.—Any officer or employee of the Office (i) educational services appropriate to the tion 715. or the Department of Homeland Security, child; and any grantee or contractor of the Office, SEC. 712. FAMILY REUNIFICATION FOR UNAC- (ii) medical care; COMPANIED ALIEN CHILDREN WITH who suspects any individual of involvement (iii) mental health care, including treat- RELATIVES IN THE UNITED STATES. in any activity described in subparagraph (A) ment of trauma, physical and sexual vio- (a) PLACEMENT AUTHORITY.— shall report such individual to Federal or lence, or abuse; (1) ORDER OF PREFERENCE.—Subject to the State prosecutors for criminal investigation (iv) access to telephones; discretion of the Director under paragraph and prosecution. (v) access to legal services; (4), section 713(a)(2) of this Act, and section (C) DISCIPLINARY ACTION.—Any officer or (vi) access to interpreters; 462(b)(2) of the Homeland Security Act of employee of the Office or the Department of (vii) supervision by professionals trained in 2002 (6 U.S.C. 279(b)(2)), an unaccompanied Homeland Security, and any grantee or con- the care of children, taking into account the alien child in the custody of the Office shall tractor of the Office, who suspects an attor- special cultural, linguistic, and experiential be promptly placed with 1 of the following ney of involvement in any activity described needs of children in immigration pro- individuals or entities in the following order in subparagraph (A) shall report the indi- ceedings; of preference: vidual to the State bar association of which (viii) recreational programs and activities; (A) A parent who seeks to establish cus- the attorney is a member, or to other appro- (ix) spiritual and religious needs; and tody, as described in paragraph (3)(A). priate disciplinary authorities, for appro- (x) dietary needs. (B) A legal guardian who seeks to establish priate disciplinary action, which may in- (B) NOTIFICATION OF CHILDREN.—Regula- custody, as described in paragraph (3)(A). clude private or public admonition or cen- tions promulgated under subparagraph (A) (C) An adult relative. sure, suspension, or disbarment of the attor- shall provide that all children are notified of (D) An individual or entity designated by ney from the practice of law. such standards orally and in writing in the the parent or legal guardian that is capable (5) GRANTS AND CONTRACTS.—The Director child’s native language. and willing to care for the well-being of the may award grants to, and enter into con- (b) PROHIBITION OF CERTAIN PRACTICES.— child. tracts with, voluntary agencies to carry out The Director and the Secretary shall develop (E) A State-licensed juvenile shelter, group this section or section 462 of the Homeland procedures prohibiting the unreasonable use home, or foster care program willing to ac- Security Act of 2002 (6 U.S.C. 279). of— cept physical custody of the child. (6) REIMBURSEMENT OF STATE EXPENSES.— (1) shackling, handcuffing, or other re- (F) A qualified adult or entity seeking cus- The Director may reimburse States for any straints on children; tody of the child when it appears that there expenses they incur in providing assistance (2) solitary confinement; or is no other likely alternative to long-term to unaccompanied alien children who are (3) pat or strip searches. (c) RULE OF CONSTRUCTION.—Nothing in detention and family reunification does not served pursuant to this title or section 462 of this section shall be construed to supersede appear to be a reasonable alternative. For the Homeland Security Act of 2002 (6 U.S.C. 279). procedures favoring release of children to ap- purposes of this subparagraph, the Office propriate adults or entities or placement in shall decide who is a qualified adult or entity (b) CONFIDENTIALITY.—All information ob- tained by the Office relating to the immigra- the least secure setting possible, as defined and promulgate regulations in accordance tion status of a person described in subpara- in the Stipulated Settlement Agreement with such decision. graphs (A), (B), and (C) of subsection (a)(1) under Flores v. Reno. (2) SUITABILITY ASSESSMENT.—Notwith- shall remain confidential and may be used SEC. 714. REPATRIATED UNACCOMPANIED ALIEN standing paragraph (1), no unaccompanied only for the purposes of determining such CHILDREN. alien child shall be placed with a person or person’s qualifications under subsection (a) COUNTRY CONDITIONS.— entity unless a valid suitability assessment (a)(1). (1) SENSE OF CONGRESS.—It is the sense of conducted by an agency of the State of the (c) REQUIRED DISCLOSURE.—The Secretary Congress that, to the extent consistent with child’s proposed residence, by an agency au- of Health and Human Services or the Sec- the treaties and other international agree- thorized by that State to conduct such an as- retary of Homeland Security shall provide ments to which the United States is a party, sessment, or by an appropriate voluntary the information furnished under this section, and to the extent practicable, the United agency contracted with the Office to conduct and any other information derived from such States Government should undertake efforts such assessments, has found that the person furnished information, to— to ensure that it does not repatriate children or entity is capable of providing for the (1) a duly recognized law enforcement enti- in its custody into settings that would child’s physical and mental well-being. ty in connection with an investigation or threaten the life and safety of such children. (3) RIGHT OF PARENT OR LEGAL GUARDIAN TO prosecution of an offense described in para- (2) ASSESSMENT OF CONDITIONS.— CUSTODY OF UNACCOMPANIED ALIEN CHILD.— graph (2) or (3) of section 212(a) of the Immi- (A) IN GENERAL.—The annual Country Re- (A) PLACEMENT WITH PARENT OR LEGAL gration and Nationality Act (8 U.S.C. ports on Human Rights Practices published GUARDIAN.—If an unaccompanied alien child 1182(a)), when such information is requested by the Department of State shall contain an is placed with any person or entity other in writing by such entity; or assessment of the degree to which each coun- than a parent or legal guardian, and subse- (2) an official coroner for purposes of af- try protects children from smugglers and quent to that placement a parent or legal firmatively identifying a deceased individual traffickers. guardian seeks to establish custody, the Di- (whether or not such individual is deceased (B) FACTORS FOR ASSESSMENT.—The Direc- rector shall— as a result of a crime). torate shall consult the Country Reports on (i) assess the suitability of placing the (d) PENALTY.—Whoever knowingly uses, Human Rights Practices and the Trafficking child with the parent or legal guardian; and publishes, or permits information to be ex- in Persons Report in assessing whether to re- (ii) make a written determination on the amined in violation of this section shall be patriate an unaccompanied alien child to a child’s placement within 30 days. fined not more than $10,000. particular country.

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(b) REPORT ON REPATRIATION OF UNACCOM- (ii) possesses special training on the nature (A) the circumstances and conditions that PANIED ALIEN CHILDREN.— of problems encountered by unaccompanied unaccompanied alien children face; and (1) IN GENERAL.—Not later than 18 months alien children. (B) various immigration benefits for which after the date of enactment of this Act, and (B) PROHIBITION.—A guardian ad litem such alien child might be eligible. annually thereafter, the Secretary shall sub- shall not be an employee of the Directorate, (c) PILOT PROGRAM.— mit a report to the Committee on the Judici- the Office, or the Executive Office for Immi- (1) IN GENERAL.—Not later than 180 days ary of the Senate and the Committee on the gration Review. after the date of enactment of this Act, the Judiciary of the House of Representatives on (3) DUTIES.—The guardian ad litem shall— Director shall establish and begin to carry efforts to repatriate unaccompanied alien (A) conduct interviews with the child in a out a pilot program to test the implementa- children. manner that is appropriate, taking into ac- tion of subsection (a). (2) CONTENTS.—The report submitted under count the child’s age; (2) PURPOSE.—The purpose of the pilot pro- paragraph (1) shall include— (B) investigate the facts and circumstances gram established under paragraph (1) is to— (A) the number of unaccompanied alien relevant to the child’s presence in the United (A) study and assess the benefits of pro- children ordered removed and the number of States, including facts and circumstances— viding guardians ad litem to assist unaccom- such children actually removed from the (i) arising in the country of the child’s na- panied alien children involved in immigra- United States; tionality or last habitual residence; and tion proceedings or matters; (B) a description of the type of immigra- (ii) arising subsequent to the child’s depar- (B) assess the most efficient and cost-effec- tion relief sought and denied to such chil- ture from such country; tive means of implementing the guardian ad dren; (C) work with counsel to identify the litem provisions in this section; and (C) a statement of the nationalities, ages, child’s eligibility for relief from removal or (C) assess the feasibility of implementing and gender of such children; voluntary departure by sharing with counsel such provisions on a nationwide basis for all (D) a description of the procedures used to information collected under subparagraph unaccompanied alien children in the care of effect the removal of such children from the (B); the Office. United States; (D) develop recommendations on issues rel- (3) SCOPE OF PROGRAM.— (E) a description of steps taken to ensure ative to the child’s custody, detention, re- (A) SELECTION OF SITE.—The Director shall that such children were safely and humanely lease, and repatriation; select 3 sites in which to operate the pilot repatriated to their country of origin; and (E) take reasonable steps to ensure that— program established under paragraph (1). (F) any information gathered in assess- (i) the best interests of the child are pro- (B) NUMBER OF CHILDREN.—To the greatest ments of country and local conditions pursu- moted while the child participates in, or is extent possible, each site selected under sub- ant to subsection (a)(2). subject to, proceedings or matters under the paragraph (A) should have at least 25 chil- SEC. 715. ESTABLISHING THE AGE OF AN UNAC- Immigration and Nationality Act (8 U.S.C. dren held in immigration custody at any COMPANIED ALIEN CHILD. 1101 et seq.); given time. (a) PROCEDURES.— (ii) the child understands the nature of the (4) REPORT TO CONGRESS.—Not later than 1 (1) IN GENERAL.—The Director shall develop legal proceedings or matters and determina- year after the date on which the first pilot procedures to make a prompt determination tions made by the court, and that all infor- program site is established under paragraph of the age of an alien in the custody of the mation is conveyed to the child in an age-ap- (1), the Director shall submit a report on the Department of Homeland Security or the Of- propriate manner; and achievement of the purposes described in fice, when the age of the alien is at issue. (F) report factual findings relating to— paragraph (2) to the Committee on the Judi- (2) EVIDENCE.—The procedures developed (i) information collected under subpara- ciary of the Senate and the Committee on under paragraph (1) shall— graph (B); the Judiciary of the House of Representa- (A) permit the presentation of multiple (ii) the care and placement of the child tives. forms of evidence, including testimony of during the pendency of the proceedings or the child, to determine the age of the unac- matters; and SEC. 722. COUNSEL. companied alien for purposes of placement, (iii) any other information collected under (a) ACCESS TO COUNSEL.— custody, parole, and detention; and subparagraph (D). (1) IN GENERAL.—The Director should en- (B) allow the appeal of a determination to (4) TERMINATION OF APPOINTMENT.—The sure that all unaccompanied alien children an immigration judge. guardian ad litem shall carry out the duties in the custody of the Office or the Direc- (3) ACCESS TO ALIEN.—The Secretary of described in paragraph (3) until the earliest torate, who are not described in section Homeland Security shall permit the Office to of the date on which— 711(a)(2), have competent counsel to rep- have reasonable access to aliens in the cus- (A) those duties are completed; resent them in immigration proceedings or tody of the Secretary so as to ensure a (B) the child departs the United States; matters. prompt determination of the age of such (C) the child is granted permanent resident (2) PRO BONO REPRESENTATION.—To the alien. status in the United States; maximum extent practicable, the Director (b) PROHIBITION ON SOLE MEANS OF DETER- (D) the child attains the age of 18; or should— MINING AGE.—Radiographs or the attestation (E) the child is placed in the custody of a (A) make every effort to utilize the serv- of an alien shall not be used as the sole parent or legal guardian. ices of competent pro bono counsel who means of determining age for the purposes of (5) POWERS.—The guardian ad litem— agree to provide representation to such chil- determining an alien’s eligibility for treat- (A) shall have reasonable access to the dren without charge; and ment under this title or section 462 of the child, including access while such child is (B) ensure that placements made under Homeland Security Act of 2002 (6 U.S.C. 279). being held in detention or in the care of a subparagraphs (D), (E), and (F) of section (c) RULE OF CONSTRUCTION.—Nothing in foster family; 712(a)(1) are in cities where there is a dem- this section shall be construed to place the (B) shall be permitted to review all records onstrated capacity for competent pro bono burden of proof in determining the age of an and information relating to such proceedings representation. alien on the government. that are not deemed privileged or classified; (3) DEVELOPMENT OF NECESSARY INFRA- SEC. 716. EFFECTIVE DATE. (C) may seek independent evaluations of STRUCTURES AND SYSTEMS.—In ensuring that This subtitle shall take effect on the date the child; legal representation is provided to unaccom- which is 90 days after the date of enactment (D) shall be notified in advance of all hear- panied alien children, the Director shall de- of this Act. ings or interviews involving the child that velop the necessary mechanisms to identify Subtitle B—Access by Unaccompanied Alien are held in connection with proceedings or entities available to provide such legal as- Children to Guardians Ad Litem and Counsel matters under the Immigration and Nation- sistance and representation and to recruit SEC. 721. GUARDIANS AD LITEM. ality Act (8 U.S.C. 1101 et seq.), and shall be such entities. (a) ESTABLISHMENT OF GUARDIAN AD LITEM given a reasonable opportunity to be present (4) CONTRACTING AND GRANT MAKING AU- PROGRAM.— at such hearings or interviews; THORITY.— (1) APPOINTMENT.—The Director may ap- (E) shall be permitted to consult with the (A) IN GENERAL.—The Director shall enter point a guardian ad litem, who meets the child during any hearing or interview involv- into contracts with, or award grants to, non- qualifications described in paragraph (2), for ing such child; and profit agencies with relevant expertise in the an unaccompanied alien child. The Director (F) shall be provided at least 24 hours ad- delivery of immigration-related legal serv- is encouraged, wherever practicable, to con- vance notice of a transfer of that child to a ices to children in order to carry out the re- tract with a voluntary agency for the selec- different placement, absent compelling and sponsibilities of this title, including pro- tion of an individual to be appointed as a unusual circumstances warranting the trans- viding legal orientation, screening cases for guardian ad litem under this paragraph. fer of such child before such notification. referral, recruiting, training, and overseeing (2) QUALIFICATIONS OF GUARDIAN AD (b) TRAINING.— pro bono attorneys. LITEM.— (1) IN GENERAL.—The Director shall provide (B) SUBCONTRACTING.—Nonprofit agencies (A) IN GENERAL.—No person shall serve as a professional training for all persons serving may enter into subcontracts with, or award guardian ad litem unless such person— as guardians ad litem under this section. grants to, private voluntary agencies with (i) is a child welfare professional or other (2) TRAINING TOPICS.—The training pro- relevant expertise in the delivery of immi- individual who has received training in child vided under paragraph (1) shall include train- gration-related legal services to children in welfare matters; and ing in— order to carry out this subsection.

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(C) CONSIDERATIONS REGARDING GRANTS AND SEC. 723. EFFECTIVE DATE; APPLICABILITY. specialists, teachers, public counsel, and ju- CONTRACTS.—In awarding grants and entering (a) EFFECTIVE DATE.—This subtitle shall venile judges who come into contact with into contracts with agencies under this para- take effect 180 days after the date of enact- unaccompanied alien children. graph, the Director shall take into consider- ment of this Act. (2) CURRICULUM.—The training shall pro- ation the capacity of the agencies in ques- (b) APPLICABILITY.—The provisions of this vide education on the processes pertaining to tion to properly administer the services cov- subtitle shall apply to all unaccompanied unaccompanied alien children with pending ered by such grants or contracts without an alien children in Federal custody on, before, immigration status and on the forms of re- undue conflict of interest. or after the effective date of this subtitle. lief potentially available. The Director shall (5) MODEL GUIDELINES ON LEGAL REPRESEN- Subtitle C—Strengthening Policies for be responsible for establishing a core cur- TATION OF CHILDREN.— Permanent Protection of Alien Children riculum that can be incorporated into edu- EVELOPMENT OF GUIDELINES cation, training, or orientation modules or (A) D .—The Ex- SEC. 731. SPECIAL IMMIGRANT JUVENILE VISA. ecutive Office for Immigration Review, in formats that are currently used by these pro- (a) J VISA.—Section 101(a)(27)(J) of the Im- consultation with voluntary agencies and fessionals. migration and Nationality Act (8 U.S.C. national experts, shall develop model guide- (b) TRAINING OF DIRECTORATE PERSONNEL.— 1101(a)(27)(J)) is amended to read as follows: lines for the legal representation of alien The Secretary, acting jointly with the Sec- ‘‘(J) an immigrant, who is 18 years of age children in immigration proceedings. Such retary of Health and Human Services, shall or younger on the date of application and guidelines shall be based on the children’s provide specialized training to all personnel who is present in the United States— asylum guidelines, the American Bar Asso- of the Directorate who come into contact ‘‘(i) who by a court order, which shall be ciation Model Rules of Professional Conduct, with unaccompanied alien children. Training binding on the Secretary of Homeland Secu- and other relevant domestic or international for Border Patrol agents and immigration in- rity for purposes of adjudications under this sources. spectors shall include specific training on subparagraph, was declared dependent on a (B) PURPOSE OF GUIDELINES.—The guide- identifying children at the United States juvenile court located in the United States lines developed under subparagraph (A) shall borders or at United States ports of entry or whom such a court has legally committed be designed to help protect each child from who have been victimized by smugglers or to, or placed under the custody of, a depart- any individual suspected of involvement in traffickers, and children for whom asylum or ment or agency of a State, or an individual special immigrant relief may be appropriate, any criminal, harmful, or exploitative activ- or entity appointed by a State or juvenile including children described in section ity associated with the smuggling or traf- court located in the United States, due to 711(a)(2). ficking of children, while ensuring the fair- abuse, neglect, abandonment, or a similar ness of the removal proceeding in which the SEC. 733. REPORT. basis found under State law; Not later than 1 year after the date of en- child is involved. ‘‘(ii) for whom it has been determined in actment of this Act, and annually thereafter, (C) IMPLEMENTATION.—The Executive Office administrative or judicial proceedings that the Secretary of Health and Human Services for Immigration Review shall adopt the it would not be in the alien’s best interest to shall submit a report for the previous fiscal guidelines developed under subparagraph (A) be returned to the alien’s or parent’s pre- year to the Committee on the Judiciary of and submit the guidelines for adoption by vious country of nationality or country of the Senate and the Committee on the Judici- national, State, and local bar associations. last habitual residence; and ary of the House of Representatives that (b) DUTIES.—Counsel shall— ‘‘(iii) with respect to a child in Federal contains— (1) represent the unaccompanied alien custody, for whom the Office of Refugee Re- (1) data related to the implementation of child in all proceedings and matters relating settlement of the Department of Health and section 462 of the Homeland Security Act (6 to the immigration status of the child or Human Services has certified to the Director U.S.C. 279); other actions involving the Directorate; of the Bureau of Citizenship and Immigra- (2) data regarding the care and placement (2) appear in person for all individual mer- tion Services that the classification of an of children in accordance with this title; its hearings before the Executive Office for alien as a special immigrant under this sub- (3) data regarding the provision of guard- Immigration Review and interviews involv- paragraph has not been made solely to pro- ian ad litem and counsel services under this ing the Directorate; and vide an immigration benefit to that alien, title; and (3) owe the same duties of undivided loy- except that no natural parent or prior adop- (4) any other information that the Director alty, confidentiality, and competent rep- tive parent of any alien provided special im- or the Secretary of Health and Human Serv- resentation to the child as is due an adult migrant status under this subparagraph ices determines to be appropriate. client. shall thereafter, by virtue of such parentage, SEC. 734. EFFECTIVE DATE. The amendment made by section 731 shall (c) ACCESS TO CHILD.— be accorded any right, privilege, or status apply to all aliens who were in the United (1) IN GENERAL.—Counsel shall have reason- under this Act;’’. able access to the unaccompanied alien (b) ADJUSTMENT OF STATUS.—Section States before, on, or after the date of enact- child, including access while the child is 245(h)(2)(A) of the Immigration and Nation- ment of this Act. being held in detention, in the care of a fos- ality Act (8 U.S.C. 1255(h)(2)(A)) is amended Subtitle D—Children Refugee and Asylum ter family, or in any other setting that has to read as follows: Seekers been determined by the Office. ‘‘(A) paragraphs (4), (5)(A), (6)(A), and (7) of SEC. 741. GUIDELINES FOR CHILDREN’S ASYLUM section 212(a) shall not apply; and’’. (2) RESTRICTION ON TRANSFERS.—Absent CLAIMS. compelling and unusual circumstances, no (c) ELIGIBILITY FOR ASSISTANCE.—A child (a) SENSE OF CONGRESS.—Congress com- child who is represented by counsel shall be who has been granted relief under section mends the Immigration and Naturalization transferred from the child’s placement to an- 101(a)(27)(J) of the Immigration and Nation- Service for its issuance of its ‘‘Guidelines for other placement unless advance notice of at ality Act (8 U.S.C. 1101(a)(27)(J)), shall be eli- Children’s Asylum Claims’’, dated December least 24 hours is made to counsel of such gible for all funds made available under sec- 1998, and encourages and supports the imple- transfer. tion 412(d) of that Act (8 U.S.C. 1522(d)) until mentation of such guidelines by the Immi- such time as the child attains the age des- gration and Naturalization Service (and its (d) NOTICE TO COUNSEL DURING IMMIGRA- ignated in section 412(d)(2)(B) of that Act (8 successor entities) in an effort to facilitate TION PROCEEDINGS.— U.S.C. 1522(d)(2)(B)), or until the child is the handling of children’s asylum claims. (1) IN GENERAL.—Except when otherwise re- placed in a permanent adoptive home, which- Congress calls upon the Executive Office for quired in an emergency situation involving ever occurs first. Immigration Review of the Department of the physical safety of the child, counsel shall (d) TRANSITION RULE.—Notwithstanding Justice to adopt the ‘‘Guidelines for Chil- be given prompt and adequate notice of all any other provision of law, any child de- dren’s Asylum Claims’’ in its handling of immigration matters affecting or involving scribed in section 101(a)(27)(J) of the Immi- children’s asylum claims before immigration an unaccompanied alien child, including ad- gration and Nationality Act (8 U.S.C. judges and the Board of Immigration Ap- judications, proceedings, and processing, be- 1101(a)(27)(J)) who filed an application for a peals. fore such actions are taken. visa before the date of enactment of this Act (b) TRAINING.—The Secretary shall provide (2) OPPORTUNITY TO CONSULT WITH COUN- and who was 19, 20, or 21 years of age on the periodic comprehensive training under the SEL.—An unaccompanied alien child in the date such application was filed shall not be ‘‘Guidelines for Children’s Asylum Claims’’ custody of the Office may not give consent denied a visa after the date of enactment of to asylum officers, immigration judges, to any immigration action, including con- this Act because of such alien’s age. members of the Board of Immigration Ap- senting to voluntary departure, unless first SEC. 732. TRAINING FOR OFFICIALS AND CER- peals, and immigration officers who have afforded an opportunity to consult with TAIN PRIVATE PARTIES WHO COME contact with children in order to familiarize counsel. INTO CONTACT WITH UNACCOM- and sensitize such officers to the needs of PANIED ALIEN CHILDREN. children asylum seekers. Voluntary agencies (e) ACCESS TO RECOMMENDATIONS OF GUARD- (a) TRAINING OF STATE AND LOCAL OFFI- shall be allowed to assist in such training. IAN AD LITEM.—Counsel shall be given an op- CIALS AND CERTAIN PRIVATE PARTIES.— SEC. 742. UNACCOMPANIED REFUGEE CHILDREN. portunity to review the recommendation by (1) IN GENERAL.—The Secretary of Health (a) IDENTIFYING UNACCOMPANIED REFUGEE the guardian ad litem affecting or involving and Human Services, acting jointly with the CHILDREN.—Section 207(e) of the Immigra- a client who is an unaccompanied alien Secretary, shall provide appropriate training tion and Nationality Act (8 U.S.C. 1157(e)) is child. to State and county officials, child welfare amended—

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.069 S13PT1 S3572 CONGRESSIONAL RECORD — SENATE April 13, 2005 (1) by redesignating paragraphs (3), (4), (5), ‘‘(M) ensuring minimum standards of care tions for the fiscal year ending Sep- (6), and (7) as paragraphs (4), (5), (6), (7), and for all unaccompanied alien children— tember 30, 2005, to establish and rapidly (8), respectively; and ‘‘(i) for whom detention is necessary; and implement regulations for State driv- (2) by inserting after paragraph (2) the fol- ‘‘(ii) who reside in settings that are alter- er’s license and identification docu- lowing: native to detention.’’. ‘‘(3) An analysis of the worldwide situation (b) ADDITIONAL POWERS OF THE DIRECTOR.— ment security standards, to prevent faced by unaccompanied refugee children, by Section 462(b) of the Homeland Security Act terrorists from abusing the asylum region, which shall include an assessment of 2002 (6 U.S.C. 279(b)) is amended by adding laws of the United States, to unify ter- of— at the end the following: rorism-related grounds for inadmis- ‘‘(A) the number of unaccompanied refugee ‘‘(4) AUTHORITY.—In carrying out the du- sibility and removal, to ensure expedi- children, by region; ties under paragraph (3), the Director is au- tious construction of the San Diego ‘‘(B) the capacity of the Department of thorized to— border fence, and for other purposes; State to identify such refugees; ‘‘(A) contract with service providers to per- which was ordered to lie on the table; form the services described in sections 102, ‘‘(C) the capacity of the international com- as follows: munity to care for and protect such refugees; 103, 201, and 202 of the Unaccompanied Alien ‘‘(D) the capacity of the voluntary agency Child Protection Act of 2005; and On page 231, between lines 3 and 4, insert community to resettle such refugees in the ‘‘(B) compel compliance with the terms the following: United States; and conditions set forth in section 103 of the NUMERICAL LIMITATIONS RELATED TO ASYLUM ‘‘(E) the degree to which the United States Unaccompanied Alien Child Protection Act SEC. 6047. (a) Section 207(a) of the Immigra- plans to resettle such refugees in the United of 2005, including the power to— tion and Nationality Act (8 U.S.C. 1157(a)) is States in the coming fiscal year; and ‘‘(i) declare providers to be in breach and amended by striking paragraph (5). ‘‘(F) the fate that will befall such unac- seek damages for noncompliance; (b) Section 209(b) of the Immigration and companied refugee children for whom reset- ‘‘(ii) terminate the contracts of providers Nationality Act (8 U.S.C. 1159(b)) is amended tlement in the United States is not pos- that are not in compliance with such condi- to read as follows: sible.’’. tions; and ‘‘(b) The Secretary of Homeland Security (b) TRAINING ON THE NEEDS OF UNACCOM- ‘‘(iii) reassign any unaccompanied alien may, in the discretion of the Secretary of PANIED REFUGEE CHILDREN.—Section 207(f)(2) child to a similar facility that is in compli- Homeland Security, adjust to the status of of the Immigration and Nationality Act (8 ance with such section.’’. an alien lawfully admitted for permanent U.S.C. 1157(f)(2)) is amended by— SEC. 762. TECHNICAL CORRECTIONS. residence, the status of any alien granted (1) striking ‘‘and’’ after ‘‘countries,’’; and Section 462(b) of the Homeland Security asylum who— (2) inserting before the period at the end Act of 2002 (6 U.S.C. 279(b)), as amended by ‘‘(1) applies for such adjustment, the following: ‘‘, and instruction on the section 761, is amended— ‘‘(2) has been physically present in the needs of unaccompanied refugee children’’. (1) in paragraph (3), by striking ‘‘paragraph United States for at least one year after SEC. 743. EXCEPTIONS FOR UNACCOMPANIED (1)(G)’’ and inserting ‘‘paragraph (1)’’; and being granted asylum, ALIEN CHILDREN IN ASYLUM AND (2) by adding at the end the following: ‘‘(3) continues to be a refugee within the REFUGEE-LIKE CIRCUMSTANCES. ‘‘(5) STATUTORY CONSTRUCTION.—Nothing in meaning of section 101(a)(42)(A) or a spouse (a) PLACEMENT IN REMOVAL PROCEEDINGS.— paragraph (2)(B) may be construed to require or child of such a refugee, Any unaccompanied alien child apprehended that a bond be posted for unaccompanied ‘‘(4) is not firmly resettled in any foreign by the Directorate, except for an unaccom- alien children who are released to a qualified country, and panied alien child subject to exceptions sponsor.’’. ‘‘(5) is admissible (except as otherwise pro- under paragraph (1)(A) or (2) of section SEC. 763. EFFECTIVE DATE. vided under subsection (c)) as an immigrant 711(a), shall be placed in removal proceedings The amendments made by this subtitle under this Act at the time of examination under section 240 of the Immigration and Na- shall take effect as if included in the Home- for adjustment of such alien. tionality Act (8 U.S.C. 1229a). land Security Act of 2002 (6 U.S.C. 101 et ‘‘Upon approval of an application under this (b) EXCEPTION FROM TIME LIMIT FOR FILING seq.). subsection, the Secretary of Homeland Secu- ASYLUM APPLICATION.—Section 208(a)(2) of rity shall establish a record of the alien’s ad- the Immigration and Nationality Act (8 SA 363. Mr. SARBANES (for himself mission for lawful permanent residence as of U.S.C. 1158(a)(2)) is amended by adding at the and Ms. MIKULSKI) submitted an the date on which such alien’s application end the following: amendment intended to be proposed by for asylum was approved.’’. ‘‘(E) APPLICABILITY.—Subparagraphs (A) and (B) shall not apply to an unaccompanied him to the bill H.R. 1268, Making emer- SA 365. Mr. BROWNBACK submitted alien child as defined in section 101(a)(51).’’. gency supplemental appropriations for an amendment intended to be proposed Subtitle E—Authorization of Appropriations the fiscal year ending September 30, by him to the bill H.R. 1268, Making 2005, to establish and rapidly imple- SEC. 751. AUTHORIZATION OF APPROPRIATIONS. emergency supplemental appropria- ment regulations for State driver’s li- (a) IN GENERAL.—There are authorized to tions for the fiscal year ending Sep- be appropriated to the Department of Home- cense and identification document se- tember 30, 2005, to establish and rapidly land Security, the Department of Justice, curity standards, to prevent terrorists implement regulations for State driv- and the Department of Health and Human from abusing the asylum laws of the er’s license and identification docu- Services, such sums as may be necessary to United States, to unify terrorism-re- ment security standards, to prevent carry out— lated grounds for inadmissibility and (1) the provisions of section 462 of the terrorists from abusing the asylum removal, to ensure expeditious con- laws of the United States, to unify ter- Homeland Security Act of 2002 (6 U.S.C. 279); struction of the San Diego border and rorism-related grounds for inadmis- (2) the provisions of this title. fence, and for other purposes; which sibility and removal, to ensure expedi- (b) AVAILABILITY OF FUNDS.—Amounts ap- was ordered to lie on the table; as fol- tious construction of the San Diego propriated pursuant to subsection (a) shall lows: border fence, and for other purposes; remain available until expended. At the appropriate place, insert the fol- which was ordered to lie on the table; Subtitle F—Amendments to the Homeland lowing: as follows: Security Act of 2002 DEPARTMENT OF DEFENSE—CIVIL At the end, add the following new title: DEPARTMENT OF THE ARMY SEC. 761. ADDITIONAL RESPONSIBILITIES AND TITLE VII—NEW IMMIGRANT CATEGORIES POWERS OF THE OFFICE OF REF- CONSTRUCTION, GENERAL UGEE RESETTLEMENT WITH RE- SEC. 7001. SHORT TITLE. SPECT TO UNACCOMPANIED ALIEN Section 123 of Public Law 108–137 (117 Stat. This title may be cited as the ‘‘Widows and CHILDREN. 1837) is amended by striking ‘‘in accordance Orphans Act of 2005’’. (a) ADDITIONAL RESPONSIBILITIES OF THE DI- with’’ and all that follows through the end of SEC. 7002. NEW SPECIAL IMMIGRANT CATEGORY. RECTOR.—Section 462(b)(1) of the Homeland the section and inserting ‘‘in accordance (a) CERTAIN CHILDREN AND WOMEN AT RISK Security Act of 2002 (6 U.S.C. 279(b)(1)) is with the Baltimore Metropolitan Water Re- OF HARM.—Section 101(a)(27) of the Immigra- amended— sources Gwynns Falls Watershed study draft tion and Nationality Act (8 U.S.C. 1101(a)(27)) (1) in subparagraph (K), by striking ‘‘and’’ feasibility report and integrated environ- is amended— at the end; mental assessment prepared by the Corps of (1) in subparagraph (L), by inserting a (2) in subparagraph (L), by striking the pe- Engineers and the City of Baltimore, Mary- semicolon at the end; riod at the end and inserting ‘‘, including land, dated April 2004.’’. (2) in subparagraph (M), by striking the pe- regular follow-up visits to such facilities, riod at the end and inserting ‘‘; or’’; and placements, and other entities, to assess the SA 364. Mr. BROWNBACK submitted (3) by adding at the end the following: continued suitability of such placements; an amendment intended to be proposed ‘‘(N) subject to subsection (j), an immi- and’’; and by him to the bill H.R. 1268, Making grant who is not present in the United (3) by adding at the end the following: emergency supplemental appropria- States—

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.069 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3573 ‘‘(i) who is— ‘‘(5) For purposes of subsection Homeland Security such fingerprints and ‘‘(I) referred to a consular, immigration, or (a)(27)(N)(i)(II), a determination of age shall any other personal biometric data required other designated official by a United States be made using the age of the alien on the by the Secretary. Government agency, an international orga- date on which the alien was referred to the (B) OTHER REQUIREMENTS.—The Secretary nization, or recognized nongovernmental en- consular, immigration, or other designated of Homeland Security may prescribe regula- tity designated by the Secretary of State for official. tions that permit fingerprints submitted by purposes of such referrals; and ‘‘(6) The Secretary of Homeland Security an alien under section 262 of the Immigra- ‘‘(II) determined by such official to be a shall waive any application fee for a special tion and National Act (8 U.S.C. 1302) or any minor under 18 years of age (as determined immigrant visa for an alien described in sec- other provision of law to satisfy the require- under subsection (j)(5))— tion 101(a)(27)(N).’’. ment to submit fingerprints of subparagraph ‘‘(aa) for whom no parent or legal guardian (c) ALLOCATION OF SPECIAL IMMIGRANT (A). is able to provide adequate care; VISAS.—Section 203(b)(4) of the Immigration (2) DATABASE SEARCH.—The Secretary of ‘‘(bb) who faces a credible fear of harm re- Nationality Act (8 U.S.C. 1153(b)(4)) is Homeland Security shall ensure that a lated to his or her age; amended by striking ‘‘(A) or (B) thereof’’ and search of each database that contains finger- ‘‘(cc) who lacks adequate protection from inserting ‘‘(A), (B), or (N) thereof’’. prints that is maintained by an agency or de- such harm; and (d) EXPEDITED PROCESS.—Not later than 45 partment of the United States be conducted ‘‘(dd) for whom it has been determined to days from the date of referral to a consular, to determine whether such alien is ineligible be in his or her best interests to be admitted immigration, or other designated official as for an adjustment of status under any provi- to the United States; or described in section 101(a)(27)(N) of the Im- sion of the Immigration and Nationality Act ‘‘(ii) who is— migration and Nationality Act, as added by (8 U.S.C. 1101 et seq.) on criminal, security, ‘‘(I) referred to a consular or immigration subsection (a), special immigrant status or related grounds. official by a United States Government shall be adjudicated and, if granted, the alien (3) COOPERATION AND SCHEDULE.—The Sec- agency, an international organization or rec- shall be paroled to the United States pursu- retary of Homeland Security and the head of ognized nongovernmental entity designated ant to section 212(d)(5) of that Act (8 U.S.C. each appropriate agency or department of by the Secretary of State for purposes of 1182(d)(5)) and allowed to apply for adjust- the United States shall work cooperatively such referrals; and ment of status to permanent residence under to ensure that each database search required ‘‘(II) determined by such official to be a fe- section 245 of that Act (8 U.S.C. 1255) within by paragraph (2) is completed not later than male who has— 1 year of the alien’s arrival in the United 180 days after the date on which the alien en- ‘‘(aa) a credible fear of harm related to her States. ters the United States. sex; and (e) REPORT TO CONGRESS.—Not later than 1 (4) ADMINISTRATIVE AND JUDICIAL REVIEW.— ‘‘(bb) a lack of adequate protection from year after the date of enactment of this Act, (A) ADMINISTRATIVE REVIEW.—An alien who such harm.’’. the Secretary of Homeland Security shall re- is admitted to the United States under this (b) STATUTORY CONSTRUCTION.—Section 101 port to the Committee on the Judiciary of title or an amendment made by this title of the Immigration and Nationality Act (8 the Senate and the Committee on the Judici- who is determined to be ineligible for an ad- U.S.C. 1101) is amended by adding at the end ary of the House of Representatives on the justment of status pursuant to section 212 of the following: progress of the implementation of this title the Immigration and Nationality Act (8 ‘‘(j)(1) No natural parent or prior adoptive and the amendments made by this title, in- U.S.C. 1182) may appeal such a determination parent of any alien provided special immi- cluding— through the Administrative Appeals Office of grant status under subsection (a)(27)(N)(i) (1) data related to the implementation of the Bureau of Citizenship and Immigration shall thereafter, by virtue of such parentage, this title and the amendments made by this Services of the Department of Homeland Se- be accorded any right, privilege, or status title; curity. The Secretary of Homeland Security under this Act. (2) data regarding the number of place- shall ensure that a determination on such ‘‘(2)(A) No alien who qualifies for a special ments of females and children who faces a appeal is made not later than 60 days after immigrant visa under subsection credible fear of harm as referred to in sec- the date that the appeal is filed. (a)(27)(N)(ii) may apply for derivative status tion 101(a)(27)(N) of the Immigration and Na- (B) JUDICIAL REVIEW.—Nothing in this title, or petition for any spouse who is represented tionality Act, as added by subsection (a); and or in an amendment made by this title, may by the alien as missing, deceased, or the (3) any other information that the Sec- preclude application of section 242(a)(2)(B) of source of harm at the time of the alien’s ap- retary of Homeland Security determines to the Immigration and Nationality Act (8 plication and admission. The Secretary of be appropriate. U.S.C. 1252(a)(2)(B)). Homeland Security may waive this require- (f) AUTHORIZATION OF APPROPRIATIONS.— ment for an alien who demonstrates that the There is authorized to be appropriated such SA 366. Mr. CORZINE (for himself alien’s representations regarding the spouse sums as may be necessary to carry out this were bona fide. and Mr. BROWNBACK) submitted an section and the amendments made by this ‘‘(B) An alien who qualifies for a special amendment intended to be proposed by section. immigrant visa under subsection (a)(27)(N) him to the bill H.R. 1268, making emer- may apply for derivative status or petition SEC. 7003. REQUIREMENTS FOR ALIENS. gency supplemental appropriations for for any sibling under the age of 18 years or (a) REQUIREMENT PRIOR TO ENTRY INTO THE the fiscal year ending September 30, children under the age of 18 years of any UNITED STATES.— 2005, to establish and rapidly imple- (1) DATABASE SEARCH.—An alien may not such alien, if accompanying or following to ment regulations for State driver’s li- join the alien. For purposes of this subpara- be admitted to the United States under this graph, a determination of age shall be made title or an amendment made by this title cense and identification document se- using the age of the alien on the date the pe- until the Secretary of Homeland Security curity standards, to prevent terrorists tition is filed with the Department of Home- has ensured that a search of each database from abusing the asylum laws of the land Security. maintained by an agency or department of United States, to unify terrorism-re- ‘‘(3) An alien who qualifies for a special im- the United States has been conducted to de- lated grounds for inadmissibility and migrant visa under subsection (a)(27)(N) termine whether such alien is ineligible to removal, to ensure expeditious con- shall be treated in the same manner as a ref- be admitted to the Untied States on crimi- struction of the San Diego border ugee solely for purposes of section 412. nal, security, or related grounds. ‘‘(4) The provisions of paragraphs (4), (5), (2) COOPERATION AND SCHEDULE.—The Sec- fence, and for other purposes; which and (7)(A) of section 212(a) shall not be appli- retary of Homeland Security and the head of was ordered to lie on the table; as fol- cable to any alien seeking admission to the each appropriate agency or department of lows: United States under subsection (a)(27)(N), the United States shall work cooperatively On page 231, between lines 3 and 4, insert and the Secretary of Homeland Security may to ensure that each database search required the following: waive any other provision of such section by paragraph (1) is completed not later than TITLE VII—ACCOUNTABILITY IN DARFUR (other than paragraph (2)(C) or subparagraph 45 days after the date on which an alien files (A), (B), (C), or (E) of paragraph (3)) with re- a petition seeking a special immigration visa SECTION 7001. SHORT TITLE. spect to such an alien for humanitarian pur- under section 101(a)(27)(N) of the Immigra- This title may be cited as the ‘‘Darfur Ac- poses, to assure family unity, or when it is tion and Nationality Act, as added by sec- countability Act of 2005’’. otherwise in the public interest. Any such tion 7002(a). SEC. 7002. DEFINITIONS. waiver by the Secretary of Homeland Secu- (b) REQUIREMENT AFTER ENTRY INTO THE In this title: rity shall be in writing and shall be granted UNITED STATES.— (1) APPROPRIATE CONGRESSIONAL COMMIT- only on an individual basis following an in- (1) REQUIREMENT TO SUBMIT FINGER- TEES.—The term ‘appropriate congressional vestigation. The Secretary of Homeland Se- PRINTS.— committees’ means the Committee on For- curity shall provide for the annual reporting (A) IN GENERAL.—Not later than 30 days eign Relations and the Committee on Appro- to Congress of the number of waivers granted after the date that an alien enters the priations of the Senate and the Committee under this paragraph in the previous fiscal United States under this title or an amend- on International Relations and the Com- year and a summary of the reasons for grant- ment made by this title, the alien shall be mittee on Appropriations of the House of ing such waivers. fingerprinted and submit to the Secretary of Representatives.

VerDate Aug 04 2004 05:27 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.072 S13PT1 S3574 CONGRESSIONAL RECORD — SENATE April 13, 2005

(2) GOVERNMENT OF SUDAN.—The term obtain such full compliance and coopera- SEC. 7004. SENSE OF CONGRESS. ‘‘Government of Sudan’’ means the National tion’’. It is the sense of Congress that— Congress Party-led government in Khar- (7) United Nations Security Council Reso- (1) the atrocities unfolding in Darfur, toum, Sudan, or any successor government lution 1564 also ‘‘welcomes and supports the Sudan, have been and continue to be geno- formed on or after the date of the enactment intention of the African Union to enhance cide; of this title. and augment its monitoring mission in (2) the United States should immediately (3) MEMBER STATES.—The term ‘‘member Darfur’’ and ‘‘urges member states to sup- seek passage at the United Nations Security states’’ means the member states of the port the African Union in these efforts, in- Council of a resolution that— United Nations. cluding by providing all equipment, (A) extends the freezing of property and as- (4) SUDAN NORTH-SOUTH PEACE AGREE- logistical, financial, material, and other re- sets and denial of visas and entry, pursuant MENT.—The term ‘‘Sudan North-South Peace sources necessary to support the rapid ex- to United Nations Security Council Resolu- Agreement’’ means the comprehensive peace pansion of the African Union Mission’’. tion 1591, to include— agreement signed by the Government of (8) On February 1, 2005, the United Nations (i) those named by the UN Commission of Sudan and the Sudan People’s Liberation released the Report of the International Inquiry; (ii) family members of those named by the Army/Movement on January 9, 2005. Commission of Inquiry on Darfur to the UN Commission of Inquiry and those des- (5) THOSE NAMED BY THE UN COMMISSION OF United Nations Secretary-General, dated ignated by the UN Committee; and INQUIRY.—The term ‘‘those named by the UN January 25, 2005, which stated that, (iii) any associates of those named by the Commission of Inquiry’’ means those indi- ‘‘[g]overnment forces and militias conducted UN Commission of Inquiry and those des- viduals whose names appear in the sealed file indiscriminate attacks, including killing of ignated by the UN Committee to whom as- delivered to the Secretary-General of the civilians, torture, enforced disappearances, United Nations by the International Com- sets or property of those named by the UN destruction of villages, rape and other forms Commission of Inquiry or those designated mission of Inquiry on Darfur to the United of sexual violence, pillaging and forced dis- Nations Security Council. by the UN Committee were transferred on or placement throughout Darfur’’, that such after July 1, 2002; (6) UN COMMITTEE.—The term ‘‘UN Com- ‘‘acts were conducted on a widespread and (B) urges member states to submit to the mittee’’ means the Committee of the Secu- systematic basis, and therefore may amount rity Council established in United Nations Security Council the name of any individual to crimes against humanity’’, and that the that the government of any such member Security Council Resolution 1591 (29 March ‘‘magnitude and large-scale nature of some 2005); paragraph 3. state believes is or has been planning, car- crimes against humanity as well as their rying out, responsible for, or otherwise in- SEC. 7003. FINDINGS. consistency over a long period of time, nec- volved in genocide, war crimes, or crimes Congress makes the following findings: essarily imply that these crimes result from against humanity in Darfur, along with evi- (1) On July 22, 2004, the House of Rep- a central planning operation’’. dence supporting such belief so that the Se- resentatives and the Senate declared that (9) The Report of the International Com- curity Council may consider imposing sanc- the atrocities occurring in Darfur, Sudan are mission of Inquiry on Darfur to the United tions pursuant to United Nations Security genocide. Nations Secretary-General notes that, pursu- Council Resolution 1591; (2) On September 9, 2004, Secretary of State ant to its mandate and in the course of its (C) imposes additional sanctions or addi- Colin L. Powell stated before the Committee work, the UN Commission collected informa- tional measures against the Government of on Foreign Relations of the Senate, ‘‘[w]hen tion relating to individual perpetrators of Sudan, including sanctions that will affect we reviewed the evidence compiled by our acts constituting ‘‘violations of inter- the petroleum sector in Sudan, individual team, along with other information avail- national human rights law and international members of the Government of Sudan, and able to the State Department, we concluded humanitarian law, including crimes against entities controlled or owned by officials of that genocide has been committed in Darfur humanity and war crimes’’ and that the UN the government of Sudan or the National and that the Government of Sudan and the Commission has delivered to the Secretary- Congress Party in Sudan, that will remain in [Janjaweed] bear responsibility—and geno- General of the United Nations a sealed file of effect until such time as— cide may still be occurring’’. those named by the UN Commission with the (i) humanitarian organizations are granted (3) President George W. Bush, in an address recommendation that the ‘‘file be handed full, unimpeded access to Darfur; before the United Nations General Assembly over to a competent Prosecutor’’. (ii) the Government of Sudan cooperates on September 21, 2004, stated, ‘‘[a]t this hour, (10) On March 24, 2005, the United Nations with humanitarian relief efforts, carries out the world is witnessing terrible suffering and Security Council passed Security Council activities to demobilize and disarm horrible crimes in the Darfur region of Resolution 1590, establishing the United Na- Janjaweed militias and any other militias Sudan, crimes my government has concluded tions Mission in Sudan (UNMIS) consisting supported or created by the Government of are genocide’’. of 10,000 military personnel and 715 civilian Sudan, and cooperates fully with efforts to (4) On July 30, 2004, the United Nations Se- police personnel. The mandate of UNMIS in- bring to justice the individuals responsible curity Council passed Security Council Reso- cludes to ‘‘closely and continuously liaise for genocide, war crimes, or crimes against lution 1556, calling upon the Government of and coordinate at all levels with the African humanity in Darfur; Sudan to disarm the Janjaweed militias and Union Mission in Sudan (AMIS) with a view (iii) the Government of Sudan cooperates to apprehend and bring to justice Janjaweed towards expeditiously reinforcing the effort fully with the African Union, the United Na- leaders and their associates who have incited to foster peace in Darfur, especially with re- tions, and all other observer, monitoring, and carried out violations of human rights gard to the Abuja peace process and the Afri- and protection missions mandated to operate and international humanitarian law and car- can Union Mission in Sudan’’. Security in Sudan; ried out other atrocities in the Darfur re- Council Resolution 1590 also urged the Sec- (iv) the Government of Sudan permits the gion. retary-General and United Nations High safe and voluntary return of displaced per- (5) On September 18, 2004, the United Na- Commissioner for Human Rights to increase sons and refugees to their homes and re- tions Security Council passed Security Coun- the number and deployment rate of human builds the communities destroyed in the vio- cil Resolution 1564, determining that the rights monitors to Darfur. lence in Darfur; and Government of Sudan had failed to meet its (11) On March 29, 2005, the United Security (v) the Sudan North-South Peace Agree- obligations under Security Council Resolu- Council passed Security Council Resolution ment is fully implemented and a new coali- tion 1556, calling for a military flight ban in 1591, establishing a Committee of the Secu- tion government is created under such and over the Darfur region, demanding the rity Council and a Panel of Experts to iden- Agreement; names of Janjaweed militiamen disarmed tify individuals who have impeded the peace (D) establishes a military no-fly zone in and arrested for verification, establishing an process, constitute a threat to stability in Darfur; International Commission of Inquiry into Darfur and the region, commit violations of (E) supports the expansion of the African violations of international humanitarian and international humanitarian or human rights Union force in Darfur so that such force human rights laws, and threatening sanc- law or other atrocities, or who are respon- achieves the size and strength needed to pre- tions should the Government of Sudan fail to sible for offensive overflights, and calling on vent ongoing fighting and violence in Darfur; fully comply with Security Council Resolu- member states to prevent those individuals (F) urges member states to accelerate as- tions 1556 and 1564. identified from entry into or transit of their sistance to the African Union force in (6) United Nations Security Council Reso- territories and to freeze those individuals Darfur; lution 1564 declares that if the Government non-exempted assets. (G) calls on the Government of Sudan to of Sudan ‘‘fails to comply fully’’ with Secu- (12) On March 31, 2005, the United Nations cooperate with, and allow unrestricted move- rity Council Resolutions 1556 and 1564, the Security Council passed Security Council ment in Darfur by, the African Union force Security Council shall consider taking ‘‘ad- Resolution 1593, referring the situation in in the region, UNMIS, international humani- ditional measures’’ against the Government Darfur since July 1, 2002, to the Prosecutor tarian organizations, and United Nations of Sudan ‘‘as contemplated in Article 41 of of the International Criminal Court (ICC) monitors; the Charter of the United Nations, such as with the proviso that personnel from a state (H) extends the embargo of military equip- actions to affect Sudan’s petroleum sector or outside Sudan not a party to the Rome Stat- ment established by paragraphs 7 through 9 individual members of the Government of ute of the ICC shall not be subject to the ICC of Security Council Resolution 1556 and ex- Sudan, in order to take effective action to in this instance. panded by Security Council Resolution 1591

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.071 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3575 to include a total prohibition of sale or sup- command and control assistance, and intel- (1) naming the individual with respect to ply to the Government of Sudan; ligence; whom the President has made such election; (I) supports African Union and other inter- (8) the President should appoint a Presi- (2) describing the reasons for such election; national efforts to negotiate peace talks be- dential Envoy for Sudan— and tween the Government of Sudan and rebels (A) to support the implementation of the (3) including the determination of the in Darfur, calls on the Government of Sudan Sudan North-South Peace Agreement; President as to whether such individual has and rebels in Darfur to abide by their obliga- (B) to seek ways to bring stability and been, is, or may be planning, carrying out, tions under the N’Djamena Ceasefire Agree- peace to Darfur; responsible for, or otherwise involved in ment of April 8, 2004, and subsequent agree- (C) to address instability elsewhere in crimes against humanity, war crimes, or ments, and urges parties to engage in peace Sudan; and genocide in Darfur, Sudan. talks without preconditions and seek to re- (D) to seek a comprehensive peace (d) ASSET REPORTING REQUIREMENT.—Not solve the conflict; and throughout Sudan; later than 14 days after a decision to freeze (J) expands the mandate of UNMIS to in- (9) United States officials, including the the property or assets of, or deny a visa or entry to, any person under this section, the clude the protection of civilians throughout President, the Secretary of State, and the President shall report the name of such per- Sudan, including Dafur; Secretary of Defense, should raise the issue son to the appropriate congressional com- (3) the United States should work with of Darfur in bilateral meetings with officials from other members of the United Nations mittees. other nations to ensure effective efforts to (e) NOTIFICATION OF WAIVERS OF SANC- Security Council and relevant countries, freeze the property and assets of and deny TIONS.—Not later than 30 days before waiving with the aim of passing a United Nations Se- visas and entry to— the provisions of any sanctions currently in curity Council resolution described in para- (A) those named by the UN Commission of force with regard to Sudan, the President graph (2) and mobilizing maximum support Inquiry and those designated by the UN shall submit to the appropriate congres- Committee; for political, financial, and military efforts sional committees a report describing the (B) any individuals the United States be- to stop the genocide in Darfur; waiver and the reasons therefor. (10) the Secretary of State should imme- lieves is or has been planning, carrying out, SEC. 7006. REPORTS TO CONGRESS. diately engage in a concerted, sustained responsible for, or otherwise involved in (a) REPORTS ON STABILIZATION IN SUDAN.— campaign with other members of the United genocide, war crimes, and crimes against hu- (1) INITIAL REPORT.—Not later than 30 days Nations Security Council and relevant coun- manity in Darfur; after the date of enactment of this title, the tries with the aim of achieving the goals de- (C) family members of any person de- Secretary of State, in conjunction with the scribed in paragraph (9); scribed in subparagraphs (A) or (B); and Secretary of Defense, shall report to the ap- (11) the United States fully supports the (D) any associates of any such person to propriate congressional committees on ef- Sudan North-South Peace Agreement and whom assets or property of such person were forts to deploy an African Union force in urges the rapid implementation of its terms; transferred on or after July 1, 2002; Darfur, the capacity of such force to sta- (12) the United States condemns attacks on (4) the United States should not provide as- bilize Darfur and protect civilians, the needs humanitarian workers and calls on all forces sistance to the Government of Sudan, other of such force to succeed at such mission in- in Darfur, including forces of the Govern- than assistance necessary for the implemen- cluding housing, transportation, communica- ment of Sudan, all militia, and forces of the tation of the Sudan North-South Peace tions, equipment, technical assistance, in- Sudan Liberation Army/Movement and the Agreement, the support of the southern re- cluding training and command and control, Justice and Equality Movement, to refrain gional government in Sudan, or for humani- and intelligence, current status of United from such attacks; and tarian purposes in Sudan, unless the Presi- States and other assistance to the African (13) The United States should actively par- dent certifies and reports to Congress that— Union force, and additional United States as- ticipate in the UN Committee and the Panel (A) humanitarian organizations are being sistance needed. of Experts established pursuant to Security granted full, unimpeded access to Darfur and (2) SUBSEQUENT REPORTS.— Council Resolution 1591, and work to support the Government of Sudan is providing full (A) UPDATES REQUIRED.—The Secretary of the Secretary-General and the United Na- cooperation with humanitarian efforts; State, in conjunction with the Secretary of tions High Commissioner for Human Rights (B) concrete, sustained steps are being Defense, shall submit an update of the report in their efforts to increase the number and taken toward demobilizing and disarming submitted under paragraph (1) until such deployment rate of human rights monitors Janjaweed militias and any other militias time as the President certifies that the situ- to Darfur. supported or created by the Government of ation in Darfur is stable and that civilians Sudan; SEC. 7005. IMPOSITION OF SANCTIONS. are no longer in danger and that the African (C) the Government of Sudan is cooper- (a) FREEZING ASSETS.—At such time as the Union is no longer needed to prevent a re- ating fully with international efforts to United States has access to the names of sumption of violence and attacks against ci- those named by the UN Commission of In- bring to justice those responsible for geno- vilians. quiry and those designated by the UN Com- cide, war crimes, or crimes against humanity (B) DURATION OF REPORTING REQUIRE- mittee, the President shall, except as de- in Darfur; MENT.—The Secretary of State shall submit scribed under subsection (c), take such ac- (D) the Government of Sudan cooperates any updated reports required under subpara- tion as may be necessary to immediately fully with the African Union, the United Na- graph (A)— tions, and all other observer, monitoring, freeze the funds and other assets belonging to anyone so named, their family members, (i) every 60 days during the 2-year period and protection missions mandated to operate following the date of the enactment of this in Sudan; and any associates of those so named to whom assets or property of those so named Act; and (E) the Government of Sudan permits the were transferred on or after July 1, 2002, in- (ii) after such 2-year period, as part of the safe and voluntary return of displaced per- cluding requiring that any United States fi- report required under section 8(b) of the sons and refugees to their homes and re- nancial institution holding such funds and Sudan Peace Act (50 U.S.C. 1701 note), as builds the communities destroyed in the vio- assets promptly report those funds and as- amended by section 5(b) of the Comprehen- lence in Darfur; and sets to the Office of Foreign Assets Control. sive Peace in Sudan Act of 2004 (Public Law (F) the Sudan North-South Peace Agree- (b) VISA BAN.—Beginning at such times as 108–497; 118 Stat. 4018). ment is fully implemented and a new coali- the United States has access to the names of (b) REPORT ON THOSE NAMED BY THE UN tion government is created under such those named by the UN Commission of In- COMMISSION OF INQUIRY.—At such time as the Agreement; quiry and those designated by the UN Com- United States has access to the names of (5) the President should work with inter- mittee, the President shall, except as de- those named by the UN Commission of In- national organizations, including the North scribed under subsection (c), deny visas and quiry, the President shall submit to the ap- Atlantic Treaty Organization (NATO), the entry to— propriate congressional committees a report United Nations, and the African Union to es- (1) those named by the UN Commission of listing such names. tablish mechanisms for the enforcement of a Inquiry and those designated by the UN no-fly zone in Darfur; Committee; SA 367. Mr. BYRD proposed an (6) the African Union should extend its (2) the family members of those named by amendment to the bill H.R. 1268, mak- mandate in Darfur to include the protection the UN Commission of Inquiry and those des- ing emergency supplemental appropria- of civilians and proactive efforts to prevent ignated by the UN Committee; and tions for the fiscal year ending Sep- violence, and member states should support (3) anyone the President determines has tember 30, 2005, to establish and rapidly fully this extension; been, is, or may be planning, carrying out, implement regulations for State driv- (7) the President should accelerate assist- responsible for, or otherwise involved in er’s license and identification docu- ance to the African Union force in Darfur crimes against humanity, war crimes, or ment security standards, to prevent and discussions with the African Union and genocide in Darfur, Sudan. terrorists from abusing the asylum the European Union and other supporters of (c) WAIVER AUTHORITY.—The President the African Union force on the needs of such may elect not to take an action otherwise laws of the United States, to unify ter- force, including assistance for housing, required to be taken with respect to an indi- rorism-related grounds for inadmis- transportation, communications, equipment, vidual under subsection (a) or (b) after sub- sibility and removal, to ensure expedi- technical assistance such as training and mitting to Congress a report— tious construction of the San Diego

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.071 S13PT1 S3576 CONGRESSIONAL RECORD — SENATE April 13, 2005 border fence, and for other purposes; as Air Force aircraft on runway 04/22 at Las er’s license and identification docu- follows: Cruces International Airport on August 26, ment security standards, to prevent 2004. On page 169, line 13, strike ‘‘$897,191,000’’ terrorists from abusing the asylum (b) The acceptance by the City of Las and insert ‘‘$861,191,000’’. laws of the United States, to unify ter- Cruces, New Mexico, of the settlement rorism-related grounds for inadmis- Mr. CORZINE (for himself, amount made available under subsection (a) SA 368. shall be in full satisfaction of the claim for sibility and removal, to ensure expedi- Mr. DEWINE, Mr. BROWNBACK, Mr. DUR- damages described in such subsection. tious construction of the San Diego BIN, and Mr. LEAHY) submitted an border fence, and for other purposes; as amendment intended to be proposed by SA 370. Mr. SALAZAR submitted an follows: him to the bill H.R. 1268, making emer- amendment intended to be proposed by At the appropriate place, insert the fol- gency supplemental appropriations for him to the bill H.R. 1268, Making emer- lowing: the fiscal year ending September 30, gency supplemental appropriations for SEC. ll. SENSE OF THE SENATE. 2005, to establish and rapidly imple- the fiscal year ending September 30, It is the sense of the Senate that— ment regulations for State driver’s li- 2005, to establish and rapidly imple- (1) our immigration system is badly bro- cense and identification document se- ment regulations for State driver’s li- ken, fails to serve the interests of our na- tional security and our national economy, curity standards, to prevent terrorists cense and identification document se- and undermines respect for the rule of law; from abusing the asylum laws of the curity standards, to prevent terrorists (2) in a post-9/11 world, national security United States, to unify terrorism-re- from abusing the asylum laws of the demands a comprehensive solution to our lated grounds for inadmissibility and United States, to unify terrorism-re- immigration system; removal, to ensure expeditious con- lated grounds for inadmissibility and (3) Congress must engage in a careful and struction of the San Diego border removal, to ensure expeditious con- deliberative discussion about the need to fence, and for other purposes; which struction of the San Diego border bolster enforcement of, and comprehensively was ordered to lie on the table; as fol- fence, and for other purposes; which reform, our immigration laws; (4) Congress should not short-circuit that lows: was ordered to lie on the table; as fol- discussion by attaching amendments to this On page 183, after line 23, add the fol- lows: supplemental outside of the regular order; lowing: On page 175, beginning on line 24, strike and REQUIREMENT FOR TRANSFER OF FUNDS ‘‘$1,631,300,000’’ and all that follows through (5) Congress should not delay the enact- SEC. 2105. Not later than 15 days after the ‘‘Provided,’’ on line 25, and insert ment of critical appropriations necessary to date of the enactment of this Act, the au- ‘‘$1,636,300,000, to remain available until Sep- ensure the well-being of the men and women thority contained under the heading ‘‘INTER- tember 30, 2006: Provided, That of the funds of the United States Armed Forces fighting NATIONAL DISASTER AND FAMINE ASSISTANCE’’ appropriated under this heading, not less in Iraq and elsewhere around the world, by in chapter 2 of title II of Emergency Supple- than $5,000,000 shall be made available for attempting to conduct a debate about immi- mental Appropriations Act for Defense and programs and activities to promote democ- gration reform while the supplemental ap- for the Reconstruction of Iraq and Afghani- racy, including political party development, propriations bill is pending on the floor of stan, 2004 (Public Law 108-106; 117 Stat. 1227) in Lebanon and such amount shall be man- the United States Senate. to transfer funds made available under such aged by the Bureau of Democracy, Human chapter, shall be fully exercised and the Rights, and Labor of the Department of SA 373. Mrs. FEINSTEIN submitted funds transferred as follows: State: Provided further,’’. an amendment intended to be proposed (1) $53,000,000 shall be transferred to and On page 179, line 24, strike ‘‘$40,000,000’’ and by her to the bill H.R. 1268, Making consolidated with funds appropriated under insert ‘‘$35,000,000’’. emergency supplemental appropria- the heading ‘‘PEACEKEEPING OPERATIONS’’ in tions for the fiscal year ending Sep- title III of the Foreign Operations, Export SA 371. Mr. NELSON of Nebraska tember 30, 2005, to establish and rapidly Financing, and Related Programs Appropria- submitted an amendment intended to implement regulations for State driv- tions Act, 2005 (as enacted in division D of be proposed by her to the bill H.R. 1268, er’s license and identification docu- Public Law 108-447; 118 Stat. 2988) and used Making emergency supplemental ap- ment security standards, to prevent for the support of the efforts of the African propriations for the fiscal year ending Union to halt genocide and other atrocities terrorists from abusing the asylum September 30, 2005, to establish and laws of the United States, to unify ter- in Darfur, Sudan; and rapidly implement regulations for (2) $40,500,000 shall be transferred to and rorism-related grounds for inadmis- consolidated with funds appropriated under State driver’s license and identifica- sibility and removal, to ensure expedi- the heading ‘‘INTERNATIONAL DISASTER AND tion document security standards, to tious construction of the San Diego FAMINE ASSISTANCE’’ in such Act and used for prevent terrorists from abusing the border fence, and for other purposes; assistance for Darfur, Sudan. asylum laws of the United States, to which was ordered to lie on the table; unify terrorism-related grounds for in- as follows: SA 369. Mr. BINGAMAN submitted an admissibility and removal, to ensure At the appropriate place, insert the fol- amendment intended to be proposed by expeditious construction of the San lowing: him to the bill H.R. 1268, Making emer- Diego border fence, and for other pur- SEC. ll. STATE CRIMINAL ALIEN ASSISTANCE gency supplemental appropriations for poses; which was ordered to lie on the PROGRAM. the fiscal year ending September 30, table; as follows: (a) AUTHORIZATION OF APPROPRIATIONS.— 2005, to establish and rapidly imple- Section 241(i)(5) of the Immigration and Na- On page 169, between lines 8 and 9, insert tionality Act (8 U.S.C. 1231(i)(5)) is amended ment regulations for State driver’s li- the following: cense and identification document se- by striking ‘‘appropriated’’ and all that fol- SEC. 1122. Congress appropriated $1,000,000 lows through the period and inserting the curity standards, to prevent terrorists in Operations & Maintenance, Navy within following: ‘‘appropriated to carry out this from abusing the asylum laws of the both the Fiscal Year 2004 and 2005 Defense subsection— United States, to unify terrorism-re- Appropriations bills for the Navy to conduct ‘‘(A) such sums as may be necessary for lated grounds for inadmissibility and a recruitment and retention screening test fiscal year 2005; removal, to ensure expeditious con- program called the ‘‘Vital Learning Recruit- ‘‘(B) $750,000,000 for fiscal year 2006; ment/Retention Screening Test Program’’. ‘‘(C) $850,000,000 for fiscal year 2007; and struction of the San Diego border The Navy is strongly encouraged to ensure ‘‘(D) $950,000,000 for each of the fiscal fence, and for other purposes; which that it utilizes a ‘‘best value’’ acquisition years 2008 through 2011.’’. was ordered to lie on the table; as fol- strategy which emphasizes the past perform- (b) LIMITATION ON USE OF FUNDS.—Section lows: ance technical capabilities of the company it 241(i)(6) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(6)) is amended to read as On page 169, between lines 8 and 9, insert selects to execute this program for which the follows: the following: $2,000,000 was appropriated. ‘‘(6) Amounts appropriated pursuant to the SETTLEMENT OF CLAIM FOR DAMAGES AT LAS SA 372. Mr. CORNYN (for himself and authorization of appropriations in paragraph CRUCES INTERNATIONAL AIRPORT Mrs. FEINSTEIN) proposed an amend- (5) that are distributed to a State or political SEC. 1122. (a) Of the funds appropriated or ment to the bill H.R. 1268, Making subdivision of a State, including a munici- otherwise made available by this Act, pality, may be used only for correctional $2,100,000 shall be made available to the Sec- emergency supplemental appropria- purposes.’’. retary of the Air Force to settle the claim tions for the fiscal year ending Sep- filed by the City of Las Cruces, New Mexico, tember 30, 2005, to establish and rapidly SA 374. Mr. KOHL (for himself, Mr. for damages resulting from the operation of implement regulations for State driv- DEWINE, Mr. HARKIN, Mr. DURBIN, Mr.

VerDate Aug 04 2004 05:27 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.071 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3577 LEAHY, Ms. MIKULSKI, Mr. INOUYE, Ms. farm labor contractor and any agricultural section 212(a)(6)(C)(i) of the Immigration and LANDRIEU, Mrs. MURRAY, Mr. DORGAN, association, that employs workers in agri- Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or Mr. COLEMAN, Mr. OBAMA, and Mr. cultural employment. (ii) the alien— (3) JOB OPPORTUNITY.—The term ‘‘job op- (I) commits an act that makes the alien in- CORZINE) submitted an amendment in- portunity’’ means a job opening for tem- admissible to the United States as an immi- tended to be proposed by him to the porary full-time employment at a place in grant, except as provided under subsection bill H.R. 1268, Making emergency sup- the United States to which United States (e)(2); plemental appropriations for the fiscal workers can be referred. (II) is convicted of a felony or 3 or more year ending September 30, 2005, to es- (4) SECRETARY.—The term ‘‘Secretary’’ misdemeanors committed in the United tablish and rapidly implement regula- means the Secretary of Homeland Security. States; or tions for State driver’s license and (5) TEMPORARY.—A worker is employed on (III) is convicted of a single misdemeanor identification document security a ‘‘temporary’’ basis where the employment for which the actual sentence served is 6 is intended not to exceed 10 months. months or longer. standards, to prevent terrorists from (6) UNITED STATES WORKER.—The term (5) RECORD OF EMPLOYMENT.— abusing the asylum laws of the United ‘‘United States worker’’ means any worker, (A) IN GENERAL.—Each employer of a work- States, to unify terrorism-related whether a United States citizen or national, er granted status under this subsection shall grounds for inadmissibility and re- a lawfully admitted permanent resident annually— moval, to ensure expeditious construc- alien, or any other alien, who is authorized (i) provide a written record of employment tion of the San Diego border fence, and to work in the job opportunity within the to the alien; and for other purposes; which was ordered United States, except an alien admitted or (ii) provide a copy of such record to the Secretary. to lie on the table; as follows: otherwise provided status under section 101(a)(15)(H)(ii)(a) of the Immigration and (B) SUNSET.—The obligation under sub- In the bill, on page 171, line 2 strike Nationality Act (8 U.S.C. paragraph (A) shall terminate on the date ‘‘$150,000,000 through line 6 and insert in lieu 1101(a)(15)(H)(ii)(a)). that is 6 years after the date of enactment of thereof the following: (7) WORK DAY.—The term ‘‘work day’’ this Act. ‘‘$47,000,000 to remain available until ex- means any day in which the individual is em- (b) RIGHTS OF ALIENS GRANTED TEMPORARY pended: Provided, That from this amount, to ployed 1 or more hours in agriculture con- RESIDENT STATUS.— the maximum extent possible, funding shall sistent with the definition of ‘‘man-day’’ (1) IN GENERAL.—Except as otherwise pro- be restored to the previously approved fiscal under section 3(u) of the Fair Labor Stand- vided in this subsection, an alien who ac- year 2005 programs under section 204(a)(2) of ards Act of 1938 (29 U.S.C. 203(u)). quires the status of an alien lawfully admit- the Agricultural Trade Development and As- ted for temporary residence under subsection sistance Act of 1954: Provided further, That of Subtitle A—Adjustment to Lawful Status (a), such status not having changed, shall be the funds provided under this heading, SEC. 711. AGRICULTURAL WORKERS. considered to be an alien lawfully admitted $12,000,000 shall be available to carry out pro- (a) TEMPORARY RESIDENT STATUS.— for permanent residence for purposes of any grams under the Food for Progress Act of (1) IN GENERAL.—Notwithstanding any law other than any provision of the Immi- 1985: Provided further, That the amount pro- other provision of law, the Secretary shall gration and Nationality Act (8 U.S.C. 1101 et vided under this heading is designated as an confer upon an alien who qualifies under this seq.). emergency requirement pursuant to section subsection the status of an alien lawfully ad- (2) DELAYED ELIGIBILITY FOR CERTAIN FED- 402 of the conference report to accompany S. mitted for temporary residence if the Sec- ERAL PUBLIC BENEFITS.—An alien who ac- Con. Res. 95 (108th Congress).’’ retary determines that the alien— quires the status of an alien lawfully admit- (A) has performed agricultural employ- ted for temporary residence under subsection SA 375. Mr. CRAIG (for himself and ment in the United States for at least 575 (a) as described in paragraph (1) shall not be Mr. KENNEDY) submitted an amend- hours or 100 work days, whichever is less, eligible, by reason of such acquisition of that ment intended to be proposed by him during any 12 consecutive months during the status, for any form of assistance or benefit to the bill H.R. 1268, Making emer- 18-month period ending on December 31, 2004; described in section 403(a) of the Personal (B) applied for such status during the 18- Responsibility and Work Opportunity Rec- gency supplemental appropriations for month application period beginning on the onciliation Act of 1996 (8 U.S.C. 1613(a)) until the fiscal year ending September 30, first day of the seventh month that begins 5 years after the date on which the Secretary 2005, to establish and rapidly imple- after the date of enactment of this Act; and confers temporary resident status upon that ment regulations for State driver’s li- (C) is otherwise admissible to the United alien under subsection (a). cense and identification document se- States under section 212 of the Immigration (3) TERMS OF EMPLOYMENT RESPECTING curity standards, to prevent terrorists and Nationality Act (8 U.S.C. 1182), except as ALIENS ADMITTED UNDER THIS SECTION.— from abusing the asylum laws of the otherwise provided under subsection (e)(2). (A) PROHIBITION.—No alien granted tem- United States, to unify terrorism-re- (2) AUTHORIZED TRAVEL.—During the period porary resident status under subsection (a) an alien is in lawful temporary resident sta- may be terminated from employment by any lated grounds for inadmissibility and tus granted under this subsection, the alien employer during the period of temporary removal, to ensure expeditious con- has the right to travel abroad (including resident status except for just cause. struction of the San Diego border commutation from a residence abroad) in the (B) TREATMENT OF COMPLAINTS.— fence, and for other purposes; which same manner as an alien lawfully admitted (i) ESTABLISHMENT OF PROCESS.—The Sec- was ordered to lie on the table; as fol- for permanent residence. retary shall establish a process for the re- lows: (3) AUTHORIZED EMPLOYMENT.—During the ceipt, initial review, and disposition in ac- period an alien is in lawful temporary resi- On page 231, between lines 3 and 4, insert cordance with this subparagraph of com- dent status granted under this subsection, the following: plaints by aliens granted temporary resident the alien shall be provided an ‘‘employment status under subsection (a) who allege that TITLE VII—AGRICULTURAL JOB OPPOR- authorized’’ endorsement or other appro- they have been terminated without just TUNITIES, BENEFITS, AND SECURITY priate work permit, in the same manner as cause. No proceeding shall be conducted ACT OF 2005 an alien lawfully admitted for permanent under this subparagraph with respect to a SEC. 701. SHORT TITLE. residence. termination unless the Secretary determines This title may be cited as the ‘‘Agricul- (4) TERMINATION OF TEMPORARY RESIDENT that the complaint was filed not later than 6 tural Job Opportunities, Benefits, and Secu- STATUS.— months after the date of the termination. rity Act of 2005’’ or the ‘‘AgJOBS Act of (A) IN GENERAL.—During the period of tem- (ii) INITIATION OF ARBITRATION.—If the Sec- 2005’’. porary resident status granted an alien retary finds that a complaint has been filed SEC. 702. DEFINITIONS. under this subsection, the Secretary may in accordance with clause (i) and there is In this title: terminate such status only upon a deter- reasonable cause to believe that the com- (1) AGRICULTURAL EMPLOYMENT.—The term mination under this Act that the alien is de- plainant was terminated without just cause, ‘‘agricultural employment’’ means any serv- portable. the Secretary shall initiate binding arbitra- ice or activity that is considered to be agri- (B) GROUNDS FOR TERMINATION OF TEM- tion proceedings by requesting the Federal cultural under section 3(f) of the Fair Labor PORARY RESIDENT STATUS.—Before any alien Mediation and Conciliation Service to ap- Standards Act of 1938 (29 U.S.C. 203(f)) or ag- becomes eligible for adjustment of status point a mutually agreeable arbitrator from ricultural labor under section 3121(g) of the under subsection (c), the Secretary may deny the roster of arbitrators maintained by such Internal Revenue Code of 1986 (26 U.S.C. adjustment to permanent resident status and Service for the geographical area in which 3121(g)). For purposes of this paragraph, agri- provide for termination of the temporary the employer is located. The procedures and cultural employment includes employment resident status granted such alien under rules of such Service shall be applicable to under section 101(a)(15)(H)(ii)(a) of the Immi- paragraph (1) if— the selection of such arbitrator and to such gration and Nationality Act (8 U.S.C. (i) the Secretary finds, by a preponderance arbitration proceedings. The Secretary shall 1101(a)(15)(H)(ii)(a)). of the evidence, that the adjustment to tem- pay the fee and expenses of the arbitrator, (2) EMPLOYER.—The term ‘‘employer’’ porary resident status was the result of fraud subject to the availability of appropriations means any person or entity, including any or willful misrepresentation (as described in for such purpose.

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(iii) ARBITRATION PROCEEDINGS.—The arbi- mines that the following requirements are (A) IN GENERAL.—Notwithstanding any trator shall conduct the proceeding in ac- satisfied: other provision of law, the Secretary shall cordance with the policies and procedures (i) QUALIFYING EMPLOYMENT.—The alien confer the status of lawful permanent resi- promulgated by the American Arbitration has performed at least 360 work days or 2,060 dent on the spouse and minor child of an Association applicable to private arbitration hours, but in no case less than 2,060 hours, of alien granted status under paragraph (1), in- of employment disputes. The arbitrator shall agricultural employment in the United cluding any individual who was a minor make findings respecting whether the termi- States, during the 6-year period beginning child on the date such alien was granted nation was for just cause. The arbitrator after the date of enactment of this Act. temporary resident status, if the spouse or may not find that the termination was for (ii) QUALIFYING YEARS.—The alien has per- minor child applies for such status, or if the just cause unless the employer so dem- formed at least 75 work days or 430 hours, principal alien includes the spouse or minor onstrates by a preponderance of the evi- but in no case less than 430 hours, of agricul- child in an application for adjustment of sta- dence. If the arbitrator finds that the termi- tural employment in the United States in at tus to that of a lawful permanent resident. nation was not for just cause, the arbitrator least 3 nonoverlapping periods of 12 consecu- (B) TREATMENT OF SPOUSES AND MINOR CHIL- shall make a specific finding of the number tive months during the 6-year period begin- DREN BEFORE ADJUSTMENT OF STATUS.—A of days or hours of work lost by the em- ning after the date of enactment of this Act. spouse and minor child of an alien granted ployee as a result of the termination. The ar- Qualifying periods under this clause may in- temporary resident status under subsection bitrator shall have no authority to order any clude nonconsecutive 12-month periods. (a) may not be— other remedy, including, but not limited to, (iii) QUALIFYING WORK IN FIRST 3 YEARS.— (i) removed while such alien maintains reinstatement, back pay, or front pay to the The alien has performed at least 240 work such status, except as provided in subpara- affected employee. Within 30 days from the days or 1,380 hours, but in no case less than graph (C); and conclusion of the arbitration proceeding, the 1,380 hours, of agricultural employment dur- (ii) granted authorization to engage in em- arbitrator shall transmit the findings in the ing the 3-year period beginning after the ployment in the United States or be provided form of a written opinion to the parties to date of enactment of this Act. an ‘‘employment authorized’’ endorsement the arbitration and the Secretary. Such find- (iv) APPLICATION PERIOD.—The alien applies or other work permit, unless such employ- ings shall be final and conclusive, and no of- for adjustment of status not later than 7 ment authorization is granted under another ficial or court of the United States shall years after the date of enactment of this provision of law. have the power or jurisdiction to review any (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF such findings. Act. (v) PROOF.—In meeting the requirements of STATUS AND REMOVAL.—The Secretary may (iv) EFFECT OF ARBITRATION FINDINGS.—If deny an alien spouse or child adjustment of the Secretary receives a finding of an arbi- clauses (i), (ii), and (iii), an alien may submit the record of employment described in sub- status under subparagraph (A) and may re- trator that an employer has terminated an move such spouse or child under section 240 alien granted temporary resident status section (a)(5) or such documentation as may be submitted under subsection (d)(3). of the Immigration and Nationality Act (8 under subsection (a) without just cause, the U.S.C. 1229a) if the spouse or child— Secretary shall credit the alien for the num- (vi) DISABILITY.—In determining whether an alien has met the requirements of clauses (i) commits an act that makes the alien ber of days or hours of work lost for purposes spouse or child inadmissible to the United of the requirement of subsection (c)(1). (i), (ii), and (iii), the Secretary shall credit States under section 212 of such Act (8 U.S.C. (v) TREATMENT OF ATTORNEY’S FEES.—The the alien with any work days lost because 1182), except as provided under subsection parties shall bear the cost of their own attor- the alien was unable to work in agricultural (e)(2); ney’s fees involved in the litigation of the employment due to injury or disease arising (ii) is convicted of a felony or 3 or more complaint. out of and in the course of the alien’s agri- misdemeanors committed in the United (vi) NONEXCLUSIVE REMEDY.—The com- cultural employment, if the alien can estab- States; or plaint process provided for in this subpara- lish such disabling injury or disease through (iii) is convicted of a single misdemeanor graph is in addition to any other rights an medical records. for which the actual sentence served is 6 employee may have in accordance with ap- (B) GROUNDS FOR DENIAL OF ADJUSTMENT OF months or longer. plicable law. STATUS.—The Secretary may deny an alien (vii) EFFECT ON OTHER ACTIONS OR PRO- adjustment to permanent resident status, (d) APPLICATIONS.— CEEDINGS.—Any finding of fact or law, judg- and provide for termination of the tem- (1) TO WHOM MAY BE MADE.— ment, conclusion, or final order made by an porary resident status granted such alien (A) WITHIN THE UNITED STATES.—The Sec- arbitrator in the proceeding before the Sec- under subsection (a), if— retary shall provide that— retary shall not be conclusive or binding in (i) the Secretary finds by a preponderance (i) applications for temporary resident sta- any separate or subsequent action or pro- of the evidence that the adjustment to tem- tus under subsection (a) may be filed— ceeding between the employee and the em- porary resident status was the result of fraud (I) with the Secretary, but only if the ap- ployee’s current or prior employer brought or willful misrepresentation, as described in plicant is represented by an attorney; or before an arbitrator, administrative agency, section 212(a)(6)(C)(i) of the Immigration and (II) with a qualified designated entity (des- court, or judge of any State or the United Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or ignated under paragraph (2)), but only if the States, regardless of whether the prior ac- (ii) the alien— applicant consents to the forwarding of the tion was between the same or related parties (I) commits an act that makes the alien in- application to the Secretary; and or involved the same facts, except that the admissible to the United States under sec- (ii) applications for adjustment of status arbitrator’s specific finding of the number of tion 212 of the Immigration and Nationality under subsection (c) shall be filed directly days or hours of work lost by the employee Act (8 U.S.C. 1182), except as provided under with the Secretary. as a result of the employment termination subsection (e)(2); (B) OUTSIDE THE UNITED STATES.—The Sec- may be referred to the Secretary pursuant to (II) is convicted of a felony or 3 or more retary, in cooperation with the Secretary of clause (iv). misdemeanors committed in the United State, shall establish a procedure whereby (C) CIVIL PENALTIES.— States; or an alien may apply for temporary resident (i) IN GENERAL.—If the Secretary finds, (III) is convicted of a single misdemeanor status under subsection (a) at an appropriate after notice and opportunity for a hearing, for which the actual sentence served is 6 consular office outside the United States. that an employer of an alien granted tem- months or longer. (C) PRELIMINARY APPLICATIONS.— porary resident status under subsection (a) (C) GROUNDS FOR REMOVAL.—Any alien (i) IN GENERAL.—During the application pe- has failed to provide the record of employ- granted temporary resident status under riod described in subsection (a)(1)(B), the ment required under subsection (a)(5) or has subsection (a) who does not apply for adjust- Secretary may grant admission to the provided a false statement of material fact ment of status under this subsection before United States as a temporary resident and in such a record, the employer shall be sub- the expiration of the application period de- provide an ‘‘employment authorized’’ en- ject to a civil money penalty in an amount scribed in subparagraph (A)(iv), or who fails dorsement or other appropriate work permit not to exceed $1,000 per violation. to meet the other requirements of subpara- to any alien who presents a preliminary ap- (ii) LIMITATION.—The penalty applicable graph (A) by the end of the applicable period, plication for such status under subsection (a) under clause (i) for failure to provide records is deportable and may be removed under sec- at a designated port of entry on the southern shall not apply unless the alien has provided tion 240 of the Immigration and Nationality land border of the United States. An alien the employer with evidence of employment Act (8 U.S.C. 1229a). The Secretary shall who does not enter through a port of entry is authorization granted under this section. issue regulations establishing grounds to subject to deportation and removal as other- (c) ADJUSTMENT TO PERMANENT RESI- waive subparagraph (A)(iii) with respect to wise provided in this Act. DENCE.— an alien who has completed at least 200 days (ii) DEFINITION.—For purposes of clause (i), (1) AGRICULTURAL WORKERS.— of the work requirement specified in such the term ‘‘preliminary application’’ means a (A) IN GENERAL.—Except as provided in subparagraph in the event of a natural dis- fully completed and signed application which subparagraph (B), the Secretary shall adjust aster which substantially limits the avail- contains specific information concerning the the status of an alien granted lawful tem- ability of agricultural employment or a per- performance of qualifying employment in porary resident status under subsection (a) sonal emergency that prevents compliance the United States, together with the pay- to that of an alien lawfully admitted for per- with such subparagraph. ment of the appropriate fee and the submis- manent residence if the Secretary deter- (2) SPOUSES AND MINOR CHILDREN.— sion of photographs and the documentary

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(iii) ELIGIBILITY.—An applicant under access to such files or records relating to an (8) ELIGIBILITY FOR LEGAL SERVICES.—Sec- clause (i) shall otherwise be admissible to alien without the consent of the alien, ex- tion 504(a)(11) of Public Law 104–134 (110 Stat. the United States under subsection (e)(2) and cept as allowed by a court order issued pur- 1321–53 et seq.) shall not be construed to pre- shall establish to the satisfaction of the ex- suant to paragraph (6). vent a recipient of funds under the Legal amining officer during an interview that the (6) CONFIDENTIALITY OF INFORMATION.— Services Corporation Act (42 U.S.C. 2996 et applicant’s claim to eligibility for temporary (A) IN GENERAL.—Except as otherwise pro- seq.) from providing legal assistance directly resident status is credible. vided in this subsection, neither the Sec- related to an application for adjustment of (D) TRAVEL DOCUMENTATION.—The Sec- retary, nor any other official or employee of status under this section. retary shall provide each alien granted sta- the Department of Homeland Security, or (9) APPLICATION FEES.— tus under this section with a counterfeit-re- bureau or agency thereof, may— (A) FEE SCHEDULE.—The Secretary shall sistant document of authorization to enter (i) use the information furnished by the ap- provide for a schedule of fees that— or reenter the United States that meets the plicant pursuant to an application filed (i) shall be charged for the filing of appli- requirements established by the Secretary. under this section, the information provided cations for status under subsections (a) and (2) DESIGNATION OF ENTITIES TO RECEIVE AP- to the applicant by a person designated (c); and PLICATIONS.— under paragraph (2)(A), or any information (ii) may be charged by qualified designated (A) IN GENERAL.—For purposes of receiving provided by an employer or former employer, entities to help defray the costs of services applications under subsection (a), the Sec- for any purpose other than to make a deter- provided to such applicants. retary— mination on the application, or for enforce- (B) PROHIBITION ON EXCESS FEES BY QUALI- (i) shall designate qualified farm labor or- ment of paragraph (7); FIED DESIGNATED ENTITIES.—A qualified des- ganizations and associations of employers; (ii) make any publication whereby the in- ignated entity may not charge any fee in ex- and formation furnished by any particular indi- cess of, or in addition to, the fees authorized (ii) may designate such other persons as vidual can be identified; or under subparagraph (A)(ii) for services pro- the Secretary determines are qualified and (iii) permit anyone other than the sworn have substantial experience, demonstrate vided to applicants. officers and employees of the Department of (C) DISPOSITION OF FEES.— competence, and have traditional long-term Homeland Security, or bureau or agency involvement in the preparation and submis- (i) IN GENERAL.—There is established in the thereof, or, with respect to applications filed general fund of the Treasury a separate ac- sion of applications for adjustment of status with a qualified designated entity, that under section 209, 210, or 245 of the Immigra- count, which shall be known as the ‘‘Agricul- qualified designated entity, to examine indi- tural Worker Immigration Status Adjust- tion and Nationality Act, Public Law 89–732, vidual applications. Public Law 95–145, or the Immigration Re- ment Account’’. Notwithstanding any other (B) REQUIRED DISCLOSURES.—The Secretary provision of law, there shall be deposited as form and Control Act of 1986. shall provide the information furnished (B) REFERENCES.—Organizations, associa- offsetting receipts into the account all fees under this section, or any other information collected under subparagraph (A)(i). tions, and persons designated under subpara- derived from such furnished information, graph (A) are referred to in this Act as (ii) USE OF FEES FOR APPLICATION PROC- to— ‘‘qualified designated entities’’. ESSING.—Amounts deposited in the ‘‘Agricul- (i) a duly recognized law enforcement enti- (3) PROOF OF ELIGIBILITY.— tural Worker Immigration Status Adjust- ty in connection with a criminal investiga- (A) IN GENERAL.—An alien may establish ment Account’’ shall remain available to the tion or prosecution, if such information is that the alien meets the requirement of sub- Secretary until expended for processing ap- requested in writing by such entity; or section (a)(1)(A) or (c)(1)(A) through govern- plications for status under subsections (a) (ii) an official coroner, for purposes of af- ment employment records or records sup- and (c). firmatively identifying a deceased indi- plied by employers or collective bargaining vidual, whether or not the death of such in- (e) WAIVER OF NUMERICAL LIMITATIONS AND organizations, and other reliable documenta- dividual resulted from a crime. CERTAIN GROUNDS FOR INADMISSIBILITY.— tion as the alien may provide. The Secretary ONSTRUCTION.— UMERICAL LIMITATIONS DO NOT APPLY shall establish special procedures to properly (C) C (1) N .— credit work in cases in which an alien was (i) IN GENERAL.—Nothing in this paragraph The numerical limitations of sections 201 employed under an assumed name. shall be construed to limit the use, or re- and 202 of the Immigration and Nationality lease, for immigration enforcement purposes (B) DOCUMENTATION OF WORK HISTORY.— Act (8 U.S.C. 1151 and 1152) shall not apply to or law enforcement purposes of information (i) BURDEN OF PROOF.—An alien applying the adjustment of aliens to lawful permanent for status under subsection (a)(1) or (c)(1) has contained in files or records of the Depart- resident status under this section. the burden of proving by a preponderance of ment of Homeland Security pertaining to an (2) WAIVER OF CERTAIN GROUNDS OF INADMIS- the evidence that the alien has worked the application filed under this section, other SIBILITY.—In the determination of an alien’s requisite number of hours or days (as re- than information furnished by an applicant eligibility for status under subsection quired under subsection (a)(1)(A) or pursuant to the application, or any other in- (a)(1)(C) or an alien’s eligibility for adjust- (c)(1)(A)). formation derived from the application, that ment of status under subsection (ii) TIMELY PRODUCTION OF RECORDS.—If an is not available from any other source. (c)(1)(B)(ii)(I), the following rules shall employer or farm labor contractor employ- (ii) CRIMINAL CONVICTIONS.—Information apply: ing such an alien has kept proper and ade- concerning whether the applicant has at any (A) GROUNDS OF EXCLUSION NOT APPLICA- quate records respecting such employment, time been convicted of a crime may be used BLE.—The provisions of paragraphs (5), the alien’s burden of proof under clause (i) or released for immigration enforcement or (6)(A), (7)(A), and (9)(B) of section 212(a) of may be met by securing timely production of law enforcement purposes. the Immigration and Nationality Act (8 those records under regulations to be pro- (D) CRIME.—Any person who knowingly U.S.C. 1182(a)) shall not apply. mulgated by the Secretary. uses, publishes, or permits information to be (B) WAIVER OF OTHER GROUNDS.— (iii) SUFFICIENT EVIDENCE.—An alien can examined in violation of this paragraph shall (i) IN GENERAL.—Except as provided in meet the burden of proof under clause (i) to be subject to a fine in an amount not to ex- clause (ii), the Secretary may waive any establish that the alien has performed the ceed $10,000. other provision of such section 212(a) in the work described in subsection (a)(1)(A) or (7) PENALTIES FOR FALSE STATEMENTS IN AP- case of individual aliens for humanitarian (c)(1)(A) by producing sufficient evidence to PLICATIONS.— purposes, to ensure family unity, or if other- show the extent of that employment as a (A) CRIMINAL PENALTY.—Any person who— wise in the public interest. matter of just and reasonable inference. (i) files an application for status under sub- (ii) GROUNDS THAT MAY NOT BE WAIVED.— (4) TREATMENT OF APPLICATIONS BY QUALI- section (a) or (c) and knowingly and willfully Paragraphs (2)(A), (2)(B), (2)(C), (3), and (4) of FIED DESIGNATED ENTITIES.—Each qualified falsifies, conceals, or covers up a material such section 212(a) may not be waived by the designated entity shall agree to forward to fact or makes any false, fictitious, or fraudu- Secretary under clause (i). the Secretary applications filed with it in lent statements or representations, or makes (iii) CONSTRUCTION.—Nothing in this sub- accordance with paragraph (1)(A)(i)(II) but or uses any false writing or document know- paragraph shall be construed as affecting the shall not forward to the Secretary applica- ing the same to contain any false, fictitious, authority of the Secretary other than under tions filed with it unless the applicant has or fraudulent statement or entry; or this subparagraph to waive provisions of consented to such forwarding. No such entity (ii) creates or supplies a false writing or such section 212(a). may make a determination required by this document for use in making such an applica- (C) SPECIAL RULE FOR DETERMINATION OF section to be made by the Secretary. Upon tion, PUBLIC CHARGE.—An alien is not ineligible for the request of the alien, a qualified des- shall be fined in accordance with title 18, status under this section by reason of a ignated entity shall assist the alien in ob- United States Code, imprisoned not more ground of inadmissibility under section taining documentation of the work history than 5 years, or both. 212(a)(4) of the Immigration and Nationality of the alien. (B) INADMISSIBILITY.—An alien who is con- Act (8 U.S.C. 1182(a)(4)) if the alien dem- (5) LIMITATION ON ACCESS TO INFORMATION.— victed of a crime under subparagraph (A) onstrates a history of employment in the Files and records prepared for purposes of shall be considered to be inadmissible to the United States evidencing self-support with- this subsection by qualified designated enti- United States on the ground described in sec- out reliance on public cash assistance.

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(f) TEMPORARY STAY OF REMOVAL AND (i) REGULATIONS.—The Secretary shall cause the former occupant is on strike or WORK AUTHORIZATION FOR CERTAIN APPLI- issue regulations to implement this section being locked out in the course of a labor dis- CANTS.— not later than the first day of the seventh pute. (1) BEFORE APPLICATION PERIOD.—Effective month that begins after the date of enact- ‘‘(C) NOTIFICATION OF BARGAINING REP- on the date of enactment of this Act, the ment of this Act. RESENTATIVES.—The employer, at the time of Secretary shall provide that, in the case of (j) EFFECTIVE DATE.—This section shall filing the application, has provided notice of an alien who is apprehended before the be- take effect on the date that regulations are the filing under this paragraph to the bar- ginning of the application period described issued implementing this section on an in- gaining representative of the employer’s em- in subsection (a)(1)(B) and who can establish terim or other basis. ployees in the occupational classification at a nonfrivolous case of eligibility for tem- (k) AUTHORIZATION OF APPROPRIATIONS.— the place or places of employment for which porary resident status under subsection (a) There are authorized to be appropriated to aliens are sought. (but for the fact that the alien may not the Secretary to carry out this section ‘‘(D) TEMPORARY OR SEASONAL JOB OPPOR- apply for such status until the beginning of $40,000,000 for each of fiscal years 2006 TUNITIES.—The job opportunity is temporary such period), until the alien has had the op- through 2009. or seasonal. portunity during the first 30 days of the ap- SEC. 712. CORRECTION OF SOCIAL SECURITY ‘‘(E) OFFERS TO UNITED STATES WORKERS.— plication period to complete the filing of an RECORDS. The employer has offered or will offer the job application for temporary resident status, (a) IN GENERAL.—Section 208(d)(1) of the to any eligible United States worker who ap- the alien— Social Security Act (42 U.S.C. 408(d)(1)) is plies and is equally or better qualified for (A) may not be removed; and amended— the job for which the nonimmigrant is, or (B) shall be granted authorization to en- (1) in subparagraph (B)(ii), by striking ‘‘or’’ the nonimmigrants are, sought and who will gage in employment in the United States at the end; be available at the time and place of need. and be provided an ‘‘employment author- (2) in subparagraph (C), by inserting ‘‘or’’ ‘‘(F) PROVISION OF INSURANCE.—If the job ized’’ endorsement or other appropriate work at the end; opportunity is not covered by the State permit for such purpose. (3) by inserting after subparagraph (C) the workers’ compensation law, the employer (2) DURING APPLICATION PERIOD.—The Sec- following: will provide, at no cost to the worker, insur- retary shall provide that, in the case of an ‘‘(D) who is granted status as a lawful tem- ance covering injury and disease arising out alien who presents a nonfrivolous applica- porary resident under the Agricultural Job of, and in the course of, the worker’s employ- tion for temporary resident status under Opportunity, Benefits, and Security Act of ment which will provide benefits at least subsection (a) during the application period 2005,’’; and equal to those provided under the State’s described in subsection (a)(1)(B), including (4) by striking ‘‘1990.’’ and inserting ‘‘1990, workers’ compensation law for comparable an alien who files such an application within or in the case of an alien described in sub- employment. 30 days of the alien’s apprehension, and until paragraph (D), if such conduct is alleged to ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY a final determination on the application has have occurred before the date on which the COLLECTIVE BARGAINING AGREEMENTS.—With been made in accordance with this section, alien was granted lawful temporary resident respect to a job opportunity that is not cov- the alien— status.’’. ered under a collective bargaining agree- (A) may not be removed; and (b) EFFECTIVE DATE.—The amendments ment: (B) shall be granted authorization to en- made by subsection (a) shall take effect on ‘‘(A) STRIKE OR LOCKOUT.—The specific job gage in employment in the United States the first day of the seventh month that be- opportunity for which the employer is re- and be provided an ‘‘employment author- gins after the date of enactment of this Act. questing an H–2A worker is not vacant be- ized’’ endorsement or other appropriate work Subtitle B—Reform of H–2A Worker Program cause the former occupant is on strike or permit for such purpose. being locked out in the course of a labor dis- SEC. 721. AMENDMENT TO THE IMMIGRATION pute. (g) ADMINISTRATIVE AND JUDICIAL RE- AND NATIONALITY ACT. VIEW.— ‘‘(B) TEMPORARY OR SEASONAL JOB OPPORTU- (a) IN GENERAL.—The Immigration and Na- NITIES.—The job opportunity is temporary or (1) IN GENERAL.—There shall be no adminis- tionality Act is amended by striking section seasonal. trative or judicial review of a determination 218 (8 U.S.C. 1188) and inserting the fol- ‘‘(C) BENEFIT, WAGE, AND WORKING CONDI- respecting an application for status under lowing: subsection (a) or (c) except in accordance TIONS.—The employer will provide, at a min- with this subsection. ‘‘H–2A EMPLOYER APPLICATIONS imum, the benefits, wages, and working con- (2) ADMINISTRATIVE REVIEW.— ‘‘SEC. 218. (a) APPLICATIONS TO THE SEC- ditions required by section 218A to all work- (A) SINGLE LEVEL OF ADMINISTRATIVE AP- RETARY OF LABOR.— ers employed in the job opportunities for PELLATE REVIEW.—The Secretary shall estab- ‘‘(1) IN GENERAL.—No alien may be admit- which the employer has applied under sub- lish an appellate authority to provide for a ted to the United States as an H–2A worker, section (a) and to all other workers in the single level of administrative appellate re- or otherwise provided status as an H–2A same occupation at the place of employ- view of such a determination. worker, unless the employer has filed with ment. (B) STANDARD FOR REVIEW.—Such adminis- the Secretary of Labor an application con- ‘‘(D) NONDISPLACEMENT OF UNITED STATES trative appellate review shall be based solely taining— WORKERS.—The employer did not displace upon the administrative record established ‘‘(A) the assurances described in subsection and will not displace a United States worker at the time of the determination on the ap- (b); employed by the employer during the period plication and upon such additional or newly ‘‘(B) a description of the nature and loca- of employment and for a period of 30 days discovered evidence as may not have been tion of the work to be performed; preceding the period of employment in the available at the time of the determination. ‘‘(C) the anticipated period (expected be- occupation at the place of employment for (3) JUDICIAL REVIEW.— ginning and ending dates) for which the which the employer seeks approval to em- (A) LIMITATION TO REVIEW OF REMOVAL.— workers will be needed; and ploy H–2A workers. There shall be judicial review of such a de- ‘‘(D) the number of job opportunities in ‘‘(E) REQUIREMENTS FOR PLACEMENT OF NON- termination only in the judicial review of an which the employer seeks to employ the IMMIGRANT WITH OTHER EMPLOYERS.—The em- order of removal under section 242 of the Im- workers. ployer will not place the nonimmigrant with migration and Nationality Act (8 U.S.C. ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap- another employer unless— 1252). plication filed under paragraph (1) shall be ‘‘(i) the nonimmigrant performs duties in (B) STANDARD FOR JUDICIAL REVIEW.—Such accompanied by a copy of the job offer de- whole or in part at 1 or more work sites judicial review shall be based solely upon the scribing the wages and other terms and con- owned, operated, or controlled by such other administrative record established at the ditions of employment and the bona fide oc- employer; time of the review by the appellate authority cupational qualifications that shall be pos- ‘‘(ii) there are indicia of an employment and the findings of fact and determinations sessed by a worker to be employed in the job relationship between the nonimmigrant and contained in such record shall be conclusive opportunity in question. such other employer; and unless the applicant can establish abuse of ‘‘(b) ASSURANCES FOR INCLUSION IN APPLI- ‘‘(iii) the employer has inquired of the discretion or that the findings are directly CATIONS.—The assurances referred to in sub- other employer as to whether, and has no ac- contrary to clear and convincing facts con- section (a)(1) are the following: tual knowledge or notice that, during the pe- tained in the record considered as a whole. ‘‘(1) JOB OPPORTUNITIES COVERED BY COLLEC- riod of employment and for a period of 30 (h) DISSEMINATION OF INFORMATION ON AD- TIVE BARGAINING AGREEMENTS.—With respect days preceding the period of employment, JUSTMENT PROGRAM.—Beginning not later to a job opportunity that is covered under a the other employer has displaced or intends than the first day of the application period collective bargaining agreement: to displace a United States worker employed described in subsection (a)(1)(B), the Sec- ‘‘(A) UNION CONTRACT DESCRIBED.—The job by the other employer in the occupation at retary, in cooperation with qualified des- opportunity is covered by a union contract the place of employment for which the em- ignated entities, shall broadly disseminate which was negotiated at arm’s length be- ployer seeks approval to employ H–2A work- information respecting the benefits that tween a bona fide union and the employer. ers. aliens may receive under this section and the ‘‘(B) STRIKE OR LOCKOUT.—The specific job ‘‘(F) STATEMENT OF LIABILITY.—The appli- requirements to be satisfied to obtain such opportunity for which the employer is re- cation form shall include a clear statement benefits. questing an H–2A worker is not vacant be- explaining the liability under subparagraph

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.076 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3581 (E) of an employer if the other employer de- cent of the period of employment for which conditions of employment required as a re- scribed in such subparagraph displaces a the foreign worker who is in the job was sult of making an application under sub- United States worker as described in such hired has elapsed, subject to the following section (a) is unaffected by withdrawal of subparagraph. requirements: such application. ‘‘(G) PROVISION OF INSURANCE.—If the job ‘‘(I) PROHIBITION.—No person or entity ‘‘(e) REVIEW AND APPROVAL OF APPLICA- opportunity is not covered by the State shall willfully and knowingly withhold TIONS.— workers’ compensation law, the employer United States workers before the arrival of ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The will provide, at no cost to the worker, insur- H–2A workers in order to force the hiring of employer shall make available for public ex- ance covering injury and disease arising out United States workers under this clause. amination, within 1 working day after the of and in the course of the worker’s employ- ‘‘(II) COMPLAINTS.—Upon receipt of a com- date on which an application under sub- ment which will provide benefits at least plaint by an employer that a violation of section (a) is filed, at the employer’s prin- equal to those provided under the State’s subclause (I) has occurred, the Secretary of cipal place of business or work site, a copy of workers’ compensation law for comparable Labor shall immediately investigate. The each such application (and such accom- employment. Secretary of Labor shall, within 36 hours of panying documents as are necessary). ‘‘(H) EMPLOYMENT OF UNITED STATES WORK- the receipt of the complaint, issue findings ‘‘(2) RESPONSIBILITY OF THE SECRETARY OF ERS.— concerning the alleged violation. If the Sec- LABOR.— ‘‘(i) RECRUITMENT.—The employer has retary of Labor finds that a violation has oc- ‘‘(A) COMPILATION OF LIST.—The Secretary taken or will take the following steps to re- curred, the Secretary of Labor shall imme- of Labor shall compile, on a current basis, a cruit United States workers for the job op- diately suspend the application of this clause list (by employer and by occupational classi- portunities for which the H–2A non- with respect to that certification for that fication) of the applications filed under this immigrant is, or H–2A nonimmigrants are, date of need. subsection. Such list shall include the wage sought: ‘‘(III) PLACEMENT OF UNITED STATES WORK- rate, number of workers sought, period of in- ‘‘(I) CONTACTING FORMER WORKERS.—The ERS.—Before referring a United States work- tended employment, and date of need. The employer shall make reasonable efforts er to an employer during the period de- Secretary of Labor shall make such list through the sending of a letter by United scribed in the matter preceding subclause (I), available for examination in the District of States Postal Service mail, or otherwise, to the Secretary of Labor shall make all rea- Columbia. contact any United States worker the em- sonable efforts to place the United States ‘‘(B) REVIEW OF APPLICATIONS.—The Sec- ployer employed during the previous season worker in an open job acceptable to the retary of Labor shall review such an applica- in the occupation at the place of intended worker, if there are other job offers pending tion only for completeness and obvious inac- employment for which the employer is ap- with the job service that offer similar job op- curacies. Unless the Secretary of Labor finds plying for workers and has made the avail- portunities in the area of intended employ- that the application is incomplete or obvi- ability of the employer’s job opportunities in ment. ously inaccurate, the Secretary of Labor the occupation at the place of intended em- ‘‘(iv) STATUTORY CONSTRUCTION.—Nothing shall certify that the intending employer has ployment known to such previous workers, in this subparagraph shall be construed to filed with the Secretary of Labor an applica- unless the worker was terminated from em- prohibit an employer from using such legiti- tion as described in subsection (a). Such cer- ployment by the employer for a lawful job- mate selection criteria relevant to the type tification shall be provided within 7 days of related reason or abandoned the job before of job that are normal or customary to the the filing of the application. the worker completed the period of employ- type of job involved so long as such criteria ‘‘H–2A EMPLOYMENT REQUIREMENTS ment of the job opportunity for which the are not applied in a discriminatory manner. ‘‘SEC. 218A. (a) PREFERENTIAL TREATMENT ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BE- worker was hired. OF ALIENS PROHIBITED.—Employers seeking ‘‘(II) FILING A JOB OFFER WITH THE LOCAL HALF OF EMPLOYER MEMBERS.— to hire United States workers shall offer the OFFICE OF THE STATE EMPLOYMENT SECURITY ‘‘(1) IN GENERAL.—An agricultural associa- United States workers no less than the same AGENCY.—Not later than 28 days before the tion may file an application under sub- benefits, wages, and working conditions that date on which the employer desires to em- section (a) on behalf of 1 or more of its em- the employer is offering, intends to offer, or ploy an H–2A worker in a temporary or sea- ployer members that the association cer- will provide to H–2A workers. Conversely, no sonal agricultural job opportunity, the em- tifies in its application has or have agreed in job offer may impose on United States work- ployer shall submit a copy of the job offer writing to comply with the requirements of ers any restrictions or obligations which will described in subsection (a)(2) to the local of- this section and sections 218A through 218C. not be imposed on the employer’s H–2A fice of the State employment security agen- ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS workers. cy which serves the area of intended employ- EMPLOYERS.—If an association filing an ap- ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORK- ment and authorize the posting of the job op- plication under paragraph (1) is a joint or ING CONDITIONS.—Except in cases where high- portunity on ‘America’s Job Bank’ or other sole employer of the temporary or seasonal er benefits, wages, or working conditions are electronic job registry, except that nothing agricultural workers requested on the appli- required by the provisions of subsection (a), in this subclause shall require the employer cation, the certifications granted under sub- in order to protect similarly employed to file an interstate job order under section section (e)(2)(B) to the association may be United States workers from adverse effects 653 of title 20, Code of Federal Regulations. used for the certified job opportunities of with respect to benefits, wages, and working ‘‘(III) ADVERTISING OF JOB OPPORTUNITIES.— any of its producer members named on the conditions, every job offer which shall ac- Not later than 14 days before the date on application, and such workers may be trans- company an application under section which the employer desires to employ an H– ferred among such producer members to per- 218(b)(2) shall include each of the following 2A worker in a temporary or seasonal agri- form the agricultural services of a tem- benefit, wage, and working condition provi- cultural job opportunity, the employer shall porary or seasonal nature for which the cer- sions: advertise the availability of the job opportu- tifications were granted. ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A nities for which the employer is seeking ‘‘(d) WITHDRAWAL OF APPLICATIONS.— HOUSING ALLOWANCE.— workers in a publication in the local labor ‘‘(1) IN GENERAL.—An employer may with- ‘‘(A) IN GENERAL.—An employer applying market that is likely to be patronized by po- draw an application filed pursuant to sub- under section 218(a) for H–2A workers shall tential farm workers. section (a), except that if the employer is an offer to provide housing at no cost to all ‘‘(IV) EMERGENCY PROCEDURES.—The Sec- agricultural association, the association workers in job opportunities for which the retary of Labor shall, by regulation, provide may withdraw an application filed pursuant employer has applied under that section and a procedure for acceptance and approval of to subsection (a) with respect to 1 or more of to all other workers in the same occupation applications in which the employer has not its members. To withdraw an application, at the place of employment, whose place of complied with the provisions of this subpara- the employer or association shall notify the residence is beyond normal commuting dis- graph because the employer’s need for H–2A Secretary of Labor in writing, and the Sec- tance. workers could not reasonably have been fore- retary of Labor shall acknowledge in writing ‘‘(B) TYPE OF HOUSING.—In complying with seen. the receipt of such withdrawal notice. An subparagraph (A), an employer may, at the ‘‘(ii) JOB OFFERS.—The employer has of- employer who withdraws an application employer’s election, provide housing that fered or will offer the job to any eligible under subsection (a), or on whose behalf an meets applicable Federal standards for tem- United States worker who applies and is application is withdrawn, is relieved of the porary labor camps or secure housing that equally or better qualified for the job for obligations undertaken in the application. meets applicable local standards for rental which the nonimmigrant is, or non- ‘‘(2) LIMITATION.—An application may not or public accommodation housing or other immigrants are, sought and who will be be withdrawn while any alien provided sta- substantially similar class of habitation, or available at the time and place of need. tus under section 101(a)(15)(H)(ii)(a) pursuant in the absence of applicable local standards, ‘‘(iii) PERIOD OF EMPLOYMENT.—The em- to such application is employed by the em- State standards for rental or public accom- ployer will provide employment to any ployer. modation housing or other substantially qualified United States worker who applies ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— similar class of habitation. In the absence of to the employer during the period beginning Any obligation incurred by an employer applicable local or State standards, Federal on the date on which the foreign worker de- under any other law or regulation as a result temporary labor camp standards shall apply. parts for the employer’s place of employ- of the recruitment of United States workers ‘‘(C) FAMILY HOUSING.—When it is the pre- ment and ending on the date on which 50 per- or H–2A workers under an offer of terms and vailing practice in the occupation and area

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.076 S13PT1 S3582 CONGRESSIONAL RECORD — SENATE April 13, 2005 of intended employment to provide family equal to the statewide average fair market effect wage rate for a State may be more housing, family housing shall be provided to rental for existing housing for metropolitan than the adverse effect wage rate for that workers with families who request it. counties for the State, as established by the State in effect on January 1, 2003, as estab- ‘‘(D) WORKERS ENGAGED IN THE RANGE PRO- Secretary of Housing and Urban Develop- lished by section 655.107 of title 20, Code of DUCTION OF LIVESTOCK.—The Secretary of ment pursuant to section 8(c) of the United Federal Regulations. Labor shall issue regulations that address States Housing Act of 1937 (42 U.S.C. ‘‘(C) REQUIRED WAGES AFTER 3-YEAR the specific requirements for the provision of 1437f(c)), based on a 2-bedroom dwelling unit FREEZE.— housing to workers engaged in the range pro- and an assumption of 2 persons per bedroom. ‘‘(i) FIRST ADJUSTMENT.—If Congress does duction of livestock. ‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— not set a new wage standard applicable to ‘‘(E) LIMITATION.—Nothing in this para- ‘‘(A) TO PLACE OF EMPLOYMENT.—A worker this section before the first March 1 that is graph shall be construed to require an em- who completes 50 percent of the period of not less than 3 years after the date of enact- ployer to provide or secure housing for per- employment of the job opportunity for which ment of this section, the adverse effect wage sons who were not entitled to such housing the worker was hired shall be reimbursed by rate for each State beginning on such March under the temporary labor certification reg- the employer for the cost of the worker’s 1 shall be the wage rate that would have re- ulations in effect on June 1, 1986. transportation and subsistence from the sulted if the adverse effect wage rate in ef- ‘‘(F) CHARGES FOR HOUSING.— place from which the worker came to work fect on January 1, 2003, had been annually ‘‘(i) CHARGES FOR PUBLIC HOUSING.—If pub- for the employer (or place of last employ- adjusted, beginning on March 1, 2006, by the lic housing provided for migrant agricultural ment, if the worker traveled from such lesser of— workers under the auspices of a local, coun- place) to the place of employment. ‘‘(I) the 12 month percentage change in the ty, or State government is secured by an em- ‘‘(B) FROM PLACE OF EMPLOYMENT.—A Consumer Price Index for All Urban Con- ployer, and use of the public housing unit worker who completes the period of employ- sumers between December of the second pre- normally requires charges from migrant ment for the job opportunity involved shall ceding year and December of the preceding workers, such charges shall be paid by the be reimbursed by the employer for the cost year; and employer directly to the appropriate indi- of the worker’s transportation and subsist- ‘‘(II) 4 percent. vidual or entity affiliated with the housing’s ence from the place of employment to the ‘‘(ii) SUBSEQUENT ANNUAL ADJUSTMENTS.— management. place from which the worker, disregarding Beginning on the first March 1 that is not ‘‘(ii) DEPOSIT CHARGES.—Charges in the intervening employment, came to work for less than 4 years after the date of enactment form of deposits for bedding or other similar the employer, or to the place of next employ- of this section, and each March 1 thereafter, incidentals related to housing shall not be ment, if the worker has contracted with a the adverse effect wage rate then in effect levied upon workers by employers who pro- subsequent employer who has not agreed to for each State shall be adjusted by the lesser vide housing for their workers. An employer provide or pay for the worker’s transpor- of— may require a worker found to have been re- tation and subsistence to such subsequent ‘‘(I) the 12 month percentage change in the sponsible for damage to such housing which employer’s place of employment. Consumer Price Index for All Urban Con- is not the result of normal wear and tear re- ‘‘(C) LIMITATION.— sumers between December of the second pre- lated to habitation to reimburse the em- ‘‘(i) AMOUNT OF REIMBURSEMENT.—Except ceding year and December of the preceding ployer for the reasonable cost of repair of as provided in clause (ii), the amount of re- year; and such damage. imbursement provided under subparagraph ‘‘(II) 4 percent. ‘‘(G) HOUSING ALLOWANCE AS ALTER- (A) or (B) to a worker or alien shall not ex- ‘‘(D) DEDUCTIONS.—The employer shall NATIVE.— ceed the lesser of— make only those deductions from the work- ‘‘(i) IN GENERAL.—If the requirement under ‘‘(I) the actual cost to the worker or alien er’s wages that are authorized by law or are clause (ii) is satisfied, the employer may pro- of the transportation and subsistence in- reasonable and customary in the occupation vide a reasonable housing allowance instead volved; or and area of employment. The job offer shall of offering housing under subparagraph (A). ‘‘(II) the most economical and reasonable specify all deductions not required by law Upon the request of a worker seeking assist- common carrier transportation charges and which the employer will make from the ance in locating housing, the employer shall subsistence costs for the distance involved. worker’s wages. make a good faith effort to assist the worker ‘‘(ii) DISTANCE TRAVELED.—No reimburse- ‘‘(E) FREQUENCY OF PAY.—The employer in identifying and locating housing in the ment under subparagraph (A) or (B) shall be shall pay the worker not less frequently than area of intended employment. An employer required if the distance traveled is 100 miles twice monthly, or in accordance with the who offers a housing allowance to a worker, or less, or the worker is not residing in em- prevailing practice in the area of employ- or assists a worker in locating housing which ployer-provided housing or housing secured ment, whichever is more frequent. the worker occupies, pursuant to this clause through an allowance as provided in para- ‘‘(F) HOURS AND EARNINGS STATEMENTS.— shall not be deemed a housing provider under graph (1)(G). The employer shall furnish to the worker, on section 203 of the Migrant and Seasonal Agri- ‘‘(D) EARLY TERMINATION.—If the worker is or before each payday, in 1 or more written cultural Worker Protection Act (29 U.S.C. laid off or employment is terminated for statements— 1823) solely by virtue of providing such hous- contract impossibility (as described in para- ‘‘(i) the worker’s total earnings for the pay ing allowance. No housing allowance may be graph (4)(D)) before the anticipated ending period; used for housing which is owned or con- date of employment, the employer shall pro- ‘‘(ii) the worker’s hourly rate of pay, piece trolled by the employer. vide the transportation and subsistence re- rate of pay, or both; ‘‘(ii) CERTIFICATION.—The requirement of quired by subparagraph (B) and, notwith- ‘‘(iii) the hours of employment which have this clause is satisfied if the Governor of the standing whether the worker has completed been offered to the worker (broken out by State certifies to the Secretary of Labor 50 percent of the period of employment, shall hours offered in accordance with and over that there is adequate housing available in provide the transportation reimbursement and above the three-quarters guarantee de- the area of intended employment for mi- required by subparagraph (A). scribed in paragraph (4); grant farm workers, and H–2A workers, who ‘‘(E) TRANSPORTATION BETWEEN LIVING ‘‘(iv) the hours actually worked by the are seeking temporary housing while em- QUARTERS AND WORK SITE.—The employer worker; ployed at farm work. Such certification shall shall provide transportation between the ‘‘(v) an itemization of the deductions made expire after 3 years unless renewed by the worker’s living quarters and the employer’s from the worker’s wages; and Governor of the State. work site without cost to the worker, and ‘‘(vi) if piece rates of pay are used, the ‘‘(iii) AMOUNT OF ALLOWANCE.— such transportation will be in accordance units produced daily. ‘‘(I) NONMETROPOLITAN COUNTIES.—If the with applicable laws and regulations. ‘‘(G) REPORT ON WAGE PROTECTIONS.—Not place of employment of the workers provided ‘‘(3) REQUIRED WAGES.— later than June 1, 2007, the Comptroller Gen- an allowance under this subparagraph is a ‘‘(A) IN GENERAL.—An employer applying eral of the United States shall prepare and nonmetropolitan county, the amount of the for workers under section 218(a) shall offer to transmit to the Secretary of Labor, the Com- housing allowance under this subparagraph pay, and shall pay, all workers in the occu- mittee on the Judiciary of the Senate, and shall be equal to the statewide average fair pation for which the employer has applied Committee on the Judiciary of the House of market rental for existing housing for non- for workers, not less (and is not required to Representatives, a report that addresses— metropolitan counties for the State, as es- pay more) than the greater of the prevailing ‘‘(i) whether the employment of H–2A or tablished by the Secretary of Housing and wage in the occupation in the area of in- unauthorized aliens in the United States ag- Urban Development pursuant to section 8(c) tended employment or the adverse effect ricultural work force has depressed United of the United States Housing Act of 1937 (42 wage rate. No worker shall be paid less than States farm worker wages below the levels U.S.C. 1437f(c)), based on a 2 bedroom dwell- the greater of the hourly wage prescribed that would otherwise have prevailed if alien ing unit and an assumption of 2 persons per under section 6(a)(1) of the Fair Labor Stand- farm workers had not been employed in the bedroom. ards Act of 1938 (29 U.S.C. 206(a)(1)) or the ap- United States; ‘‘(II) METROPOLITAN COUNTIES.—If the place plicable State minimum wage. ‘‘(ii) whether an adverse effect wage rate is of employment of the workers provided an ‘‘(B) LIMITATION.—Effective on the date of necessary to prevent wages of United States allowance under this paragraph is in a met- enactment of the Agricultural Job Oppor- farm workers in occupations in which H–2A ropolitan county, the amount of the housing tunity, Benefits, and Security Act of 2005 and workers are employed from falling below the allowance under this subparagraph shall be continuing for 3 years thereafter, no adverse wage levels that would have prevailed in the

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absence of the employment of H–2A workers ‘‘(B) FAILURE TO WORK.—Any hours which provider holds itself out to the general pub- in those occupations; the worker fails to work, up to a maximum lic as engaging in the transportation of pas- ‘‘(iii) whether alternative wage standards, of the number of hours specified in the job sengers for hire and holds a valid certifi- such as a prevailing wage standard, would be offer for a work day, when the worker has cation of authorization for such purposes sufficient to prevent wages in occupations in been offered an opportunity to do so, and all from an appropriate Federal, State, or local which H–2A workers are employed from fall- hours of work actually performed (including agency. ing below the wage level that would have voluntary work in excess of the number of ‘‘(B) APPLICABILITY OF STANDARDS, LICENS- prevailed in the absence of H–2A employ- hours specified in the job offer in a work day, ING, AND INSURANCE REQUIREMENTS.— ment; on the worker’s Sabbath, or on Federal holi- ‘‘(i) IN GENERAL.—When using, or causing ‘‘(iv) whether any changes are warranted days) may be counted by the employer in to be used, any vehicle for the purpose of in the current methodologies for calculating calculating whether the period of guaranteed providing transportation to which this sub- the adverse effect wage rate and the pre- employment has been met. paragraph applies, each employer shall— vailing wage; and ‘‘(C) ABANDONMENT OF EMPLOYMENT, TERMI- ‘‘(I) ensure that each such vehicle con- ‘‘(v) recommendations for future wage pro- NATION FOR CAUSE.—If the worker voluntarily forms to the standards prescribed by the Sec- tection under this section. abandons employment before the end of the retary of Labor under section 401(b) of the contract period, or is terminated for cause, ‘‘(H) COMMISSION ON WAGE STANDARDS.— Migrant and Seasonal Agricultural Worker the worker is not entitled to the ‘three- ‘‘(i) ESTABLISHMENT.—There is established Protection Act (29 U.S.C. 1841(b)) and other the Commission on Agricultural Wage fourths guarantee’ described in subparagraph applicable Federal and State safety stand- (A). Standards under the H–2A program (in this ards; ‘‘(D) CONTRACT IMPOSSIBILITY.—If, before subparagraph referred to as the ‘Commis- ‘‘(II) ensure that each driver has a valid the expiration of the period of employment sion’). and appropriate license, as provided by State specified in the job offer, the services of the ‘‘(ii) COMPOSITION.—The Commission shall law, to operate the vehicle; and worker are no longer required for reasons be- consist of 10 members as follows: ‘‘(III) have an insurance policy or a liabil- yond the control of the employer due to any ‘‘(I) 4 representatives of agricultural em- ity bond that is in effect which insures the form of natural disaster, including but not ployers and 1 representative of the Depart- employer against liability for damage to per- limited to a flood, hurricane, freeze, earth- ment of Agriculture, each appointed by the sons or property arising from the ownership, quake, fire, drought, plant or animal disease operation, or causing to be operated, of any Secretary of Agriculture. or pest infestation, or regulatory drought, ‘‘(II) 4 representatives of agricultural vehicle used to transport any H–2A worker. before the guarantee in subparagraph (A) is ‘‘(ii) AMOUNT OF INSURANCE REQUIRED.—The workers and 1 representative of the Depart- fulfilled, the employer may terminate the ment of Labor, each appointed by the Sec- level of insurance required shall be deter- worker’s employment. In the event of such mined by the Secretary of Labor pursuant to retary of Labor. termination, the employer shall fulfill the ‘‘(iii) FUNCTIONS.—The Commission shall regulations to be issued under this sub- employment guarantee in subparagraph (A) section. conduct a study that shall address— for the work days that have elapsed from the ‘‘(iii) EFFECT OF WORKERS’ COMPENSATION ‘‘(I) whether the employment of H–2A or first work day after the arrival of the worker unauthorized aliens in the United States ag- COVERAGE.—If the employer of any H–2A to the termination of employment. In such worker provides workers’ compensation cov- ricultural workforce has depressed United cases, the employer will make efforts to erage for such worker in the case of bodily States farm worker wages below the levels transfer the United States worker to other injury or death as provided by State law, the that would otherwise have prevailed if alien comparable employment acceptable to the following adjustments in the requirements of farm workers had not been employed in the worker. If such transfer is not effected, the subparagraph (B)(i)(III) relating to having an United States; employer shall provide the return transpor- insurance policy or liability bond apply: ‘‘(II) whether an adverse effect wage rate is tation required in paragraph (2)(D). ‘‘(I) No insurance policy or liability bond necessary to prevent wages of United States ‘‘(5) MOTOR VEHICLE SAFETY.— shall be required of the employer, if such farm workers in occupations in which H–2A ‘‘(A) MODE OF TRANSPORTATION SUBJECT TO workers are transported only under cir- workers are employed from falling below the COVERAGE.— cumstances for which there is coverage wage levels that would have prevailed in the ‘‘(i) IN GENERAL.—Except as provided in absence of the employment of H–2A workers clauses (iii) and (iv), this subsection applies under such State law. in those occupations; to any H–2A employer that uses or causes to ‘‘(II) An insurance policy or liability bond ‘‘(III) whether alternative wage standards, be used any vehicle to transport an H–2A shall be required of the employer for cir- such as a prevailing wage standard, would be worker within the United States. cumstances under which coverage for the transportation of such workers is not pro- sufficient to prevent wages in occupations in ‘‘(ii) DEFINED TERM.—In this paragraph, the which H–2A workers are employed from fall- term ‘uses or causes to be used’— vided under such State law. ing below the wage level that would have ‘‘(I) applies only to transportation pro- ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An prevailed in the absence of H–2A employ- vided by an H–2A employer to an H–2A work- employer shall assure that, except as other- ment; er, or by a farm labor contractor to an H–2A wise provided in this section, the employer ‘‘(IV) whether any changes are warranted worker at the request or direction of an H–2A will comply with all applicable Federal, in the current methodologies for calculating employer; and State, and local labor laws, including laws the adverse effect wage rate and the pre- ‘‘(II) does not apply to— affecting migrant and seasonal agricultural vailing wage rate; and ‘‘(aa) transportation provided, or transpor- workers, with respect to all United States ‘‘(V) recommendations for future wage pro- tation arrangements made, by an H–2A workers and alien workers employed by the tection under this section. worker, unless the employer specifically re- employer, except that a violation of this as- ‘‘(iv) FINAL REPORT.—Not later than June quested or arranged such transportation; or surance shall not constitute a violation of 1, 2007, the Commission shall submit a report ‘‘(bb) car pooling arrangements made by H– the Migrant and Seasonal Agricultural to the Congress setting forth the findings of 2A workers themselves, using 1 of the work- Worker Protection Act (29 U.S.C. 1801 et the study conducted under clause (iii). ers’ own vehicles, unless specifically re- seq.). ‘‘(v) TERMINATION DATE.—The Commission quested by the employer directly or through ‘‘(d) COPY OF JOB OFFER.—The employer shall terminate upon submitting its final re- a farm labor contractor. shall provide to the worker, not later than port. ‘‘(iii) CLARIFICATION.—Providing a job offer the day the work commences, a copy of the ‘‘(4) GUARANTEE OF EMPLOYMENT.— to an H–2A worker that causes the worker to employer’s application and job offer de- ‘‘(A) OFFER TO WORKER.—The employer travel to or from the place of employment, scribed in section 218(a), or, if the employer shall guarantee to offer the worker employ- or the payment or reimbursement of the will require the worker to enter into a sepa- ment for the hourly equivalent of at least transportation costs of an H–2A worker by rate employment contract covering the em- three-fourths of the work days of the total an H–2A employer, shall not constitute an ployment in question, such separate employ- period of employment, beginning with the arrangement of, or participation in, such ment contract. first work day after the arrival of the worker transportation. ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.— Nothing in this section, section 218, or sec- at the place of employment and ending on ‘‘(iv) AGRICULTURAL MACHINERY AND EQUIP- tion 218B shall preclude the Secretary of the expiration date specified in the job offer. MENT EXCLUDED.—This subsection does not For purposes of this subparagraph, the hour- apply to the transportation of an H–2A work- Labor and the Secretary from continuing to ly equivalent means the number of hours in er on a tractor, combine, harvester, picker, apply special procedures and requirements to the work days as stated in the job offer and or other similar machinery or equipment the admission and employment of aliens in shall exclude the worker’s Sabbath and Fed- while such worker is actually engaged in the occupations involving the range production eral holidays. If the employer affords the planting, cultivating, or harvesting of agri- of livestock. United States or H–2A worker less employ- cultural commodities or the care of live- ‘‘PROCEDURE FOR ADMISSION AND EXTENSION OF ment than that required under this para- stock or poultry or engaged in transpor- STAY OF H–2A WORKERS graph, the employer shall pay such worker tation incidental thereto. ‘‘SEC. 218B. (a) PETITIONING FOR ADMIS- the amount which the worker would have ‘‘(v) COMMON CARRIERS EXCLUDED.—This SION.—An employer, or an association acting earned had the worker, in fact, worked for subsection does not apply to common carrier as an agent or joint employer for its mem- the guaranteed number of hours. motor vehicle transportation in which the bers, that seeks the admission into the

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United States of an H–2A worker may file a ‘‘(e) ABANDONMENT OF EMPLOYMENT.— tion pursuant to subsection (a), shall request petition with the Secretary. The petition ‘‘(1) IN GENERAL.—An alien admitted or an extension of the alien’s stay and a change shall be accompanied by an accepted and provided status under section in the alien’s employment. currently valid certification provided by the 101(a)(15)(H)(ii)(a) who abandons the employ- ‘‘(2) LIMITATION ON FILING A PETITION FOR Secretary of Labor under section 218(e)(2)(B) ment which was the basis for such admission EXTENSION OF STAY.—A petition may not be covering the petitioner. or status shall be considered to have failed filed for an extension of an alien’s stay— ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC- to maintain nonimmigrant status as an H–2A ‘‘(A) for a period of more than 10 months; RETARY.—The Secretary shall establish a worker and shall depart the United States or or procedure for expedited adjudication of peti- be subject to removal under section ‘‘(B) to a date that is more than 3 years tions filed under subsection (a) and within 7 237(a)(1)(C)(i). after the date of the alien’s last admission to working days shall, by fax, cable, or other ‘‘(2) REPORT BY EMPLOYER.—The employer, the United States under this section. means assuring expedited delivery, transmit or association acting as agent for the em- ‘‘(3) WORK AUTHORIZATION UPON FILING A PE- a copy of notice of action on the petition to ployer, shall notify the Secretary not later TITION FOR EXTENSION OF STAY.— the petitioner and, in the case of approved than 7 days after an H–2A worker pre- ‘‘(A) IN GENERAL.—An alien who is lawfully petitions, to the appropriate immigration of- maturely abandons employment. present in the United States may commence ficer at the port of entry or United States ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec- the employment described in a petition consulate (as the case may be) where the pe- retary shall promptly remove from the under paragraph (1) on the date on which the titioner has indicated that the alien bene- United States any H–2A worker who violates petition is filed. ficiary (or beneficiaries) will apply for a visa any term or condition of the worker’s non- ‘‘(B) DEFINITION.—For purposes of subpara- or admission to the United States. immigrant status. ‘‘(c) CRITERIA FOR ADMISSIBILITY.— graph (A), the term ‘file’ means sending the ‘‘(4) VOLUNTARY TERMINATION.—Notwith- ‘‘(1) IN GENERAL.—An H–2A worker shall be petition by certified mail via the United standing paragraph (1), an alien may volun- States Postal Service, return receipt re- considered admissible to the United States if tarily terminate his or her employment if the alien is otherwise admissible under this quested, or delivered by guaranteed commer- the alien promptly departs the United States cial delivery which will provide the employer section, section 218, and section 218A, and upon termination of such employment. the alien is not ineligible under paragraph with a documented acknowledgment of the ‘‘(f) REPLACEMENT OF ALIEN.— date of receipt of the petition. (2). ‘‘(1) IN GENERAL.—Upon presentation of the ‘‘(2) DISQUALIFICATION.—An alien shall be ‘‘(C) HANDLING OF PETITION.—The employer notice to the Secretary required by sub- shall provide a copy of the employer’s peti- considered inadmissible to the United States section (e)(2), the Secretary of State shall tion to the alien, who shall keep the petition and ineligible for nonimmigrant status under promptly issue a visa to, and the Secretary with the alien’s identification and employ- section 101(a)(15)(H)(ii)(a) if the alien has, at shall admit into the United States, an eligi- ment eligibility document as evidence that any time during the past 5 years— ble alien designated by the employer to re- the petition has been filed and that the alien ‘‘(A) violated a material provision of this place an H–2A worker— is authorized to work in the United States. section, including the requirement to ‘‘(A) who abandons or prematurely termi- ‘‘(D) APPROVAL OF PETITION.—Upon ap- promptly depart the United States when the nates employment; or proval of a petition for an extension of stay alien’s authorized period of admission under ‘‘(B) whose employment is terminated or change in the alien’s authorized employ- this section has expired; or after a United States worker is employed ment, the Secretary shall provide a new or ‘‘(B) otherwise violated a term or condition pursuant to section 218(b)(2)(H)(iii), if the updated employment eligibility document to of admission into the United States as a non- United States worker voluntarily departs be- the alien indicating the new validity date, immigrant, including overstaying the period fore the end of the period of intended em- after which the alien is not required to re- of authorized admission as such a non- ployment or if the employment termination tain a copy of the petition. immigrant. is for a lawful job-related reason. ‘‘(4) LIMITATION ON EMPLOYMENT AUTHOR- ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW- ‘‘(2) CONSTRUCTION.—Nothing in this sub- IZATION OF ALIENS WITHOUT VALID IDENTIFICA- FUL PRESENCE.— section is intended to limit any preference TION AND EMPLOYMENT ELIGIBILITY DOCU- ‘‘(A) IN GENERAL.—An alien who has not required to be accorded United States work- MENT.—An expired identification and em- previously been admitted into the United ers under any other provision of this Act. ployment eligibility document, together States pursuant to this section, and who is ‘‘(g) IDENTIFICATION DOCUMENT.— with a copy of a petition for extension of otherwise eligible for admission in accord- ‘‘(1) IN GENERAL.—Each alien authorized to ance with paragraphs (1) and (2), shall not be be admitted under section 101(a)(15)(H)(ii)(a) stay or change in the alien’s authorized em- deemed inadmissible by virtue of section shall be provided an identification and em- ployment that complies with the require- 212(a)(9)(B). If an alien described in the pre- ployment eligibility document to verify eli- ments of paragraph (1), shall constitute a ceding sentence is present in the United gibility for employment in the United States valid work authorization document for a pe- States, the alien may apply from abroad for and verify such person’s proper identity. riod of not more than 60 days beginning on the date on which such petition is filed, after H–2A status, but may not be granted that ‘‘(2) REQUIREMENTS.—No identification and status in the United States. employment eligibility document may be which time only a currently valid identifica- ‘‘(B) MAINTENANCE OF WAIVER.—An alien issued which does not meet the following re- tion and employment eligibility document provided an initial waiver of ineligibility quirements: shall be acceptable. pursuant to subparagraph (A) shall remain ‘‘(A) The document shall be capable of reli- ‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN eligible for such waiver unless the alien vio- ably determining whether— STATUS.— lates the terms of this section or again be- ‘‘(i) the individual with the identification ‘‘(A) MAXIMUM PERIOD.—The maximum comes ineligible under section 212(a)(9)(B) by and employment eligibility document whose continuous period of authorized status as an virtue of unlawful presence in the United eligibility is being verified is in fact eligible H–2A worker (including any extensions) is 3 States after the date of the initial waiver of for employment; years. ineligibility pursuant to subparagraph (A). ‘‘(ii) the individual whose eligibility is ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE THE ‘‘(d) PERIOD OF ADMISSION.— being verified is claiming the identity of an- UNITED STATES.— ‘‘(1) IN GENERAL.—The alien shall be admit- other person; and ‘‘(i) IN GENERAL.—Subject to clause (ii), in ted for the period of employment in the ap- ‘‘(iii) the individual whose eligibility is the case of an alien outside the United plication certified by the Secretary of Labor being verified is authorized to be admitted States whose period of authorized status as pursuant to section 218(e)(2)(B), not to ex- into, and employed in, the United States as an H–2A worker (including any extensions) ceed 10 months, supplemented by a period of an H–2A worker. has expired, the alien may not again apply not more than 1 week before the beginning of ‘‘(B) The document shall be in a form that for admission to the United States as an H– the period of employment for the purpose of is resistant to counterfeiting and to tam- 2A worker unless the alien has remained out- travel to the work site and a period of 14 pering. side the United States for a continuous pe- 1 days following the period of employment for ‘‘(C) The document shall— riod equal to at least ⁄5 the duration of the the purpose of departure or extension based ‘‘(i) be compatible with other databases of alien’s previous period of authorized status on a subsequent offer of employment, except the Secretary for the purpose of excluding as an H–2A worker (including any exten- that— aliens from benefits for which they are not sions). ‘‘(A) the alien is not authorized to be em- eligible and determining whether the alien is ‘‘(ii) EXCEPTION.—Clause (i) shall not apply ployed during such 14-day period except in unlawfully present in the United States; and in the case of an alien if the alien’s period of the employment for which the alien was pre- ‘‘(ii) be compatible with law enforcement authorized status as an H–2A worker (includ- viously authorized; and databases to determine if the alien has been ing any extensions) was for a period of not ‘‘(B) the total period of employment, in- convicted of criminal offenses. more than 10 months and such alien has been cluding such 14-day period, may not exceed ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN outside the United States for at least 2 10 months. THE UNITED STATES.— months during the 12 months preceding the ‘‘(2) CONSTRUCTION.—Nothing in this sub- ‘‘(1) EXTENSION OF STAY.—If an employer date the alien again is applying for admis- section shall limit the authority of the Sec- seeks approval to employ an H–2A alien who sion to the United States as an H–2A worker. retary to extend the stay of the alien under is lawfully present in the United States, the ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED any other provision of this Act. petition filed by the employer or an associa- AS SHEEPHERDERS.—Notwithstanding any

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.077 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3585 provision of the Agricultural Job Oppor- ‘‘(i) the Secretary of Labor shall notify the ‘‘(5) The guarantee of employment required tunity, Benefits, and Security Act of 2005, Secretary of such finding and may, in addi- under section 218A(b)(4). aliens admitted under section tion, impose such other administrative rem- ‘‘(6) The motor vehicle safety requirements 101(a)(15)(H)(ii)(a) for employment as sheep- edies (including civil money penalties in an under section 218A(b)(5). herders— amount not to exceed $5,000 per violation) as ‘‘(7) The prohibition of discrimination ‘‘(1) may be admitted for a period of 12 the Secretary of Labor determines to be ap- under subsection (d)(2). months; propriate; ‘‘(c) PRIVATE RIGHT OF ACTION.— ‘‘(2) may be extended for a continuous pe- ‘‘(ii) the Secretary of Labor may seek ap- ‘‘(1) MEDIATION.—Upon the filing of a com- riod of up to 3 years; and propriate legal or equitable relief to effec- plaint by an H–2A worker aggrieved by a vio- ‘‘(3) shall not be subject to the require- tuate the purposes of subsection (d)(1); and lation of rights enforceable under subsection ments of subsection (h)(5) relating to periods ‘‘(iii) the Secretary may disqualify the em- (b), and within 60 days of the filing of proof of absence from the United States. ployer from the employment of H–2A work- of service of the complaint, a party to the ‘‘WORKER PROTECTIONS AND LABOR STANDARDS ers for a period of 2 years. action may file a request with the Federal ENFORCEMENT ‘‘(E) DISPLACEMENT OF UNITED STATES Mediation and Conciliation Service to assist WORKERS.—If the Secretary of Labor finds, ‘‘SEC. 218C. (a) ENFORCEMENT AUTHORITY.— the parties in reaching a satisfactory resolu- after notice and opportunity for hearing, a ‘‘(1) INVESTIGATION OF COMPLAINTS.— tion of all issues involving all parties to the willful failure to meet a condition of section ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY dispute. Upon a filing of such request and 218(b) or a willful misrepresentation of a ma- COMPLAINTS.—The Secretary of Labor shall giving of notice to the parties, the parties terial fact in an application under section establish a process for the receipt, investiga- shall attempt mediation within the period 218(a), in the course of which failure or mis- tion, and disposition of complaints respect- specified in subparagraph (B). representation the employer displaced a ing a petitioner’s failure to meet a condition ‘‘(A) MEDIATION SERVICES.—The Federal United States worker employed by the em- specified in section 218(b), or an employer’s Mediation and Conciliation Service shall be ployer during the period of employment on misrepresentation of material facts in an ap- available to assist in resolving disputes aris- the employer’s application under section plication under section 218(a). Complaints ing under subsection (b) between H–2A work- 218(a) or during the period of 30 days pre- may be filed by any aggrieved person or or- ers and agricultural employers without ceding such period of employment— ganization (including bargaining representa- ‘‘(i) the Secretary of Labor shall notify the charge to the parties. tives). No investigation or hearing shall be Secretary of such finding and may, in addi- ‘‘(B) 90-DAY LIMIT.—The Federal Mediation conducted on a complaint concerning such a tion, impose such other administrative rem- and Conciliation Service may conduct medi- failure or misrepresentation unless the com- edies (including civil money penalties in an ation or other non-binding dispute resolution plaint was filed not later than 12 months amount not to exceed $15,000 per violation) activities for a period not to exceed 90 days after the date of the failure, or misrepresen- as the Secretary of Labor determines to be beginning on the date on which the Federal tation, respectively. The Secretary of Labor appropriate; and Mediation and Conciliation Service receives shall conduct an investigation under this ‘‘(ii) the Secretary may disqualify the em- the request for assistance unless the parties subparagraph if there is reasonable cause to ployer from the employment of H–2A work- agree to an extension of this period of time. believe that such a failure or misrepresenta- ers for a period of 3 years. ‘‘(C) AUTHORIZATION.— tion has occurred. ‘‘(F) LIMITATIONS ON CIVIL MONEY PEN- ‘‘(i) IN GENERAL.—Subject to clause (ii), ‘‘(B) DETERMINATION ON COMPLAINT.—Under ALTIES.—The Secretary of Labor shall not there are authorized to be appropriated to such process, the Secretary of Labor shall impose total civil money penalties with re- the Federal Mediation and Conciliation provide, within 30 days after the date such a spect to an application under section 218(a) Service $500,000 for each fiscal year to carry complaint is filed, for a determination as to in excess of $90,000. out this section. whether or not a reasonable basis exists to ‘‘(G) FAILURES TO PAY WAGES OR REQUIRED ‘‘(ii) MEDIATION.—Notwithstanding any make a finding described in subparagraph BENEFITS.—If the Secretary of Labor finds, other provision of law, the Director of the (C), (D), (E), or (H). If the Secretary of Labor after notice and opportunity for a hearing, Federal Mediation and Conciliation Service determines that such a reasonable basis ex- that the employer has failed to pay the is authorized to conduct the mediation or ists, the Secretary of Labor shall provide for wages, or provide the housing allowance, other dispute resolution activities from any notice of such determination to the inter- transportation, subsistence reimbursement, other appropriated funds available to the Di- ested parties and an opportunity for a hear- or guarantee of employment, required under rector and to reimburse such appropriated ing on the complaint, in accordance with section 218A(b), the Secretary of Labor shall funds when the funds are appropriated pursu- section 556 of title 5, United States Code, assess payment of back wages, or other re- ant to this authorization, such reimburse- within 60 days after the date of the deter- quired benefits, due any United States work- ment to be credited to appropriations cur- mination. If such a hearing is requested, the er or H–2A worker employed by the employer rently available at the time of receipt. Secretary of Labor shall make a finding con- in the specific employment in question. The ‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS- cerning the matter not later than 60 days back wages or other required benefits under TRICT COURT BY AGGRIEVED PERSON.—An H–2A after the date of the hearing. In the case of section 218A(b) shall be equal to the dif- worker aggrieved by a violation of rights en- similar complaints respecting the same ap- ference between the amount that should forceable under subsection (b) by an agricul- plicant, the Secretary of Labor may consoli- have been paid and the amount that actually tural employer or other person may file suit date the hearings under this subparagraph was paid to such worker. in any district court of the United States on such complaints. ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in having jurisdiction of the parties, without ‘‘(C) FAILURES TO MEET CONDITIONS.—If the this section shall be construed as limiting regard to the amount in controversy, with- Secretary of Labor finds, after notice and op- the authority of the Secretary of Labor to out regard to the citizenship of the parties, portunity for a hearing, a failure to meet a conduct any compliance investigation under and without regard to the exhaustion of any condition of paragraph (1)(A), (1)(B), (1)(D), any other labor law, including any law af- alternative administrative remedies under (1)(F), (2)(A), (2)(B), or (2)(G) of section fecting migrant and seasonal agricultural this Act, not later than 3 years after the date 218(b), a substantial failure to meet a condi- workers, or, in the absence of a complaint the violation occurs. tion of paragraph (1)(C), (1)(E), (2)(C), (2)(D), under this section, under section 218 or 218A. ‘‘(3) ELECTION.—An H–2A worker who has (2)(E), or (2)(H) of section 218(b), or a mate- ‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE filed an administrative complaint with the rial misrepresentation of fact in an applica- RIGHT OF ACTION.—H–2A workers may en- Secretary of Labor may not maintain a civil tion under section 218(a)— force the following rights through the pri- action under paragraph (2) unless a com- ‘‘(i) the Secretary of Labor shall notify the vate right of action provided in subsection plaint based on the same violation filed with Secretary of such finding and may, in addi- (c), and no other right of action shall exist the Secretary of Labor under subsection tion, impose such other administrative rem- under Federal or State law to enforce such (a)(1) is withdrawn before the filing of such edies (including civil money penalties in an rights: action, in which case the rights and remedies amount not to exceed $1,000 per violation) as ‘‘(1) The providing of housing or a housing available under this subsection shall be ex- the Secretary of Labor determines to be ap- allowance as required under section clusive. propriate; and 218A(b)(1). ‘‘(4) PREEMPTION OF STATE CONTRACT ‘‘(ii) the Secretary may disqualify the em- ‘‘(2) The reimbursement of transportation RIGHTS.—Nothing in this Act shall be con- ployer from the employment of aliens de- as required under section 218A(b)(2). strued to diminish the rights and remedies of scribed in section 101(a)(15)(H)(ii)(a) for a pe- ‘‘(3) The payment of wages required under an H–2A worker under any other Federal or riod of 1 year. section 218A(b)(3) when due. State law or regulation or under any collec- ‘‘(D) WILLFUL FAILURES AND WILLFUL MIS- ‘‘(4) The benefits and material terms and tive bargaining agreement, except that no REPRESENTATIONS.—If the Secretary of Labor conditions of employment expressly provided court or administrative action shall be avail- finds, after notice and opportunity for hear- in the job offer described in section 218(a)(2), able under any State contract law to enforce ing, a willful failure to meet a condition of not including the assurance to comply with the rights created by this Act. section 218(b), a willful misrepresentation of other Federal, State, and local labor laws de- ‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree- a material fact in an application under sec- scribed in section 218A(c), compliance with ments by employees purporting to waive or tion 218(a), or a violation of subsection which shall be governed by the provisions of modify their rights under this Act shall be (d)(1)— such laws. void as contrary to public policy, except that

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.077 S13PT1 S3586 CONGRESSIONAL RECORD — SENATE April 13, 2005 a waiver or modification of the rights or ob- any other person, that the employee reason- terms and conditions of work for agricul- ligations in favor of the Secretary of Labor ably believes evidences a violation of section tural employees. Such term does not include shall be valid for purposes of the enforce- 218 or 218A or any rule or regulation per- an organization formed, created, adminis- ment of this Act. The preceding sentence taining to section 218 or 218A, or because the tered, supported, dominated, financed, or may not be construed to prohibit agreements employee cooperates or seeks to cooperate in controlled by an employer or employer asso- to settle private disputes or litigation. an investigation or other proceeding con- ciation or its agents or representatives. ‘‘(6) AWARD OF DAMAGES OR OTHER EQUI- cerning the employer’s compliance with the ‘‘(3) DISPLACE.—The term ‘displace’, in the TABLE RELIEF.— requirements of section 218 or 218A or any case of an application with respect to 1 or ‘‘(A) If the court finds that the respondent rule or regulation pertaining to either of more H–2A workers by an employer, means has intentionally violated any of the rights such sections. laying off a United States worker from a job enforceable under subsection (b), it shall ‘‘(2) DISCRIMINATION AGAINST H–2A WORK- for which the H–2A worker or workers is or award actual damages, if any, or equitable ERS.—It is a violation of this subsection for are sought. relief. any person who has filed an application ‘‘(4) ELIGIBLE.—The term ‘eligible’, when ‘‘(B) Any civil action brought under this under section 218(a), to intimidate, threaten, used with respect to an individual, means an section shall be subject to appeal as provided restrain, coerce, blacklist, discharge, or in individual who is not an unauthorized alien in chapter 83 of title 28, United States Code. any manner discriminate against an H–2A (as defined in section 274A(h)(3)). ‘‘(7) WORKERS’ COMPENSATION BENEFITS; EX- employee because such worker has, with just ‘‘(5) EMPLOYER.—The term ‘employer’ CLUSIVE REMEDY.— cause, filed a complaint with the Secretary means any person or entity, including any ‘‘(A) Notwithstanding any other provision of Labor regarding a denial of the rights enu- farm labor contractor and any agricultural of this section, where a State’s workers’ merated and enforceable under subsection (b) association, that employs workers in agri- compensation law is applicable and coverage or instituted, or caused to be instituted, a cultural employment. is provided for an H–2A worker, the workers’ private right of action under subsection (c) ‘‘(6) H–2A EMPLOYER.—The term ‘H–2A em- compensation benefits shall be the exclusive regarding the denial of the rights enumer- ployer’ means an employer who seeks to hire remedy for the loss of such worker under ated under subsection (b), or has testified or 1 or more nonimmigrant aliens described in this section in the case of bodily injury or is about to testify in any court proceeding section 101(a)(15)(H)(ii)(a). death in accordance with such State’s work- brought under subsection (c). ‘‘(7) H–2A WORKER.—The term ‘H–2A work- ers’ compensation law. ‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO- er’ means a nonimmigrant described in sec- ‘‘(B) The exclusive remedy prescribed in PRIATE EMPLOYMENT.—The Secretary of tion 101(a)(15)(H)(ii)(a). subparagraph (A) precludes the recovery Labor and the Secretary shall establish a ‘‘(8) JOB OPPORTUNITY.—The term ‘job op- under paragraph (6) of actual damages for process under which an H–2A worker who portunity’ means a job opening for tem- loss from an injury or death but does not files a complaint regarding a violation of porary full-time employment at a place in preclude other equitable relief, except that subsection (d) and is otherwise eligible to re- the United States to which United States such relief shall not include back or front main and work in the United States may be workers can be referred. pay or in any manner, directly or indirectly, allowed to seek other appropriate employ- ‘‘(9) LAYS OFF.— expand or otherwise alter or affect— ment in the United States for a period not to ‘‘(A) IN GENERAL.—The term ‘lays off’, with ‘‘(i) a recovery under a State workers’ exceed the maximum period of stay author- respect to a worker— compensation law; or ized for such nonimmigrant classification. ‘‘(i) means to cause the worker’s loss of ‘‘(ii) rights conferred under a State work- ‘‘(f) ROLE OF ASSOCIATIONS.— employment, other than through a discharge ers’ compensation law. ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA- for inadequate performance, violation of OLLING OF STATUTE OF LIMITATIONS ‘‘(8) T .— TION.—An employer on whose behalf an ap- workplace rules, cause, voluntary departure, If it is determined under a State workers’ plication is filed by an association acting as voluntary retirement, contract impossibility compensation law that the workers’ com- its agent is fully responsible for such appli- (as described in section 218A(b)(4)(D)), or pensation law is not applicable to a claim for cation, and for complying with the terms temporary layoffs due to weather, markets, bodily injury or death of an H–2A worker, and conditions of sections 218 and 218A, as or other temporary conditions; but the statute of limitations for bringing an ac- though the employer had filed the applica- ‘‘(ii) does not include any situation in tion for actual damages for such injury or tion itself. If such an employer is deter- which the worker is offered, as an alter- death under subsection (c) shall be tolled for native to such loss of employment, a similar mined, under this section, to have com- the period during which the claim for such employment opportunity with the same em- mitted a violation, the penalty for such vio- injury or death under such State workers’ ployer (or, in the case of a placement of a lation shall apply only to that member of compensation law was pending. The statute worker with another employer under section the association unless the Secretary of of limitations for an action for actual dam- 218(b)(2)(E), with either employer described Labor determines that the association or ages or other equitable relief arising out of in such section) at equivalent or higher com- other member participated in, had knowl- the same transaction or occurrence as the pensation and benefits than the position edge, or reason to know, of the violation, in injury or death of the H–2A worker shall be from which the employee was discharged, re- which case the penalty shall be invoked tolled for the period during which the claim gardless of whether or not the employee ac- against the association or other association for such injury or death was pending under cepts the offer. member as well. the State workers’ compensation law. ‘‘(B) STATUTORY CONSTRUCTION.—Nothing ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING ‘‘(9) PRECLUSIVE EFFECT.—Any settlement in this paragraph is intended to limit an em- AS AN EMPLOYER.—If an association filing an by an H–2A worker and H–2A employer ployee’s rights under a collective bargaining application as a sole or joint employer is de- reached through the mediation process re- agreement or other employment contract. termined to have committed a violation quired under subsection (c)(1) shall preclude ‘‘(10) REGULATORY DROUGHT.—The term under this section, the penalty for such vio- any right of action arising out of the same ‘regulatory drought’ means a decision subse- lation shall apply only to the association un- facts between the parties in any Federal or quent to the filing of the application under less the Secretary of Labor determines that State court or administrative proceeding, section 218 by an entity not under the con- an association member or members partici- unless specifically provided otherwise in the trol of the employer making such filing pated in or had knowledge, or reason to settlement agreement. which restricts the employer’s access to know of the violation, in which case the pen- ‘‘(10) SETTLEMENTS.—Any settlement by water for irrigation purposes and reduces or alty shall be invoked against the association the Secretary of Labor with an H–2A em- limits the employer’s ability to produce an member or members as well. ployer on behalf of an H–2A worker of a com- agricultural commodity, thereby reducing plaint filed with the Secretary of Labor ‘‘DEFINITIONS the need for labor. under this section or any finding by the Sec- ‘‘SEC. 218D. For purposes of sections 218 ‘‘(11) SEASONAL.—Labor is performed on a retary of Labor under subsection (a)(1)(B) through 218D: ‘seasonal’ basis if— shall preclude any right of action arising out ‘‘(1) AGRICULTURAL EMPLOYMENT.—The ‘‘(A) ordinarily, it pertains to or is of the of the same facts between the parties under term ‘agricultural employment’ means any kind exclusively performed at certain sea- any Federal or State court or administrative service or activity that is considered to be sons or periods of the year; and proceeding, unless specifically provided oth- agricultural under section 3(f) of the Fair ‘‘(B) from its nature, it may not be contin- erwise in the settlement agreement. Labor Standards Act of 1938 (29 U.S.C. 203(f)) uous or carried on throughout the year. ‘‘(d) DISCRIMINATION PROHIBITED.— or agricultural labor under section 3121(g) of ‘‘(12) SECRETARY.—The term ‘Secretary’ ‘‘(1) IN GENERAL.—It is a violation of this the Internal Revenue Code of 1986 (26 U.S.C. means the Secretary of Homeland Security. subsection for any person who has filed an 3121(g)). For purposes of this paragraph, agri- ‘‘(13) TEMPORARY.—A worker is employed application under section 218(a), to intimi- cultural employment includes employment on a ‘temporary’ basis where the employ- date, threaten, restrain, coerce, blacklist, under section 101(a)(15)(H)(ii)(a). ment is intended not to exceed 10 months. discharge, or in any other manner discrimi- ‘‘(2) BONA FIDE UNION.—The term ‘bona fide ‘‘(14) UNITED STATES WORKER.—The term nate against an employee (which term, for union’ means any organization in which em- ‘United States worker’ means any worker, purposes of this subsection, includes a ployees participate and which exists for the whether a United States citizen or national, former employee and an applicant for em- purpose of dealing with employers con- a lawfully admitted permanent resident ployment) because the employee has dis- cerning grievances, labor disputes, wages, alien, or any other alien, who is authorized closed information to the employer, or to rates of pay, hours of employment, or other to work in the job opportunity within the

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.077 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3587 United States, except an alien admitted or (d) DEADLINE FOR ISSUANCE OF REGULA- standards, to prevent terrorists from otherwise provided status under section TIONS.—All regulations to implement the du- abusing the asylum laws of the United 101(a)(15)(H)(ii)(a).’’. ties of the Secretary, the Secretary of State, States, to unify terrorism-related (b) TABLE OF CONTENTS.—The table of con- and the Secretary of Labor created under grounds for inadmissibility and re- tents of the Immigration and Nationality sections 218, 218A, 218B, and 218C of the Im- Act (8 U.S.C. 1101 et seq.) is amended by migration and Nationality Act, as added by moval, to ensure expeditious construc- striking the item relating to section 218 and section 721 of this Act, shall take effect on tion of the San Diego border fence, and inserting the following: the effective date of section 721 and shall be for other purposes; which was ordered ‘‘Sec. 218. H–2A employer applications. issued not later than 1 year after the date of to lie on the table; as follows: ‘‘Sec. 218A. H–2A employment requirements. enactment of this Act. On page 204, between lines 4 and 5, insert ‘‘Sec. 218B. Procedure for admission and ex- SEC. 733. RELIGIOUS ORGANIZATIONS. the following: tension of stay of H–2A work- Section 274(a)(1) of the Immigration and CHAPTER 5 ers. Nationality Act (8 U.S.C. 1324(a)(1)) is DEPARTMENT OF COMMERCE ‘‘Sec. 218C. Worker protections and labor amended by adding at the end the following: standards enforcement. ‘‘(C) It is not a violation of clauses (ii), NATIONAL OCEANIC AND ATMOSPHERIC ‘‘Sec. 218D. Definitions.’’. (iii), or (iv) of subparagraph (A) for a reli- ADMINISTRATION Subtitle C—Miscellaneous Provisions gious denomination described in section OPERATIONS, RESEARCH, AND FACILITIES SEC. 731. DETERMINATION AND USE OF USER 101(a)(27)(C)(i) or an affiliated religious orga- For an additional amount for ‘‘Operations, FEES. nization described in section Research and Facilities’’, $3,000,000, to re- (a) SCHEDULE OF FEES.—The Secretary 101(a)(27)(C)(ii)(III), or their agents or offi- main available until expended, for the Na- shall establish and periodically adjust a cers, to encourage, invite, call, allow, or en- tional Marine Fisheries Service to establish schedule of fees for the employment of aliens able an alien who is present in the United under this title and the amendments made a cooperative research program to study the States in violation of law to carry on the vo- causes of lobster disease and the decline in by this title, and a collection process for cation described in section 101(a)(27)(C)(ii)(I), such fees from employers participating in the lobster fishery in New England waters: as a volunteer who is not compensated as an Provided, That the amount provided under the program provided under this Act. Such employee, notwithstanding the provision of fees shall be the only fees chargeable to em- this heading is designated as an emergency room, board, travel, and other basic living requirement pursuant to section 402 of the ployers for services provided under this Act. expenses.’’. (b) DETERMINATION OF SCHEDULE.— conference report to accompany S. Con. Res. SEC. 734. EFFECTIVE DATE. (1) IN GENERAL.—The schedule under sub- 95 (108th Congress). section (a) shall reflect a fee rate based on (a) IN GENERAL.—Except as otherwise pro- the number of job opportunities indicated in vided, sections 721 and 731 shall take effect 1 SA 378. Mr. SCHUMER submitted an the employer’s application under section 218 year after the date of enactment of this Act. amendment intended to be proposed by (b) REPORT.—Not later than 180 days after of the Immigration and Nationality Act, as the him to the bill H.R. 1268, Making the date of enactment of this Act, the Sec- added by section 721 of this Act, and suffi- retary shall prepare and submit to the appro- emergency supplemental appropria- cient to provide for the direct costs of pro- priate committees of Congress a report that tions for the fiscal year ending Sep- viding services related to an employer’s au- describes the measures being taken and the tember 30, 2005, to establish and rapidly thorization to employ eligible aliens pursu- progress made in implementing this title. implement regulations for State driv- ant to this Act, to include the certification er’s license and identification docu- of eligible employers, the issuance of docu- SA 376. Mr. WYDEN (for himself, Mr. mentation, and the admission of eligible ment security standards, to prevent aliens. SMITH, and Mrs. MURRAY) submitted an terrorists from abusing the asylum (2) PROCEDURE.— amendment intended to be proposed by laws of the United States, to unify ter- (A) IN GENERAL.—In establishing and ad- him to the bill H.R. 1268, Making emer- rorism-related grounds for inadmis- justing such a schedule, the Secretary shall gency supplemental appropriations for sibility and removal, to ensure expedi- comply with Federal cost accounting and fee the fiscal year ending September 30, tious construction of the San Diego setting standards. 2005, to establish and rapidly imple- border fence, and for other purposes; (B) PUBLICATION AND COMMENT.—The Sec- ment regulations for State driver’s li- which was ordered to lie on the table; retary shall publish in the Federal Register cense and identification document se- an initial fee schedule and associated collec- as follows: tion process and the cost data or estimates curity standards, to prevent terrorists On page 231, between lines 3 and 4, insert upon which such fee schedule is based, and from abusing the asylum laws of the the following: any subsequent amendments thereto, pursu- United States, to unify terrorism-re- TITLE VII—MONTSERRAT IMMIGRATION ant to which public comment shall be sought lated grounds for inadmissibility and FAIRNESS ACT and a final rule issued. removal, to ensure expeditious con- SEC. 701. SHORT TITLE. (c) USE OF PROCEEDS.—Notwithstanding struction of the San Diego border This title may be cited as the ‘‘Montserrat any other provision of law, all proceeds re- fence, and for other purposes; which sulting from the payment of the alien em- Immigration Fairness Act’’. ployment user fees shall be available with- was ordered to lie on the table; as fol- SEC. 702. ADJUSTMENT OF STATUS FOR CERTAIN out further appropriation and shall remain lows: NATIONALS OF MONTSERRAT. available without fiscal year limitation to At the appropriate place, insert the fol- (a) IN GENERAL.—The status of any alien reimburse the Secretary, the Secretary of lowing: described in subsection (c) shall be adjusted State, and the Secretary of Labor for the DEPARTMENT OF DEFENSE—CIVIL by the Secretary of Homeland Security to costs of carrying out sections 218 and 218B of that of an alien lawfully admitted for perma- DEPARTMENT OF THE ARMY the Immigration and Nationality Act, as nent residence, if the alien— added by section 721 of this Act, and the pro- OPERATIONS AND MAINTENANCE, GENERAL (1) applies for such adjustment within 1 visions of this Act. For an additional amount for the Sec- year after the date of enactment of this Act; SEC. 732. REGULATIONS. retary of the Army, acting through the Chief and (a) REGULATIONS OF THE SECRETARY.—The of Engineers, for emergency repair of the (2) is determined to be admissible to the Secretary shall consult with the Secretary of Fern Ridge Dam, Oregon, $24,000,000, to re- United States for permanent residence. Labor and the Secretary of Agriculture on main available until expended: Provided, (b) CERTAIN GROUNDS FOR EXCLUSION INAP- all regulations to implement the duties of That the amounts provided under this head- PLICABLE.—For purposes of determining ad- the Secretary under this title and the ing are designated as an emergency require- missibility under subsection (a)(2), the amendments made by this title. ment pursuant to section 402 of the con- grounds for inadmissibility specified in para- (b) REGULATIONS OF THE SECRETARY OF ference report to accompany S. Con. Res. 95 graphs (4), (5), (6)(A), and 7(A) of section STATE.—The Secretary of State shall consult (108th Congress). 212(a) of the Immigration and Nationality with the Secretary, the Secretary of Labor, Act (8 U.S.C. 1182(a)) shall not apply. and the Secretary of Agriculture on all regu- SA 377. Mr. REED (for himself, Ms. (c) ALIENS ELIGIBLE FOR ADJUSTMENT OF lations to implement the duties of the Sec- SNOWE, Mr. KENNEDY, Mr. CHAFEE, and STATUS.—An alien shall be eligible for ad- retary of State under this title and the Mr. KERRY) submitted an amendment justment of status under subsection (a) only amendments made by this title. intended to be proposed by him to the if the alien— (c) REGULATIONS OF THE SECRETARY OF bill H.R. 1268, Making emergency sup- (1) is a national of Montserrat; and LABOR.—The Secretary of Labor shall con- plemental appropriations for the fiscal (2) was granted temporary protected status sult with the Secretary of Agriculture and in the United States by the Secretary of the Secretary on all regulations to imple- year ending September 30, 2005, to es- Homeland Security pursuant to the designa- ment the duties of the Secretary of Labor tablish and rapidly implement regula- tion of Montserrat under section 244(b)(1) of under this title and the amendments made tions for State driver’s license and the Immigration and Nationality Act (8 by this title. identification document security U.S.C. 1254a(b)(1)) on August 28, 1997.

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.077 S13PT1 S3588 CONGRESSIONAL RECORD — SENATE April 13, 2005 SEC. 703. EFFECT OF APPLICATION ON CERTAIN from abusing the asylum laws of the abusing the asylum laws of the United ORDERS. United States to unify terrorism-re- States, to unify terrorism-related An alien present in the United States who grounds for inadmissibility and re- has been ordered excluded, deported, or re- lated grounds for inadmissibility and moved, or ordered to depart voluntarily, removal, to ensure expeditious con- moval, to ensure expeditious construc- from the United States through an order of struction of the San Diego border tion of the San Diego border fence, and removal issued under the Immigration and fence, and for other purposes; which for other purposes; which was ordered Nationality Act (8 U.S.C. 1101 et seq.) may, was ordered to lie on the table; as fol- to lie on the table; as follows: notwithstanding such order of removal, lows: On page 231, between lines 3 and 4, insert apply for adjustment of status under section On page 231, between lines 3 and 4, insert the following: 702. Such an alien shall not be required to the following new section: TITLE VII—TEMPORARY AGRICULTURAL file a separate motion to reopen, reconsider, VISAS FOR NURSES WORKERS or vacate the order of removal. If the Sec- SEC. 701. SHORT TITLE. retary of Homeland Security approves the SEC. 6047. Section 106(d) of the American Competitiveness in the Twenty-first Century This title may be cited as the ‘‘Temporary application, the Secretary shall cancel the Agricultural Work Reform Act of 2005’’. order of removal. If the Secretary renders a Act of 2000 (Public Law 106–313; 8 U.S.C. 1153 Subtitle A—Temporary H–2A Workers final administrative decision to deny the ap- note) is amended— plication, the order of removal shall be effec- (1) in paragraph (1), by inserting before the SEC. 711. ADMISSION OF TEMPORARY H–2A WORKERS. tive and enforceable to the same extent as if period at the end of the second sentence Section 218 of the Immigration and Nation- the application had not been made. ‘‘and any such visa that is made available due to the difference between the number of ality Act (8 U.S.C. 1188) is amended to read SEC. 704. WORK AUTHORIZATION. as follows: The Secretary of Homeland Security shall employment-based visas that were made ‘‘ADMISSION OF TEMPORARY H–2A WORKERS authorize an alien who has applied for ad- available in fiscal year 2001, 2002, 2003, or 2004 justment of status under section 702 to en- and the number of such visas that were actu- ‘‘SEC. 218. (a) APPLICATION.—An alien may gage in employment in the United States ally used in such fiscal year shall be avail- not be admitted as an H–2A worker unless the employer has filed with the Secretary of during the pendency of such application and able only to employment-based immigrants, Homeland Security a petition attesting to shall provide the alien with an appropriate and the dependents of such immigrants, the following: document signifying authorization of em- whose schedule A petition, as defined in sec- ‘‘(1) TEMPORARY OR SEASONAL WORK OR ployment. tion 656.5 of title 20, Code of Federal Regula- tions, was approved by the Secretary of SERVICES.— SEC. 705. ADJUSTMENT OF STATUS FOR CERTAIN ‘‘(A) IN GENERAL.—The agricultural em- FAMILY MEMBERS. Labor’’; and (2) in paragraph (2)(A), by striking ‘‘and ployment for which the H–2A worker or (a) IN GENERAL.—The status of an alien 2000’’ and inserting ‘‘through 2004’’. workers is or are sought is temporary or sea- shall be adjusted by the Secretary of Home- sonal, the number of workers sought, and the land Security to that of an alien lawfully ad- Mr. KOHL (for himself, Mr. wage rate and conditions under which they mitted for permanent residence if the alien— SA 380. DEWINE, Mr. DURBIN, Mr. LEAHY, Ms. will be employed. (1) is the spouse, parent, or unmarried son ‘‘(B) TEMPORARY OR SEASONAL WORK.—For MIKULSKI, Mr. INOUYE, Ms. LANDRIEU, or daughter of an alien whose status is ad- purposes of subparagraph (A), a worker is justed under section 702; Mrs. MURRAY, Mr. DORGAN, Mr. COLE- employed on a ‘temporary’ or ‘seasonal’ (2) applies for adjustment under this sec- MAN, Mr. OBAMA, and Mr. CORZINE) sub- basis if the employment is intended not to tion within 2 years after the date of enact- mitted an amendment intended to be exceed 10 months. ment of this Act; and proposed by him to the bill H.R. 1268, ‘‘(2) BENEFITS, WAGE, AND WORKING CONDI- (3) is determined to be admissible to the Making emergency supplemental ap- TIONS.—The employer will provide, at a min- United States for permanent residence. propriations for the fiscal year ending imum, the benefits, wages, and working con- (b) CERTAIN GROUNDS FOR EXCLUSION INAP- ditions required by subsection (m) to all PLICABLE.—For purposes of determining ad- September 30, 2005, to establish and rapidly implement regulations for workers employed in the jobs for which the missibility under subsection (a)(3), the H–2A worker or workers is or are sought and grounds for inadmissibility specified in para- State driver’s license and identifica- to all other temporary workers in the same graphs (4), (5), (6)(A), and 7(A) of section tion document security standards, to occupation at the place of employment. 212(a) of the Immigration and Nationality prevent terrorists from abusing the ‘‘(3) NONDISPLACEMENT OF UNITED STATES Act (8 U.S.C. 1182(a)) shall not apply. asylum laws of the United States, to WORKERS.—The employer did not displace SEC. 706. AVAILABILITY OF REVIEW. unify terrorism-related grounds for in- and will not displace a United States worker (a) ADMINISTRATIVE REVIEW.—The Sec- admissibility and removal, to ensure employed by the employer during the period retary of Homeland Security shall provide to expeditious construction of the San of employment and during a period of 30 days aliens applying for adjustment of status Diego border fence, and for other pur- preceding the period of employment in the under section 702 or 705 the same right to, occupation at the place of employment for and procedures for, administrative review as poses; which was ordered to lie on the which the employer seeks approval to em- are provided to— table; as follows: ploy H–2A workers. (1) applicants for adjustment of status On page 171, line 2 strike ‘‘$150,000,000’’ and ‘‘(4) RECRUITMENT.— under section 245 of the Immigration and Na- all through line 6 and insert in lieu thereof ‘‘(A) IN GENERAL.—The employer shall at- tionality Act (8 U.S.C. 1255); or the following: test that the employer— (2) aliens subject to removal proceedings ‘‘$470,000,000 to remain available until ex- ‘‘(i) conducted adequate recruitment in the under section 240 of such Act (8 U.S.C. 1229a). pended: Provided, That from this amount, to metropolitan statistical area of intended em- (b) LIMITATION ON JUDICIAL REVIEW.—A de- the maximum extent possible, funding shall ployment before filing the attestation; and termination by the Secretary of Homeland be restored to the previously approved fiscal ‘‘(ii) was unsuccessful in locating qualified Security as to whether the status of any year 2005 programs under section 204(a)(2) of United States workers for the job oppor- alien should be adjusted under this title is the Agricultural Trade Development and As- tunity for which the certification is sought. final and shall not be subject to review by sistance Act of 1954: Provided further, That of ‘‘(B) RECRUITMENT.—The adequate recruit- any court. the funds provided under this heading, ment requirement under subparagraph (A) is SEC. 707. NO OFFSET IN NUMBER OF VISAS $12,000,000 shall be available to carry out pro- satisfied if the employer— AVAILABLE. grams under the Food for Progress Act of ‘‘(i) places a job order with America’s Job The granting of adjustment of status under 1985: Provided further, That the amount pro- Bank Program of the Department of Labor; section 702 shall not reduce the number of vided under this heading is designated as an and immigrant visas authorized to be issued emergency requirement pursuant to section ‘‘(ii) places a Sunday advertisement in a under any provision of the Immigration and 402 of the conference report to accompany S. newspaper of general circulation or an adver- Nationality Act (8 U.S.C. 1101 et seq.). Con. Res. 95 (108th Congress).’’. tisement in an appropriate trade journal or ethnic publication that is likely to be pa- SA 379. Mrs. HUTCHISON (for herself SA 381. Mr. CHAMBLISS (for himself tronized by a potential worker in the area of and Mr. SCHUMER) submitted an and Mr. KYL) submitted an amendment intended employment. amendment intended to be proposed by intended to be proposed by him to the ‘‘(C) ADVERTISEMENT CRITERIA.—The adver- her to the bill H.R. 1268, Making emer- bill H.R. 1268, Making emergency sup- tisement requirement under subparagraph gency supplemental appropriations for plemental appropriations for the fiscal (B)(ii) is satisfied if the advertisement— the fiscal year ending September 30, year ending September 30, 2005, to es- ‘‘(i) names the employer; ‘‘(ii) directs applicants to report or send re- 2005, to establish and rapidly imple- tablish and rapidly implement regula- sumes, as appropriate for the occupation, to ment regulations for State driver’s li- tions for State driver’s license and the employer; cense and identification document se- identification document security ‘‘(iii) provides a description of the vacancy curity standards, to prevent terrorists standards, to prevent terrorists from that is specific enough to apprise United

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States workers of the job opportunity for sole employer of temporary agricultural ‘‘(i) EMPLOYER.—The fee for each employer which certification is sought; workers, such workers may be transferred that receives a temporary alien agricultural ‘‘(iv) describes the geographic area with among its producer members to perform ag- labor certification shall be equal to $100 plus enough specificity to apprise applicants of ricultural services of a temporary or sea- $10 for each job opportunity for H–2A work- any travel requirements and where appli- sonal nature for which the petition was ap- ers certified, provided that the fee to an em- cants will likely have to reside to perform proved. ployer for each temporary alien agricultural the job; ‘‘(3) STATEMENT OF LIABILITY.—The applica- labor certification received shall not exceed ‘‘(v) states the rate of pay, which must tion form shall include a clear statement ex- $1,000. equal or exceed the wage paid for the occupa- plaining the liability under this section of an ‘‘(ii) JOINT EMPLOYER ASSOCIATION.—In the tion in the area of intended employment; and employer who places an H–2A worker with case of a joint employer association that re- ‘‘(vi) offers wages, terms, and conditions of another H–2A employer if the other employer ceives a temporary alien agricultural labor employment, which are at least as favorable displaces a United States worker in violation certification, each employer-member receiv- as those offered to the alien. of the condition described in subsection ing such certification shall pay a fee equal to ‘‘(5) OFFERS TO UNITED STATES WORKERS.— (a)(7). $100 plus $10 for each job opportunity for H– The employer has offered or will offer the job ‘‘(4) TREATMENT OF VIOLATIONS.— 2A workers certified, provided that the fee to for which the nonimmigrant is, or the non- ‘‘(A) MEMBER’S VIOLATION DOES NOT NEC- an employer for each temporary alien agri- immigrants are, sought to any eligible ESSARILY DISQUALIFY ASSOCIATION OR OTHER cultural labor certification received shall United States worker who applies and is MEMBERS.—If an individual producer member not exceed $1,000. The joint employer asso- equally or better qualified for the job and of a joint employer association is determined ciation shall not be charged a separate fee. who will be available at the time and place to have committed an act that is in violation ‘‘(C) PAYMENTS.—The fees collected under of need. of the conditions for approval with respect to this paragraph shall be paid by check or ‘‘(6) PROVISION OF INSURANCE.—If the job the member’s petition, the denial shall apply money order made payable to the ‘Depart- for which the nonimmigrant is, or the non- only to that member of the association un- ment of Homeland Security’. In the case of immigrants are, sought is not covered by less the Secretary of Labor determines that employers of H–2A workers that are mem- State workers’ compensation law, the em- the association or other member partici- bers of a joint employer association applying ployer will provide, at no cost to the worker, pated in, had knowledge of, or had reason to on their behalf, the aggregate fees for all em- insurance covering injury and disease arising know of the violation. ployers of H–2A workers under the petition out of, and in the course of, the worker’s em- ‘‘(B) ASSOCIATION’S VIOLATION DOES NOT may be paid by 1 check or money order. ployment which will provide benefits at least NECESSARILY DISQUALIFY MEMBERS.— ‘‘(D) INFLATION ADJUSTMENT.—In the case equal to those provided under the State ‘‘(i) JOINT EMPLOYER.—If an association of any calendar year beginning after 2005, workers’ compensation law for comparable representing agricultural producers as a each dollar amount in subparagraph (B) may employment. joint employer is determined to have com- be increased by an amount equal to— ‘‘(7) STRIKE OR LOCKOUT.—There is not a mitted an act that is in violation of the con- ‘‘(i) such dollar amount; multiplied by strike or lockout in the course of a labor dis- ditions for approval with respect to the asso- ‘‘(ii) the percentage (if any) by which the pute which, under regulations promulgated ciation’s petition, the denial shall apply only average of the Consumer Price Index for all by the Secretary of Labor, precludes the pro- to the association and does not apply to any urban consumers (United States city aver- vision of the certification described in sec- individual producer member of the associa- age) for the 12-month period ending with Au- tion 101(a)(15)(H)(ii)(a). tion, unless the Secretary of Labor deter- gust of the preceding calendar year exceeds ‘‘(8) PREVIOUS VIOLATIONS.—The employer mines that the member participated in, had such average for the 12-month period ending has not, during the previous 5-year period, knowledge of, or had reason to know of the with August 2004. employed H–2A workers and knowingly vio- violation. ‘‘(h) FAILURE TO MEET CONDITIONS.—If the lated a material term or condition of ap- ‘‘(ii) SOLE EMPLOYER.—If an association of Secretary of Labor finds, after notice and op- proval with respect to the employment of do- agricultural producers approved as a sole portunity for a hearing, a failure to meet a mestic or nonimmigrant workers, as deter- employer is determined to have committed condition of subsection (a), or a material mined by the Secretary of Labor after notice an act that is in violation of the conditions misrepresentation of fact in a petition under and opportunity for a hearing. for approval with respect to the association’s subsection (a)— ‘‘(b) PUBLICATION.—The employer shall petition, no individual producer member of ‘‘(1) the Secretary of Labor shall notify the make available for public examination, with- such association may be the beneficiary of Secretary of Homeland Security of such find- in 1 working day after the date on which a the services of temporary alien agricultural ing and may, in addition, impose such other petition under this section is filed, at the workers admitted under this section in the administrative remedies (including civil employer’s principal place of business or commodity and occupation in which such money penalties in an amount not to exceed worksite, a copy of each such petition (and aliens were employed by the association $1,000 per violation) as the Secretary of such accompanying documents as are nec- which was denied approval during the period Labor determines to be appropriate; and essary). such denial is in force, unless such producer ‘‘(2) the Secretary of Homeland Security ‘‘(c) LIST.—The Secretary of Labor shall member employs such aliens in the com- may disqualify the employer from the em- compile, on a current basis, a list (by em- modity and occupation in question directly ployment of H–2A workers for a period of 1 ployer) of the petitions filed under sub- or through an association which is a joint year. section (a). Such list shall include the wage employer of such workers with the producer rate, number of aliens sought, period of in- ‘‘(i) WILLFUL FAILURES AND WILLFUL MIS- member. tended employment, and date of need. The REPRESENTATIONS.—If the Secretary of Labor Secretary of Labor shall make such list ‘‘(f) EXPEDITED ADMINISTRATIVE APPEALS finds, after notice and opportunity for a available for public examination in Wash- OF CERTAIN DETERMINATIONS.—Regulations hearing, a willful failure to meet a material ington, District of Columbia. shall provide for an expedited procedure for condition of subsection (a) or a willful mis- ‘‘(d) SPECIAL RULES FOR CONSIDERATION OF the review of a denial of approval under this representation of a material fact in a peti- PETITIONS.—The following rules shall apply section, or at the applicant’s request, for a tion under subsection (a)— in the case of the filing and consideration of de novo administrative hearing respecting ‘‘(1) the Secretary of Labor shall notify the a petition under subsection (a): the denial. Secretary of Homeland Security of such find- ‘‘(1) DEADLINE FOR FILING APPLICATIONS.— ‘‘(g) MISCELLANEOUS PROVISIONS.— ing and may, in addition, impose such other The Secretary of Homeland Security may ‘‘(1) ENDORSEMENT OF DOCUMENTS.—The administrative remedies (including civil not require that the petition be filed more Secretary of Homeland Security shall pro- money penalties in an amount not to exceed than 45 days before the first date the em- vide for the endorsement of entry and exit $5,000 per violation) as the Secretary of ployer requires the labor or services of the documents of nonimmigrants described in Labor determines to be appropriate; H–2A worker or workers. section 101(a)(15)(H)(ii)(a) as may be nec- ‘‘(2) the Secretary of Homeland Security ‘‘(2) ISSUANCE OF APPROVAL.—Unless the essary to carry out this section and to pro- may disqualify the employer from the em- Secretary of Homeland Security finds that vide notice for purposes of section 274A. ployment of H–2A workers for a period of 2 the petition is incomplete or obviously inac- ‘‘(2) PREEMPTION OF STATE LAWS.—The pro- years; curate, the Secretary of Homeland Security visions of subsections (a) and (c) of section ‘‘(3) for a second violation, the Secretary of shall provide a decision within 7 days of the 214 and the provisions of this section pre- Homeland Security may disqualify the em- date of the filing of the petition. empt any State or local law regulating ad- ployer from the employment of H-2A workers ‘‘(e) ROLES OF AGRICULTURAL ASSOCIA- missibility of nonimmigrant workers. for a period of 5 years; and TIONS.— ‘‘(3) FEES.— ‘‘(4) for a third violation, the Secretary of ‘‘(1) PERMITTING FILING BY AGRICULTURAL ‘‘(A) IN GENERAL.—The Secretary of Home- Homeland Security may permanently dis- ASSOCIATIONS.—A petition to hire an alien as land Security may require, as a condition of qualify the employer from the employment a temporary agricultural worker may be approving the petition, the payment of a fee of H-2A workers. filed by an association of agricultural pro- in accordance with subparagraph (B) to re- ‘‘(j) DISPLACEMENT OF UNITED STATES ducers which use agricultural services. cover the reasonable costs of processing peti- WORKERS.—If the Secretary of Labor finds, ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS tions. after notice and opportunity for a hearing, a EMPLOYERS.—If an association is a joint or ‘‘(B) AMOUNTS.— willful failure to meet a material condition

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.080 S13PT1 S3590 CONGRESSIONAL RECORD — SENATE April 13, 2005 of subsection (a) or a willful misrepresenta- ‘‘(A) An employer applying for workers section 203 of the Migrant and Seasonal Agri- tion of a material fact in a petition under under subsection (a) shall offer to pay, and cultural Worker Protection Act (29 U.S.C. subsection (a), in the course of which failure shall pay, all workers in the occupation for 1823) solely by virtue of providing such hous- or misrepresentation the employer displaced which the employer has applied for workers, ing allowance. a United States worker employed by the em- not less than the prevailing wage. ‘‘(iv) REPORTING REQUIREMENT.—The em- ployer during the period of employment on ‘‘(B) In complying with subparagraph (A), ployer must provide the Secretary of Labor the employer’s petition under subsection (a) an employer may request and obtain a pre- with a list of the names of all workers as- or during the period of 30 days preceding vailing wage determination from the State sisted under this subparagraph and the local such period of employment— employment security agency. address of each such worker. ‘‘(1) the Secretary of Labor shall notify the ‘‘(C) In lieu of the procedure described in ‘‘(v) CERTIFICATION.—The requirement of Secretary of Homeland Security of such find- subparagraph (B), an employer may rely on this clause is satisfied if the Governor of the ing and may, in addition, impose such other other wage information, including a survey State certifies to the Secretary of Labor administrative remedies (including civil of the prevailing wages of workers in the oc- that there is adequate housing available in money penalties in an amount not to exceed cupation in the area of intended employment the area of intended employment for mi- $15,000 per violation) as the Secretary of that has been conducted or funded by the grant farm workers, and H–2A workers, who Labor determines to be appropriate; employer or a group of employers, that are seeking temporary housing while em- ‘‘(2) the Secretary of Homeland Security meets criteria specified by the Secretary of ployed at farm work. Such certification shall may disqualify the employer from the em- Labor in regulations. expire after 3 years unless renewed by the ployment of H–2A workers for a period of 5 ‘‘(D) An employer who obtains such pre- Governor of the State. years; and vailing wage determination, or who relies on ‘‘(vi) AMOUNT OF ALLOWANCE.— ‘‘(3) for a second violation, the Secretary of a qualifying survey of prevailing wages, and ‘‘(I) NONMETROPOLITAN COUNTIES.—If the Homeland Security may permanently dis- who pays the wage determined to be pre- place of employment of the workers provided qualify the employer from the employment vailing, shall be considered to have complied an allowance under this subparagraph is a of H–2A workers. with the requirement of subparagraph (A). nonmetropolitan county, the amount of the ‘‘(E) No worker shall be paid less than the housing allowance under this subparagraph ‘‘(k) LIMITATIONS ON CIVIL MONEY PEN- greater of the prevailing wage or the applica- shall be equal to the statewide average fair ALTIES.—The Secretary of Labor shall not impose total civil money penalties with re- ble State minimum wage. market rental for existing housing for non- spect to a petition under subsection (a) in ex- ‘‘(3) REQUIREMENT TO PROVIDE HOUSING OR A metropolitan counties for the State, as es- HOUSING ALLOWANCE.— cess of $90,000. tablished by the Secretary of Housing and ‘‘(A) IN GENERAL.—An employer applying Urban Development pursuant to section 8(c) ‘‘(l) FAILURES TO PAY WAGES OR REQUIRED for workers under subsection (a) shall offer of the United States Housing Act of 1937 (42 BENEFITS.—If the Secretary of Labor finds, to provide housing at no cost to all workers U.S.C. 1437f(c)), based on a 2-bedroom dwell- after notice and opportunity for a hearing, in job opportunities for which the employer ing unit and an assumption of 2 persons per that the employer has failed to pay the has applied under that section and to all bedroom. wages, or provide the housing allowance, other workers in the same occupation at the ‘‘(II) METROPOLITAN COUNTIES.—If the place transportation, subsistence reimbursement, place of employment, whose place of resi- of employment of the workers provided an or guarantee of employment required under dence is beyond normal commuting distance. allowance under this paragraph is in a met- subsection (a)(2), the Secretary of Labor ‘‘(B) TYPE OF HOUSING.—In complying with ropolitan county, the amount of the housing shall assess payment of back wages, or other subparagraph (A), an employer may, at the allowance under this subparagraph shall be required benefits, due any United States employer’s election, provide housing that equal to the statewide average fair market worker or H–2A worker employed by the em- meets applicable Federal standards for tem- rental for existing housing for metropolitan ployer in the specific employment in ques- porary labor camps or secure housing that counties for the State, as established by the tion. The back wages or other required bene- meets applicable local standards for rental Secretary of Housing and Urban Develop- fits under subsection (a)(2) shall be equal to or public accommodation housing, or other ment pursuant to section 8(c) of the United the difference between the amount that substantially similar class of habitation, or States Housing Act of 1937 (42 U.S.C. should have been paid and the amount that in the absence of applicable local standards, 1437f(c)), based on a 2-bedroom dwelling unit actually was paid to such worker. State standards for rental or public accom- and an assumption of 2 persons per bedroom. ‘‘(m) MINIMUM BENEFITS, WAGES, AND modation housing or other substantially ‘‘(G) EXEMPTION.—An employer applying WORKING CONDITIONS.— similar class of habitation. In the absence of for workers under subsection (a) whose pri- ‘‘(1) PREFERENTIAL TREATMENT OF ALIENS applicable State or local standards, Federal mary job site is located 150 miles or less PROHIBITED.— temporary labor camp standards shall apply. from the United States border shall not be ‘‘(A) IN GENERAL.—Employers seeking to ‘‘(C) CERTIFICATE OF INSPECTION.—Prior to required to provide housing or a housing al- hire United States workers shall offer the any occupation by a worker in housing de- lowance. United States workers not less than the scribed in subparagraph (B), the employer ‘‘(4) REIMBURSEMENT OF TRANSPORTATION.— same benefits, wages, and working condi- shall submit a certificate of inspection by an ‘‘(A) TO PLACE OF EMPLOYMENT.— tions that the employer is offering, intends approved Federal or State agency to the Sec- ‘‘(i) IN GENERAL.—A worker who completes to offer, or will provide to H–2A workers. retary of Labor. 50 percent of the period of employment of the Conversely, no job offer may impose on ‘‘(D) WORKERS ENGAGED IN THE RANGE PRO- job opportunity for which the worker was United States workers any restrictions or DUCTION OF LIVESTOCK.—The Secretary of hired, measured from the worker’s first day obligations which will not be imposed on the Labor shall issue regulations that address of work in such employment, shall be reim- employer’s H–2A workers. the specific requirements for the provision of bursed by the employer for the cost of the ‘‘(B) INTERPRETATIONS AND DETERMINA- housing to workers engaged in the range pro- worker’s transportation and subsistence TIONS.—While benefits, wages, and other duction of livestock. from the place from which the worker was terms and conditions of employment speci- ‘‘(E) LIMITATION.—Nothing in this para- approved to enter the United States to work fied in this subsection are required to be pro- graph shall be construed to require an em- for the employer (or place of last employ- vided in connection with employment under ployer to provide or secure housing for per- ment, if the worker traveled from such this section, every interpretation and deter- sons who were not entitled to such housing place) to the place of employment by the em- mination made under this Act or under any under the temporary labor certification reg- ployer. other law, regulation, or interpretative pro- ulations in effect on June 1, 1986. ‘‘(ii) OTHER FEES.—The employer shall not vision regarding the nature, scope, and tim- ‘‘(F) HOUSING ALLOWANCE AS ALTER- be required to reimburse visa, passport, con- ing of the provision of these and any other NATIVE.— sular, or international border-crossing fees benefits, wages, and other terms and condi- ‘‘(i) IN GENERAL.—The employer may pro- or any other fees associated with the work- tions of employment shall be made in con- vide a reasonable housing allowance in lieu er’s lawful admission into the United States formance with the governing principles that of offering housing under subparagraph (A) if to perform employment that may be in- the services of workers to their employers the requirement under clause (v) is satisfied. curred by the worker. and the employment opportunities afforded ‘‘(ii) ASSISTANCE TO LOCATE HOUSING.—Upon ‘‘(iii) TIMELY REIMBURSEMENT.—Reimburse- to workers by their employers, including the request of a worker seeking assistance in ment to the worker of expenses for the cost those employment opportunities that require locating housing, the employer shall make a of the worker’s transportation and subsist- United States workers or H–2A workers to good-faith effort to assist the worker in lo- ence to the place of employment shall be travel or relocate in order to accept or per- cating housing in the area of intended em- considered timely if such reimbursement is form employment, mutually benefit such ployment. made not later than the worker’s first reg- workers, as well as their families, and em- ‘‘(iii) LIMITATION.—A housing allowance ular payday after the worker completes 50 ployers, principally benefitting neither, and may not be used for housing which is owned percent of the period of employment of the that employment opportunities within the or controlled by the employer. An employer job opportunity as provided under this para- United States further benefit the United who offers a housing allowance to a worker, graph. States economy as a whole and should be en- or assists a worker in locating housing which ‘‘(B) FROM PLACE OF EMPLOYMENT.—A couraged. the worker occupies, pursuant to this clause worker who completes the period of employ- ‘‘(2) REQUIRED WAGES.— shall not be deemed a housing provider under ment for the job opportunity involved shall

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.080 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3591 be reimbursed by the employer for the cost form of natural disaster (including a flood, remove from the United States any H–2A of the worker’s transportation and subsist- hurricane, freeze, earthquake, fire, or worker who violates any term or condition ence from the place from which the worker drought), plant or animal disease, pest infes- of the worker’s nonimmigrant status. was approved to enter the United States to tation, or regulatory action, before the em- ‘‘(4) VOLUNTARY TERMINATION.—Notwith- work for the employer. ployment guarantee in subparagraph (A) is standing paragraph (1), an alien may volun- ‘‘(C) LIMITATION.— fulfilled, the employer may terminate the tarily terminate his or her employment if ‘‘(i) AMOUNT OF REIMBURSEMENT.—Except worker’s employment. In the event of such the alien promptly departs the United States as provided in clause (ii), the amount of re- termination, the employer shall fulfill the upon termination of such employment. imbursement provided under subparagraph employment guarantee in subparagraph (A) ‘‘(r) REPLACEMENT OF ALIEN.— (A) or (B) to a worker or alien shall not ex- for the work days that have elapsed from the ‘‘(1) IN GENERAL.—Upon presentation of the ceed the lesser of— first work day after the arrival of the worker notice to the Secretary of Homeland Secu- ‘‘(I) the actual cost to the worker or alien to the termination of employment. In such rity required by subsection (q)(2), the Sec- of the transportation and subsistence in- cases, the employer will make efforts to retary of State shall promptly issue a visa volved; or transfer the United States worker to other to, and the Secretary of Homeland Security ‘‘(II) the most economical and reasonable comparable employment acceptable to the shall admit into the United States, an eligi- common carrier transportation charges and worker. ble alien designated by the employer to re- subsistence costs for the distance involved. ‘‘(n) PETITIONING FOR ADMISSION.—An em- place an H–2A worker who abandons or pre- ‘‘(ii) DISTANCE TRAVELED.—No reimburse- ployer, or an association acting as an agent maturely terminates employment. ment under subparagraph (A) or (B) shall be or joint employer for its members, that ‘‘(2) CONSTRUCTION.—Nothing in this sub- required if the distance traveled is 100 miles seeks the admission into the United States section shall limit any preference required or less or if the worker is not residing in em- of an H–2A worker must file a petition with to be accorded United States workers under ployer-provided housing or housing secured the Secretary of Homeland Security. The pe- any other provision of this Act. through an allowance as provided in para- tition shall include the attestations for the ‘‘(s) IDENTIFICATION DOCUMENT.— graph (3). certification described in section ‘‘(1) IN GENERAL.—The Department of ‘‘(D) EARLY TERMINATION.—If the worker is 101(a)(15)(H)(ii)(a). Homeland Security shall provide each alien laid off or employment is terminated for ‘‘(o) EXPEDITED ADJUDICATION BY THE SEC- authorized to be admitted under section contract impossibility (as described in para- RETARY.—The Secretary of Homeland Secu- 101(a)(15)(H)(ii)(a) with a single machine- graph (5)(D)) before the anticipated ending rity— readable, tamper-resistant, and counterfeit- date of employment, the employer shall pro- ‘‘(1) shall establish a procedure for expe- resistant document that— vide the transportation and subsistence re- dited adjudication of petitions filed under ‘‘(A) authorizes the alien’s entry into the quired by subparagraph (B) and, notwith- subsection (n); and United States; and standing whether the worker has completed ‘‘(2) not later than 7 working days after ‘‘(B) serves, for the appropriate period, as 50 percent of the period of employment, shall such filing shall, by fax, cable, or other an employment eligibility document. provide the transportation reimbursement means assuring expedited delivery transmit ‘‘(2) REQUIREMENTS.—No identification and required by subparagraph (A). a copy of notice of action on the petition— employment eligibility document may be ‘‘(E) TRANSPORTATION BETWEEN LIVING ‘‘(A) to the petitioner; and issued which does not meet the following re- QUARTERS AND WORKSITE.—The employer ‘‘(B) in the case of approved petitions, to quirements: shall provide transportation between the the appropriate immigration officer at the ‘‘(A) The document shall be capable of reli- worker’s living quarters (such as housing port of entry or United States consulate ably determining whether— provided by the employer pursuant to para- where the petitioner has indicated that the ‘‘(i) the individual with the identification graph (3), including housing provided alien beneficiary or beneficiaries will apply and employment eligibility document whose through a housing allowance) and the em- for a visa or admission to the United States. eligibility is being verified is in fact eligible ployer’s worksite without cost to the work- ‘‘(p) DISQUALIFICATION.— for employment; er, and such transportation will be in accord- ‘‘(1) Subject to paragraph (2), an alien shall ‘‘(ii) the individual whose eligibility is ance with applicable laws and regulations. be considered inadmissible to the United being verified is claiming the identity of an- ‘‘(5) GUARANTEE OF EMPLOYMENT.— States and ineligible for nonimmigrant sta- other person; and ‘‘(A) OFFER TO WORKER.—The employer tus under section 101(a)(15)(H)(ii)(a) if the ‘‘(iii) the individual whose eligibility is shall guarantee to offer the worker employ- alien has, at any time during the past 5 being verified is authorized to be admitted ment for the hourly equivalent of at least 75 years, violated a term or condition of admis- into, and employed in, the United States as percent of the work days of the total period sion into the United States as a non- an H–2A worker. of employment, beginning with the first immigrant, including overstaying the period ‘‘(B) The document shall— work day after the arrival of the worker at of authorized admission. ‘‘(i) be compatible with other databases of the place of employment and ending on the ‘‘(2) WAIVERS.— the Secretary of Homeland Security for the expiration date specified in the job offer. For ‘‘(A) IN GENERAL.—An alien outside the purpose of excluding aliens from benefits for purposes of this subparagraph, the hourly United States, and seeking admission under which they are not eligible and determining equivalent means the number of hours in the section 101(a)(15)(H)(ii)(a), shall not be whether the alien is unlawfully present in work days as stated in the job offer and shall deemed inadmissible under such section by the United States; and exclude the worker’s Sabbath and Federal reason of paragraph (1) or section 212(a)(9)(B) ‘‘(ii) be compatible with law enforcement holidays. If the employer affords the United if the previous violation occurred on or be- databases to determine if the alien has been States or H–2A worker less employment than fore April 1, 2005. convicted of criminal offenses. that required under this subparagraph, the ‘‘(B) LIMITATION.—In any case in which an ‘‘(t) EXTENSION OF STAY OF H–2A WORKERS employer shall pay such worker the amount alien is admitted to the United States upon IN THE UNITED STATES.— which the worker would have earned had the having a ground of inadmissibility waived ‘‘(1) EXTENSION OF STAY.— worker, in fact, worked for the guaranteed under subparagraph (A), such waiver shall be ‘‘(A) IN GENERAL.—If an employer seeks to number of hours. considered to remain in effect unless the employ an H–2A worker who is lawfully ‘‘(B) FAILURE TO WORK.—Any hours which alien again violates a material provision of present in the United States, the petition the worker fails to work, up to a maximum this section or otherwise violates a term or filed by the employer or an association pur- of the number of hours specified in the job condition of admission into the United suant to subsection (n) shall request an ex- offer for a work day, when the worker has States as a nonimmigrant, in which case tension of the alien’s stay. been offered an opportunity to do so, and all such waiver shall terminate. ‘‘(B) COMMENCEMENT; MAXIMUM PERIOD.—An hours of work actually performed (including ‘‘(q) ABANDONMENT OF EMPLOYMENT.— extension of stay under this subsection— voluntary work in excess of the number of ‘‘(1) IN GENERAL.—An alien admitted or ‘‘(i) may only commence at the completion hours specified in the job offer in a work day, provided status under section of the H–2A worker’s stay with the current on the worker’s Sabbath, or on Federal holi- 101(a)(15)(H)(ii)(a) who abandons the employ- employer; and days) may be counted by the employer in ment which was the basis for such admission ‘‘(ii) shall not exceed 10 months. calculating whether the period of guaranteed or status shall be considered to have failed ‘‘(2) WORK AUTHORIZATION UPON FILING PETI- employment has been met. to maintain nonimmigrant status as an H–2A TION FOR EXTENSION OF STAY.— ‘‘(C) ABANDONMENT OF EMPLOYMENT; TERMI- worker and shall depart the United States or ‘‘(A) IN GENERAL.—An alien who is lawfully NATION FOR CAUSE.—If the worker voluntarily be subject to removal under section present in the United States may commence abandons employment before the end of the 237(a)(1)(C)(i). or continue the employment described in a contract period, or is terminated for cause, ‘‘(2) REPORT BY EMPLOYER.—The employer petition under paragraph (1) on the date on the worker is not entitled to the 75 percent (or association acting as agent for the em- which the petition is filed. The employer guarantee described in subparagraph (A). ployer) shall notify the Secretary of Home- shall provide a copy of the employer’s peti- ‘‘(D) CONTRACT IMPOSSIBILITY.—If, before land Security within 7 days of an H–2A work- tion to the alien, who shall keep the petition the expiration of the period of employment er’s having prematurely abandoned employ- with the alien’s identification and employ- specified in the job offer, the services of the ment. ment eligibility document, as evidence that worker are no longer required for reasons be- ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec- the petition has been filed and that the alien yond the control of the employer due to any retary of Homeland Security shall promptly is authorized to work in the United States.

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.080 S13PT1 S3592 CONGRESSIONAL RECORD — SENATE April 13, 2005

‘‘(B) APPROVAL.—Upon approval of a peti- cultural occupation in an area of intended ‘‘(B) issued a tamper-resistant, machine- tion for an extension of stay or change in the employment, the rate of wages that includes readable document that serves as the alien’s alien’s authorized employment, the Sec- the 51st percentile of employees with similar visa, employment authorization, and travel retary of Homeland Security shall provide a experience and qualifications in the agricul- documentation and contains such biometrics new or updated employment eligibility docu- tural occupation in the area of intended em- as are required by the Secretary; ment to the alien indicating the new validity ployment, expressed in terms of the pre- ‘‘(3) the term ‘employer’ means any person date, after which the alien is not required to vailing method of pay for the occupation in or entity, including any farm labor con- retain a copy of the petition. the area of intended employment. tractor and any agricultural association, ‘‘(C) DEFINITION.—In this paragraph, the ‘‘(7) UNITED STATES WORKER.—The term that employs workers in agricultural em- term ‘file’ means sending the petition by cer- ‘United States worker’ means any worker, ployment; tified mail via the United States Postal whether a United States citizen or national, ‘‘(4) the term ‘Secretary’ means the Sec- Service, return receipt requested, or deliv- a lawfully admitted permanent resident retary of Homeland Security; ered by guaranteed commercial delivery alien, or any other alien authorized to work ‘‘(5) the term ‘small employer’ means an which will provide the employer with a docu- in the relevant job opportunity within the employer employing fewer than 500 employ- mented acknowledgment of the date of re- United States, except— ees based upon the average number of em- ceipt of the petition. ‘‘(A) an alien admitted or otherwise pro- ployees for each of the pay periods for the ‘‘(u) SPECIAL RULE FOR ALIENS EMPLOYED vided status under section 101(a)(15)(H)(ii)(a); preceding 10 calendar months, including the AS SHEEPHERDERS, GOATHERDERS, OR DAIRY and period in which the employer employed H–2A WORKERS.—Notwithstanding any other provi- ‘‘(B) an alien provided status under section workers; and sion of this section, an alien admitted under 220.’’. section 101(a)(15)(H)(ii)(a) for employment as ‘‘(6) the term ‘United States worker’ means a sheepherder, goatherder, or dairy worker SEC. 712. LEGAL ASSISTANCE PROVIDED BY THE any worker, whether a United States citizen LEGAL SERVICES CORPORATION. may be admitted for a period of up to 2 or national, a lawfully admitted permanent years. Section 305 of the Immigrant Reform and resident alien, or any other alien authorized ‘‘(v) DEFINITIONS.—For purposes of this sec- Control Act of 1986 (8 U.S.C. 1101 note) is to work in the relevant job opportunity tion: amended— within the United States, except— ‘‘(1) AREA OF EMPLOYMENT.—The term ‘area (1) by striking ‘‘A nonimmigrant’’ and in- ‘‘(A) an alien admitted or otherwise pro- of employment’ means the area within nor- serting the following: vided status under section 101(a)(15)(H)(ii)(a); mal commuting distance of the worksite or ‘‘(a) IN GENERAL.—A nonimmigrant’’; and and physical location where the work of the H– (2) by adding at the end the following: ‘‘(B) an alien provided status under this 2A worker is or will be performed. If such ‘‘(b) LEGAL ASSISTANCE.—The Legal Serv- section. worksite or location is within a Metropoli- ices Corporation may not provide legal as- ‘‘(b) BLUE CARD PROGRAM.— tan Statistical Area, any place within such sistance for or on behalf of any alien, and ‘‘(1) BLUE CARD PROGRAM.—Notwith- area is deemed to be within the area of em- may not provide financial assistance to any standing any other provision of law, the Sec- ployment. person or entity that provides legal assist- retary shall confer blue card status upon an ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligi- ance for or on behalf of any alien, unless the alien who qualifies under this subsection if ble individual’ means, with respect to em- alien— the Secretary determines that the alien— ployment, an individual who is not an unau- ‘‘(1) is present in the United States at the thorized alien (as defined in section time the legal assistance is provided; and ‘‘(A) has been in the United States con- 274A(h)(3)) with respect to that employment. ‘‘(2) is an alien to whom subsection (a) ap- tinuously as of April 1, 2005; ‘‘(B) has performed more than 50 percent of ‘‘(3) DISPLACE.—In the case of a petition plies.’’ with respect to 1 or more H–2A workers by ‘‘(c) REQUIRED MEDIATION.—The Legal total annual weeks worked in agricultural an employer, the employer is considered to Services Corporation may not bring a civil employment in the United States (except in ‘displace’ a United States worker from a job action for damages on behalf of a non- the case of a child provided derivative status if the employer lays off the worker from a immigrant described in section as of April 1, 2005); job that is essentially the equivalent of the 101(a)(15)(H)(ii)(a) of the Immigration and ‘‘(C) is otherwise admissible to the United job for which the H–2A worker or workers is Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) States under section 212, except as otherwise or are sought. A job shall not be considered or pursuant to those in the Blue Card Pro- provided under paragraph (2); and to be essentially equivalent of another job gram established under section 220 of such ‘‘(D) is the beneficiary of a petition filed by unless it involves essentially the same re- Act, unless at least 90 days before bringing an employer, as described in paragraph (3). sponsibilities, was held by a United States the action a request has been made to the ‘‘(2) WAIVER OF CERTAIN GROUNDS FOR INAD- worker with substantially equivalent quali- Federal Mediation and Conciliation Service MISSIBILITY.—In determining an alien’s eligi- fications and experience, and is located in to assist the parties in reaching a satisfac- bility for blue card status under paragraph the same area of employment as the other tory resolution of all issues involving all (1)(C)— job. parties to the dispute and mediation has ‘‘(A) the provisions of paragraphs (5), ‘‘(4) H–2A WORKER.—The term ‘H–2A work- been attempted.’’. (6)(A), (7)(A), and (9)(B) of section 212(a) shall er’ means a nonimmigrant described in sec- Subtitle B—Blue Card Status not apply; tion 101(a)(15)(H)(ii)(a). ‘‘(B) the provisions of section 212(a)(6)(C) SEC. 721. BLUE CARD PROGRAM. ‘‘(5) LAYS OFF.— shall not apply with respect to prior or cur- (a) IN GENERAL.—Chapter 2 of title II of the ‘‘(A) IN GENERAL.—The term ‘lays off’, with rent agricultural employment; and Immigration and Nationality Act (8 U.S.C. respect to a worker— ‘‘(C) the Secretary may not waive para- 1181 et seq.) is amended by adding at the end ‘‘(i) means to cause the worker’s loss of graph (1), (2), or (3) of section 212(a) unless the following: employment, other than through a discharge such waiver is permitted under another pro- for inadequate performance, violation of ‘‘BLUE CARD PROGRAM vision of law. workplace rules, cause, voluntary departure, ‘‘SEC. 220. (a) DEFINITIONS.—As used in this ‘‘(3) PETITIONS.— voluntary retirement, or the expiration of a section— ‘‘(A) IN GENERAL.—An employer seeking grant or contract (other than a temporary ‘‘(1) the term ‘agricultural employment’— blue card status under this section for an employment contract entered into in order ‘‘(A) means any service or activity that is alien employee shall file a petition for blue to evade a condition described in paragraph considered to be agricultural under section card status with the Secretary. (3) or (7) of subsection (a); but 3(f) of the Fair Labor Standards Act of 1938 ‘‘(B) EMPLOYER PETITION.—An employer fil- ‘‘(ii) does not include any situation in (29 U.S.C. 203(f)) or agricultural labor under ing a petition under subparagraph (A) shall— which the worker is offered, as an alter- section 3121(g) of the Internal Revenue Code ‘‘(i) pay a registration fee of— native to such loss of employment, a similar of 1986; and ‘‘(I) $1,000, if the employer employs more employment opportunity with the same em- ‘‘(B) includes any service or activity de- than 500 employees; or ployer (or, in the case of a placement of a scribed in— ‘‘(II) $500, if the employer is a small em- worker with another employer under sub- ‘‘(i) title 37, 37–3011, or 37–3012 (relating to ployer employing 500 or fewer employees; section (a)(7), with either employer described landscaping) of the Department of Labor ‘‘(ii) pay a processing fee to cover the ac- in such subsection) at equivalent or higher 2004–2005 Occupational Information Network tual costs incurred in adjudicating the peti- compensation and benefits than the position Handbook; tion; and from which the employee was discharged, re- ‘‘(ii) title 45 (relating to farming fishing, ‘‘(iii) attest that the employer conducted gardless of whether or not the employee ac- and forestry) of such handbook; or adequate recruitment in the metropolitan cepts the offer. ‘‘(iii) title 51, 51–3022, or 51–3023 (relating to statistical area of intended employment be- ‘‘(B) CONSTRUCTION.—Nothing in this para- meat, poultry, fish processors and packers) fore filing the attestation and was unsuc- graph is intended to limit an employee’s of such handbook. cessful in locating qualified United States rights under a collective bargaining agree- ‘‘(2) the term ‘blue card status’ means the workers for the job opportunity for which ment or other employment contract. status of an alien who has been— the certification is sought, which attestation ‘‘(6) PREVAILING WAGE.—The term ‘pre- ‘‘(A) lawfully admitted for a temporary pe- shall be valid for a period of 60 days. vailing wage’ means, with respect to an agri- riod under subsection (b); and ‘‘(C) RECRUITMENT.—

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.080 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3593 ‘‘(i) The adequate recruitment requirement ‘‘(I) other databases maintained by the by an employer, such employer shall imme- under subparagraph (B)(iii) is satisfied if the Secretary for the purpose of excluding aliens diately notify the Secretary of such ces- employer— from benefits for which they are not eligible sation of employment. The Secretary shall ‘‘(I) places a job order with America’s Job and determining whether the alien is unlaw- provide electronic means for making such Bank Program of the Department of Labor; fully present in the United States; and notification. and ‘‘(II) law enforcement databases to deter- ‘‘(D) LOSS OF EMPLOYMENT.— ‘‘(II) places a Sunday advertisement in a mine if the alien has been convicted of crimi- ‘‘(i) An alien’s blue card status shall termi- newspaper of general circulation or an adver- nal offenses. nate if the alien is unemployed for 60 or tisement in an appropriate trade journal or ‘‘(C) AUTHORIZED TRAVEL.—During the pe- more consecutive days. ethnic publication that is likely to be pa- riod an alien is in blue card status granted ‘‘(ii) An alien whose period of authorized tronized by a potential worker in the metro- under this section and pursuant to regula- admission terminates under clause (i) shall politan statistical area of intended employ- tions established by the Secretary, the alien be required to return to the country of the ment. may make brief visits outside the United alien’s nationality or last residence. ‘‘(ii) An advertisement under clause (i)(II) States. An alien may be readmitted to the ‘‘(6) GROUNDS FOR INELIGIBILITY.— shall— United States after such a visit without hav- ‘‘(A) BAR TO FUTURE VISAS FOR CONDITION ‘‘(I) name the employer; ing to obtain a visa if the alien presents the VIOLATIONS.—Any alien having blue card sta- ‘‘(II) direct applicants to report or send re- alien’s blue card document. Such periods of tus shall not again be eligible for the same sumes, as appropriate for the occupation, to time spent outside the United States shall blue card status if the alien violates any the employer; not cause the period of blue card status in term or condition of such status. ‘‘(III) provide a description of the vacancy the United States to be extended. ‘‘(B) ALIENS UNLAWFULLY PRESENT.—Any that is specific enough to apprise United ‘‘(D) PORTABILITY.— alien who enters the United States after States workers of the job opportunity for ‘‘(i) During the period in which an alien is April 1, 2005, without being admitted or pa- which certification is sought; in blue card status, the alien issued a blue roled shall be ineligible for blue card status. ‘‘(IV) describe the geographic area with card may accept new employment upon the ‘‘(C) ALIENS IN H–2A STATUS.—Any alien in enough specificity to apprise applicants of Secretary’s receipt of a petition filed by an lawful H–2A status as of April 1, 2005, shall be any travel requirements and where appli- employer on behalf of the alien. Employment ineligible for blue card status. cants will likely have to reside to perform authorization shall continue for such alien ‘‘(7) BAR ON CHANGE OR ADJUSTMENT OF STA- the job; until such petition is adjudicated. TUS.— ‘‘(V) state the rate of pay, which must ‘‘(ii) If a petition filed under clause (i) is ‘‘(A) IN GENERAL.—An alien having blue equal or exceed the wage paid for the occupa- denied and the alien has ceased employment card status shall not be eligible to change or tion in the area of intended employment; and with the previous employer, the authoriza- adjust status in the United States or obtain ‘‘(VI) offer wages, terms, and conditions of tion under clause (i) shall terminate and the a different nonimmigrant or immigrant visa employment, which are at least as favorable alien shall be required to return to the coun- from a United States Embassy or consulate. as those offered to the alien. try of the alien’s nationality or last resi- ‘‘(B) LOSS OF ELIGIBILITY.—An alien having ‘‘(D) NOTIFICATION OF DENIAL.—The Sec- dence. blue card status shall lose eligibility for such retary shall provide notification of a denial ‘‘(iii) A fee may be required by the Sec- status if the alien— of a petition filed for an alien to the alien retary to cover the actual costs incurred in ‘‘(i) files a petition to adjust status to legal and the employer who filed such petition. adjudicating a petition under this subpara- permanent residence in the United States; or ‘‘(E) EFFECT OF DENIAL.—If the Secretary graph. No other fee may be required under ‘‘(ii) requests a consular processing for an denies a petition filed for an alien, such alien this subparagraph. immigrant visa outside the United States. shall return to the country of the alien’s na- ‘‘(iv) A petition by an employer under this ‘‘(C) EXCEPTION.—An alien having blue card tionality or last residence outside the United subparagraph may not be accepted within 90 status may not adjust status to legal perma- States. days after the adjudication of a previous pe- nent resident status or obtain another non- ‘‘(4) BLUE CARD STATUS.— tition on behalf of an alien. immigrant or immigrant status unless— ‘‘(A) BLUE CARD.— ‘‘(E) ANNUAL CHECK IN.—The employer of ‘‘(i)(I) the alien renounces his or her blue ‘‘(i) ALL-IN-ONE CARD.—The Secretary, in an alien in blue card status who has been conjunction with the Secretary of State, employed for 1 year in blue card status shall card status by providing written notification shall develop a single machine-readable, confirm the alien’s continued employment to the Secretary of Homeland Security or tamper-resistant document that— status with the Secretary electronically or the Secretary of State; or ‘‘(I) authorizes the alien’s entry into the in writing. Such confirmation will not re- ‘‘(II) the alien’s blue card status otherwise United States; quire a further labor attestation. expires; and ‘‘(II) serves, during the period an alien is in ‘‘(F) TERMINATION OF BLUE CARD STATUS.— ‘‘(ii) the alien has resided and been phys- blue card status, as an employment author- ‘‘(i) During the period of blue card status ically present in the alien’s country of na- ized endorsement or other appropriate work granted an alien, the Secretary may termi- tionality or last residence for not less than 1 permit for agricultural employment only; nate such status upon a determination by year after leaving the United States and the and the Secretary that the alien is deportable or renouncement or expiration of blue card sta- ‘‘(III) serves as an entry and exit document has become inadmissible. tus. to be used in conjunction with a proper visa ‘‘(ii) The Secretary may terminate blue ‘‘(8) JUDICIAL REVIEW.—There shall be no or as a visa and as other appropriate travel card status granted to an alien if— judicial review of a denial of blue card sta- and entry documentation using biometric ‘‘(I) the Secretary determines that, with- tus. identifiers that meet the biometric identifier out the appropriate waiver, the granting of ‘‘(c) SAFE HARBOR.— standards jointly established by the Sec- blue card status was the result of fraud or ‘‘(1) SAFE HARBOR OF ALIEN.—An alien for retary of State and the Secretary. willful misrepresentation (as described in whom a nonfrivolous petition is filed under ‘‘(ii) BIOMETRICS.— section 212(a)(6)(C)(i)); this section— ‘‘(I) After a petition is filed by an employer ‘‘(II) the alien is convicted of a felony or a ‘‘(A) shall be granted employment author- and receipt of such petition is confirmed by misdemeanor committed in the United ization pending final adjudication of the pe- the Secretary, the alien, in order to further States; or tition; adjudicate the petition, shall submit 2 bio- ‘‘(III) the Secretary determines that the ‘‘(B) may not be detained, determined in- metric identifiers, as required by the Sec- alien is deportable or inadmissible under any admissible or deportable, or removed pend- retary, at an Application Support Center. other provision of this Act. ing final adjudication of the petition for ‘‘(II) The Secretary shall prescribe a proc- ‘‘(5) PERIOD OF AUTHORIZED ADMISSION.— change in status, unless the alien commits ess for the submission of a biometric identi- ‘‘(A) IN GENERAL.—The initial period of au- an act which renders the alien ineligible for fier to be incorporated electronically into an thorized admission for an alien with blue such change of status; and employer’s prior electronic filing of a peti- card status shall be not more than 3 years. ‘‘(C) may not be considered an unauthor- tion. The Secretary shall prescribe an alter- The employer of such alien may petition for ized alien as defined in section 274A(h)(3) native process for employers to file a peti- extensions of such authorized admission for 2 until such time as the petition for status is tion in a manner other than electronic filing, additional periods of not more than 3 years adjudicated. as needed. each. ‘‘(2) SAFE HARBOR FOR EMPLOYER.—An em- ‘‘(B) DOCUMENT REQUIREMENTS.—The Sec- ‘‘(B) EXCEPTION.—The limit on renewals ployer that files a petition for blue card sta- retary shall issue a blue card that is— shall not apply to a nonimmigrant in a posi- tus for an alien shall not be subject to civil ‘‘(i) capable of reliably determining if the tion of full-time, non-temporary employ- and criminal tax liability relating directly individual with the blue card whose eligi- ment who has managerial or supervisory re- to the employment of such alien. An em- bility is being verified is— sponsibilities. The employer of such non- ployer that provides unauthorized aliens ‘‘(I) eligible for employment; immigrant shall be required to make an ad- with copies of employment records or other ‘‘(II) claiming the identify of another per- ditional attestation to such an employment evidence of employment pursuant to the pe- son; and classification with the filing of a petition. tition shall not be subject to civil and crimi- ‘‘(III) authorized to be admitted; and ‘‘(C) REPORTING REQUIREMENT.—If an alien nal liability pursuant to section 274A for em- ‘‘(ii) compatible with— with blue card status ceases to be employed ploying such unauthorized aliens.

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.080 S13PT1 S3594 CONGRESSIONAL RECORD — SENATE April 13, 2005 ‘‘(d) TREATMENT OF SPOUSES AND CHIL- by her to the bill H.R. 1268, making tions for the fiscal year ending Sep- DREN.— emergency supplemental appropria- tember 30, 2005, to establish and rapidly ‘‘(1) SPOUSES.—A spouse of an alien having tions for the fiscal year ending Sep- implement regulations for State driv- blue card status shall not be eligible for de- tember 30, 2005, to establish and rapidly er’s license and identification docu- rivative status by accompanying or fol- ment security standards, to prevent lowing to join the alien. Such a spouse may implement regulations for State driv- obtain status based only on an independent er’s license and identification docu- terrorists from abusing the asylum petition filed by an employer petitioning ment security standards, to prevent laws of the United States, to unify ter- under subsection (b)(3) with respect to the terrorists from abusing the asylum rorism-related grounds for inadmis- employment of the spouse. laws of the United States, to unify ter- sibility and removal, to ensure expedi- ‘‘(2) CHILDREN.—A child of an alien having rorism-related grounds for inadmis- tious construction of the San Diego blue card status shall not be eligible for the sibility and removal, to ensure expedi- border fence, and for other purposes; same temporary status unless— tious construction of the San Diego which was ordered to lie on the table; ‘‘(A) the child is accompanying or fol- as follows: lowing to join the alien; and border fence, and for other purposes; On page 15, strike lines 19 through 21, and ‘‘(B) the alien is the sole custodial parent which was ordered to lie on the table; insert the following: of the child or both custodial parents of the as follows: (II) is convicted of a felony or mis- child have obtained such status.’’. On page 13, strike line 5 and all that fol- demeanor committed in the United States. (b) CLERICAL AMENDMENT.—The table of lows through page 14, line 23, and insert the contents of the Immigration and Nationality following: SA 386. Mr. STEVENS (for himself Act is amended by inserting after the item (i) QUALIFYING EMPLOYMENT.—The alien and Mr. INOUYE) proposed an amend- relating to section 219 the following: has performed at least 5 years of agricultural ment to the bill H.R. 1268, making ‘‘Sec. 220. Blue card program.’’. employment in the United States, for at least 100 work days per year, during the 6- emergency supplemental appropria- SEC. 722. PENALTIES FOR FALSE STATEMENTS. tions for the fiscal year ending Sep- Section 1546 of title 18, United States Code, year period beginning on the date of enact- ment of this Act. tember 30, 2005, to establish and rapidly is amended— implement regulations for State driv- (1) by redesignating subsection (c) as sub- (ii) APPLICATION PERIOD.—The alien applies section (d); and for adjustment of status not later than 7 er’s license and identification docu- (2) by inserting after subsection (b) the fol- years after the date of enactment of this ment security standards, to prevent lowing: Act. terrorists from abusing the asylum ‘‘(c) Any person, including the alien who is (iii) PROOF.—In meeting the requirements laws of the United States, to unify ter- the beneficiary of a petition, who— under clause (i), an alien may submit the rorism-related grounds for inadmis- ‘‘(1) files a petition under section 220(b)(3) record of employment described in sub- sibility and removal, to ensure expedi- section (a)(5) or such documentation as may of the Immigration and Nationality Act; and tious construction of the San Diego ‘‘(2)(A) knowingly and willfully falsifies, be submitted under subsection (d)(3). (iv) DISABILITY.—In determining whether border fence, and for other purposes; as conceals, or covers up a material fact related follows: to such a petition; an alien has met the requirements under On page 149, line 10 strike ‘‘$89,300,000’’ and ‘‘(B) makes any false, fictitious, or fraudu- clause (i), the Secretary shall credit the insert ‘‘$250,300,000’’ and on line 11 strike lent statements or representations, or makes alien with any work days lost because the ‘‘$20,000,000’’ and insert ‘‘$181,000,000’’. or uses any false writing or document know- alien was unable to work in agricultural em- ployment due to injury or disease arising out ing the same to contain any false, fictitious, SA 387. Ms. MIKULSKI (for herself, or fraudulent statement or entry related to of and in the course of the alien’s agricul- Mr. ALLEN, Mr. LEAHY, Mr. CORZINE, such a petition; or tural employment, if the alien can establish ‘‘(C) creates or supplies a false writing or such disabling injury or disease through Mr. WARNER, Mr. JEFFORDS, Mr. SAR- document for use in making such a petition, medical records. BANES, Mr. DAYTON, Mr. KENNEDY, Ms. LANDRIEU, Mr. REED, Mr. LAUTENBERG, shall be fined in accordance with this title, SA 384. Mrs. FEINSTEIN submitted imprisoned not more than 5 years, or both.’’. Mr. FEINGOLD, Mr. DORGAN, Mr. KERRY, an amendment intended to be proposed Mr. CONRAD, Mr. THOMAS, Mr. STEVENS, SEC. 723. SECURING THE BORDERS. by her to the bill H.R. 1268, making Not later than 6 months after the date of Mr. DEWINE, Mr. COLEMAN, Ms. SNOWE, enactment of this Act, the Secretary of emergency supplemental appropria- and Ms. COLLINS) proposed an amend- Homeland Security shall submit to Congress tions for the fiscal year ending Sep- ment to the bill H.R. 1268, making a comprehensive plan for securing the bor- tember 30, 2005, to establish and rapidly emergency supplemental appropria- ders of the United States. implement regulations for State driv- tions for the fiscal year ending Sep- SEC. 724. EFFECTIVE DATE. er’s license and identification docu- tember 30, 2005, to establish and rapidly This subtitle shall take effect on the date ment security standards, to prevent implement regulations for State driv- that is 6 months after the date of enactment terrorists from abusing the asylum er’s license and identification docu- of this Act. laws of the United States, to unify ter- ment security standards, to prevent rorism-related grounds for inadmis- terrorists from abusing the asylum SA 382. Mrs. FEINSTEIN submitted sibility and removal, to ensure expedi- laws of the United States, to unify ter- an amendment intended to be proposed tious construction of the San Diego rorism-related grounds for inadmis- by her to the bill H.R. 1268, making border fence, and for other purposes; sibility and removal, to ensure expedi- emergency supplemental appropria- which was ordered to lie on the table; tious construction of the San Diego tions for the fiscal year ending Sep- as follows: border fence, and for other purposes; tember 30, 2005, to establish and rapidly On page 18, strike line 11 and all that fol- which was ordered to lie on the table; implement regulations for State driv- lows through ‘‘(D)’’ on page 20, line 16, and as follows: er’s license and identification docu- insert the following: On page 231, between lines 3 and 4, insert ment security standards, to prevent (A) IN GENERAL.—The Secretary shall pro- the following new title: terrorists from abusing the asylum vide that— TITLE VII—TEMPORARY WORKERS laws of the United States, to unify ter- (i) applications for temporary resident sta- tus under subsection (a) may be filed— SEC. 7001. SHORT TITLE. rorism-related grounds for inadmis- This title may be cited as the ‘‘Save Our (I) with the Secretary only if the applicant sibility and removal, to ensure expedi- Small and Seasonal Businesses Act of 2005’’. tious construction of the San Diego is represented by an attorney; or (II) with a qualified entity designated SEC. 7002. NUMERICAL LIMITATIONS ON H–2B WORKERS. border fence, and for other purposes; under paragraph (2) only if the applicant (a) IN GENERAL.—Section 214(g) of the Im- which was ordered to lie on the table; consents to the forwarding of the application as follows: migration and Nationality Act (8 U.S.C. to the Secretary; and 1184(g)) is amended by adding at the end the On page 4, lines 7 through 10, strike ‘‘at (ii) applications for adjustment of status following: least 575 hours or 100 work days, whichever is under subsection (c) shall be filed directly ‘‘(9) An alien counted toward the numer- less, during any 12 consecutive months dur- with the Secretary. ical limitations of paragraph (1)(B) during ing the 18-month period ending on’’ and in- (B) any one of the 3 fiscal years prior to the sub- sert ‘‘the previous 3 years, for at least 575 mission of a petition for a nonimmigrant hours or 100 work days per year, before’’. SA 385. Mrs. FEINSTEIN submitted worker described in section an amendment intended to be proposed 101(a)(15)(H)(ii)(b) may not be counted to- SA 383. Mrs. FEINSTEIN submitted by her to the bill H.R. 1268, making ward such limitation for the fiscal year in an amendment intended to be proposed emergency supplemental appropria- which the petition is approved.’’.

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.080 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3595 (b) EFFECTIVE DATE.— the agreement of the Secretary of Labor, any SA 388. Mr. BAYH submitted an (1) IN GENERAL.—The amendment in sub- of the authority given to the Secretary of amendment intended to be proposed by section (a) shall take effect as if enacted on Homeland Security under subparagraph him to the bill H.R. 1268, making emer- October 1, 2004, and shall expire on October 1, (A)(i). gency supplemental appropriations for 2006. ‘‘(iv) In determining the level of penalties the fiscal year ending September 30, (2) IMPLEMENTATION.—Not later than the to be assessed under subparagraph (A), the date of enactment of this Act, the Secretary highest penalties shall be reserved for willful 2005, to establish and rapidly imple- of Homeland Security shall begin accepting failures to meet any of the conditions of the ment regulations for State driver’s li- and processing petitions filed on behalf of petition that involve harm to United States cense and identification document se- aliens described in section 101(a)(15)(H)(ii)(b), workers. curity standards, to prevent terrorists in a manner consistent with this section and ‘‘(v) In this paragraph, the term ‘substan- from abusing the asylum laws of the the amendments made by this section. tial failure’ means the willful failure to com- United States, to unify terrorism-re- SEC. 7003. FRAUD PREVENTION AND DETECTION ply with the requirements of this section that constitutes a significant deviation from lated grounds for inadmissibility and FEE. removal, to ensure expeditious con- (a) IMPOSITION OF FEE.—Section 214(c) of the terms and conditions of a petition.’’. the Immigration and Nationality Act (8 (b) EFFECTIVE DATE.—The amendment struction of the San Diego border U.S.C. 1184(c)), as amended by section 426(a) made by subsection (a) shall take effect on fence, and for other purposes; which of division J of the Consolidated Appropria- October 1, 2005. was ordered to lie on the table; as fol- tions Act, 2005 (Public Law 108–447), is SEC. 7005. ALLOCATION OF H–2B VISAS DURING A lows: amended by adding at the end the following: FISCAL YEAR. On page 169, between lines 8 and 9, insert Section 214(g) of the Immigration and Na- ‘‘(13)(A) In addition to any other fees au- the following: thorized by law, the Secretary of Homeland tionality Act (8 U.S.C. 1184(g)), as amended UP ARMORED HIGH MOBILITY MULTIPURPOSE Security shall impose a fraud prevention and by section 7002, is further amended by adding WHEELED VEHICLES detection fee on an employer filing a peti- at the end the following new paragraph: tion under paragraph (1) for nonimmigrant ‘‘(j) The numerical limitations of para- SEC. 1122. (a) ADDITIONAL AMOUNT FOR workers described in section graph (1)(B) shall be allocated for a fiscal OTHER PROCUREMENT, ARMY.—The amount 101(a)(15)(H)(ii)(b). year so that the total number of aliens who appropriated by this chapter under the head- ‘‘(i) The amount of the fee imposed under enter the United States pursuant to a visa or ing ‘‘OTHER PROCUREMENT, ARMY’’ is hereby subparagraph (A) shall be $150.’’. other provision of nonimmigrant status increased by $742,000,000, with the amount of (b) USE OF FEES.— under section 101(a)(15)(H)(ii)(b) during the such increase designated as an emergency re- (1) FRAUD PREVENTION AND DETECTION AC- first 6 months of such fiscal year is not more quirement pursuant to section 402 of the con- COUNT.—Subsection (v) of section 286 of the than 33,000.’’. ference report to accompany S. Con. Res. 95 Immigration and Nationality Act (8 U.S.C. SEC. 7006. SUBMISSION TO CONGRESS OF INFOR- (108th Congress). 1356), as added by section 426(b) of division J MATION REGARDING H–2B NON- (b) AVAILABILITY OF FUNDS.—Of the of the Consolidated Appropriations Act, 2005 IMMIGRANTS. amount appropriated or otherwise made (Public Law 108–447), is amended— Section 416 of the American Competitive- available by this chapter under the heading (A) in paragraphs (1), (2)(A), (2)(B), (2)(C), ness and Workforce Improvement Act of 1998 ‘‘OTHER PROCUREMENT, ARMY’’, as increased and (2)(D) by striking ‘‘H1–B and L’’ each (title IV of division C of Public Law 105–277; by subsection (a), $742,000,000 shall be avail- place it appears; 8 U.S.C. 1184 note) is amended— able for the procurement of up to 3,300 Up (B) in paragraph (1), as amended by sub- (1) by striking ‘‘Attorney General’’ each Armored High Mobility Multipurpose paragraph (A), by striking ‘‘section place that term appears and inserting ‘‘Sec- Wheeled Vehicles (UAHMMVs). (c) REPORTS.—(1) Not later 60 days after 214(c)(12)’’ and inserting ‘‘paragraph (12) or retary of Homeland Security’’; and the date of the enactment of this Act, and (13) of section 214(c)’’; (2) by adding at the end the following new every 60 days thereafter until the termi- (C) in paragraphs (2)(A)(i) and (2)(B), as subsection: ‘‘(d) PROVISION OF INFORMATION.— nation of Operation Iraqi Freedom, the Sec- amended by subparagraph (A), by striking retary of Defense shall submit to the con- ‘‘(H)(i)’’ each place it appears and inserting ‘‘(1) QUARTERLY NOTIFICATION.—Beginning not later than March 1, 2006, the Secretary of gressional defense committees a report set- ‘‘(H)(i), (H)(ii), ’’; and ting forth the current requirements of the (D) in paragraph (2)(D), as amended by sub- Homeland Security shall notify, on a quar- terly basis, the Committee on the Judiciary Armed Forces for armored security vehicles. paragraph (A), by inserting before the period (2) Not later than 90 days after the date of of the Senate and the Committee on the Ju- at the end ‘‘or for programs and activities to the enactment of this Act, the Secretary diciary of House of Representatives of the prevent and detect fraud with respect to pe- shall submit to the congressional defense number of aliens who during the preceding 1- titions under paragraph (1) or (2)(A) of sec- committees a report setting forth the most year period— tion 214(c) to grant an alien nonimmigrant effective and efficient options available to ‘‘(A) were issued visas or otherwise pro- status described in section 101(a)(15)(H)(ii)’’. the Department of Defense for transporting vided nonimmigrant status under section (2) CONFORMING AMENDMENT.—The heading Up Armored High Mobility Multipurpose 101(a)(15)(H)(ii)(b) of the Immigration and of such subsection 286 is amended by striking Wheeled Vehicles to Iraq and Afghanistan. ‘‘H1–B AND L’’. Nationality Act (8 U.S.C. (c) EFFECTIVE DATE.—The amendments 1101(a)(15)(H)(ii)(b)); or SA 389. Mr. REID submitted an made by subsections (a) and (b) shall take ef- ‘‘(B) had such a visa or such status expire amendment intended to be proposed by fect on October 1, 2005. or be revoked or otherwise terminated. him to the bill H.R. 1268, making emer- ‘‘(2) ANNUAL SUBMISSION.—Beginning in fis- SEC. 7004. SANCTIONS. gency supplemental appropriations for (a) IN GENERAL.—Section 214(c) of the Im- cal year 2007, the Secretary of Homeland Se- migration and Nationality Act (8 U.S.C. curity shall submit, on an annual basis, to the fiscal year ending September 30, 1184(c)), as amended by section 3, is further the Committees on the Judiciary of the 2005, to establish and rapidly imple- amended by adding at the end the following: House of Representatives and the Senate— ment regulations for State driver’s li- ‘‘(14)(A) If the Secretary of Homeland Se- ‘‘(A) information on the countries of origin cense and identification document se- curity finds, after notice and an opportunity of, occupations of, and compensation paid to curity standards, to prevent terrorists for a hearing, a substantial failure to meet aliens who were issued visas or otherwise from abusing the asylum laws of the any of the conditions of the petition to provided nonimmigrant status under section United States, to unify terrorism-re- admit or otherwise provide status to a non- 101(a)(15)(H)(ii)(b) of the Immigration and lated grounds for inadmissibility and immigrant worker under section Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) 101(a)(15)(H)(ii)(b) or a willful misrepresenta- during the previous fiscal year; removal, to ensure expeditious con- tion of a material fact in such petition— ‘‘(B) the number of aliens who had such a struction of the San Diego border ‘‘(i) the Secretary of Homeland Security visa or such status expire or be revoked or fence, and for other purposes; which may, in addition to any other remedy au- otherwise terminated during each month of was ordered to lie on the table; as fol- thorized by law, impose such administrative such fiscal year; and lows: remedies (including civil monetary penalties ‘‘(C) the number of aliens who were pro- On page 231, after line 6, add the following: in an amount not to exceed $10,000 per viola- vided nonimmigrant status under such sec- SEC. 6047. STATE REGULATION OF RESIDENT tion) as the Secretary of Homeland Security tion during both such fiscal year and the pre- AND NONRESIDENT HUNTING AND determines to be appropriate; and ceding fiscal year. FISHING. ‘‘(ii) the Secretary of Homeland Security ‘‘(3) INFORMATION MAINTAINED BY STATE.—If (a) SHORT TITLE.—This section may be may deny petitions filed with respect to that the Secretary of Homeland Security deter- cited as the ‘‘Reaffirmation of State Regula- employer under section 204 or paragraph (1) mines that information maintained by the tion of Resident and Nonresident Hunting of this subsection during a period of at least Secretary of State is required to make a sub- and Fishing Act of 2005’’. 1 year but not more than 5 years for aliens to mission described in paragraph (1) or (2), the (b) DECLARATION OF POLICY AND CONSTRUC- be employed by the employer. Secretary of State shall provide such infor- TION OF CONGRESSIONAL SILENCE.— ‘‘(iii) The Secretary of Homeland Security mation to the Secretary of Homeland Secu- (1) IN GENERAL.—It is the policy of Con- may delegate to the Secretary of Labor, with rity upon request.’’. gress that it is in the public interest for each

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.084 S13PT1 S3596 CONGRESSIONAL RECORD — SENATE April 13, 2005 State to continue to regulate the taking for provided members of the Armed Forces as DEPARTMENT OF DEFENSE—CIVIL any purpose of fish and wildlife within its described in that paragraph on or after that DEPARTMENT OF THE ARMY boundaries, including by means of laws or date. OPERATIONS AND MAINTENANCE, GENERAL regulations that differentiate between resi- (b) TELEPHONE BENEFITS.— dents and nonresidents of such State with re- For an additional amount for the Sec- (1) PROVISION OF ACCESS TO TELEPHONE spect to the availability of licenses or per- retary of the Army, acting through the Chief SERVICE.—The Secretary of Defense shall mits for taking of particular species of fish of Engineers, to repair damage caused by provide each member of the Armed Forces or wildlife, the kind and numbers of fish and flooding in the Kaskaskia River during Janu- who is undergoing in any month medical re- wildlife that may be taken, or the fees ary, 2005, to the Lake Shelbyville and cuperation or therapy, or is otherwise in the charged in connection with issuance of li- Carlyle Lake projects, $5,400,000, to remain status of ‘‘medical hold’’, in a military treat- censes or permits for hunting or fishing. available until expended: Provided, That the ment facility for an injury, illness, or disease (2) CONSTRUCTION OF CONGRESSIONAL SI- amounts provided under this heading are incurred or aggravated while on active duty LENCE.—Silence on the part of Congress shall designated as an emergency requirement in the Armed Forces in Operation Iraqi Free- not be construed to impose any barrier under pursuant to section 402 of the conference re- dom or Operation Enduring Freedom access clause 3 of Section 8 of Article I of the Con- port to accompany S. Con. Res. 95 (108th Con- stitution (commonly referred to as the to telephone service at or through such mili- gress). ‘‘commerce clause’’) to the regulation of tary treatment facility in an amount for hunting or fishing by a State or Indian tribe. such month equivalent to the amount speci- SA 392. Mr. OBAMA submitted an (c) LIMITATIONS.—Nothing in this section fied in paragraph (2). amendment intended to be proposed by shall be construed— (2) MONTHLY AMOUNT OF ACCESS.—The him to the bill H.R. 1268, making emer- (1) to limit the applicability or effect of amount of access to telephone service pro- gency supplemental appropriations for any Federal law related to the protection or vided a member of the Armed Forces under the fiscal year ending September 30, management of fish or wildlife or to the reg- paragraph (1) in a month shall be the number of calling minutes having a value equivalent 2005, to establish and rapidly imple- ulation of commerce; ment regulations for State driver’s li- (2) to limit the authority of the United to $40. States to prohibit hunting or fishing on any (3) ELIGIBILITY AT ANY TIME DURING cense and identification document se- portion of the lands owned by the United MONTH.—A member of the Armed Forces who curity standards, to prevent terrorists States; or is eligible for the provision of telephone from abusing the asylum laws of the (3) to abrogate, abridge, affect, modify, su- service under this subsection at any time United States, to unify terrorism-re- persede or alter any treaty-reserved right or during a month shall be provided access to lated grounds for inadmissibility and other right of any Indian tribe as recognized such service during such month in accord- removal, to ensure expeditious con- by any other means, including, but not lim- ance with that paragraph, regardless of the struction of the San Diego border date of the month on which the member first ited to, agreements with the United States, fence, and for other purposes; which Executive Orders, statutes, and judicial de- becomes eligible for the provision of tele- crees, and by Federal law. phone service under this subsection. was ordered to lie on the table; as fol- (d) STATE DEFINED.—For purposes of this (4) USE OF EXISTING RESOURCES.—In car- lows: section, the term ‘‘State’’ includes the sev- rying out this subsection, the Secretary On page 169, between lines 8 and 9, insert eral States, the District of Columbia, the shall maximize the use of existing Depart- the following: Commonwealth of Puerto Rico, Guam, the ment of Defense telecommunications pro- EPILEPSY RESEARCH BY DEPARTMENT OF DE- Virgin Islands, American Samoa, and the grams and capabilities, private organiza- FENSE PEER REVIEWED MEDICAL RESEARCH Commonwealth of the Northern Mariana Is- tions, or other private entities offering free PROGRAM lands. or reduced-cost telecommunications serv- SEC. 1122. Of the amount appropriated or ices. SA 390. Mr. OBAMA (for himself, Mr. otherwise made available by this chapter (5) COMMENCEMENT.— under the heading ‘‘DEFENSE HEALTH PRO- GRAHAM, Mr. BINGAMAN, and Mr. (A) IN GENERAL.—This subsection shall GRAM’’, $1,000,000 shall be available for the CORZINE) submitted an amendment in- take effect on the first day of the first Department of Defense Peer Reviewed Med- tended to be proposed by him to the month beginning on or after the date of the ical Research Program for epilepsy research, bill H.R. 1268, making emergency sup- enactment of this Act. including— plemental appropriations for the fiscal (B) EXPEDITED PROVISION OF ACCESS.—The (1) research into the relationship between year ending September 30, 2005, to es- Secretary shall commence the provision of traumatic brain injury and epilepsy; and tablish and rapidly implement regula- access to telephone service under this sub- (2) research on the development of tools to tions for State driver’s license and section as soon as practicable after the date monitor epilepsy. of the enactment of this Act. identification document security (6) TERMINATION.—The Secretary shall SA 393. Mr. KENNEDY submitted an standards, to prevent terrorists from cease the provision of access to telephone abusing the asylum laws of the United amendment intended to be proposed by service under this subsection on the date him to the bill H.R. 1268, making emer- States, to unify terrorism-related this is 60 days after the later of— grounds for inadmissibility and re- (A) the date, as determined by the Sec- gency supplemental appropriations for moval, to ensure expeditious construc- retary, on which Operation Enduring Free- the fiscal year ending September 30, tion of the San Diego border fence, and dom terminates; or 2005, to establish and rapidly imple- for other purposes; which was ordered (B) the date, as so determined, on which ment regulations for State driver’s li- to lie on the table; as follows: Operation Iraqi Freedom terminates. cense and identification document se- At the appropriate place, insert the fol- curity standards, to prevent terrorists from abusing the asylum laws of the lowing: SA 391. Mr. OBAMA (for himself and United States, to unify terrorism-re- SEC. ll. BENEFITS FOR MEMBERS OF THE Mr. DURBIN) submitted an amendment ARMED FORCES RECUPERATING lated grounds for inadmissibility and FROM INJURIES INCURRED IN OPER- intended to be proposed by him to the removal, to ensure expeditious con- ATION IRAQI FREEDOM OR OPER- bill H.R. 1268, making emergency sup- struction of the San Diego border ATION ENDURING FREEDOM. plemental appropriations for the fiscal (a) PROHIBITION ON CHARGES FOR MEALS.— fence, and for other purposes; which (1) PROHIBITION.—A member of the Armed year ending September 30, 2005, to es- was ordered to lie on the table; as fol- Forces entitled to a basic allowance for sub- tablish and rapidly implement regula- lows: sistence under section 402 of title 37, United tions for State driver’s license and At the appropriate place, insert the fol- States Code, who is undergoing medical re- identification document security lowing: cuperation or therapy, or is otherwise in the standards, to prevent terrorists from SEC. ll. IMPLEMENTATION OF MISSION status of ‘‘medical hold’’, in a military treat- CHANGES AT SPECIFIC VETERANS ment facility for an injury, illness, or disease abusing the asylum laws of the United HEALTH ADMINISTRATION FACILI- incurred or aggravated while on active duty States, to unify terrorism-related TIES. in the Armed Forces in Operation Iraqi Free- grounds for inadmissibility and re- (a) IN GENERAL.—Section 414 of the Vet- dom or Operation Enduring Freedom shall moval, to ensure expeditious construc- erans Health Programs Improvement Act of not, during any month in which so entitled, 2004, is amended by adding at the end the fol- be required to pay any charge for meals pro- tion of the San Diego border fence, and lowing: vided such member by the military treat- for other purposes; which was ordered ‘‘(h) DEFINITION.—In this section, the term ment facility. to lie on the table; as follows: ‘medical center’ includes any outpatient (2) EFFECTIVE DATE.—The limitation in clinic.’’. paragraph (1) shall take effect on January 1, At the appropriate place, insert the fol- (b) EFFECTIVE DATE.—The amendment 2005, and shall apply with respect to meals lowing: made by subsection (a) shall take effect as if

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.084 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3597 included in the Veterans Health Programs rorism-related grounds for inadmis- tended to be proposed by him to the Improvement Act of 2004 (Public Law 108– sibility and removal, to ensure expedi- bill H.R. 1268, making emergency sup- 422). tious construction of the San Diego plemental appropriations for the fiscal SA 394. Mr. WARNER submitted an border fence, and for other purposes; as year ending September 30, 2005, to es- amendment intended to be proposed by follows: tablish and rapidly implement regula- her to the bill H.R. 1268, making emer- At the appropriate place, insert the fol- tions for State driver’s license and gency supplemental appropriations for lowing: identification document security the fiscal year ending September 30, SEC. ll. SENSE OF THE SENATE. standards, to prevent terrorists from 2005, to establish and rapidly imple- It is the sense of the Senate that— abusing the asylum laws of the United (1) the Senate conferees should not agree ment regulations for State driver’s li- States, to unify terrorism-related to the inclusion of language from division B grounds for inadmissibility and re- cense and identification document se- of the Act (as passed by the House of Rep- curity standards, to prevent terrorists resentatives on March 16, 2005) in the con- moval, to ensure expeditious construc- from abusing the asylum laws of the ference report; tion of the San Diego border fence, and United States, to unify terrorism-re- (2) the language referred to in paragraph for other purposes; which was ordered lated grounds for inadmissibility and (1) is contained in H.R. 418, which was— to lie on the table; as follows: removal, to ensure expeditious con- (A) passed by the House of Representatives On page 231, after line 6, add the following: struction of the San Diego border on February 10, 2005; and TITLE VII—SPECIAL COMMITTEE OF fence, and for other purposes; which (B) referred to the Committee on the Judi- SENATE ON WAR AND RECONSTRUC- ciary of the Senate on February 17, 2005; and TION CONTRACTING was ordered to lie on the table; as fol- (3) the Committee on the Judiciary is the lows: SEC. 7001. FINDINGS. appropriate committee to address this mat- Congress makes the following findings: On page 169, between lines 8 and 9, insert ter. the following: (1) The wars in Iraq and Afghanistan have exerted very large demands on the Treasury RE-USE AND REDEVELOPMENT OF CLOSED OR SA 396. Mr. KOHL submitted an of the United States and required tremen- REALIGNED MILITARY INSTALLATIONS amendment intended to be proposed by dous sacrifice by the members of the Armed SEC. 1122 (a) In order to assist communities him to the bill H.R. 1268, making emer- Forces of the United States. with preparations for the results of the 2005 gency supplemental appropriations for (2) Congress has a constitutional responsi- round of defense base closure and realign- the fiscal year ending September 30, bility to ensure comprehensive oversight of ment, and consistent with assistance pro- 2005, to establish and rapidly imple- the expenditure of United States Govern- vided to communities by the Department of ment regulations for State driver’s li- ment funds. Defense in previous rounds of base closure (3) Waste and corporate abuse of United and realignment, the Secretary of Defense cense and identification document se- curity standards, to prevent terrorists States Government resources are particu- shall, not later than July 15, 2005, submit to larly unacceptable and reprehensible during the congressional defense committees a re- from abusing the asylum laws of the times of war. port on the processes and policies of the Fed- United States, to unify terrorism-re- (4) The magnitude of the funds involved in eral Government for disposal of property at lated grounds for inadmissibility and the reconstruction of Afghanistan and Iraq military installations proposed to be closed removal, to ensure expeditious con- and the war on terrorism, together with the or realigned as part of the 2005 round of base struction of the San Diego border speed with which these funds have been com- closure and realignment, and the assistance mitted, presents a challenge to the effective available to affected local communities for fence, and for other purposes; which was ordered to lie on the table; as fol- performance of the traditional oversight re-use and redevelopment decisions. function of Congress and the auditing func- (b) The report under subsection (a) shall lows: tions of the executive branch. include— At the appropriate place, insert the fol- (5) The Senate Special Committee to Inves- (1) a description of the processes of the lowing: tigate the National Defense Program, popu- Federal Government for disposal of property SEC. ll. DEFINITION OF IMMEDIATE REL- larly know as the Truman Committee, which at military installations proposed to be ATIVES. was established during World War II, offers a closed or realigned; Section 201(b)(2)(A)(i) of the Immigration constructive precedent for bipartisan over- (2) a description of Federal Government and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) sight of wartime contracting that can also policies for providing re-use and redevelop- is amended by inserting ‘‘In the case of a be extended to wartime and postwar recon- ment assistance; parent of a citizen of the United States who struction activities. (3) a catalogue of community assistance has a child (as defined in section 101(b)(1)), (6) The Truman Committee is credited with programs that are provided by the Federal the child shall be considered, for purposes of an extremely successful investigative effort, Government related to the re-use and rede- this subsection, to be an immediate relative performance of a significant public edu- velopment of closed or realigned military in- if accompanying or following to join the par- cation role, and achievement of fiscal sav- stallations; ent.’’ after ‘‘21 years of age.’’. ings measured in the billions of dollars. (4) a description of the services, policies, (7) The public has a right to expect that and resources of the Department of Defense SA 397. Mr. LEVIN submitted an taxpayer resources will be carefully dis- that are available to assist communities af- amendment intended to be proposed by bursed and honestly spent. fected by the closing or realignment of mili- him to the bill H.R. 1268, making emer- SEC. 7002. SPECIAL COMMITTEE ON WAR AND RE- tary installations as a result of the 2005 gency supplemental appropriations for CONSTRUCTION CONTRACTING. round of base closure and realignment; the fiscal year ending September 30, There is established a special committee of (5) guidance to local communities on the the Senate to be known as the Special Com- establishment of local redevelopment au- 2005, to establish and rapidly imple- ment regulations for State driver’s li- mittee on War and Reconstruction Con- thorities and the implementation of a base tracting (hereafter in this title referred to as redevelopment plan; and cense and identification document se- the ‘‘Special Committee’’). (6) a description of the policies and respon- curity standards, to prevent terrorists SEC. 7003. PURPOSE AND DUTIES. sibilities of the Department of Defense re- from abusing the asylum laws of the (a) PURPOSE.—The purpose of the Special lated to environmental clean-up and restora- United States, to unify terrorism-re- Committee is to investigate the awarding tion of property disposed by the Federal Gov- lated grounds for inadmissibility and and performance of contracts to conduct ernment. removal, to ensure expeditious con- military, security, and reconstruction ac- SA 395. Mrs. FEINSTEIN (for herself, struction of the San Diego border tivities in Afghanistan and Iraq and to sup- port the prosecution of the war on terrorism. ROWNBACK IEBERMAN fence, and for other purposes; which Mr. B , Mr. L , Mr. (b) DUTIES.—The Special Committee shall ALEXANDER, Mr. LEAHY, Mrs. CLINTON, was ordered to lie on the table; as fol- examine the contracting actions described in and Mrs. BOXER) proposed an amend- lows: subsection (a) and report on such actions, in ment to the bill H.R. 1268, making On page 231, between lines 3 and 4, insert accordance with this section, regarding— emergency supplemental appropria- the following: (1) bidding, contracting, accounting, and tions for the fiscal year ending Sep- SEC. 6047. Section 426(d) of the Water Re- auditing standards for Federal Government sources Development Act of 1999 (113 Stat. contracts; tember 30, 2005, to establish and rapidly 326) is amended by striking ‘‘$400,000’’ and in- implement regulations for State driv- (2) methods of contracting, including sole- serting ‘‘$475,000’’. source contracts and limited competition or er’s license and identification docu- noncompetitive contracts; ment security standards, to prevent SA 398. Mr. DORGAN (for himself, (3) subcontracting under large, comprehen- terrorists from abusing the asylum Mr. DURBIN, Mr. LAUTENBERG, and Mr. sive contracts; laws of the United States, to unify ter- HARKIN) submitted an amendment in- (4) oversight procedures;

VerDate Aug 04 2004 05:27 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.090 S13PT1 S3598 CONGRESSIONAL RECORD — SENATE April 13, 2005 (5) consequences of cost-plus and fixed tion, study, and hearings conducted by the the committee or committees that have ju- price contracting; Special Committee shall be governed by the risdiction over the subject matter of the re- (6) allegations of wasteful and fraudulent Standing Rules of the Senate. port. practices; (b) ADDITIONAL RULES AND PROCEDURES.— SEC. 7008. ADMINISTRATIVE PROVISIONS. (7) accountability of contractors and Gov- The Special Committee may adopt addi- (a) STAFF.— ernment officials involved in procurement tional rules or procedures if the chairman (1) IN GENERAL.—The Special Committee and contracting; and ranking member agree that such addi- may employ in accordance with paragraph (8) penalties for violations of law and tional rules or procedures are necessary to (2) a staff composed of such clerical, inves- abuses in the awarding and performance of enable the Special Committee to conduct the tigatory, legal, technical, and other per- Government contracts; and investigation, study, and hearings author- sonnel as the Special Committee, or the (9) lessons learned from the contracting ized by this resolution. Any such additional chairman or the ranking member, considers process used in Iraq and Afghanistan and in rules and procedures— necessary or appropriate. connection with the war on terrorism with (1) shall not be inconsistent with this reso- (2) APPOINTMENT OF STAFF.— respect to the structure, coordination, man- lution or the Standing Rules of the Senate; (A) IN GENERAL.—The Special Committee agement policies, and procedures of the Fed- and shall appoint a staff for the majority, a staff eral Government. (2) shall become effective upon publication for the minority, and a nondesignated staff. (c) INVESTIGATION OF WASTEFUL AND in the Congressional Record. (B) MAJORITY STAFF.—The majority staff FRAUDULENT PRACTICES.—The investigation SEC. 7006. AUTHORITY OF SPECIAL COMMITTEE. shall be appointed, and may be removed, by by the Special Committee of allegations of (a) IN GENERAL.—The Special Committee the chairman and shall work under the gen- wasteful and fraudulent practices under sub- may exercise all of the powers and respon- eral supervision and direction of the chair- section (b)(6) shall include investigation of sibilities of a committee under rule XXVI of man. allegations regarding any contract or spend- the Standing Rules of the Senate. (C) MINORITY STAFF.—The minority staff ing entered into, supervised by, or otherwise (b) HEARINGS.—The Special Committee or, shall be appointed, and may be removed, by involving the Coalition Provisional Author- at its direction, any subcommittee or mem- the ranking member of the Special Com- ity, regardless of whether or not such con- ber of the Special Committee, may, for the mittee, and shall work under the general su- tract or spending involved appropriated purpose of carrying out this resolution— pervision and direction of such member. funds of the United States. (1) hold such hearings, sit and act at such (D) NONDESIGNATED STAFF.—Nondesignated (d) EVIDENCE CONSIDERED.—In carrying out times and places, take such testimony, re- staff shall be appointed, and may be re- its duties, the Special Committee shall as- ceive such evidence, and administer such moved, jointly by the chairman and the certain and evaluate the evidence developed oaths as the Special Committee or such sub- ranking member, and shall work under the by all relevant governmental agencies re- committee or member considers advisable; joint general supervision and direction of the garding the facts and circumstances relevant and chairman and ranking member. to contracts described in subsection (a) and (2) require, by subpoena or otherwise, the (b) COMPENSATION.— any contract or spending covered by sub- attendance and testimony of such witnesses (1) MAJORITY STAFF.—The chairman shall section (c). and the production of such books, records, fix the compensation of all personnel of the SEC. 7004. COMPOSITION OF SPECIAL COM- correspondence, memoranda, papers, docu- majority staff of the Special Committee. MITTEE. ments, tapes, and materials as the Special (2) MINORITY STAFF.—The ranking member (a) MEMBERSHIP.— Committee considers advisable. shall fix the compensation of all personnel of (1) IN GENERAL.—The Special Committee (c) ISSUANCE AND ENFORCEMENT OF SUB- the minority staff of the Special Committee. shall consist of 7 members of the Senate of POENAS.— (3) NONDESIGNATED STAFF.—The chairman whom— (1) ISSUANCE.—Subpoenas issued under sub- and ranking member shall jointly fix the (A) 4 members shall be appointed by the section (b) shall bear the signature of the compensation of all nondesignated staff of President pro tempore of the Senate, in con- Chairman of the Special Committee and the Special Committee, within the budget sultation with the majority leader of the shall be served by any person or class of per- approved for such purposes for the Special Senate; and sons designated by the Chairman for that Committee. (B) 3 members shall be appointed by the purpose. (c) REIMBURSEMENT OF EXPENSES.—The minority leader of the Senate. (2) ENFORCEMENT.—In the case of contu- Special Committee may reimburse the mem- (2) DATE.—The appointments of the mem- macy or failure to obey a subpoena issued bers of its staff for travel, subsistence, and bers of the Special Committee shall be made under subsection (a), the United States dis- other necessary expenses incurred by such not later than 90 days after the date of the trict court for the judicial district in which staff members in the performance of their enactment of this Act. the subpoenaed person resides, is served, or functions for the Special Committee. (b) VACANCIES.—Any vacancy in the Spe- may be found may issue an order requiring (d) PAYMENT OF EXPENSES.—There shall be cial Committee shall not affect its powers, such person to appear at any designated paid out of the applicable accounts of the but shall be filled in the same manner as the place to testify or to produce documentary Senate such sums as may be necessary for original appointment. or other evidence. Any failure to obey the the expenses of the Special Committee. Such (c) SERVICE.—Service of a Senator as a order of the court may be punished by the payments shall be made on vouchers signed member, chairman, or ranking member of court as a contempt of that court. by the chairman of the Special Committee the Special Committee shall not be taken (d) MEETINGS.—The Special Committee and approved in the manner directed by the into account for the purposes of paragraph may sit and act at any time or place during Committee on Rules and Administration of (4) of rule XXV of the Standing Rules of the sessions, recesses, and adjournment periods the Senate. Amounts made available under Senate. of the Senate. this subsection shall be expended in accord- (d) CHAIRMAN AND RANKING MEMBER.—The SEC. 7007. REPORTS. ance with regulations prescribed by the Com- chairman of the Special Committee shall be (a) INITIAL REPORT.—The Special Com- mittee on Rules and Administration of the designated by the majority leader of the Sen- mittee shall submit to the Senate a report Senate. ate, and the ranking member of the Special on the investigation conducted pursuant to SEC. 7009. TERMINATION. Committee shall be designated by the minor- section 7003 not later than 270 days after the The Special Committee shall terminate on ity leader of the Senate. appointment of the Special Committee mem- February 28, 2007. (e) QUORUM.— bers. SEC. 7010. SENSE OF SENATE ON CERTAIN (1) REPORTS AND RECOMMENDATIONS.—A ma- (b) UPDATED REPORT.—The Special Com- CLAIMS REGARDING THE COALITION jority of the members of the Special Com- mittee shall submit an updated report on PROVISIONAL AUTHORITY. mittee shall constitute a quorum for the pur- such investigation not later than 180 days It is the sense of the Senate that any claim pose of reporting a matter or recommenda- after the submission of the report under sub- of fraud, waste, or abuse under the False tion to the Senate. section (a). Claims Act that involves any contract or (2) TESTIMONY.—One member of the Special (c) ADDITIONAL REPORTS.—The Special spending by the Coalition Provisional Au- Committee shall constitute a quorum for the Committee may submit any additional re- thority should be considered a claim against purpose of taking testimony. port or reports that the Special Committee the United States Government. (3) OTHER BUSINESS.—A majority of the considers appropriate. 1 members of the Special Committee, or ⁄3 of (d) FINDINGS AND RECOMMENDATIONS.—The SA 399. Mr. DORGAN submitted an the members of the Special Committee if at reports under this section shall include find- amendment intended to be proposed by least one member of the minority party is ings and recommendations of the Special him to the bill H.R. 1268, Making emer- present, shall constitute a quorum for the Committee regarding the matters considered purpose of conducting any other business of gency supplemental appropriations for under section 7003. the fiscal year ending September 30, the Special Committee. (e) DISPOSITION OF REPORTS.—Any report SEC. 7005. RULES AND PROCEDURES. made by the Special Committee when the 2005, to establish and rapidly imple- (a) GOVERNANCE UNDER STANDING RULES OF Senate is not in session shall be submitted to ment regulations for State driver’s li- SENATE.—Except as otherwise specifically the Clerk of the Senate. Any report made by cense and identification document se- provided in this resolution, the investiga- the Special Committee shall be referred to curity standards, to prevent terrorists

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.087 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3599 from abusing the asylum laws of the and Mr. OBAMA)) proposed an amend- On page 194, line 19, after the colon insert United States, to unify terrorism-re- ment to the bill H.R. 1268, Making the following: lated grounds for inadmissibility and emergency supplemental appropria- Provided further, That funds appropriated removal, to ensure expeditious con- tions for the fiscal year ending Sep- under this heading shall be subject to the regular notification procedures of the Com- struction of the San Diego border tember 30, 2005, to establish and rapidly mittees on Appropriations, except that such fence, and for other purposes; which implement regulations for State driv- notifications shall be submitted no less than was ordered to lie on the table; as fol- er’s license and identification docu- five days prior to the obligation of funds: lows: ment security standards, to prevent At the end of the bill, add the following: terrorists from abusing the asylum SA 406. Mr. BAYH (for himself, Mr. SEC. ll. (a) None of the funds appro- laws of the United States, to unify ter- PRYOR, and Mr. CORZINE) proposed an priated or made available in this Act or any rorism-related grounds for inadmis- amendment to the bill H.R. 1268, Mak- other Act may be used to fund the inde- sibility and removal, to ensure expedi- ing emergency supplemental appropria- pendent counsel investigation of Henry tions for the fiscal year ending Sep- Cisneros after June 1, 2005. tious construction of the San Diego (b) Not later than July 1, 2005, the Govern- border fence, and for other purposes; as tember 30, 2005, to establish and rapidly ment Accountability Office shall provide the follows: implement regulations for State driv- Committee on Appropriations of each House On page 192, line 19, after ‘‘March 2005,’’ in- er’s license and identification docu- with a detailed accounting of the costs asso- sert ‘‘and the avian influenza virus,’’. ment security standards, to prevent ciated with the independent counsel inves- terrorists from abusing the asylum tigation of Henry Cisneros. SA 403. Mr. COCHRAN (for Mr. laws of the United States, to unify ter- LUGAR (for himself and Mr. BIDEN)) rorism-related grounds for inadmis- SA 400. Mr. JEFFORDS submitted an proposed an amendment to the bill amendment intended to be proposed by sibility and removal, to ensure expedi- H.R. 1268, Making emergency supple- tious construction of the San Diego him to the bill H.R. 1268, Making emer- mental appropriations for the fiscal gency supplemental appropriations for border fence, and for other purposes; as year ending September 30, 2005, to es- follows: the fiscal year ending September 30, tablish and rapidly implement regula- 2005, to establish and rapidly imple- On page 170 between lines 14 and 15, insert tions for State driver’s license and the following: ment regulations for State driver’s li- identification document security CHAPTER 3 cense and identification document se- standards, to prevent terrorists from curity standards, to prevent terrorists abusing the asylum laws of the United SEC. 1201. SHORT TITLE. This chapter may be cited as the ‘‘Patriot from abusing the asylum laws of the States, to unify terrorism-related United States, to unify terrorism-re- Penalty Elimination Act of 2005’’. grounds for inadmissibility and re- SEC. 1202. INCOME PRESERVATION PAY FOR RE- lated grounds for inadmissibility and moval, to ensure expeditious construc- SERVES SERVING ON ACTIVE DUTY removal, to ensure expeditious con- tion of the San Diego border fence, and IN SUPPORT OF A CONTINGENCY OP- struction of the San Diego border for other purposes; as follows: ERATION. (a) AUTHORITY.—Chapter 1209 of title 10, fence, and for other purposes; which On page 171, line 13, strike ‘‘$757,700,000’’ United States Code, is amended by inserting was ordered to lie on the table; as fol- and insert ‘‘$767,200,000’’. after section 12316 the following new section: lows: On page 171, line 21, after ‘‘education:’’ in- ‘‘§ 12316a. Reserves: income preservation pay At the appropriate place, insert the fol- sert the following ‘‘Provided further, That of lowing: the funds appropriated under this heading, ‘‘(a) REQUIREMENT TO PAY.—The Secretary SEC. ll. COVERAGE OF MILK PRODUCTION $17,200,000 should be made available for the of the military department concerned shall UNDER H–2A NONIMMIGRANT WORK- Office of the Coordinator for Reconstruction pay income preservation pay under this sec- ER PROGRAM. and Stabilization:’’. tion to an eligible member of a reserve com- (a) IN GENERAL.—For purposes of the ad- On page 179, line 24, strike ‘‘$40,000,000’’ and ponent of the armed forces in connection ministration of the H–2A worker program in insert ‘‘$30,500,000’’. with the member’s active-duty service as de- a year, work performed in the production of scribed in subsection (b). milk for commercial use for a period not to SA 404. Mr. COCHRAN (for Mr. ‘‘(b) ELIGIBLE MEMBER.—A member is eligi- ble for income preservation pay if— exceed 10 months shall qualify as agriculture LEAHY) proposed an amendment to the labor or services of a seasonal nature. bill H.R. 1268, making emergency sup- ‘‘(1) in the case of a member who is an em- (b) DEFINITIONS.—In this section: ployee of the Federal Government— plemental appropriations for the fiscal (1) H–2A NONIMMIGRANT WORKER PROGRAM.— ‘‘(A) the member is called or ordered to ac- The term ‘‘H–2A nonimmigrant worker pro- year ending September 30, 2005, to es- tive duty (other than voluntarily) under a gram’’ means the program for the admission tablish and rapidly implement regula- provision of law referred to in section to the United States of H–2A nonimmigrant tions for State driver’s license and 101(a)(13)(B) of this title; workers. identification document security ‘‘(B) pursuant to such call or order, the (2) H–2A NONIMMIGRANT WORKERS.—The standards, to prevent terrorists from member serves on active duty outside the term ‘‘H–2A worker’’ means a nonimmigrant abusing the asylum laws of the United United States during at least 6 out of 12 con- alien described in section 101(a)(15)(H)(ii)(a) States, to unify terrorism-related secutive months; and of the Immigration and Nationality Act (8 ‘‘(C) with respect to such active-duty serv- U.S.C. 1101(a)(15)(H)(ii)(a)). grounds for inadmissibility and re- ice, the amount of the member’s preservice moval, to ensure expeditious construc- earned income determined under subpara- SA 401. Mr. COCHRAN (for Mr. tion of the San Diego border fence, and graph (A) of subsection (c)(1) exceeds the MCCONNELL) proposed an amendment for other purposes; as follows: amount of the member’s military service in- to the bill H.R. 1268, Making emer- On page 194, line 7, delete ‘‘Aceh’’ and ev- come determined under subparagraph (B) of gency supplemental appropriations for erything thereafter through ‘‘Service’’ on such subsection; or the fiscal year ending September 30, line 9, and insert in lieu thereof: ‘‘(2) in the case of any other member, the tsunami affected countries member— 2005, to establish and rapidly imple- ‘‘(A) meets the requirements of paragraph ment regulations for State driver’s li- SA 405. Mr. COCHRAN (for Mr. (1); and cense and identification document se- LEAHY) proposed an amendment to the ‘‘(B) is not receiving employment income curity standards, to prevent terrorists bill H.R. 1268, making emergency sup- preservation payments from the qualifying employer of the member as described in sec- from abusing the asylum laws of the plemental appropriations for the fiscal United States, to unify terrorism-re- tion 12316b of this title. year ending September 30, 2005, to es- ‘‘(c) AMOUNT.—(1) Subject to paragraph (2), lated grounds for inadmissibility and tablish and rapidly implement regula- removal, to ensure expeditious con- the amount payable under this section to a tions for State driver’s license and member in connection with active-duty serv- struction of the San Diego border identification document security ice is the amount equal to the excess (if any) fence, and for other purposes; as fol- standards, to prevent terrorists from of— lows: abusing the asylum laws of the United ‘‘(A) the amount computed by multi- On page 193, line 23 of the bill, strike States, to unify terrorism-related plying— ‘‘$500,000’’ and insert in lieu thereof: ‘‘(i) the preservice average monthly earned ‘‘$1,000,000’’. grounds for inadmissibility and re- income of the member, by moval, to ensure expeditious construc- ‘‘(ii) the total number of the member’s SA 402. Mr. COCHRAN (for Mr. tion of the San Diego border fence, and service months for such active-duty service, MCCONNELL (for himself, Mr. LEAHY, for other purposes; as follows: over

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.085 S13PT1 S3600 CONGRESSIONAL RECORD — SENATE April 13, 2005 ‘‘(B) the amount computed by multi- striking the item relating to section 12316 active duty as described in subsection (c) plying— and inserting the following new items: shall be computed by dividing— ‘‘(i) the military service average monthly ‘‘12316. Reserves: payment of other entitle- ‘‘(1) the number of months of employment income of the member, by ment instead of pay and allow- of the member with the qualifying employer ‘‘(ii) the total number of months deter- ances. during the 12-month period preceding the mined under subparagraph (A)(ii). ‘‘12316a. Reserves: income preservation member’s commencement on active duty as ‘‘(2) The total amount of income preserva- pay.’’. described in subsection (c); into tion pay that is paid to a member under this (d) EFFECTIVE DATE.—Section 12316a of ‘‘(2) the total amount of the member’s section may not exceed $10,000. title 10, United States Code (as added by sub- wage or salary paid by the qualifying em- ‘‘(d) PRESERVICE AVERAGE MONTHLY section (a)), shall take effect as of January 1, ployer during such months. EARNED INCOME.—For the purposes of this 2003, and shall apply with respect to active- ‘‘(f) MILITARY SERVICE AVERAGE MONTHLY section, the preservice average monthly duty service that begins on or after such INCOME.—For the purposes of this section, earned income of a member who serves on date. the military service average monthly income active duty as described in subsection (b) of a member who serves on active duty as de- SEC. 1203. EMPLOYMENT INCOME PRESERVATION shall be computed by dividing 12 into the ASSISTANCE GRANTS FOR EMPLOY- scribed in subsection (c) is the amount deter- total amount of the member’s earned income ERS OF RESERVES. mined by dividing— for the 12 months immediately preceding the (a) AUTHORITY.—Chapter 1209 of title 10, ‘‘(1) the sum of the total amount of the member’s first service month of the period United States Code, as amended by section member’s earned income (other than basic for which income preservation pay is to be 1202(a) of this chapter, is further amended by pay, special and incentive pays, and allow- paid to the member under this section. inserting after section 12316a the following ances) and the total amount of the member’s ‘‘(e) MILITARY SERVICE AVERAGE MONTHLY new section: basic pay (under section 204 of title 37), any INCOME.—For the purposes of this section, ‘‘§ 12316b. Reserves: employment income pres- special and incentive pays paid to the mem- the military service average monthly income ervation assistance grants for employers of ber (under chapter 5 of title 37), and any al- of a member who serves on active duty as de- reserves lowances paid to the member (under chapter scribed in subsection (b) is the amount deter- 7 of title 37) for the member’s service months mined by dividing— ‘‘(a) REQUIREMENT TO MAKE GRANTS.—The for such active-duty service, by ‘‘(1) the sum of the total amount of the Secretary of the military department con- ‘‘(2) the total number of such months. cerned shall make a grant to each qualifying member’s earned income (other than basic ‘‘(g) DEFINITIONS.—In this section: pay, special and incentive pays, and allow- employer to assist such employer in making ‘‘(1) The term ‘‘earned income’’ has the ances) and the total amount of the member’s employment income preservation payments meaning given such term in section 32(c)(2) basic pay (under section 204 of title 37), any to a covered member of a reserve component of the Internal Revenue Code of 1986. special and incentive pays paid to the mem- of the armed forces who is an employee of ‘‘(2) The term ‘service month’, with respect ber (under chapter 5 of title 37), and any al- such employer to assist the member in pre- to service of a member of a reserve compo- lowances paid to the member (under chapter serving the preservice average monthly wage nent of the armed forces on active duty, 7 of title 37) for the member’s service months or salary of the member in connection with means a month during any part of which the for such active-duty service, by the member’s active-duty service as de- member serves on active duty. scribed in subsection (c). ‘‘(2) the total number of such months. ‘‘(h) TERMINATION OF AUTHORITY.—This sec- ‘‘(b) QUALIFYING EMPLOYER.—(1) Except as ‘‘(f) TIME AND MANNER OF PAYMENT.—(1) tion shall cease to be effective on the first provided in paragraph (2), for the purposes of Subject to paragraph (2), the total amount of day of the first month that begins on or after this section, a qualifying employer is any income preservation pay that is payable the date that is five years after the date of employer who makes employment income under this section to a member in connec- the enactment of the Patriot Penalty Elimi- preservation payments to a covered member tion with service on active duty is due and nation Act of 2005.’’. to assist the member in preserving the payable, in one lump sum, not later than 30 (b) CLERICAL AMENDMENT.—The table of preservice average monthly wage or salary of days after the date on which the member is sections at the beginning of chapter 1209 of the member in connection with the mem- released from the active duty. title 10, United States Code, as amended by ber’s active-duty service as described in sub- ‘‘(2) The Secretary concerned may make section 1202(c) of this chapter, is further by section (c). advance payment of income preservation pay inserting after the item relating to section ‘‘(2) A State or local government is not a in whole or in part under this section to a 12316a the following new item: qualifying employer for the purpose of this member, under such terms and conditions as ‘‘12316b. Reserves: income preservation as- the Secretary determines appropriate, if it is section. ‘‘(c) COVERED MEMBER.—For the purposes sistance grants for employers of clear from the circumstances that it is like- of this section, a member is a covered mem- reserves.’’. ly that the member’s active-duty service will ber if— satisfy the requirements of subsection (b). In (c) EFFECTIVE DATE.—Section 12316b of ‘‘(1) the member is called or ordered to ac- any case in which advance payment is made title 10, United States Code (as added by sub- tive duty (other than voluntarily) under a to a member whose period of such active- section (a)), shall take effect as of January 1, provision of law referred to in section duty service does not satisfy such require- 2003, and shall apply with respect to active- 101(a)(13)(B) of this title; ments, the Secretary concerned may waive duty service that begins on or after such ‘‘(2) pursuant to such call or order, the recoupment of the advance payment if the date. member serves on active duty outside the Secretary determines that recoupment United States during at least 6 out of 12 con- would be against equity and good conscience SA 407. Mr. REID submitted an secutive months; and or would be contrary to the best interests of amendment intended to be proposed by ‘‘(3) with respect to such active-duty serv- the United States. him to the bill H.R. 1268, Making emer- ice, the amount of the member’s preservice ‘‘(g) DEFINITIONS.—In this section: gency supplemental appropriations for average monthly wage or salary (as deter- ‘‘(1) The term ‘‘earned income’’ has the mined under subsection (e)) exceeds the the fiscal year ending September 30, meaning given such term in section 32(c)(2) amount of the member’s military service av- 2005, to establish and rapidly imple- of the Internal Revenue Code of 1986. erage monthly income (as determined under ment regulations for State driver’s li- ‘‘(2) The term ‘service month’, with respect subsection (f)). cense and identification document se- to service of a member of a reserve compo- ‘‘(d) EMPLOYMENT INCOME PRESERVATION nent of the armed forces on active duty, curity standards, to prevent terrorists PAYMENTS.—(1) For the purposes of this sec- means a month during any part of which the from abusing the asylum laws of the tion, employment income preservation pay- member serves on active duty. United States, to unify terrorism-re- ments are any payments made by a quali- ‘‘(h) TERMINATION OF AUTHORITY.—This sec- lated grounds for inadmissibility and fying employer to a covered member in con- tion shall cease to be effective on the first nection with the active-duty service of the removal, to ensure expeditious con- day of the first month that begins on or after member described in subsection (c) in order struction of the San Diego border the date that is five years after the date of to make up any excess of the member’s fence, and for other purposes; which the enactment of the Patriot Penalty Elimi- preservice average monthly wage or salary nation Act of 2005.’’. was ordered to lie on the table; as fol- over the member’s military service average (b) RECHARACTERIZATION OF EXISTING SEC- lows: monthly income. TION ON PAYMENT OF CERTAIN RESERVES ON On page 211, strike lines 3 through 8 and in- ‘‘(2) The total amount of employment in- ACTIVE DUTY.—The heading of section 12316 sert the following: come preservation payments with respect to of title 10, United States Code, is amended to a covered member for which a grant may be AGRICULTURAL AND NATURAL RESOURCES OF read as follows: made under subsection (a) may not exceed THE WALKER RIVER BASIN ‘‘§ 12316. Reserves: payment of other entitle- $10,000. SEC. 6017. (a)(1) Using amounts made avail- ment instead of pay and allowances’’. ‘‘(e) PRESERVICE AVERAGE MONTHLY WAGE able under section 2507 of the Farm and Se- (c) CLERICAL AMENDMENT.—The table of OR SALARY.—For the purposes of this sec- curity Rural Investment Act of 2002 (43 sections at the beginning of chapter 1209 of tion, the preservice average monthly wage or U.S.C. 2211 note; Public Law 107–171), the title 10, United States Code, is amended by salary of a covered member who serves on Secretary of the Interior (referred to in this

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.091 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3601 section as the ‘‘Secretary’’), acting through SA 408. Mrs. FEINSTEIN (for herself any period of service (or portion of such pe- the Commissioner of Reclamation, shall pro- and Mrs. BOXER) submitted an amend- riod) described under section 6341(b) of title vide not more than $850,000 to pay the State ment intended to be proposed by her to 5, United States Code (as added by this sec- of Nevada’s share of the costs for the Hum- tion) that begins on or after the date of en- boldt Project conveyance required under— the bill H.R. 1268, Making emergency actment of this Act. (A) title VIII of the Clark County Con- supplemental appropriations for the servation of Public Land and Natural Re- fiscal year ending September 30, 2005, sources Act of 2002 (116 Stat. 2016); and to establish and rapidly implement SA 410. Mr. ENSIGN submitted an (B) section 217(a)(3) of the Energy and regulations for State driver’s license amendment intended to be proposed by Water Development Appropriations Act, 2004 and identification document security him to the bill H.R. 1268, Making emer- (117 Stat. 1853). standards, to prevent terrorists from gency supplemental appropriations for (2) Amounts provided under paragraph (1) may be used to pay— abusing the asylum laws of the United the fiscal year ending September 30, (A) administrative costs; States, to unify terrorism-related 2005, to establish and rapidly imple- (B) the costs associated with complying grounds for inadmissibility and re- ment regulations for State driver’s li- with— moval, to ensure expeditious construc- cense and identification document se- (i) the National Environmental Policy Act tion of the San Diego border fence, and curity standards, to prevent terrorists of 1969 (42 U.S.C. 4321 et seq.); and for other purposes; which was ordered from abusing the asylum laws of the (ii) the National Historic Preservation Act to lie on the table; as follows: United States, to unify terrorism-re- (16 U.S.C. 470 et seq.); and lated grounds for inadmissibility and (C) real estate transfer costs. On page 231, between lines 3 and 4, insert (b)(1) Using amounts made available under the following: removal, to ensure expeditious con- section 2507 of the Farm and Security Rural SEC. 6047. None of the funds made available struction of the San Diego border Investment Act of 2002 (43 U.S.C. 2211 note; by this or any other Act may be used by the fence, and for other purposes; which Public Law 107–171), the Secretary shall pro- Secretary of Energy to provide assistance to was ordered to lie on the table; as fol- vide not more than $70,000,000 to the Univer- any affected unit of local government under lows: sity of Nevada— section 116(c) of the Nuclear Waste Policy On page 231, after line 3, insert the fol- (A) to acquire from willing sellers land, Act of 1982 (42 U.S.C. 10136(c)) using a funding lowing: water, and related interests in the Walker distribution formula other than that used to (e) The referenced statement of managers River Basin, Nevada; and provide assistance for fiscal year 2004. under the heading ‘‘Community Develop- (B) to establish and administer an agricul- ment Fund’’ in title II of division G of Public tural and natural resources center, the mis- SA 409. Mr. JEFFORDS submitted an Law 108–199 is deemed to be amended with re- sion of which shall be to undertake research, amendment intended to be proposed by spect to item number 450 by striking the restoration, and educational activities in the him to the bill H.R. 1268, Making emer- ‘‘V.I.C.T.M. Family Center in Washoe Coun- Walker River Basin relating to— gency supplemental appropriations for ty, Nevada, for the construction of a facility (i) innovative agricultural water conserva- for multi-purpose social services referral and tion; the fiscal year ending September 30, 2005, to establish and rapidly imple- victim counseling;’’ and inserting ‘‘Washoe (ii) cooperative programs for environ- County, Nevada, for a facility and equipment mental restoration; ment regulations for State driver’s li- for the SART/CARES victim programs;’’. (iii) fish and wildlife habitat restoration; cense and identification document se- and curity standards, to prevent terrorists SA 411. Mr. SESSIONS (for Mr. BAU- (iv) wild horse and burro research and from abusing the asylum laws of the CUS (for himself, Mr. GRASSLEY, Ms. adoption marketing. United States, to unify terrorism-re- LANDRIEU, Mr. LOTT, Mrs. FEINSTEIN, (2) In acquiring land, water, and related in- terests under paragraph (1)(A), the Univer- lated grounds for inadmissibility and Mr. VITTER, Mr. NELSON of Florida, Mr. sity of Nevada shall make acquisitions that removal, to ensure expeditious con- BOND, and Mr. MARTINEZ)) proposed an the University determines are the most ben- struction of the San Diego border amendment to the bill H.R. 1134, to eficial to— fence, and for other purposes; which amend the Internal Revenue Code of (A) the establishment and operation of the was ordered to lie on the table; as fol- 1986 to provide for the proper tax treat- agricultural and natural resources research lows: ment of certain disaster mitigation center authorized under paragraph (1)(B); payments; as follows: and On page 231, between lines 3 and 4, insert (B) environmental restoration in the Walk- the following: Strike all after the enacting clause and in- er River Basin. SEC. 6047. VOLUNTARY LEAVE TRANSFERS FOR sert the following: (c)(1) Using amounts made available under FEDERAL EMPLOYEES WITH SEC. ll. PROPER TAX TREATMENT OF CERTAIN section 2507 of the Farm and Security Rural SPOUSES ON ACTIVE DUTY WITH DISASTER MITIGATION PAYMENTS. Investment Act of 2002 (43 U.S.C. 2211 note; THE NATIONAL GUARD OR RE- (a) QUALIFIED DISASTER MITIGATION PAY- Public Law 107–171), the Secretary shall pro- SERVES. MENTS EXCLUDED FROM GROSS INCOME.— vide not more than $10,000,000 for a water (a) IN GENERAL.—Chapter 63 of title 5, (1) IN GENERAL.—Section 139 of the Internal lease and purchase program for the Walker United States Code, is amended by inserting Revenue Code of 1986 (relating to disaster re- River Paiute Tribe. after section 6340 the following: lief payments) is amended by adding at the (2) Water acquired under paragraph (1) ‘‘§ 6341. National Guard and reserve service end the following new subsections: shall be— ‘‘(g) QUALIFIED DISASTER MITIGATION PAY- ‘‘(a) The Office of Personnel Management (A) acquired only from willing sellers; and MENTS.— shall prescribe regulations to treat any pe- (B) designed to maximize water convey- ‘‘(1) IN GENERAL.—Gross income shall not riod of service described under subsection (b) ances to Walker Lake. include any amount received as a qualified (d) Using amounts made available under in the same manner and to the same extent disaster mitigation payment. section 2507 of the Farm and Security Rural as a period of a medical emergency. ‘‘(2) QUALIFIED DISASTER MITIGATION PAY- Investment Act of 2002 (43 U.S.C. 2211 note; ‘‘(b) The period of service referred to under MENT DEFINED.—For purposes of this section, Public Law 107–171), the Secretary shall pro- subsection (a) is any period of service per- the term ‘qualified disaster mitigation pay- vide— formed by the spouse of an employee while ment’ means any amount which is paid pur- (1) $10,000,000 for tamarisk eradication, ri- that spouse— suant to the Robert T. Stafford Disaster Re- parian area restoration, and channel restora- ‘‘(1) is a member of a reserve component of lief and Emergency Assistance Act (as in ef- tion efforts within the Walker River Basin the Armed Forces as described under section fect on the date of the enactment of this sub- that are designed to enhance water delivery 10101 of title 10; and section) or the National Flood Insurance Act to Walker Lake, with priority given to ac- ‘‘(2) is serving on active duty in the Armed (as in effect on such date) to or for the ben- tivities that are expected to result in the Forces in support of a contingency operation efit of the owner of any property for hazard greatest increased water flows to Walker as defined under section 101(a)(13) of title mitigation with respect to such property. Lake; and 10.’’. Such term shall not include any amount re- (2) $5,000,000 to the United States Fish and (b) TECHNICAL AND CONFORMING AMEND- ceived for the sale or disposition of any prop- Wildlife Service, the Walker River Paiute MENT.—The table of sections for chapter 63 of erty. Tribe, and the Nevada Division of Wildlife to title 5, United States Code, is amended by in- ‘‘(3) NO INCREASE IN BASIS.—Notwith- undertake activities, to be coordinated by serting after the item relating to section 6340 standing any other provision of this subtitle, the Director of the United States Fish and the following: no increase in the basis or adjusted basis of Wildlife Service, to complete the design and ‘‘6341. National Guard and reserve serv- any property shall result from any amount implementation of the Western Inland Trout ice. ’’. excluded under this subsection with respect Initiative and Fishery Improvements in the (c) EFFECTIVE DATE.—The amendments to such property. State of Nevada with an emphasis on the made by this section shall take effect on the ‘‘(h) DENIAL OF DOUBLE BENEFIT.—Notwith- Walker River Basin. date of enactment of this Act and apply to standing any other provision of this subtitle,

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.091 S13PT1 S3602 CONGRESSIONAL RECORD — SENATE April 13, 2005 no deduction or credit shall be allowed (to COMMITTEE ON ENVIRONMENT AND PUBLIC mittee on Homeland Security and Gov- the person for whose benefit a qualified dis- WORKS ernmental Affairs be authorized to aster relief payment or qualified disaster Mr. COCHRAN. Mr. President, I ask meet on Wednesday, April 13, 2005 at mitigation payment is made) for, or by rea- unanimous consent that the Com- 11:00 a.m. to hold a business meeting to son of, any expenditure to the extent of the mittee on Environment and Public consider pending Committee business. amount excluded under this section with re- Works be authorized to meet on spect to such expenditure.’’. Wednesday, April 13, 2005 at 9:15 a.m. to AGENDA (2) CONFORMING AMENDMENTS.— (A) Subsection (d) of section 139 of such conduct a business meeting on the fol- Legislation lowing agenda: Code is amended by striking ‘‘a qualified dis- S. 21, Homeland Security Grant En- aster relief payment’’ and inserting ‘‘quali- Nominations: Stephen Johnson, nom- fied disaster relief payments and qualified inated by the President to be the Ad- hancement Act of 2005; S. 335, a bill to disaster mitigation payments’’. ministrator of the United States Envi- reauthorize the Congressional Award (B) Subsection (e) of section 139 of such ronmental Protection Agency (EPA); Act; S. 494, Federal Employee Protec- Code is amended by striking ‘‘and (f)’’ and Luis Luna, nominated by the President tion of Disclosures Act; and S. 501, a inserting ‘‘, (f), and (g)’’. to be EPA’s Assistant Administrator bill to provide a site for the National (b) CERTAIN DISPOSITIONS OF PROPERTY for Administration and Resource Man- Women’s History Museum in the Dis- UNDER HAZARD MITIGATION PROGRAMS trict of Columbia. TREATED AS INVOLUNTARY CONVERSIONS.— ager; John Paul Woodley, Jr., nomi- Section 1033 of such Code (relating to invol- nated by the President to be Assistant Committee Reports untary conversions) is amended by redesig- Secretary of the Army for Civil Works; nating subsection (k) as subsection (l) and by Major General Don Riley, United Report of the Permanent Sub- inserting after subsection (j) the following States Army, nominated by the Presi- committee on Investigations, titled: new subsection: dent to be a Member and President of ‘‘The Role of the Professional Firms in ‘‘(k) SALES OR EXCHANGES UNDER CERTAIN the Mississippi River Commission; the U.S. Tax Shelter Industry’’; and re- HAZARD MITIGATION PROGRAMS.—For pur- Brigadier General William T. Grisoli, port of the Permanent Subcommittee poses of this subtitle, if property is sold or United States Army, nominated by the on Investigations, titled: ‘‘Profiteering otherwise transferred to the Federal Govern- President to be a Member of the Mis- in a Non-Profit Industry: Abusive Prac- ment, a State or local government, or an In- tices in Credit Counseling.’’ dian tribal government to implement hazard sissippi River Commission; D. Michael mitigation under the Robert T. Stafford Dis- Rappoport, nominated by the President THE PRESIDING OFFICER. Without aster Relief and Emergency Assistance Act to be a Member of the Board of Trust- objection, it is so ordered. (as in effect on the date of the enactment of ees of the Morris K. Udall Foundation; COMMITTEE ON INDIAN AFFAIRS this subsection) or the National Flood Insur- and Michael Butler, nominated by the Mr. COCHRAN. Mr. President, I ance Act (as in effect on such date), such sale President to be a Member of the Board would like to announce that the Com- or transfer shall be treated as an involuntary of Trustees of the Morris K. Udall mittee on Indian Affairs will meet on conversion to which this section applies.’’. Foundation. (c) EFFECTIVE DATE.— Wednesday, April 13, 2005, at 9:30 a.m. Resolution: A resolution authorizing (1) QUALIFIED DISASTER MITIGATION PAY- in Room 485 of the Russell Senate Of- MENTS.—The amendments made by sub- alteration of the James L. King Fed- fice Building to conduct an oversight section (a) shall apply to amounts received eral Justice Building in Miami, Flor- hearing on Indian Health. before, on, or after the date of the enactment ida; and Committee resolution for the THE PRESIDING OFFICER. Without of this Act. Calumet Harbor and River, Illinois. objection, it is so ordered. (2) DISPOSITIONS OF PROPERTY UNDER HAZ- Legislation: Water Resources Devel- COMMITTEE ON THE JUDICIARY ARD MITIGATION PROGRAMS.—The amend- opment Act of 2005. ments made by subsection (b) shall apply to The hearing will be held in SD–406. Mr. COCHRAN. Mr. President, I ask sales or other dispositions before, on, or The PRESIDING OFFICER. Without unanimous consent that the Com- after the date of the enactment of this Act. objection, it is so ordered. mittee on Judiciary be authorized to meet to conduct a hearing on Wednes- f COMMITTEE ON FINANCE Mr. COCHRAN. Mr. President, I ask day, April 13, 2005, at 9:30 a.m. on ‘‘Se- AUTHORITY FOR COMMITTEES TO unanimous consent that the Com- curing Electronic Personal Data: MEET mittee on Finance be authorized to Striking a Balance Between Privacy meet during the session on Wednesday, and Commercial and Governmental COMMITTEE ON BANKING, HOUSING, AND URBAN April 13, 2005, at 10 a.m., to hear testi- Use.’’ The hearing will take place in AFFAIRS mony on ‘‘The U.S.-Central America- the Dirksen Senate Office Building Mr. COCHRAN. Mr. President, I ask Dominican Republic Free Trade Agree- Room 226. unanimous consent that the Com- ment.’’ Witness List mittee on Banking, Housing, and The PRESIDING OFFICER. Without Urban Affairs be authorized to meet objection, it is so ordered. Panel I: Deborah Platt Majoras, during the session of the Senate on COMMITTEE ON FOREIGN RELATIONS Chairman, Federal Trade Commission, April 13, 2005, at 10 a.m., to conduct a Mr. COCHRAN. Mr. President, I ask Washington, DC; Chris Swecker, As- hearing on ‘‘The Federal Home Loan unanimous consent that the Com- sistant Director for the Criminal Inves- Bank System.’’ mittee on Foreign Relations be author- tigative Division, Federal Bureau of In- The PRESIDING OFFICER. Without ized to meet during the session of the vestigation, Washington, DC; Larry D. objection, it is so ordered. Senate on Wednesday, April 13, 2005, at Johnson, Special Agent in Charge, COMMITTEE ON ENERGY AND NATURAL 9:30 a.m. to hold a nomination hearing. Criminal Investigative Division, U.S. RESOURCES The PRESIDING OFFICER. Without Secret Service; Washington, DC; and Mr. COCHRAN. Mr. President, I ask objection, it is so ordered. William H. Sorrell, President, National unanimous consent that the Com- COMMITTEE ON HEALTH, EDUCATION, LABOR, Association of Attorneys General, mittee on Energy and Natural Re- AND PENSIONS Montpelier, VT. sources be authorized to meet during Mr. COCHRAN. Mr. President, I ask Panel II: Douglas C. Curling, Presi- the session of the Senate on Wednes- unanimous consent that the Com- dent, Chief Operating Officer and Di- day, April 13 at 11:30 a.m. in room SD– mittee on Health, Education, Labor rector, ChoicePoint Inc., Alpharetta, 366 to consider pending calendar busi- and Pensions meet in executive session GA; Kurt P. Sanford, President & CEO, ness. during the session of the Senate on U.S. Corporate & Federal Markets, Agenda Item 1: To consider the nomi- Wednesday, April 13, 2005, at 10 a.m. in LexisNexis Group, Miamisburg, OH; nation of David Garman, to be Under SD–430. Jennifer T. Barrett, Chief Privacy Offi- Secretary of Energy. THE PRESIDING OFFICER. Without cer, Acxiom Corp., Little Rock, AR; In addition, the Committee may turn objection, it is so ordered. James X. Dempsey, Executive Director, to any other measures that are ready COMMITTEE ON HOMELAND SECURITY AND Center for Democracy & Technology, for consideration. GOVERNMENTAL AFFAIRS Washington, DC; and Robert Douglas, The PRESIDING OFFICER. Without Mr. COCHRAN. Mr. President, I ask CEO, PrivacyToday.com, Steamboat objection, it is so ordered. unanimous consent that the Com- Springs, CO.

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.089 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3603 THE PRESIDING OFFICER. Without Jantzen, a Defense fellow in the office least 100 hours illegally. And then, if objection, it is so ordered. of Senator MIKULSKI, be granted floor they worked 2,060 hours during a period SELECT COMMITTEE ON INTELLIGENCE privileges during the consideration of of 6 years, they then are adjusted to Mr. COCHRAN. Mr. President, I ask H.R. 1268, the emergency supplemental legal permanent residents, what most unanimous consent that the Select appropriations bill. people call green card holders, a status Committee on Intelligence be author- The PRESIDING OFFICER. Without that is a guaranteed track or pass to ized to meet during the session of the objection, it is so ordered. citizenship, and they can bring their Senate on April 13, 2005, at 2:30 p.m. to f families with them. This bill will take 1 million people, hold a closed hearing. IMMIGRATION LEGISLATION AND The PRESIDING OFFICER. Without and it will put them on a guaranteed THE EMERGENCY SUPPLE- objection, it is so ordered. track to citizenship, people who have MENTAL APPROPRIATIONS BILL come here illegally. SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS AND PROPERTY RIGHTS Mr. SESSIONS. Mr. President, I am Now, what about the people who have Mr. COCHRAN. Mr. President, I ask very troubled that on this Defense sup- followed these H–1B, H–2B visa pro- unanimous consent that the Sub- plemental bill, designed to provide the grams who have worked here legally? committee on the Constitution, Civil resources necessary for our soldiers in Can they get advantage of this track? Rights and Property Rights be author- the field to defend themselves and exe- Do they get put on a process by which they become citizens? No. It is only the ized to meet to conduct a hearing on cute the policy of the United States of people who are here illegally. ‘‘Less Faith in Judicial Credit: Are America against a hostile force, we are This is a bad principle. It is a matter Federal and State Marriage Protection now moving into a prolonged and con- tentious debate over one of the issues of very serious import for law. I was a Initiatives Vulnerable to Judicial Ac- Federal prosecutor for 15 years. It tivism?’’ for Wednesday, April 13, 2005 that all of us must admit is critically divisive and contentious and important hurts me to see the indifference by at 2 p.m. in SD–226. which our Nation has handled our legal Witness List: Mr. Lynn Wardle, Pro- in our country; and that is, the immi- system regarding immigration. fessor of Law, Brigham Young Univer- gration question. As we all know, the 9/11 Commission Should we allow more people to come sity, J. Reuben Clark Law School, here under legitimate conditions? Ab- Provo, UT; Mr. Gerard Bradley, Pro- made several recommendations involv- ing security issues affecting this coun- solutely. I am for that, legally. I am fessor of Law, University of Notre prepared to discuss that. But I am not Dame Law School, Notre Dame, IN.; try, particularly in identification and better control over those who would for a plan that guarantees amnesty for and Dr. Kathleen Moltz, Assistant Pro- people who have come here illegally come into our country, particularly fessor, Wayne State University School and not providing the benefits to those those trying to come in illegally. That of Medicine, Detroit, MI. who may be talented, maybe have the was debated in the intelligence bill. The PRESIDING OFFICER. Without skills we need right now, those who do Then an agreement was reached. The objection, it is so ordered. not have connections to criminal or House decided to put in that REAL ID SUBCOMMITTEE ON PERSONNEL terrorist groups. We ought to be work- language, designed to be consistent Mr. COCHRAN. Mr. President, I ask ing on that angle of it. with the recommendations of the 9/11 unanimous consent that the Sub- I am a team player and I want to see Commission for security purposes—not committee on Personnel be authorized things done right, in this Senate. I to meet during the session of the Sen- an immigration bill, security bill lan- want to see our leadership succeed. I ate on April 13, 2005, at 1:30 p.m., in guage, their version of it. This Senate want to see good policy executed. But open session to receive testimony on has not put any such language in the we are not going to take this issue active and reserve military and civil- bill at this time. lightly. I suggest that it would be an I will say this. That is one thing. I, as ian personnel programs, in review of abdication of our responsibility as Sen- the defense authorization request for a prosecutor, and somebody who has ators if we allow this to be rammed fiscal year 2006. served on the Judiciary Committee— through, attached to a bill, without the The PRESIDING OFFICER. Without and we have wrestled with this for American people knowing what we are objection, it is so ordered. some time—have come to the very firm doing. They need to know this. It is conclusion that the Sensenbrenner lan- SUBCOMMITTEE ON READINESS AND going to take some time for them to MANAGEMENT SUPPORT guage is important for our security. We learn what is being considered here. Mr. COCHRAN. Mr. President, I ask need to do something like this. We Senators need to learn what is in this unanimous consent that the Sub- have waited too long, I believe. That is bill. They don’t know yet. committee on Readiness and Manage- my view. This AgJOBS bill had 60-something ment Support be authorized to meet But now on this floor I am advised we cosponsors last year. Now I understand during the session of the Senate on are going to have the Mikulski immi- it is down to 45. Why? People are read- April 13, 2005, at 10 a.m., in open ses- gration bill offered, and then we are ing this thing. It is bad law, bad policy. sion to receive testimony on high risk going to have the Craig-Kennedy You tell me—this will be the second areas in the management of the De- AgJOBS bill, which is a bill breath- time we have passed an amnesty bill, if partment of Defense in review of the taking in its scope, an absolute legisla- AgJOBS were to become law. Passing defense authorization request for fiscal tive approval of amnesty in an incred- another amnesty bill would do nothing year 2006. ible scope, and absolutely contrary to more than send the signal to those The PRESIDING OFFICER. Without the very generous but liberal position around the world who would like to objection, it is so ordered. President Bush has taken with regard come to the United States that the SUBCOMMITTEE ON TRADE, TOURISM, AND to immigration. That is going to be run best way to become a citizen is to come ECONOMIC DEVELOPMENT through on this Defense supplemental, in illegally and hang on; they will Mr. COCHRAN. Mr. President, I ask and we are going to have to vote on it. never do anything to you, and eventu- unanimous consent that the Sub- The committees have not studied it. ally there will be another amnesty out committee on Trade, Tourism, and We have not looked at all the alter- there? That is why we are concerned Economic Development be authorized natives that might be considered or about it. to meet on S. 714—Junk Fax Preven- other legislation that I am interested Yes, there are hardship cases. Yes, we tion Act, on Wednesday, April 13, 2005, in, such as legislation that would em- want to be fair to everybody. We want at 2:30 p.m. power our local law enforcement to be to be more than fair. We want to be The PRESIDING OFFICER. Without better participants in this entire activ- generous. But we have to be careful if objection, it is so ordered. ity. All of that will be swept away, and we have any respect for law. Some- f we will come through with a bill where times people think in this body— we give a million-plus people, who are maybe they have never had to deal PRIVILEGE OF THE FLOOR here in our country illegally—they with it as I have—that laws don’t have Mrs. MURRAY. Mr. President, I ask would be granted temporary resident much import. They do. They are impor- unanimous consent that Linda status, by proving that they worked at tant. They make statements. A society

VerDate Aug 04 2004 05:27 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.093 S13PT1 S3604 CONGRESSIONAL RECORD — SENATE April 13, 2005 that cannot set rules and enforce those The PRESIDING OFFICER. Without ernment changed the rules and never rules is not a healthy society. If you objection, it is so ordered. The clerk made the recipients aware of the poten- would like to know why America is the will report the bill by title. tial tax consequences. greatest, most productive, most free The assistant journal clerk read as I compliment the House for taking up country in the history of the world, it follows: this issue and passing legislation that is our commitment to the rule of law. A bill (H.R. 1134) to amend the Internal helps taxpayers who receive mitigation This process is undermining respect Revenue Code of 1986 to provide for the prop- grants after the date of enactment. for law in a way that I have not seen er tax treatment of certain disaster mitiga- However, there is a flaw in the House tion payments. before, maybe since Prohibition. I bill. The bill clearly provides tax relief think we can improve immigration There being no objection, the Senate to ‘‘amounts received after the date of law. We can be generous with people proceeded to consider the bill. enactment.’’ What about taxpayers and try to help them and their families Mr. BAUCUS. Mr. President, today, who received mitigation grants in 2004 and create something. But it is going we will pass legislation in the Senate or 2003 and before? The chairman of the to take a good while. It is going to that provides tax relief to all Ameri- Finance Committee and I have added take some hard work. cans receiving disaster mitigation an amendment that provides absolute I for one am not going quietly on this grants from the Federal Emergency certainty for all taxpayers who re- bill. We are going to take time. We are Management Agency, FEMA. I am ceived grants in past years. Some have going to have debate. We are going to pleased that my good friend, Senator argued that the Department of the delay this important defense supple- GRASSLEY, and I, along with my col- Treasury can provide tax relief for mental bill now to go off on this tan- leagues, Senators LANDRIEU, BOND, those who received grants prior to the gent. But I hope and pray that some- FEINSTEIN, LOTT, MARTINEZ, NELSON, date of enactment by using the intent how our leadership and those who are and VITTER could work together to add gleaned from floor statements and let- interested in these issues can find a a necessary and important amendment ters from Members of Congress. Let me way to put this off for now. Let this to H.R. 1134, which exempts disaster be clear, Congress writes laws and the bill get passed. mitigation payments from taxation. clearest intent is in the letter of the Let’s talk about this issue as part of For 15 years, FEMA has awarded nat- law. If our intent is to provide tax re- a comprehensive debate. If we did that, ural disaster mitigation grants that as- lief for those who received grants be- we would be serving our constituents a sist citizens, businesses and commu- fore the date of enactment, we should lot better than what we are doing nities to take steps to prevent or miti- write it into the law. And that is what today. gate damages from future natural dis- the amendment my good friend Sen- If we go forward and we ram this asters. The grants go towards elevating ator GRASSLEY and I have offered. through without the kind of hearings, buildings in floodplains, flood proofing, debate, taking testimony, studying seismic reinforcement, acquisitions or Before I finish, I want to thank Sen- data, do all that kinds of stuff, our con- relocations, wind protections for roofs ators LANDRIEU, NELSON and FEINSTEIN stituents are not going to be happy and strengthening of window protec- for their tireless work. I can tell you with us. As a matter of fact, I think tions. These grants provide a long-term firsthand there was a significant they are going to rightly be upset with benefit to society by reducing future amount of pressure to pass this bill as us. It is a tactic that should not be loss of life and increasing public safety. it was sent from the House. We all done on a matter of this importance. In addition to these life-saving bene- wanted to pass this bill as quickly as I wanted to make that comment. I fits, mitigation grants also provide a possible, but we also wanted to be sure know at some point we will be moving net cost benefit to society. FEMA con- we got it right the first time. This bill forward with the bill. Hopefully the ducts a cost-benefit analysis prior to does that. leadership can work with those who are awarding a grant that ensures the cost I sincerely hope the House will do the interested in these issues and create a of funding a project is less than the right thing and pass this bill with the mechanism at some point in the future damages expected to occur in the event Senate amendment before the tax fil- where it can be fully debated. I am not of a disaster. FEMA estimates that for ing deadline on Friday. prepared to allow such a tremendously every dollar spent on mitigation, an Ms. LANDRIEU. Mr. President, last significant piece of legislation as the average of eight dollars is saved in the year the Internal Revenue Service hit AgJOBS bill to go through without a long run. my State like a Category 4 hurricane full debate. Every minute that is avail- Let me take a minute to explain the when it determined that disaster miti- able to this Senate to debate it should history of the tax issue at hand. Prior gation benefits from the Federal Emer- be put on it. The American people need to June of last year, recipients of gency Management Agency are tax- to know what is happening on the floor FEMA mitigation grants generally ex- able. We get hurricane warnings when of the Senate right now. Maybe when cluded them from income. The tax code a storm is coming, we can track their we have a vote, we will have the right states clearly that post-disaster grants paths as they come out of the outcome. were not taxable. But the tax code Carribean and into the Gulf of Mexico. I yield the floor and suggest the ab- doesn’t specifically describe the tax We didn’t get any kind of ‘‘tax warn- sence of a quorum. treatment of mitigation grants. FEMA ing’’ from the IRS, but the financial The PRESIDING OFFICER. The assumed mitigation grants were treat- toll on many of my constituents was clerk will call the roll. devastating. The assistant journal clerk proceeded ed the same as post-disaster relief to call the roll. grants. However, on June 28, 2004, the Let me explain what happened. In Mr. SESSIONS. Mr. President, I ask Internal Revenue Service issued a legal June of last year, the IRS chief counsel unanimous consent that the order for memorandum stating these mitigation issued an advice letter that determined the quorum call be rescinded. grants were taxable as income. That that FEMA disaster mitigation bene- The PRESIDING OFFICER. Without means that someone who took advan- fits were taxable as a matter of law. objection, it is so ordered. tage of mitigation opportunities to pre- This ruling applied to a variety mitiga- f vent future losses would face a signifi- tion grant programs, covering a wide cant tax liability. The average mitiga- range of natural disasters. The main INTERNAL REVENUE CODE OF 1986 tion grant is $83,000. That means the disasters that concern us in Louisiana AMENDED TO PROVIDE FOR average tax on a grant is tens of thou- are hurricanes and flooding. They are PROPER TAX TREATMENT OF sands of dollars. That isn’t fair. It was as much a part of life as crawfish boils CERTAIN DISASTER MITIGATION never intended that taxes be collected and Mardi Gras. The key to our peace PAYMENTS under these mitigation programs, but of mind is the National Flood Insur- Mr. SESSIONS. Mr. President, I ask under the legal memorandum issued by ance program administered by FEMA. unanimous consent that the Finance the Internal Revenue Service thou- In Louisiana, 377,000 property owners Committee be discharged from further sands of taxpayers may have to file participate in the National Flood In- consideration of H.R. 1134 and that the amended tax returns and pay addi- surance program. It is a real Godsend Senate proceed to its consideration. tional tax. Moreover, the Federal Gov- to the people of my state.

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.108 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3605 The National Flood Insurance pro- ber of the Finance Committee for their untary conversions) is amended by redesig- gram also provides funding for prop- leadership in bringing this matter to nating subsection (k) as subsection (l) and by erty owners to flood-proof their homes the floor. inserting after subsection (j) the following through the flood mitigation grant pro- April 15th is 2 days away. I urge the new subsection: ‘‘(k) SALES OR EXCHANGES UNDER CERTAIN gram. FEMA distributes these grant other body to take up and pass H.R. HAZARD MITIGATION PROGRAMS.—For pur- funds to the States which then pass 1134 as amended by the Senate, and poses of this subtitle, if property is sold or them along to local communities. The send it to the President for his signa- otherwise transferred to the Federal Govern- local communities select properties for ture. This bill will bring peace of mind ment, a State or local government, or an In- mitigation and contract for the mitiga- to thousands of responsible property dian tribal government to implement hazard tion services. Communities use these owners who face an unfair tax burden. mitigation under the Robert T. Stafford Dis- funds to put homes on stilts, improve aster Relief and Emergency Assistance Act We should not allow April 15th to pass (as in effect on the date of the enactment of drainage on property, and to acquire without giving these people relief. this subsection) or the National Flood Insur- flood proofing materials. These mitiga- Mr. SESSIONS. Mr. President, there ance Act (as in effect on such date), such sale tion grants encourage property owners is a substitute amendment at the desk. or transfer shall be treated as an involuntary to take responsible steps to lessen the I ask that the amendment be consid- conversion to which this section applies.’’. potential for loss of life and property ered and agreed to; the motion to re- (c) EFFECTIVE DATE.— damage due to future flooding. The consider be laid upon the table; the (1) QUALIFIED DISASTER MITIGATION PAY- grants also have the added benefit of bill, as amended, be read a third time, MENTS.—The amendments made by sub- section (a) shall apply to amounts received saving money in the long term for the passed, and the motion to reconsider be before, on, or after the date of the enactment flood insurance program. laid upon the table; that any state- of this Act. But the IRS has turned this valuable ments relating thereto be printed in (2) DISPOSITIONS OF PROPERTY UNDER HAZ- disaster preparedness and prevention the RECORD, without intervening ac- ARD MITIGATION PROGRAMS.—The amend- program into a financial disaster for tion or debate. ments made by subsection (b) shall apply to responsible property owners by making The PRESIDING OFFICER. Without sales or other dispositions before, on, or these payments taxable. This tax is un- objection, it is so ordered. after the date of the enactment of this Act. fair, unexpected, and an unfortunate The amendment (No. 411) was agreed The bill (H.R. 1134), as amended, was policy decision—unfair and unexpected to, as follows: read the third time and passed. because no one told my constituents Strike all after the enacting clause and in- f that they would be taxed for accepting sert the following: CONGRATULATING UNIVERSITY OF FEMA disaster mitigation assistance. SEC. ll. PROPER TAX TREATMENT OF CERTAIN DISASTER MITIGATION PAYMENTS. DENVER PIONEERS MEN’S HOCK- The local officials in their parish were EY TEAM just as surprised. This tax is unfortu- (a) QUALIFIED DISASTER MITIGATION PAY- nate policy because in the long term, MENTS EXCLUDED FROM GROSS INCOME.— Mr. SESSIONS. Mr. President, I ask (1) IN GENERAL.—Section 139 of the Internal unanimous consent that the Senate the IRS will undercut the effectiveness Revenue Code of 1986 (relating to disaster re- of using mitigation as a means of de- proceed to the immediate consider- lief payments) is amended by adding at the ation of S. Res. 106 submitted earlier creasing future costs to the flood insur- end the following new subsections: today. ance program. It will force people to ‘‘(g) QUALIFIED DISASTER MITIGATION PAY- The PRESIDING OFFICER. The take risks that they will not be hit by MENTS.— clerk will report the resolution by a disaster. ‘‘(1) IN GENERAL.—Gross income shall not title. I was pleased that the House of Rep- include any amount received as a qualified The assistant journal clerk read as resentatives passed a bill, H.R. 1134, to disaster mitigation payment. ‘‘(2) QUALIFIED DISASTER MITIGATION PAY- follows: correct this problem. It says that going MENT DEFINED.—For purposes of this section, A resolution (S. Res. 106) congratulating forward, disaster mitigation benefits the term ‘qualified disaster mitigation pay- the University of Denver Pioneers men’s are not taxable. But this legislation is ment’ means any amount which is paid pur- hockey team, 2005 National Collegiate Ath- not retroactive. It offers no relief to suant to the Robert T. Stafford Disaster Re- letic Association Division I Hockey Cham- people who are facing a huge tax bill lief and Emergency Assistance Act (as in ef- pions. this Friday, April 15, for mitigation fect on the date of the enactment of this sub- There being no objection, the Senate funding received in 2004 or earlier section) or the National Flood Insurance Act proceeded to consider the resolution. years. Virtually every constituent who (as in effect on such date) to or for the ben- Mr. ALLARD. Mr. President, I rise efit of the owner of any property for hazard has written or called my office about mitigation with respect to such property. today for the second year in a row to this issue received their grant in 2004. Such term shall not include any amount re- recognize the recent achievement of This bill will do nothing for them. ceived for the sale or disposition of any prop- the University of Denver Hockey I understand that the sponsors of erty. Team. On April 9, 2005, almost a year H.R. 1134 and its Senate version S. 586 ‘‘(3) NO INCREASE IN BASIS.—Notwith- to the day that they won the 2004 Men’s claim that once it has been passed, the standing any other provision of this subtitle, NCAA Division I Championship on the Department of the Treasury will issue no increase in the basis or adjusted basis of frigid ice of a Boston arena, the Pio- some sort of notice to IRS field per- any property shall result from any amount neers repeated their amazing feat cap- sonnel essentially making the effect of excluded under this subsection with respect turing a second national title in Co- to such property. this bill retroactive. Treasury officials, ‘‘(h) DENIAL OF DOUBLE BENEFIT.—Notwith- lumbus, OH at this year’s Frozen Four. however, cannot cite a legal justifica- standing any other provision of this subtitle, On this particular evening the Univer- tion for issuing such a notice. They no deduction or credit shall be allowed (to sity of Denver Pioneers defeated the claim that they can rely on the floor the person for whose benefit a qualified dis- North Dakota Fighting Sioux by a statements of the chairs and ranking aster relief payment or qualified disaster score of 4–1, clinching a seventh overall members of the House Ways and Means mitigation payment is made) for, or by rea- hockey championship. Committee and the Senate Finance son of, any expenditure to the extent of the At the helm of the University of Den- amount excluded under this section with re- ver hockey team for the last 11 years Committee as a basis for issuing the spect to such expenditure.’’. has been coach George Gwozdecky. notice. (2) CONFORMING AMENDMENTS.— Mr. President, we cannot legislate on (A) Subsection (d) of section 139 of such Coach Gwozdecky came to DU in 1994 a wink and a nod. The right way to Code is amended by striking ‘‘a qualified dis- and has compiled an impressive record make this relief retroactive is to pass aster relief payment’’ and inserting ‘‘quali- at DU, including his 400th win as a the Baucus-Grassley amendment to fied disaster relief payments and qualified coach a few short weeks ago and his H.R. 1134 and send it back to the House. disaster mitigation payments’’. 405th win in the national title game. This amendment will extend the tax re- (B) Subsection (e) of section 139 of such Coach Gwozdecky has shaped the Pio- lief in this bill to all recipients of Code is amended by striking ‘‘and (f)’’ and neer program into one of the elite pro- inserting ‘‘, (f), and (g)’’. FEMA disaster mitigation assistance (b) CERTAIN DISPOSITIONS OF PROPERTY grams in all of collegiate sports, and he past, present, and future. I am proud to UNDER HAZARD MITIGATION PROGRAMS is the only NCAA coach to win a na- be a cosponsor of the amendment. I TREATED AS INVOLUNTARY CONVERSIONS.— tional hockey title as a player, assist- thank the chairman and ranking mem- Section 1033 of such Code (relating to invol- ant coach, and head coach.

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.111 S13PT1 S3606 CONGRESSIONAL RECORD — SENATE April 13, 2005 Later today the University of Denver EXECUTIVE SESSION he was Senior Vice President for Pro- campus will host a rally in honor of the gram Development at Space Industries Pioneer hockey champions. While I re- International, and General Manager of NOMINATION OF MICHAEL D. GRIF- gret that I can not be there in person the Space Industries Division in Hous- FIN TO BE ADMINISTRATOR OF to commend this fantastic team, I ton. THE NATIONAL AERONAUTICS Dr. Griffin has served in a number of would like to honor just a few of the AND SPACE ADMINISTRATION great players that made this repeat Governmental positions. With NASA, Mr. SESSIONS. Mr. President, as in he served as both the Chief Engineer championship possible. Freshman executive session, I ask unanimous and the Associate Administrator for Peter Mannino, named the Most Out- consent that the Commerce Committee Exploration, and within the Depart- standing Player of this year’s Frozen be discharged from further consider- ment of Defense—DOD—he served as Four, made an astonishing 44 saves in ation of Michael Griffin to be the Ad- the Deputy for Technology at the Stra- the championship game including a 23 ministrator of NASA, and that the tegic Defense Initiative Organization— shot barrage in the third period. For- Senate proceed to executive session for SDIO. Before joining SDIO, Dr. Griffin ward Paul Stastny scored two of the its consideration. I finally ask unani- played a leading role in numerous Pioneer’s four goals with Jeff Drum- mous consent that the nomination be space missions while employed at the mond and Gabe Gauthier each adding confirmed, the motion to reconsider be Johns Hopkins APL, the Jet Propul- one. Five Pioneers, Forwards Gauthier laid upon the table, that any state- sion Laboratory, and Computer and Stastny, Defensemen Matt Carle ments be printed in the RECORD, the Sciences Corporation. He holds seven and Brett Skinner, and goalie Mannino President then be immediately notified degrees in the fields of physics, elec- were named to the All-Tournament of the Senate’s action, and the Senate trical engineering, aerospace engineer- Team. then resume legislative session. ing, civil engineering, and business ad- The PRESIDING OFFICER. Without ministration, and has been an Adjunct Today I share my congratulations objection, it is so ordered. Professor at the George Washington with the entire University of Denver The nomination considered and con- University, the Johns Hopkins Univer- community. Winning a national title is firmed is as follows: sity, and the University of Maryland. a rare and precious accomplishment. NATIONAL AERONAUTICS AND SPACE He is the lead author on more than two Winning two championships in a row is ADMINISTRATION dozen technical papers and the text- all the more rare. This achievement re- Michael D. Griffin, of Virginia, to be book Space Vehicle Design. He is a re- flects the hard work and dedication of Administrator of the National Aero- cipient of the NASA Exceptional many people. Congratulations to all nautics and Space Administration. Achievement Medal and the DOD Dis- the DU Pioneers. Congratulations to Mr. STEVENS. Mr. President, the tinguished Public Service Medal. He is Chancellor Daniel Ritchie, Provost Bob National Aeronautics and Space Ad- also a Registered Professional Engineer Coombe, President Mark Holtzman, In- ministration represents our Nation’s in Maryland and California, and a Cer- greatest hopes and aspirations. Presi- terim Director of Athletics Stuart tified Flight Instructor with instru- dent Bush nominated Dr. Michael D. Halsall, Coach Gwozdecky and his ment and multi-engine ratings. Griffin to be the next NASA Adminis- staff, and especially the Pioneer play- Dr. Griffin succeeds a close friend trator on March 14, 2005. Dr. Griffin and former leader of my staff, Sean ers, students and fans. You have made takes over an agency that is embark- us all very proud. O’Keefe. Sean did an admirable job get- ing on the President’s Vision for Space ting the agency’s finances under con- Mr. SESSIONS. Mr. President, I ask Exploration, which will take America trol and, more importantly, holding unanimous consent that the resolution back to the moon and eventually to NASA together after the Columbia trag- and preamble-be agreed to en bloc, the Mars. The Vision is NASA’s biggest edy. We were lucky NASA had such a motion to reconsider be laid upon the mission since the Apollo program leader during that trying time. At the table, and that any statements relating began more than 40 years ago. Dr. Grif- Commerce Committee’s hearing on Dr. thereto be printed in the RECORD, with- fin will guide NASA on the first steps Griffin’s nomination I spoke of my re- out intervening action or debate. of this important journey that will de- cent travels with Sean, during which I fine America’s presence in space for was approached repeatedly by people The PRESIDING OFFICER. Without the next several decades. At the same who raved about Dr. Griffin. They all objection, it is so ordered. time, we still mourn the loss of the Co- said he was the man for the job if he The resolution (S. Res. 106) was lumbia’s crew as NASA readies the could be convinced to accept it. I am agreed to. Space Shuttle for its return to flight pleased the President appointed Dr. next month. Dr. Griffin’s first task will The preamble was agreed to. Griffin and I look forward to working be to ensure that the shuttle program closely with him and his team of tal- The resolution, with its preamble, gets back on its feet safely and effec- ented professionals. reads as follows: tively. NASA needs its next Adminis- f trator immediately, and I thank the S. RES. 106 Senate for agreeing to the request from LEGISLATIVE SESSION Whereas the Denver Pioneers first won the Senator INOUYE and myself to dis- National Collegiate Athletic Association The PRESIDING OFFICER. Under (NCAA) Hockey Championship in 1958; charge and approve this nomination. the previous order, the Senate will now Whereas the University of Denver has won Dr. Griffin’s extensive background in return to legislative session. 7 NCAA Division I Men’s Hockey Champion- space and science will serve him and f ships, including back-to-back championships NASA well. He is currently head of the in 2004 and 2005; Space Department at the Johns Hop- ORDERS FOR THURSDAY, APRIL Whereas on April 9, 2005, the University of kins University Applied Physics Lab- 14, 2005 Denver won the Frozen Four with a hard oratory. Previously, Dr. Griffin was Mr. SESSIONS. Mr. President, I ask fought victory over the University of North President and Chief Operating Officer unanimous consent that when the Sen- Dakota Fighting Sioux; and of In-Q-Tel, an independent, nonprofit ate completes its business today, it Whereas the Championship ended a terrific season in which the University of Denver venture group chartered to identify stand in adjournment until 9:30 a.m. on outscored its opponents 170 to 109 and had a and invest in cutting-edge commercial Thursday, April 14. I further ask that record of 31–9–2: Now, therefore, be it technologies for intelligence commu- following the prayer and pledge, the Resolved, That the Senate congratulates nity applications. He has also served as morning hour be deemed expired, the the University of Denver Pioneers men’s CEO of the Magellan Systems Division Journal of proceedings be approved to hockey team, Coach George Gwozdecky, and of Orbital Sciences Corporation, as date, the time for the two leaders be Chancellor Daniel Ritchie on an outstanding General Manager of Orbital’s Space reserved, and the Senate then begin a championship season, a season which solidi- Systems Group, and as the company’s period of morning business for up to 60 fies the Pioneers’ status among the elite in Executive Vice President/Chief Tech- minutes, with the first 30 minutes collegiate hockey. nical Officer. Prior to joining Orbital, under the control of the Democratic

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.049 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3607 leader or his designee and the second 30 ADJOURNMENT UNTIL 9:30 A.M. DISCHARGED NOMINATIONS minutes under the control of the ma- TOMORROW The Senate Committee on Homeland jority leader or his designee; provided Mr. SESSIONS. Mr. President, if that following morning business the there is no further business to come be- Security and Governmental Affairs was Senate resume consideration of H.R. fore the Senate, I ask unanimous con- discharged from further consideration 1268, the Iraq-Afghanistan supple- sent that the Senate stand in adjourn- of the following nominations and the mental appropriations bill. ment under the previous order. nominations were placed on the Execu- There being no objection, the Senate, The PRESIDING OFFICER. Without tive Calendar: at 8:11 p.m., adjourned until Thursday, objection, it is so ordered. April 14, 2005, at 9:30 a.m. *Howard J. Krongard, of New Jersey, to be Inspector General, Department of State. f f *Daniel R. Levinson, of Maryland, to be In- NOMINATIONS spector General, Department of Health and PROGRAM Executive nomination received by Human Services. the Senate April 13, 2005: The Senate Committee on Com- Mr. SESSIONS. Tomorrow morning, EXECUTIVE OFFICE OF THE PRESIDENT merce, Science, and Transportation following morning business, the Senate ROBERT J. PORTMAN, OF OHIO, TO BE UNITED STATES will resume consideration of the Iraq- TRADE REPRESENTATIVE, WITH THE RANK OF AMBAS- was discharged from further consider- SADOR EXTRAORDINARY AND PLENIPOTENTIARY, VICE Afghanistan supplemental. We were ROBERT B. ZOELLICK, RESIGNED. ation of the following nomination and able to make good progress on the bill f the nomination was confirmed: today, and we look forward to another CONFIRMATION Michael D. Griffin, of Virginia, to be Ad- productive day tomorrow. Currently we ministrator of the National Aeronautics and Executive nomination confirmed by have three amendments pending and Space Administration. we are working with the Democratic the Senate Wednesday, April 13, 2005: leadership to move forward with these NATIONAL AERONAUTICS AND SPACE *Nominee has committed to respond amendments. Therefore, Senators ADMINISTRATION to requests to appear and testify before should expect rollcall votes throughout MICHAEL D. GRIFFIN, OF VIRGINIA, TO BE ADMINIS- any duly constituted committee of the TRATOR OF THE NATIONAL AERONAUTICS AND SPACE the day tomorrow. ADMINISTRATION. Senate.

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.116 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E631 EXTENSIONS OF REMARKS

HONORING THE EXEMPLARY WORK brought non-native plants and animals into the to regulate the pathways by which these in- OF LENA F. BLALOCK United States, both intentionally and uninten- vaders enter the United States (ships, aqua- tionally, for a variety of reasons, since the culture, etc.), which is an important component HON. HENRY CUELLAR New World was discovered. Some examples of Mr. GILCHREST’s legislation. However, re- OF TEXAS include the introduction of nutria (which is a search must inform us as to which of these IN THE HOUSE OF REPRESENTATIVES rodent similar to a muskrat) by trappers to bol- pathways pose the greatest threat and which ster the domestic fur industry, and the intro- Wednesday, April 13, 2005 techniques used to manage each pathway are duction of the purple loosestrife plant to add Mr. CUELLAR. Mr. Speaker, I rise today to effective. This legislation would help develop honor Judge Lena F. BlaIock of Pleasanton, rich color to gardens. Both nutria and purple loosestrife are now serious threats to wet- this understanding through the ecological and Texas for her dedication and commitment to pathway surveys conducted under the bill. In community service. lands. Non-native species may also be intro- Judge Lena Blalock has made the people of duced unintentionally, such as through species fact, research underlies every management her district proud, by tirelessly dedicating her hitching rides in ships, crates, planes, or soil decision aimed at detecting, preventing, con- time to the Municipal Court for 25 years. coming into the United States. For example, trolling and eradicating invasive species; edu- Judge Blalock, originally from Silverton, Texas, zebra mussels, first discovered in Lake St. cating citizens and stakeholders; and ensuring has been the presiding Judge of the Clair near Detroit in the late 1980s, came into that resources are optimally deployed to in- Pleasanton Municipal Court since 1985 and the Great Lakes through ballast water from crease the effectiveness of government pro- works day after day for the betterment of the ships. grams. These items are also reflected in the Not all species brought into the country are Pleasanton community. legislation, which I will now describe in more harmful to local economies, people and/or the By working as a nurse during WorId War II, detail. working for the police department as a dis- environment. In fact, most non-native species patcher, and setting up a business in do not survive because the environment does The bill is divided into six main parts. The Pleasanton specializing in TV and radio equip- not meet their biological needs. In many first three parts outline an ecological and path- ment, Judge Blalock has lived an outstanding cases, however, the new species will find fa- way research program, combining surveys and life of service to the Country and the commu- vorable conditions (such as a lack of natural experimentation, to be established by the Na- nity. enemies or an environment that fosters propa- tional Oceanic and Atmospheric Administra- Judge Blalock has also been a member of gation) that allow it to survive and thrive in a tion, the Smithsonian Environmental Research the Church of Christ since 1946, and enjoys new ecosystem. Center and the United States Geological Sur- traveling, photography and crocheting. In her Only a small fraction of these non-native species become an ‘‘invasive species’’—de- vey. This program is focused on under- spare time, she also enjoys visiting senior citi- standing what invasive species are present in zens camps in the fall and spring. fined as a species that is both non-native to Judge Blalock has demonstrated great dedi- the ecosystem and whose introduction causes our waterways, which pathways they use to cation to community service and I am honored or may cause economic or environmental enter our waterways, how they establish them- to recognize her accomplishments here today. harm or harm to human health. However, this selves once they are here and whether or not f small fraction can cause enormous damage, invasions are getting better or worse based on both to our economy and our environment. decisions to regulate pathways. In carrying out INTRODUCTION OF THE AQUATIC The economic damage includes the cost of INVASIVE SPECIES RESEARCH ACT this program, the three principal agencies will control, damage to property values, health develop standardized protocols for carrying costs and other factors. Just one species can out the ecological and pathway surveys that HON. VERNON J. EHLERS cost government and private citizens billions of are called for under the legislation. In addition, OF MICHIGAN dollars. For example, zebra mussels have cost IN THE HOUSE OF REPRESENTATIVES the various entities in the Great Lakes basin they will coordinate their efforts to establish Wednesday, April 13, 2005 an estimated $3 billion during the past 10 longterm surveys sites so we have strong Mr. EHLERS. Mr. Speaker, I am pleased to years for cleaning water intake pipes, pur- baseline information. This program also in- introduce today a bill that is a critical compo- chasing filtration equipment, and so forth. Sea cludes an important grant program so that nent in our efforts to combat aquatic invasive lamprey control measures in the Great Lakes academic researchers and state agencies can species—the Aquatic Invasive Species Re- cost approximately $10 million to $15 million carry out the surveys at diverse sites distrib- search Act. This legislation is similar to legisla- annually; and, on top of these expenses, there uted geographically around the country. This tion that was reported out of the House is the cost of lost fisheries due to this invader. will give federal, state and local managers a Science Committee in the 108th Congress. It In fact, invasive species now are second only more holistic view of the rates and patterns of creates a comprehensive research program to habitat loss as threats to endangered spe- invasions of aquatic invasive species into the that supports federal, state and local efforts to cies. United States. Lastly, the principal agencies Given the enormous economic and environ- prevent invasive species from ever entering will coordinate their efforts and pull all of this mental impacts these invaders cause, two our waterways, as well as detection, control information together and analyze it to help de- and eradication efforts once they are here. It clear goals emerge: First, we need to focus termine whether or not decisions to manage complements a bill introduced today by Mr. more resources and energy into dealing with these pathways are effective. This will inform GILCHREST in the House and Senators COL- this problem at all levels of government; sec- LINS and LEVIN in the Senate to reauthorize ond, our best strategy for dealing with invasive policymakers as to which pathways pose the the National Invasive Species Act. This legis- species is to focus these resources to prevent greatest threat and whether or not they need lation is a critical component in our battle them from ever entering the United States. to change the way these pathways are man- against these harmful and extremely dam- Spending millions of dollars to prevent species aged. aging pests. introductions will save billions of dollars in The fourth part of the bill contains two pro- In undertaking this effort, I have found that control, eradication and restoration efforts grams to develop, demonstrate and verify many people wonder—‘‘What is an invasive once the species become established. In fact, technologies to prevent, control and eradicate species? Why it is so crucial to keep them out one theme is central to both Mr. GILCHREST’s invasive species. The first is an Environmental of United States?’’ It is important that we un- bill and this legislation. It is an old adage, but Protection Agency grant program focused on derstand these questions so that we can ap- one worth following—‘‘An ounce of prevention preciate the scope of the threat that invasive is worth a pound of cure.’’ developing, demonstrating and verifying envi- species pose to our economy and environ- To successfully carry out this strategy, we ronmentally sound technologies to control and ment. need careful, concerted management of this eradicate aquatic invasive species. This re- The introduction of non-native species is not problem, supported by research at every step. search program will give federal, state and new to the United States. People have For example, we know that we must do more local managers more tools to combat invasive

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

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.001 E13PT1 E632 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2005 species that are also environmentally sound. attended North Carolina State College before tinued his education in the electronics field. The second is expansion both in terms of enlisting in the Navy during World War II. He After 4 years, Wayne became a technician at scope and funding of a National Oceanic and served in the Pacific and became a pacifist the National Air and Space Museum and later Atmospheric Administration and Fish and immediately after this experience. transferred to the National Gallery of Art. In Wildlife Service program geared toward dem- In 1952, after completing a course of study 1979 he joined the engineering staff of the onstrating technologies that prevent invasive at Hebrew Union College in Cincinnati, Robin- House Recording Studio as it began the his- species from being introduced by ships. This son became the first North Carolina native to toric television coverage of House floor pro- is the federal government’s only program that be ordained as a rabbi. He later earned his ceedings. For the past 25 years Wayne Myers is focused solely on helping develop viable doctoral degree from the New York Theo- has led by his quiet dependable example. He technologies to treat ballast water. It has been logical Seminary and served in temples in Se- has been a selfless team player. His faith has woefully underfunded in the past and deserves attle and Pomona as well as 29 years as an given him the inner peace to work through the more attention. activist leader at Temple Israel in West- most tenuous times without complaint while The fifth part of the bill focuses on setting chester, New York. During the civil rights still maintaining a great sense of humor. up research to directly support the Coast movement, the synagogue raised money to On behalf of the entire House community, Guard’s efforts to set standards for the treat- help rebuild the black churches that had been we extend congratulations to Wayne for his ment of ships with respect to preventing them burned in the South and finance the van used many years of dedication and outstanding from introducing invasive species. Ships are a by the Freedom Riders to tour the South. contributions to the U.S. House of Represent- major pathway by which invasive species are Rabbi Robinson marched with Martin Luther atives. We wish him many wonderful years in unintentionally introduced; the ballast water King Jr. in Selma, and expressed his convic- fulfilling his retirement dreams. discharged by ships is of particular concern. tions with these words: ‘‘When I was 10 years f One of the key issues that has hampered ef- old I began sitting on the back seat of the bus forts to deal with the threats that ships pose with ‘colored people.’ I never returned to the IN HONOR OF GAY, LESBIAN, is the lack of standards for how ballast water front seat.’’ STRAIGHT ALLIANCES AND THE must be treated when it is discharged. The After moving to Sonoma County with his NATIONAL DAY OF SILENCE Coast Guard has had a very difficult time de- wife Ruth, Rabbi Robinson served Shomrei veloping these standards since the underlying Torah and is credited with growing the con- HON. JERROLD NADLER law that support their efforts (the National gregation from 30 families to now the largest OF NEW YORK Invasive Species Act) did not contain a re- Jewish congregation in Santa Rosa. Retired IN THE HOUSE OF REPRESENTATIVES search component to support their work. This since 1996, Rabbi Robinson holds the title of Wednesday, April 13, 2005 legislation provides that missing piece. Rabbi Emeritus at both Temple Israel and Finally, the sixth and final part supports our Shomrei Torah. Mr. NADLER. Mr. Speaker, I rise today to ability to identify invaders once they arrive. In addition to promoting affirmative action, join hundreds of thousands of young people Over the past couple of decades, the number same sex marriage, affordable housing, and across the Nation to ‘‘break the silence’’ sur- of scientists working in systematics and tax- other equality issues, Robinson has worked rounding the scourge of anti-gay bullying and onomy, expertise that is fundamental to identi- against nuclear war, apartheid, and all forms harassment in our schools. In more than 4,000 fying species, has decreased steadily. In order of injustice. He is known locally for his involve- schools in all 50 states and Puerto Rico, stu- to address this problem, the legislation sets up ment in the Sonoma County Task Force on dents have taken a day-long vow of silence to a National Science Foundation program to Homelessness, Children’s Village, the Living peacefully and poignantly draw attention to the give grants for academic research in system- Wage Coalition, Habitat for Humanity, the abuse routinely faced by their lesbian, gay, bi- atics and taxonomy with the goal of maintain- Sonoma County Peace and Justice Center, sexual, and transgender (LGBT) classmates. ing U.S. expertise in these disciplines. and the Sonoma Land Trust. Over 450,000 students are expected to partici- Taken together, both my bill and Mr. A founding member of Angry White Guys for pate in this year’s National Day of Silence. GILCHREST’s bill represent an important step Affirmative Action in 1996, Rabbi Robinson’s This ever-growing, student-led effort, co- forward in our efforts to prevent invasive spe- words still resonate: ‘‘I hope that my anger will sponsored by the Gay, Lesbian, and Straight cies from ever crossing our borders and com- not dissipate until justice is done and every Education Network (GLSEN) and the United bat them once they are arrive. New invaders man, woman and child has equal access to all States Student Association, is a clarion call to are arriving in the United States each day, the privileges of a democratic society and re- parents, teachers, and school administrators bringing with them even more burden on tax- ceives equal respect.’’ to help end the all too common practice of dis- payers and the environment. We simply can- Mr. Speaker, I share that passion and also missing or discounting student-on-student har- not afford to wait any longer to deal with this Rabbi Robinson’s hope that we as a Nation assment. It is increasingly clear that young problem, and so I urge all of my colleagues to can become better people and create a just people of conscience will not sit idly by as support this legislation. society. Michael Robinson is a model for all of their LGBT friends or classmates are preyed upon by bullies and bigots. They will stand up f us—from the ACLU of Sonoma County to those in distant lands who strive for basic and speak out against such bigotry and intol- HONORING RABBI MICHAEL rights. His words as well as his deeds are an erance, even if the adults in their lives will not. ROBINSON OF SONOMA COUNTY inspiration that none who have come into con- We have all heard the saying, ‘‘sticks and tact with him will ever forget. stones may break my bones, but names will never hurt me,’’ which has been used for gen- HON. LYNN C. WOOLSEY f OF CALIFORNIA erations by countless children to fend off THANKING MR. WAYNE MYERS IN THE HOUSE OF REPRESENTATIVES verbal attacks from their peers. Unfortunately, FOR HIS SERVICE TO THE HOUSE the notion that such verbal bullying or harass- Wednesday, April 13, 2005 ment is a ‘‘normal’’ and unavoidable part of Ms. WOOLSEY. Mr. Speaker, I rise today to HON. ROBERT W. NEY growing up remains a widely accepted attitude honor Rabbi Michael Robinson of Sonoma OF OHIO amongst school administrators and teachers in County who has dedicated his life to the IN THE HOUSE OF REPRESENTATIVES this country. Too often, adults tend to dismiss cause of social justice at home and around or even romanticize schoolyard bullying as the world. From the American civil rights Wednesday, April 13, 2005 some sort of coming of age ritual or an inevi- movement to the Nicaraguan Contra war to Mr. NEY. Mr. Speaker, on the occasion of table ‘‘right of passage.’’ Today, I join with the the Israel-Palestinian conflict Rabbi Robinson his retirement in March 2005, we rise to thank growing chorus of voices, including informed has been on the front lines promoting peace Mr. Wayne Myers for 31 years of outstanding educators, children’s rights advocates and stu- and the improvement of humanity. On April 14 service to the United States government, with dents, who reject such anachronistic, survival- he is being presented with the Jack Green the majority of it here in the U.S. House of of-the-fittest thinking. Civil Liberties Award by the ACLU of Sonoma Representatives. The uncomfortable truth is that ‘‘names’’ and County for his lifetime of achievements in this Wayne began his government career in labels can indeed hurt. For sensitive or vulner- arena. Nobody deserves this honor more than 1967 as a soldier in the U.S. Army where he able young people—particularly LGBT youth Michael Robinson. was trained as a combat radio repairman and who are already struggling with their sexuality Born in North Carolina, Robinson received served a tour of duty in South Vietnam. Upon in a cultural and social context that often is his B.A. from the University of Cincinnati and being honorably discharged in 1970, he con- overwhelmingly hostile to it—such verbal

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.003 E13PT1 April 13, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E633 abuse, and the social and emotional isolation responded with increases in National Institute nomic, ecological and human health toll on the that often accompanies it, can leave lasting of Health, NIH, research funding from United States every year. There are over 20 emotional scars. $400,000 in 1999 to $30 million in 2004. different federal agencies involved in preven- And too many schools have a culture that These increases have allowed the university tion, eradication, control, monitoring, research fosters and sustains a hostile environment for to hire over 100 new faculty members and ex- and outreach efforts to deal with the threat of these youth. Surveys indicate that the average pand research activities. Students benefit from invasive species, and this Executive effort high school student hears 25 anti-gay slurs these first class facilities and improved stu- seeks to make these efforts more coordinated, daily; 97 percent of high school students regu- dent-to-faculty ratio while having the oppor- effective and cost-efficient. Better manage- larly hear homophobic remarks. Even more tunity to be involved in cutting edge research. ment of invasive species efforts across federal alarming are the results of GLSEN’s must re- Again, I commend Dr. Shirley Jackson for agencies is critical to an effective response to cent National School Climate Survey, which her remarkable accomplishments in keeping this threat, and the Executive Order was the found that 84 percent of LGBT students had RPI, my alma mater, a top-tier technological right first step. However, it is only the first suffered some form of abuse and 82.9 percent university. step. Congress now needs to pass this legisla- of these reported that adults never or rarely in- f tion to give the Council more authority to ef- tervened when present. It is unsurprising that fectively meet this threat. such a pervasive atmosphere of harassment HONORING THE CONTRIBUTIONS Since its inception, the Council has made takes its toll. LGBT students are far more like- OF PEARSALL CITY COUNCILMAN progress in achieving its mandate. In par- ly to skip classes, drop out of school and, CONRAD CARRASCO, JR. ticular, in January 2001 the Council issued the most disturbingly, attempt suicide. National Management Plan to provide a gen- According to numerous studies, LGBT teens HON. HENRY CUELLAR eral blueprint of goals and actions for federal are 2 to 3 times more likely to attempt suicide. OF TEXAS agencies to better deal with invasive species. Such statistics are a sobering reminder that IN THE HOUSE OF REPRESENTATIVES While this broad plan lacks detail in some we must redouble our efforts to provide our areas, it helps focus the various federal efforts Wednesday, April 13, 2005 children with safe and secure learning environ- on common goals and coordinated actions. In ments. No student should be harassed or at- Mr. CUELLAR. Mr. Speaker, I rise today to addition, the Council established a federal ad- tacked simply because they are perceived as honor the distinguished public service of visory committee consisting of 32 members different, or because they have had the cour- Pearsall City Councilman Conrad D. Carrasco, from a broad array of stakeholders. The advi- age to openly acknowledge their sexual ori- Jr. sory committee has met several times in order entation. Conrad Carrasco has long been an estab- to provide guidance on the development of the Through their actions, the student orga- lished part of Frio County’s legal community. National Management Plan and on federal nizers and participants of the Day of Silence He entered public service in 1980, and served agency actions regarding invasive species in set an example for their peers and their elders as Justice of the Peace for Precinct No. 3 general. alike. Their silence has spoken volumes about through 1990. The Justice of the Peace is the While the Council has had some success, the need for us to recognize the corrosive cli- judicial officer who works most closely with av- its authority to coordinate the actions of fed- mate of fear and intimidation that any kind of erage citizens, and Mr. Carrasco’s duties in- eral agencies has been limited. The Govern- bullying creates. Our schools should be ha- cluded the issuance of warrants and the set- ment Accountability Office (GAO) has recog- vens for learning and personal growth, not tlement of small claims disputes between citi- nized this problem, reporting that agencies did arenas for conflict and harassment. For their zens. In this role, as in his other roles, Conrad not incorporate the components of the Na- courage, their compassion, and their tenacity, Carrasco served the people of Frio County tional Management Plan into their annual per- I honor all those who took this vow of silence with distinction. formance plans. In addition, the GAO rec- today. He was elected to the City Council of ommended that the Council study whether or f Pearsall in May, 2000. Mr. Carrasco has not a lack of legislative authority has ham- worked while on the council to safeguard Frio pered its mission. Key agencies of the Council TRIBUTE TO DR. SHIRLEY JACK- County’s natural beauty and to ensure that the have already recognized this lack of authority SON, PRESIDENT OF city is run in an accountable and effective as problematic and have supported codifica- RENSSELAER POLYTECHNIC IN- manner. He serves in Place No. 3 on the tion of the Council in testimony before a No- STITUTE Council, for a term that extends through May vember 2002 joint hearing of the House Re- 2006. sources and House Science Committees on HON. JOHN W. OLVER Finally, he has distinguished himself as a aquatic invasive species. OF MASSACHUSETTS businessman. He has been employed with The legislation I am introducing today es- IN THE HOUSE OF REPRESENTATIVES KBJ’s Loan Company since 1995, and con- sentially keeps the existing structure of the tinues to be a valuable part of his community’s Council intact, while at the same time it ad- Wednesday, April 13, 2005 financial sector. dresses issues raised by the GAO by giving Mr. OLVER. Mr. Speaker, I rise today to Conrad Carrasco has accumulated an im- the Council a clear statutory mandate. recognize the educational leadership of Dr. pressive record of success in business and First, the legislation maintains the Executive Shirley Jackson. As university president, Dr. service to the people of Frio County. He is an Order’s statement of administration policy that Jackson has helped shape Rensselaer Poly- important resource for his community, and I federal agencies should not undertake actions technic Institute, RPI, into one of the premier am proud to have had this opportunity to that may lead to the introduction or further technological universities in the world. thank him. spread of invasive species without careful con- A key aspect of Dr. Jackson’s effort was the f sideration of the costs that the proposed ac- establishment of the ‘‘Rensselaer Plan,’’ a col- tion may cause. The legislation requires that laborative roadmap joining together faculty, INTRODUCTION OF THE NATIONAL the Council on Environmental Quality, in con- staff, students and alumni in an effort to make INVASIVE SPECIES COUNCIL ACT junction with the Council, issue guidelines for RPI an academic mecca within the Northeast federal agencies to help them consider the region. During her tenure, she has increased HON. VERNON J. EHLERS consequences of any proposed action. The in- the level of educational services the university OF MICHIGAN tent of this provision is to create a common can provide students in part by securing a IN THE HOUSE OF REPRESENTATIVES set of guidelines by which all federal agencies $360 million unrestricted gift to RPI, one of the can measure their actions, not to give individ- Wednesday, April 13, 2005 largest single gifts ever given to an American uals a private right of action against govern- university, and by doubling annual fundraising Mr. EHLERS. Mr. Speaker, today I am intro- ment agencies that take actions regarding in the last 3 years. ducing legislation to codify the Executive invasive species. The influx of new financial resources during Order that established the Invasive Species Second, the legislation makes some modi- Dr. Jackson’s tenure has spurred the new Council and gave the Council responsibility for fications to the existing institutional structure of construction of state-of-the-art research facili- coordinating all invasive species activities the Council. The membership of the Council ties, including the Center for Biotechnology across the federal government (Executive will remain the same; however the legislation and Interdisciplinary Studies and the Experi- Order #13112, issued in February 1999). updates the membership, as described by the mental Media and Performing Arts Center. Invasive species, such as the snakehead fish Executive Order, to reflect additional agencies These construction projects have cor- and zebra mussel, cause an enormous eco- that have been added since 1999. It also

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.006 E13PT1 E634 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2005 makes the Council an independent entity with- community forums on health and planning Mr. Bridge is a model of energy and com- in the Executive Branch, to be chaired on a issues. They exemplify an organization truly mitment, often working from eight in the morn- rotating basis by the Secretary of the Interior, giving back to the community. In fact, I re- ing till nine in the evening. Despite his de- the Secretary of Agriculture, and the Secretary cently had the privilege of attending a devel- manding schedule, Mr. Bridge still finds time of Commerce. This is a change from the Ex- oping relationships and connections event. for ranching and running cattle. ecutive Order, which called for the Council to Mr. Speaker, it is my pleasure to honor the Eddie Bridge lives in Pettus with his wife of be housed within the Department of the Inte- American Association of University Women, 24 years and his two children. Both of his chil- rior and chaired by that agency. If the Council Petaluma Branch as an organization that has dren are Valedictorians and his son Edward II is to be a truly independent entity that can for the past half-century contributed to the serves at the Air Force Academy in Colorado work with all federal agencies, this change is women, girls and community of Petaluma. Springs, Colorado. necessary. f Our Nation is built upon the hard work and Third, the legislation retains the duties of the dedication of citizens like Eddie Bridge, and it Council as described by the Executive Order THANKING MR. ART NASH FOR HIS is important to recognize the value of their (including development of an updated National SERVICE TO THE HOUSE daily contributions to both town and country. Management Plan), but it adds some new du- Mr. Speaker, I am proud to have this oppor- ties in order to give the Council more tools to HON. ROBERT W. NEY tunity to recognize the contributions of use in coordinating federal programs. In par- OF OHIO Atascosa County Appraiser Eddie Bridge. ticular, the Council must submit an annual list IN THE HOUSE OF REPRESENTATIVES f of the top priorities in several different areas Wednesday, April 13, 2005 related to addressing the threat posed by HONORING OUR NATION’S YOUTH invasive species. The legislation also specifi- Mr. NEY. Mr. Speaker, on the occasion of ON THE 10TH ANNUAL KICK cally calls upon the Council to work with fed- his retirement in March of 2005, we rise to BUTTS DAY, AN ANNUAL CELE- eral agencies during the budget development thank Mr. Art Nash for 26 years of outstanding BRATION OF YOUTH LEADER- and submission process in order to ensure service to the United States government, with SHIP IN THE FIGHT AGAINST TO- that budget priorities reflect the priorities of the the majority of it here in the U.S. House of BACCO National Management Plan. The legislation Representatives. also calls on the Office of Management and Art began his government career in 1967 as HON. MARTIN T. MEEHAN Budget to develop a crosscut budget of all a soldier in the U.S. Army where he was OF MASSACHUSETTS invasive species efforts in the federal govern- trained as an electronics technician and IN THE HOUSE OF REPRESENTATIVES served two years. After 10 years in the private ment. This is a necessary tool for the Council Wednesday, April 13, 2005 to coordinate efforts among the various federal sector he began his House career at the agencies. House Recording Studio’s engineering depart- Mr. MEEHAN. Mr. Speaker, I rise to honor Finally, the legislation retains the existing ment in 1980. For the next 24 years, Art has our nation’s youth today on the 10th annual Invasive Species Advisory Council to serve as been an indispensable member of the tele- Kick Butts Day, an annual celebration of youth an important contributor to the ongoing dia- vision floor coverage crew, the Recording Stu- leadership and activism in the fight against to- logue between the federal government and dio tape room and maintenance shop. bacco use. stakeholders to ensure that the federal gov- Art has been described as a man of God Over the past 10 years, our nation has ernment acts in the most effective way. who loves all people. His positive attitude has made significant progress in reducing youth This legislation will help further the federal been his trademark and the term ‘‘detail man’’ smoking rates. Young people themselves have government’s efforts to combat invasive spe- best describes him. He has been an excellent played a major role in this success. We should cies, and I urge all of my colleagues to co- teacher to his co-workers and all those around be proud that we’ve reduced smoking rates sponsor this important legislation. him. He has taken his time to do the job right among high school students by 40 percent f or find an even better way. Service has been since 1997, when smoking rates among his greatest achievement. Whether it was dur- youths peaked at an alarming 36.4 percent. HONORING PETALUMA BRANCH OF ing the long hours that the House was in ses- But we have more work to do. About 22 THE AMERICAN ASSOCIATION OF sion or working side by side with his co-work- percent of high school students still smoke. UNIVERSITY WOMEN ers, Art Nash has given his best. Tobacco is still the leading preventable cause On behalf of the entire House community, of death in our country, killing more than HON. LYNN C. WOOLSEY we extend congratulations to Art for his many 400,000 people every year. On Kick Butts OF CALIFORNIA years of dedication and outstanding contribu- Day, we should commit to finishing the job of IN THE HOUSE OF REPRESENTATIVES tions to the U.S. House of Representatives. protecting our kids from tobacco addiction by We wish him many wonderful years in fulfilling supporting science-based tobacco prevention Wednesday, April 13, 2005 his retirement dreams. measures, strong deterrents to youth smoking, Ms. WOOLSEY. Mr. Speaker, I rise today to f well-funded tobacco prevention and cessation honor the Petaluma Branch of the American programs, smoke-free air laws, and FDA au- Association of University Women for 50 years HONORING THE DEDICATION OF thority over tobacco products and marketing. of community service. AAUW Petaluma has ATASCOSA COUNTY APPRAISER Mr. Speaker, I would like to insert in the tirelessly advocated for equity for women and EDDIE BRIDGE RECORD the attached report by the Campaign girls, lifelong education, and positive societal for Tobacco-Free Kids entitled ‘‘Ten Years of change. With over 200 members, AAUW HON. HENRY CUELLAR Kicking Butts: Reducing Youth Smoking in the Petaluma has developed a variety of success- OF TEXAS United States.’’ It is a valuable summary of the ful methods to promote their agenda. IN THE HOUSE OF REPRESENTATIVES progress we have made in reducing youth In recent years, the AAUW Petaluma has smoking, the evidence that common sense so- Wednesday, April 13, 2005 been awarded the Silver, Gold and Platinum lutions work, and the need still to redouble our awards for excellence in recruitment, program Mr. CUELLAR. Mr. Speaker, I rise today to efforts. content, success of their projects, and their honor the important contributions of Atascosa TEN YEARS OF KICKING BUTTS: REDUCING overall positive energy by AAUW National. County Appraiser Eddie Bridge. YOUTH SMOKING IN THE UNITED STATES— Many of the programs sponsored by AAUW Eddie Bridge is a hard working member of KICK BUTTS DAY 10TH ANNIVERSARY REPORT Petaluma are integral in bringing our commu- our community, helping to appraise real estate On May 7, 1996, the Campaign for Tobacco- nity together. For example, mentoring and tu- and personal property in Bee, Crane, Crockett, Free Kids held the first annual Kick Butts toring programs in the high schools involving and Refugio Counties. He also spends his Day to focus the nation’s attention on the adults and peers have helped build time consulting and assisting the staff mem- serious and growing problem of youth to- intergenerational relationships, and the All- bers of Frio, Hall, Irion, Martin, Menard, and bacco use in our country. At that time, youth smoking rates had been rising alarm- Petaluma Schools Community Art Show and Starr Counties in both physical and statistical ingly for several years, fueled by cigarette Art Train Docents have helped keep art pro- reappraisals. Starting off as a Valuation Con- marketing campaigns such as Joe Camel and grams alive in the community. sultant with Pritchard and Abbot in 1993, Mr. the Marlboro Man that appealed to youth AAUW Petaluma’s community involvement Bridge has many years of experience in his and deep price cuts that made cigarettes does not stop there. The group has organized special line of work. more affordable to kids. In 1997, smoking

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A13AP8.011 E13PT1 April 13, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E635 rates among high school students reached an than there would have been if smoking rates marketing dollars is spent on cigarette price all-time-high, with 36.4 percent of high had remained constant. discounts and free cigarette giveaways that school students reporting that they were These reductions in youth smoking will make cigarettes more affordable to kids, current smokers. prevent 600,000 premature deaths due to who are very price sensitive. As we celebrate the 10th annual Kick Butts smoking. While the tobacco companies have in- Day on April 13, 2005, the picture is much im- These reductions in youth smoking will creased their marketing, the states have cut proved. After nearly 10 years of hard work, save $32 billion in tobacco-related health funding for tobacco prevention programs by our nation has turned the tide, and we are care costs. 28 percent in the last three years (from $749.7 making unprecedented progress in reducing SUCCEEDING BY IMPLEMENTING million in Fiscal 2002 to $542.6 million in Fis- youth tobacco use in our country. By imple- SCIENTIFICALLY PROVEN SOLUTIONS cal 2004). These cuts decimated some of the menting scientifically proven solutions like Our nation has succeeded in reducing nation’s most successful tobacco prevention tobacco tax increases, well-funded tobacco youth smoking by implementing scientif- programs, including those in Florida, Massa- prevention programs and smoke-free air ically proven solutions, including tobacco chusetts and Minnesota. While more states laws, we have reduced smoking rates among tax increases, tobacco prevention programs have well-funded tobacco prevention pro- high school students by 40 percent since 1996. funded with tobacco settlement and tobacco grams today than 10 years ago, the bad news Still, there is much work to be done. To- tax dollars, and smoke-free air laws that re- is that 37 states and DC are funding preven- bacco use remains the leading preventable quire all workplaces and public places to be tion programs at less than half the CDC’s cause of death in our country, killing more smoke-free. We are making significant recommended minimum amount or providing than 400,000 people and costing the nation progress in implementing these solutions: no funding at all. more than $89 billion in health care bills Cigarette Taxes—Forty-one states and DC The progress of the past decade has shown every year. A quarter of all high school sen- have increased cigarette taxes since 1995, that we have proven solutions to reduce to- iors still smoke, and another 2,000 kids be- some more than once for a total of 79 sepa- bacco use, including cigarette tax increases, come regular smokers every day, one-third rate cigarette tax increases. The average well-funded tobacco prevention programs of whom will die prematurely as a result. state cigarette tax has increased from 30.3 and smoke-free air laws. These solutions are Perhaps most troubling, a survey released cents per pack on June 30, 1995, to 84.7 cents the equivalent of a vaccine that protects March 31, 2005, by the Centers for Disease a pack (once all already approved cigarette kids from tobacco addiction and its deadly Control and Prevention (CDC) found that our taxes take effect July 1, 2005). consequences. But like other vaccines, this progress in reducing youth smoking has Smoke-Free Air Laws—In 1998, California vaccine must be administered to every gen- slowed considerably or stalled completely. became the first state to require all res- eration of children. Otherwise, the tobacco The survey found no statistically significant taurants and bars to be smoke-free. Today, epidemic will explode again, at great cost in change in either high school or middle school 10 states and 234 communities across Amer- health, lives and money. smoking rates from 2002 to 2004. ica have strong smoke-free workplace laws. f Public health experts have pointed to sev- Seven states—California, Connecticut, Dela- eral reasons for this leveling off in youth ware, Maine, Massachusetts, New York and CONGRATULATIONS TO MISS USA, smoking rates: While states have cut tobacco Rhode Island—have smoke-free laws that re- CHELSEA COOLEY prevention funding by 28 percent in the last quire all workplaces, including restaurants three years and the American Legacy Foun- and bars, to be smoke-free. Three states— HON. SUE WILKINS MYRICK dation has also had funding reduced for its Florida, Idaho and Utah—have smoke-free  OF NORTH CAROLINA effective, national truth youth smoking laws that include restaurants, but not bars. prevention campaign, the tobacco companies Such laws now cover more than a third of IN THE HOUSE OF REPRESENTATIVES have increased their marketing expenditures the nation’s population. Wednesday, April 13, 2005 to a record $12.7 billion a year—more than State Tobacco Prevention Programs—In $34 million a day. More than two-thirds of all 1996, only three states—Arizona, California Mrs. MYRICK. Mr. Speaker, on April 11, tobacco marketing dollars is spent on ciga- and Massachusetts—had well-funded tobacco 2005, Miss North Carolina, Chelsea Cooley, rette price discounts and free cigarette give- prevention programs. Today, 13 states do. won the Miss USA pageant. I congratulate her aways that make cigarettes more affordable National Public Education Campaign—An- on this momentous accomplishment and want to kids, who are very price-sensitive. other key factor in youth smoking declines her to know that everyone in her hometown of The recent CDC survey is a wakeup call to has been the American Legacy Foundation’s Charlotte, NC, is very proud of her. elected leaders at all levels that we cannot  national truth youth smoking prevention The Miss USA pageant is a competition take continued progress in reducing youth campaign. A study published in the March smoking for granted and must redouble ef- 2005 issue of the American Journal of Public where America’s best and the brightest young forts to implement proven measures to re- Health found that declines in youth smoking women compete for the crown of Miss USA. It duce tobacco use, including tobacco tax in- accelerated after the launch of this cam- is truly a great accomplishment for Chelsea to creases, well-funded tobacco prevention pro- paign in 2000 and that there was a significant have been crowned as the winner of this grams, and smoke-free air laws. It is also dose-response relationship between exposure tough competition. critical that Congress enact legislation to the truth  campaign’s anti-smoking ad- Currently, Chelsea is studying fashion mar- granting the U.S. Food and Drug Adminis- vertising and declines in youth smoking be- keting at the Art Institute of Charlotte. She list- tration authority to regulate tobacco prod- tween 2000 and 2002, the period of the study. ucts, including the authority to crack down ed that her dream job would be working as a DESPITE PROGRESS, CHALLENGES REMAIN on marketing and sales to kids. If we take buyer for Ralph Lauren. I have no doubt that these steps, our nation will continue to While our nation has made significant she can achieve this, and many other, achieve significant reductions in youth to- progress in reducing youth smoking, our dreams. bacco use. If we fail to do so, the progress we work is far from done: Tobacco use is still the nation’s leading Chelsea will now go on to represent the have made is at risk and could even reverse. U.S. this May in the Miss Universe competition This report summarizes the progress we preventable cause of death, killing more than 400,000 people every year and sickening in Bangkok, Thailand. Chelsea’s hometown of have made in reducing youth smoking in the Charlotte, North Carolina, will again be cheer- United States and the challenges that re- millions more. Tobacco use costs our nation more than $89 main. ing her on as will the whole country. We know billion in health care bills and $88 billion in she will represent us well and will do our PROGRESS IN REDUCING YOUTH SMOKING, productivity losses each year. country proud. SAVING LIVES AND SAVING MONEY About 25 percent of high school seniors High school smoking rates have been re- still smoke. f duced by 40 percent since reaching an all- Every day, another 2,000 kids become reg- HONORING THE CONTRIBUTIONS time-high in 1997—in 1997, 36.4 percent of ular smokers, one-third of whom will die pre- OF NEW BRAUNFELS CITY AT- high school students smoked; today about 22 maturely as a result. percent smoke (source: CDC’s Youth Risk The tobacco industry is spending record TORNEY CHARLES E. ZECH Behavior Survey and Youth Tobacco Sur- amounts to market its deadly and addictive vey). products. Since 1996, total tobacco mar- HON. HENRY CUELLAR Youth smoking rates have been reduced keting expenditures have increased by 144 OF TEXAS among all vulnerable age groups. Since percent to a record $12.7 billion a year—more smoking rates peaked in 1996–1997, we have than $34 million a day, according to the Fed- IN THE HOUSE OF REPRESENTATIVES reduced smoking by 56 percent among eighth eral Trade Commission’s most recent annual Wednesday, April 13, 2005 graders, 47 percent among tenth graders and report on cigarette marketing (for 2002). The 31.5 percent among twelfth graders (source: tobacco companies spend more than $23 to Mr. CUELLAR. Mr. Speaker, I rise today to National Institute on Drug Abuse Moni- market cigarettes and other tobacco prod- honor the contributions of City Attorney toring the Future Survey). ucts in the U.S. for every dollar the states Charles E. Zech. These declines mean that there are rough- spend on programs to protect kids from to- Charles Zech serves as the City Attorney for ly 2 million fewer high school kids smoking bacco. More than two-thirds of all tobacco New Braunfels, Texas. He handles all aspects

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.015 E13PT1 E636 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2005 of municipal representation for the City of New tives. He has served on many regional and for 30 years, following in the steps of his fa- Braunfels by providing representation and national boards and associations dedicated to ther and grandfather, and died peacefully last legal advice to the City Council, city employ- scholarship in economics, labor relations and year. Together they raised three children in ees, and 27 boards and commissions. public management. He is a consultant to the Simi Valley, Debra, Barbara and Russ. Before graduating from Southwest Texas Congressional Black Caucus, the National In- During Pat’s lifetime, Simi Valley trans- State University with a Bachelor of Business stitute of Public Management, the Department formed from a farming community into a thriv- Administration in Economics and Finance, Mr. of Health, Education and Welfare, and the De- ing suburban city of 120,000 people. Thanks Zech was a member of the United States partment of Transportation. In addition to nu- in large part to her efforts, Simi Valley’s past Navy. He went on to receive his law degree merous honors, publications and professional was preserved before it slipped away. Mr. from St. Mary’s University School of Law. At- leadership positions, Dr. Hefner was awarded Speaker, I know my colleagues join me in torney Zech is licensed to practice in all Coun- the Presidential Leadership Award from the thanking Pat Havens for dedicating 40 years ty and District Courts of Texas, the Texas Su- National Association for Equal Opportunity in to preserving Simi Valley’s history and for preme Court, and the United States District Higher Education (the organization’s highest helping to make it relevant to our lives today. Court. honor) and the Achievement Award in Re- f He is a member of the Texas Bar Associa- search. tion, the San Antonio Bar Association, the On behalf of the Fifth District of Tennessee, HONORING THE CONTRIBUTIONS Comal County Bar Association, and the Phi I join with Tennessee State University as they OF THOMAS C. LOPEZ OF THE Alpha Delta International Legal Fraternity. celebrate Founders Day to thank my friend SAN ANTONIO INDEPENDENT As an active member of the Board of Direc- and colleague, Dr. James A. Hefner, for his SCHOOL DISTRICT tors of the Texas City Attorney’s Association generosity, commitment and dedication to and the chair of the ethics section of the Inter- American scholarship and service to the State HON. HENRY CUELLAR national Municipal Lawyers Association, it is of Tennessee. I extend my heartfelt congratu- OF TEXAS obvious that Mr. Zech plays an active role in lations on his retirement and wish him all the IN THE HOUSE OF REPRESENTATIVES the legal community. best in his future endeavors. Wednesday, April 13, 2005 Mr. Speaker, I am proud to have this oppor- f tunity to recognize New Braunfels City Attor- Mr. CUELLAR. Mr. Speaker, I rise today to ney Charles Zech for his dedication and con- IN TRIBUTE TO PATRICIA HAVENS recognize Thomas C. Lopez of the San Anto- tributions to the community and his service to nio Independent School District for his dedica- our Country. HON. ELTON GALLEGLY tion to public service. f OF CALIFORNIA A long time resident of Texas, Thomas C. IN THE HOUSE OF REPRESENTATIVES Lopez was born in San Antonio. He is a CONGRATULATING THE PRESI- strong believer in his community, where he DENT OF THE TENNESSEE Wednesday, April 13, 2005 continues to work hard ensuring that our chil- STATE UNIVERSITY, DR. JAMES Mr. GALLEGLY. Mr. Speaker, I rise to pay dren receive the education that they deserve. A. HEFNER, ON HIS RETIREMENT tribute to Patricia Havens, who has dedicated Thomas C. Lopez is no stranger to public her life to preserving, researching and re-tell- service. He spent thirty-four years in the HON. JIM COOPER ing the history of my hometown of Simi Valley, United States Army Reserve in active and re- OF TENNESSEE California, and who will be honored this Satur- serve time. Having served his country, he re- IN THE HOUSE OF REPRESENTATIVES day for her decades as a teacher, director and tired with the rank of Major in 2004. author in pursuit of that dedication. A strong believer in education, Mr. Lopez Wednesday, April 13, 2005 Forty years ago, Pat Havens and 3 others currently serves as Secretary and District 5 Mr. COOPER. Mr. Speaker, I rise today to founded the Simi Valley Historical Society. Trustee of the San Antonio Independent recognize the extraordinary contributions of The society, largely under Pat’s guidance, has School District. He has also helped to improve Dr. James A. Hefner, President of the Ten- been responsible for documenting and saving our community through his involvement with nessee State University, and to congratulate local buildings and antiques of historical sig- the Affordable Housing Board of San Antonio him on the occasion of his upcoming retire- nificance. Many of them are now housed at Housing Services. ment on May 31, 2005. the Strathearn Historical Park and Museum, Mr. Lopez has striven to achieve the contin- During 14 years of leadership as President where Pat serves as the Museum Director. ued rebuilding of our inner-city neighborhoods. of TSU, Dr. Hefner has operated under the The projects are ongoing. Because of his dedication toward education motto that ‘‘a passionate faculty are the most The society is currently renovating Simi Val- and housing, San Antonio, Texas is a better important instruments of change in the aca- ley’s first house of worship, which opened as place for our families to live. demic environment.’’ He is indeed ‘‘pas- a Presbyterian church in 1902 and became a Mr. Speaker, I am deeply proud to have sionate’’ about encouraging students to reach Catholic church 10 years later. The Rancho been given this opportunity to recognize higher academic heights and he is a strong Simi Recreation and Park District purchased Thomas C. Lopez of the San Antonio Inde- advocate for excellence in education. the building in 2002 and moved it to pendent School District for his dedicated serv- Dr. Hefner has helped countless students Strathearn Park, where it joins the Simi ice to his community. realize their educational goals and subsequent Adobe, which was built during the early days f contributions to the community. Under his of the city’s Spanish period beginning in 1795; leadership, enrollment at TSU has grown from the Strathearn family farmhouse that was built HONORING THE LIFE AND 7,405 in 1991 to 9,100. Dr. Hefner has ele- onto the adobe in 1892; the Simi Valley Li- ACHIEVEMENTS OF HIS HOLI- vated the standing of TSU to the extent that, brary building that served the community from NESS POPE JOHN PAUL II AND for the past 11 years, the University has been 1930–1962; and many other buildings and arti- EXPRESSING PROFOUND SORROW consistendy recognized in the U.S. News & facts that tell the valley’s story. ON HIS DEATH World Report’s ‘‘Guide to America’s Best Col- Preservation has not been enough for Pat leges.’’ Havens, however. Thirty years ago she began SPEECH OF His rich career has spanned many areas of teaching the ‘‘History of Simi Valley’’ program HON. LUCILLE ROYBAL-ALLARD academia. Dr. Hefner has held positions as and five years ago, in collaboration with Bill OF CALIFORNIA president of two universities, administrator, Appleton, she published through the historical IN THE HOUSE OF REPRESENTATIVES professor, writer and speaker. He credits the society a comprehensive history of the valley, single common element of his success to his ‘‘Simi Valley: A Journey Through Time.’’ Wednesday, April 6, 2005 devotion to students. He strives to improve the The City Council named Pat as Simi Val- Ms. ROYBAL-ALLARD. Mr. Speaker, I rise education and financial conditions of minorities ley’s first City Historian while I was mayor of today to honor His Holiness Pope John Paul and is recognized as a renowned authority on the city, a post she still holds. II. minority economic issues. Dr. Hefner has au- Pat’s ties to Simi Valley run deep. Although As the first non-Italian pope in 455 years, thored 50 articles on economic research and born in Arkansas, she moved here as a young Karol Wojtyla would have drawn distinction no authored or co-edited two books: Black Em- girl and graduated from Simi Valley High matter what his papacy held. However, his 26- ployment in Atlanta and Public Policy for the School in 1947 with her future husband, Neil. year reign as the 264th pope has proven to be Black Community: Strategies and Perspec- Neil Havens served as the city’s postmaster a remarkable and historic papacy.

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.020 E13PT1 April 13, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E637 Perhaps it was the very nature of the Holy all-inclusive and sensitive to religious minori- The men and woman of the Pleasanton Po- Father’s upbringing—the personal tragedies ties. lice Department are committed to excellence he underwent as a youth, as well as his first- The National High School Mock Trial Cham- in leadership, providing progressive and hand experiences with the totalitarianism of pionship is a prestigious event that requires a proactive services that help to develop com- Nazism, then Communism—that shaped his tremendous amount of preparation, skill, and munity partnerships and building for a better world view and enabled him to serve as pope dedication on behalf of those students who future. with such zeal and commitment. are competing, and is looked upon with dis- Mr. Speaker, I am honored to have had this His was a lifespan that began in a world of tinction by institutions of higher learning. The opportunity to recognize the noble service of biplanes and horse-drawn carriages, saw the Torah Academy from Teaneck, New Jersey, all the officers at the Pleasanton Police De- advent of spaceflight and nuclear bombs, and located in my Congressional District, won the partment. ended in a ‘‘global neighborhood’’ made pos- New Jersey State Bar Foundation competition, f sible by personal computers and instant com- and advanced to the national championship, munications. Perhaps only someone with which is to be held on May 4–7, 2005 in Char- HONORING THE LIFE OF FORMER these experiences could have appropriately lotte, North Carolina. CONGRESSMAN WILLIAM LEHMAN taken on the challenges of the 21st Century in The members of the mock trial team from SPEECH OF such a dynamic and tireless manner. Torah Academy observe the Sabbath, in ac- His worldwide travel, where he gained the cordance with their practice of Orthodox Juda- HON. CHARLES B. RANGEL attention of people of many faiths and em- ism, and will therefore not be able to partici- OF NEW YORK braced Catholics on all continents, will con- pate in any National High School Mock Trial IN THE HOUSE OF REPRESENTATIVES Championship competition from sundown on stitute a lasting legacy. Many Americans wit- Tuesday, April 12, 2005 nessed, first hand, the strength of his convic- Friday, May 6 through sundown on Saturday, tion and dedication to his mission during the May 7, 2005. After much discussion between Mr. RANGEL. Mr. Speaker, I rise today to Holy Father’s 7 historic visits to the United the school, the national organizers, the New honor a great man, Congressman William States. In 1987 he honored my home city of Jersey State Bar Foundation, and me, the Lehman of Florida. In his passing, I have lost Los Angeles with a visit that Angelinos still talk Torah Academy will now be able to participate a dear friend, Congress has lost a role model, about. Those arduous travels, even during his fully without being forced to violate its mem- and the Nation has lost a brave leader and years of declining health, demonstrated the bers’ religious beliefs. The national organizers national hero. importance of perseverance and faithful strug- of the event have agreed to rearrange the Congressman Lehman was, above all, a gle. schedule of the tournament to accommodate true liberal, dedicated to equality among races Pope John Paul II was an inspiration to all students of all religious faiths. and classes. He opened his used car dealer- generations throughout his 26-year reign. He I thank the Board of Directors of the Na- ship in a black neighborhood, and was one of inspired in us a sense of hope and self worth tional High School Mock Trial Championship the few dealers in the 1940’s and 1950’s— that encouraged us to live better, fuller lives. for their willingness to change the schedule to white or otherwise—who would finance cars He reached out to the world’s youth and allow all students to fully compete in this com- for black customers. He supported issues that taught them the value of integrity, courage, petition. This is fundamentally a question of were important to poor communities, fighting honesty, and forgiveness. equal access and the right of religious minori- against highways that divided and ruined com- And despite the many challenges the ties to participate in a competition open to stu- munities, and bringing home more than $800 Church faced during his papacy, he was ad- dents from every walk of American life, and I million for a Metrorail system in Miami, pro- mired for his resoluteness, even as Catholics encourage the national organizers to restruc- viding multiple ways for the poor to get to and around the world reacted in numerous ways to ture the schedule of competitions in future from work. his direction of the church. years with this in mind. He was also a gifted politician, inspiring loy- John Paul II was not just the leader of the f alty in his committee members and his party. He neither dictated policy, nor ran his sub- Roman Catholic Church, however, he was a HONORING THE EXEMPLARY WORK committee overseeing highways, seaports and world leader, and he actively shaped world af- OF THE PLEASANTON POLICE mass-transit systems with an iron fist, but by fairs including negotiating peace treaties and DEPARTMENT helping ensure the end of European Com- striking a perfect balance between offering in- munism. He reasserted the Church’s role on HON. HENRY CUELLAR centives to cooperate and promising con- the world stage and was a global champion on sequences to those who didn’t. He knew all OF TEXAS issues of conscience, social justice, and the legislative routes, and successfully steered IN THE HOUSE OF REPRESENTATIVES peace. The tremendous outpouring of genuine bills he believed would benefit his constituents sorrow throughout the world since the Pontiff’s Wednesday, April 13, 2005 and the country around the road blocks and death is a testament to the impact his ministry Mr. CUELLAR. Mr. Speaker, I rise today to land mines in the House. If he was defeated had on people of all continents and all faiths. honor the exemplary work of the Pleasanton on the House floor, he would work tirelessly in Mr. Speaker, the ‘‘Shoes of the Fisherman’’ Police Department of Texas. They have the conference committee to ensure the are empty, and I extend my sincere sympathy shown outstanding dedication and commit- soundest legislative policies were written into to my constituents, including Roger Cardinal ment to the community for 53 years. law. Mahoney, all Los Angeles-area Catholics and The Police Department was founded in Bill was respected on both sides of the all people of good will who mourn the Pontiff’s 1952 and the first Chief of Police was Joe aisle, and had friends in both parties and all passing. Sanders. Since 1952 there have been eight over Capitol Hill. He conducted himself with Pope John Paul II’s life of service was a life chiefs of police, and today the police depart- dignity, and he showed others that he believed well lived, and it will be remembered in the ment is made up of 16 commissioned officers, in the issues he fought for, and wasn’t merely hearts and minds of the people he touched 5 communications operators and 1 data entry supporting them for political purposes. When around the globe for many generations to clerk. you hear people describe him, they almost al- come. The Pleasanton Police Department officers ways include the words ‘‘honest’’ and ‘‘moral’’, f are devoted to performing their jobs in a pro- attributes that are rarely connected with politi- fessional manner while they are serving the cians in this day and age, but which truly fit NATIONAL HIGH SCHOOL MOCK community and the surrounding areas. The Bill. TRIAL CHAMPIONSHIP police department encourages all of its mem- Even after becoming one of the more influ- bers to engage in community-building prac- ential members of Congress, he never lost HON. STEVEN R. ROTHMAN tices in order to provide quality service to all touch, with his roots. He maintained his south- OF NEW JERSEY residents of the Pleasanton community. ern accent and his unpolished yet powerful IN THE HOUSE OF REPRESENTATIVES The Pleasanton Police Department always manner of speaking throughout his career, strives to provide the highest quality service, and continued to dine and spend time in his Wednesday, April 13, 2005 preserving human rights, lives and property, old neighborhood. Mr. ROTHMAN. Mr. Speaker, I rise today to while achieving the goals of the department One would be hard pressed to find a Con- commend the Board of Directors of the Na- serving the city and community. Currently gressman who took more risks, and for more tional High School Mock Trial Championship holding the position of Chief is Gary Soward noble reasons, while in office. In 1988 he for their commitment to a competition that is and Assistant Chief is John Eric Rutherford. chartered a plane to Cuba and successfully

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.024 E13PT1 E638 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2005 negotiated the release of three political pris- English, Debate and Fine Arts. He served as Diana Goudsward Collentine and her daugh- oners, endearing him to the conservative advisor for the Trivia Club, the Film Society, ters, Kristina and Jennifer, the daughter and Cuban community in his district. Seven years and the Junior Classical League. He was a granddaughters of James and Marjorie earlier he had negotiated the release of a po- member of the Curriculum Study Group and Goudsward. On January 4, 2002, Diana and litical prisoner in Argentina, and he smuggled founded the Classical Society that presented her two daughters were walking in a school an artificial heart valve into the Soviet Union plays in Latin by Roman playwrights Plautus safety zone in Waldwick, NJ when they were for an ailing 22 year old woman. and Terrence. In addition to teaching Latin, he struck by an automobile operated by a medi- In my mind, Bill was more than a gifted col- currently serves as Senior Master, Chairman cally impaired driver. This accident resulted in league and a good person; he was a very of the Faculty Advisory Committee, Latin Club the tragic deaths of all three citizens. close friend. I can attest that this is one of the Sponsor, Chairman of the John H. Murrell rare cases where the statements being made Awards Committee, Seventh Grade Class In this tragedy’s aftermath, Doug about a person after his death are absolutely Sponsor, and President of Cum Laude. Out- Goudsward, brother to Diane, has dedicated true. He was as good of a person in life as he side school, he is the Opera critic for himself to preventing the medically impaired is being described in death—a smart, moral, Northside People. driver from obtaining a valid driver’s license in genuinely decent human being, one whose Michael is married to Dena, a freelance writ- another State, thereby further endangering the company it was a pleasure to keep. er. He has two children. Sarah lives in Ta- public. To this day, his brave and persistent Over the years I had the pleasure of work- coma, WA where she is a child and family efforts to protect the public have unfortunately ing with Congressman Lehman a number of counselor. His son Paul, an alumnus from the not been fruitful. times. We served on the House Judiciary Class of 1980 from St. Mark’s is an attorney Mr. Speaker, this situation is quite tragic committee together, and in 1982 we traveled who lives in Annapolis, MD with his wife and and it is clear that Congress should work with to several Latin American countries, including three children, Jeffrey, Allison and Annie. Mi- the National Highway Traffic Safety Agency Nicaragua to investigate illegal arms sales. He chael proudly notes that grandson Jeffrey is a (NHTSA) to study the complex and controver- was as much of a gentleman in the profes- straight ‘‘A’’ student in his Latin class. sial issue of medically impaired drivers. Con- I would like to extend my sincere congrats sional world as he was in the personal one. gress and the NHTSA should develop guide- to Michael and his family on this great occa- Our country has experienced a great loss. lines, which are respectful to individual drivers, Congressman Lehman was the kind of man sion and wish him additional success as he while setting appropriate standards for driving who does not come around often, and we continues to teach at St. Mark’s. privileges that ensure the safety of commu- were blessed to have him in Congress. He f nities and the general public. was a role model to politicians everywhere HONORING THE CONTRIBUTIONS and an inspiration to citizens all across the OF MCMULLEN COUNTY TAX f Nation. He will be sorely missed wherever he COLLECTOR ANGELA BOSWICK was known. RECOGNITION OF SGT. KENNETH f HON. HENRY CUELLAR ‘‘LEVI’’ RIDGLEY IN HONOR OF MICHAEL J. BEN- OF TEXAS NETT’S 40 YEARS OF SERVICE TO IN THE HOUSE OF REPRESENTATIVES ST. MARK’S SCHOOL OF TEXAS Wednesday, April 13, 2005 HON. JOHN SHIMKUS Mr. CUELLAR. Mr. Speaker, I rise today to OF ILLINOIS recognize the McMullen County Tax Collector HON. PETE SESSIONS IN THE HOUSE OF REPRESENTATIVES OF TEXAS Angela Boswick for her dedicated public serv- IN THE HOUSE OF REPRESENTATIVES ice. Wednesday, April 13, 2005 Wednesday, April 13, 2005 Angela Boswick is a proud native of South- west Texas. She was born in Menard, Texas, Mr. SHIMKUS. Mr. Speaker, I rise today to Mr. SESSIONS. Mr. Speaker, I rise today to where she attended Menard High School. recognize the life of Army Sgt. Kenneth L. pay tribute to Michael J. Bennett’s 40 years of She began her professional life in the bank- Ridgley who was recently killed in action fight- teaching at St. Mark’s School of Texas. I am ing industry. During that period, she acquired ing for freedom in Mosul, Iraq. proud to represent St. Mark’s in the 32nd Con- the expertise and competence in finance that gressional District of Texas. Ridgley was a 30-year-old who grew up in have stood her in such good stead during her Pearl, Mississippi. He graduated from East Born four months before the German Blitz, work for the county. Michael Bennett grew up ‘‘in the East End of Ms. Boswick has lived in McMullen County Richland High School in Olney, Illinois. He London, not the rich part, but the tough part.’’ for the past 25 years. She entered public serv- then went on to attend Southern Illinois Uni- He attended the East Ham Grammar School ice in the tax office 15 years ago. Her hard versity in Carbondale. He served as an Army for Boys where he skipped his fifth year. As a work and competence have been repeatedly sergeant assigned to the 3rd Battalion, 21st ‘‘Sixth Former’’ or Senior, he was expected to recognized by the county, and she has repeat- Infantry Regiment, 1st Brigade, 25th Infantry specialize in an academic area to prepare for edly been promoted, eventually rising to her Division based at Fort Lewis, Washington. He the demanding A Level exams. His father, un- current position as County Tax Collector. was recently killed in action as a result of a derstanding the importance technology would Angela Boswick has been married for 10 combat related injury. play in revitalizing post-war England, sug- years, and has further contributed to her com- Sergeant Ridgley is survived by his wife, gested he study Science. But as Michael re- munity by raising two wonderful girls. She is Charity Ridgley, of Steilacoom, Washington; a called, while in Science class one day the the kind of public servant who holds our towns son, Dillon Ridgley; his father and mother, Headmaster said ‘‘ ‘This is not the place for and cities together: hardworking, accountable, Clarence and Betty Richards, of Olney; a you . . .’ and he was right . . . I chose the persistent and dedicated. Too often, the public brother and his wife, Stan and Pam Richards, Classics and that has made all the difference.’’ servants who hold vital but low-profile posi- of Alhambra; and three sisters, Sonja Terry Michael passed his A Levels and was tions such as tax collector do not get the rec- awarded a scholarship to study at Christ and her husband, Randy, of Willingford, Con- ognition they deserve. For that reason, I am necticut, Sher Richards and her husband, Church, Oxford where he studied Classics and especially happy to have had the .chance to graduated with honors, earning both a B.A. Steve Millett, of Columbus, Ohio, and Peggy thank Angela Boswick here today. Flauta and her husband, Rey, of Truckee, and M.A. He would later earn another Mas- f ter’s Degree from the Bread Loaf School of California I am proud of the service this young English at Middlebury College. Michael has EXPRESSING LAMENT FOR THE man gave to our country and the service his also studied at the Vergilian Society School at GOUDSWARD FAMILY fellow troops perform everyday. Not enough Cumae. can be said about Sergeamt Ridgley. It is At the age of 22, he joined the faculty of the HON. FRANK PALLONE troops like him that are risking their lives day St. Andrew’s School in Middletown, DE as OF NEW JERSEY in and day out to ensure our freedom here at teacher, debate coach, and Head of the IN THE HOUSE OF REPRESENTATIVES home and to others throughout the rest of the Classics Department. Three years later, in Wednesday, April 13, 2005 world. I salute him and my best wishes go out 1965, he came to St. Mark’s. During his ten- Mr. PALLONE. Mr. Speaker, I rise on the to his family and all the troops fighting to en- ure at St. Mark’s he has taught Latin, Greek, House floor to express my deep sorrow for sure freedom and democracy.

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A13AP8.028 E13PT1 April 13, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E639 HONORING THE CONTRIBUTIONS treat safely. Hundreds of exotic species arrive ballast water has been slow due to the lack of OF DOUG SELLERS OF THE SAN in U.S. waters every day through a variety of a ballast water standard and low funding for ANTONIO INDEPENDENT SCHOOL pathways such as ballast water, hull fouling, development of new technology. DISTRICT aquaculture and the seafood trade. Without ef- We need improvements in current law. Our fective federal policies to prevent and control bills have been carefully researched and sub- HON. HENRY CUELLAR these introductions, we willingly surrender our jected to broad stakeholder review, and we believe the public and industry stakeholders OF TEXAS valuable resource assets to these invasive species. will support both. We are drastically under- IN THE HOUSE OF REPRESENTATIVES The National Aquatic Invasive Species Act investing in research and efforts to prevent, Wednesday, April 13, 2005 of 2005 (NAISA) will address these problems control, and eradicate aquatic invasive spe- Mr. CUELLAR. Mr. Speaker, I rise today to by: (1) Establishing a national mandatory bal- cies. We don’t get a second chance to prevent recognize Mr. Doug Sellers of the San Antonio last water management program, (2) Requiring an invasive organism from taking hold in our Independent School District for his active work ships to have an Invasive Species Manage- waters. Our bills would make the U.S. in our community. ment Plan that outlines ways to minimize proactive in saving its citizens billions of public Doug Sellers was born in the great State of transfers on a ‘‘whole ship’’ basis, (3) Creating dollars by allowing us to stop future invasions Texas in 1952. He attended high school in a ballast water treatment technology certifi- while effectively controlling and eradicating San Antonio, where he currently serves as cation program, and (4) Including incentives current invaders. District 4 Trustee for the San Antonio Inde- for ship owners to install experimental ballast I urge my colleagues to support the National pendent School District. treatment technology. Aquatic Invasive Species Act and comprehen- Doug Sellers is the type of educator who lis- NAISA would also prevent invasive species sive prevention, control, and eradication of tens to our kids. Having started out as a Band introductions from other pathways by: (1) Iden- invasive species in the U.S. Booster, he has been involved in the school tifying and managing pathways that pose the f district for over 15 years and he understands highest risk of introducing invasive species, (2) RECOGNIZING SAN JOAQUIN COUN- the unique needs of our children in the San Creating a screening process for planned im- TY SHERIFF’S DEPARTMENT’S Antonio community. portations of live aquatic organisms, (3) Sup- 1996 S.W.A.T. TEAM Doug Sellers believes that positive change porting development and implementation of in the educational community is the best way State Aquatic Invasive Species Management Plans, including early detection, screening and HON. RICHARD W. POMBO to help our city rise to the challenges of the OF CALIFORNIA rapid response activities at state and regional next century. He has striven to make the San IN THE HOUSE OF REPRESENTATIVES Antonio Independent School District a place levels, (4) Conducting ecological surveys for where he is proud to send his own grand- early detection of invasive species and anal- Wednesday, April 13, 2005 children. ysis of invasion rates and patterns, (5) Making Mr. POMBO. Mr. Speaker, I rise today to Mr. Sellers is dedicated and passionate available federal funding and resources for recognize the San Joaquin County Sheriff’s about improving our schools and he works .rapid response to introductions of invasive Department’s 1996 S.W.A.T. Team. That year hard for our community. Under Doug Sellers species, (6) Preventing inter-basin transfer of was both successful in combating crime and guidance, our educational and arts commu- organisms by increasing funding and re- yet terribly tragic as they faced the loss of a nities have a bright future. sources for dispersal barrier projects and re- fellow S.W.A.T. Team member. The S.W.A.T. Mr. Speaker, it is an honor to have been search, (7) Establishing environmental sound- Team completed over 550 search warrants, given this opportunity to recognize Doug Sell- ness criteria to ensure all prevention and con- experienced three shootings, and experienced ers of the San Antonio Independent School trol measures enacted do not further harm the the devastating loss of Deputy Dighton Little, District for his dedication to the educational environment, (8) Creating education and out- who was killed in action while serving the peo- and arts communities. reach programs to inform the public on pre- ple of San Joaquin County. His heroism will f venting transfers of invasive species by proper be remembered by my constituents, and I rise cleaning of recreational boats, and proper dis- this day to honor his memory. INTRODUCTION OF THE NATIONAL posal of nonnative organisms for home aquar- Mr. Speaker, please join me in congratu- AQUATIC INVASIVE SPECIES ACT ia, (9) Conducting research on high-risk inva- lating each member of the San Joaquin Coun- sion pathways and alternative prevention and ty Sheriff’s Department’s S.W.A.T. Team of HON. WAYNE T. GILCHREST control technologies, and (10) Making avail- 1996 for their exemplary devotion, service, OF MARYLAND able $170 million in federal funds for aquatic and selflessness in their important role as pro- tectors of the community. The S.W.A.T. Team IN THE HOUSE OF REPRESENTATIVES invasive species prevention, control, and re- search. of 1996 included: Sergeant Walt Shankel, Ser- Wednesday, April 13, 2005 Congress has addressed this issue in two geant Robert Humphreys, Deputy Richard Mr. GILCHREST. Mr. Speaker, I join my col- past legislative initiatives: the Nonindigenous Cordova, Deputy Jody Leberman, Deputy league, Representative VERNON EHLERS, in in- Aquatic Nuisance Prevention and Control Act Richard Dunsing, Deputy Adail Thrower, Dep- troducing a pair of bills that comprehensively of 1990 (NANPCA) and its reauthorization as uty Mark Dreher, Deputy Steve Rivera, Deputy address the growing problem of aquatic the National Invasive Species Act of 1996 Gilbert Mendez, Deputy Don Tisher, Deputy invasive species in the United States and its (NISA). Spurred by the growing concern over Steve Fontes, Deputy Gary Sheridan, Deputy territories. These foreign invaders, from Sea the zebra mussel invasion in the Great Lakes, Armondo Mayoya, Deputy Jesse Dubois, Dep- Lamprey in the Great Lakes to Asian Carp in NANPCA created a multi-agency task force, uty Dave Claypool, Deputy Ken Bassett, Dep- the Mississippi to Moon Jellies in the Gulf to the Aquatic Nuisance Species Task Force, to uty Ken Rohde, Deputy Albert Garcia, and Rappa Whelk in the Chesapeake Bay to Zebra address the issue of aquatic invaders and em- Deputy Dighton Little (killed in action). I am in Mussels across the U.S. and hundreds of powered the Coast Guard to develop guide- deep admiration of these fine members of my other plants, fish, and invertebrates, cause lines for ballast water management for the congressional district, and am pleased to significant economic and ecological damage Great Lakes. In 1996, Congress expanded the honor them today in the chamber of the throughout North America. In recent estimates, ballast water guidelines to a national voluntary House of Representatives. invasive species are demonstrated to cost the program to be made mandatory if compliance f U.S. at least $138 billion per year. Forty-two is not sufficient. IN HONOR OF SERGEANT FIRST percent of the species on the federal threat- While these laws made some progress, they CLASS DANA BOWMAN (RET.) ened and endangered species lists are nega- have not yet solved the problem of aquatic tively impacted by invasive species. Once es- invasive species introductions. For example, tablished, invasive species displace native the national ballast water guidelines have HON. DENNIS J. KUCINICH OF OHIO species, impede municipal and industrial water seen low compliance. In addition, the only pre- IN THE HOUSE OF REPRESENTATIVES systems, degrade ecosystems, reduce rec- vention option currently available to ships, bal- reational and commercial fishing opportunities, last water exchange, has varying effectiveness Wednesday, April 13, 2005 and can cause public health problems. that is difficult to measure, causes vessel Mr. KUCINICH. Mr. Speaker, I rise today in Aquatic invasive species are a particular safety concerns, and is not appropriate for recognition of SFC Dana Bowman, a coura- problem because they readily spread through coastal voyages. Development of new meth- geous and dedicated former soldier in the interconnected waterways and are difficult to ods of combating transfers of organisms from United States Army.

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.033 E13PT1 E640 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2005 Sergeant First Class Bowman, a former IN RECOGNITION OF THE MODESTO we are encouraging to look forward to a future member of the Army Special Forces and the POLICE DEPARTMENT that includes further European integration? I ‘‘Golden Knights’’—the Army’s elite parachute believe it is impossible to look forward without team—has inspired the world in his recovery HON. DENNIS A. CARDOZA acknowledging the past and what really hap- and unwavering will to succeed, despite all OF CALIFORNIA pened at Srebrenica. We have many lessons odds, following his tragic training accident in IN THE HOUSE OF REPRESENTATIVES to learn from the past. 1994. At Yuma, Arizona, Sergeant First Class Wednesday, April 13, 2005 First, the very fact that many of those re- Bowman and his fellow paratrooper, Sergeant Mr. CARDOZA. Mr. Speaker, I rise today to sponsible for the Srebrenica massacre—espe- First Class Jose Agillon, struck each other cially Ratko Mladic and Radovan Karadzic and midair, severing both of his legs. recognize the Modesto Police Department for being awarded full accreditation by the Com- others—not only have evaded justice in The Not only did Sergeant First Class Bowman mission on Law Enforcement Accreditation Hague but may be receiving protection and recover and re-enlist in the Army after a mere (CALEA). This accreditation is a significant ac- are held almost as folk heroes by some indi- nine months, thereby becoming the first dou- complishment for the Department as only cates that the past has not been fully under- ble amputee to re-enlist, but he became the twenty four percent of all full-time police offi- stood. Hundreds of people currently holding United States Parachute Team’s recruiting cers in the United States are members of positions of responsibility are only now being commander and lead speaker, telling others of agencies officially accredited by CALEA. investigated for possible connections to the the great sense of fulfillment and accomplish- The goals of the CALEA are to strengthen massacre. Clearly the myths and propaganda ment such a duty can bring. From his military crime prevention and control capabilities, for- originally used to justify a slaughter still hold retirement in 1996 to the present, Sergeant malize essential management procedures, es- sway in the minds of too many people. First Class Bowman has encouraged the tablish fair and nondiscriminatory personnel Second, the international community must physically impaired and disabled community to practices, improve service delivery, solidify learn not to repeat the mistakes it made with never underestimate their potential to achieve inter-agency cooperation and boost citizen and horrible consequences in 1995. Some. lessons their dreams, succeed in work and thrive in staff confidence in the agency. The Modesto have been learned. For the first time since life. Police Department was recognized with full World War II, for example, an international tri- Mr. Speaker, please join me in honor and accreditation for achieving and sustaining bunal was created to prosecute those respon- recognition of SFC Dana Bowman. His posi- these goals. sible for war crimes, crimes against humanity tive outlook on life, personal strength, and will Under the leadership of Police Chief Roy and genocide. That body has borne some re- to uplift others touches all who come in con- Wasden, the Modesto Police Department has sults, though its task is not complete. tact with him. worked diligently for many years to ensure that high quality professional police services Intervention in Bosnia-Herzegovina was not some reckless act, as some suggest, but a f are provided to the community of Modesto. The Department was finally recognized for needed response made increasingly difficult by unnecessary delay. Mutual congratulations HONORING THE CONTRIBUTIONS their longstanding commitment to excellence will undoubtedly come later this year when OF PASTOR ANDREW WILSON in law enforcement after a thorough agency- wide evaluation and exacting outside review. commemorating the ten year anniversary of The Modesto Police Department became the the Dayton Agreement. We would do well, HON. HENRY CUELLAR 13th law enforcement agency in California to however, to recall that it was the simple achieve accreditation. It is now the largest po- shame of allowing thousands to be massacred OF TEXAS lice department in California to be accredited. within one of the international community’s of- IN THE HOUSE OF REPRESENTATIVES I ask that my colleagues join me in com- ficially designated ‘‘safe areas’’ that finally mo- mending the Modesto Police Department for tivated serious consideration of action against Wednesday, April 13, 2005 their hard work and commitment to protecting the brazen thugs responsible for these crimes. and serving our community. Standing with tra- Unfortunately, it took additional atrocities be- Mr. CUELLAR. Mr. Speaker, I rise today to dition, the Department can always be counted fore effective action was taken. honor the important contributions of Pastor upon and turned to during times of need. Such Andrew Wilson of the Shiloh Missionary Bap- It is also helpful to listen to some of the outstanding departments are the cornerstones tist Church. words spoken in the aftermath of the of each member of the Department for their Srebrenica massacre. For example, 27 non- A native Texan, Andrew Wilson grew up in hard work and tireless dedication. They are governmental organizations—including reli- San Antonio, Texas. He graduated from Gua- truly heroes of our community. I am honored gious and humanitarian organizations not usu- dalupe Theological Seminary in 1984 and later to represent such a distinguished police de- ally inclined to support the use of force, as was named recipient of an Honorary Doctorate partment in the 18th Congressional District of well as Muslim and Jewish organizations not of Theology from the Guadalupe District Asso- California. known for taking common stands—issued a ciation College. f powerful statement: Reverend Andrew Wilson has served as REMEMBERING THE SREBRENICA Bosnia is not a faraway land of no concern Pastor of the Shiloh Missionary Baptist Church MASSACRE to our ‘‘national interest.’’ At stake is the for over twelve years. Under his active and global commitment to fundamental human passionate guidance, the Shiloh ‘‘Missionary values—the right not to be killed because of Baptist Church has taken on numerous impor- HON. CHRISTOPHER H. SMITH one’s religious or ethnic heritage, and the OF NEW JERSEY tant community projects. right of civilians not to be targeted by com- IN THE HOUSE OF REPRESENTATIVES batants. He serves as an active member of the Bap- Wednesday, April 13, 2005 tist Ministers Union, the Community Churches At about the same time, the U.N.’s for Social Action, and as Spiritual Advisor to Mr. SMITH of New Jersey. Mr. Speaker, I rapporteur for human rights in the former the San Antonio Chapter of the Texas Gospel want to bring to the attention of my colleagues Yugoslavia, former Polish Prime Minister Announcers Guild/Gospel Music Workshop of House Resolution 199, regarding the 1995 Tadeusz Mazowiezki, explained why he could America. He also participates in the Nolan massacre at Srebrenica in eastern Bosnian- no longer ‘‘continue to participate in the pre- Street Bridge Program, which helps to feed Herzegovina. In July, ten years will have tense of the protection of human rights’’ and the homeless in our community. passed since thousands of Bosniaks perished chose to resign in response to the events at in what was the worst atrocity committed dur- Pastor Wilson is the husband of Yevette Srebrenica. Known as a thoughtful, principled ing the three-and-a-half years of conflict in man, he said: Wilson, and father of Andrenette and the Rev- Bosnia. This was an absolute fiasco by the erend Leonard Wilson. international community, eroding its credibility One cannot speak about the protection of Mr. Speaker, Pastor Andrew Wilson is a and principles. Those of us who worked to- human rights with credibility when one is confronted with the lack of consistency and source of tremendous strength for his commu- gether at the time in urging a more decisive courage displayed by the international com- nity, and his commitment to serving his fellow international response can remember the hor- munity and its leaders. . . . Crimes have been man serves as a powerful example. I am ror associated with that conflict. committed with swiftness and brutality and proud to have the chance to honor him here Many may ask: why do this? Why focus on by contrast the response of the international today. what happened ten years ago in a region that community has been slow and ineffectual.

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.037 E13PT1 April 13, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E641 If, when listening to these words from ten Ms. Jean Johnson has been involved with as ‘‘Volunteer of the Year,’’ and the Miami years ago, we think of subsequent events in- numerous charitable organizations including Herald has awarded her Honorable Mention cluding Darfur today, we realize how little we Sunshine Cathedral Board of Directors, the for its Good Neighbor Award. Ms. have indeed learned. Jail Ministry, the Women’s Guild, SAGE, Holly- Schneiderman has been involved with Hospice In Bosnia-Herzegovina we also produced wood Humane Resource Advisory Board, Sen- and Deborah Heart and Lung Center. She has examples of the best in humanity, people in iors and Law Enforcement Together, and the also been recognized for her 15 years of serv- the international community—aid workers, sol- American Cancer Society. Ms. Johnson has ice to the Retired Senior Volunteer Program diers, diplomats, journalists, monitors and ad- also been an active volunteer at the Noble A. (RSVP). vocates—who risked and sometimes gave McArtor Adult Day Care Center, serving on Ms. Shelly Spivak has devoted herself to a their lives to prevent further loss of life. I par- the Sponsorship and Publicity/Advertising Sub- variety of charitable causes, while also main- ticularly mention in this connection the Amer- committees of the Advisory Council. taining a full-time career. Ms. Spivak has vol- ican negotiators Robert Frasure, Joseph Ms. Betty Kaufman has coordinated fund- unteered her time for the Governance Council Kruzel, and Nelson Drew who died while trav- raising, education and outreach efforts for over of the United Jewish Community, the West eling Bosnia’s dangerous, war-torn roads. 15 years. Ms. Kaufman has been recognized Broward Unit Issues Committee of the Amer- They deserve our gratitude for the efforts to as Volunteer of the Year of the Advisory ican Cancer Society, the Allocation Committee restore peace in Bosnia-Herzegovina. Council of the Area Agency of Aging. Ms. of United Way of Broward, the Unit Board of Finally, Mr. Speaker, we cannot forget the Kaufman has also been actively involved with the Boys and Girls Club of Hollywood, and the memory of the victims of Srebrenica and those the Broward Grandparents program; having Cities in Schools of Broward County School who survived, but were traumatized by the de- worked on the Senior Spring Festival, Foster Board. bacle at Srebrenica. Many continue to wonder Grandparents Breakfast, and ‘‘Gift of Gold’’ Mrs. Mary Todd has been an active member about the ultimate fate of the missing, even as Distribution. Additionally, her service received of the Broward County Medical Association new mass graves have been unearthed in statewide attention in 1993, when the late Auxiliary for over one quarter of a century, northeastern Bosnia-Herzegovina. For these Governor Lawton Chiles proclaimed two days while serving as Chair, Vice Chair, Secretary people, ten years is not long ago, and recog- in her honor for her leadership role in the mar- and Corresponding Secretary. Mrs. Todd is nizing the pain and anguish they experienced keting industry. also a dedicated Board Member for the may help bring closure for them. Some of Mrs. Shirley Lewenberg has proven herself Areawide Council on Aging. these victims, I should add, have come to our as an effective fund-raiser for numerous orga- Mr. Speaker, for their dedicated service to country as refugees and are now Americans. nizations. For the past several years, Mrs. the community, I wish to once again recognize They will no doubt be remembering the tragic Lewenberg has been involved with the Amer- these eleven outstanding seniors, who have events at Srebrenica ten years ago. ican Cancer Society’s Jail and Bail event, ex- been elected to the Dr. Nan S. Hutchinson I will not detail here the almost unspeakable ceeding the nonprofit’s fund-raising goals Broward Senior Hall of Fame for 2005. horrors that were part of the massacre at many times. Additionally, she has held the Srebrenica in July 1995. Some of the events Area Agency on Aging’s Fund-raising Co- f are mentioned in House Resolution 199. Mr. Chair position, and has been honored as Vol- Speaker, I hope that my colleagues will give unteer of the Year. HONORING THE CONTRIBUTIONS this measure their serious consideration and Ms. Mary Macomber is involved with a vari- OF MAYOR BILL CARROLL OF active support. ety of charitable causes which improve the PLEASANTON, TEXAS f quality of life of all for all Broward County resi- dents. Ms. Macomber is actively involved with HONORING THE 2005 DR. NAN S. the Coordinating Council of Broward (CCB); HON. HENRY CUELLAR HUTCHINSON BROWARD SENIOR serving as Chair of the Steering Committee, OF TEXAS HALL OF FAME ELECTEES Multicultural Board, and Million Meals Com- IN THE HOUSE OF REPRESENTATIVES mittee. Ms. Macomber also gives her time to Wednesday, April 13, 2005 HON. E. CLAY SHAW, JR. the City of Coral Springs Multicultural Advisory Mr. CUELLAR. Mr. Speaker, I rise today to OF FLORIDA Board, South Florida Human Rights Council, recognize Mayor Bill Carroll of Pleasanton, IN THE HOUSE OF REPRESENTATIVES and she is the Vice Chair of the Noble A. McArtor Adult Day Care Advisory Council. Texas for his distinguished record of dedica- Wednesday, April 13, 2005 Mr. Matt Meadows is a Past President of tion to his fellow citizens. Mr. SHAW. Mr. Speaker, I rise today to rec- the Area Agency on Aging’s Board of Direc- Bill Carroll was born and raised in Dilley, ognize the eleven electees to the Dr. Nan S. tors and a has served as member of the Alz- Texas. He served his country in Vietnam in Hutchinson Broward Senior Hall of Fame for heimer Association’s Board of Directors since 1968 and 1969, where he was a member of 2005. To coincide with the month of May as 1996. Mr. Meadows has served on the City of the 101st Airborne. He received his Bachelor’s Older Americans’ Month, the Area Agency on Lauderhill’s City Commission for 6 years and degree in Spanish from Texas State Univer- Aging of Broward County annually coordinates has served as a Board Member for both the sity, and first came to Pleasanton in 1979. the Hall of Fame Elections to honor seniors Broward and the Florida League of Cities Mr. Carroll has been married to his wife, who are dedicated to serving their community. Boards. Mr. Meadows has also worked exten- Beth, for 38 years, and has two sons. He has Mr. Vincent Ciardullo has donated over sively to benefit South Florida’s minority popu- been highly active in community volunteer ac- 7500 hours of community service to the Coral lations through his work with the Florida Com- tivities; he has been a member of the Knights Springs Medical Center Auxiliary, where he mission on Minority Health, the Florida Com- of Columbus for over 30 years, and currently holds the elected position of Parliamentarian mission on Minority Economic and Business holds the rank of fifth degree knight and Cere- and Chair of ‘‘Ways and Means.’’ Mr. Ciardullo Development and the Florida Commission of monial Delegate in that organization. has also raised funds in excess of $250,000 African American Affairs. In 1998, Mr. Carroll was appointed to rep- for the facility. In 1997, Mr. Ciardullo initiated Ms. Betty Priscak has been involved with resent District 6 in the City Council. He was the annual Teddy Bear Parade which has col- numerous charitable organizations including elected to the same office in 1999, and then lected thousands of teddy bears that local po- Sunshine Cathedral Board of Directors, the rose to the rank of Mayor in May 2000. He lice and EMS departments distribute to chil- Jail Ministry, the Women’s Guild, SAGE, Holly- has been reelected as Mayor in every subse- dren in distress situations. wood Humane Resource Advisory Board, Sen- quent year, and continues to hold the post Mr. Nat Goren has dedicated himself to a iors and Law Enforcement Together, and the today. number of South Florida medical centers. He American Cancer Society. Ms. Priscak has Mayor Carroll has distinguished himself as a has served on the Board of Directors for the also been an active volunteer at the Noble A. soldier, a volunteer, a public servant, a hus- American Cancer Society, is the Past Presi- McArtor Adult Day Care Center, serving on band, and a father. He is the kind of citizen dent of the Alzheimer’s Association of South the Sponsorship and Publicity/Advertising Sub- who holds our communities together, through Florida, and the Past Chairman of Broward committees of the Advisory Council. his hard work, energy, and willingness to Meals on Wheels. A World War II Naval Vet- Ms. Esther Schneiderman has worked with serve. He is a credit and a blessing to eran, Mr. Goren is a devoted and active mem- the Hollywood Hills Nursing Home for over 12 Pleasanton, and I am proud to have the ber of his community. years. She has been recognized by the Home chance to thank him here today.

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A13AP8.041 E13PT1 E642 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2005 PERSONAL EXPLANATION threatening abandoned coal mine reclamation keeping faith with the original mission of the costs in this country. There are other costs as program. Among other reforms envisioned are HON. RON LEWIS well, associated with lower priority abandoned federal approval of any additions made to the OF KENTUCKY coal mine sites. The fundamental purpose of official Abandoned Mine Reclamation Inven- IN THE HOUSE OF REPRESENTATIVES the ‘‘Abandoned Mine Lands Reclamation Act tory and a review of those additions made of 2005’’ is to raise sufficient revenues which, since the OSM policy shift on the general wel- Wednesday, April 13, 2005 when coupled with the unappropriated balance fare standard. Mr. LEWIS of Kentucky. Mr. Speaker, I was in the Abandoned Mine Reclamation Fund and The purposes of these reforms are in- absent from the House on Tuesday, April 12, the reforms proposed by the legislation, to fi- tended, as previously noted, to complete those attending a funeral for a soldier in my district nance the reclamation of the remaining $3 bil- projects which are necessary to complete for who died heroically last week in the effort to lion inventory of high priority coal reclamation the sake of protecting the health and safety of liberate Iraq. Had I been present, I would have sites and draw this effort to a successful con- coalfield residents. At the same time, they are voted the following way: clusion. also intended to give the coal industry which H.R. 135: To establish the Twenty-First In this regard, it is essential to note that this finances this program reasonable assurances Century Water Commission to study and de- program is not financed by the general tax- that the fees it pays will not be squandered velop recommendations for a comprehensive payer but rather through a fee assessed on but put to good use, and to give the industry water strategy to address future water needs, every ton of coal mined. The unreclaimed coal a time frame which it can count on when the ‘‘yea.’’ sites eligible for expenditures under the pro- assessment of those fees will no longer be H.R. 541: To direct the Secretary of Agri- gram were primarily abandoned prior to the necessary. culture to convey certain land to Lander Coun- enactment of the Surface Mining Control and I would like to make note of two additional ty, NV, and the Secretary of the Interior to Reclamation Act of 1977 which placed strin- changes to current law proposed by this bill. convey certain land to Eureka County, NV, for gent mining and reclamation standards in As already noted, in the past appropriations continued use as cemeteries, ‘‘yea.’’ place. The authority to collect these fees was were made available from the Abandoned f originally for a 15–year period. However, on Mine Reclamation Fund to the Rural Aban- two prior occasions through legislation I spon- INTRODUCTION OF THE ABAN- doned Mine Program (RAMP), an Agriculture sored the Congress extended those fees col- Department program. No such appropriations DONED MINE LANDS RECLAMA- lections in recognition of the continued need to TION REFORM ACT OF 2005 have been forthcoming for six fiscal years address health, safety and environmental now. I find this disappointing. While the Inte- threats in the Nation’s coalfield communities. rior Department and the States from the very HON. NICK J. RAHALL II Those fee collections are currently set to ex- beginning were against RAMP funding, con- OF WEST VIRGINIA pire at the end of June this year. tending it was duplicative of their efforts, this A central feature of this legislation then is to IN THE HOUSE OF REPRESENTATIVES in my view and in that of many others was not extend that fee collection authority through the Wednesday, April 13, 2005 the case. RAMP served a distinctly different year to 2020. This is the period the OSM esti- purpose involving a closer working relationship Mr. RAHALL. Mr. Speaker, today I am mates will be necessary to generate the addi- with landowners and sought to address rec- pleased to join our colleague Representative tional revenue to complete the high priority lamation projects on a more holistic basis. An- BARBARA CUBIN in introducing the ‘‘Abandoned coal site inventory. However, that alone will other problem that also dogged RAMP was Mine Lands Reclamation Reform Act of 2005’’ not allow us to achieve that goal which is the the fact that while it is an Agriculture Depart- in recognition of the pressing need to make reason for the reforms proposed by this bill. continued progress in restoring the environ- Simply put, in my view over the years there ment program, its appropriations were being ment in coalfield communities throughout the has been a hemorrhaging of some of the fund- made out of an Interior Department trust fund Nation. ing made available under this program to by the Interior Appropriations bill. Obviously, Originally authorized as part of the landmark lower priority projects. One of the reasons this Interior officials had little interest in this ar- Surface Mining Control and Reclamation Act reduction in focus on health and safety threat- rangement and so beginning in 1995 we have of 1977, to date over $5 billion has been ap- ening projects has occurred is due to a late not been able to obtain funding for RAMP. In propriated under the Abandoned Mine Rec- 1994 OSM policy shift that corrupted what is my view, this situation will not change if the lamation Program in an effort to restore lands known as the general welfare standard in the status quo is maintained. For that reason, the and waters adversely affected by past coal coal reclamation priority rankings. This new legislation I am introducing today would au- mining practices. These restoration projects policy has had the affect of allowing States to thorize RAMP for general fund appropriations normally involve threats to the public health bootstrap what would normally have been rather than out of the Abandoned Mine Rec- and safety from dangerous highwalls, subsid- lower priority 3 projects into the higher priority lamation Fund so that funding can be pursued ence, refuse piles and open mine portals. 1 and 2 rankings. To be clear, not all States through the Agriculture Department’s Natural They also include the construction of new or even a majority of States have taken ad- Resources Conservation Service’s budget. water supply systems to coalfield communities vantage of this new policy and I commend Finally, this legislation also seeks to deal in where water supplies have been contaminated them for that. Yet it is a fact that as a result a comprehensive fashion with the problems by past coal mining practices. Over the years, of this new policy the bona fide $3 billion in- which have been plaguing the coal miner funds have also been made available under ventory of unfunded priority 1 and 2 projects health care program. this program for emergency coal reclamation has swollen to over $6 billion. I do not recog- In that regard, the bill would lift the restric- projects, the Rural Abandoned Mine Program, nize this $6 billion figure and neither does this tion that interest accrued in the Abandoned the Small Operators Assistance Program, cer- legislation. Mine Reclamation Fund can only be trans- tain noncoal mining reclamation projects and The reforms proposed by this bill include ferred to what is known as the Combined Ben- the administration of the program. eliminating the general welfare standard and efits Fund for unassigned beneficiaries. Under The primary delivery mechanism for these restricting the use of State/tribal share grants this bill, all accrued interest would be available funds is through annual grants made through and supplemental federal share grants to bona to keep faith with the promise made by the the annual appropriations process to 26 eligi- fide coal priority 1 and 2 projects involving federal government many years ago to guar- ble States and Indian tribes. This effort is aug- threats to human health and safety. Once antee health care benefit for certain retired mented by funds expended by the Interior De- those projects are completed and only when coal miners. Further, this legislation would partment’s Office of Surface Mining (OSM) in those projects are completed, with two minor also make accrued interest available for what States and tribes without approved reclama- exceptions, can a State or tribe undertake the are known as the 1992 and 1993 Plans. Due tion programs. By most accounts, this effort lower priority coal projects under the certifi- to a variety of factors, such as the rash of has been a success achieving far more in real cation program with their State/tribal share steel company bankruptcies and the Horizon on-the-ground environmental restoration than grants. The exceptions to this rule involve situ- decision of last year, these plans are coming programs such as the Superfund. ations where a priority 3 site is undertaken in under financial hardship and we must also Yet, the mission of this program has not yet conjunction with a priority 1 or 2 site, or where keep faith with those retired coal miners and fully been accomplished which is the reason a priority 3 site is addressed in association their dependents covered by them. for the legislation I am introducing today. As it with a coal remining operation. In effect, this Mr. Speaker, it is time, far past the time, for stands, there currently exists about $3 billion legislation seeks to target the lion’s share of this Congress to move forward with this legis- worth of high priority human health and safety available funding to coal priority 1 and 2s lation.

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A13AP8.045 E13PT1 April 13, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E643 TRIBUTE TO DR. MARIAN J. as a former co-Chairman of the U.S. Commis- the same time, advocated for programs and HOCKENHULL sion on Improving the Effectiveness of the policies that have addressed the changing U.N., I am convinced that constructive reform needs of the college and its students. In 1979, HON. DALE E. KILDEE of the Security Council is in order. she became president of a small private liberal It is in the world’s interest and the U.S. na- OF MICHIGAN arts women’s college. Since then, Sister Janet tional interest to expand the Security Council. IN THE HOUSE OF REPRESENTATIVES has transformed Emmanuel into a coeduca- The claim of India, Japan and Germany for a tional institution with a greater emphasis on Wednesday, April 13, 2005 permanent seat is compelling. Likewise, there math and science. As a result of her efforts to Mr. KILDEE. Mr. Speaker, I come before is a credible case that the Security Council have Emmanuel embrace the math and this body today to pay tribute to an out- could be modestly expanded on a shared co- science disciplines, the Merck Pharmaceutical standing woman, Dr. Marian J. Hockenhull. Dr. country basis as well. For example, Brazil and Corporation has recently built a major re- Hockenhull has been appointed the National Mexico might be awarded a seat in which they search facility on campus, greatly expanding Youth Director of the Young People’s Depart- would alternate terms. In a similar way, Egypt, laboratory access for the college’s faculty and ment of the Women’s Auxiliary to the National Nigeria, and South Africa might be given the students. Baptist Convention, USA, Inc. The First Trinity right to alternate terms with each other, as Sister Janet believes, as I do, that the future Missionary Baptist Church will hold a reception might the Muslim-majority countries of Indo- of the New England region depends upon sci- to celebrate this prestigious appointment on nesia, Pakistan and Bangladesh. Such an ap- entific intellectual capital and biomedical inno- Saturday, April 16 in my hometown of Flint, proach would expand the Security Council by vation and she is determined to ensure that Michigan. six seats, involving the granting of new rights Emmanuel and its students have a place in The list of Dr. Hockenhull’s accomplish- to eleven countries. that future. With that in mind, Sister Janet ments is a testament to the energy and hard The case for granting veto power to new serves on the Executive Committee of work she has expended over the years. She full-time members may be credible, but for MASCO, the Medical, Academic, and Sci- has received honor after honor from her so- various reasons one or another of the current entific Community Organization of the rorities, her community and her church. She five permanent members can be expected to Longwood Medical and Academic Area, and has received numerous awards at the local, object to the dilution of their own veto author- has organized her academic neighbors into a district, state and national level. The leader- ity. Hence, realistically membership but not formidable consortium, ‘‘the Colleges of the ship of the National Baptist Convention and veto expansion is likely to be the agenda Fenway’’. This consortium includes Simmons Baptist World Alliance chose her to represent issue subject to serious review at this time. College, Wheelock College, Wentworth Insti- their organizations on the international level Expansion of the number of permanent tute, Massachusetts College of Art, and the where she was able to bring her inspiration to seats under this approach would involve a Massachusetts College of Pharmacy and Al- persons in many nations. substantial change in the Security Council, but lied Health Sciences. Dr. Hockenhull has spent her life ministering this change would be more likely to be stabi- In addition to her efforts to maintain a high to children. She is committed to improving the lizing than destabilizing because it would bet- level of academic excellence at Emmanuel, lives of the next generation both in the United ter reflect power balances in the world today Sister Janet has preserved and deepened the States and around the world. As a retired edu- and lead to more equitable financial burden- college’s commitment to community service. cator of the Beecher School District, and in sharing of U.N. actions. It would cause the Freshman Orientation includes an introduction her work at the University of Michigan-Flint, Council to reflect greater religious and racial to volunteer opportunities in Boston food pan- she is a firsthand witness to the power of edu- diversity and also be composed of a higher tries, after-school programs, environmental cation to motivate and promote a better life. percentage of the world’s population. Such a projects, homeless shelters, and hospices. As As an activist for youth, Marian Hockenhull new Security Council arrangement would un- a result, Emmanuel’s students devote count- has sought better living conditions, educational derscore the role of Asia in world affairs as less hours to community service activities opportunities and the improved well being of well as reflect a more credible African and such as providing educational tutoring and the young. Latin American presence. mentoring to Boston’s at-risk children. Last This longstanding commitment to children is In any regard, I would hope that the Execu- fall, Sister Janet dedicated the Jean Yawkey only underscored by her current appointment tive Branch as well as other member countries Center for Community Leadership to focus as the National Youth Director. The position of the U.N. might give this and other com- and support community engagement. The will allow Dr. Hockenhull to continue her advo- parable approaches serious consideration. Yawkey Center joins the Carolyn A. Lynch In- cacy for children. I ask the Congress of the f stitute, formed to support urban teachers, in United States to join with me in congratulating HONORING SISTER JANET EISNER linking Emmanuel students with public and pri- Marian Hockenhull as she assumes her new IN RECOGNITION OF HER 25 vate inner city schools. post with the Women’s Auxiliary of the Na- YEARS AS PRESIDENT OF EM- Few people have achieved what Sister tional Baptist Convention. MANUEL COLLEGE Janet has achieved, and yet she firmly be- f lieves that there is far more to accomplish at the college. Lilies adorn the seal of Emmanuel SECURITY COUNCIL EXPANSION HON. MICHAEL E. CAPUANO OF MASSACHUSETTS College, but I think Sister Janet’s contributions IN THE HOUSE OF REPRESENTATIVES to Emmanuel are more emblematic of the HON. JAMES A. LEACH flower of the Sisters of Notre Dame de Namur: Wednesday, April 13, 2005 OF IOWA the sunflower. The sunflower is strong, bril- IN THE HOUSE OF REPRESENTATIVES Mr. CAPUANO. Mr. Speaker, I rise to honor liant, and constantly seeking light. I could not a remarkable woman, constituent, and friend, Wednesday, April 13, 2005 think of a more fitting description of Sister Sister Janet Eisner, president of Emmanuel Janet’s tenure at Emmanuel College. I con- Mr. LEACH. Mr. Speaker, one of the most College, Later this month, on April 28, Sister gratulate Sister Janet for a remarkable 25 talked-about issues in foreign policy today re- Janet will celebrate 25 years as the college’s years as president of Emmanuel College and lates to the nature and possibility of United president. wish her continued success in the years to Nations reform, including the question of Founded in 1919 by the Sisters of Notre come. whether to expand the number of permanent Dame de Namur, a French order established f members of the U.N. Security Council. to educate the daughters of the poor, Emman- Not unexpectedly, the People’s Republic of uel College, under the leadership of Sister STOP VIOLENCE AGAINST WOMEN China has expressed great angst about sev- Janet, remains true to that mission. Under her WEEK AND INTERNATIONAL eral of the proposed methodologies for ex- leadership, thousands of young women from WOMEN’S DAY panding the number of permanent members— disadvantaged backgrounds have studied and possibly because of historical friction between received degrees from the college. Though to- HON. JUANITA MILLENDER-McDONALD China and Japan and, to a lesser extent, day’s students are from a more diverse socio- OF CALIFORNIA India. economic pool, Emmanuel continues to pro- IN THE HOUSE OF REPRESENTATIVES My sense is that the issue of the make-up vide need-based financial aid to more than 70 Wednesday, April 13, 2005 of the Security Council should be the subject percent of its students. of serious review. As a former member of the Herself a graduate, Sister Janet has em- Ms. MILLENDER-MCDONALD. Mr. Speaker, United States Delegation to the U.N. as well braced many of the schools traditions, while at Stop Violence Against Women week affords

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.049 E13PT1 E644 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2005 us the opportunity to recognize the tremen- A BILL TO ALLOW TAX-FREE DIS- I will give just one example from my state of dous strides we have made in the decade TRIBUTIONS FROM INDIVIDUAL California, where universities and colleges re- since the Violence Against Women Act was RETIREMENT ACCOUNTS FOR ceive tremendous support from private individ- passed. We have begun to educate our com- CHARITABLE PURPOSES uals. These donations and financial gifts are munities. We are slowly changing attitudes critical to providing the funding needed to maintain quality higher education and keep it about domestic violence from seeing it as a HON. WALLY HERGER available and affordable. In the UC system, family problem, a private issue that the gov- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES private contributions provide more than $369 ernment should not interfere with to a public million for individual university departments, Wednesday, April 13, 2005 interest issue that affects victims, their families $291 million for research, $225 million for and the nation as a whole. We have put in Mr. HERGER. Mr. Speaker, I rise today to campus improvements, and $84 million for place nationwide, state and local programs introduce legislation entitled the ‘‘Public Good scholarships and student support services. In that use a multifaceted approach to eradi- IRA Rollover Act.’’ I am introducing this bill to addition, planned gifts such as charitable re- cating this plague on our society. encourage increased charitable giving by cor- mainder trusts, gift annuities, and pooled in- recting certain provisions in the tax code re- Violence against women has decreased in come funds are a tremendously valuable lated to Individual Retirement Accounts (IRAs). source of funding for the University of Cali- the last ten years in the United States, but it Americans should have the opportunity to fornia System. This legislation encourages is still at epidemic proportions throughout the make tax-free charitable contributions directly more charitable gifts such as this, which will developing world. It is projected that in 2005 from their IRA accounts. greatly benefit universities and many other over 1 million women will be the victims of do- This legislation is designed to allow individ- charities. This is sound and greatly needed mestic violence. Domestic violence knows no uals age 591⁄2 or older to contribute amounts legislation. Similar legislation has consistently racial, ethnic or socio-economic boundaries. currently held in IRA accounts directly to quali- received strong bi-partisan support in both Its social and economic consequences are in- fied charities without having to first recognize chambers of Congress. This bill was part of calculable. the income for tax purposes and then take a the CARE Act that passed the House last charitable deduction. This legislation will give year. In addition, President Bush has en- Women who are the victims of domestic vio- individuals more freedom to allocate their re- dorsed this proposal and it was included in the lence, and nearly one in three women experi- sources as they see fit while providing badly Administration’s budget request for FY2005 ences at least one physical assault by an inti- needed funding for charities, churches, muse- and FY2006. mate partner in her adult lifetime, are more ums, universities, and many other nonprofit or- This legislation is crucial to many local and likely to miss work and under perform, affect- ganizations. national charities, including American Red ing their ability to support themselves and their The IRA was intended to encourage individ- Cross and the YMCA. Associations that rep- children. Children exposed to domestic vio- uals to save for retirement, but due to a strong resent thousands of our nation’s charities and lence are more likely to be the victims them- economy and an increase in asset values, nonprofit professionals, such as the Council many individuals have more funds in these ac- selves and are more likely to perpetuate this for Advancement and Support of Education, counts that they anticipated or now need to re- the National Committee on Planned Giving, behavior when they are grown. The detri- tire comfortably. Thus, it is very common for mental affects are far-reaching and severe. INDEPENDENT SECTOR, and the Associa- retirees to donate some of their wealth to tion of Fundraising Professionals, hear daily Going forward we need to build on the foun- charities and, in some cases, that wealth is from their members whose donors want to dation put in place over the past decade. We held in an IRA. make gifts from their IRA assets. need to promote awareness. We need to pro- Individuals may withdraw funds from an IRA I look forward to working with my colleagues vide viable alternatives. We need to make without incurring an early withdrawal penalty to advance this legislation to increase private 1 sure the world knows that in the United States once they reach age 59 ⁄2. Currently, how- giving to charitable organizations by removing ever, these IRA withdrawals are generally we do not tolerate violence against women. the disincentive currently in the tax code. We taxed as income, even if the individual do- must continue to support proposals such as As we celebrate International Women’s Day nates the money to charity. Many donors are this that strengthen and increase resources for this week, we focus our attention on the chal- reluctant to make charitable contributions from the nonprofit sector, a sector that plays such lenges women face abroad. As cultural atti- their IRA assets because of the additional tax an important role in lives of millions of Ameri- tudes about women change across the world, costs they will incur. Congress has exempted cans every day. I know this legislation is need- foreign governments must also set the stage withdrawals from IRA accounts under certain ed in California and in your local communities and take affirmative steps to protect women circumstances, such as to finance the pur- as well. I hope my colleagues will join me in from violence. The increasing number of mur- chase of a home or a college education. Con- passing this important legislation. gress should also make it possible for older ders and rapes is an especially critical prob- f Americans to support charities by allowing lem in the developing world. We must let our withdrawals from their IRA assets without suf- TRIBUTE TO THE ORDER SONS OF voices be heard: America and the global com- fering adverse tax consequences. ITALY IN AMERICA ON THEIR munity will no longer tolerate these crimes This legislation also addresses other obsta- 100TH ANNIVERSARY against women. We urge foreign governments cles to charitable giving created by the current to hear our call. tax code. A taxpayer could readily recognize HON. BENJAMIN L. CARDIN We also need to combat the international the IRA withdrawal income for tax purposes OF MARYLAND and, after making a charitable gift, take a trafficking of women and children. Between six IN THE HOUSE OF REPRESENTATIVES charitable tax deduction. Unfortunately, in hundred and eight hundred thousand people many cases under current law such a simple Wednesday, April 13, 2005 are trafficked across international borders. arrangement results in a loss of some portion Mr. CARDIN. Mr. Speaker, I rise today to Eighty percent of these victims are women of the charitable deduction. For example, char- pay special tribute to the Order Sons of Italy and up to fifty percent are minors. These vic- itable contributions are subject to the itemized in America in celebration of their 100th anni- tims are bought and sold daily and forced to deduction ‘‘haircut’’ under which certain tax- versary in June 2005. The OSIA is the largest perform unspeakable acts for others’ financial payers lose a portion of their charitable deduc- and longest established organization for men gain. They are exposed to torture, sexual vio- tion. and women of Italian heritage in the United lence, fatal sexually transmitted diseases. This It is very difficult to estimate the amount of States. is modern-day slavery, this is the epitome of capital trapped by the current tax and rollover Established in 1905 as a mutual aid society violence against women and it has to stop. rules, and thus not available to our nation’s for early Italian immigrants, the OSIA has charities. According to one report, there is grown to more than 100,000 members nation- I want to thank Lifetime Television and oth- over $1 trillion held in IRA accounts. If only 1 wide and 2,500 in Maryland. The OSIA is ers involved with Stop Violence Against percent of this would be donated to charity but dedicated to preserving Italian-American tradi- Women Week. The more we talk about these for the tax problems associated with charitable tions and culture among the estimated 26 mil- problems, the closer we get to viable solu- rollovers, this represents a $10 billion loss of lion people of Italian descent living in the tions. resources to these organizations that do so United States. I want to commend S. Joseph much good. Avara of Baltimore, past president of the OSIA

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.052 E13PT1 April 13, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E645 who did so much to bring financial stability honored to join in the applause for one of the The Los Angeles Urban League, the National and order to the Maryland Lodge. nation’s great teachers—Mrs. Ashley Berk. We Urban League, California and the Nation have The OSIA also is a charitable organization, are grateful for your dedication to providing benefited tremendously from the vision, com- raising millions of dollars for Alzheimer’s Dis- New Jersey children with an outstanding edu- mitment and public service of John W. Mack. ease and Cooley’s Anemia, a severe blood cation. f disorder that affects those of Mediterranean f descent. In addition, the OSIA has also raised TAX REFORM—CONSTANT CHANGE a significant amount of money for the March of COMMEMORATING THE RETIRE- IN THE TAX CODE AND THE Dimes. MENT OF JOHN W. MACK, PRESI- PROBLEMS OF THE ‘‘TEM- Italian-Americans have made enormous DENT OF THE LOS ANGELES PORARY FIX’’ contributions to our nation—from serving in URBAN LEAGUE the armed forces to achievements in science HON. JOSEPH CROWLEY and medicine to public service. I urge my col- HON. JUANITA MILLENDER-McDONALD OF NEW YORK leagues in the U.S. House of Representatives OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES to join me in saluting the OSIA for its work to IN THE HOUSE OF REPRESENTATIVES Wednesday, April 13, 2005 ensure that all Americans appreciate the con- Wednesday, April 13, 2005 tributions made to our nation by the Italian- Mr. CROWLEY. Mr. Speaker, I will give the American community. Ms. MILLENDER-McDONALD. Mr. Speaker, Republicans credit, they have made a lot of I rise to pay tribute to a national trailblazer and f noise over the past few years about lowering dynamic American public servant, Mr. John W. taxes, lifting the burden off of working and CONGRATULATING MRS. ASHLEY Mack, who will be retiring as the President of middle class families and improving America’s ROTHBARD BERK, RECIPIENT OF the Los Angeles Urban League. tax structure for businesses and households. THE 2004 PRESIDENTIAL AWARD John W. Mack has served as President of But this is blatantly untrue. FOR EXCELLENCE IN MATHE- the Los Angeles Urban League since August I salute Mr. HOYER for organizing this dis- MATICS AND SCIENCE TEACHING of 1969. He began his career with the Urban cussion tonight to let the American public League in Flint, Michigan in 1964 and was ap- know the truth about the Republicans and HON. SCOTT GARRETT pointed Executive Director in 1965. Prior to their tax schemes. For too long Democrats OF NEW JERSEY heading the Los Angeles Urban League, he have allowed the Republican deception to IN THE HOUSE OF REPRESENTATIVES served on the Urban League’s National staff continue . . . until now. Just as the previous for six months during the Urban League Presi- speakers have stated, the American tax code Wednesday, April 13, 2005 dency of Whitney Young in Washington, D.C. and the tax policies have failed this country, Mr. GARRETT of New Jersey. Mr. Speaker, John was a leader in the 1960 student civil they have failed working people, middle in- today I extend congratulations and thanks to rights movement in Atlanta—Co-Founder and come families, the working poor. I also want to Mrs. Ashley Rothbard Berk, a teacher at Vice Chairperson of the Committee on the Ap- mention how these flawed Republican tax poli- Travell Elementary School in Ridgewood, New peal for Human Rights. He earned his Bach- cies have also weakened the competitiveness Jersey. Mrs. Berk was selected from among elor of Science Degree in Applied Sociology of America’s small businesses, entrepreneurs 600 nominees to be a recipient of the pres- from North Carolina A&T State University. He and corporations. tigious 2004 Presidential Award for Excellence holds a Master’s Degree from Atlanta Univer- These are the people that create the jobs in Mathematics and Science Teaching. sity. that keep America working. The business The Presidential Award for Excellence in John Mack has been fighting on the community, which represents the true job cre- Mathematics and Science Teaching was es- frontlines for decades in the battle to secure ators of America, has had to deal with ever tablished in 1983 to recognize the outstanding equal opportunities for all Americans from all constant changes to the tax code, and so- science and mathematics teachers, kinder- walks of life. Under John Mack’s leadership, called temporary fixes at the last minute. garten through 12th grade, in each state and the Los Angeles Urban League has become These leave American businesses and em- the four U.S. jurisdictions. Today, the White one of the most successful non-profit commu- ployers not able to plan for the future as they House award is recognized as the Nation’s nity organizations in Los Angeles with an an- have no idea what the tax code will look like. highest commendation for elementary and nual budget of $20 million. The Los Angeles Rather the Republican’s business tax code secondary math and science teachers. Urban League serves over 100,000 individuals plan is not about reform or simplification but After an initial selection process at the state each year and operates a number of innova- rather can be summed up as the ‘‘Full Em- level, a national panel of distinguished sci- tive, result-orientated job training, job place- ployment for Accounts Act.’’ Republican lead- entists, mathematicians and educators reviews ment, education, academic tutorial, growth de- ers repeatedly have talked about the need to the extensive application packets of the state velopment and business development pro- make the tax system simpler and fairer. In finalists and recommends the teachers who grams. Under his leadership, the Los Angeles fact, Speaker HASTERT himself stated in De- will receive a Presidential award. Mrs. Berk is Urban League has utilized state of the art cember that America’s tax system is quote the sole awardee from New Jersey. computer technology to prepare citizens for ‘‘too complicated; it also hurts our Nation’s Mrs. Berk was recognized for teaching her careers in the 21st Century Global Economy. competitiveness.’’ He is right—but his Repub- students fractions, decimals and percentages John Mack understood that in order for Amer- lican caucus has done nothing to address this using a technique to reach different types of ica to maintain its standing as the global eco- issue. In fact, their actions show just the oppo- learners: the visual, auditory, verbal and kin- nomic leader, its workforce must be the best site. esthetic. She developed the method in an ef- trained, best educated and best equipped in The Federal income tax code has grown fort to make sure students in her fifth-grade order to compete on the world stage. from 500 pages in 1913 to 45,662 in 2001 class were operating at their optimum learning John Mack has also been a visionary with when Mr. Bush was elected to 25 volumes ability. respect to ensuring that civil and human rights today. The 2001 tax law added 214 million Mrs. Berk says she fell in love with teaching are neither compromised nor violated in Los hours alone to the paperwork burden for small right away, and her devotion to ensuring her Angeles, California and across the Nation. He business people. They should be creating and students are learning is evidenced in this is a highly respected advocate for equal op- investing and producing not figuring out their award. The award also brings more than pres- portunities in education, law enforcement and more and more complicated tax forms. tige to the winner; as an awardee, Mrs. Berk economic empowerment for all Americans. He Individuals, businesses, tax-exempt public also receives a $10,000 grant for her school. has been a drum major for justice and equality and private entities spend nearly 6 billion I want to congratulate Mrs. Berk of Travell and a bridge builder across all racial, cultural, hours complying with the tax code. And they Elementary School for being selected for this economic, gender and religious lines. call this simplification and reform. And this prestigious honor. She is a credit to New Jer- I am proud to call John W. Mack my friend. burden falls heaviest on our small business sey and a credit to our many outstanding edu- His demonstrated commitment to improving people and self-employed. cators. the quality of life and improving economic op- IRS estimates that the average taxpayer To paraphrase Oliver Wendell Holmes, the portunities for the citizens of Los Angeles, with a self-employed status has the greatest greatest teacher makes others believe in California and the Nation has been exemplary compliance burden in terms of preparation— greatness, and they leave a lasting mark on and noteworthy. I have found his insights to 59 hours. Small businesses overpaid their the lives around them. Today, I am proud and be thoughtful and genuinely compassionate. taxes by $18 billion in 2000 and 2001 because

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.056 E13PT1 E646 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2005 of return errors, a GAO report found in 2002. have done is increase the estate tax for hun- Business cannot plan for the future. Con- Tens of thousands of farmers overpaid taxes dreds of thousands of small businesses by re- gress must end these gimmicks. It is time for by an average of more than $500 because pealing the ‘‘step up in basis’’ and substituting Congress to make permanent the Research they failed to take advantage of income aver- in ‘‘carry over basis’’ rules that preserve the and Development Tax Credit. We must imme- aging, according to a Treasury Department re- tax on increases in value of estates before diately provide a permanent tax credit for the port in March 2004. death—hence making recipients now pay a health insurance expenses for the self-em- Despite repeated promises, no action was capital gains tax on inherited materials, that ployed. We must end these tax loopholes, ever taken on fundamental reform of our tax people are now exempt from. So the death tax gimmicks and temporary tax solutions—as system. Instead, the Republicans enacted leg- actually grows stronger under the sham Re- these are actually not helpful to businesses islation that dramatically increased the com- and entrepreneurs. plexity of our income tax system. The Repub- publican bill they passed today. And today not We need real tax reform and real tax sim- lican tax legislation used budget gimmicks, only will make their lives more difficult and such as phase-ins, temporary provisions and their taxes more complicated, but it also plification. Something that the Republicans overall sunsets, to hide the cost of their tax makes their taxes Increase. As a result, we haven’t been able to deliver 10 years. It’s time legislation. have a tax system that is quite unstable, leav- for a real change in our tax law, by providing Today, while the Republicans hail their so ing taxpayers uncertain about the law in the a real change in American leadership. called ‘‘estate tax’’ victory—in fact, what they future.

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A13AP8.060 E13PT1 April 13, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E647 SENATE COMMITTEE MEETINGS 10 a.m. Appropriations Banking, Housing, and Urban Affairs Energy and Water, and Related Agencies Title IV of Senate Resolution 4, To hold hearings to examine the imple- Subcommittee agreed to by the Senate on February 4, mentation of the Terrorism Risk Insur- To hold hearings to examine proposed 1977, calls for establishment of a sys- ance Program. budget estimates for fiscal year 2006 for tem for a computerized schedule of all SD–538 the National Nuclear Security Admin- meetings and hearings of Senate com- Commerce, Science, and Transportation istration. Business meeting to consider S. 364, to SD–124 mittees, subcommittees, joint commit- establish a program within the Na- tees, and committees of conference. Homeland Security and Governmental Af- tional Oceanic Atmospheric Adminis- fairs This title requires all such committees tration to integrate Federal coastal To hold hearings to examine the ongoing to notify the Office of the Senate Daily and ocean mapping activities, S. 714, to need for comprehensive postal reform. Digest—designated by the Rules Com- amend section 227 of the Communica- SD–342 mittee—of the time, place, and purpose tions Act of 1934 relating to the prohi- 2:30 p.m. of the meetings, when scheduled, and bition on junk fax transmissions, S. Armed Services any cancellations or changes in the 432, to establish a digital and wireless Airland Subcommittee meetings as they occur. network technology program, the pro- To hold hearings to examine Air Force posed Surface Transportation Safety acquisition oversight in review of the As an additional procedure along Improvement Act of 2005, and the Defense Authorization Request for Fis- nominations of a National Oceanic and with the computerization of this infor- cal Year 2006. Atmospheric Administration Pro- mation, the Office of the Senate Daily SR–232A motion List, Coast Guard Promotion Digest will prepare this information for Judiciary printing in the Extensions of Remarks List,and Coast Guard Promotion List. SR–253 Immigration, Border Security and Citizen- section of the CONGRESSIONAL RECORD Finance ship Subcommittee on Monday and Wednesday of each To hold hearings to examine how to solve Terrorism, Technology and Homeland Se- week. the tax gap. curity Subcommittee SD–G50 To hold joint hearings to examine depor- Meetings scheduled for Wednesday, tation and related issues relating to April 13, 2005 may be found in the Daily Health, Education, Labor, and Pensions To hold hearings to examine lifelong strengthening interior enforcement. Digest of today’s RECORD. education opportunities. SD–226 SD–430 3 p.m. MEETINGS SCHEDULED Homeland Security and Governmental Af- Intelligence fairs Closed business meeting to consider pend- APRIL 14 Oversight of Government Management, the ing calendar business. Federal Workforce, and the District of SH–219 9:30 a.m. Columbia Subcommittee Armed Services To hold oversight hearings to examine a APRIL 19 To hold hearings to examine implemen- review of the Unfunded Mandates Re- 10 a.m. tation by the Department of Defense of form Act (UMRA), focusing on the im- the National Security Personnel Sys- Energy and Natural Resources pact of the UMRA has had on Federal, tem. To hold hearings to examine offshore hy- state, and local governments and ex- SR–325 drocarbon production and the future of plore if changes are necessary to Judiciary alternate energy resources on the outer strengthen the law’s procedures, defini- Business meeting to consider S. 378, to Continental Shelf, focusing on recent tions, and exclusions. make it a criminal act to willfully use SD–342 technological advancements made in a weapon with the intent to cause Veterans’ Affairs the offshore exploration and produc- death or serious bodily injury to any To hold joint hearings with the House tion of traditional forms of energy, and person while on board a passenger ves- Committee on Veterans Affairs to ex- the future of deep shelf and deepwater sel, S. 119, to provide for the protection amine the legislative presentations of production; enhancements in worker of unaccompanied alien children, S. the Military Officers Association of safety, and steps taken by the offshore 629, to amend chapter 97 of title 18, oil and gas industry to meet environ- United States Code, relating to pro- America, the National Association of mental challenges. tecting against attacks on railroads State Director of Veterans Affairs, SD–366 and other mass transportation sys- AMVETS, the American Ex-Prisoners Foreign Relations tems, S. 555, to amend the Sherman of War, and Vietnam Veterans of Amer- Act to make oil-producing and export- ica. To hold hearings to examine the Near ing cartels illegal, and the nominations 345 CHOB East and South Asian experience relat- of Thomas B. Griffith, of Utah, and 10:30 a.m. ing to combating terrorism through Janice R. Brown, of California, each to Intelligence education. be a United States Circuit Judge for To hold hearings to examine the nomina- SD–419 the District of Columbia Circuit, Ter- tion of Lieutenant General Michael V. Health, Education, Labor, and Pensions rence W. Boyle, of North Carolina, to Hayden, United States Air Force, to be To hold hearings to examine S. 334, to be United States Circuit Judge for the Principal Deputy Director of National amend the Federal Food, Drug, and Fourth Circuit, Priscilla Richman Intelligence. Cosmetic Act with respect to the im- Owen, of Texas, to be United States SH–216 portation of prescription drugs. Circuit Judge for the Fifth Cir- 11 a.m. SD–430 cuit,Robert J. Conrad, Jr., to be United Commission on Security and Cooperation 10:15 a.m. States District Judge for the Western in Europe Veterans’ Affairs To hold hearings to examine problems District of North Carolina, and James Business meeting to consider the nomi- experienced by unregistered religious C. Dever III, to be United States Dis- nation of Jonathan Brian Perlin, of communities operating within the Rus- trict Judge for the Eastern District of Maryland, to be Under Secretary of sian Federation. North Carolina. Veterans Affairs for Health; to be fol- SD–226 2200 RHOB lowed by a hearing on ‘‘Back from the Appropriations 2 p.m. Battlefield, Part II: Seamless Transi- Transportation, Treasury, the Judiciary, Appropriations tion to Civilian Life’’. and Housing and Urban Development, Agriculture, Rural Development, and Re- and Related Agencies Subcommittee lated Agencies Subcommittee SR–418 To hold hearings to examine proposed To hold hearings to examine proposed 2:30 p.m. budget estimates for fiscal year 2006 for budget estimates for fiscal year 2006 for Judiciary the Department of Housing and Urban the Office of Marketing and Regulatory Antitrust, Competition Policy and Con- Development. Programs, the Office of Food, Nutri- sumer Rights Subcommittee SD–138 tion, and Consumer Services, and the To hold hearings to examine SBC/ATT Joint Economic Committee Office of Food Safety and Inpection and Verizon/MCI mergers, focusing on To hold hearings to examine the current Service, all of the Department of Agri- remaking the telecommunication in- economic outlook for April. culture. dustry. 2212 RHOB SD–192 SD–226

VerDate Aug 04 2004 05:26 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\M13AP8.000 E13PT1 E648 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2005 Energy and Natural Resources port of Operation Iraqi Freedom and APRIL 27 Water and Power Subcommittee Operation Enduring Freedom in review 9:30 a.m. To hold hearings to examine S. 166, to of the Defense Authorization Request Indian Affairs amend the Oregon Resource Conserva- for fiscal year 2006. To hold oversight hearings to examine tion Act of 1996 to reauthorize the par- SR–222 regulation of Indian gaming. ticipation of the Bureau of Reclama- 2:30 p.m. SR–485 tion in the Deschutes River Conser- Judiciary 10 a.m. vancy, S. 251, to authorize the Sec- Terrorism, Technology and Homeland Se- Health, Education, Labor, and Pensions retary of the Interior, acting through curity Subcommittee Business meeting to consider pending the Bureau of Reclamation, to conduct To hold hearings to examine a review of calendar business. a water resource feasibility study for the material support to Terrorism Pro- SD–430 the Little Butte/Bear Creek Sub-basins hibition Improvements Act. in Oregon, S. 310, to direct the Sec- SD–226 APRIL 28 retary of the Interior to convey the 10 a.m. Newlands Project Headquarters and APRIL 21 Maintenance Yard Facility to the Health, Education, Labor, and Pensions Truckee-Carson Irrigation District in 9:30 a.m. To hold hearings to examine Higher Edu- the State of Nevada, S. 519, to amend Foreign Relations cation Act. the Lower Rio Grande Valley Water To hold hearings to examine the anti- SD–430 Resources Conservation and Improve- corruption strategies of the African ment Act of 2000 to authorize addi- Development Bank, Asian Development MAY 11 tional projects and activities under Bank and European Bank on Recon- 9:30 a.m. that Act, and S. 592, to extend the con- struction and Development. Judiciary tract for the Glendo Unit of the Mis- SD–419 To hold an oversight hearing to examine souri River Basin Project in the State 10 a.m. the Federal Bureau of Investigation’s of Wyoming. Budget translation program. SD–366 To hold hearings to examine structural SD–226 3 p.m. deficits and budget process reform. Banking, Housing, and Urban Affairs SH–216 SEPTEMBER 20 To hold hearings to examine proposals to Health, Education, Labor, and Pensions 10 a.m. reform the regulation of the Housing To hold hearings to examine Association Veterans’ Affairs Government Sponsored Enterprises. Health Plans. To hold joint hearings with the House SD–538 SD–430 Committee on Veterans Affairs to ex- Armed Services Veterans’ Affairs amine the legislative presentation of SeaPower Subcommittee To hold joint hearings with the House the American Legion. To hold hearings to examine the United Committee on Veterans Affairs to ex- 345 CHOB States Marine Corps ground and rotary amine the legislative presentations of wing programs and seabasing in review the Fleet Reserve Association, the Air of the Defense Authorization Request Force Sergeants Association, the Re- for Fiscal Year 2006. tired Enlisted Association, and the CANCELLATIONS SR–232A Gold Star Wives of America. 345 CHOB APRIL 19 APRIL 20 2:30 p.m. 10 a.m. 9:30 a.m. Judiciary Health, Education, Labor, and Pensions Environment and Public Works Intellectual Property Subcommittee Retirement Security and Aging Sub- To hold hearings to examine the nomina- To hold hearings to examine the patent committee tions of Gregory B. Jaczko, of the Dis- system today and tomorrow. To hold hearings to examine pensions. trict of Columbia, and Peter B. Lyons, SD–226 SD–430 of Virginia, each to be a Member of the Nuclear Regulatory Commission. APRIL 26 APRIL 28 SD–406 9:30 a.m. 10 a.m. 10 a.m. Foreign Relations Banking, Housing, and Urban Affairs Foreign Relations To hold hearings to examine the Millen- To continue hearings to examine pro- To hold hearings to examine U.S. Assist- nium Challenge Corporation’s global posals to reform the regulation of ance to Sudan and the Darfur Crisis. impact. Housing Government-Sponsored Enter- SH–216 prises. SD–419 SD–538 10 a.m. Health, Education, Labor, and Pensions Health, Education, Labor, and Pensions POSTPONEMENTS Education and Early Childhood Develop- Retirement Security and Aging Sub- ment Subcommittee committee To hold hearings to examine the Federal To hold hearings to examine pensions. APRIL 14 role in helping parents of young chil- SD–430 10 a.m. dren. 2:30 p.m. Energy and Natural Resources SD–430 Energy and Natural Resources To hold hearings to examine S. 388, to Small Business and Entrepreneurship Public Lands and Forests Subcommittee amend the Energy Policy Act of 1992 to To hold hearings to examine the small To hold hearings to examine the pre- direct the Secretary of Energy to carry business health care crisis, focusing on paredness of the Department of Agri- out activities that promote the adop- alternatives for lowering costs and cov- culture and the Interior for the 2005 tion of technologies that reduce green- ering the uninsured. wildfire season, including the agencies’ house gas intensity and to provide SR–428A assessment of the risk of fires by re- credit-based financial assistance and 2 p.m. gion, the status of and contracting for investment protection for projects that Armed Services aerial fire suppression assets, and other employ advanced climate technologies Readiness and Management Support Sub- information needed to better under- or systems, to provide for the estab- committee stand the agencies ability to deal with lishment of a national greenhouse gas To hold hearings to examine the readi- the upcoming fire season. registry. ness of military units deployed in sup- SD–366 SD–366

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HIGHLIGHTS The House passed H.R. 8, Death Tax Repeal Permanency Act of 2005. House Committees ordered reported 24 sundry measures, including En- ergy proposals. Senate Congratulating University of Denver Men’s Chamber Action Hockey Team NCAA Champions: Senate agreed to Routine Proceedings, pages S3505–S3607 S. Res. 106, congratulating the University of Denver Measures Introduced: Eleven bills and one resolu- Pioneer’s men’s hockey team, 2005 National Colle- tion were introduced, as follows: S. 769–779, and S. giate Athletic Association Division I Hockey Cham- pions. Pages S3605–06 Res. 106. Page S3555 Measures Reported: Supplemental Appropriations: Senate continued Special Report entitled ‘‘The Role of Professional consideration of H.R. 1268, making emergency sup- plemental appropriations for the fiscal year ending Firms in the U.S. Tax Shelter Industry’’. (S. Rept. September 30, 2005, to establish and rapidly imple- No. 109–54) ment regulations for State driver’s license and identi- Special Report entitled ‘‘Profiteering in a Non- fication document security standards, to prevent ter- Profit Industry: Abusive Practices in Credit Coun- rorists from abusing the asylum laws of the United seling’’. (S. Rept. No. 109–55) States, to unify terrorism-related grounds for inad- S. 362, to establish a program within the Na- missibility and removal, to ensure expeditious con- tional Oceanic and Atmospheric Administration and struction of the San Diego border fence, taking ac- the United States Coast Guard to help identify, de- tion on the following amendments proposed thereto: termine sources of, assess, reduce, and prevent ma- Pages S3513–48 rine debris and its adverse impacts on the marine en- Adopted: vironment and navigation safety, in coordination Durbin Amendment No. 356, to ensure that a with non-Federal entities, with an amendment. (S. Federal employee who takes leave without pay in Rept. No. 109–56) order to perform service as a member of the uni- S. 39, to establish a coordinated national ocean formed services or member of the National Guard explorationprogram within the National Oceanic and shall continue to receive pay in an amount which, Atmospheric Administration. (S. Rept. No. 109–57) when taken together with the pay and allowances S. 148, to establish a United States Boxing Com- such individual is receiving for such service, will be mission toadminister the Act. (S. Rept. No. 109–58) no less than the basic pay such individual would Page S3555 then be receiving if no interruption in employment Measures Passed: had occurred. (By 39 yeas to 61 nays (Vote No. 91), Senate earlier failed to table the amendment.) Disaster Mitigation Payments: Committee on Pages S3518–20 Finance was discharged from further consideration of Kerry Amendment No. 333, to extend the period H.R. 1134, to amend the Internal Revenue Code of of temporary continuation of basic allowance for 1986 to provide for the proper tax treatment of cer- housing for dependents of members of the Armed tain disaster mitigation payments, after agreeing to Forces who die on active duty. Pages S3520–21 the following amendment proposed thereto: Kerry Amendment No. 334, to increase the mili- Sessions (for Baucus) Amendment No. 411, in the tary death gratuity to $100,000, effective with re- nature of a substitute. Pages S3604–05 spect to any deaths of members of the Armed Forces D326

VerDate Aug 31 2005 03:26 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORDCX\T37X$J0E\D13AP5.REC D13AP5 mmaher on PROD1PC70 with CONG-REC-ONLINE April 13, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D327 on active duty after October 7, 2001. (By 25 yeas A unanimous-consent agreement was reached pro- to 75 nays (Vote No. 92), Senate earlier failed to viding for further consideration of the bill at ap- table the amendment.) Pages S3517–18, S3521–22 proximately 10:30 a.m., on Thursday, April 14, By 61 yeas to 38 nays (Vote No. 94), Cornyn/ 2005. Pages S3606–07 Feinstein Amendment No. 372, to express the sense Nominations Confirmed: Senate confirmed the fol- of the Senate that Congress should not delay enact- lowing nomination: ment of critical appropriations necessary to ensure the well-being of the men and women of the United Michael D. Griffin, of Virginia, to be Adminis- States Armed Forces fighting in Iraq and elsewhere trator of the National Aeronautics and Space Admin- around the world, by attempting to conduct a debate istration. (Prior to this action, Committee on Com- about immigration reform while the supplemental merce, Science, and Transportation was discharged appropriations bill is pending on the floor of the from further consideration.) Page S3607 United States Senate. Pages S3523–32 Nominations Received: Senate received the fol- Stevens/Inouye Amendment No. 386, to provide lowing nomination: for an increase in the amountappropriated for the In- Robert J. Portman, of Ohio, to be United States telligence Community Management Account. Trade Representative, with the rank of Ambassador. Page S3532 Page S3607 Cochran (for McConnell) Amendment No. 401, of Nominations Discharged: The following nomina- a technical nature. Page S3542 Cochran (for McConnell) Amendment No. 402, to tions were discharged from further committee con- address the avian influenza virus in Asia. Page S3542 sideration and placed on the Executive Calendar: Cochran (for Lugar/Biden) Amendment No. 403, Daniel R. Levinson, of Maryland, to be Inspector to provide additional amounts for diplomatic and General, Department of Health and Human Services, consular programs and reduce the amount available which was sent to the Senate on January 24, 2005, for the Global War on Terror Partners Fund. from the Senate Committee on Homeland Security Page S3542 and Governmental Affairs. Cochran (for Leahy) Amendment No. 404, to Howard J. Krongard, of New Jersey, to be Inspec- modify language in the bill relating to environ- tor General, Department of State, which was sent to mental recovery activities in tsunami affected coun- the Senate on January 24, 2005, from the Senate tries. Page S3542 Committee on Homeland Security and Governmental Cochran (for Leahy) Amendment No. 405, to re- Affairs. Page S3607 quire five day prior notification to the Committees Messages From the House: Page S3552 on Appropriations for tsunami recovery and recon- struction funds. Page S3542 Measures Referred: Page S3552 Rejected: Executive Communications: Pages S3552–55 By 27 yeas to 71 nays (Vote No. 93), Byrd Amendment No. 367, to reduce by$36,000,000 the Executive Reports of Committees: Page S3555 amount appropriated for ‘‘Military Construction, Additional Cosponsors: Pages S3555–57 Army’’, with the amount of the reduction to be allo- Statements on Introduced Bills/Resolutions: cated to funds available under that heading for the Pages S3557–66 Camp 6 Detention Facility at Guantanamo Bay, Pages S3550–52 Cuba. Pages S3515–17, S3522–23 Additional Statements: Pending: Amendments Submitted: Pages S3566–S3602 Mikulski Amendment No. 387, to revise certain Authority for Committees to Meet: Pages S3602–03 requirements for H–2B employers and require sub- mission of information regarding H–2B non- Privilege of the Floor: Page S3603 immigrants. Pages S3532–40, S3541–42 Record Votes: Four record votes were taken today. Feinstein Amendment No. 395, to express the (Total—94) Page S3520, S3521, S3523, S3532 sense of the Senate that the text of the REAL ID Act of 2005 should not be included in the con- Adjournment: Senate convened at 9:30 a.m., and adjourned at 8:11 p.m., until 9:30 a.m., on Thurs- ference report. Pages S3540–41 Bayh Amendment No. 406, to protect the finan- day, April 14, 2005. (For Senate’s program, see the cial condition of members of the reserve components remarks of the Acting Majority Leader in today’s of the Armed Forces who are ordered to long-term Record on page S3607.) active duty in support of a contingency operation. Pages S3542–48

VerDate Aug 31 2005 03:26 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORDCX\T37X$J0E\D13AP5.REC D13AP5 mmaher on PROD1PC70 with CONG-REC-ONLINE D328 CONGRESSIONAL RECORD — DAILY DIGEST April 13, 2005 Lieutenant General John A. Bradley, USAFR, Chief, Committee Meetings Air Force Reserve. (Committees not listed did not meet) FEDERAL HOME LOAN BANK SYSTEM APPROPRIATIONS: LEGISLATIVE BRANCH Committee on Banking, Housing, and Urban Affairs: Committee on Appropriations: Subcommittee on Legisla- Committee concluded a hearing to examine the Fed- tive Branch concluded a hearing to examine pro- eral Home Loan Bank System, focusing on changes posed budget estimates for fiscal year, after receiving and current issues affecting the system, including the testimony in behalf of funds for their respective ac- promotion of housing and community development tivities from Emily Reynolds, Secretary of the Sen- generally by making loans, also known as advances, ate; and Alan Hantman, Architect of the Capitol. to member financial institutions, after receiving tes- timony from Thomas J. McCool, Managing Director, APPROPRIATIONS: DEPARTMENT OF Financial Markets and Community Investment, Gov- AGRICULTURE ernment Accountability Office; George L. Engelke, Committee on Appropriations: Subcommittee on Agri- Jr., Astoria Federal Savings and Loan Association, culture, Rural Development, and Related Agencies Lake Success, New York, on behalf of the Federal concluded a hearing to examine proposed budget es- Home Loan Bank of New York; Paul Clabuesch, timates for fiscal year 2006, after receiving testimony Thumb National Bank and Trust Company, Pigeon, in behalf of funds for their respective activities from Michigan, on behalf of the Federal Home Loan Bank Keith Collins, Chief Economist, J.B. Penn, Under of Indianapolis; John Edward Norris, III, Plantation Secretary for Farm and Foreign Agricultural Services, Federal Bank, Pawleys Island, South Carolina; Alex Mark Rey, Under Secretary for Natural Resources J. Pollock, American Enterprise Institute, Wash- and Environment, Gilbert Gonzalez, Acting Under ington, D.C.; and Martin Eakes, Self-Help Credit Secretary for Rural Development, and Joseph Jen, Union and Center for Responsible Lending, Durham, Under Secretary for Research, Education, and Eco- North Carolina. nomics, all of the Department of Agriculture. SUBCOMMITTEE MEMBERSHIP DEFENSE AUTHORIZATION Committee on Commerce, Science, and Transportation: Committee on Armed Services: Subcommittee on Readi- Committee announced the following subcommittee ness and Management Support concluded a hearing assignments: to examine high risk areas in the management of the Subcommittee on Aviation: Senators Burns (Chair), Department of Defense in review of the Defense Au- Stevens, McCain, Lott, Hutchison, Snowe, Smith, thorization Request for fiscal year 2006, after receiv- Ensign, Allen, Sununu, DeMint, Rockefeller, Inouye, ing testimony from David M. Walker, Comptroller Dorgan, Boxer, Cantwell, Lautenberg, Nelson (FL), General of the United States, Government Account- Nelson (NE), and Pryor. ability Office; Michael W. Wynne, Acting Under Subcommittee on Surface Transportation and Merchant Secretary of Defense for Acquisition, Technology, Marine: Senators Lott (Chair), Stevens, McCain, and Logistics; and Robert J. Henke, Principal Dep- Burns, Hutchison, Snowe, Smith, Allen, Sununu, uty Under Secretary of Defense(Comptroller). Vitter, Inouye, Rockefeller, Dorgan, Boxer, Cantwell, Lautenberg, Nelson (NE), and Pryor. DEFENSE AUTHORIZATION Subcommittee on Science and Space: Senators Committee on Armed Services: Subcommittee on Per- Hutchison (Chair), Stevens, Burns, Lott, Ensign, sonnel concluded a hearing to examine active and Allen, Sununu, Nelson (FL), Rockefeller, Dorgan, Reserve military and civilian personnel programs in Nelson (NE), and Pryor. review of the Defense Authorization Request for fis- Subcommittee on Fisheries and the Coast Guard: Sen- cal year 2006, after receiving testimony from Thom- ators Snowe (Chair), Stevens, Lott, Smith, Sununu, as F. Hall, Assistant Secretary of Defense for Reserve Vitter, Cantwell, Inouye, Kerry, and Lautenberg. Affairs; Lieutenant General H. Steven Blum, ARNG, Subcommittee on Trade, Tourism, and Economic Devel- Chief, National Guard Bureau; Lieutenant General opment: Senators Smith (Chair), Stevens, McCain, Roger C. Schultz, ARNG, Director, Army National Burns, Ensign, Allen, Sununu, DeMint, Vitter, Dor- Guard; Lieutenant General Daniel James, III, ANG, gan, Inouye, Rockefeller, Kerry, Cantwell, Lauten- Director, Air National Guard; Lieutenant General berg, Nelson (FL), Nelson (NE), and Pryor. James R. Helmly, USAR, Chief, Army Reserve; Vice Subcommittee on Technology, Innovation, and Competi- Admiral John G. Cotton, USNR, Chief, Naval Re- tiveness: Senators Ensign (Chair), Stevens, Burns, Lott, serve; Lieutenant General Dennis M. McCarthy, Hutchison, Allen, Sununu, DeMint, Kerry, Inouye, USMCR, Commander, Marine Forces Reserve; and Rockefeller, Dorgan, Nelson (FL), and Pryor.

VerDate Aug 31 2005 03:26 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORDCX\T37X$J0E\D13AP5.REC D13AP5 mmaher on PROD1PC70 with CONG-REC-ONLINE April 13, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D329 Subcommittee on Consumer Affairs, Product Safety, and FREE TRADE AGREEMENT Insurance: Senators Allen (Chair), Stevens, Burns, Committee on Finance: Committee held a hearing to DeMint, Vitter, Pryor, Inouye, and Boxer. examine the U.S.-Central America-Dominican Re- Subcommittee on Global Climate Change and Impacts: public Free Trade Agreement, focusing on textiles, Senators Vitter (Chair), Stevens, McCain, Snowe, rice, sugar, worker rights and labor standards, envi- Lautenberg, and Kerry. ronmental provisions, and the World Trade Organi- Subcommittee on Disaster Prevention and Prediction: zation (WTO), receiving testimony from Peter F. Senators DeMint (Chair), Stevens, Smith, Vitter, Allgeier, Acting U.S. Trade Representative; Lochiel Nelson (NE), Cantwell, and Nelson (FL). Edwards, Montana Grain Growers Association, Big National Ocean Policy Study: Senators Sununu Sandy, on behalf of sundry organizations; Terry Har- (Chair), Stevens, Lott, Hutchison, Snowe, Smith, ris, Stuttgart, Arkansas, on behalf of the USA Rice DeMint, Vitter, Boxer, Inouye, Kerry, Cantwell, and Federation and the U.S. Rice Producers Association; Lautenberg. Jack Roney, American Sugar Alliance, Arlington, Virginia; Mark Berlind, Kraft Foods, Inc., JUNK FAX TRANSMISSIONS PROHIBITION Northfield, Illinois; John J. Castellani, Business Committee on Commerce, Science, and Transportation: Sub- Roundtable, Washington, DC.; J. Keith Crisco, committee on Trade, Tourism, and Economic Devel- Asheboro Elastics Corporation, Asheboro, North opment concluded a hearing to examine S. 714, to Carolina; Patricia A. Forkan, Humane Society Inter- amend section 227 of the Communications Act of national, Gaithersburg, Maryland; and Mark 1934 relating to the prohibition on junk fax trans- Levinson, UNITE HERE!,New York, New York. missions, after receiving testimony from Steven T. Hearing recessed subject to the call. Kirsch, Propel Software Corporation, San Jose, Cali- fornia. NOMINATIONS: Committee on Foreign Relations: Committee concluded NOMINATION a hearing to examine the nominations of Daniel Committee on Energy and Natural Resources: Committee Fried, of the District of Columbia, to be an Assistant ordered favorably reported the nomination of David Secretary of State for European Affairs, and Robert Garman, of Virginia, to be Under Secretary of En- Joseph, of Virginia, to be Under Secretary of State ergy. for Arms Control and International Security, after the nominees testified and answered questions in BUSINESS MEETING their own behalf. Committee on Environment and Public Works: Com- BUSINESS MEETING mittee ordered favorably reported the following busi- Committee on Homeland Security and Governmental Af- ness items: fairs: Committee ordered favorably reported the fol- S. 728, to provide for the consideration and devel- lowing business items: opment of water and related resources, to authorize S. 21, to provide for homeland security grant co- the Secretary of the Army to construct various ordination and simplification, with an amendment in projects for improvements to rivers and harbors of the nature of a substitute; the United States, with amendments; and S. 335, to reauthorize the Congressional Award The nominations of Stephen L. Johnson, of Mary- Act; land, to be Administrator, and Luis Luna, of Mary- S. 494, to amend chapter 23 of title 5, United land, to be Assistant Administrator for Administra- States Code, to clarify the disclosures of information tion and Resource Management, both of the Envi- protected from prohibited personnel practices, re- ronmental Protection Agency, John Paul Woodley, quire a statement in nondisclosure policies, forms, Jr., of Virginia, to be Assistant Secretary of the and agreements that such policies, forms, and agree- Army for Civil Works, Major General Don T. Riley, ments conform with certain disclosure protections, United States Army, to be a Member and President provide certain authority for the Special Counsel; and of the Mississippi River Commission, Brigadier Gen- S. 501, to provide a site for the National Wom- eral William T. Grisoli, United States Army, to be en’s History Museum in the District of Columbia. a Member of the Mississippi River Commission, and D. Michael Rappoport, of Arizona, and Michael But- INDIAN HEALTH ler, of Tennessee, each to be a Member of the Board Committee on Indian Affairs: Committee held an over- of Trustees of the Morris K. Udall Scholarship and sight hearing to examine the status of Indian health Excellence in National Environmental Policy Foun- care issues, focusing on health disparities, access to dation. health care, Community Health Aide Program

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(CHAP), Urban Indian health, Indian self-determina- Charge, Criminal Investigative Division, Secret Serv- tion, mental health and substance abuse services, and ice, Department of Homeland Security; Vermont At- related provisions of the Medicare Modernization torney General William H. Sorrell, Montpelier, on Act, receiving testimony from Charles W. Grim, Di- behalf of the National Association of Attorneys Gen- rector, Gary J. Hartz, Director, Office of Environ- eral; Douglas C. Curling, ChoicePoint Inc., mental Health and Engineering, W. Craig Alpharetta, Georgia; Kurt P. Sanford, LexisNexis Vanderwagen, Acting Chief Medical Officer, all of Group, Miamisburg, Ohio; Jennifer T. Barrett, the Indian Health Service, and A. Kathryn Power, Acxiom Corporation, Little Rock, Arkansas; James Director, Center for Mental Health Services, Sub- X. Dempsey, Center for Democracy and Technology, stance Abuse and Mental Health Services Adminis- Washington, D.C.; and Robert Douglas, tration, all of the Department of Health and Human PrivacyToday.com, Steamboat Springs, Colorado. Services; H. Sally Smith, National Indian Health Board, and Georgiana Ignace, National Council on FEDERAL AND STATE MARRIAGE Urban Indian Health, both of Washington, D.C.; INITIATIVES Rachel A. Joseph, Lone Pine Paiute Shoshone Res- Committee on the Judiciary: Subcommittee on the Con- ervation, Lone Pine, California; and Anslem stitution, Civil Rights and Property Rights con- Roanhorse, Jr., The Navajo Nation Division of cluded a hearing to examine judicial activism regard- Health, Window Rock, Arizona. ing federal and state marriage protection initiatives, Hearing recessed subject to the call. focusing on the Defense of Marriage Act, after re- SECURING ELECTRONIC PERSONAL DATA ceiving testimony from Lynn D. Wardle, Brigham Committee on the Judiciary: Committee concluded a Young University J. Reuben Clark Law School, hearing to examine securing electronic personal data, Provo, Utah; Gerard V. Bradley, University of Notre focusing on striking a balance between privacy and Dame Law School, Notre Dame, Indiana; and Kath- commercial and governmental use, focusing on laws leen Moltz, Wayne State University School of Medi- currently applicable to resellers of consumer informa- cine, Detroit, Michigan. tion, commonly known as ‘‘data brokers’’, after re- ceiving testimony from Deborah Platt Majoras, INTELLIGENCE Chairman, Federal Trade Commission; Chris Select Committee on Intelligence: Committee met in Swecker, Assistant Director, Criminal Investigative closed session to receive a briefing on certain intel- Division, Federal Bureau of Investigation, Depart- ligence matters from officials of the intelligence ment of Justice; Larry D. Johnson, Special Agent in community. h House of Representatives nesses with respect to medical care for their employ- Chamber Action ees (H. Rept. 109–41); Measures Introduced: 41 public bills, H.R. H.R. 798, to provide for a research program for 1587–1627; 1 private bill, H.R. 1628 and; 3 resolu- remediation of closed methamphetamine production tions, H.J. Res. 41; H. Con. Res. 131, and H. Res. laboratories, amended (H. Rept. 109–42); and 212 were introduced. Pages H1967–69 H. Res. 211, providing for consideration of S. Additional Cosponsors: Pages H1969–70 256, to amend title 11 of the United States Code Reports Filed: Reports were filed today as follows: (H. Rept. 109–43). Page H1967 H.R. 902, to improve circulation of the $1 coin, Speaker: Read a letter from the Speaker wherein he create a new bullion coin, amended (H. Rept. appointed Representative Capito to act as Speaker 109–39); Pro Tempore for today. Page H1899 H.R. 458, to prevent the sale of abusive insurance Chaplain: The prayer was offered today by Dr. Curt and investment products to military personnel (H. Dodd, Senior Pastor, Westside Church in Omaha, Rept. 109–40); Nebraska. Page H1899 H.R. 525, to amend title I of the Employee Re- tirement Income Security Act of 1974 to improve Suspensions: The House agreed to suspend the rules access and choice for entrepreneurs with small busi- and pass the following measures:

VerDate Aug 31 2005 03:26 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORDCX\T37X$J0E\D13AP5.REC D13AP5 mmaher on PROD1PC70 with CONG-REC-ONLINE April 13, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D331 Justin W. Williams United States Attorney’s Health and Human Services: Mark McClellan, M.D., Building Designation Act: H.R. 1463, to designate Administrator, Centers for Medicare and Medicaid a portion of the Federal building located at 2100 Services; Josefina G. Carbonell, Assistant Secretary, Jamieson Avenue, in Alexandria, Virginia, as the Aging, Administration on Aging; and William ‘‘Justin W. Williams United States Attorney’s Beldon, Deputy Assistant Secretary, Budget. Building’’, by a 2/3 yea-and-nay vote of 427 yeas DEPARTMENTS OF TRANSPORTATION, with none voting ‘‘nay’’, Roll No. 98; TREASURY, HUD, THE JUDICIARY, Pages H1903–05, H1919–20 DISTRICT OF COLUMBIA, AND RELATED Reynaldo G. Garza and Filemon B. Vela AGENCIES APPROPRIATIONS United States Courthouse Designation Act: H.R. Committee on Appropriations: Subcommittee on the De- 483, to designate a United States courthouse in partments of Transportation, Treasury, and Housing Brownsville, Texas, as the ‘‘Reynaldo G. Garza and and Urban Development, the Judiciary, District of Filemon B. Vela United States Courthouse’’; and Columbia and Independent Agencies held a hearing Pages H1905–07 on the OMB. Testimony was heard from Joshua B. Robert T. Matsui United States Courthouse Des- Bolton, Director, OMB. ignation Act: H.R. 787, to designate the United FOREIGN OPERATIONS, EXPORT States courthouse located at 501 I Street in Sac- FINANCING AND RELATED PROGRAMS ramento, California, as the ‘‘Robert T. Matsui APPROPRIATIONS United States Courthouse’’, by a 2/3 yea-and-nay vote of 426 yeas with none voting ‘‘nay’’, Roll No. Committee on Appropriations: Subcommittee on Foreign Operations, Export Financing and Related Programs 99. Pages H1907–10, H1920–21 held a hearing on the Millennium Challenge Cor- Death Tax Repeal Permanency Act of 2005: The poration. Testimony was heard from Paul V. House passed H.R. 8, to make the repeal of the es- Applegarth, CEO, Millennium Challenge Corpora- tate tax permanent, by a recorded vote of 272 ayes tion. to 162 noes, Roll No. 102. Pages H1910–19, H1921–43 Rejected the Pomeroy amendment in the nature of INTERIOR, ENVIRONMENT, AND RELATED a substitute (printed in H. Rept. 109–35) by a re- AGENCIES APPROPRIATIONS corded vote of 194 ayes to 238 noes, Roll No. 101. Committee on Appropriations: Subcommittee on Inte- Pages H1933–42 rior, Environment, and Related Agencies held a H. Res. 202, the rule providing for consideration hearing on the National Park Service. Testimony was of the bill was agreed to by voice vote, after agreeing heard from Fran Mainella, Director, National Park to order the previous question by a yea and nay vote Service, Department of the Interior. of 237 yeas to 195 nays, Roll No. 100. Page H1921 OSHA/RECREATIONAL BOATING JOBS Recess: The House recessed at 12:30 p.m. and re- MEASURES convened at 1:38 p.m. Page H1919 Committee on Education and the Workforce: Ordered re- Quorum Calls—Votes: Three yea and nay votes and ported the following bills: H.R. 739, Occupational two recorded votes developed during the proceedings Safety and Health Small Business Day in Court Act of today and appear on pages H1919–20, of 2005; H.R. 740, amended, Occupational Safety H1920–21, H1921, H1941–42, H1942. There were and Health Review Commission Efficiency Act of no quorum calls. 2005; H.R. 741, amended, Occupational Safety and Adjournment: The House met at 10 a.m. and ad- Health Independent Review of OSHA Citations Act journed at 8:47 p.m. of 2005; H.R. 742, Occupational Safety and Health Small Employer Access to Justice Act of 2005; and H.R. 940, amended, Recreational Marine Employ- Committee Meetings ment Act of 2005. AGRICULTURE, RURAL DEVELOPMENT, ENERGY POLICY ACT FDA, AND RELATED AGENCIES APPROPRIATIONS Committee on Energy and Commerce: Ordered reported, as amended, the Energy Policy Act of 2005. Committee on Appropriations: Subcommittee on the De- partment of Labor, Health and Human Services, GOVERNMENT-SPONSORED ENTERPRISES Education, and Related Agencies held a hearing on REGULATORY REFORM Centers for Medicare and Medicaid Services, and on Committee on Financial Services: Held a hearing enti- the Administration on Aging. Testimony was heard tled ‘‘The Administration Perspective on GSE Regu- from the following officials of the Department of latory Reform.’’ Testimony was heard from John W.

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Snow, Secretary of the Treasury; and Alphonso R. moting Risk-Based Prioritization and Management.’’ Jackson, Secretary of Housing and Urban Develop- Testimony was heard from Michael Chertoff, Sec- ment. retary of Homeland Security. NET WORTH AMENDMENT FOR CREATE GLOBAL AIDS CRISIS—U.S. RESPONSE UNIONS ACT Committee on International Relations: Held a hearing on Committee on Financial Services: Subcommittee on Fi- U.S. Response to Global AIDS Crisis: A Two-Year nancial Institutions and Consumer Credit held a Review, Testimony was heard from Randall L. hearing on H.R. 1042, Net Worth Amendment for Tobias, U.S. Global AIDS Coordinator, Department Credit Unions Act. Testimony was heard from of State; and public witnesses. JoAnn Johnson, Chairman, National Credit Union Administration; and public witnesses. IRAN FREEDOM SUPPORT ACT MISCELLANEOUS MEASURES Committee on International Relations: Subcommittee on Middle East and Central Asia approved for full Com- Committee on Government Reform: Ordered reported the mittee action, as amended, H.R. 282, Iran Freedom following measures: H.R. 22, amended, Postal Ac- Support Act. countability and Enhancement Act; H.R. 1533, amended, Federal Energy Management Improvement U.S. TRADE AGREEMENTS WITH LATIN Act of 2005; H.R. 504, To designate the facility of AMERICA the United States Postal Service located at 4960 Committee on International Relations: Subcommittee on West Washington Boulevard in Lost Angeles, Cali- Western Hemisphere held a hearing on U.S. Trade fornia, as the ‘‘Ray Charles Post Office Building;’’ Agreements with Latin America. Testimony was H.R. 1001, To designate the facility of the United heard from Representatives Brady of Texas, and States Postal Service located at 301 South Becerra; former Representative Cass Ballenger of Heatherwilde Boulevard in Pflugerville, Texas, as the North Carolina; and public witnesses. ‘‘Sergeant Byron W. Norwood Post Office Build- ing;’’ H.R. 1072, To designate the facility of the MISCELLANEOUS MEASURES United States Postal Service located at 151 West Committee on the Judiciary: Ordered reported the fol- End Street in Goliad, Texas, as the ‘‘Judge Emilio lowing bills: H.R. 32, amended, Stop Counterfeiting Vargas Post Office Building;’’ H.R. 1082, To des- in Manufactured Goods Act; H.R. 748, amended, ignate the facility of the United States Postal Service Child Interstate Abortion Notification Act; and located at 120 East Illinois Avenue in Vinita, Okla- H.R. 866, To make technical corrections to the homa, as the ‘‘Francis C. Goodpaster Post Office United States Code. Building;’’ H.R. 1236, To designate the facility of The Committee also began mark up of H.R. the United States Postal Service located at 750 4th 1279, Gang Deterrence and Community Protection Street in Sparks, Nevada, as the ‘‘Mayor Tony Arm- Act of 2005. strong Memorial Post Office;’’ H.R. 1524, To des- ignate the facility of the United States Postal Service OVERSIGHT—IMMIGRATION AND ALIEN located at 12433 Antioch Road in Overland Park, GANG EPIDEMIC Kansas, as the ‘‘Ed Eilert Post Office Building;’’ Committee on the Judiciary: Subcommittee on Immi- H.R. 1542, To designate the facility of the United gration, Border Security, and Claims held an over- States Postal Service located at 695 Pleasant Street sight hearing on Immigration and the Alien Gang in New Bedford, Massachusetts, as the ‘‘Honorable Epidemic: Problems and Solutions. Testimony was Judge George N. Leighton Post Office Building; ‘‘ heard from Michael Garcia, Assistant Secretary, Im- H. Res. 184, Recognizing a National Week of Hope migration and Customs Enforcement, Department of in commemoration of the 10-year anniversary of the Homeland Security; and public witnesses. terrorist bombing in Oklahoma City; H. Con. Res. DOMESTIC ENERGY SECURITY ACT 41, Recognizing the second century of Big Brothers Big Sisters, and supporting the mission and goals of Committee on Resources: Ordered reported, as amended, that organization; and H. Res. 197, Honoring the Domestic Energy Security Act. Franklin Delano Roosevelt. OVERSIGHT—GRAZING AND RANGE DEPARTMENT OF HOMELAND SECURITY CONSERVATION PROMOTING PRIORITIZATION AND Committee on Resources: Subcommittee on Forests and MANAGEMENT Forest Health held an oversight hearing on Manage- Committee on Homeland Security: Held a hearing enti- ment Challenges for Grazing and Range Conserva- tled ‘‘The Department of Homeland Security: Pro- tion in the Forest Service and the Bureau of Land

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(Committee meetings are open unless otherwise indicated) BANKRUPTCY ABUSE PREVENTION AND Senate CONSUMER PROTECTION ACT OF 2005 Committee on Appropriations: Subcommittee on Transpor- Committee on Rules: Granted, by a vote of 7 to 4, a tation, Treasury, the Judiciary, and Housing and Urban Development, and Related Agencies, to hold hearings to closed rule providing one hour of debate on S. 256, examine proposed budget estimates for fiscal year 2006 Bankruptcy Abuse Prevention and Consumer Protec- for the Department of Housing and Urban Development, tion Act of 2005, in the House equally divided and 9:30 a.m., SD–138. controlled by the chairman and ranking minority Subcommittee on Agriculture, Rural Development, and member of the Committee on the Judiciary. The rule Related Agencies, to hold hearings to examine proposed waives all points of order against the bill and against budget estimates for fiscal year 2006 for the Office of its consideration. Finally, the rule provides one mo- Marketing and Regulatory Programs, the Office of Food, tion to recommit with or without instructions. Nutrition, and Consumer Services, and the Office of Food Safety and Inpection Service, all of the Department of GREEN CHEMISTRY RESEARCH AND Agriculture, 2 p.m., SD–192. DEVELOPMENT ACT Subcommittee on Energy and Water, and Related Committee on Science: Ordered reported, as amended, Agencies, to hold hearings to examine proposed budget H.R.1215, Green Chemistry Research and Develop- estimates for fiscal year 2006 for the National Nuclear Security Administration, 2 p.m., SD–124. ment Act of 2005. Committee on Armed Services: to hold hearings to examine SMALL BUSINESS INVESTMENT COMPANIES implementation by the Department of Defense of the Na- PROGRAM tional Security Personnel System, 9:30 a.m., SR–325. Subcommittee on Airland, to hold hearings to examine Committee on Small Business: Held a hearing entitled Air Force acquisition oversight in review of the Defense ‘‘ Private Equity for Small Firms: The Importance of Authorization Request for Fiscal Year 2006, 2:30 p.m., the Participating Securities Program.’’ Testimony SR–232A. was heard from Jaime Guzman-Fournier, Associate Committee on Banking, Housing, and Urban Affairs: to Administrator, Office of Investment, SBA; and pub- hold hearings to examine the implementation of the Ter- lic witnesses. rorism Risk Insurance Program, 10 a.m., SD–538. Committee on Commerce, Science, and Transportation: busi- COAST GUARD AND MARITIME ness meeting to consider S. 364, to establish a program TRANSPORTATION ACT OF 2005 within the National Oceanic Atmospheric Administration Committee on Transportation and Infrastructure: Sub- to integrate Federal coastal and ocean mapping activities, committee on Coast Guard and Maritime Transpor- S. 714, to amend section 227 of the Communications Act tation approved for full Committee action H.R. 889, of 1934 relating to the prohibition on junk fax trans- Coast Guard and Maritime Transportation Act of missions, S. 432, to establish a digital and wireless net- 2005. work technology program, the proposed Surface Transpor- tation Safety Improvement Act of 2005, and the nomina- OVERSIGHT—WASTEWATER BLENDING tions of a National Oceanic and Atmospheric Administra- Committee on Transportation and Infrastructure: Sub- tion Promotion List, Coast Guard Promotion List, and Coast Guard Promotion List, 10 a.m., SR–253. committee on Water Resources and Environment Committee on Finance: to hold hearings to examine how held an oversight hearing on Wastewater Blending. to solve the tax gap, 10 a.m., SD–G50. Testimony was heard from Representative Stupak; Committee on Health, Education, Labor, and Pensions: to and public witnesses. hold hearings to examine lifelong education opportuni- ENHANCED ENERGY INFRASTRUCTURE ties, 10 a.m., SD–430. AND TECHNOLOGY TAX ACT OF 2005 Committee on Homeland Security and Governmental Affairs: Oversight of Government Management, the Federal Committee on Ways and Means: Ordered reported, as Workforce, and the District of Columbia, to hold over- amended, H.R. 1541, Enhanced Energy Infrastruc- sight hearings to examine a review of the Unfunded Man- ture and Technology Tax Act of 2005. dates Reform Act (UMRA), focusing on the impact of the

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UMRA has had on Federal, state, and local governments Subcommittee on Foreign Operations, Export Financ- and explore if changes are necessary to strengthen the ing, and Related Agencies, on Members of Congress and law’s procedures, definitions, and exclusions, 10 a.m., Public Witnesses, 9 a.m., H–144 Capitol. SD–342. Subcommittee on Interior, Environment, and Related Full Committee, to hold hearings to examine the ongo- Agencies, on Public Witnesses: Native Americans, 10 ing need for comprehensive postal reform, 2 p.m., a.m., B–308 Rayburn. SD–342. Committee on Armed Services, and the Committee on Committee on the Judiciary: business meeting to consider International Relations, joint hearing regarding U.S. na- S. 378, to make it a criminal act to willfully use a weap- tional security and foreign policy implications of arms ex- on with the intent to cause death or serious bodily injury ports to the People’s Republic of China by member states to any person while on board a passenger vessel, S. 119, of the European Union, 9 a.m., 2118 Rayburn. to provide for the protection of unaccompanied alien chil- Subcommittee on Tactical Air and Land Forces, hear- dren, S. 629, to amend chapter 97 of title 18, United ing on the Fiscal Year 2006 National Defense Authoriza- States Code, relating to protecting against attacks on rail- tion budget request on the Department of Defense’s roads and other mass transportation systems, S. 555, to major rotorcraft programs, 3:30 p.m., 2118 Rayburn. amend the Sherman Act to make oil-producing and ex- Committee on Education and the Workforce, Subcommittee porting cartels illegal, and the nominations of Thomas B. on Education Reform, hearing on The Best of Head Start: Griffith, of Utah, and Janice R. Brown, of California, Learning from Model Programs, 10:30 a.m., 2175 Ray- each to be a United States Circuit Judge for the District burn. of Columbia Circuit, Terrence W. Boyle, of North Caro- Committee on Energy and Commerce, to continue mark up lina, to be United States Circuit Judge for the Fourth of the Energy Policy Act of 2005, 10 a.m., 2123 Ray- Circuit, Priscilla Richman Owen, of Texas, to be United burn. States Circuit Judge for the Fifth Circuit, Robert J. Subcommittee on Telecommunications and the Inter- Conrad, Jr., to be United States District Judge for the net, hearing entitled ‘‘The ORBIT Act: An Examination Western District of North Carolina, and James C. Dever of Progress Made in Privatizing the Satellite Communica- III, to be United States District Judge for the Eastern tions Marketplace,’’ 10 a.m., 2123 Rayburn. District of North Carolina, 9:30 a.m., SD–226. Committee on Financial Services, Subcommittee on Hous- Subcommittee on Immigration, Border Security and ing and Community Opportunity, hearing entitled ‘‘Re- Citizenship, with the Subcommittee on Terrorism, Tech- view and Oversight of the National Flood Insurance Pro- nology and Homeland Security, to hold joint hearings to gram,’’ 11 a.m., 2128 Rayburn. examine deportation and related issues relating to Committee on Homeland Security, hearing entitled ‘‘Grant strengthening interior enforcement, 2:30 p.m., SD–226. Reform: The Faster and Smarter Funding for First Re- Committee on Veterans’ Affairs: to hold joint hearings sponders Act of 2005,’’ 11 a.m., 210 Cannon. with the House Committee on Veterans Affairs to exam- Subcommittee on Management, Integration, and Over- ine the legislative presentations of the Military Officers sight, hearing entitled ‘‘The Need to Strengthen Informa- Association of America, the National Association of State tion Security at the Department of Homeland Security,’’ Director of Veterans Affairs, AMVETS, the American Ex- 2 p.m., 210 Cannon. Prisoners of War, and Vietnam Veterans of America, 10 Committee on International Relations, Subcommittee on a.m., 345 CHOB. Africa, Global Human Rights, and International Oper- Select Committee on Intelligence: to hold hearings to exam- ations, hearing on Foreign Relations Authorization for FY ine the nomination of Lieutenant General Michael V. 2005–2006: Department of State Management Initiatives, Hayden, United States Air Force, to be Principal Deputy 2 p.m., 2172 Rayburn. Director of National Intelligence, 10:30 a.m., SH–216. Subcommittee on International Terrorism and Non- Full Committee, closed business meeting to consider proliferation, hearing on Averting Nuclear Terrorism, 2 pending calendar business, 3 p.m., SH–219. p.m., 2200 Rayburn. Committee on Resources, Subcommittee on Fisheries and House Oceans, oversight hearing on the Relationship between Committee on Appropriations, Subcommittee on Defense, the Magnuson-Stevens Fishery Conservation and Manage- on Recruiting and Retention, 10 a.m., 2359 Rayburn. ment Act and the National Environmental Policy Act, 10 Subcommittee on The Department of Homeland Secu- a.m., 1334 Longworth. rity, on Science and Technology, 2 p.m., 2359 Rayburn. Subcommittee on National Parks, hearing on the fol- Subcommittee on the Departments of Labor, Health lowing bills: H.R. 432, Betty Dick Residence Protection and Human Services, Education, and Related Agencies, Act; H.R. 481, Sand Creek Massacre National Historic on Public Witnesses, 10 a.m., 2358 Rayburn. Site Trust Act of 2005; and H.R. 1492, To provide for Subcommittee on the Departments of Transportation, the preservation of the historic confinement sites where Treasury, and Housing and Urban Development, the Ju- Japanese Americans were detained during Work War II, diciary, District of Columbia, and Independent Agencies, 10 a.m., 1324 Longworth. on Election Assistance Commission, 10 a.m., and on Con- Committee on Science, hearing on the 2004 Presidential sumer Product Safety Commission, 2 p.m., 2358 Ray- Awardees for Excellence in Mathematics and Science burn. Teaching, 10 a.m., 2318 Rayburn.

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Committee on Small Business, Subcommittee on Tax, Fi- General Defense Intelligence Program (GDIP) Budget, 10 nance and Exports, hearing entitled ‘‘The Estate Tax and a.m., HJ–405 Capitol. the Alternative Minimum Tax—Inequity for America’s Small Businesses,’’ 2 p.m., 311 Cannon. Committee on Transportation and Infrastructure, Sub- Joint Meetings committee on Aviation, oversight hearing on Trans- forming the Federal Aviation Administration: a Review of Joint Meetings: Senate Committee on Veterans’ Affairs, the Air Traffic Organization and the Joint Program De- to hold joint hearings with the House Committee on velopment Office, 10 a.m., 2167 Rayburn. Veterans Affairs to examine the legislative presentations Subcommittee on Economic Development, Public of the Military Officers Association of America, the Na- Buildings and Emergency Management, oversight hearing tional Association of State Director of Veterans Affairs, on The National Preparedness System: What are we pre- AMVETS, the American Ex-Prisoners of War, and Viet- paring for? 2 p.m., 2167 Rayburn. nam Veterans of America, 10 a.m., 345 CHOB. Committee on Ways and Means, hearing on United Commission on Security and Cooperation in Europe: to hold States-China Economic Relations and China’s Role in the hearings to examine problems experienced by unregis- World Economy, 11 a.m., 1100 Longworth. tered religious communities operating within the Russian Subcommittee on Oversight, hearing on 2005 Tax Re- Federation, 11 a.m., 2200 RHOB. turn Filing Season and the IRS Budget for Fiscal Year Joint Economic Committee: to hold hearings to examine 2006, 2 p.m., B–318 Rayburn. the current economic outlook for April, 9:30 a.m., 2212 Permanent Select Committee on Intelligence, executive, brief- RHOB. ing on Global Updates, 9 a.m., and executive, hearing on

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, April 14 10 a.m., Thursday, April 14

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of S. 256, Bank- morning business (not to extend beyond 60 minutes), ruptcy Abuse Prevention and Consumer Protection Act of Senate will continue consideration of H.R. 1268, Emer- 2005 (closed rule, one hour of debate). gency Supplemental Appropriations.

Extensions of Remarks, as inserted in this issue

HOUSE Gilchrest, Wayne T., Md., E639 Pallone, Frank, Jr., N.J., E638 Herger, Wally, Calif., E644 Pombo, Richard W., Calif., E639 Capuano, Michael E., Mass., E643 Kildee, Dale E., Mich., E643 Rahall, Nick J., II, W.Va., E642 Cardin, Benjamin L., Md., E644 Kucinich, Dennis J., Ohio, E639 Rangel, Charles B., N.Y., E637 Cardoza, Dennis A., Calif., E640 Leach, James A., Iowa, E643 Rothman, Steven R., N.J., E637 Cooper, Jim, Tenn., E636 Lewis, Ron, Ky., E642 Roybal-Allard, Lucille, Calif., E636 Crowley, Joseph, N.Y., E645 Meehan, Martin T., Mass., E634 Cuellar, Henry, Tex., E631, E633, E634, E635, E636, Millender-McDonald, Juanita, Calif., E643, E645 Sessions, Pete, Tex., E638 E637, E638, E639, E640, E641 Myrick, Sue Wilkins, N.C., E635 Shaw, E. Clay, Jr., Fla., E641 Ehlers, Vernon J., Mich., E631, E633 Nadler, Jerrold, N.Y., E632 Shimkus, John, Ill., E638 Gallegly, Elton, Calif., E636 Ney, Robert W., Ohio, E632, E634 Smith, Christopher H., N.J., E640 Garrett, Scott, N.J., E645 Olver, John W., Mass., E633 Woolsey, Lynn C., Calif., E632, E634

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