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

Vol. 151 WASHINGTON, THURSDAY, APRIL 21, 2005 No. 49 House of Representatives The House met at 10 a.m. and was try of America. Bless this land and her conductor, he led the Nashville Sym- called to order by the Speaker pro tem- people, so that America may continue phony not only to national recognition pore (Mrs. MILLER of Michigan). to be the great beacon of hope to our but to international acclaim. f world. With astounding talent, Schermer- For all of these blessings, may Your DESIGNATION OF THE SPEAKER horn was not simply a metronome lead- Name be praised from generation to PRO TEMPORE ing musicians through a musical score; generation. Amen. The SPEAKER pro tempore laid be- rather, he gave life to the music he so fore the House the following commu- f clearly loved. He enriched the lives of nication from the Speaker: THE JOURNAL thousands of adults and children in middle Tennessee, and he brought the WASHINGTON, DC, The SPEAKER pro tempore. The joy of music to communities around April 21, 2005. Chair has examined the Journal of the I hereby appoint the Honorable CANDICE S. the globe. He truly was a dear friend to MILLER to act as Speaker pro tempore on last day’s proceedings and announces so many Tennesseans and an inspira- this day. to the House her approval thereof. tional leader to those of us who served J. DENNIS HASTERT, Pursuant to clause 1, rule I, the Jour- on the symphony board. Speaker of the House of Representatives. nal stands approved. It is with deep sorrow that I join f f music lovers in my State and in coun- PRAYER PLEDGE OF ALLEGIANCE tries around the world to mourn the loss of our gifted friend. Our thoughts Bishop Vicken Aykazian, The Arme- The SPEAKER pro tempore. Will the nian Church of America, offered the and prayers are with his family. gentlewoman from Nevada (Ms. BERK- following prayer: LEY) come forward and lead the House Lord God of creation, we ask Your in the Pledge of Allegiance. f blessing on the men and women gath- Ms. BERKLEY led the Pledge of Alle- ered here today, all of whom labor in giance as follows: RISING GAS PRICES the cause of liberty and justice for the people of this great Nation. I pledge allegiance to the Flag of the (Mr. ROSS asked and was given per- United States of America, and to the Repub- We pray that You will inspire our lic for which it stands, one nation under God, mission to address the House for 1 leaders with wisdom, compassion, and indivisible, with liberty and justice for all. minute and to revise and extend his re- resolution in the face of evil. In a time marks.) f of uncertainty across our world, Lord, Mr. ROSS. Madam Speaker, gas we seek above all to know and perform ANNOUNCEMENT BY THE SPEAKER prices are rising at alarming rates Your will. We pray that You will re- PRO TEMPORE across the country, and these costs are member the precious sacrifices made in The SPEAKER pro tempore. The hurting America’s working families. the name of liberty, that You will The average price of a gallon of gas in shepherd the downtrodden out of the Chair will entertain up to five 1-minute Arkansas is $2.11, up from $1.72 just a darkness of tyranny, and that You will requests per side. year ago. That is a 22.6 percent in- steer our entire world to a new dawn of f crease. This high cost not only affects peace and dignity, for all Your chil- our overall economy but also directly dren. HONORING KENNETH impacts individual families, seniors, We are aware, Lord, of the solemn oc- SCHERMERHORN casion approaching us this week mark- (Mrs. BLACKBURN asked and was and farm families. Our farm families ing the 90th anniversary of the Arme- given permission to address the House are facing higher overhead costs and nian genocide. Even after four genera- for 1 minute and to revise and extend family vacations are being canceled for tions, the effects of that terrible epi- her remarks.) many working families. sode are still felt. We ask You to grant Mrs. BLACKBURN. Madam Speaker, Americans deserve more. They de- rest to the souls of all whose lives were on Monday, April 18, 2005, Tennessee serve to know why the cost of gas is taken and bestow Your peace on their lost legendary Nashville Symphony Or- skyrocketing. More importantly, descendants. chestra conductor, Maestro Kenneth Americans deserve a solution. We must Finally, Lord, we thank You for the Schermerhorn. For more than 2 dec- reduce our Nation’s dependence on for- bounty and liberty of this great coun- ades as music director and principal eign oil.

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.

H2397

.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2398 CONGRESSIONAL RECORD — HOUSE April 21, 2005 FILIBUSTERS PART OF THE DEMO- we have no solution to the nuclear they are trying to deceive the Amer- CRATS’ CYNICAL CAMPAIGN OF waste problem. We continue to lavish ican people into believing that a real OBSTRUCTION billions of dollars on the nuclear indus- investigation would actually take (Mr. PITTS asked and was given per- try when we have no safe way to store place. That is a farce. mission to address the House for 1 the waste. I hope that we defeat this ri- minute and to revise and extend his re- diculous piece of legislation. f marks.) f PRAISING DAVID MCMILLON’S Mr. PITTS. Madam Speaker, Senate HOUSE ETHICS ACADEMIC ACCOMPLISHMENT Democrats are blocking votes on quali- (Mr. MCHENRY asked and was given (Mr. BOOZMAN asked and was given fied judicial nominees. Each of these permission to address the House for 1 permission to address the House for 1 nominees would receive the majority minute and to revise and extend his re- minute and to revise and extend his re- support of most Senators in a vote. So marks.) marks.) it was interesting when Democrats say Mr. MCHENRY. Madam Speaker, yes- Mr. BOOZMAN. Madam Speaker, I exposing these obstructionist tactics is terday the Democrat leadership in the rise today to praise Bentonville High un-American, in the words of one Sen- House of Representatives rejected com- School senior David McMillon for his ator. promise to organize the House Ethics academic excellence. The fact is Democrats oppose these When David was in the 10th grade, he Committee. They rejected reasonable judges because they support judges who scored a 35 on the ACT exam, just one compromise because they want to use say the Ten Commandments, the point shy of a perfect score. That excel- the ethics process for partisan political Pledge, and prayer in public are illegal. lent score was 14 points higher than the purposes. It is time to say enough is They support judges who have no fear national average. Now a senior, David enough. The Democrat leadership must of legislating from the bench. They op- took the test again, and this time man- work with the Republican leadership so pose judges who share the same values aged to best his previous accomplish- we can move this House forward. Rea- as most of America. But they do not ment by achieving a perfect score. sonable Democrats on the other side of want people to know that. They would David was one of only 17 students the aisle need to call off the dogs, need rather keep that all under wraps. who took the ACT last December to get to say enough is enough with their But there is a growing voice in this a perfect score. It is quite an elite Democrat whip and their Democrat country that is calling them out. Sen- group when you consider that over leader and say, Come to the table. ate Democrats and their liberal allies 371,000 students across the country Let’s organize. Let’s move forward. at the ACLU and People for the Amer- took this test last December. And Let’s quit these baseless, partisan at- ican Way have declared people of faith David achieved this honor while serv- tacks on our Republican leader, TOM ineligible to serve on the Federal ing as captain of the school’s ACE DELAY. Let’s move forward. Let’s move team, earning the distinction of Na- bench. This strategy represents the forward together as a House. tional Merit Finalist, and playing the worst that our Nation’s leaders have to But, no, they reject that because lead in several Bentonville High School offer, using religious conviction as an they want to use the ethics process for drama productions. excuse for obstructionism in the Sen- partisan political gain. It is not about Madam Speaker, David McMillon ate. It is all part of a cynical campaign ethics to them. It is about partisan- should be praised for this accomplish- of obstructionism. ship. It is not about doing what is ment. This talented young Arkansan f right. It is about using it for electoral has a bright future ahead of him, and I congratulate him again on this accom- THE ENERGY POLICY ACT gain, and it is not going to work. Enough is enough. Reasonable Demo- plishment. (Ms. BERKLEY asked and was given crats, come to the table. Let us work f permission to address the House for 1 through this process and move this minute and to revise and extend her re- COSPONSOR THE GAS PRICE SPIKE House forward. ACT OF 2005 marks.) f Ms. BERKLEY. Madam Speaker, now (Mr. KUCINICH asked and was given is the time to create an energy plan to HOUSE ETHICS permission to address the House for 1 wean this country from its reliance on (Mr. PALLONE asked and was given minute and to revise and extend his re- foreign oil and to harness renewable permission to address the House for 1 marks.) energy sources. It is not the time to minute.) Mr. KUCINICH. Madam Speaker, all line the pockets of the special inter- Mr. PALLONE. Madam Speaker, over this country, the American people ests. This Congress should be devel- since the beginning of the year, the are troubled by the fast increasing oping a long-term energy policy that House Republican leadership has price of gasoline. The oil companies are making billions of dollars in windfall will make this Nation energy inde- worked to undermine the ethics proc- profits while families have had to pendent by utilizing 21st-century tech- ess here in the House. First, the leader- tighten their budget. While families nology, not propping up obsolete en- ship floated an ethics proposal that have experienced less money for food, ergy sources guaranteed to continue would have allowed members of its clothing, shelter and education, the oil this Nation’s reliance on the oil, gas, leadership to continue to serve in lead- companies continue to rake the Amer- and nuclear industries. ership if they were indicted. Now under ican consumer over the coals. The fast- We should be putting our resources the weakened rules, the new chairman est way to bring relief from these high into the research and development of of the committee says he will conduct prices is to eliminate the price gouging renewable energy, harness the sun, an investigation of one of the Repub- by the oil companies and reduce de- wind, geothermal. At a time when oil lican leaders. mand. companies are reaping record profits, The American people should not be I have submitted a bill called the Gas the Republican energy bill will give 93 fooled. The leadership rushed through a Price Spike Act of 2005, which will dis- percent of the subsidies in this bill to new rule that ends ethics complaints courage price gouging and reduce de- the oil, gas, and nuclear industries and after 45 days. And then the Republican mand by implementing, first, a wind- chump change for research and devel- leadership purged the committee of fall profits tax on gasoline and diesel. opment of renewable energy. It boggles three members who were not always Such a tax is to be imposed on key oil my mind that at a time of record prices willing to toe the party line. And then industry profits that are above a rea- for gasoline, we are doing absolutely they replaced them with party loyal- sonable rate of return. If the oil compa- nothing in this bill to reduce gas ists. nies are collecting excessive profits, prices. This debacle of a Republican The Republican majority has weak- they should be subject to a stiff tax on bill will actually increase gas prices by ened the ethics rules to the point that those excessive profits. 3 cents on the gallon. they are meaningless. The Republican It is time to stand up for the Amer- I am appalled that we would spend leaders have gone to extreme lengths ican consumers and take on these oil one cent more on nuclear energy when to protect one of their own. And now companies.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2399 b 1015 ronment. It is a danger to public Mrs. CAPPS. Mr. Chairman, I am INTEGRATED HEALTH CARE health. It forces consumers to pay willing to withhold the amendment more for gas and keeps us dependent on without prejudice to give us time for (Mr. MURPHY asked and was given foreign oil. discussion. permission to address the House for 1 f The Acting CHAIRMAN. The amend- minute and to revise and extend his re- ment is withheld without prejudice. marks.) GENERAL LEAVE It is now in order to consider amend- Mr. MURPHY. Madam Speaker, Mr. BARTON of Texas. Madam ment No. 15 printed in House report study after study associates untreated Speaker, I ask unanimous consent that 109–49. depression with increased rates of all Members may have 5 legislative AMENDMENT NO. 15 OFFERED BY MR. UDALL OF chronic illness and increased health days within which to revise and extend NEW MEXICO care costs. For cancer, heart disease, their remarks and include extraneous Mr. UDALL of New Mexico. Mr. asthma, arthritis, diabetes the inci- material on H.R. 6. Chairman, I offer an amendment. dence of depression can be double that The SPEAKER pro tempore (Mrs. The Acting CHAIRMAN. The Clerk of the general population. Untreated MILLER of Michigan). Is there objection will designate the amendment. depression complicates treatment and to the request of the gentleman from The text of the amendment is as fol- can double health care costs. Untreated Texas? lows: depression can cost employers $51 bil- There was no objection. Amendment No. 15 offered by Mr. UDALL of New Mexico: lion per year. f Depression management programs, Strike section 631 (and amend the table of contents accordingly). however, can save employers an aver- ENERGY POLICY ACT OF 2005 age of $2,600 per employee through in- The SPEAKER pro tempore. Pursu- The Acting CHAIRMAN. Pursuant to creased productivity and reduced ab- ant to House Resolution 219 and rule House Resolution 219, the gentleman senteeism. XVIII, the Chair declares the House in from New Mexico (Mr. UDALL) and the The time has come to improve health the Committee of the Whole House on gentleman from Texas (Mr. BARTON) care by integrating and coordinating the State of the Union for the further each will control 5 minutes. medical and mental health services for consideration of the bill, H.R. 6. The Chair recognizes the gentleman more effective diagnosis and treat- from New Mexico (Mr. UDALL). b 1018 Mr. UDALL of New Mexico. Mr. ment. Chairman, I yield myself such time as Rather than just cut the payments IN THE COMMITTEE OF THE WHOLE I may consume. for health care, Congress can lead the Accordingly, the House resolved itself into the Committee of the Whole I would like to first thank the Com- way to saving lives and money through mittee on Rules and the gentleman integrated care. Science supports this, House on the State of the Union for the further consideration of the bill (H.R. from California (Chairman DREIER) for and I look forward to working with my making my amendment in order. My colleagues to transform our health care 6) to ensure jobs for our future with se- cure, affordable, and reliable energy, amendment strikes section 631 of this system through innovation, informa- legislation. Section 631 is typical of tion, and incentives to lower health with Mr. BONILLA (Acting Chairman) in the chair. this flawed, shortsighted energy bill, care costs for every American. I ask which does not give us a national en- my colleagues to learn more about in- The Clerk read the title of the bill. The Acting CHAIRMAN. When the ergy policy and does not help con- tegrated care by visiting my website at sumers with high gas prices. Murphy.house.gov. Committee of the Whole rose on Wednesday April 20, 2005, amendment Section 631 is a $30 million giveaway f No. 14 printed in House report 109–49 of- to dangerous uranium mine tech- THE ENERGY BILL fered by the gentlewoman from Cali- nology. It is unsound fiscal policy for an unproven type of mining. Further- (Ms. LEE asked and was given per- fornia (Ms. SOLIS) had been disposed of. more, this $30 million giveaway will en- mission to address the House for 1 REQUEST TO OFFER AMENDMENT courage a company to pollute the minute and to revise and extend her re- Mrs. CAPPS. Mr. Chairman, pursuant groundwater of a community of 10,000 marks.) to clause 11 of rule XVIII, I offer an Navajo Indians. Ms. LEE. Madam Speaker, today we amendment that will strike an un- At its worst, this section targets a will vote on the energy bill, written by funded mandate in section 1502. minority community with a dangerous and for the energy industry in secret The Acting CHAIRMAN. The Chair technology and uses them in an experi- meetings with Vice President CHENEY. will respond momentarily. ment. At best, it is an unwarranted Tomorrow is Earth Day, and the PARLIAMENTARY INQUIRY giveaway to the uranium mining indus- theme this year is ‘‘Protect our chil- Mr. BARTON of Texas. Parliamen- try. dren and our future.’’ Is this how the tary inquiry, Mr. Chairman. Mr. Chairman, I reserve the balance Republican Congress envisions cele- The Acting CHAIRMAN. The gen- of my time. brating Earth Day and protecting our tleman from Texas is recognized. Mr. BARTON of Texas. Mr. Chair- children and the future? Mr. BARTON of Texas. My par- man, I yield myself such time as I may This bill will pollute our air at a liamentary inquiry is that that is not consume. time when childhood asthma rates are an amendment that we knew and Mr. Chairman, I rise in opposition to growing. It exempts MBTE producers precleared under the Committee on the amendment. The Udall amendment from poisoning our water and keeps us Rules. would strike from the energy bill all dependent on foreign oil. This environ- The Acting CHAIRMAN. Will the funding for research and development mentally irresponsible bill offers over gentleman withhold his parliamentary into environmentally sensitive ura- $37 billion in tax breaks and subsidies inquiry? nium mining and reclamation tech- to oil, coal, and nuclear power indus- Mr. BARTON of Texas. I will be nologies. tries. happy to, Mr. Chairman. Uranium mining is necessary for the The energy industry does not need The Acting CHAIRMAN. Will the production of enriched uranium that is this money. In 2004 the profits of the gentlewoman consider withholding her necessary to create nuclear fuel used in top 10 oil and gas companies jumped by motion at this time and perhaps bring- nuclear power plants. The bill before us more than 30 percent. ing it up a little later? today paves the way for an expansion The Republican Congress and the ad- Mrs. CAPPS. Mr. Chairman, could we of the domestic nuclear industry, and ministration continue to prioritize discuss this, please? we need to authorize funding to de- short-term corporate profits over long- The Acting CHAIRMAN. Bringing up velop more environmentally sensitive term health and safety of our children the motion at a later time would be uranium technologies to feed the grow- and our earth. We should be protecting perfectly acceptable and would give the ing demand for nuclear power. our children, our future, and this plan- Chair an opportunity to evaluate the Section 631 of the bill creates a ura- et. This energy bill destroys our envi- situation. nium mining research and development

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2400 CONGRESSIONAL RECORD — HOUSE April 21, 2005 program to improve uranium mining provide new energy sources; instead, it Aquifer, which provides the entire region technologies. This important funding increases the potential for drastically with uncontaminated drinking water. The supports advanced uranium mining harming the environment and causing proposed sites for the uranium leaching would be Church Rock and Crownpoint, New technologies that can allow mining op- potential harm to thousands. Mexico, located 90 miles from Albuquerque. erations to be conducted with greater The case, Mr. Chairman, for this This area is also home to approximately environmental sensitivity. Section 631 amendment is strong. This is corporate 15,000 people, and thousands more non-Nav- would also authorize funds for the de- welfare, pure and simple. It is unwise ajos who could soon be effected by possible velopment of new environmental clean- use of taxpayer dollars and dangerous uranium exposure. up technologies for the remediation of to my constituents. My amendment For the sake of the health and safety of the closed uranium mines. can prevent the potential damage this Navajo People, and the non-Navajo commu- Nuclear power is here to stay, and we provision can inflict on the health of nities surrounding the Navajo Nation, I sup- port your proposed amendment to remove need to support a strong domestic ura- thousands of Native Americans. But as Section 631 from H.R. 6. Thank you for your nium industry. Section 631 provides I stated earlier, this provision has im- attention to this urgent matter. funding for environmentally sensible plications to far more communities Sincerely, uranium mining to support a growing than in my district. The potential SHARON CLAHCHISCHILLIAGE, nuclear industry. long-term damage this section could Executive Director, Navajo Nation With respect to the gentleman from inflict on the environment is also im- Washington Office. New Mexico’s (Mr. UDALL) specific con- measurable. EASTERN NAVAJO DINE´ cerns for uranium mining issues in his I ask my colleagues to take a close AGAINST URANIUM MINING, home State, I would like to point out look at this and consider whether or Crownpoint, NM, April 20, 2005. the provision specifically excludes New not they would want this type of dan- DEAR REPRESENTATIVE: Eastern Navajo Mexico from receiving any funding gerous mining occurring in the neigh- Dine´ Against Uranium Mining (ENDAUM)—a under this provision. So I am not sure borhoods of their constituents. I urge Navajo citizens group that has been trying exactly what his objection could be at my colleagues to support my amend- to stop a uranium solution mining project in this point, at least with respect to his ment, stop corporate welfare, help pro- two Dine´ communities in New Mexico for home State. tect the health of Native Americans more than 10 years—urges you to support the Udall Amendment to the Energy Policy Act I would encourage my colleagues to and help protect the environment. of 2005 (H.R. 6). The Udall Amendment vote against the Udall amendment. In closing, I ask to include for the strikes Section 631, which authorizes a $30 Mr. Chairman, I reserve the balance RECORD this list of organizations that million dollar subsidy to companies using of my time. are supporting my amendment to dem- the in situ leach (ISL), or solution mining, Mr. UDALL of New Mexico. Mr. onstrate the broad support we received method to extract uranium. This unneces- Chairman, I yield myself such time as from both New Mexico and nationally. sary act of corporate welfare could indi- rectly facilitate uranium mining in Navajo I may consume. SUPPORTERS OF THE UDALL AMENDMENT communities that don’t want it and on a sov- With all due respect to the chairman, Taxpayers for Common Sense he claims that this section excludes ereign American Indian nation that just this Natural Resources Defense Council week enacted a statutory ban on uranium New Mexico. I have a memo here from US PIRG mining and processing. the Congressional Research Service National Environmental Trust Since 1995, ENDAUM and other groups that reads as follows: ‘‘The proposed Friends of the Earth have mounted a legal challenge to the Nu- statutory language, section 631, does Public Citizen clear Regulatory Commission’s licensing of not appear to prohibit precisely the Sierra Club Hydro Resources Inc.’s Crownpoint Uranium same sorts of projects envisioned by Navajo Nation Project. ENDAUM believes that solution Southwest Research and Information Center mining at four sites in Church Rock and section 631 from occurring within New New Mexico Environmental Law Center Mexico. This statute, section 631, even Crownpoint, New Mexico, will contaminate Eastern Navajo Dine Against Uranium Min- the regional aquifer that provides the only appears to permit the Department of ing (ENDAUM) source of drinking water for an estimated Energy to fund these types of programs 15,000 people. in New Mexico so long as there are al- THE NAVAJO NATION, Even though Section 631 contains a limita- ternative available sources of Federal Washington, DC, April 20, 2005. tion that bars the Department of Energy funding that can be utilized.’’ Hon. TOM UDALL, (DOE) from awarding any of the $30 million Also, I would point out funds are fun- House of Representatives, Longworth House Of- in grants for ‘‘restoration demonstration gible. This $30 million could end up and fice Building, Washington, DC. projects’’ located in New Mexico, ENDAUM DEAR CONGRESSMAN UDALL: As the Execu- fears that the provision, if enacted, could free up funds committed elsewhere. A tive Director of the Navajo Nation Wash- fund HRI’s parent company, Uranium Re- company can use the now freed-up ington Office, representing the Navajo Na- sources, Inc. (URI). URI, which is based in money to mine in New Mexico. Thus, tion in Washington, DC, I wish to express Texas and operates three ISL mines there, this subsidy would indirectly facilitate strong opposition to any attempt to reopen qualifies for the DOE grants under language uranium mining in Navajo commu- the Navajo Nation to uranium mining. Sec- in Section 631. ENDAUM fears that should nities. tion 631 of H.R. 6, the Energy Policy Act of URI receive a DOE grant to be used at its This has broader communications 2005, would create a $30 million subsidy for Texas mines, it would free up cash to fund than just for my State. We should not the domestic uranium mining industry over HRI’s defense of its NRC license and eventu- three years to ‘‘identify, test, and develop be experimenting in communities’ ally to construct the proposed ISL mines in improved in situ leaching mining tech- Church Rock and Crownpoint. water supply anywhere. My amend- nologies.’’ While proponents of in situ leach Since the early 1950s, many Navajo com- ment protects all communities near mining contend that this type of mining munities including Church Rock have dealt uranium mines from potentially having poses a low risk to groundwater contamina- with the devastating impacts of uranium their water supplies polluted. tion, the fact remains that the technology is mining on the health of workers and commu- Section 631 also has very serious fis- unproven and the possibility of environ- nity members and the environment. This 50- cal concerns. This proposed subsidy mental restoration is inconclusive. year legacy was one of the principal reasons would lead to even further unsound The history of uranium mining on the Nav- cited by the Navajo Nation Council when it ajo Nation is painful. Many Navajo People voted 63–19 on April 19 to adopt the Dine´ Nat- policy. At a time of skyrocketing Fed- have died or suffered the painful effects from ural Resources Protection Act of 2005, which eral deficits and in an uncertain eco- uranium exposure through contaminated air, created Navajo Nation law banning uranium nomic future, we should not be giving water, and livestock. To this day, the Navajo mining and processing, including ISL min- away $30 million to the uranium indus- Nation continues to work with the United ing. try. We have too many priorities that States government to address the harmful Congress has a responsibility to pass en- are not being met because of policies physical, emotional, and financial hardships ergy policy that promotes development of like this subsidy. Navajo families continue to endure because sustainable and renewable energy sources Taxpayers for Common Sense views of past uranium activity. while protecting the environment and public The Dine’ will not tolerate the risk of health and respecting the sovereignty of Na- this as an unfair corporate giveaway. being exposed to uranium again. It is impor- tive American tribes. ISL mining in a cur- We do not need more of this type of tant to note that the proposed legislation rently used drinking water aquifer in Navajo uranium development. Promoting this would not only threaten the health of the communities is inimical to these objectives type of development does not safely Navajo People, but also threatens the Navajo and is opposed not only be the overwhelming

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2401 majority of people in the area, but also by ties funded under this section may be modest research and development pro- the Navajo Nation government. Again, carried out in the State of New Mex- gram; it is $10 million a year over a 3- ENDAUM urges you to support the Udall ico.’’ year period. I think they have allo- Amendment to strike from the Energy Pol- That is the plain language of the sec- cated the money out according to the icy Act of 2005 the $30 million subsidy to the uranium mining industry. tion: ‘‘No activities funded under this good it will do. This program would be Sincerely, section may be carried out in the State cost-shared, and it is consistent with LYNNEA SMITH, of New Mexico.’’ far larger programs for other elec- Project Specialist. Now, the gentleman from New Mex- tricity generation. It makes no sense ico has every right to offer an amend- to eliminate this important funding TAXPAYERS FOR COMMON SENSE ACTION, ment to strip the section if he has and forego opportunities for this. STOP URANIUM SUBSIDIES FROM FOULING UP some concerns generically about its For all of these reasons, I oppose the THE ENERGY BILL impact nationally; but if he has any Udall amendment. SUPPORT THE UDALL AMENDMENT concern about this program being used Mr. BURGESS. Mr. Chairman, I rise this DEAR REPRESENTATIVE: We urge you to in his home State, it is not going to morning in opposition to the Udall amendment. support Representative Tom Udall’s amend- happen, because it very clearly states The Udall amendment will strike Section ment to strike Section 631 from H.R. 6, the in this amendment, this section C of 631, which provides R&D funding for environ- Energy Policy Act of 2005. We are deeply con- the section 631, it cannot happen. mentally sensitive uranium mining and rec- cerned with this provision, which gives a $30 Mr. UDALL of New Mexico. Mr. lamation. million handout to the uranium industry, Chairman, will the gentleman yield? Nuclear power is an important part of our and we will consider including your vote on Mr. BARTON of Texas. I yield to the the Udall amendment on our annual score- domestic fuel mix. It is an emission-free cards. gentleman from New Mexico. source of electricity that powers our homes Section 631 authorizes $30 million in fed- Mr. UDALL of New Mexico. Mr. and businesses. Today, nuclear power pro- eral spending to aid the uranium industry’s Chairman, the Congressional Research vides 20 percent of power in the United efforts to develop in situ leaching mining Service was specifically asked the States. technology. This unnecessary act of cor- question, and there is absolutely no As our economy continues to grow, we will porate welfare subsidizes a mature industry doubt. I read it into the RECORD. It is consume more electricity. I think we can all that has existed in the United States for there. agree that a healthy, robust economy is a de- more than half a century, and does not need Mr. BARTON of Texas. Mr. Chair- the government to hold its hand any longer. sirable thing. Clean air is also desirable. The U.S. already has an ample supply of ura- man, reclaiming my time, with all due Nuclear power will help provide the elec- nium, and does not need to spend hard- respect, this bill came out of my com- tricity that our growing economy needs without earned taxpayer dollars to scour for new mittee. I mean, read it. Would I put increasing emissions. This is truly an environ- sources. something in there or approve some- mentally responsible source of energy. The 50-year-old nuclear industry has bene- thing, or is there some secret language, Section 631 will encourage improvements to fited from cradle-to-grave subsidization for some code word that the gentleman uranium mining practices to make them more too long. These subsidies distort price sig- and I, either one, do not know? ‘‘No ac- environmentally friendly. It encourages new nals and undermine the natural market tivities funded under this section may forces of the energy industry. Section 631 is environmental clean-up technologies as well. yet another example of the government’s be carried out in the State of New Mex- Nuclear power is here to stay, and we need wasteful support of nuclear power, an indus- ico.’’ Boom. to support a strong domestic uranium industry. try that cannot survive on its own. Now, I am not saying the Congres- We are at a point in our Nation’s history This $89 billion energy bill is ballooning in sional Research Service did not tell the where we cannot afford to turn our back on cost, and at a time of unprecedented deficits gentleman what he read in the RECORD. any reasonable power source to meet our Na- it is the taxpayers of the next generation The gentleman is an honest man, but tion’s energy needs. that will foot the bill. We urge you to oppose this is the bill. I mean, the gentleman I urge my colleagues to vote against the the energy bill, and to demonstrate your understands that. Sure. Udall amendment. commitment to fiscal responsibility by sup- Mr. Chairman, I yield such time as he porting the Udall amendment. If you would The Acting CHAIRMAN. The ques- like any more information, please contact may consume to the gentleman from tion is on the amendment offered by Evan Berger at (202) 546–8500x111. Texas (Mr. HALL), to close. the gentleman from New Mexico (Mr. Sincerely, The Acting CHAIRMAN (Mr. UDALL). JILL LANCELOT, BONILLA). The gentleman from Texas The question was taken; and the Act- President/Co-founder. (Mr. BARTON) has 11⁄2 minutes remain- ing Chairman announced that the noes Mr. Chairman, I yield back the bal- ing. appeared to have it. ance of my time. Mr. HALL. Mr. Chairman, like so Mr. UDALL of New Mexico. Mr. Mr. BARTON of Texas. Mr. Chair- many times when I stand up here, I am Chairman, I demand a recorded vote. man, I yield myself such time as I may very fond of the author of the amend- The Acting CHAIRMAN. Pursuant to consume. ment, but I do not like the amendment. clause 6 of rule XVIII, further pro- Mr. Chairman, it is only a page The name of Udall is almost a sacred ceedings on the amendment offered by amendment, section 631. It authorizes name in the West. the gentleman from New Mexico (Mr. $10 million each year for 2006, 2007, 2008. The salient part of this bill, I think UDALL) will be postponed. of this entire bill, that the gentleman b 1030 It is now in order to consider amend- from Texas (Chairman BARTON) has ment No. 16 printed in House Report It would create cooperative cost- brought to us and we have passed 109–49. sharing agreements between the De- through committee and subcommittee, AMENDMENT NO. 16 OFFERED BY MR. FORD partment of Energy and the domestic is that it covers waterfront, and that Mr. FORD. Mr. Chairman, I offer an uranium producers, and these cost- means that we need all energy sources. amendment. sharing agreements would be competi- This is just another of the sources that The Acting CHAIRMAN. The Clerk tively selected demonstration projects. we pool together. will designate the amendment. So it is a 3-year $10 million per-year, I think assuring reliable, economical, The text of the amendment is as fol- openly competed demonstration pro- and environmentally sensitive domes- lows: gram to try to find new ways to im- tic uranium mining industry is essen- prove mining technologies with the ap- tial to be a part of this bill and to Amendment No. 16 offered by Mr. FORD: propriate environmental restoration carry out and make the fullness of the In title VII, subtitle B, part 1, add at the end the following new section: technologies. bill. But the part that I want to read into As the gentleman from Texas (Chair- SEC. 713. EFFICIENT HYBRID AND ADVANCED DIESEL VEHICLES. the RECORD is, and I have great respect man BARTON) pointed out, section 631 (a) PROGRAM.—The Administrator of the for the Congressional Research Service, of the bill reported by the House Com- Environmental Protection Agency shall es- but it very plainly states in section C mittee on Energy and Commerce, I do tablish a program to encourage domestic of section 631, and I am going to read not know how many votes were against production and sales of efficient hybrid and this verbatim: ‘‘Limitation. No activi- it, but the committee authorizes a advanced diesel vehicles. The program shall

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2402 CONGRESSIONAL RECORD — HOUSE April 21, 2005 include grants to domestic automobile man- we would also enjoy a net increase in and that it is a coming thing, and I ufacturers to— jobs estimated, according to the Union want to thank the gentleman from (1) encourage production of efficient hybrid of Concerned Scientists, by some Tennessee for offering this amendment, and advanced diesel vehicles; and 182,000 new jobs in the service, finance, and I do strongly support it. (2) provide consumer incentives, including discounts and rebates, for the purchase of ef- insurance, manufacturing, and retail Mr. Chairman, I yield back the bal- ficient hybrid and advanced diesel vehicles. industries. ance of my time. (b) AUTHORIZATION OF APPROPRIATIONS.— The second point I would make be- Mr. FORD. Mr. Chairman, I yield my- There are authorized to be appropriated to fore yielding is that there have been self the remaining time. I thank the the Administrator of the Environmental questions raised by those in the auto- chairman for his support and ask all of Protection Agency for carrying out this sec- motive industry regarding how would my colleagues in both parties to be tion $300,000,000 for each of the fiscal years we define a company that manufac- supportive of it. 2006 through 2015. tures or assembles vehicles, or a do- Just to point out one last thing, I ap- The Acting CHAIRMAN. Pursuant to mestic manufacturer. I would be more preciate the chairman pointing out House Resolution 219, the gentleman than willing to work with those in con- that this authorizes the program, and from Tennessee (Mr. FORD) and a Mem- ference, but my intent is clear. Any forgive me for not making that point ber opposed each will control 5 min- company that manufactures or assem- clear, as well as the fact that the EPA utes. bles vehicles in the United States will administer this program. Finally, The Chair recognizes the gentleman would be covered under this amend- as my colleagues know, the budget from Tennessee (Mr. FORD). ment, meaning those at the Nissan measure that President Bush proposed Mr. FORD. Mr. Chairman, I yield my- plant in Smyrna, Tennessee, and those would grant about $7 billion, a little self such time as I may consume. at the Saturn plant in Spring Hill, Ten- over $7 billion, in tax breaks; and a I rise in support of this amendment, nessee, would be covered and protected. good 70 percent of that would go to- which is very simple. We increase fund- Last, Mr. Chairman, this bill also wards energy efficiency and alternative ing for research and development of hy- seeks to promote research and develop- sources of energy. I believe that this brid vehicles. Namely, the amendment ment of advanced diesel engines, which amendment advances that goal, not would create a $3 billion program over would help companies to develop the only for the President but, more impor- the next 10 years to provide incentives next generation of cleaner, more en- tantly, for the country. for car manufacturers to dramatically ergy-efficient trucks. This means that Mr. Chairman, I yield back the bal- increase their production of hybrid and companies like Peterbilt and even ance of my time. advanced diesel vehicles, and for con- Averitt Express in my home State of The Acting CHAIRMAN. The ques- sumers as well, Mr. Chairman, to pur- Tennessee would benefit from the pro- tion is on the amendment offered by chase those vehicles at a discount and gram as well. the gentleman from Tennessee (Mr. get them on the road as quickly as pos- Finally, the program would also as- FORD). sible. sist companies like the largest em- The amendment was agreed to. I would turn my attention, and I will ployer in my district and State, FedEx. The Acting CHAIRMAN. It is now in be glad to yield at any time to the gen- For those of my colleagues who do not order to consider amendment No. 17 tleman from Texas (Mr. BARTON) if he know, they are a little package deliv- printed in House Report 109–49. has a question. ery company in Memphis, which plans AMENDMENT NO. 17 OFFERED BY MR. KUCINICH I would point my colleagues’ atten- to introduce 75 new hybrid diesel-elec- Mr. KUCINICH. Mr. Chairman, I offer tion to two things. H.R. 6 makes every tric trucks into service nationwide in an amendment as the designee of the effort to address our dependence on for- the next 12 months. These trucks are gentlewoman from Ohio (Ms. KAPTUR). eign oil. However, 93 percent of the tax being built by a consortium of compa- The Acting CHAIRMAN. The Clerk credits of the bill go to producers of nies, including the Eaton Corporation will designate the amendment. traditional sources of energy, oil, gas and Freightliner. The text of the amendment is as fol- and otherwise, compared to only about In closing, Mr. Chairman, this is a lows: 6 percent for renewable sources of en- good solid amendment. It is one that Amendment No. 17 offered by Mr. KUCINICH: ergy and energy efficiency. has no partisan stripes, only an effort In section 722(a), strike ‘‘15’’ and insert This small amount that would go to- to help clean up the environment, find ‘‘20’’. wards the development of hybrid vehi- ways to reduce our dependence on for- In section 722(e)(1), strike ‘‘$20,000,000’’ and cles would allow us to do two or three eign oil, and create good old American ‘‘$15,000,000’’. things right away, Mr. Chairman: first, jobs here in this country. MODIFICATION TO AMENDMENT NO. 17 OFFERED to increase our fuel standards without Mr. Chairman, I reserve the balance BY MR. KUCINICH addressing some of the more controver- of my time. Mr. KUCINICH. Mr. Chairman, I ask sial ways that came up on the floor Mr. BARTON of Texas. Mr. Chair- unanimous consent to modify this yesterday involving CAFE standards man, I claim the time in opposition, al- amendment by striking the number and increases there. It is known that a though I am actually supportive of the ‘‘20’’ in the first place it appears and midsized hybrid SUV gets 31 percent amendment, but I had to apparently inserting the number ‘‘30’’ in lieu better gas mileage than its conven- say I was opposed to get the time, and thereof. tional counterpart. And the ‘‘greener’’ I yield myself such time as I may con- The Acting CHAIRMAN. The Clerk hybrids, Mr. Chairman, can increase sume. will report the modification. fuel efficiency by 85 percent. Mr. Chairman, this is a good amend- The Clerk read as follows: A hybrid Honda Insight is rated at 61 ment. It adds to the bill. The gen- Modification to the amendment offered by miles per gallon in the city and 70 tleman from Arizona (Mr. SHADEGG) of- Mr. KUCINICH of Ohio by striking ‘‘20’’ the miles per gallon on the highway. A fered a similar amendment in markup first place it appears and inserting ‘‘30’’ in comparable traditional Honda Civic that was adopted. This goes further and lieu thereof. gets just 32 miles per gallon in the city establishes the program at the EPA. The Acting CHAIRMAN. Is there ob- and 37 miles per gallon on the highway. The only concern, well, not concern, jection to the request of the gentleman I need not explain to those in my but I need to let the distinguished gen- from Ohio? home district of Memphis who are pay- tleman from Tennessee know that this Mr. BARTON of Texas. Mr. Chair- ing an average of $2.15 cents a gallon authorizes the program, it does not ap- man, reserving the right to object, and that we need better fuel efficiency, not propriate the funds, and it would be I will not object, Mr. Chairman, simply only for our pocketbooks and our wal- subject to appropriations; but cer- to say that the gentleman has cleared lets but also for our air and our envi- tainly, authorizing the program so that this with the majority. It would change ronment. we can go to the Committee on Appro- the numerical number of cities that In addition, if indeed we were to trav- priations and request funding. would be eligible, but it would not el this route and provide these incen- There is no question, it is without change the total funding, and this is an tives, Mr. Chairman, not only would we question that hybrid technology ex- acceptable change, and we are very enjoy a net savings at the pump, but tends our available full fuel resources willing to accept it.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2403 Mr. Chairman, I withdraw my res- the public realm that can help us tran- The Acting CHAIRMAN (Mr. ervation of objection. sition to a new age of energy independ- BONILLA). All time has expired on this The Acting CHAIRMAN. Without ob- ence. debate. jection, the modification to the amend- I am very sensitive to the gentle- The question is on the amendment, ment is accepted. man’s time and do not want to impose. as modified, offered by the gentleman There was no objection. Mr. KUCINICH. Well, the gentle- from Ohio (Mr. KUCINICH). Mr. KUCINICH. Mr. Chairman, I yield woman has made it possible for me to The amendment, as modified, was myself such time as I may consume. help and offer this amendment. agreed to. I want to express my appreciation to We can grow our way out of our en- The Acting CHAIRMAN. It is now in the Chair for accepting the modifica- ergy crisis; and farmers growing bio- order to consider amendment No. 18 tion and my appreciation to the gentle- mass feedstocks that can be processed printed in House Report No. 109–49. woman from Ohio (Ms. KAPTUR), who I locally to supply, in our case, nearby AMENDMENT NO. 18 OFFERED BY MS. have worked with on this amendment cities such as Cleveland and Toledo can MILLENDER-MCDONALD that would double the number of De- help us do that. They will benefit with Ms. MILLENDER-MCDONALD. Mr. partment of Energy Clean City pro- new and more stable markets; our fuel Chairman, I offer an amendment. grams that could apply for a pilot pro- supply is home grown, thus reducing The Acting CHAIRMAN. The Clerk gram to invest in alternative fuel vehi- our dependence on foreign oil; fuel will designate the amendment. cles. By amending section 722, the prices are reduced; and the air we The text of the amendment is as fol- amendment would increase the number breathe is cleaner. lows: I yield to the gentlewoman. of project grants from 15 to 30 for State Amendment No. 18 offered by Ms. Ms. KAPTUR. Mr. Chairman, I would governments, local governments, and MILLENDER-MCDONALD: just say, along with what the gen- metropolitan transportation authori- In title VII, after section 743 insert the fol- tleman has stated for the record, there ties. lowing new section and make the necessary are over 140 million cars and 85 million conforming changes in the table of contents: Now, we are offering this amendment trucks on our highways. And today because we believe that farmers and SEC. 743A. DIESEL TRUCK RETROFIT AND FLEET 3,300,000 of those cars and trucks all al- MODERNIZATION PROGRAM. our urban centers can work together to ready are on our highways running on (a) ESTABLISHMENT.—The Administrator of eliminate our dependency on oil. Farm- 85 percent ethanol. If we but use our the Environmental Protection Agency, in ers grow biomass feedstocks that can fleets in a wiser way and help transi- consultation with the Secretary of Energy, shall establish a program for awarding be processed locally to supply nearby tion to these new fuels, we can make a cities such as Cleveland and Toledo. grants on a competitive basis to public agen- difference in the pockets of every sin- cies and entities for fleet modernization pro- Mr. Chairman, I yield such time as gle American and leave a better world she may consume to the gentlewoman grams including installation of retrofit tech- to our children. nologies for diesel trucks. from Toledo, Ohio (Ms. KAPTUR), with Today, there are 187,000 retail loca- (b) ELIGIBLE RECIPIENTS.—A grant shall be whom I have had the privilege of work- tions in our country from which we awarded under this section only to a State or ing on this amendment. purchase our fuels, but only 400 sta- local government or an agency or instrumen- Ms. KAPTUR. Mr. Chairman, I thank tions across 38 States sell E–85. I want tality of a State or local government or of the able gentleman from Cleveland and to buy. I just said to the head of GM, two or more State or local governments who will allocate funds, with preference to ports say that the north coast of Ohio is well who came here to Washington this represented here today as we help and other major hauling operations. week, to the Auto Caucus event, I said, (c) AWARDS.— America, through the Kucinich-Kaptur Sir, I want to buy a GM Malibu pow- (1) IN GENERAL.—The Administrator shall amendment, take another small step ered by ethanol. Do you sell it? And seek, to the maximum extent practicable, to for humankind toward energy inde- even if I bought it, could I go to Toledo ensure a broad geographic distribution of pendence. and buy the fuel? grants under this section. This program is budget neutral. All He said, ‘‘I do not think I have that (2) PREFERENCES.—In making awards of it does is it allows for 30 communities yet.’’ I said, ‘‘Can you go back to De- grants under this section, the Administrator shall give preference to proposals that— in our country to adapt alternatively troit and figure that one out for me?’’ fueled vehicles in their public fleets, as (A) will achieve the greatest reductions in I know that the Jeep Liberty that is emissions of nonmethane hydrocarbons, ox- well as some of the infrastructure to rolling off the lines in Toledo today ides of nitrogen, and/or particulate matter support it. It allows for those competi- has, for the first time in U.S. history, per proposal or per truck; or tive grants to be in the amount up to a 5 percent biodiesel blend as original (B) involve the use of Environmental Pro- $15 million as opposed to $20 million. equipment, called B–5. Someday we are tection Agency or California Air Resources So we reduce the actual amount, and going to get that up to B–20, and the Board verified emissions control retrofit we increase the number of commu- farms in Ohio that surround the cities technology on diesel trucks that operate nities, so we at least have an addi- that some of us live in are going to pro- solely on ultra-low sulfur diesel fuel after tional 30. It allows greater energy secu- September 2006. vide that fuel. And that money is going (d) CONDITIONS OF GRANT.—A grant shall be rity, greater economic security and, to be going in their pockets. We are provided under this section on the conditions without a doubt, greater environ- going to have a new fuel-based age in that— mental security. this Nation. (1) trucks which are replacing scrapped b 1045 I get pretty excited about this, be- trucks and on which retrofit emissions-con- cause I have seen the future and it is in trol technology are to be demonstrated— I want to say thank you to the gen- Ohio, and it is in Iowa, and it is in Ne- (A) will operate on ultra-low sulfur diesel tleman, who has been such a leader on braska. fuel where such fuel is reasonably available this issue, the gentleman from Ohio Mr. BARTON of Texas. Mr. Chair- or required for sale by State or local law or (Mr. KUCINICH), for Cleveland and for regulation; man, if the gentlewoman will yield, it (B) were manufactured in model year 1998 our country. It is important to think is in Texas. about new ways of doing things, to and before; and Ms. KAPTUR. Mr. Chairman, it is (C) will be used for the transportation of close the book on the 20th century, the definitely in Texas. And we want to be cargo goods especially in port areas or used petroleum age, and move toward a new able to use that fuel in a new way. in goods movement and major hauling oper- energy age for America and the world. So we thank the gentleman for allow- ations; Sixty-two percent of what powers our ing the amendment to be offered, I (2) grant funds will be used for the pur- vehicles today is imported, that is, would hope that we would get favorable chase of emission control retrofit tech- two-thirds. This is not a sustainable consideration by the committee or nology, including State taxes and contract position for the United States, particu- when we come to the floor for a vote. fees; and larly when spot markets in oil are ring- So we would urge consideration and (3) grant recipients will provide at least 5 percent of the total cost of the retrofit, in- ing in at over $50, and $55 a barrel. support of the Kaptur-Kucinich amend- cluding the purchase of emission control ret- Every family in America is feeling the ment, which is future-oriented, budget- rofit technology and all necessary labor for pain of this. So this program will help neutral, and helps move America to a installation of the retrofit, from any source us move forward millions of vehicles in new biofuel age. other than this section.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2404 CONGRESSIONAL RECORD — HOUSE April 21, 2005 (e) VERIFICATION.—Not later than 90 days native fueled vehicles; and an exemp- throughout southern Los Angeles after the date of enactment of this Act, the tion from Federal income taxes on any County, one of which has the highest Administrator shall publish in the Federal incentive payments to truck owners pollution area in the State of Cali- Register procedures to— and operators who participate in vol- fornia, that I and the gentlewoman (1) make grants pursuant to this section; (2) verify that trucks powered by ultra-low untary replacement and/or retrofit pro- from California (Ms. MILLENDER- sulfur diesel fuel on which retrofit emis- grams, and where the incentive pay- MCDONALD) and the gentlewoman from sions-control technology are to be dem- ments are used toward purchasing or California (Ms. LINDA T. SA´ NCHEZ) and onstrated will operate on diesel fuel con- retrofitting newer, cleaner-burning other Members represent. taining not more than 15 parts per million of heavy-duty trucks. In 2000, the gateway region was iden- sulfur after September 2006; and Mr. Chairman, to date, 322 old trucks tified in a study as having some of the (3) verify that grants are administered in have been scrapped since September highest levels of toxic exposure caused accordance with this section. 2002. In the last year alone, only 11 by diesel emissions in that whole re- (f) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to trucks have been removed from the gion. As you know, 80 percent of the the Administrator to carry out this section, road. I think we can do better. goods received at the Ports of Long to remain available until expended the fol- Mr. Chairman, I reserve the balance Beach and Los Angeles are transported lowing sums: of my time. by trucks through our cities, and this (1) $20,000,000 for fiscal year 2005. Mr. HALL. Mr. Chairman, I rise in traffic heavily impacts the region’s in- (2) $35,000,000 for fiscal year 2006. support of the amendment. frastructure, the quality of life, and (3) $45,000,000 for fiscal year 2007. The Acting CHAIRMAN. Without ob- the health of the area’s residents, par- (4) Such sums as are necessary for each of jection, the gentleman from Texas (Mr. ticularly the young and vulnerable el- fiscal years 2008 and 2009. HALL) is recognized for 5 minutes. derly. The Acting CHAIRMAN. Pursuant to There was no objection. Diesel engine emissions contain can- House Resolution 219, the gentlewoman Mr. HALL. Mr. Chairman, I yield my- cer-causing substances such as arsenic, from California (Ms. MILLENDER- self such time as I may consume. benzene, et cetera, et cetera. I urge all MCDONALD) and a Member opposed This amendment creates an EPA pro- of my colleagues to vote for the amend- each will control 5 minutes. gram for awarding competitive grants. ment. The Chair recognizes the gentle- We like that. We like the fact that the Ms. MILLENDER-MCDONALD. Mr. woman from California (Ms. fleet modernization and retrofitting of Chairman, I yield myself such time as MILLENDER-MCDONALD). existing equipment is going to reduce I may consume. Ms. MILLENDER-MCDONALD. Mr. harmful emissions and lessen smog- Mr. Chairman, I thank the support of Chairman, I yield myself such time as forming pollution. the Members for my amendment. I may consume. It is a good amendment, and the ma- The Acting CHAIRMAN. The ques- Today I am offering an amendment jority is in favor of it. I thank the gen- tion is on the amendment offered by to the energy bill that establishes a tlewoman from California (Ms. the gentlewoman from California (Ms. diesel truck retrofit and fleet mod- MILLENDER-MCDONALD) for introducing MILLENDER-MCDONALD.) ernization program. This amendment it and explaining it and passing it. The amendment was agreed to. will advance some of our country’s Creates an EPA program for awarding com- The Acting CHAIRMAN. It is now in most pressing environmental and petitive grants to public agencies and entities order to consider Amendment No. 19 transportation concerns. for fleet modernization including installation of printed in House Report 10–49. Currently, there are over 90,000 retrofit technologies for diesel trucks. AMENDMENT NO. 19 OFFERED BY MR. trucks in operation in the United Grants are to be awarded to State and local BLUMENAUER States, and over 30,000, or 35 percent, governments or agencies that will allocate Mr. BLUMENAUER. Mr. Chairman, I are over 10 years old. Heavy-duty funds with a preference to ports and other offer an amendment. trucks are known to operate for 20 major hauling operations. The Acting CHAIRMAN. The Clerk years or more and 1 million miles or Preference is given to proposals that will designate the amendment. more. achieve greatest emissions reductions and in- The text of the amendment is as fol- The emissions from these older, volve the use of EPA or California Air Re- lows: heavy-duty trucks are among the high- sources Board (CARB) verified retrofit tech- Amendment No. 19 offered by Mr. est contributors to ozone and particu- nologies. In addition, those diesel trucks retro- BLUMENAUER. late pollution in the country. Heavy- fitted with emissions control technologies In title VII, subtitle D, after section 754, duty trucks are the highest polluters should operate on ultra-low sulfur diesel fuel. insert the following new section (and amend among on-road transportation emis- Marine ports in the United States are major the table of contents accordingly): sions resources. This is a national hubs of economic activity and sources of pol- SEC. 755. CONSERVE BY BICYCLING PROGRAM. issue. lution. Ports experience thousands of diesel (a) DEFINITIONS.—In this section: In 2003, 62 million people lived in 97 truck visits per day. This activity contributes (1) PROGRAM.—The term ‘‘program’’ means U.S. counties with particulate levels significantly to local and regional air pollution. the Conserve by Bicycling Program estab- higher than the particulate matter 2.5, This program is a measure that will work to- lished by subsection (b). and/or PM–10 Federal standards; and (2) SECRETARY.—The term ‘‘Secretary’’ wards decreasing the impact of air pollution by means the Secretary of Transportation. 159 million people lived in areas that do ports on the local and regional level. (b) ESTABLISHMENT.—There is established not meet the 8-hour ozone standards. Fleet modernization and retrofit of existing within the Department of Transportation a The health impact of particulates and equipment will reduce harmful emissions and program to be known as the ‘‘Conserve by ozone pollution are increasingly a lessen smog forming pollutants. Bicycling Program’’. major public concern. Mr. Chairman, I yield back the bal- (c) PROJECTS.— The problem is that we have to get ance of my time. (1) IN GENERAL.—In carrying out the pro- gram, the Secretary shall establish not more the old trucks off the highways so that Ms. MILLENDER-MCDONALD. Mr. we can fully receive the benefits of the than 10 pilot projects that are— Chairman, I yield 1 minute to the gen- (A) dispersed geographically throughout progress we have made over the past 30 tlewoman from California (Mrs. the United States; and years. My amendment authorizes $100 NAPOLITANO). (B) designed to conserve energy resources million in funding between fiscal year Mrs. NAPOLITANO. Mr. Chairman, by encouraging the use of bicycles in place of 2006 and fiscal year 2008 that will be an this amendment establishes a diesel motor vehicles. incentive to replace and scrap the old- truck retrofit and fleet modernization (2) REQUIREMENTS.—A pilot project de- est and highest emitting heavy-duty program. It authorizes $200 million scribed in paragraph (1) shall— trucks; incentives to retrofit heavy- funding between 2006 and 2008. (A) use education and marketing to con- duty trucks that will be operating for This amendment is modeled after a vert motor vehicle trips to bicycle trips; (B) document project results and energy more than many years; incentives to very successful program which my col- savings (in estimated units of energy con- develop and implement a training pro- leagues and I initiated in 2001 through served); gram for technicians working with ad- the gateway cities region. The gateway (C) facilitate partnerships among inter- vanced diesel technology and alter- region is comprised of 27 cities ested parties in at least 2 of the fields of—

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2405 (i) transportation; Bicycling, as virtually every Member servation strategy, this gives us the (ii) law enforcement; of this assembly knows, is one of the elements to make sure that we can (iii) education; cleanest, healthiest, most efficient and document the impact. (iv) public health; The Conserve by Bike program is a (v) environment; and environmentally friendly modes of (vi) energy; transportation that exists. It is the critical step in the right direction. I (D) maximize bicycle facility investments; most efficient form of urban transpor- strongly urge its adoption. (E) demonstrate methods that may be used tation in history. Mr. Chairman, I reserve the balance in other regions of the United States; and As an alternative to automobile trav- of my time. (F) facilitate the continuation of ongoing el, bicycling can be an important ele- Mr. HALL. Mr. Chairman, on the programs that are sustained by local re- ment of a comprehensive energy con- Blumenauer amendment, I rise to say sources. servation strategy. However, the rela- that we will accept the amendment. (3) COST SHARING.—At least 20 percent of The Acting CHAIRMAN (Mr. PUT- the cost of each pilot project described in tionship has not been adequately stud- paragraph (1) shall be provided from State or ied. The Conserve by Bike amendment NAM). Without objection, the gen- local sources. recognizes that it is time to better un- tleman from Texas (Mr. HALL) is recog- (d) ENERGY AND BICYCLING RESEARCH derstand the positive effects that bicy- nized for 5 minutes. STUDY.— cling can have on the conservation of There was no objection. (1) IN GENERAL.—Not later than 2 years our energy resources. Mr. HALL. Mr. Chairman, I yield my- after the date of enactment of this Act, the The amendment seeks to ensure that self such time as I may consume. Secretary shall enter into a contract with Mr. Chairman, we encourage bicy- the National Academy of Sciences for, and the Federal Government educates the the National Academy of Sciences shall con- public and provides appropriate re- cling. It serves to ease traffic conges- duct and submit to Congress a report on, a search into the benefits of bicycling as tion and all that. I think this bill was study on the feasibility of converting motor it relates to energy conservation. accepted last year in the same bill and vehicle trips to bicycle trips. We are well aware of the health im- they accept it this year. (2) COMPONENTS.—The study shall— pacts. We are well aware of the oppor- Mr. Chairman, the first bill I voted (A) document the results or progress of the tunities that bicycling affords to young on when I came up here 25 years ago pilot projects under subsection (c); people, for example, to being able to was to give a gasoline allowance to (B) determine the type and duration of guys that rode their bikes to work. I motor vehicle trips that people in the United have access to school. States may feasibly make by bicycle, taking This assembly, just last month, has thought that was interesting. I do not into consideration factors such as— approved in our transportation legisla- know if the gentleman has that in part (i) weather; tion, almost $1 billion in Safe Routes of this amendment or not, but I hope it (ii) land use and traffic patterns; to Schools. With ISTEA and TEA–21 we is in here. We do accept it. (iii) the carrying capacity of bicycles; and have increasingly supported bike facili- It is one of our oldest modes of trans- (iv) bicycle infrastructure; ties through State, Federal and local portation. Everyone recognizes the (C) determine any energy savings that funding. This amendment will leverage benefits, and it is a good amendment, would result from the conversion of motor these investments to help people take and we thank the gentleman for intro- vehicle trips to bicycle trips; ducing it again this year. Perhaps we (D) include a cost-benefit analysis of bicy- advantage of energy conservation cle infrastructure investments; and choices they have in getting around will make it to the end of the gate. (E) include a description of any factors their community. I would like to also, if I have some that would encourage more motor vehicle First, the amendment would estab- time, I would like to just say that this trips to be replaced with bicycle trips. lish a Conserve by Bicycling pilot pro- establishes the Conserve the Bicycling (e) AUTHORIZATION OF APPROPRIATIONS.— gram in the Department of Transpor- pilot program within the Department There is authorized to be appropriated to tation, oversee up to 10 geographically of Transportation, and up to, I think, carry out this section $6,200,000, to remain 10 pilot projects geographically dis- available until expended, of which— dispersed pilot projects across the (1) $5,150,000 shall be used to carry out pilot country designed to conserve energy bursed all across the country designed projects described in subsection (c); resources, providing education and to conserve energy and resources by (2) $300,000 shall be used by the Secretary marketing tools to convert car trips to providing education and marketing to coordinate, publicize, and disseminate the bike trips. tools to convert car trips to bike trips. results of the program; and In addition, the projects would en- It makes a lot of sense. (3) $750,000 shall be used to carry out sub- courage partnerships between stake- According to the Chicagoland Bicycle section (d). holders from transportation, law en- Federation, right now slightly less The Acting CHAIRMAN. Pursuant to forcement, education, public health, than one trip in 100 is by bicycle. If the House Resolution 219, the gentleman environment and energy fields. The United States would just raise the lev- from Oregon (Mr. BLUMENAUER) and a 1 project results in energy savings must els to just 1 ⁄2 trips per 100, we would Member opposed each will control 5 be documented, and the Secretary of save over 462 million gallons of gaso- minutes. line a year. That is hard to multiply The Chair recognizes the gentleman Transportation is instructed to report to Congress the results of the pilot pro- that out and come up with that, but from Oregon (Mr. BLUMENAUER). that is an amazing figure. Mr. BLUMENAUER. Mr. Chairman, I gram within 2 years of implementa- Bicycling, as I have said, is one of the yield myself such time as I may con- tion. oldest modes of transportation. Every- sume. According to the Bureau of Transpor- Today I am introducing an amend- tation Statistics, bicycles are second one recognizes the benefits including ment to the Energy Policy Act to cre- only to cars as a preferred mode of health and quality of life for bicycling, ate a new conservation and research transportation, demonstrating their not only what it does for the environ- program, Conserve by Bike. This is potential for commuter use. ment. And encouraging bicycling serves to ease traffic congestion; it something that we discussed the last b 1100 time we had an energy program before mitigates air quality impact from cars us. This was approved by a voice vote. In recent years there have been sig- and trucks and traffic. I think it is a This legislation represents a small but nificant upgrades to bicycling environ- good amendment, and I thank the gen- important step forward towards deter- ments in the communities across the tleman for offering it. mining our energy future. country. At a time when these commu- Mr. Chairman, I yield back the bal- There is much discussion on the floor nities are seeking to reduce traffic con- ance of my time. about things that are mandatory. gestion, improve air quality, increase Mr. BLUMENAUER. Mr. Chairman, I There are lots of things that make peo- the safety of their neighborhoods, de- yield myself such time as I may con- ple cranky. This is one thing that will crease petroleum dependence, bicycles sume. be able to help us move forward to ac- offer a relatively simple, energy-saving Mr. Chairman, I appreciate the gen- tually take advantage of proven tech- alternative to driving. At a time when tleman from Texas’ (Mr. HALL) willing- nology, and something that is a very we talk seriously about transportation ness to accept the amendment. What positive development in each and every alternatives as an important compo- he said is true: there are over 100 mil- community across the country. nent to comprehensive energy con- lion bicycles in this country. We have

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2406 CONGRESSIONAL RECORD — HOUSE April 21, 2005 seen in community after community long time in Texas lived alongside of located in these rural areas to be able when there have been opportunities the energy industry. It has created our to coalesce with these farmers and people bike. In my home town of Port- jobs, of course, and created the ranchers to be able to create new op- land, Oregon, we have tripled the num- underpinnings of the economic infra- portunities. ber of people who are commuting by bi- structure for America. We have been on What starts with a little start can cycle. And when you take thousands of rocky times, Mr. Chairman. We have build up to a huge opportunity to build people off the road, it makes a dif- gone through some challenges whether this Nation into a strong, secure and ference in air quality. It makes a dif- it relates to the appropriate or inap- independent country, independent of ference in congestion, and it makes a propriate handling of our finances that foreign oil. difference in terms of people’s health. drew the collapse of some of our com- Unlike other renewable energy This is a small step in the right di- panies, to some tragedies that have oc- sources, biomass can be converted di- rection. I urge its adoption, and I look curred that have caused the loss of life. rectly into liquid fuels for our trans- forward to greater application in the But I do believe that the consensus is portation needs. Furthermore, bio- future. that we need an energy policy that re- energy is oftentimes produced by a Mr. Chairman, I yield back the bal- sponds to all of the elements that want form of biomass which is organic mat- ance of my time. an independent and strong future for ter that can be used to provide heat, The Acting CHAIRMAN. The ques- America. make fuels and generate electricity. tion is on the amendment offered by I would hope that at the end of the Wood, the largest source of bioenergy the gentleman from Oregon (Mr. day we will have legislation that will has been used to provide heat for thou- BLUMENAUER). speak to a strong future for America sands of years, but there are many The amendment was agreed to. and that requires not only safety in our other types of biomass such as wood, The Acting CHAIRMAN. It is now in further development of refineries and plants, residue from agricultural for- order to consider amendment No. 20 our LNG sites but also giving oppor- estry, and the organic component of printed in House Report 109–49. tunity to many different aspects of our municipal and industrial waste that AMENDMENT NO. 20 OFFERED BY MS. JACKSON- society to create energy. can now be used as energy sources. LEE OF TEXAS My amendment authorizes funds to My constituents back home, as many Ms. JACKSON-LEE of Texas. Mr. be appropriated to the Secretary of En- of our constituents across the Nation, Chairman, I offer an amendment. ergy for integrated bioenergy research have asked the question about gasoline The Acting CHAIRMAN. The Clerk and development programs, projects prices. We need to move forward with will designate the amendment. and activities at a cost of $49 million these new and creative resources and The text of the amendment is as fol- for each of fiscal years 2005 to 2009, technologies to be able to say to our lows: equaling $5 million. Activities funded constituents, we understand the soar- ing rates on gasoline prices. We are Amendment No. 20 offered by Ms. JACKSON- under this subsection shall be coordi- sympathetic, and we are looking for- LEE of Texas: nated with ongoing related programs of ward to making sure that those prices In section 910, add at the end the following other Federal agencies, including the new subsection: come down, so that our constituents Plant Genome Program of the National (h) INTEGRATED BIOENERGY RESEARCH AND can do the job that they need to do Science Foundation. DEVELOPMENT.—In addition to amounts oth- and, that is, providing for their fami- erwise authorized by this section, there are Of the funds authorized under this subsection, at least $5 million for each lies. authorized to be appropriated to the Sec- I would hope that this legislation fiscal year shall be for training and retary for integrated bioenergy research and moves forward. We will have amend- education targeted to minority and so- development programs, projects, and activi- ments that will address the question of ties, $49,000,000 for each of the fiscal years cially disadvantaged farmers and gasoline costs. But this amendment 2005 through 2009. Activities funded under ranchers, many of whom have looked this subsection shall be coordinated with on- which deals with our farmers and our to future opportunities to ensure that ranchers, Mr. Chairman, works towards going related programs of other Federal they are taking advantage, one, of the agencies, including the Plant Genome Pro- making us a safe and secure Nation. I current needs of America. gram of the National Science Foundation. Of ask my colleagues to support this I also had amendments that would the funds authorized under this subsection, amendment. at least $5,000,000 for each fiscal year shall be have focused on the offshore drilling, Mr. Chairman, I rise to offer an amendment for training and education targeted to mi- environmentally safe offshore drilling to H.R. 6 ‘‘The Energy Policy Act of 2005.’’ nority and social disadvantaged farmers and that is occurring of the Texas and Lou- Before doing so, I want to thank the Chairman ranchers. isiana shore. That has been going on of the Committee on Energy and Commerce The Acting CHAIRMAN. Pursuant to for a number of years. My amendment for moving the bill out of committee so quickly House Resolution 219, the gentlewoman had wanted to ensure that the reports so we can begin to aggressively deal with the from Texas (Ms. JACKSON-LEE) and a given from the Department of Interior energy crisis going on in this country and for Member opposed each will control 5 would be every 2 years as opposed to his support of my amendment. minutes. every 5 years. My effort was really to My amendment authorizes funds to be ap- The Chair recognizes the gentle- ensure the continued energy resources propriated to the Secretary of Energy for inte- woman from Texas (Ms. JACKSON-LEE). and to build the independence of the grated bioenergy research and development Ms. JACKSON-LEE of Texas. Mr. United States from foreign oil. programs, projects, and activities, at a cost of Chairman, I yield myself such time as This amendment that is now being $49,000,000 for each of the fiscal years 2005 I may consume. offered acknowledges the value of bio- through 2009. Activities funded under this sub- Mr. Chairman, I want to thank both mass. It also focuses on socially dis- section shall be coordinated with ongoing re- the chairman of the Committee on En- advantaged and minority ranchers and lated programs of other Federal agencies, in- ergy and Commerce and as well the farmers. That means it reaches cluding the Plant Genome Program of the Na- members of the committee. How ever throughout the Nation. Specifically, it tional Science Foundation. Of the funds au- we debate this legislation, it is long in provides for the opportunity to trans- thorized under this subsection, at least coming. late those products from the particular $5,000,000 for each fiscal year shall be for I also want to acknowledge my col- entities into energy. There is a great training and education targeted to minority and league and friend, the gentleman from opportunity for this, Mr. Chairman. socially disadvantaged farmers and ranchers. Texas (Mr. HALL) who is presiding for We are well aware of the value of our While my amendment acknowledges the the other side this morning, because we agricultural industry, but are we aware value of biomass, it also focuses on socially have talked quite often about the im- of what can happen positively to mi- disadvantaged and minority ranchers and portance of energy safety and energy nority and socially disadvantaged farmers. That means it reaches throughout the security. Many of the elements of this ranchers and farmers if they find an- Nation. Specifically, it provides the opportunity legislation deal with those issues. other element to their resources. In ad- to translate those products from those par- I want to say to my constituents in dition, this gives a great opportunity ticular entities into energy. the 18th Congressional District and for Historically Black Institutions and We are well aware of the value of our agri- surrounding areas that we have for a Hispanic-serving Institutions who are cultural industry, but are we aware of what

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2407 can happen positively to minority and socially ‘‘In section 910, add at the end the AMENDMENT NO. 21 OFFERED BY MR. TOM DAVIS disadvantaged ranchers and farmers if they following new subsection,’’ here is the of virginia find another element to their resources? Un- part that I want to emphasize, ‘‘inte- Mr. TOM DAVIS of Virginia. Mr. like other renewable energy sources, biomass grated bioenergy research and develop- Chairman, I offer an amendment. can be converted directly into liquid fuels for ment in addition to amounts otherwise The Acting CHAIRMAN. The Clerk our transportation needs. authorized by this section, there are will designate the amendment. Furthermore bioenergy is oftentimes pro- authorized to be appropriated to the The text of the amendment is as fol- duced by a form of biomass, which is organic Secretary for integrated bioenergy re- lows: matter that can be used to provide heat, make search and development, programs, Amendment No. 21 offered by Mr. fuels, and generate electricity. Wood, the larg- projects and activities, $49 million for TOM DAVIS of Virginia: est source of bioenergy, has been used to each of the fiscal years 2005 through Strike section 978 (and conform the table provide heat for thousands of years. But there 2009. Activities funded under this sub- of contents accordingly). are many other types of biomass—such as section shall be coordinated with ongo- The Acting CHAIRMAN. Pursuant to wood, plants, residue from agriculture or for- ing related programs of the Federal House Resolution 219, the gentleman estry, and the organic component of municipal agencies including the Plant Genome from Virginia (Mr. TOM DAVIS) and a and industrial wastes—that can now be used Program of the National Science Foun- Member opposed each will control 5 as an energy source. Today, many bioenergy dation. Of the funds authorized under minutes. resources are replenished through the cultiva- this subsection, at least $5 million for The Chair recognizes the gentleman tion of energy crops, such as fast-growing each fiscal year shall be for training from Virginia (Mr. TOM DAVIS). trees and grasses, called bioenergy feed- and education targeted to minority and Mr. TOM DAVIS of Virginia. Mr. stocks. socially disadvantaged farmers and Chairman, I yield myself 2 minutes. Unlike other renewable energy sources, bio- ranchers.’’ Mr. Chairman, section 978 creates mass can be converted directly into liquid That is the end of the amendment. It two new Senate-confirmed assistant fuels for our transportation needs. The two is a simple and direct amendment. The secretary positions within the Depart- most common biofuels are ethanol and bio- Jackson-Lee amendment not only ac- ment of Energy. This change would in- diesel. Ethanol, an alcohol, is made by fer- knowledges the value of biomass but at crease the total number of Senate-con- menting any biomass high in carbohydrates, the same time it focuses on socially firmed assistant secretaries in the De- like corn, through a process similar to brewing disadvantaged minority ranchers and partment from six to eight. beer. It is mostly used as a fuel additive to cut farmers. That means it reaches The Department of Energy has been down a vehicle’s carbon monoxide and other through the Nation. Specifically, what plagued by management problems for smog-causing emissions. Biodiesel, an ester, it does, and I thank the gentlewoman years. Since 1990 GAO has designated is made using vegetable oils, animal fats, for this, it provides the opportunity to contract management at DOE as a algae, or even recycled cooking greases. It translate these products from those high-risk area for waste and mis- can be used as a diesel additive to reduce ve- particular entities into that wonderful management. hicle emissions or in its pure form to fuel a ve- thing we call energy. A recently released GAO report re- hicle. Heat can be used to chemically convert What the Jackson-Lee amendment quested by the Committee on Govern- biomass into a fuel oil, which can be burned actually does, and let us just see what ment Reform confirms that DOE con- like petroleum to generate electricity. Biomass it does here, it would authorize funds tract management should remain on can also be burned directly to produce steam to be appropriated to the Secretary of the GAO high-risk list. Additionally, for electricity production or manufacturing Energy for integrated bioenergy re- the DOE Inspector General has re- search and development programs, processes. In a power plant, a turbine usually ported for years that the Department projects, activities at the cost of $49 captures the steam, and a generator then con- is not doing enough to protect its fa- million for each of the fiscal years 2005 verts it into electricity. In the lumber and paper cilities and materials from threats to through 2009. industries, wood scraps are sometimes directly our national security. fed into boilers to produce steam for their Activities funded under this sub- section would be coordinated with on- While the issues that these proposed manufacturing processes or to heat their build- assistant secretaries would be respon- ings. Some coal-fired power plants use bio- going related programs of other Fed- eral agencies including the Plant Ge- sible for no doubt are important issues, mass as a supplementary energy source in adding an additional layer of bureauc- high-efficiency boilers to significantly reduce nome Program of the National Science Foundation, as was stated in the bill racy does not elevate the issue. DOE emissions. management will not improve as a re- Even gas can be produced from biomass to itself. sult of adding these new layers. In fact, generate electricity. Gasification systems use Of the funds authorized under this the new position could have the oppo- high temperatures to convert biomass into a subsection, at least $5 million for each gas (a mixture of hydrogen, carbon monoxide, fiscal year shall be for training, that is site effect by slowing down the deci- and methane). The gas fuels a turbine, which very important, and for education, that sion-making process. is very much like a jet engine, only it runs an follows, targeted to minority and so- In addition to adding more unneces- electric generator instead of propelling a jet. cially disadvantaged farmers and sary bureaucracy to the Department, While technology to bring biobased chemicals ranchers. this section adds to the ranks over 500 and materials to market is still under develop- The gentlewoman from Houston, positions in the executive branch that ment, the potential benefit of these products is Texas (Ms. JACKSON-LEE) has another go through the cumbersome Senate great. good amendment, and we do support confirmation process. I have yet to be I ask that my Colleagues join me in sup- the amendment and ask that it be at- convinced that requiring positions porting this amendment. tached to the bill and passed. I think it below the secretary level through the Mr. HALL. Mr. Chairman, I ask will help us when we get this bill to the confirmation process in the other body unanimous consent to speak for 5 min- President for his signature after the yields better candidates or more effec- utes in support of the amendment. other body in their wisdom sees fits to tive governmental administration. The Acting CHAIRMAN. Is there ob- find us two more votes and pass it on Our Committee on Government Re- jection to the request of the gentleman to a good President who will sign a form, which has jurisdiction over the from Texas? good bill. Federal civil service and therefore the There was no objection. Mr. Chairman, I yield back the bal- creation of new layers of bureaucracy, Mr. HALL. Mr. Chairman, I yield my- ance of my time. unanimously agreed to strike this sec- self such time as I may consume. The Acting CHAIRMAN. The ques- tion from the energy bill when the Mr. Chairman, this is such a good tion is on the amendment offered by committee marked up our provisions amendment. This author is known for the gentlewoman from Texas (Ms. last week. amending bills and upgrading them. JACKSON-LEE). Here is another instance. Actually, I The amendment was agreed to. b 1115 think it is short enough to read to get The Acting CHAIRMAN. It is now in Unfortunately, when the broader en- it into the RECORD once again and be- order to consider amendment No. 21 ergy bill was cobbled together before fore us: printed in House Report 109–49. coming to the floor, the provision was

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2408 CONGRESSIONAL RECORD — HOUSE April 21, 2005 not only reinserted, it was added to by is suggesting. We have a Member on Mr. Chairman, I could stand here all creating two new Assistant Secretaries our side who wants to speak in favor of day and discuss some of the problems rather than just one. the proposal. that are currently plaguing the Depart- Based on conversations with my col- Mr. TOM DAVIS of Virginia. We will ment of Energy, but as chairman of the league that support the creation of see how much time she takes. If the Subcommittee on the Federal Work- these new positions, this is an issue gentleman can see how much time she force and Agency Organization within that I pledge to work with them on as takes, and then we can give the bal- the Committee on Government Reform, the bill moves through the conference. ance to the gentlewoman from Illinois I am growing more and more convinced Of the two new proposed positions, one (Mrs. BIGGERT). the Department of Energy is not only is simply an elevation of a preexisting I have a gentleman from our side who experiencing problems relating to how Senate-confirmed post within DOE, wants to speak in favor as well. We will to remove nuclear waste, but also whereas the other is a brand new Sen- try to accommodate the gentlewoman other energy-related projects. ate-confirmed position. from Illinois (Mrs. BIGGERT). Now is not the time to be introducing For the time being, I urge my col- Mr. WAXMAN. Mr. Chairman, I yield two new Assistant Secretaries at the leagues to support this amendment. 2 minutes to the distinguished gentle- Department of Energy. I firmly believe Mr. Chairman, I reserve the balance woman from the State of Nevada (Ms. that adding additional layers of bu- of my time. BERKLEY). reaucracy to this department will only The Acting CHAIRMAN. The gentle- The Acting CHAIRMAN (Mr. PUT- serve to cause more problems, rather woman from Nevada (Ms. BERKLEY) is NAM). Who seeks time? than to solve problems. Mr. WAXMAN. Mr. Chairman, I rise recognized on the gentleman from Cali- Mr. Chairman, when the Committee in support of the amendment. fornia’s (Mr. WAXMAN) time. on Government Reform and the sub- Ms. BERKLEY. Mr. Chairman, I The Acting CHAIRMAN. Without ob- committee were considering the energy thank the gentleman from California jection, the gentleman from California bill, I introduced an amendment to (Mr. WAXMAN) for yielding his time. strip this position. My amendment was (Mr. WAXMAN) is recognized for 5 min- I rise in support of this amendment utes. supported unanimously by the full which would strike the provision in the committee. My colleagues recognized There was no objection. bill to expand the number of Assistant Mr. WAXMAN. Mr. Chairman, I yield that with the current existence of a Secretaries at the Department of En- myself such time as I may consume. culture of mismanagement, now is not ergy, one of which being an Assistant I join my colleague, the chairman of the time to create additional bureauc- Secretary for improved management of the Committee on Government Reform, racy. nuclear energy issues. I urge my colleagues on both sides of in urging Members to adopt this Why are we creating a new position change in the Department of Energy the aisle to support this bipartisan for nuclear power? There is no Assist- amendment. structure. The change would increase ant Secretary for gas or oil or coal. Nu- the total number of Senate-confirmed Mr. TOM DAVIS of Virginia. Mr. clear energy should not be elevated Chairman, I ask unanimous consent Assistant Secretaries in the Depart- above all the others. ment from six to eight. each side be given 1 additional minute. This administration continues to The Acting CHAIRMAN. Is there ob- We have had an opportunity to evalu- push for expanded nuclear power, de- jection to the request of the gentleman ate this proposal, and it makes good spite having no solution for the issue of from Virginia? sense. I think the Department will be- radioactive nuclear waste disposal. There was no objection. come much more efficient, and it will Recently, the Department of Energy Mr. TOM DAVIS of Virginia. Mr. give greater attention to very impor- revealed that Federal employees work- Chairman, I yield my 3 remaining min- tant energy issues. ing on the Yucca Mountain project de- utes to the gentlewoman from Illinois So I join in support and urge my col- liberately falsified scientific docu- (Mrs. BIGGERT). leagues to vote for the Davis-Waxman mentation regarding water infiltration Mr. WAXMAN. Mr. Chairman, what- amendment. and climate studies. ever time we have, I would also yield to Mr. Chairman, I reserve the balance The D.C. Circuit Court of Appeals, the gentlewoman from Illinois (Mrs. of my time. the second highest court in the land, BIGGERT) so she will have her full time. Mrs. BIGGERT. Mr. Chairman, I rise struck down the EPA’s radiation The Acting CHAIRMAN. The gentle- to claim the time in opposition to the standards, which they said were inad- woman from Illinois (Mrs. BIGGERT) is Davis-Waxman amendment. equate for a mere 290,000 years. Yet the recognized for 6 minutes. The Acting CHAIRMAN. The gen- DOE continues to move forward with Mrs. BIGGERT. Mr. Chairman, I tleman from California (Mr. WAXMAN) its license application for a dump that thank the gentleman. I appreciate both has been allotted that time by unani- will never be built and continues to of the gentlemen for yielding time to mous consent. spend billions of dollars of taxpayers’ me. Mr. TOM DAVIS of Virginia. Mr. money while they are doing it. I rise in opposition to this amend- Chairman, I would ask that maybe the Before creating an Assistant Sec- ment which strikes from the bill a sec- gentleman from California (Mr. WAX- retary for Nuclear Issues and increas- tion that makes two simple, but impor- MAN) could yield the gentlewoman from ing our reliance on nuclear power, we tant organizational changes at the De- Illinois (Mrs. BIGGERT) any time that must find a safe and scientifically partment of Energy. As the title of the he would have remaining, so that she sound solution to the problem of dis- section implies, these two changes are could make a case. posing of tens of thousands of tons of designated to improve the coordination Mr. WAXMAN. Mr. Chairman, I radioactive, toxic nuclear waste. and management of civilian science would like to yield—— Mr. Chairman, Yucca Mountain is and technology programs at the De- Mrs. BIGGERT. Mr. Chairman, the not a solution to our current problem, partment of Energy. Chair did not ask him if he rose in op- nor will it address the issue of storing First, section 978(a) of H.R. 6 simply position. newly created nuclear waste. Creating changes from Director to Assistant Mr. TOM DAVIS of Virginia. The yet another layer of bureaucracy is not Secretary the title of the position re- gentlewoman in opposition to the the answer to this Nation’s energy sponsible for overseeing the DOE Office amendment has no time because the problem, and certainly the Department of Science. gentleman has taken her time. I have 3 of Energy has done nothing, nothing in Let me be clear about this. The Di- minutes remaining. I can give her 2 of its history to warrant additional fund- rector of the Office of Science already my minutes. If the gentleman from ing and additional support. is an Assistant Secretary in all but California (Mr. WAXMAN) can give her a Mr. TOM DAVIS of Virginia. Mr. title. Like the other Assistant Secre- couple of minutes, she can make her Chairman, I yield 1 minute to the gen- taries at DOE, the Director of the Of- case against our amendment. tleman from Nevada (Mr. PORTER). fice of Science is already appointed by Mr. WAXMAN. Mr. Chairman, I am Mr. PORTER. Mr. Chairman, I rise the President and confirmed by the willing to be as cooperative as possible, today in support of the Davis-Waxman Senate. Like the other Assistant Secre- but I am not sure what the gentleman amendment to H.R. 6. taries at DOE, the Director position is

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2409 on an executive schedule. Like the Mr. TOM DAVIS of Virginia. Mr. The question is on the amendment other Assistant Secretaries at the Chairman, I ask unanimous consent for offered by the gentleman from Virginia DOE, the Director position is a Level 1 additional minute on each side. (Mr. TOM DAVIS). IV on the executive schedule. The Acting CHAIRMAN. Is there ob- The amendment was agreed to. This is not a new position nor is it a jection to the request of the gentleman The Acting CHAIRMAN. It is now in promotion. This is a title change only, from Virginia? order to consider amendment No. 22 no extra pay, no extra head count, no There was no objection. printed in House Report 109–49. extra bureaucracy. Mr. TOM DAVIS of Virginia. Mr. AMENDMENT NO. 22 OFFERED BY MR. WALSH This simple title change is still criti- Chairman, I yield myself such time as Mr. WALSH. Mr. Chairman, I offer an cally important to the operation and I may consume. amendment. organization of the DOE. We all know I just want to say to my friends on The Acting CHAIRMAN. The Clerk how important titles are within our the Committee on Science that while will designate the amendment. Federal departments and agencies, and we continue to stand in opposition to The text of the amendment is as fol- this title change appropriately ac- the creation of new bureaucracy as a lows: knowledges the central importance of way to solve the problems, I think Amendment No. 22 offered by Mr. WALSH: science and technology to fulfilling the there may be some kind of middle SEC. 1452. NATIONAL PRIORITY PROJECT DES- Department’s varied missions. ground, as the gentleman has ad- IGNATION. (a) DEFINITIONS.—For purposes of this sec- That is why the person with the pri- dressed, and I pledge as we move for- mary responsibility for overseeing tion: ward to work with them to try to find (1) SECRETARY.—The term ‘‘Secretary’’ basic scientific research within the De- a solution to the issue they have iden- means the Secretary of Energy. partment should have at least the same tified with this Assistant Secretary for (2) DEPARTMENT.—The term ‘‘Department’’ title as his or her counterparts who are the Office of Science. means the Department of Energy. responsible for applied energy research Mr. Chairman, I yield 1 minute to the (b) DESIGNATION OF NATIONAL PRIORITY PROJECTS.— as their mission of the Department. gentleman from Texas (Mr. HALL). The second provision contained in Mr. HALL. Mr. Chairman, we are in (1) IN GENERAL.—There is hereby estab- section 978(b) creates an additional As- lished the National Priority Project designa- favor of the amendment, of course, and tion, which shall be evidenced by a medal sistant Secretary at the Department I just want to point out that the Davis- and expresses the sense of Congress bearing the inscription ‘‘National Priority Waxman amendment strikes section Project’’. The medal shall be of such design that the leadership for departmental 978, which I will have the opportunity and materials and bear such additional in- missions in nuclear energy should be at maybe at a later time to go into in scriptions as the President may prescribe. the Assistant Secretary level. more depth, but it strikes out ‘‘im- (2) MAKING AND PRESENTATION OF DESIGNA- I would really like to thank the gen- proved coordination and management TION.— tleman from Virginia (Mr. TOM DAVIS) of civilian science and technology pro- (A) IN GENERAL.—The President, on the for clarification of his position and his basis of recommendations made by the Sec- grams’’ which would create two new willingness to work to find an accept- retary, shall annually designate organiza- Senate-confirmed Assistant Secretary able compromise, and also for the gen- tions, if any, that have— positions within the Department of En- (i) advanced the field of renewable energy tleman from Texas (Chairman BARTON) ergy, increasing the total number of technology and contribute to North Amer- for his commitment to revisit this Senate-confirmed Assistant Secre- ican energy independence; and issue. taries in the Department to eight. The (ii) a project that has been certified by the Mr. BOEHLERT. Mr. Chairman, will Secretary under subsection (c). the gentlewoman yield? proposed positions include one for science and one for nuclear energy. (B) PRESENTATION.—The President shall Mrs. BIGGERT. I yield to the gen- designate projects with such ceremonies as tleman from New York, the Chairman Now, some of the talking points for the President may prescribe. of the Committee on Science. this are, among others, there are a (C) USE OF DESIGNATION.—An organization Mr. BOEHLERT. Mr. Chairman, I rise good many reasons to talk for this De- that receives a designation under this sec- in opposition to the amendment. Just partment. The Department has signifi- tion may publicize its designation as a Na- let me talk about the part that con- cant management challenges. It is not tional Priority Project in its advertising. cerns me the most, which affects the the solution to add two more Senate- (D) CATEGORIES IN WHICH THE DESIGNATION MAY BE GIVEN.—Separate designations shall Director of the Office of Science. confirmed Assistant Secretaries to fur- ther bog down the situation. The be made to qualifying projects in each of the As I understand it, the concern about following categories: the bill is that it would create a new Davis-Waxman amendment appro- (i) Renewable energy generation projects. Senate-confirmed position in the De- priately recognizes we do not need (ii) Energy efficient and renewable energy partment, but the Director of the Of- more Senate-confirmed Assistant Sec- building projects. fice of Science is already treated like retaries. (c) APPLICATION AND CERTIFICATION.— an Assistant Secretary in all but name. Mr. WAXMAN. Mr. Chairman, I yield (1) SELECTION CRITERIA.—Certification and He, or at points in the past she, is Sen- myself such time as I may consume. selection of the projects to receive the des- ignation shall be based on the following cri- ate-confirmed. The office holder is paid In closing, I want to urge support for the amendment and also express to the teria: at the same level as an Assistant Sec- (A) FOR ALL PROJECTS.—The project dem- retary. gentleman from New York (Mr. BOEH- onstrates that it will install no less than 30 In fact, everything about the Direc- LERT), for whom I have the highest re- megawatts of renewable energy generation tor slot is identical to being an Assist- gard, that I would like to work with capacity. ant Secretary except the name, and in him, along with the gentleman from (B) FOR ENERGY EFFICIENT BUILDING AND RE- protocol-driven Washington and in cap- Virginia (Mr. TOM DAVIS), to find a NEWABLE ENERGY PROJECTS.—In addition to itals abroad, that can create confusion middle ground and to resolve any con- meeting the criteria established in subpara- graph (A), building projects shall— and be a problem. cerns that he has. I was unaware of his concerns, but I certainly would want to (i) comply with nationally recognized So I hope that when the Senate standards for high-performance, sustainable comes back with this same provision, take them into serious consideration. buildings; as I expect they will, we will be able to Mr. Chairman, I urge an ‘‘aye’’ vote (ii) utilize whole-building integration of work it out based on the facts. for the amendment. energy efficiency and environmental per- All we are trying to do here is make Mr. Chairman, I yield back the bal- formance design and technology, including sure the Office of Science, the leading ance of my time. advanced building controls; funder of physical science research, has The Acting CHAIRMAN. All time has (iii) utilize renewable energy for at least 50 the stature it needs to do its job even expired. percent of its energy consumption; better. This elevation will not create The Chair thanks the gentlewoman (iv) comply with applicable Energy Star standards; and from Illinois (Mrs. BIGGERT) for her un- any more hierarchy at the Department (v) include at least 5,000,000 square feet of of Energy, and it will not cost any ad- derstanding and the gentleman from enclosed space. ditional money. California (Mr. WAXMAN) and the gen- (2) APPLICATION.— Mr. Chairman, I thank the gentleman tleman from Virginia (Mr. TOM DAVIS) (A) INITIAL APPLICATIONS.—No later than 4 for his cooperation. for their accommodation. months after the date of enactment of this

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2410 CONGRESSIONAL RECORD — HOUSE April 21, 2005 Act, and annually thereafter, the Secretary projects would receive a medal com- standards for high performance, sus- shall publish in the Federal Register an invi- memorating the designation. Winning tainable buildings; two, utilize whole- tation and guidelines for submitting applica- projects could also use the National building integration of energy effi- tions, consistent with the provisions of this Priority Project designation in their ciency and environmental performance section. design and technology, including ad- (B) CONTENTS.—The application shall de- advertising. scribe the project, or planned project, and its The amendment would establish two vanced building controls. plans to meet the criteria listed in paragraph categories of projects, pure renewable They go on to say, also could utilize (1). energy generation of 30 megawatts or renewable energy for at least 50 per- (3) CERTIFICATION.—Not later than 60 days more; and integration of at least 30 cent of its energy consumption, comply after the application period described in megawatts of renewable energy genera- with applicable Energy Star standards, paragraph (2), the Secretary shall certify tion with large, energy-efficient build- and include at least 5 million square projects that are reasonably expected to ings. feet of enclosed space. meet the criteria described in paragraph (1). Mr. Chairman, I support enactment For the initial applications, it goes The Acting CHAIRMAN. Pursuant to of this important energy legislation, on to point out that no later than 4 House Resolution 219, the gentleman and I urge my colleagues to include months after the date of this enact- from New York (Mr. WALSH) and a this amendment therein. ment, and annually thereafter, the Sec- Member opposed each will control 5 Mr. Chairman, I reserve the balance retary would publish in the Federal minutes. of my time. Register an invitation and guidelines The Chair recognizes the gentleman Mr. HALL. Mr. Chairman, I ask for it. from New York (Mr. WALSH). unanimous consent to claim the time Under contents and certification, it Mr. WALSH. Mr. Chairman, I yield in opposition to the amendment, reads: the application shall describe myself such time as I may consume. though I will speak in favor of the the project, or planned project, and its Mr. Chairman, H.R. 6 recognizes the amendment. plans to meet criteria listed in para- key role of renewable energy and en- The Acting CHAIRMAN (Mr. PUT- graph (1), and they certify it not later ergy conservation as part of a bal- NAM). Without objection, the gen- than 60 days after the application pe- anced, comprehensive energy policy. tleman from Texas (Mr. HALL) is recog- riod described in paragraph (2), the The National Priority Project Des- nized for 5 minutes. Secretary shall certify projects that ignation Act, which is this amendment, There was no objection. are reasonably expected to meet the would complement the provisions al- Mr. HALL. Mr. Chairman, I yield my- criteria prescribed in this paragraph. ready included in H.R. 6 by creating an self such time as I may consume. For these reasons, we support this additional incentive for renewable en- Mr. Chairman, we think this is a amendment and urge its passage. ergy deployment and energy conserva- good amendment, and I think it is Mr. WALSH. Mr. Chairman, I yield tion at virtually no cost to the Federal enough to go down through the myself the balance of my time; and, in Government. projects that he outlined. In general, it conclusion, I would just like to say The National Priority Project Des- says it hereby establishes the National that any national energy policy should ignation would not only recognize the Priority Project designation, which be heavily invested in energy conserva- winning projects, it would also educate shall be evidenced by a medal bearing tion. That is what this amendment at- the public and the business community the inscription National Priority tempts to do, with little cost to the about the potential of renewable en- Project. And this medal would be of taxpayer and to the government. ergy to contribute to North American such design and materials and bear I want to thank the gentleman from energy independence. The designation such additional inscriptions as the Texas (Mr. HALL) and the gentleman would draw attention to large renew- President might prescribe. from Texas (Mr. BARTON) for the hard able energy projects, such as large The President, on the basis of a rec- work they have done on this bill and wind farms that provide hundreds of ommendation made by the Secretary, for asking that the amendment be in- megawatts of electricity generation ca- can annually designate organizations, cluded. Mr. Chairman, I yield back the bal- pacity. if any, that have, one, advanced the ance of my time. field of renewable energy technology The designation would also encour- The Acting CHAIRMAN. The ques- and contributed to North American en- age large building developments to ex- tion is on the amendment offered by ergy independence; and a project that pand on planned renewable energy and the gentleman from New York (Mr. energy efficient features to add scale has been certified by the Secretary WALSH). and deploy emerging technologies. This under subsection (c). The President The amendment was agreed to. is a free-market, extremely low-cost shall designate projects with such cere- The Acting CHAIRMAN. It is now in way to encourage investment and inno- monies as the President may prescribe. order to consider amendment No. 23 vation in renewable energy and energy It goes on to state, an organization printed in House Report 109–49. conservation. that receives the designation under AMENDMENT NO. 23 OFFERED BY MR. ENGEL this section may publicize this designa- b 1130 Mr. ENGEL. Mr. Chairman, I offer an tion as a National Priority Project in amendment. In summary, the amendment, which its advertising. Separate designations The Acting CHAIRMAN. The Clerk is modeled after the Malcolm Baldrige also could be made to qualifying will designate the amendment. Quality Award Act, would recognize projects in each of the following cat- The text of the amendment is as fol- and highlight major green building and egories: the first one is renewable en- lows: renewable energy projects. The legisla- ergy generation, and the second is en- Amendment No. 23 offered by Mr. ENGEL: tion would direct the Secretary of En- ergy-efficient and renewable energy In section 1512, in the section heading, ergy to establish guidelines for those building projects. strike ‘‘CELLULOSIC BIOMASS AND interested in the designation to submit Under selection criteria, and it is WASTE-DERIVED ETHANOL CONVERSION applications for an annual award proc- pointed out absolutely from the very ASSISTANCE’’ insert ‘‘CONVERSION AS- ess. The amendment establishes an beginning, where this is made clear, SISTANCE FOR CELLULOSIC BIOMASS, open competitive process with min- that certification and selection of the WASTE-DERIVED ETHANOL, APPROVED RENEWABLE FUELS’’. imum qualifying criteria. The Sec- projects to receive the designation In section 1512, in the proposed subsection retary of Energy would certify those have to be based on criteria, and they (r), in the subsection heading, strike ‘‘CEL- projects that meet minimum criteria. set that out, that is, that the project LULOSIC BIOMASS AND WASTE-DERIVED ETH- The President would then, in consulta- demonstrates that it will install no ANOL CONVERSION ASSISTANCE’’ and insert tion with the Secretary of Energy, se- less than 30 megawatts of renewable ‘‘CONVERSION ASSISTANCE FOR CELLULOSIC lect projects that advance the field of energy generation capacity. BIOMASS, WASTE-DERIVED ETHANOL, AP- PROVED RENEWABLE FUELS’’. renewable energy technology and con- It states further that, in addition to In section 1512, in the proposed subsection tribute to North American energy inde- meeting the criteria established in sub- (r)(1), strike ‘‘waste-derived ethanol’’ and in- pendence to receive the National Pri- paragraph (A), building projects shall, sert ‘‘, waste-derived ethanol, and approved ority Project designation. Winning one, comply with nationally recognized renewable fuels’’.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2411 In section 1512, in the proposed subsection imports. DOE also found P-Series to in hydro projects. These critical facili- (r)(1), insert ‘‘or approved renewable fuels’’ have environmental benefits because of ties are too often strangled by unsound after ‘‘production of ethanol’’ . the reduction in hydrocarbon and CO and unproven mandates that choke hy- In section 1512, in the proposed subsection emissions, toxics, and greenhouse droelectric production. (r)(2)(B), insert ‘‘or renewable’’ after ‘‘uses cellulosic’’ . gases. P-Series fuel addresses three In the next 15 years, hydroelectric fa- In section 1512, in the proposed subsection problems: the need for nonpetroleum cilities that serve over 30 million (r), insert after paragraph (3) the following energy sources, solid waste manage- homes must undergo relicensing. The new paragraph: ment, and affordability. relicensing process must be modified ‘‘(4) DEFINITIONS.—For the purposes of this A pilot plan for this technology is op- before our Nation’s hydropower re- subsection: erating in South Glens Falls, New sources lose the ability to provide ‘‘(A) The term ‘approved renewable fuels’ York. It was constructed with funds in- clean, emission-free energy to Amer- are fuels and components of fuels that have vested by the U.S. Department of En- ica’s energy consumers. The fact that been approved by the Department of Energy, as defined in section 301 of the Energy Policy ergy. Associated Technology was devel- Federal resource agencies mandate re- Act of 1992 (42 U.S.C. 13211)), which have been oped at the U.S. Department of Ener- strictive conditions on the operations made from renewable biomass. gy’s Pacific Northwest National Lab- of hydropower projects, without com- ‘‘(B) The term ‘renewable biomass’ is, as oratory. This conversion process is well prehensive analysis of their impacts or defined in Presidential Executive Order regarded and is deserving of the same an independent review of these condi- 13134, published in the Federal Register on level of assistance that are intended for tions, is unacceptable. August 16, 1999, any organic matter that is ethanol conversion technologies. It Regulation of the hydro industry is available on a renewable or recurring basis won the President’s Green Chemistry plagued by uncertainty, duplication, (excluding old-growth timber), including dedicated energy crops and trees, agricul- Challenge, a competition sponsored by and contradiction. Further, the licens- tural food and feed crop residues, acquatic the U.S. EPA’s Office of Pollution Pre- ing process for hydroelectricity is cum- plants, animal wastes, wood and wood resi- vention and Toxics. bersome, confusing, and costly, with no dues, paper and paper residues, and other The U.S. Government spent consider- one party acting as a final arbiter of vegetative waste materials. Old-growth tim- able time and effort to develop this the competing interests involved in the ber means timber of a forest from the late technology. Expanding the renewable project. successional stage of forest development. ’’. fuels eligible under the grant program This language will result in greater The Acting CHAIRMAN. Pursuant to will be a win for all. Mr. Chairman, I interaction between the resource agen- House Resolution 219, the gentleman know of no opposition to this amend- cies and licensees, great flexibility in from New York (Mr. ENGEL) and a ment. I urge my colleagues to approve the development of environmental Member opposed each will control 5 this simple amendment to H.R. 6. measures, and create an increased effi- minutes. Mr. Chairman, I reserve the balance ciency in the way we produce safe hy- The Chair recognizes the gentleman of my time. droelectric energy. from New York (Mr. ENGEL). Mr. HALL. Mr. Chairman, I seek the I want to thank our chairman, the Mr. ENGEL. Mr. Chairman, I yield time in opposition to the amendment; gentleman from Texas (Mr. BARTON), myself such time as I may consume, and I yield 3 minutes to the gentleman for including this provision in the bill. and I rise to offer a perfecting amend- from California (Mr. RADANOVICH). It will greatly benefit our Nation, and ment to a good grant proposal offered Mr. RADANOVICH. Mr. Chairman, I for that reason I oppose the amend- in section 1512. do rise in opposition to this amend- ment before us. Under H.R. 6, the Secretary of En- ment. The Committee on Resources op- Mr. HALL. Mr. Chairman, I yield my- ergy may provide grants to merchant poses this amendment because of prob- self the balance of my time. producers of cellulosic biomass ethanol lems with a definition within the Mr. Chairman, as my colleague said a and waste-derived ethanol. My amend- amendment that will prohibit many moment ago, this amendment is laud- ment would simply allow producers of private landowners from participating able, and I admire the gentleman for other renewable fuels approved by the in this program. pushing it; but I have to say that, in Department of Energy to also apply for While the intent of this amendment reality, it is really special treatment these grants. is laudable, in reality it is nothing for one company, with one facility, in This amendment simply expands the more than an attempt to grant special one State. Pure Energy Corporation is types of renewable fuels eligible for treatment to one company, with one the only company I know of in the funding under the grant program in facility, in one State. United States to have a patent for H.R. 6. There is no change in cost to This also does remind me of an im- technology that can convert urban the grant program or H.R. 6 under my portant issue in a different part of the waste into a DOE-recognized fuel amendment. bill that is not part of this amendment, called a P-Series fuel. This amendment Currently, there is no available tech- and that is title II, which contains a would grant enormous latitude for the nology that can convert much of the crucial provision that will benefit our application for this one technology to urban waste into ethanol; yet there is Nation regarding hydropower reli- benefit this one company, and it is at least one such technology that can censing. Hydropower is a reliable, se- really not a matter of national policy. convert urban waste into components cure, and clean source of power. Be- Further, the company in question for another DOE-recognized alternative cause it generates electricity through also receives funding and grants from fuel called P-Series fuels. an electrochemical reaction instead of the DOE in support of this technology. P-Series is a family of renewable simple combustion, hydroelectricity This is the type of action that govern- nonpetroleum liquid fuels that can sub- helps reduce air pollution and green- ment agencies are designed and dele- stitute for gasoline. P-Series fuels were house gas emissions linked to global gated to do, to spot promising tech- officially designated as an alternative warming. nologies and financially assist their de- fuel by the U.S. Department of Energy Hydropower is also America’s leading velopment, and they are doing that. in 1999. Forty-five percent of P-Series renewable energy source, accounting Government agencies are a lot better fuels are made from ethanol; the rest is for well over 80 percent of our renew- suited to determine the value of bur- made up of MTHF, natural gas liquids able electricity. Hydropower can be geoning technologies in their respec- and butane. Both the ethanol and harnessed to generate electricity for tive fields than Congress would be, and MTHR are derived from renewable do- homes, industry, and offices, leaving we should leave these decisions to the mestic feedstocks, such as corn, waste- little more than steam as a by-product. experts. paper, cellulosic biomass, agricultural The hydrorelicensing provision in I might go on further and say that waste, and wood waste from construc- title II stimulates hydroelectric energy this amendment essentially provides tion. growth by improving the relicensing for the expansion of national policy for Since P-Series fuels are not derived process between Federal resource agen- the benefit of one type of fuel, the P- from petroleum, the DOE concluded cies and their licensees. It does so by Series fuel, and the one technology that P-Series fuels would efficiently striking a balance between environ- that can produce it. The production and effectively help replace petroleum mental concerns and energy production quantities of the fuel are so minimal

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2412 CONGRESSIONAL RECORD — HOUSE April 21, 2005 that it is unlikely to have any part of The Acting CHAIRMAN (Mr. PUT- their owner, where they know the an impact on a national scale. And, fi- NAM). The question is on the amend- prices; but those days are in the past. nally, there are only two vehicle manu- ment offered by the gentleman from Now their local facility is controlled facturers that currently produce flexi- New York (Mr. ENGEL). by a giant corporation which has gob- ble fuel vehicles that have engines that The question was taken; and the Act- bled up their local facility. And lower are compatible to this type of fuel. ing Chairman announced that the noes prices on the street corner have also The consumer market for this prod- appeared to have it. become a thing of the past. uct is extremely limited. With high gas Mr. ENGEL. Mr. Chairman, I demand In 2002, the Senate Committee on prices, this type of fuel is not cost com- a recorded vote. Government Reform Permanent Sub- petitive and is even more expensive The Acting CHAIRMAN. Pursuant to committee on Investigations studied than regular fuel. clause 6 of rule XVIII, further pro- consolidation of fuel refineries. The ceedings on the amendment offered by b 1145 subcommittee’s findings are now over 3 the gentleman from New York (Mr. years old, and are alarming in their For this reason it does not please me ENGEL) will be postponed. prescience. As the report indicated, to oppose a Member of Congress who is It is now in order to consider amend- corporate interests are dominating supporting his own and goes that extra ment No. 24 printed in House Report pricing, controlling the market and mile for his constituents that he rep- 109–49. pricing out privately owned retail out- resents, but I have to point out that ac- AMENDMENT NO. 24 OFFERED BY MR. ISRAEL lets. Corporations are earning windfall tually this will not have an impact on Mr. ISRAEL. Mr. Chairman, I offer profits while privately owned stations a national scale and is not a matter of an amendment. are struggling to keep afloat. national policy. The Acting CHAIRMAN. The Clerk The subcommittee did not focus on Mr. Chairman, I yield back the bal- will designate the amendment. wholesale and retail consolidation. ance of my time. The text of the amendment is as fol- This amendment would achieve that Mr. ENGEL. Mr. Chairman, I yield lows: goal and give us the data we need to myself such time as I may consume. Amendment No. 24 offered by Mr. ISRAEL: ensure that consumers are protected Let me say I am disappointed that At the end of title XVI, add the following from price inflation and our small busi- the majority does not agree that we new section: ness owners can compete in a fair mar- ought to really look at renewable fuels. SEC. 1614. CONSOLIDATION OF GASOLINE INDUS- ket. This, to me, is part of the reason why TRY. Mr. Chairman, I yield 30 seconds to the bill is so problematic. I do not be- (a) IN GENERAL.—The Comptroller General the gentleman from Ohio (Mr. lieve there is a commitment on the of the United States shall conduct a study of the consolidation of the refiners, importers, KUCINICH). majority side to look at renewable Mr. KUCINICH. Mr. Chairman, I rise fuels. producers, and wholesalers of gasoline with the sellers of such gasoline at retail. The in support of the Israel amendment. In This does not strike anything. This study shall include an analysis of the impact Cleveland, Ohio, my district, people do does not add any more money. This of such consolidation on— not understand why prices vary from just allows companies to apply for (1) the retail price of gasoline, street to street. They can drive around these grants from the Secretary of En- (2) small business ownership, and see a gas station will have $2.25 ergy. If the Secretary of Energy feels it (3) other corollary effects on the market and a couple blocks later it will be is not worthy or it is one company, economy of fuel distribution, $2.35. (4) local communities, and they can reject it. This does not add The gentleman’s study is so impor- anything. This just would show that we (5) other market impacts of such consolida- tion. tant because it will provide some in- are serious in looking at other renew- (b) SUBMISSION TO CONGRESS.—The Comp- sight into pricing, into how the market able fuels. Why would we want to re- troller General shall submit such study to is set up; and the small and inde- strict the amount of the different kinds the Congress not later than one year after pendent gas station owners who are of renewable fuels that we can look at? the date of the enactment of this Act. getting squeezed in the market are This is technology into the future. The Acting CHAIRMAN. Pursuant to going to have their cause elevated. We should be expanding these things. House Resolution 219, the gentleman Mr. HALL. Mr. Chairman, I yield my- Here we are just saying, Open it up and from New York (Mr. ISRAEL) and the self such time as I may consume. let other groups apply. They can be re- gentleman from Texas (Mr. HALL) each The amendment itself is brief. It is jected if it is not meritorious. We be- will control 5 minutes. titled Consolidation of the Gasoline In- lieve P-series fuels are very important The Chair recognizes the gentleman dustry, and says, ‘‘The Comptroller and can help us in the future to look at from New York (Mr. ISRAEL). General of the United States shall con- alternative sources of energy other Mr. ISRAEL. Mr. Chairman, I yield duct a study of the consolidation of the than gasoline. myself such time as I may consume. refiners, importers, producers, and I am deeply disappointed, and I think I rise for two reasons: First, to sup- wholesalers of gasoline with the sellers this again shows the problems with the port the right of America’s small, inde- of such gasoline at retail. The study underlying bill. The majority is not pendent gas and auto repair stations to shall include an analysis of the impact really serious in my opinion, with all a level playing field; and second, be- of such consolidation on: the retail due respect, in trying to find alter- cause we all know that a level playing price of gasoline; small business owner- native ways that Americans can get field ensures free and fair markets, ship; other corollary effects on the their energy from other than gasoline. competition and lower gas prices. market economy of fuel distribution; That is why this bill is a big sock to In recent years, we have seen a local communities; and other market the oil-producing companies and to the sweeping consolidation of the oil indus- impacts of such consolidation.’’ special interest industries, because try at almost every level, the manufac- Then at the very end it says, ‘‘The whenever we want to expand it to help turing level, wholesalers, refiners, and Comptroller General shall submit such the American people, we are told, no, retailers. One corporation can control study to the Congress not later than 1 no, it is no good. the prices at every single step, and year after the date of the enactment of Again, this does not add any money. that increases prices at the street cor- this act.’’ It could delay it as much as This just says let other people apply. If ner. a year. a Secretary of Energy deems these ap- My amendment is very straight- The hard, cold facts about this plications are not good, they can reject forward. It directs the Comptroller amendment are that the GAO released them. I can see no reason why there is General to study the effects of consoli- studies in July 2004 that were titled, opposition. dation on prices, on market economics, ‘‘Mergers and Other Factors That Af- I am very disappointed, and I urge and small business ownership. fect the U.S. Refining Industry,’’ which my colleagues on both sides of the aisle Most people who live in a community attempted to discover the cause behind to support this amendment. for a long time are accustomed to talk- higher gasoline prices. Mr. Chairman, I yield back the bal- ing about their local service station, This amendment essentially commis- ance of my time. where they know their mechanic and sions the GAO to create a report that

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2413 was already released last year. So by the gentleman from New Mexico Thompson (MS) Visclosky Weiner Tierney Wasserman Wexler there is real need for it. (Mr. UDALL); amendment No. 23 by the Towns Schultz Wilson (NM) There have been many criticisms of gentleman from New York (Mr. ENGEL); Udall (CO) Waters Woolsey the GAO report because of its inad- and amendment No. 24 by the gen- Udall (NM) Watson Wu equate methodology and faulty as- tleman from New York (Mr. ISRAEL). Van Hollen Watt Vela´ zquez Waxman sumptions. These critiques arose from AMENDMENT NO. 15 OFFERED BY MR. UDALL OF the Federal Trade Commission, a gov- NEW MEXICO NOES—225 ernment agency that has been studying The Acting CHAIRMAN. The pending Aderholt Gerlach Myrick and tracking gasoline price volatility Akin Gibbons Neugebauer business is the demand for a recorded Alexander Gillmor Ney as a result of mergers or anticompeti- vote on the amendment offered by the Bachus Gingrey Northup tive behavior. They found the GAO gentleman from New Mexico (Mr. Baker Gohmert Norwood Barrett (SC) Gonzalez Nunes study to be fundamentally flawed and UDALL) on which further proceedings the results as suspect. Bartlett (MD) Goode Nussle were postponed and on which the noes Barton (TX) Goodlatte Ortiz GAO has already tried to wade prevailed by voice vote. Bass Gordon Osborne through these issues of gasoline prices The Clerk will redesignate the Beauprez Granger Otter Berry Graves Oxley and wade through the issues of whole- amendment. sale markets, and they have shown it Biggert Gutknecht Pearce The Clerk redesignated the amend- Bilirakis Hall Pence does not have the expertise nor the ment. Bishop (UT) Hart Peterson (PA) breadth and depth of knowledge needed Blackburn Hastings (WA) Pickering to properly analyze this subject. RECORDED VOTE Blunt Hayes Pitts Boehner Hayworth The amendment would be commis- The Acting CHAIRMAN. A recorded Poe Bonilla Hensarling Pombo sioning a futile study and is a waste of vote has been demanded. Bonner Herger Porter time and resources. I urge a ‘‘no’’ vote A recorded vote was ordered. Bono Herseth Price (GA) Boozman Hinojosa Pryce (OH) on this amendment. The vote was taken by electronic de- Boren Hobson Mr. Chairman, I yield back the bal- vice, and there were—ayes 204, noes 225, Putnam Boucher Hoekstra Radanovich ance of my time. not voting 5, as follows: Boustany Holden Ramstad Bradley (NH) Hostettler Mr. ISRAEL. Mr. Chairman, I yield [Roll No. 124] Regula myself the balance of my time. Brady (TX) Hulshof Rehberg AYES—204 Brown (SC) Hunter Reichert The studies that the gentleman cites Brown-Waite, Hyde Abercrombie Flake Reyes Michaud Ginny Inglis (SC) did not take a look at the top-to-bot- Ackerman Ford Reynolds Millender- Burgess Issa tom consolidation of the oil industry. Allen Frank (MA) Rogers (AL) McDonald Burton (IN) Istook Andrews Gilchrest Rogers (KY) There have been a number of studies, Miller (NC) Buyer Jenkins Baca Green (WI) Rogers (MI) but each study has been conducted al- Miller, George Calvert Jindal Baird Green, Al Ros-Lehtinen Moore (KS) Camp Johnson (CT) most in a vacuum without considering Baldwin Green, Gene Ross Moore (WI) Cannon Johnson, Sam Barrow Grijalva Royce the entirety, the entire scope of this Moran (VA) Cantor Jones (NC) Bean Gutierrez Ryan (WI) problem, a problem that is putting Nadler Capito Kanjorski Becerra Harman Ryun (KS) Napolitano Carter Keller small, independent retailers out of Berkley Harris Schwarz (MI) Neal (MA) Chocola Kennedy (MN) business and driving up prices on every Berman Hastings (FL) Scott (GA) Oberstar Coble King (IA) Bishop (GA) Hefley Sessions street corner in America. Obey Cole (OK) King (NY) Bishop (NY) Higgins Shadegg We are not taking a position nec- Olver Conaway Kingston Blumenauer Hinchey Owens Cox Kline Shaw essarily on the issue. We are simply Boehlert Holt Pallone Cramer Knollenberg Sherwood saying it ought to be a responsibility of Boswell Honda Pascrell Crenshaw Kolbe Shimkus Boyd Hooley the Federal Government to investigate Pastor Cubin Kuhl (NY) Shuster Brady (PA) Hoyer this situation, to talk about the mar- Paul Cuellar LaHood Simpson Brown (OH) Inslee Payne Culberson Latham Smith (TX) ketplace. Brown, Corrine Israel Pelosi Cunningham LaTourette Sodrel Butterfield Jackson (IL) The other side speaks passionately Peterson (MN) Davis (KY) Lewis (CA) Souder Capps Jackson-Lee about free and fair markets and com- Petri Davis, Jo Ann Lewis (KY) Stearns Capuano (TX) Pomeroy Davis, Tom Linder Stupak petition. The purpose of free, fair and Cardin Jefferson Price (NC) Deal (GA) Lucas Sullivan competitive markets is to help drive Cardoza Johnson (IL) Rahall DeLay Lungren, Daniel Sweeney Carnahan Johnson, E. B. prices down. By opposing this amend- Rangel Dent E. Tancredo Carson Jones (OH) ment, we are protecting an industry Renzi Diaz-Balart, L. Mack Taylor (NC) Case Kaptur Rohrabacher Diaz-Balart, M. Manzullo Terry which is driving prices up. Castle Kennedy (RI) Rothman Doolittle Marchant Thomas Chabot Kildee I am deeply disappointed that the Roybal-Allard Doyle Marshall Thornberry Chandler Kilpatrick (MI) other side would take that position. I Ruppersberger Drake McCaul (TX) Tiahrt Clay Kind Rush Dreier McCotter Tiberi urge them to reconsider. Cleaver Kirk Ryan (OH) Duncan McCrery Turner Mr. Chairman, I yield back the bal- Clyburn Kucinich Sabo Edwards McHenry Upton Conyers Langevin ance of my time. Salazar Emerson McHugh Walden (OR) Cooper Lantos ´ The Acting CHAIRMAN. The ques- Sanchez, Linda English (PA) McKeon Walsh Costa Larsen (WA) T. Everett McMorris Wamp tion is on the amendment offered by Costello Larson (CT) Sanchez, Loretta Feeney Melancon Weldon (FL) the gentleman from New York (Mr. Crowley Leach Sanders Ferguson Mica Weldon (PA) Cummings Lee ISRAEL). Saxton Foley Miller (FL) Weller Davis (AL) Levin The question was taken; and the Act- Schakowsky Forbes Miller (MI) Westmoreland Davis (CA) Lewis (GA) Schiff Fortenberry Miller, Gary Whitfield ing Chairman announced that the noes Davis (FL) Lipinski Schwartz (PA) Fossella Mollohan Wicker Davis (IL) LoBiondo appeared to have it. Scott (VA) Foxx Moran (KS) Wilson (SC) Davis (TN) Lofgren, Zoe Mr. ISRAEL. Mr. Chairman, I de- Sensenbrenner Frelinghuysen Murphy Wolf DeFazio Lowey Serrano Gallegly Murtha Wynn mand a recorded vote. DeGette Lynch Shays Garrett (NJ) Musgrave Young (AK) The Acting CHAIRMAN. Pursuant to Delahunt Maloney Sherman clause 6 of rule XVIII, further pro- DeLauro Markey Simmons NOT VOTING—5 Dicks Matheson Skelton ceedings on the amendment offered by Franks (AZ) Platts Young (FL) Dingell Matsui Slaughter Kelly Portman the gentleman from New York (Mr. Doggett McCarthy Smith (NJ) ISRAEL) will be postponed. Ehlers McCollum (MN) Smith (WA) 1222 SEQUENTIAL VOTES POSTPONED IN COMMITTEE Emanuel McDermott Snyder b Engel McGovern Solis OF THE WHOLE Eshoo McIntyre Spratt Mr. BRADY of Texas changed his The Acting CHAIRMAN. Pursuant to Etheridge McKinney Stark vote from ‘‘aye’’ to ‘‘no.’’ clause 6 of rule XVIII, proceedings will Evans McNulty Strickland Messrs. CHABOT, CASE, HEFLEY, now resume on those amendments on Farr Meehan Tanner BISHOP of Georgia, DAVIS of Florida, Fattah Meek (FL) Tauscher which proceedings were postponed in Filner Meeks (NY) Taylor (MS) and GILCHREST changed their vote the following order: amendment No. 15 Fitzpatrick (PA) Menendez Thompson (CA) from ‘‘no’’ to ‘‘aye.’’

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2414 CONGRESSIONAL RECORD — HOUSE April 21, 2005 So the amendment was rejected. Saxton Stark Wasserman AMENDMENT NO. 24 OFFERED BY MR. ISRAEL Schakowsky Sweeney Schultz The result of the vote was announced The Acting CHAIRMAN (Mr. PUT- Schiff Tanner Waters as above recorded. Schwartz (PA) Tauscher Watson NAM). The pending business is the de- AMENDMENT NO. 23 OFFERED BY MR. ENGEL Scott (VA) Taylor (MS) Watt mand for a recorded vote on the Serrano Thompson (CA) Waxman amendment offered by the gentleman The Acting CHAIRMAN (Mr. PUT- Shays Thompson (MS) Weiner from New York (Mr. ISRAEL) on which NAM). The pending business is the de- Sherman Tierney Weldon (FL) Simmons Towns mand for a recorded vote on the Weldon (PA) further proceedings were postponed and Skelton Udall (CO) Wexler on which the noes prevailed by voice amendment offered by the gentleman Slaughter Udall (NM) Wicker from New York (Mr. ENGEL) on which Smith (NJ) Van Hollen vote. further proceedings were postponed and Smith (WA) Vela´ zquez Woolsey The Clerk will redesignate the Snyder Visclosky Wu amendment. on which the noes prevailed by voice Wynn Solis Walsh The Clerk redesignated the amend- vote. Spratt Wamp The Clerk will redesignate the ment. NOES—190 amendment. RECORDED VOTE Aderholt Gibbons Nussle The Acting CHAIRMAN. A recorded The Clerk redesignated the amend- Akin Gillmor Osborne ment. Alexander Gingrey Otter vote has been demanded. RECORDED VOTE Bachus Goode Oxley A recorded vote was ordered. Baker Goodlatte Paul The Acting CHAIRMAN. A recorded The vote was taken by electronic de- Barrett (SC) Granger Pearce vice, and there were—ayes 302, noes 128, vote has been demanded. Barton (TX) Green (WI) Pence A recorded vote was ordered. Bass Green, Gene Peterson (PA) not voting 4, as follows: Beauprez Gutknecht Petri [Roll No. 126] The vote was taken by electronic de- Biggert Hall Pickering AYES—302 vice, and there were—ayes 239, noes 190, Bilirakis Hart Pitts not voting 5, as follows: Bishop (GA) Hastings (WA) Poe Abercrombie Doggett Kildee Bishop (UT) Hayes Ackerman Doyle Kilpatrick (MI) [Roll No. 125] Pombo Blackburn Hayworth Pomeroy Aderholt Drake Kind AYES—239 Blunt Hefley Porter Allen Edwards King (NY) Boehner Hensarling Andrews Ehlers Abercrombie Etheridge Maloney Price (GA) Kingston Bonilla Herger Baca Emanuel Ackerman Evans Markey Pryce (OH) Kirk Bonner Hobson Baldwin Emerson Allen Farr Matheson Putnam Kolbe Boozman Hostettler Barrow Engel Andrews Fattah Matsui Radanovich Kucinich Boustany Hulshof Bartlett (MD) English (PA) Baca Ferguson McCarthy Rehberg LaHood Boyd Hunter Bass Eshoo Baird Filner McCaul (TX) Reichert Langevin Bradley (NH) Hyde Bean Etheridge Baldwin Fitzpatrick (PA) McCollum (MN) Renzi Lantos Brady (TX) Inglis (SC) Becerra Evans Barrow Ford McCotter Rogers (AL) Larsen (WA) Brown (SC) Istook Berkley Everett Bartlett (MD) Fossella McDermott Rogers (KY) Larson (CT) Burgess Jenkins Berman Farr Bean Frank (MA) McGovern Rohrabacher LaTourette Burton (IN) Jindal Berry Fattah Becerra Frelinghuysen McHugh Ros-Lehtinen Leach Buyer Johnson (IL) Bilirakis Filner Berkley Gerlach McIntyre Royce Lee Calvert Johnson, Sam Bishop (GA) Fitzpatrick (PA) Berman Gilchrest McKinney Ryan (WI) Levin Camp Jones (NC) Bishop (NY) Forbes Berry Gohmert McNulty Ryun (KS) Lewis (GA) Cantor Keller Blumenauer Ford Bishop (NY) Gonzalez Meehan Schwarz (MI) Lewis (KY) Carter Kennedy (MN) Boehlert Fortenberry Blumenauer Gordon Meek (FL) Scott (GA) Lipinski Chabot King (IA) Bonner Fossella Boehlert Graves Meeks (NY) Sensenbrenner LoBiondo Chocola Kingston Bono Frank (MA) Bono Green, Al Melancon Sessions Lofgren, Zoe Coble Kline Boswell Gerlach Boren Grijalva Menendez Shadegg Lowey Cole (OK) Knollenberg Boucher Gibbons Boswell Gutierrez Michaud Shaw Lungren, Daniel Conaway Kolbe Boyd Gilchrest Boucher Harman Millender- Sherwood E. Costa Kuhl (NY) Bradley (NH) Gingrey Brady (PA) Harris McDonald Shimkus Lynch Cox Latham Brady (PA) Gonzalez Maloney Brown (OH) Hastings (FL) Miller (FL) Shuster Crenshaw Leach Brown (OH) Goode Manzullo Brown, Corrine Herseth Miller (NC) Simpson Cubin Lewis (CA) Brown, Corrine Goodlatte Markey Brown-Waite, Higgins Miller, George Smith (TX) Culberson Lewis (KY) Brown-Waite, Gordon Marshall Ginny Hinchey Mollohan Sodrel Davis (KY) Linder Ginny Green (WI) Matheson Butterfield Hinojosa Moore (KS) Souder Davis, Jo Ann Lucas Butterfield Green, Al Matsui Capito Hoekstra Moore (WI) Stearns Davis, Tom Lungren, Daniel Camp Green, Gene McCarthy Capps Holden Moran (VA) Strickland Deal (GA) E. Capito Grijalva McCollum (MN) Capuano Holt Murtha Stupak DeLay Mack Capps Gutierrez McCotter Cardin Honda Nadler Sullivan Dent Manzullo Capuano Gutknecht McDermott Cardoza Hooley Napolitano Tancredo Diaz-Balart, L. Marchant Cardin Harman Carnahan Hoyer Neal (MA) McGovern Diaz-Balart, M. Marshall Taylor (NC) Cardoza Harris Carson Inslee Ney McHugh Doolittle McCrery Terry Carnahan Hastings (FL) Case Israel Oberstar McIntyre Drake McHenry Thomas Carson Hayworth Castle Issa Obey McKinney Dreier McKeon Thornberry Case Herseth Chandler Jackson (IL) Olver McNulty Duncan McMorris Tiahrt Castle Higgins Clay Jackson-Lee Ortiz Meehan Ehlers Mica Tiberi Chabot Hinchey Cleaver (TX) Owens Meek (FL) Emerson Miller (MI) Turner Chandler Hinojosa Clyburn Jefferson Pallone Meeks (NY) Everett Miller, Gary Upton Chocola Hobson Conyers Johnson (CT) Pascrell Melancon Feeney Moran (KS) Walden (OR) Clay Hoekstra Cooper Johnson, E. B. Pastor Menendez Flake Murphy Weller Cleaver Holden Costello Jones (OH) Payne Michaud Foley Musgrave Westmoreland Clyburn Holt Cramer Kanjorski Pelosi Millender- Forbes Myrick Whitfield Conyers Honda Crowley Kaptur Peterson (MN) McDonald Fortenberry Neugebauer Wilson (NM) Cooper Hooley Cuellar Kennedy (RI) Platts Miller (MI) Foxx Northup Wilson (SC) Costa Hostettler Cummings Kildee Price (NC) Miller (NC) Gallegly Norwood Wolf Costello Hoyer Cunningham Kilpatrick (MI) Rahall Miller, George Garrett (NJ) Nunes Young (AK) Cox Hulshof Davis (AL) Kind Ramstad Mollohan Cramer Hunter Davis (CA) King (NY) Rangel NOT VOTING—5 Moore (KS) Crowley Inslee Davis (FL) Kirk Regula Moore (WI) Cannon Kelly Young (FL) Cummings Israel Davis (IL) Kucinich Reyes Moran (KS) Franks (AZ) Portman Davis (AL) Issa Davis (TN) LaHood Reynolds Moran (VA) Davis (CA) Jackson (IL) DeFazio Langevin Rogers (MI) Murphy b 1241 Davis (FL) Jackson-Lee DeGette Lantos Ross Murtha Davis (IL) (TX) Delahunt Larsen (WA) Rothman Mr. ROYCE changed his vote from Nadler Davis (TN) Jefferson DeLauro Larson (CT) Roybal-Allard Napolitano ‘‘aye’’ to ‘‘no.’’ Davis, Jo Ann Johnson (CT) Dicks LaTourette Ruppersberger Neal (MA) Mrs. BONO, Messrs. MCHUGH, ISSA, Davis, Tom Johnson (IL) Dingell Lee Rush Ney DeFazio Johnson, E. B. Doggett Levin Ryan (OH) MILLER of Florida, and BOREN, and Northup DeGette Jones (NC) Doyle Lewis (GA) Sabo Mrs. CAPITO changed their vote from Oberstar Delahunt Jones (OH) Edwards Lipinski Salazar Obey ‘‘no’’ to ‘‘aye.’’ DeLauro Kanjorski Emanuel LoBiondo Sa´ nchez, Linda Olver So the amendment was agreed to. Dent Kaptur Engel Lofgren, Zoe T. Ortiz Dicks Kennedy (MN) English (PA) Lowey Sanchez, Loretta The result of the vote was announced Owens Dingell Kennedy (RI) Eshoo Lynch Sanders as above recorded. Pallone

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2415 Pascrell Sa´ nchez, Linda Tauscher limited to 30 minutes equally divided thorizes a National Academy of Pastor T. Taylor (MS) and controlled by Mrs. CAPPS and an Science study on the feasibility of mus- Payne Sanchez, Loretta Thompson (CA) Pelosi Sanders Thompson (MS) opponent. tard seed as a feedstock for biodiesel. Peterson (MN) Saxton Tiberi The Acting CHAIRMAN (Mr. PUT- Now, mustard seed has many advan- Peterson (PA) Schakowsky Tierney NAM). Is there objection to the request tages over other feedstocks, including Petri Schiff Towns Pickering Schwartz (PA) of the gentleman from Texas? higher oil content, it is easier to grow Turner in colder and drier climates of the U.S., Platts Schwarz (MI) Udall (CO) Mrs. CAPPS. Reserving the right to Pombo Scott (GA) Udall (NM) object, Mr. Chairman, it is my under- and the conversion process leaves be- Pomeroy Scott (VA) Upton hind an organic pesticide and herbi- Porter Sensenbrenner standing that the amendment will be Van Hollen Price (NC) Serrano recognized after the Grijalva amend- cide. Initial research studies by the Vela´ zquez Pryce (OH) Shaw University of Idaho and the National Visclosky ment and before the Inslee amendment; Putnam Shays Walden (OR) am I correct? Renewable Energy Laboratory have Rahall Sherman shown favorable results. Ramstad Sherwood Wasserman Mr. HALL. Mr. Chairman, will the Rangel Shimkus Schultz gentlewoman yield? Now, Mr. Chairman, mustard seed Regula Simmons Waters Mrs. CAPPS. I yield to the gen- has roots deep in all cultures, and it is Renzi Skelton Watson specifically mentioned in the Bible. I Watt tleman from Texas. Reyes Slaughter want to read you a passage from Mark Reynolds Smith (NJ) Waxman Mr. HALL. That is our under- Rogers (MI) Smith (WA) Weiner standing, Mr. Chairman. which will show the recognition of Rohrabacher Snyder Weldon (FL) mustard seed as a crop that deserves Weldon (PA) Mrs. CAPPS. Mr. Chairman, I with- Ross Solis draw my reservation of objection. recognition here. Rothman Spratt Wexler Mark, in the fourth chapter, talks Roybal-Allard Stark Wicker The Acting CHAIRMAN. Is there ob- Royce Stearns Wilson (NM) jection to the request of the gentleman about the Kingdom of Heaven, and Ruppersberger Strickland Wolf from Texas? says: ‘‘It is like a mustard seed, which Rush Stupak Woolsey There was no objection. when sewn in the Earth is less than all Ryan (OH) Sweeney Wu the seeds that be in the Earth. But Sabo Tancredo Wynn The Acting CHAIRMAN. It is now in Salazar Tanner Young (FL) order to consider amendment No. 25 when it is sewn, it groweth up and becometh greater than all the other NOES—128 printed in House Report 109–49. herbs and shooteth out great Akin Flake Musgrave AMENDMENT NO. 25 OFFERED BY MR. KUCINICH branches.’’ Alexander Foley Myrick Mr. KUCINICH. Mr. Chairman, I offer So something that was understood in Bachus Foxx Neugebauer an amendment. Baker Franks (AZ) Norwood the intelligence of the world thousands Barrett (SC) Frelinghuysen Nunes The Acting CHAIRMAN. The Clerk of years ago needs once again to be rec- Barton (TX) Gallegly Nussle will designate the amendment. ognized, because what we have here is Beauprez Garrett (NJ) Osborne The text of the amendment is as fol- Biggert Gillmor a crop that gives a great potential. And Otter lows: Bishop (UT) Gohmert Paul we know that farmers are key to elimi- Blackburn Granger Pearce Amendment No. 25 offered by Mr. KUCINICH: nating our dependency on foreign oil Blunt Graves Pence In title XVI, add at the end the following and that we can grow our way out of Boehner Hall Pitts new section (and amend the table of contents Bonilla Hart this energy crisis. That is one of the Poe accordingly): Boozman Hastings (WA) Price (GA) reasons I am offering this. SEC. 1614. FEASIBILITY STUDY OF MUSTARD Boren Hayes Radanovich Mark is not the only place where Boustany Hefley SEED BIODIESEL. Rehberg Brady (TX) Hensarling mustard seed is mentioned. We are told Reichert (a) STUDY.—The Secretary of Energy shall Brown (SC) Herger that if we have faith as a grain of mus- Rogers (AL) enter into an arrangement with the National Burgess Hyde Rogers (KY) Academy of Sciences for a study to deter- tard seed, we can move mountains. Burton (IN) Inglis (SC) Ros-Lehtinen mine the feasibility of using of mustard seed Well, this is an opportunity for us to Buyer Istook Calvert Jenkins Ryan (WI) as a feedstock for biodiesel. show not only faith in the good will of Cannon Jindal Ryun (KS) (b) CONTENTS.—The study shall include this House to help America take an im- Cantor Johnson, Sam Sessions comparisons to other biodiesel feedstocks Shadegg portant step towards sustainable en- Carter Keller using the following criteria: ergy, but also faith in alternative en- Coble King (IA) Shuster (1) Economics from crop production to bio- Cole (OK) Kline Simpson ergy and faith in our own Nation. I Smith (TX) diesel in the typical percentage blends. Conaway Knollenberg (2) Adaptability to various geographic and think that we can take this oppor- Crenshaw Kuhl (NY) Sodrel tunity to give farmers a chance for Cubin Latham Souder agricultural regions in the United States. Cuellar Lewis (CA) Sullivan (3) Percentage and quality of oil content. growing options for biomass feed- Culberson Linder Taylor (NC) (4) Cetene ratings, viscosity ratings, emis- stocks. It is imperative that we find Cunningham Lucas Terry sions for the typical percentage blends. those feedstocks that will eliminate Thomas Davis (KY) Mack (5) Potential to enhance oil, pesticide and our dependency on foreign oil as soon Deal (GA) Marchant Thornberry herbicide qualities. Tiahrt as possible. DeLay McCaul (TX) (6) Process technologies to convert into Diaz-Balart, L. McCrery Walsh So, again, to the chairman, this is a biodiesel. Diaz-Balart, M. McHenry Wamp noncontroversial amendment. It would Doolittle McKeon Weller (7) Usefulness of byproducts from the con- Dreier McMorris Westmoreland version process. authorize the National Academy of Duncan Mica Whitfield (8) Other criteria the National Academy of Sciences to study the feasibility of Feeney Miller (FL) Wilson (SC) Sciences considers pertinent. mustard seed as a feedstock, and I Ferguson Miller, Gary Young (AK) (c) REPORT TO CONGRESS.—Not later than 1 would certainly appreciate the support NOT VOTING—4 year after the date of enactment of this Act, of the committee and of the House. Baird Oxley the National Academy of Sciences shall Mr. Chairman, I reserve the balance Kelly Portman transmit results of the study to Congress, of my time. the Secretary of Energy, and the Secretary b 1333 Mr. HALL. Mr. Chairman, I ask of Agriculture, including any findings and unanimous consent to take the time in recommendations. Ms. HARRIS and Messrs. PORTER, opposition, though we do not oppose PUTNAM and SHIMKUS changed their The Acting CHAIRMAN. Pursuant to the amendment. vote from ‘‘no’’ to ‘‘aye.’’ House Resolution 219, the gentleman The Acting CHAIRMAN (Mr. SIMP- So the amendment was agreed to. from Ohio (Mr. KUCINICH) and a Mem- SON). Without objection, the gentleman The result of the vote was announced ber opposed each will control 5 min- from Texas will be recognized for 5 as above recorded. utes. minutes. LIMITATION OF DEBATE ON MOTION TO STRIKE The Chair recognizes the gentleman There was no objection. OFFERED BY MRS. CAPPS from Ohio (Mr. KUCINICH). Mr. HALL. Mr. Chairman, I yield my- Mr. HALL. Mr. Chairman, I ask Mr. KUCINICH. Mr. Chairman, I yield self such time as I may consume. unanimous consent that debate on the myself such time as I may consume. Mr. Chairman, the use of mustard motion to strike offered by the gentle- Mr. Chairman, this is a non- seed as a feedstock for biodiesel will in- woman from California (Mrs. CAPPS) be controversial amendment which au- crease the United States’ portfolio of

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2416 CONGRESSIONAL RECORD — HOUSE April 21, 2005 energy fuel resources. And just to be Suppose you are driving to work. ties and then through communities, so terribly brief, this amendment would Today, you can listen to the radio and we feel it will be helpful. We are only authorize a study on the benefits get some traffic information. You can pleased with the amendment, support and the compatibility of mustard seed use that, occasionally, to avoid delays. it, and urge its passage. oil in the Nation’s energy supply. It is But what if you had something in your Mr. Chairman, I yield back the bal- a complementary amendment to an en- car that was giving you real-time in- ance of my time. ergy bill that is full of initiatives in- formation that would say, turn right Mr. HOLT. Mr. Chairman, how much tent on expanding the Nation’s energy now and save 10 minutes, and you could time remains? supply and security. use that every day? You would save The Acting CHAIRMAN. The gen- Mr. Chairman, I am for anything time, fuel, and money. Multiply that tleman from New Jersey has 2 minutes that is going to help and further along by the millions of people commuting remaining. this energy bill, even anything as small doing the same thing, and it adds up to Mr. HOLT. Mr. Chairman, I yield 2 as a mustard seed. We accept it. a real difference in our fuel use. minutes to the gentleman from Oregon Mr. KUCINICH. Mr. Chairman, I yield I mean, how many times have you (Mr. BLUMENAUER). back the balance of my time. driven around the block looking for a Mr. BLUMENAUER. Mr. Chairman, I The Acting CHAIRMAN. The ques- place to park? Suppose you had a sys- appreciate the gentleman’s courtesy in tion is on the amendment offered by tem in your car that told you where yielding me this time and permitting the gentleman from Ohio (Mr. the open parking spots are and how to me to speak on this and for his bring- KUCINICH). get there? ing this forward. It is an example of The question was taken; and the Act- Mr. Chairman, this is not Buck Rog- where we can take steps forward to ing Chairman announced that the ayes ers stuff. This is not so far fetched. In- deal with how we put the pieces to- appeared to have it. formation technology is cheap. The gether in terms of transportation. Mr. HALL. Mr. Chairman, I demand a electronic systems are inexpensive and Intelligent transportation has tre- recorded vote. easy to install, but we have not really mendous potential for energy savings, The Acting CHAIRMAN. Pursuant to looked at them systematically. So to put money back in the pockets of clause 6 of rule XVIII, further pro- where my legislation talks about Web- taxpayers and consumers around the ceedings on the amendment offered by based real-time transit information country; and it is an example that we the gentleman from Ohio (Mr. systems, or congestion information do not have to make this equation KUCINICH) will be postponed. systems, or carpool information sys- quite as hard as we tend to on the floor It is now in order to consider amend- tems, do not think of them as systems; of the House. This, I hope, is going to ment No. 26 printed in House Report think of them as saving time so you lead to a broader sense of application 109–49. can get home to read a bedtime story about how we squeeze more value. AMENDMENT NO. 26 OFFERED BY MR. HOLT to your kids or get to work not quite so I appreciate the gentleman’s leader- Mr. HOLT. Mr. Chairman, I offer an frazzled and save money. ship in focusing on the notion of the amendment. Suppose you thought about taking a $800 billion that is spent dealing with The Acting CHAIRMAN. The Clerk bus to get across town. Nowadays, you energy in this country. That is $800 bil- will designate the amendment. pretty much face the prospect of stand- lion; yet the amount of money that is The text of the amendment is as fol- ing at the bus stop hoping the bus spent in research for government and lows: comes along, wondering if the bus will for the private sector is arguably less than 1 percent, less than for any other Amendment No. 26 offered by Mr. HOLT: come along, wondering when you will In title XVI, add at the end the following get to work. What if you had a mon- major sector of our economy. new section (and amend the table of contents itor, maybe on your cell phone, maybe I appreciate my colleague’s leader- accordingly): at the bus stop that would tell you ship in focusing on what impact re- SEC. 1614. STUDY OF FUEL SAVINGS FROM IN- what the schedule is, where the bus is search and technology can have in this FORMATION TECHNOLOGY FOR now, and when the bus will be at your critical area. By focusing on intel- TRANSPORTATION. stop? You could even check before you ligent transportation, it will be one im- Not later than 2 years after the date of en- left your house. portant area of research application actment of this Act, the Secretary of Energy that will make a difference for millions shall, in consultation with the Secretary of These kinds of things are here today, Transportation, report to Congress on the not widely installed; but they could be. of Americans, it will save hundreds of potential fuel savings from information My amendment simply calls for a study millions of gallons of fuel, and it will technology systems that help businesses and of the energy savings that would come improve the quality of life for our com- consumers to plan their travel and avoid from such things. I think it is straight- munities in the offing. delays. These systems may include web- forward and will be attractive to people This is the sort of approach that will based real-time transit information systems, all over the country, to businesses, to truly make our communities more liv- congestion information systems, carpool in- individuals, to cities, and of course to able, make our families safer, formation systems, parking information sys- healthier, and more economically se- tems, freight route management, and traffic those who care about our energy usage; management systems. The report shall in- and I urge its passage. cure. I appreciate the gentleman’s clude analysis of fuel savings, analysis of Mr. Chairman, I reserve the balance leadership and strongly urge the adop- system costs, assessment of local, State, and of my time. tion of this amendment. regional differences in applicability, and Mr. HALL. Mr. Chairman, I ask Mr. HOLT. Mr. Chairman, I yield evaluation of case studies, best practices, unanimous consent to claim the time back the balance of my time. and emerging technologies from both the in opposition, though we do not have The Acting CHAIRMAN. The ques- private and public sector. opposition to the amendment. tion is on the amendment offered by The Acting CHAIRMAN. Pursuant to The Acting CHAIRMAN. Without ob- the gentleman from New Jersey (Mr. House Resolution 219, the gentleman jection, the gentleman from Texas is HOLT). from New Jersey (Mr. HOLT) and a recognized for 5 minutes. The amendment was agreed to. Member opposed each will control 5 There was no objection. The Acting CHAIRMAN. It is now in minutes. Mr. HALL. Mr. Chairman, I yield my- order to consider amendment No. 27 The Chair recognizes the gentleman self such time as I may consume. printed in House Report 109–49. from New Jersey (Mr. HOLT). Mr. Chairman, this amendment re- AMENDMENT NO. 27 OFFERED BY MR. GRIJALVA Mr. HOLT. Mr. Chairman, I yield my- quires the Secretary of Energy to work Mr. GRIJALVA. Mr. Chairman, I self such time as I may consume, and I with the Secretary of Transportation offer an amendment. am offering an amendment to the en- and report to Congress on the potential The Acting CHAIRMAN. The Clerk ergy bill for a study of the potential for fuel savings from utilizing advanced will designate the amendment. fuel savings from information tech- technology. I think we have seen dra- The text of the amendment is as fol- nology. This will help businesses and matic strides in technology in systems lows: consumers and, really, the country at that help consumers in their drives on Amendment No. 27 offered by Mr. large. the road as well as business opportuni- GRIJALVA:

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2417 Strike section 2005. for 5 years in the deep waters of the ing member of the Committee on Re- The Acting CHAIRMAN. Pursuant to Gulf of Mexico. sources. House Resolution 219, the gentleman For those who would argue nothing (Mr. RAHALL asked and was given from Arizona (Mr. GRIJALVA) and a happened, I would say, Look at the permission to revise and extend his re- Member opposed each will control 5 numbers. In 1995, we averaged just over marks.) minutes. 1,200 leases. After that act, the number Mr. RAHALL. Mr. Chairman, and The Chair recognizes the gentleman of active leases increased up to 3,300 both sides of the aisle, I stand with from Arizona (Mr. GRIJALVA). leases. This is not a giveaway. We actu- President Bush on this issue. The ally generated more, not less, money President has said, ‘‘With oil at more b 1345 for the Federal Government. Our lease than $50 a barrel, by the way, energy Mr. GRIJALVA. Mr. Chairman, I bid revenues increased from $800 mil- companies do not need taxpayer-funded yield myself such time as I may con- lion in 1995 to over $1.5 billion in 1996, incentives to explore for oil and gas.’’ sume. almost $2 billion in 1997. That was President George W. Bush in Mr. Chairman, my amendment would I rise in opposition to this amend- the Washington Post, April 21, 2005. strike section 2005 of H.R. 6. This sec- ment because it would cost the Treas- This amendment protects the tax- tion of the bill requires the Secretary ury, and it would decrease the supply payer. This amendment is vital to re- of the Interior to suspend collection of of domestic energy which this bill is store some semblance of sanity to this royalty fees from oil and gas compa- trying to increase. legislation. To my colleagues from the nies operating in the deep waters of the Third, this is not a giveaway but Gulf States I would say, vote for this Gulf of Mexico. rather there are price thresholds and amendment if you also support the pro- The authors say this provision is safety mechanics. The Secretary of the visions in H.R. 6 to distribute $500 mil- needed to ‘‘encourage’’ oil and gas com- Interior already has the regulations lion in OCS revenues to coastal States panies to explore for and produce oil and the ability to say, as the MMS does and to redirect $2 billion in OCS to and gas at water depths greater than today, if the price of oil is over, let us alter deep water research. If you sup- 400 feet in the Gulf of Mexico. say, $34 per barrel, these royalty relief port that, you simply cannot have it Let there be no misunderstanding. provisions do not go into effect. both ways. There will not be revenue This royalty relief is a subsidy to oil The language as written is common- enough for you to distribute if we do and gas companies. It is unnecessary sense language that encourages produc- not collect the royalties on OCS pro- and is nothing more than corporate tion and allows large investments. We duction. I urge my colleagues, and from the welfare for the oil and gas industry. are talking about investments of hun- Gulf States especially, to support this Subsidies will not increase production dreds of millions of dollars, maybe a amendment, and also I urge my col- of domestic oil and gas. The Energy In- billion. We are talking about drilling leagues on both sides of the aisle, sup- formation Administration and Interior in deep water where there is great risk. Secretary Norton have both asserted port President Bush on this. This relief provision allows these com- Mr. GRIJALVA. Mr. Chairman, I that subsidies would do little to en- panies to get the access to capital they yield 1 minute to the gentleman from hance domestic production of oil and need to take these risks. California (Mr. GEORGE MILLER). gas. I rise in strong opposition to the (Mr. GEORGE MILLER of California Even the President, a former oilman, amendment. The current relief pro- asked and was given permission to re- recognizes that royalty relief is not a vides jobs in my State and provides en- vise and extend his remarks.) good idea. Just yesterday he said, ergy for our country and lowers the Mr. GEORGE MILLER of California. ‘‘With oil at more than $50 a barrel, by price of energy for our industry. Mr. Chairman, of all of the subsidies the way, energy companies do not need Mr. Chairman, I yield such time as he and all of the giveaways in this bill, taxpayer funded incentives to explore may consume to the gentleman from this one itself may be the most egre- for oil and gas.’’ Louisiana (Mr. MELANCON). gious. This is royalty relief to those Mr. Chairman, the deep waters of the Mr. MELANCON. Mr. Chairman, I companies who are drilling in deep Gulf of Mexico have seen consistent must rise in opposition to this amend- water. These companies are drilling in and striking growth in oil and gas ex- ment. Knowing the economy of Lou- deep water no matter what they do be- ploration for 10 straight years. Deep- isiana and particularly south Lou- cause that is where the oil is, and it is water projects have increased by 51 isiana, my district is very reliant on very lucrative to do so. percent since 2002. Clearly no one needs the oil and gas industry. The gen- The gentleman from Louisiana de- an incentive to explore for oil and gas tleman from Louisiana (Mr. JINDAL) fends this provision saying they have a in one of the most vital areas in the gave some numbers that apply to what cutoff when the price of oil goes up. world. Therefore, there was no rational has happened with the leaseholds out When this provision was put into law, justification for this section. It is just on the Outer Continental Shelf in re- the cutoff was $28 a barrel, but the Sec- more special treatment for oil and gas cent times. Just at Port Fourchon, retary did not cut it off. When it got to at the expense of everybody else. which is the focal point for the Gulf of $30, the Secretary did not cut it off. Mr. Chairman, I reserve the balance Mexico for oil drilling, deep and shal- When it got to $40 and $45, the Sec- of my time. low water, we have increased the num- retary did not cut it off. When it got to Mr. JINDAL. Mr. Chairman, I rise to ber of jobs there by thousands. We have $50, the Secretary did not cut it off. claim the time in opposition. 125 companies that have located at And today, when it is $52, the Sec- The Acting CHAIRMAN (Mr. SIMP- Port Fourchon, and there are 25 compa- retary has not cut it off. SON). The Chair recognizes the gen- nies presently on the list waiting for This is not about royalty relief, this tleman from Louisiana (Mr. JINDAL) for locations to open up at the port. is about a handout to the most profit- 5 minutes. I am concerned, as most are, about able companies in the United States. Mr. JINDAL. Mr. Chairman, I yield the energy crisis in this country. I un- This is about a handout to these com- myself such time as I may consume. derstand my colleagues’ concern about panies to drill the public’s oil. I rise in opposition to this amend- subsidies and big oil, as everyone de- Of the 132 million barrels of oil they ment, and coming from south Lou- scribes it. At the same time, in order have produced, 76 percent are royalty isiana, I would like to provide some for us to reach some independence, we free. That means Mr. and Mrs. Tax- guidance and clarify some of the mis- need to continue to encourage deep payer in America did not get the royal- leading facts that surround this issue. water, shallow water, oil, gas and every ties that these companies should have We know the production off the coast type of mining that will help us get out paid them to drill on the public lands of our State is important to meet the of this problem. that the taxpayers of this country own. Nation’s energy needs. Congress did a Mr. JINDAL. Mr. Chairman, I reserve That is why this amendment should good thing back in 1995 in passing the the balance of my time. prevail. Deep Water Royalty Relief Act. That Mr. GRIJALVA. Mr. Chairman, I The gentleman from Arizona (Mr. act did a simple thing. It provided yield 1 minute to the gentleman from GRIJALVA) is right. He is a hero to the automatic royalty relief for new leases West Virginia (Mr. RAHALL), the rank- taxpayers.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2418 CONGRESSIONAL RECORD — HOUSE April 21, 2005 Mr. GRIJALVA. Mr. Chairman, I stop the collection of royalties, yet It does not provide those incentives yield 30 seconds to the gentleman from throughout H.R. 6, the $2.5 billion in today, but it allows companies to raise Wisconsin (Mr. KIND). subsidies that the gentleman from money to take risks to produce our (Mr. KIND asked and was given per- West Virginia (Mr. RAHALL) pointed country’s domestic energy needs. mission to revise and extend his re- out, $2 billion of which go to the ultra- Mr. Chairman, I yield back the bal- marks.) deep provision, is so strongly supported ance of my time. Mr. KIND. Mr. Chairman, I rise in by the majority leader. I think it is The Acting CHAIRMAN. The ques- support of this amendment to make time for the Members of Congress to tion is on the amendment offered by this junk food energy bill just a little say in terms of subsidies and handouts the gentleman from Arizona (Mr. bit healthier. to rich, profitable companies, When is GRIJALVA). Members, help me with this quote: ‘‘I enough enough? I urge a ‘‘yes’’ vote on The question was taken; and the Act- tell you, with $50 oil, we do not need this amendment. ing Chairman announced that the noes incentives to oil and gas companies. Mr. Chairman, I yield back the bal- appeared to have it. There are plenty of incentives.’’ No, ance of my time. Mr. GRIJALVA. Mr. Chairman, I de- this was not some liberal, left-wing en- Mr. JINDAL. Mr. Chairman, I yield mand a recorded vote. vironmental activist. You are right, it myself the balance of my time. The Acting CHAIRMAN. Pursuant to was the President of the United States, I agree with my colleagues and I clause 6 of rule XVIII, further pro- who comes from the oil industry, that agree with the President. I agree, with ceedings on the amendment offered by recognizes that the oil companies are the price of oil above $50 a barrel, we the gentleman from Arizona (Mr. awash with profits. do not need relief. This provision does GRIJALVA) will be postponed. During President Bush’s 2000 Presi- not do that. AMENDMENT OFFERED BY MRS. CAPPS dential campaign, he railed against the Let me be clear. Under the current Mrs. CAPPS. Mr. Chairman, I offer so-called royalty holiday saying that it MMS rules, what this provision would an amendment to strike an unfunded was, and I quote, ‘‘Giving major oil do would simply provide relief for mandate. companies a huge tax break.’’ those companies making multiyear in The Clerk read as follows: Agree with the President of the many cases, multi, hundreds of mil- Amendment offered by Mrs. CAPPS: United States, agree with us, accept lions of dollars of investments to In title XV, in section 1502, strike ‘‘, or this amendment. produce oil for our country’s needs. methyl tertiary butyl ether (hereinafter in Section 2005 waives Federal royalty collec- We have a choice. Many of my col- this section referred to as ‘MTBE’)’’ and tions from offshore oil and gas production on leagues do not want us drilling for oil strike ‘‘or MTBE’’ in each place it appears. the Outer Continental Shelf. Added to the rest off the coast of Florida and do not The Acting CHAIRMAN. Pursuant to of Title 20, this will put $483 million of tax- want us to drill for oil off the coast of the order of the Committee of today, payer money into the already deep pockets of California. I would ask those col- the gentlewoman from California (Mrs. big oil during a time in which they are reaping leagues to join with me in providing in- CAPPS) and the gentleman from Texas record profits. In fact, an April 8, 2005 Wall centives so we can drill for oil in the (Mr. BARTON) each will control 15 min- Street Journal article relates the news that deep waters of the Gulf of Mexico. utes. Exxon Mobile recently reported a fourth-quar- The people of Louisiana welcome this The Chair recognizes the gentle- ter profit that amounted to the fattest quarterly production. We know it is good for our woman from California (Mrs. CAPPS). take for a publicly traded U.S. company ever: State, our country, and for our econ- Mrs. CAPPS. Mr. Chairman, I yield $8.4 billion. omy. We have a choice. We have to myself 11⁄2 minutes, and appreciate the Do big oil companies like Exxon really need meet the growing energy needs of our opportunity to bring this amendment taxpayer-provided ‘‘incentives’’ to explore and country. to strike an unfunded mandate to the drill? President Bush doesn’t think so. What this provision simply does is floor for debate. In addition, the oil royalties the Federal Gov- make it economical for companies to Mr. Chairman, this motion would do ernment does not collect from big oil will take greater risk than they have ever one thing: It would strike the safe har- starve the Land and Water Conservation Fund had to take before to allow them to bor provisions for MTBE which CBO of critical financial resources. The Land and raise the capital and spend hundreds of has identified as an unfunded mandate. Water Conservation Fund provides special millions of dollars, maybe even a bil- This is CBO’s analysis of the bill, and I protection for some of our most precious lion dollars, on these rigs to produce quote, ‘‘Section 1502 would shield man- wildlands and has been a valuable tool for the energy that our country so des- ufacturers of motor fuels and other nearly 40 years. A portion of revenues from oil perately needs, that our farmers need, persons from liability for claims based royalties is dedicated to this special fund for that our petrochemical industry needs. on defective product. acquisition and conservation of natural places We have a choice. We do stand with ‘‘The provision would impose both an and habitat. Without these oil royalty reve- the President saying, No, we do not intergovernmental and private sector nues, State environmental protection efforts need relief at $50, but we do need relief mandate as it would limit existing will suffer. to make sure that there continues to rights to seek compensation under cur- In a time of serious budget deficits, im- be production, especially if the price rent law.’’ mense war costs and a sluggish economy, we falls below that threshold. This provision in H.R. 6 transfers the cannot afford to grant such outlandish sub- But we have a choice: Do we produce cost of cleanups from responsible par- sidies to some of our Nation’s largest corpora- our own energy needs, or do we become ties to constituents. It is an unfunded tions. I urge my colleagues support the increasingly dependent on foreign mandate, and it should be stricken Grijalva amendment. sources? We have a choice. Do we drill from the bill. Mr. GRIJALVA. Mr. Chairman, I in the deep waters of the Gulf of Mex- yield myself the balance of my time. ico where such production is welcomed b 1400 H.R. 6 guarantees an additional fi- and invited, or do we look to other Mr. Chairman, this is a bad provi- nancial windfall, courtesy of the tax- areas where that production is not wel- sion. MTBE contamination has aver- payers, for oil and gas companies al- comed and not invited? aged over 1,800 water systems in 29 ready reaping and sowing profits, I do stand behind our President, and States. Cleanup costs are at least $29 record profits, and provides absolutely I invite my colleagues to also stand billion. MTBE contamination is a huge no guarantee of relief for the high price with our President and support the lan- problem, and it is not going away. that consumers are paying for their gas guage as written, support the overall Mr. Chairman, I reserve the balance and oil. energy bill, and vote for domestic pro- of my time. I urge Members to reject this ap- duction. Vote to keep manufacturing Mr. BARTON of Texas. Mr. Chair- proach and, instead, support my in our country, vote so we can become man, I yield myself such time as I may amendment which brings some sem- more independent of foreign sources of consume. blance of fiscal responsibility to H.R. 6. energy. (Mr. BARTON of Texas asked and I find it ironic that the provision this The language as written is good lan- was given permission to revise and ex- amendment attempts to strike would guage. It does not provide relief today. tend his remarks.)

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2419 Mr. BARTON of Texas. Mr. Chair- mits the use of MTBE, and the suprem- way. The dirty little secret is that the man, there are so many ways to oppose acy clause precludes State tort liabil- industry knew all along that MTBE this particular amendment that I am ity from attaching based on the mere could leak out of gasoline storage at a little bit of a loss as to which way use of this allowed option.’’ The court tanks and contaminate groundwater. to start in opposition, but I think I will reasoned that: ‘‘Permitting plaintiffs In fact, there was a deliberate attempt start first on the procedural opposi- to pursue their common law claims by the MTBE producers to hide the tion. This is basically the same vote conflicts with the reformulated gaso- groundwater impacts of their product and the same amendment that the gen- line and oxygenated fuels provisions of from Congress. tlewoman from California (Mrs. CAPPS) the Clean Air Act and the regulatory Today, communities across America had a vote on yesterday on a point of actions taken under it.’’ We have other are suffering the effects of MTBE. order before consideration of the rule. court cases that we can put into the MTBE contamination of groundwater That was defeated overwhelmingly, in RECORD. and surface water is a major problem the neighborhood of 231–188 or some- We have got several lines of opposi- in my State of California, and many thing like that. To give her credit, she tion here. The first line is that we have drinking water wells have had to be has come back and she and her allies already had the vote. We have the sec- shut down because of this contami- have found a way to use the rules to ond line that this is not an unfunded nant. MTBE contamination has been come up and get a second bite of the mandate because we are not precluding detected in all 50 States, and a recent apple. But my first line of opposition is what States can or cannot do in the fu- study indicates that it costs between that if you voted against it yesterday, ture. And under current law, the clean- $12 billion and $63 billion to clean it up. you ought to vote against it today. up costs are borne 96 percent by the It will cost between $12 billion and $63 Secondly, I want to talk about the parties, not borne by the States. You billion to clean it up, to clean up some- concept that is embodied in the Capps have to have an orphaned site before thing that the industry knew was dirty amendment, that somehow this is an the State would even come into it. So to begin with and withheld information unfunded mandate. What she is seeking we think the allegation that it is un- about that from Congress. to strike is a provision in the under- funded is spurious on the measure. Not surprisingly, the MTBE pro- lying bill which was in the bill last And, lastly, on the item of whether ducers and the big oil companies want year that says you cannot de facto go MTBE is defective as a product just be- to be protected from liability for con- in and in an existing lawsuit state that cause it is MTBE, it has clearly been taminating our drinking water sup- MTBE, because it is MTBE, or also eth- ruled in several cases, and common plies. And not surprisingly, TOM DELAY anol, is defective because of its chem- sense would dictate, that something and House Republicans are happy to ical composition. oblige. The gentleman from Texas in- You have to prove that it is defec- that is made properly and used prop- sisted on the MTBE provision in the tive, not just say that, because it is erly and actually cleans up the air, what it is. It is similar to saying this there is no way that can be a defective last Congress, even at the cost of kill- piece of wood that this table is made of product. ing the energy bill. He insisted on it is defective because it is wood. That is I am giving Members three lines of again this year. In fact, this is the ma- a very limited safe harbor provision. reasoning to vote against the Capps jority leader’s bill we are debating The gentlewoman from California (Mrs. amendment, and I would hope that today. when the vote comes that we keep the Instead of eliminating MTBE now, CAPPS) would strike that. CBO last the Republican energy bill gives 9 year looked at this language and said language in the bill and we are able to there is no unfunded mandate. In fact, go to conference with the Senate and years for a phaseout, 9 years of MTBE several years ago in the medical mal- continue to work to find a compromise leaking into our water supply. And a practice legislation where we capped if we need to do more to expedite the loophole in this very law may even damages, capped awards, CBO said that cleanup in those States that have allow MTBE to be used indefinitely. It is not an unfunded mandate. But this MTBE contamination. gives MTBE producers liability protec- year the CBO analysts in question Mr. Chairman, I reserve the balance tion in contamination lawsuits, and it looked at it and said, while the evi- of my time. gives a $2 billion subsidy to MTBE dence was difficult to ascertain, it Mrs. CAPPS. Mr. Chairman, I am manufacturers. could be construed as an unfunded honored to yield 1 minute to the gen- Let me repeat: this is a contaminant, mandate. tlewoman from California (Ms. PELOSI), a small supply of which can poison a The lawsuits that have been filed and our minority leader. water supply. And this bill is giving could be filed are going to be filed on a Ms. PELOSI. Mr. Chairman, I thank the manufacturers 9 years to phase it wide range of issues. Any particular the distinguished gentlewoman from out and a loophole that may even make court and any particular jury may find California for yielding me this time, the use of MTBE indefinite. It is saying in this case or that case and we are not and I thank her for her leadership on that you have no liability, MTBE man- precluding that, but to somehow say protecting the environment and the ufacturers, for contamination, no li- that now because if the safe harbor health of America’s children. I particu- ability, long term to phase out, if ever; provision were to become law that you larly commend her for her resourceful- and third of all, we are going to fund it. would actually have to prove MTBE ness in bringing this amendment to the For $2 billion, we are going to give a was defective, that somehow that is an floor. Because of a letter dated April 19 subsidy to MTBE manufacturers. unfunded mandate to me is just beyond from the Congressional Budget Office According to the Republican Con- the pale. which deems the MTBE giveaway an gress, the punishment for polluting the I have got several court cases that unfunded mandate, the gentlewoman groundwater, if you pollute our have already been considered on the de- from California (Mrs. CAPPS) was able groundwater, you get $2 billion. That is fective product situation with MTBE, to bring this amendment to the floor. I your gift for contaminating our and I would like to read those right thank the gentlewoman from Cali- groundwater. Republicans are not even now. In a New Jersey case, a court fornia. It is important to all who care giving MTBE polluters a slap on the ruled that MTBE was an oxygenate about the health of our children. wrist. They are giving them a pat on that Congress contemplated would be I rise in support of the gentlewoman the back. But in their attempt to used frequently. Therefore, the court from California’s amendment to strike, shield MTBE producers and big oil found: ‘‘Because Congress required that really, this disgraceful MTBE give- companies from accountability, Repub- gasoline include an oxygenate and spe- away, and I commend her for seizing licans have created a huge unfunded cifically designated that MTBE would the opportunity to offer this amend- mandate for States and localities, and be one of the most common and effec- ment. it is taxpayers who are stuck with the tive oxygenates, this court concludes Mr. Chairman, as we discussed yes- bill. that gasoline containing MTBE cannot terday in general debate, a few drops of Remember unfunded mandates? Was be deemed a defective product.’’ MTBE can poison an entire drinking that not principle number one of the A California court, the State the gen- water system. But the industry lobbied Contract with America, no unfunded tlewoman hails from: ‘‘Federal law per- for MTBE to be added to gasoline, any- mandates? Here it is. The CBO, the

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2420 CONGRESSIONAL RECORD — HOUSE April 21, 2005 Congressional Budget Office, non- The oxygenate requirement has done Mrs. CAPPS. Mr. Chairman, I yield 3 partisan CBO, says that this amounts a great deal to clean up our smoggy minutes to the gentleman from Cali- to an unfunded mandate. That is why urban air; and to this day the EPA will fornia (Mr. WAXMAN), who represents the gentlewoman from California (Mrs. talk about the success of it, particu- Santa Monica, where a huge MBTE pol- CAPPS) was able to get this amendment larly in the Houston area. MTBE is on lution problem has occurred. made in order under the rules. the way out and being cleaned up Mr. WAXMAN. Mr. Chairman, the And then in their attempts to shield around the country, regardless of the Republican leadership in the House has MTBE producers and big oil companies amount of litigation. Tank owners, in- done everything it could possibly do to from accountability, Republicans have surance and State funds are doing the keep us from voting on this issue. They created this unfunded mandate, which real work, 96 percent of all cleanups ac- so badly wanted to protect the oil com- is called such by the National Water cording to the EPA. A case in point, panies and to push the costs onto the Resources Association, the American the city of Santa Monica is suing its local governments to take care of the Public Works Association, Western Co- former law firm over the $66 million polluted drinking water. alition of Arid States, American Water legal bill for its trouble in suing over We had a vote earlier, as the gen- Works Association, the Association of MTBE. tleman from Texas (Chairman BARTON) Metropolitan Water Agencies, the Na- indicated, but it was on a procedural tional Association of Towns and Town- b 1415 vote. Now we have a vote on the mer- ships, the National Association of I guess the concern I have is that its. And if we do not support the Capps Counties, the National League of Cit- MBTE, if it is a defective product, we amendment, we are keeping this un- ies, the U.S. Conference of Mayors. mandated it. And let me quote from funded mandate in the bill and our These organizations say that this pro- some of the remarks earlier in the local governments are going to have to vision agrees with the Congressional Clean Air Act. We had Members who pick up the billions of dollars of costs Budget Office that it amounts to a are still sitting Members of Congress to clean up the drinking water. massive unfunded mandate on local who were bragging about, we mandated That is why it is an unfunded man- governments and citizens. the oil companies to be able to do stuff, date. And that is why I am speaking Republicans used to oppose these, as for cleaning up our air; and yet now- for the Republican side of the Chamber, I mentioned; and the rules of the House adays, 10 years later, 15 years later, we because the Republicans came in under still allow us to strike them. I thank are going to say, no, they are respon- the Contract with America and said, the gentlewoman from California (Mrs. sible, even though we told them to do We want to do away with unfunded CAPPS). I urge my colleagues to sup- it, and it has been successful. mandates, and we will let them be port the Capps amendment and to de- My concern about the loss of MBTE, challenged on the House floor. mand accountability and to stop the we cannot trade clean air for clean And I congratulate the gentlewoman outrageous MTBE giveaway. water; we have to have both. And there from California (Mrs. CAPPS) for bring- Mr. BARTON of Texas. Mr. Chair- is a way we can have both, but not by ing this to the House floor under a pro- man, I yield 3 minutes to the gen- taking away the ability to have MBTE, cedure that the Republicans allowed. tleman from Texas (Mr. GENE GREEN). which is probably the most in use be- States’ rights, that used to be a Re- Mr. GENE GREEN of Texas. Mr. cause it is the most efficient in refor- publican position. But this bill has the Chairman, I guess this is a postponed mulated gasoline. view that Washington knows best. So vote on MTBE. It is an issue we have But, again, Congress made a decision we do not let States decide things any- been dealing with, at least in the Com- to deal with ethanol more than MBTE, more. They cannot regulate, or partici- mittee on Energy and Commerce, for a and that will happen. This bill allows pate even, in key energy decisions af- number of years. MTBE was mandated, for fixing the best by using the Leak- fecting States and localities such as maybe not specifically in the Clean Air ing Underground Storage Tank fund, LNG facilities or relicensing of hydro- Act of 1990, but reformulated gas was. and that will go a long way to help us. electric dams. Washington knows best. And for an area like I have in Houston, Mrs. CAPPS. Mr. Chairman, I yield And in this bill the most egregious ex- we have been using MTBE as a refor- for the purpose of making a unanimous ample of arrogant centralization of mulated gas in our gas to clean up our consent request to the gentleman from power in Washington is this massive air because it replaced the lead that we Rhode Island (Mr. KENNEDY). unfunded mandate. used to have because lead was pol- (Mr. KENNEDY of Rhode Island We have heard that Congress insisted luting. And now we find out that MTBE asked and was given permission to re- that MBTE be used for reformulated does not smell or taste good and that is vise and extend his remarks.) gas. That is not true. Under the Clean right. But whatever we have in our gas Mr. KENNEDY of Rhode Island. Mr. Air Act, we required reformulated gas- tanks is not something else we want to Chairman, on behalf of the citizens of oline, but we left it to the oil compa- smell or taste, either. We may not be Pascoag, Rhode Island, who have lived nies to decide how to do that, and they able to taste the benzene and every- with contaminated water from MBTE, were using MBTE before the 1990 Clean thing else. I rise in support of the Capps amend- Air Act was adopted. Now that we But EPA informed Congress in 1990 ment. know what they may have known in that a reformulated oxygenate require- I would like to thank my good friend Con- advance, that MBTE can cause prob- ment would be met almost exclusively gresswoman CAPPS for fighting to bring this lems in our drinking water, they want by MTBE, and congressional state- debate to the floor today. to shift the costs from the oil compa- ments at the time reflect that knowl- I have seen firsthand the devastation that nies that have caused the pollution to edge. Nowadays you can use ethanol, the gasoline additive MTBE can have on our the local taxpayers. which comes a long way, or MTBE. local communities. I remember when Republicans would It is true MTBE existed before the In my home state of Rhode Island, the citi- have objected to this. And I hope today Clean Air Act of 1990. In fact, it was zens of Pascoag were unable to use their they will object to it as well. And I first approved by the EPA in 1979 to water for months due to this contamination. guess the Republican leadership fears comply with another Federal gasoline No child should have to turn on the water that they might, because that is why mandate, in reducing lead. EPA fol- faucet to have their tap water smell like tur- they have gone to such enormous lowed the legislative history of the pentine. lengths to not allow anybody in this Clean Air Act and its scientific anal- But the provision in this bill that seeks to Chamber to vote on this specific issue. ysis and repeatedly reaffirmed ap- protect MTBE manufacturers is simply yet an- Every time we asked the Committee on proval for MTBE. The reason this bill other one of many that puts the needs of indi- Rules to allow a motion to strike be in has this provision in here is because we viduals and families below the requests of in- order, they denied it. There was a point mandated reformulated gas in certain dustry in this dangerous bill. of order raised, and that way they were areas, including the district I rep- I urge my colleagues to take a stand for the able to keep us from voting on it. resent. We have not had trouble with forty-five million Americans whose water sys- But thanks to Newt Gingrich and the MTBE in groundwater or surface water tems have been affected by MTBE contamina- Contract with America, we have this pollution, at least in the Houston area. tion and vote to strike this provision from the way of bringing the issue on the mer- I know some parts of the country have. bill. its. Vote for the Capps amendment.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2421 Mr. BARTON of Texas. Mr. Chair- oxygenated fuels but low enough to work between now and conference time man, I yield myself such time as I may allow several different oxygenates to on a plan that will structure a remedi- consume. compete for market share. The leading ation program that will clean up the Briefly, before I yield time to the oxygenates are ethanol and ethers water, not 10 years from now or 20 gentleman from New Hampshire (Mr. made of ethanol, ETBE; or methanol, years from now, not unfairly in this BASS), just to make one major point, MBTE.’’ community and not in that community we were not aware that this amend- That is attributed to the gentleman and not in this State or that State, but ment might come up today. We were as a direct quote. Is that correct? across the whole country. not even told it could until we walked Mr. WAXMAN. Mr. Chairman, if the My constituents deserve a workout on the floor and saw the gentlewoman gentleman will continue to yield, I will for this problem, and we as policy- from California (Mrs. CAPPS). That is assume that it is a correct quote, but makers have an obligation to work to- point number one. let me tell the gentleman that was not gether in a bipartisan fashion in our Point number two, when we huddled the only choice they could have made, conference to come up with a solution. at the leadership level to decide what and they knew evidently, from what we It is my hope that this solution will to do about this, I was given several are learning, that MBTE was a prob- include the creation of a fund that will parliamentary options to try to defeat lem. They could have used ethanol. include participation by all the poten- any kind of an effort to have a sub- Mr. BARTON of Texas. Mr. Chair- tially responsible parties, a way to set- stantive debate, and I chose not to do man, reclaiming my time, I am not tle claims in a quick and fair fashion that. I made the decision that if the saying that he stipulated that MBTE that reduces the overall cost. gentlewoman from California (Mrs. had to be used. I am stipulating that he I do not want to see communities CAPPS) and her allies were smart knew it could be used. And he is enti- like South Tahoe City suing their own enough to figure out a way to use the tled to change his mind, change his po- lawyers to try to get the money back House rules to get her vote up, she sition. It is a free country. But at one so that they can actually perform the ought to be given that chance to do it. time he thought that MBTE could help remediation that they had planned to And I had several opportunities to gim- clean up the air. That is all I am say- do and might have been able to do if it mick the rules up and do complicated ing. had been settled in such a fashion so parliamentary procedure that would Mr. WAXMAN. Mr. Chairman, if the that they did not have to deal with have obfuscated the issue. gentleman will continue to yield, he is other costs. I want to see a fund cre- So I do not want to come onto this correct. But we did not know at that ated that will really resolve this issue. floor and be told that somehow I have time that it was going to pollute the Please allow this bill to go forward to tried to be unfair or prevent an honest drinking water. conference, and when we come back debate. Mr. BARTON of Texas. Mr. Chair- with a conference product, it will be a I will be honest, I would rather not man, I yield 3 minutes to the gen- product that my constituents who have have this debate right now. But we are tleman from New Hampshire (Mr. been hurt by MBTE contamination will going to have it, and let us have a sub- BASS). see their wells cleaned up, will see ade- stantive debate. I am fine on that. Mr. BASS. Mr. Chairman, I thank the quate compensation to redress their The second point I want to make is, gentleman for yielding time to me. issues; and we will have the problem I am not going to disparage what the As we can tell, this is the kind of resolved, and we will end this endless gentleman from California (Mr. WAX- issue that we could spend the next 10 fight that we could have if we do noth- MAN) just said, but when we were de- years debating. ing. bating these amendments back in the I want to solve the problem. The I urge opposition to the pending early 1990s, we had numerous instances problem is not going to be solved by fil- amendment. where he went on record saying that ing lawsuits, by scoring political Mrs. CAPPS. Mr. Chairman, I yield MBTE was something that should be points, by paying huge legal fees to the myself 15 seconds. included as an oxygenate. He even of- trial bar, waiting year after year after In response to the gentleman from fered an amendment in committee to year while constituents of all of us New Hampshire (Mr. BASS), I show him increase the oxygenate requirement to wait for some kind of remediation. the headline in the newspaper of a lit- 3 percent. Sure, claims have been filed, almost tle town in my district, where they had If I am correct, then I will let him 100 of them, I understand. There has to sue Chevron for $9 billion for con- look at the statements and tell me not been a single judgment to date. tamination of the water supply and it that they are incorrect. There have been some settlements, but was settled out of court. They never I am for a fair and open debate. there has not been a single judgment would have gotten the settlement with- Mr. WAXMAN. Mr. Chairman, will rendered. I do not call that a safe way out the lawsuit. the gentleman yield? to procure that our constituents get Mr. Chairman, I yield 1 minute to the Mr. BARTON of Texas. I yield to the their water cleaned up. gentleman from Michigan (Mr. DIN- gentleman from California. Last year CBO said that this was not GELL), the ranking member of the Com- Mr. WAXMAN. Mr. Chairman, I an unfunded mandate. This year an- mittee on Energy and Commerce. thank the gentleman for yielding to other analysis says it is an unfunded (Mr. DINGELL asked and was given me. mandate. permission to revise and extend his re- We called for reformulated gasoline. As one who served on the Committee marks.) We did not spell out how that was to be on the Budget and was here in 1995, I Mr. DINGELL. Mr. Chairman, my done. We did not spell out the tech- would suggest that this would be clas- good Republican colleagues and friends nology. We said to the oil companies, sified, if one is an accountant, as a con- are seeing something that they made You figure out how to do it. They could tingent unfunded liability or a hypo- possible today. Years ago, in 1995, they have done it with ethanol. They chose thetical unfunded liability. But it will passed the Unfunded Mandates Reform reformulated gasoline. What we wanted not be that way in the end because Act. They should recognize this. They was cleaner gasoline, and they did not there are two choices that we face here said how this was going to stop the im- have to use MBTE. today: an easy choice, which is to vote position of unfunded mandates upon Mr. BARTON of Texas. Mr. Chair- ‘‘yes’’ and to have the status quo and communities and States. man, reclaiming my time, I want to to go forward as we have in the past; or That is exactly what the amendment read a quote and have the gentleman the hard vote is to really solve the does. If they had been fair and given tell me whether he thinks he said this problem. this a decent rule, then we would have or not. Having voted to strip MBTE provi- been able to debate these in a proper I quote from the gentleman from sions from this bill last year, I am vot- fashion and they would not be com- California (Mr. WAXMAN): ‘‘This level of ing the other way this year, and I am plaining about surprise. oxygenation, required in the Clean Air proud of it, and I will tell the Members But having said this, there are some Act amendments, is high enough to why. I have established it with the 80 lawsuits that are going to be able to achieve most of the benefits of chairman, a task force that is going to go forward. The judge had this to say

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2422 CONGRESSIONAL RECORD — HOUSE April 21, 2005 about these kinds of lawsuits, and, by ecutive VP, National Water Resources communities to begin cleaning up their drink- the way, they are in New York and New Association. ing water supplies. Hampshire: ‘‘Innocent water providers Mrs. CAPPS. Mr. Chairman, I yield 2 Now, because communities are winning and, ultimately, innocent water users minutes to the gentlewoman from Cali- these suits, industry wants Congress to let it should not be denied relief from the fornia (Ms. ESHOO). off the hook. contamination of their water supply if Ms. ESHOO. Mr. Chairman, I thank But this isn’t simply a matter of who pays; the defendants breached a duty to the gentlewoman for yielding to me it’s also a matter of public health. avoid an unreasonable risk from their this time. MTBE is a potential carcinogen. It’s been products.’’ Mr. Chairman, I rise to support the detected in groundwater in all 50 States. This bill is an immunity bath for Capps amendment. And it really is a When MTBE is in drinking water, we need MBTE manufacturers and for the refin- mystery to me why we are even where to clean it up. eries. That is wrong. we are right now. I think that, collec- In response to the public health threat, 42 It should be possible for there to be tively, the House of Representatives States have established action levels, cleanup responsibility where the polluters pay, should remember that this very provi- levels, or drinking water standards for MTBE; and that is exactly what this amend- sion took down the entire energy bill 19 States have imposed full or partial bans on ment allows. It leaves ethyl alcohol in the last Congress. That is how im- MTBE in gasoline. and other renewables okay, but it re- portant this provision is. In justifying the ‘‘safe harbor,’’ some will moves MBTE from the liability waiver. Now we have this debate about claim that Congress established a mandate to use MTBE when it passed the Clean Air Act’s APRIL 5, 2005. whether polluters should pay. I do not 2 percent oxygenate requirement in the early OPPOSE THE MTBE LIABILITY WAIVER care what district anyone represents in this country. No constituent is going 1990s. That’s not true. DEAR MEMBERS OF THE HOUSE ENERGY AND First, the industry didn’t have to use MTBE COMMERCE COMMITTEE: the undersigned orga- to stand up and say, Put the tax burden to meet the oxygenate requirement; it had al- nizations—representing thousands of may- on us and allow the industry to get ternatives such as ethanol and other petro- ors, city council members, county officials, away with it. towns and townships, drinking water sys- That is what this amendment is leum-based products. Second, the industry lobbied Congress to tems and public works departments—reit- about. That is why we should all vote erate our strong opposition to providing ensure that MTBE could be used to meet the for the Capps amendment. product liability immunity to the producers oxygenate requirement. of MTBE. The base bill contains a provision Third, at the time Congress was debating The liability waiver amounts to a massive that creates a safe harbor. What does the oxygenate requirement, some producers unfunded mandate on local governments and that mean? It lets the industry off the already knew MTBE was likely to seep into citizens. hook. It relieves the industry of any MTBE producers, according to documents groundwater at faster rates and persist at obligation to pay even a portion of the greater levels than other gasoline compo- in recent litigation, put this contaminant estimated $29 billion of cost of cleaning into commerce knowing it could contami- nents. In fact, in the South Lake Tahoe law- up drinking water that has been con- nate drinking water supplies. Under the suit, ARCO admitted that it withheld informa- MTBE product liability waiver, these pro- taminated by this product. tion about groundwater contamination from ducers would be rendered unaccountable. b 1430 Congress. Thousands of water sources have been con- We know the product has contami- Mr. Chairman, we’re not talking about clean taminated, and as MTBE spreads, more and hands here. There’s a reason the refiners and more communities will be forced to shut nated groundwater. Now we are send- down wells or undertake a costly cleanup ing the bill to local governments. the MTBE producers are losing in court; program. The National Association of Coun- there’s a reason they’re settling claims. Here are some important facts to remem- ties, the National League of Cities, at- They’re responsible for the mess. ber. torneys general from across the United Why are we creating a safe harbor for 1. MTBE was never mandated, and Con- States have weighed in. This is not just them? gress is not obligated to provide the pro- Nobody outside of the industry thinks this simply a matter of who pays. It is also ducers ‘‘safe harbor.’’ And, regardless, the provision is a good idea. producers put MTBE into gasoline well be- a matter of public health. In 2003, 14 attorneys general, including the fore the Clean Air Act Amendments of 1990 I agree with my colleague, the gen- attorneys general of California, New York, Col- and with knowledge of its environmental tleman from New Hampshire (Mr. dangers. orado, Connecticut, Illinois, Maryland, Massa- BASS). Of course it is a matter of public chusetts, Minnesota, New Hampshire, New 2. One estimate by experts puts the clean- health. Why do we need a task force to up cost in excess of $29 billion. Mexico, Rhode Island, Vermont, Washington, 3. The liability waiver would retroactively try and figure this out? Let us make and Wisconsin wrote in opposition to providing block hundreds of communities’ legitimate the bill right. Let us not stand on the a safe harbor for MTBE. suits that have been filed already and could wrong leg and try and defend some- In April of this year, the U.S. Conference of preempt hundreds more, leaving commu- thing that is indefensible. This is an Mayors, the National League of Cities, the Na- nities with a multi-billion dollar unfunded unfunded mandate. The CBO has tional Association of Counties, the Association mandate from Congress. weighed in and said that. The Congress 4. The Leaking Underground Storage Tank of California Water Agencies and other sent has responded to unfunded mandates letters voicing their opposition. fund was not intended to address the over- by having rule XVIII in the House whelming amount of contamination commu- This is a bad provision and we should strip nities are experiencing. Moreover, taxpayers rules. it from the bill. should not pay for MTBE cleanup. So I ask my colleagues on a bipar- Vote for this amendment. Please oppose the MTBE liability waiver. tisan basis, let us do the right thing. Mrs. CAPPS. Mr. Chairman, I am Sincerely, Let us pass the Capps amendment. pleased to yield 2 minutes to my col- Tom Cochran, Executive Director, The Mr. Chairman, the base bill contains a provi- league, the gentleman from Maine (Mr. U.S. Conference of Mayors; Donald J. sion that creates a ‘‘safe harbor’’ preventing ALLEN). Borut, Executive Director, National defective product claims against the producers Mr. ALLEN. Mr. Chairman, I rise in League of Cities; Larry Naake, Execu- tive Director, National Association of of gasoline that contains MTBE. support of the Capps amendment. This Counties; Allen R. Frischkorn Jr., Ex- What this ‘‘safe harbor’’ does is relieve in- is really about what are we really ecutive Director, National Association dustry of any obligation to pay even a portion doing here in Congress. Are we here to of Towns and Townships; Diane VanDe of the estimated $29 billion cost of cleaning up protect the profits of oil companies, or Hei, Executive Director, Association of drinking water that’s been contaminated by its are we here to protect the States and Metropolitan Water Agencies; Jack product. communities from which we come? Hoffbuhr, Executive Director, Amer- Instead, the burden of MTBE clean up will Let me just tell my colleagues the ican Water Works Association; Steve fall entirely on States and localities. story as it applies to me. In 1995, refor- Hall, Executive Director, Association mulated gas containing MTBE entered of California Water Agencies; Peter B. It’s an unfunded mandate and a tax on the King, Executive Director, American American people. the marketplace in Maine. Two years Public Works Association; Larry In California, successful lawsuits have led to later, the Maine Bureau of Health re- Libeu, President, Western Coalition of substantial settlements with oil companies, ported that they found MTBE in 7 per- Arid States; Thomas F. Donnelly, Ex- and these settlements have enabled some cent of Maine’s public water supplies.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2423 One year later, in 1998, it was found in wrong decision. We need to work this record as to whether you favor or op- 16 percent of Maine’s water supplies. So out. We need to make sure that we sup- pose this unfunded mandate. that is how we learned about MTBE. port the Capps amendment and that we To my friends who sometimes vote But let us just go back 15 years, go do everything we can to educate the against things claiming that they are back 15 years. In 1981, Shell engineers public of the harmful effects of MTBE, mere partisan procedural votes, this is were joking that MTBE stood for Most because in the State of California, we different. This is not a procedural vote. Things Biodegrade Easier, or Menace are plagued with having to clean up This is an amendment to strike out Threatening Our Bountiful Environ- this water. We have higher standards language that gets MTBE producers off ment, or Major Threat to Better Earn- there. the hook for polluting our drinking ings. We should be looking at models, water and sticks average taxpayers We have had a discussion here about models from other States. Just as the with the bill. what Members of Congress knew back Republicans used to agree that local So this is a different vote from the in the 1990s. What we know now is that control was a primary factor in their vote we had yesterday. the industry knew in the early 1980s agenda back in the 1990s, now they are Let me say to my friends in the Re- that this was a hazard to groundwater saying it does not cut it anymore. Our publican leadership, you could have and they went ahead and put it in the colleagues have to be clear. They have avoided the scene we saw on the House gasoline anyway. So now the question to understand that there is something floor today. The gentlewoman from is, who pays? The manufacturers or the very wrong with this system and that California (Mrs. CAPPS) brought her taxpayers in all of our communities? the public is crying out for elected offi- amendment to the Committee on Rules The majority is saying the taxpayers cials like ourselves to say, this must Tuesday night and asked for an oppor- should pay. stop. Do not hold the taxpayers liable tunity to consider this amendment on Well, there is a court in Manhattan for the corporations that are actually the House floor. But the heavy hand of yesterday, New York Federal District polluting our water. the gentleman from Texas (Mr. DELAY) Court refused to dismiss 80 lawsuits Mrs. CAPPS. Mr. Chairman, I am and the Republican leadership denied brought on the ground that the major- pleased to yield 2 minutes to the gen- her. I am happy that we have the op- ity is trying to eliminate, and the tleman from Massachusetts (Mr. portunity to right that wrong. judge said, innocent water providers MCGOVERN). This vote is clear. You either favor and, ultimately, innocent water users, Mr. MCGOVERN. Mr. Chairman, the unfunded mandates or you do not. You Republican leadership acts as if there should not be denied relief from the either want to reward polluters at tax- is one set of rules for Republicans and contamination of their water supply if payers’ expense or you do not. defendants breached a duty to avoid an another set of rules for the rest of us. Vote for the Capps amendment. Well, it has taken more than 4 hours, unreasonable risk of harm from their The Acting CHAIRMAN (Mr. SIMP- but they have finally, reluctantly rec- products. That lawsuit includes the SON). The gentlewoman from California ognized that at least on this occasion a State of New Hampshire as plaintiff, has 1 minute remaining, and the gen- Democrat, the gentlewoman from Cali- many municipalities, the City of New tleman from Texas has 30 seconds re- fornia (Mrs. CAPPS), has a right to offer York. maining. an amendment, a good amendment So here we are, here we are. Who will Mrs. CAPPS. Mr. Chairman, I yield that strikes a provision in this bill pay? The majority says, certainly not the remaining time to the gentleman that protects polluters and penalizes the manufacturers. The Capps amend- from Oregon (Mr. BLUMENAUER). taxpayers. Mr. BLUMENAUER. Mr. Chairman, ment and we say, those responsible For people who are not familiar with three brief points. We are back here be- should pay. the rules of the House, here is what is Mrs. CAPPS. Mr. Chairman, I am cause of the obsession of the majority going on. In 1995 the Republicans pleased to yield 2 minutes to my col- passed a law called the Unfunded Man- leader, the gentleman from Texas (Mr. league, the gentlewoman from Cali- dates Reform Act. The purpose of the DELAY), to provide the relief to the oil fornia (Ms. SOLIS). law was to prevent the Federal Govern- companies. My friend, the gentleman Ms. SOLIS. Mr. Chairman, I also rise ment from passing bills that impose from California (Mr. WAXMAN), said to support the Capps amendment to unfunded mandates on our State and that this was one of several oxygenated eliminate MTBE, the safe harbor liabil- local governments. At the time, they options. That is what the chairman of ity. touted this law as a sign that they the committee raised. He did not pick The provision, as many of my col- would run the government differently one of them. leagues know, is an unfunded mandate and show more respect to local govern- The second point is that we have not on our communities and water pro- ments. They issued thousands of press voted on this. The procedural vote that viders. In fact, I will submit for the releases patting themselves on the we had yesterday was without the RECORD a list of 10 of those major orga- back for this legislative accomplish- focus from the CBO that this is, in fact, nizations in opposition to the MTBE li- ment. an unfunded mandate. The people of ability waiver. The U.S. Conference of Well, here is the problem. According this Chamber will be voting with the Mayors, National League of Cities, Na- to the Congressional Budget Office, not knowledge that if they do not approve tional Association of Counties, and the the gentlewoman from California (Mrs. the Capps amendment, they will be im- National Association of Towns and CAPPS), not the gentleman from Massa- posing unfunded costs. Townships are all opposed to shielding chusetts (Mr. MCGOVERN), not the gen- Last, but not least, it is obscene that these folks. tlewoman from California (Ms. PELOSI), we would be transferring these costs to In addition to that, I would like to but according to the Congressional local communities when we are giving tell my colleagues that right now as it Budget Office, the MTBE provision in billions to the oil companies under this stands, we are not paying for sufficient this bill is a big, fat unfunded mandate. bill, and they are already enjoying un- cleanup as it is of underground storage That is the bottom line. The other side precedented profits. tanks where we know MTBE is leaking. can spin it all they want, but CBO says It is not fair. It is not right. I strong- We are doing a foul job on behalf of the this is an unfunded mandate. ly urge the approval of the Capps American public. Approximately 136,000 To my friends who want to protect amendment. leaks are not being addressed right the polluters, I say, come up with the The Acting CHAIRMAN. The gen- now, and EPA anticipates that over the money to pay for it. Do not pass it on tleman from Texas has 30 seconds re- next decade anywhere from 6,000 to to communities that are already maining. 12,000 new leaks will occur each year. strapped for cash. Do not pass the Mr. BARTON of Texas. First, I yield Who is going to get caught with the buck. Cleaning up the MTBE drinking for a unanimous consent request to the tab to clean that up? Guess who? Our water contamination could cost our gentleman from California (Mr. DOO- local townships, our local municipali- local communities as much as $29 bil- LITTLE). ties, our States, and the public. lion. (Mr. DOOLITTLE asked and was Despite the need to clean up funds Thanks to the Capps amendment, given permission to revise and extend through EPA, we know that this is a you will have the opportunity to go on his remarks.)

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2424 CONGRESSIONAL RECORD — HOUSE April 21, 2005 Mr. DOOLITTLE. Mr. Chairman, I estimated cleanup of MTBE in South Lake there are ‘‘negative results’’ or inadequate evi- urge defeat of this amendment. Tahoe is just over $69 million. These funds dence that would merit classification of MTBE Mr. BARTON of Texas. Mr. Chair- will be used for a combination of treating con- as a carcinogen. man, to close the debate, I yield the re- taminated sources and drilling new wells to re- Regardless, we do not want MTBE in our maining 30 seconds to the gentleman place the bad ones. drinking water. But nor do we want benzene from Michigan (Mr. UPTON). The City of Santa Monica, CA, has also ex- nor any other gasoline component that may be Mr. UPTON. Mr. Chairman, let me perienced the impacts of fowled water quality seeping into our groundwater. say at the beginning, I am no fan of resulting from MTBE and recently settled its That is why the energy bill bans its use in MTBE, and my State has banned it. lawsuit for just over $325 million. Mr. Speaker, gasoline. That is why there are provisions in But let me point out a couple of facts. these are just two of many examples of the the bill that will send more Leaking Under- In this bill, the LUST fund, Leaking serious problems caused by the use of MTBE. ground Storage Tank Trust fund money to Underground Storage Tanks fund, has In fact, to date, the legal fees, costs, and set- help cleanup orphaned and abandoned sites. $2.1 billion to clean up these tanks. We tlement for MTBE litigation in California is over In conclusion, I oppose the Capps amend- have an additional $1 billion for oxy- $750 million alone. Furthermore, the water in- ment. genate as well. And a precedent exists. dustry estimates that full cleanup of MTBE Ms. SOLIS. Mr. Chairman, I wholeheartedly The Federal Government mandated contamination across the country will be over support my colleague, Ms. CAPPS’, amend- that we had to have oxygenate in this $29 billion. ment to eliminate the MTBE safe harbor liabil- bill in the past and we have done that Mr. Chairman, MTBE contamination is a se- ity shield. before, we have done that with flu vac- rious problem in California, and it is time for This provision is an unfunded mandate on cine, we have done that for Biomate- the Federal Government to admit that its overt our communities and water providers who will rials Access Insurance fund. The gov- promotion of MTBE is a major reason why we be left holding the tab while the polluters cash ernment mandated it. We have to pro- now find this additive in the water supplies of in. tect people that carried through on our communities. Our communities and those organizations those provisions. For this reason, I am an ardent supporter of representing them oppose this language. I accept the agreement that is going expanding the Leaking Underground Storage These include: The U.S. Conference of to be made between the gentleman Tank, LUST, fund and am happy that Chair- Mayors, the National League of Cities, the Na- from New Hampshire (Mr. BASS) and man BARTON has agreed to increase the tional Association of Counties, the National the chairman to work this out. fund’s expenditures to over $2 billion over 5 Association of Towns and Townships, the As- Please vote ‘‘no’’ on the Capps years. The expanded LUST fund will give local sociation of Metropolitan Water Agencies, the amendment. communities the necessary resources to iden- American Water Works Association, the Asso- Mr. DOOLITTLE. Mr. Chairman, today we tify cleanup needs and proceed with actual ciation of California Water Agencies, the West- are about to further our independence on for- cleanup efforts. ern Coalition of Arid States, the American eign sources of energy. I fully support that ef- But more must be done in order to further Public Works Association, and the National fort and urge my colleagues to do so as well. protect communities like South Lake Tahoe. Water Resources Association. However, one item of particular concern to me Representative CHARLIE BASS has offered a Supporters of this language, like the Na- is the contamination of groundwater by proposal that would create a task force to tional Petrochemical and Refiners Association, MTBE—a fuel additive that has been fully sup- seek a resolution to the MTBE cleanup issues claim that 96 percent of cleanups are paid for ported and promoted by this Congress and in both New Hampshire and California. by the responsible parties, insurance compa- our Federal Government. I think this proposal is an important first nies, or state cleanup funds, and that future It is interesting to note that MTBE was first step, and I encourage the House leadership to cleanup funds will be adequately paid for. approved for use as a fuel additive by the En- take a serious look at Representative BASS’s Similarly, supporters also believe that the vironmental Protection Agency, EPA, in 1979. proposal and work towards a more com- funding this bill authorizes through the leaking In 1988, the EPA approved the use of MTBE prehensive solution for MTBE contamination in underground storage tank trust fund will be once again and significantly increased the our communities. sufficient to pay for cleanups. amount of it that could be used in fuel. In the end, Mr. Chairman, the Federal Gov- What supporters are ignoring is that the ex- In 1990, Congress passed amendments to ernment helped cause this problem and the isting authorizing program for regular clean- the Clean Air Act which mandated a fuel oxy- Federal Government needs to help resolve it. ups, not intended solely for MTBE cleanups, is genate. In its regulations implementing those The solution is not more litigation and law- severely underfunded and State programs are amendments, the EPA once again approved suits, but recognition that the Federal Govern- broke. MTBE for use as an additive in gasoline. ment pushed MTBE on our communities, and Approximately 136,000 leaks are not being These three instances show direct promotion now our communities need our help. addressed yet, and EPA anticipates that over by the Congress and the Federal Government Mr. BURGESS. Mr. Chairman, I rise in op- the next decade there will be between 6,000 of the use of MTBE. It is important to point out position to the Capps amendment. and 12,000 new leaks each year. that these actions, including the amendments During our committee hearing on February EPA currently fails to meet its program goal to the Clean Air Act, were vigorously sup- 16, 2005, we had a lively and substantial de- of cleaning up 21,000 sites per year. In 2003, ported by both parties in Congress and many bate on the MTBE limited defective product li- the EPA only cleaned up 18,000 sites—3,000 national environmental organizations which ability waiver contained in the energy bill. sites short of its goal. In 2004, only 14,235 hailed MTBE as a great victory for clean air. And during our markup last week, the com- sites were cleaned up—7,000 sites short of While it’s true that MTBE is a great product mittee considered a number of amendments EPA’s goal. for cleaner air, it unfortunately contaminates on the MTBE provisions, including several of- Despite the need for cleanup funds and the water. In fact, my constituents in South fered by Mrs. Capps. EPA’s inability to meets its cleanup goal, this Lake Tahoe have personal experience with During our hearing on the 16th, we heard administration has cut funding for cleanups by this problem because in 1996 they discovered testimony from many different people, includ- 8 percent, from $72 million in fiscal year 2001 that their water supply had been contaminated ing Mr. Erik Olson on behalf of the National to $69.4 million in the fiscal year 2005 omni- by MTBE. Consequently, 18 out of 34 wells in Resources Defense Council. bus. South Lake Tahoe were shut down or suffered During his testimony, Mr. Olson alleged that Cleanups are not an administration priority. limited pumping to contain the contamination. MTBE causes cancer. Later in the hearing, I Cleanups are not the appropriators’ priority. As a result, my constituents lost 3.4 million asked Mr. Olson if there is any conclusive evi- Supporters can talk all day long about au- gallons of water a day. dence that proves that MTBE causes cancer thorizing ‘‘sufficient’’ funds but it means noth- Because I believe strongly that the Federal in humans. Mr. Olson was unable to answer. ing. Government is responsible for MTBE contami- That is because there is no evidence that The reality is that this is an unfunded man- nation, I fought for and succeeded in getting MTBE does cause cancer in humans. date and our cities, communities and water the Federal Government to participate in the In fact, in the U.S. Department of Health providers will be left holding the bag. An un- cleanup of MTBE from South Lake Tahoe and Human Services’ 2002 Report to Con- funded mandate on states which are paid for water by authorizing and appropriating $1 mil- gress, HHS found that there is not sufficient by taxpayers and largely broke. lion in the Lake Tahoe Restoration Act of evidence to list MTBE as a carcinogen. In Arizona, California, Georgia, Illinois, Ken- 2000, P.L. 105–506. That appropriation was Even the World Health Organization and the tucky, Maryland, Minnesota, Montana, New just a drop in the bucket, however, as the total European Union have both concluded that Hampshire, Oklahoma, Rhode Island, South

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2425 Dakota, Texas, Virginia and Wisconsin the COMMUNITIES THAT HAVE FILED MTBE LAWSUITS AGAINST COMMUNITIES THAT HAVE FILED MTBE LAWSUITS AGAINST funds are serviced exclusively with fuel taxes. OIL COMPANIES—Continued OIL COMPANIES—Continued Programs in Alabama, Arkansas, Colorado, Florida, Iowa, Indiana, Louisiana, Massachu- State Client Case Status State Client Case Status setts, Maine, Mississippi, North Carolina, IN ...... Southbend ...... Filed 11–20–03 NY ...... Suffolk County ...... Filed 10–20–02 IA ...... City of Galva ...... Filed 9–30–03 NY ...... Town of Wappinger ...... Filed 4–28–04 North Dakota, Nebraska, New Mexico, Ne- IA ...... City of Ida Grove ...... Filed 9–30–03 NY ...... United Water New York, Inc...... Filed 11–10–03 vada, New York, Pennsylvania, South Caro- IA ...... City of Sioux City ...... Filed 9–30–03 NY ...... Village of Pawling ...... Filed 11–18–03 IL ...... Island Lake ...... Filed 11–18–03 NY ...... Village of Sands Point ...... Filed 11–05–03 lina, Tennessee and Vermont are funded pre- IL ...... Village of East Alton (Individual Action) Filed 2001 NY ...... Western Nassau Water Authority ...... Filed 10–02–03 dominantly by fuel taxes. IL ...... Village of East Alton (Class Action) ...... Filed 9–30–03 NY ...... Village of Mineola ...... Unknown KS ...... Bel Aire ...... Filed 11–14–03 NY ...... Village of Hempstead ...... Unknown In fact, Alaska, Delaware, Hawaii, Maryland, KS ...... Chisholm Creek Utility Authority ...... Filed 11–14–03 NY ...... West Hempstead Water District ...... Unknown Oregon, Washington and West Virginia don’t KS ...... Dodge City ...... Filed 11–14–03 NY ...... Town of South Hampton ...... Unknown KS ...... Park City, City of ...... Filed 11–18–03 NY ...... Town of East Hampton ...... Unknown have cleanup funds. LA ...... City of Marksville ...... Filed 11–20–03 NY ...... Carle Place Water District ...... Unknown More than 12 States have funds with more LA ...... City of Rayville ...... Filed 1–20–04 NY ...... Westbury Water District ...... Unknown claims than money. The entire Texas financial MA ...... Brimfield Housing Authority (Brimfield, Filed 9–30–03 NY ...... Plainview Water District ...... Unknown MA). NY ...... Christ the King Catholic Church (Queens) Unknown assurance fund will sunset on September 1, MA ...... Centerville-Osterville-Marsons Mills Water Filed 11–17–03 NC ...... Bobbie Adams, et al ...... Filed 8–15–03 2006. Tennessee’s fund is in the process of Department. PA ...... Northhampton Bucks County ...... Filed 3–11–04 MA ...... Chelmsford Water District (Chelmsford, Filed 9–30–03 VT ...... Craftsbury Fire District #2 ...... Filed 1–12–04 going broke; Michigan needs an estimated MA). VT ...... Town of Hartland ...... Filed 11–18–03 $1.7 billion to cleanup orphan sites. If you are MA ...... Dedham Westwood Water District ...... Filed 11–17–03 VA ...... Buchanan County School Board ...... Filed 11–10–03 MA ...... City of Brockton ...... Filed 11–17–03 VA ...... Greensville County Water & Sewer Au- Filed 11–17–03 from Florida, your state stopped accepting MA ...... City of Methuen ...... Filed 11–17–03 thority. claims years ago. Arizona, Minnesota, Mis- MA ...... City of Peabody ...... Filed 9–30–03 VA ...... Patrick County School Board ...... Filed 10–30–03 MA ...... Cotuit Fire District Water Department Filed 9–30–03 WV ...... Matoaka ...... Filed 1–20–04 souri, Nebraska and Vermont will all have (Cotuit, MA). MA ...... East Chelmsford Water District Filed 9–30–03 Source: Environmental Working Group. Data on MTBE lawsuits obtained stopped accepting claims by 2010, and Kan- (Chelsford, MA). from court records and law firms representing communities. Information on sas and North Dakota, will not accept claims MA ...... Hillcrest Water District (Leicester, MA) .... Filed 9–30–03 MTBE contamination is derived from data obtained from state agencies MA ...... Leicester Water Supply District (Leicester, Filed 9–30–03 under the Federal Freedom of Information Act or state public records laws. after 2014. MA). Data were unavailable for some states; other states reported no MTBE de- The bottom line is that, unlike supporters of MA ...... Massasoit Hills Trailer Park, Inc...... Filed 11–17–03 tections. Some states currently do not require reporting of MTBE detections. the safe harbor provision would like to believe, MA ...... North Chelmsford Water District Filed 9–30–03 (Chelsford, MA). MTBE CONTAMINATION IS SOARING the Federal Government is not funding the MA ...... North Raynham Water District ...... Filed 11–17–03 cleanups and the State programs cannot af- MA ...... Sandwich Water District ...... Filed 11–17–03 Although the use of MTBE in gasoline is MA ...... South Sagamore Water District ...... Filed 9–30–03 ford to fund the cleanups. Authorizing money rapidly declining, detections of MTBE in MA ...... Sudbury Water District ...... Filed 11–17–03 water supplies are soaring. The number of in this bill will not solve that problem. MA ...... Town of Avon ...... Filed 11–17–03 MA ...... Town of Bedford ...... Filed 11–17–03 water systems reporting MTBE contamina- Colleagues, the Federal Government is not MA ...... Town of Bellingham ...... Filed 11–17–03 tion in tap water supplies increased more paying for cleanups and language amending MA ...... Town of Charlton ...... Filed 9–30–03 MA ...... Town of Danvers ...... Filed 11–17–03 than 15-fold between 1996 and 2004, from 137 the LUST program—supported by Repub- MA ...... Town of Dover ...... Filed 11–17–03 to 1,861, and the number of states reporting licans—will do nothing to help, in fact, it will MA ...... Town of Dudley ...... Filed 9–30–03 problems more than doubled, from 11 to 29, MA ...... Town of Duxbury ...... Filed 9–30–03 further hinder the EPA’s ability to clean up MA ...... Town of East Bridgewater ...... Filed 11–17–03 according to EWG Action Fund’s analysis of these sites and States’ ability to prevent con- MA ...... Town of East Brookfield ...... Filed 11–17–03 state water testing data. These figures are MA ...... Town of Edgartown ...... Filed 9–30–03 not necessarily systems whose customers are tamination. MA ...... Town of Halifax ...... Filed 9–30–03 This leaves taxpayers footing the bill instead MA ...... Town of Hanover ...... Filed 9–30–03 currently drinking MTBE in their tap water, MA ...... Town of Hanson ...... Filed 11–17–03 but those where it has been detected some- of manufacturers. When taxpayers realize their MA ...... Town of Holliston ...... Filed 11–17–03 where in the system. The total number of money is being spent cleaning up the mess of MA ...... Town of Hudson ...... Filed 9–30–03 MA ...... Town of Maynard ...... Filed 9–30–03 contaminated systems includes private corporate polluters who got rich off voluntarily MA ...... Town of Merrimac ...... Filed 11–17–03 water supplies that may serve only a single using MTBE, when they realize that the Fed- MA ...... Town of Millis ...... Filed 11–17–03 customer, but more than 60 percent (about MA ...... Town of Monson ...... Filed 9–30–03 eral Government transferred a HUGE un- MA ...... Town of Norfolk ...... Filed 11–17–03 1,100 systems) supply drinking water to cit- funded mandate onto them, those doing the MA ...... Town of North Attleborough ...... Filed 11–17–03 ies, counties, rural communities and schools. dirty work, those supporting this provision, will MA ...... Town of North Reading ...... Filed 11–17–03 In the majority of the affected commu- MA ...... Town of Norwell ...... Filed 11–17–03 nities, consumers are unaware of the con- be responsible. MA ...... Town of Pembroke ...... Filed 9–30–03 MA ...... Town of Reading ...... Filed 11–17–03 tamination because water utilities take The San Gabriel Valley Tribune said it best MA ...... Town of Salisbury ...... Filed 4–21–04 steps to protect them as soon as MTBE is de- when they said ‘‘polluters should foot the bill.’’ MA ...... Town of Spencer ...... Filed 9–30–03 tected. MTBE contamination as low as two MA ...... Town of Stoughton ...... Filed 11–17–03 I urge my colleagues to support efforts to MA ...... Town of Tewksbury ...... Filed 9–30–03 parts per billion—two drops in an Olympic- strip this unfunded mandate from the energy MA ...... Town of Tyngsboro ...... Filed 9–30–03 sized swimming pool—can produce a harsh MA ...... Town of Ware ...... Filed 9–30–03 chemical odor and taste that can cause tap bill. MA ...... Town of Wayland ...... Filed 9–30–03 MA ...... Town of West Bridgewater ...... Filed 11–17–03 water to be undrinkable. To cope with the COMMUNITIES THAT HAVE FILED MTBE LAWSUITS AGAINST MA ...... Town of West Brookfield ...... Filed 9–30–03 problem, water utilities must either blend MA ...... Town of Weymouth ...... Filed 11–17–03 MTBE-contaminated water with clean OIL COMPANIES MA ...... Town of Wilmington ...... Filed 11–17–03 MA ...... Town of Yarmouth ...... Filed 11–17–03 sources to dilute the chemical, install costly State Client Case Status MA ...... United Methodist Church (Wellfleet, MA) Filed 9–30–03 systems to remove it, or abandon affected MA ...... Water Supply District of Acton ...... Filed 4–21–04 wells and find new water sources. The Amer- CA ...... California-American Water Company Filed 9–30–03 MA ...... Westport Federal Credit Union ...... Filed 11–17–03 (Monterrey). MA ...... Westview Farm, Inc. (Monson, MA) ...... Filed 9–30–03 ican Water Works Association, representing CA ...... California-American Water Company Filed 9–30–03 NH ...... City of Dover ...... Filed 11–20–03 4,700 U.S. water systems, estimates nation- (Sacramento County). NH ...... City of Portsmouth ...... Filed 10–24–03 wide MTBE cleanup and water replacement CA ...... California Water Service Company ...... Filed 12–30–04 NH ...... State of New Hampshire ...... Filed 9–30–03 CA ...... Citrus Heights Water District ...... Filed 9–30–03 NJ ...... Thoedore Holten, et al ...... Filed 08–25–00 costs at $29 billion—and rising with each new CA ...... City of Riverside ...... Filed 10–17–03 NJ ...... Borough of Penns Grove ...... Filed 10–23–03 detection. CA ...... City of Roseville ...... Filed 10–16–03 NJ ...... City of Bridgeton ...... Filed 10–23–03 MTBE contamination affects communities CA ...... City of Sacramento ...... Filed 9–30–03 NJ ...... City of Camden ...... Filed 10–23–03 CA ...... Del Paso Manor Water District ...... Filed 9–30–03 NJ ...... City of Gloucester City ...... Filed 10–23–03 of all sizes, with contamination reported CA ...... Fair Oaks Water District ...... Filed 9–30–03 NJ ...... City of Winslow ...... Filed 11–20–03 from large systems like San Diego, where CA ...... Florin Resource Conservation District ...... Filed 9–30–03 NJ ...... Elizabethtown Water Company ...... Filed 10–23–03 the water utility serves 1.2 million people, to CA ...... Martin Silver, et. al...... Filed 9–30–03 NJ ...... Little Egg Harbor Township ...... Filed 11–21–03 CA ...... Orange County Water District ...... Filed 5–06–03 NJ ...... Mount Holly Water Company ...... Filed 10–23–03 the Millbrook Country Day School in Massa- CA ...... Quincy Community Services District ...... Filed 11–07–03 NJ ...... Mount Laurel Municipal Utilities Authority Filed 10–23–03 chusetts, serving 25 students and teachers. CA ...... Rio Linda Elverta Community Water Dis- Filed 9–30–03 NJ ...... New Jersey American Water Company, Inc Filed 10–23–03 MTBE has been detected in water supplies trict. NJ ...... Penns Grove Water Supply Company, Inc Filed 10–23–03 CA ...... Sacramento County Water Agency ...... Filed 9–30–03 NJ ...... Point Pleasant ...... Filed 11–21–03 serving 32 million people in California, about CA ...... Sacramento Groundwater Authority ...... Filed 9–30–03 NJ ...... Southeast Morris County Municipal Utili- Filed 4–28–04 4.7 million in New Jersey, about 2.2 million CA ...... Sacramento Suburban Water District ...... Filed 9–30–03 ties Authority. in Massachusetts and 1 million in Texas. CA ...... San Juan Water District ...... Filed 9–30–03 NJ ...... Township of Montclair ...... Filed 11–17–03 CA ...... The People of the State of California ...... Filed 9–30–03 NJ ...... United Water Arlington Hills, Inc...... Filed 11–17–03 CT ...... Columbia Board of Education ...... Filed 9–30–03 NJ ...... United Water Hampton, Inc...... Filed 11–17–03 MTBE HAS BEEN FOUND IN TAP WATER IN AT LEAST 29 CT ...... Horace Porter School ...... Filed 9–30–03 NJ ...... United Water New Jersey, Inc...... Filed 11–17–03 CT ...... Town of East Hampton ...... Filed 10–22–03 NJ ...... United Water Toms River, Inc...... Filed 11–17–03 STATES CT ...... American Distilling and Mfg. Co. Inc...... Filed 10–22–03 NJ ...... United Water Vernon Hills, Inc...... Filed 11–17–03 CT ...... Our Lady of the Rosary Chapel ...... Filed 10–22–03 NY ...... Franklin Square Water District ...... Filed 11–14–03 Number of CT ...... United Water Connecticut, Inc...... Filed 11–07–03 NY ...... Great Neck North ...... Filed 10–28–03 State systems af- Population FL ...... Escambia County Utilities Authority ...... Filed 10–24–03 NY ...... Hicksville ...... Filed 1–23–04 fected by served* IN ...... Campbellsburg ...... Filed 1–12–04 NY ...... Long Island Water Corporation ...... Filed 10–15–03 MTBE IN ...... Town of Mishawaka ...... Filed 11–17–03 NY ...... Nassau County ...... Filed 9–30–03 IN ...... North Newton School Corp...... Filed 11–20–03 NY ...... Port Washington Water District ...... Filed 11–07–03 Alaska ...... 1 36,000 IN ...... City of Rockport ...... Filed 10–24–03 NY ...... Rosyln Water District ...... Filed 4–28–04 Alabama ...... 9 298,000

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2426 CONGRESSIONAL RECORD — HOUSE April 21, 2005 MTBE HAS BEEN FOUND IN TAP WATER IN AT LEAST 29 to remove MTBE from the city’s water sup- 84 HOUSE MEMBERS WHO VOTED TO PROTECT OIL COM- STATES—Continued plies. PANIES FROM LITIGATION IN 2003 ALSO REPRESENT The success of those lawsuits in holding COMMUNITIES WITH MTBE IN THEIR DRINKING Number of the oil companies responsible for MTBE con- systems af- Population tamination sparked the first attempt in 2003 WATER—Continued State fected by served* MTBE by the industry and its political allies to Vote on make it impossible for communities to sue Systems Energy Bill Arkansas ...... 110 593,000 on defective product grounds. In turn, the Member State/District with con- final pas- California ...... 144 32,087,000 tamination sage in Delaware ...... 15 83,000 push for the waiver set off a rush to file law- 2003 Florida ...... 13 857,000 suits by communities with contamination. Iowa ...... 3 3,000 Of the 150–plus cases now in court, all but 38. Hall, Ralph M...... TX–4th ...... 4 Yea Illinois ...... 44 354,000 39. Harris, Katherine ...... FL–13th ...... 1 Yea Indiana ...... 14 193,000 three were filed after September 2003 and 40. Hastert, J. Dennis ...... IL–14th ...... 5 Yea Massachusetts ...... 221 2,243,000 would be thrown out by the retroactive pro- 41. Hoekstra, Peter ...... MI–2nd ...... 1 Yea Maryland ...... 116 196,000 vision of the DeLay-Barton bill. If MTBE 42. Holden, Tim ...... PA–17th ...... 3 Yea Maine ...... 17 58,000 43. Hunter, Duncan ...... CA–52nd ...... 2 Yea Michigan ...... 14 57,000 makers are given immunity from defective 44. Hyde, Henry J...... IL–6th ...... 1 Yea Minnesota ...... 27 224,000 product lawsuits, the burden of cleanup will 45. Issa, Darrell E...... CA–49th ...... 4 Yea Missouri ...... 13 17,000 fall to individual gas station owners, most of 46. Istook, Ernest J. Jr...... OK–5th ...... 4 Yea Nebraska ...... 8 11,000 47. Johnson, Timothy V...... IL–15th ...... 2 Yea New Hampshire ...... 280 409,000 whom lack the kind of money it would take, 48. Kennedy, Mark R...... MN–6th ...... 5 Yea New Jersey ...... 430 4,791,000 and ultimately to the taxpayers. 49. Kline, John ...... MN–2nd ...... 7 Yea New Mexico ...... 5 39,000 In the House, 21 Republicans and five 50. LaHood, Ray ...... IL–18th ...... 7 Yea Nevada ...... 4 231,000 51. Lewis, Jerry ...... CA–41st ...... 3 Yea New York ...... 170 453,000 Democrats who voted for the energy bill and 52. Lucas, Frank D...... OK–3rd ...... 5 Yea Ohio ...... 5 9,000 MTBE liability waiver now are faced with 53. McCotter, Thaddeus G. ... MI–11th ...... 1 Yea Oklahoma ...... 13 6,000 the prospect, if they again support it, of 54. McHugh, John M...... NY–23rd ...... 14 Yea Pennsylvania ...... 47 981,000 55. Manzullo, Donald A...... IL–16th ...... 8 Yea Rhode Island ...... 28 83,000 throwing out a total of 38 lawsuits filed by 56. Neugebauer, Randy ...... TX–19th ...... 2 Yea South Carolina ...... 20 63,000 community water systems in the districts 57. Ney, Robert W...... OH–18th ...... 2 Yea Texas ...... 46 1,080,000 they represent. Three Members are from New 58. Osborne, Tom ...... NE–3rd ...... 4 Yea Virginia ...... 15 12,000 59. Pearce, Stevan ...... NM–2nd ...... 2 Yea Wisconsin ...... 29 234,000 Jersey, which has a total of 430 water sys- 60. Pence, Mike ...... IN–6th ...... 1 Yea tems where MTBE has been detected—far 61. Peterson, Collin C...... MN–7th ...... 3 Yea Total ...... 1,861 21,557,000 more systems than in any other state, sup- 62. Platts, Todd Russell ...... PA–19th ...... 4 Yea to 45,698,000 63., Radanovich, George ...... CA–19th ...... 4 Yea plying drinking water to 4.7 million Garden 64. Ramstad, Jim ...... MN–3rd ...... 2 Yea * Low end estimate excludes systems serving over 1 million people. In State residents. Eleven are from California, 65. Rogers, Mike ...... MI–8th ...... 3 Yea large systems MTBE contamination typically affects only a portion of the where MTBE has been found in 144 water sys- 66. Rogers, Mike ...... AL–3rd ...... 1 Yea population. 67. Ross, Mike ...... AR–4th ...... 50 Yea Source: Environmental Working Group. Data on MTBE lawsuits obtained tems serving more than 32 million people— 68. Sabo, Martin Olav ...... MN–5th ...... 1 Nay from court records and law firms representing communities. Information on almost 90 percent of the state’s population. 69. Sessions, Pete ...... TX–32nd ...... 1 Yea MTBE contamination is derived from data obtained from state agencies An additional 81 House members—74 Re- 70. Shaw, E. Clay Jr...... FL–22nd ...... 1 Yea under the Federal Freedom of Information Act or state public records laws. 71. Sherwood, Don ...... PA–10th ...... 7 Yea Data were unavailable for some states; other states reported no MTBE de- publicans and 9 Democrats—who supported 72., Shimkus, John ...... IL–19th ...... 8 Yea tections. Some states currently do not require reporting of MTBE detections. the energy bill and liability waiver represent 73. Skelton, Ike ...... MO–4th ...... 1 Yea 74 Smith, Lamar S...... TX–21st ...... 12 Yea Important Note: A reported detection of MTBE does not mean the contami- districts where MTBE has been detected in nant was found at any level in finished drinking water that the water sys- 75. Terry, Lee ...... NE–2nd ...... 1 Yea tem delivered to consumers. Some results reflect tests conducted on a water the water supply, but lawsuits have not been 76. Thornberry, Mac ...... TX–13th ...... 1 Yea source, others may reflect results from finished tap water. MTBE contamina- filed. Seven are from California, representing 77. Upton, Fred ...... MI–6th ...... 2 Yea 78. Weldon, Curt ...... PA–7th ...... 5 Yea tion as low as 2 parts per billion produces a harsh chemical odor that ren- districts where 22 water systems have de- ders the tap water undrinkable. For that reason, in the vast majority of the 79. Weller, Jerry ...... IL–11th ...... 5 Yea affected communities water utilities have taken steps to protect consumers, tected MTBE. Thirteen, including Delay and 80. Wilson, Heather ...... NM–1st ...... 1 Yea Barton, are from Texas; in their districts are 81. Wilson, Joe ...... SC–2nd ...... 7 Yea often with costly remedial action, as soon as MTBE is detected and before 82. Wynn, Albert Russell ...... MD–4th ...... 2 Yea water is delivered. Water utilities either blend contaminated water with 29 water systems with MTBE contamination. 83. Young, C. W. Bill ...... FL–10th ...... 1 Yea clean sources to dilute the MTBE in finished water, install costly systems to 84. Young, Don ...... AK–At Large .. 1 Yea remove the chemical, or abandon tainted wells and shift to clean sources. One House member who voted yes in 2003 Community water suppliers would be unable to recover the cost of these (Arkansas Democrat Mike Ross) has 50 water Source: Environmental Working Group. Data on MTBE lawsuits obtained remedies from MTBE manufacturers under the liability shield Republican systems in his district with contamination. from court records and law firms representing communities. Information on leaders have proposed to include in pending national energy legislation. Another (Maryland Republican Roscoe G. MTBE contamination is derived from data obtained from state agencies Data are primarily for community water systems. Comparable data are under the Federal Freedom of Information Act or state public records not available for MTBE contamination of the majority of private wells. Bartlett) has 50. laws. Data were unavailable for some states; other states reported no MTBE detections. Some states currently do not require reporting of MTBE detec- In some communities, a substantial por- tions. tion of the local water supply has been con- 84 HOUSE MEMBERS WHO VOTED TO PROTECT OIL COM- PANIES FROM LITIGATION IN 2003 ALSO REPRESENT taminated, while in many others only one or APRIL 5, 2005. two detections of MTBE have been made. COMMUNITIES WITH MTBE IN THEIR DRINKING WATER OPPOSE THE MTBE LIABILITY WAIVER! But this last fact is less reassuring than it is Vote on DEAR MEMBERS OF THE HOUSE ENERGY AND worrisome. State water testing records ob- Systems Energy Bill tained by EWG indicate that in almost all COMMERCE COMMITTEE: The undersigned or- Member State/District with con- final pas- ganizations—representing thousands of may- systems with just one positive detection of tamination sage in ors, city council members, county officials, MTBE, tests for the compound were con- 2003 towns and townships, drinking water sys- ducted in the last four years. Water systems 1. Akin, W. Todd ...... MO–2nd ...... 2 Yea tems and public works departments—reit- nationwide are wrapping up a years-long 2. Baca, Joe ...... CA–43rd ...... 2 Yea erate our strong opposition to providing process of meeting federal requirements 3. Bachus, Spencer ...... AL–6th ...... 2 Yea 4. Barrett, J. Gresham ...... SC–3rd ...... 4 Yea product liability immunity to the producers mandating testing for ‘‘unregulated con- 5. Bartlett, Roscoe G...... MD–6th ...... 50 Yea of MTBE. 6. Barton, Joe ...... TX–6th ...... 1 Yea taminants’’ like MTBE. This suggests that The liability waiver amounts to a massive MTBE is only now showing up in many 7. Berry, Marion ...... AR–1st ...... 28 Yea 8. Biggert, Judy ...... IL–13th ...... 1 Yea unfunded mandate on local governments and drinking water systems. The prospect that 9. Blunt, Roy ...... MO–7th ...... 2 Yea citizens. the MTBE contamination crisis has yet to 10. Bonilla, Henry ...... TX–23rd ...... 3 Yea MTBE producers, according to documents peak makes the scheme to shield polluters 11. Bonner, Jo ...... AL–1st ...... 5 Yea 12. Boozman, John ...... AR–3rd ...... 18 Yea in recent litigation, put this contaminant from liability all the more troubling. 13. Brady, Kevin ...... TX–8th ...... 1 Yea into commerce knowing it could contami- Also rising rapidly are lawsuits against the 14. Brown, Henry E. Jr...... SC–1st ...... 1 Yea nate drinking water supplies. Under the oil companies by communities whose water 15. Burgess, Michael C...... TX–26th ...... 1 Yea 16. Buyer, Steve ...... In–4th ...... 3 Yea MTBE product liability waiver, these pro- is contaminated with MTBE. Since 2003, 155 17. Camp, Dave ...... MI–4th ...... 3 Yea ducers would be rendered unaccountable. water systems in 17 states have filed suits 18. Cantor, Eric ...... VA–7th ...... 3 Yea Thousands of water sources have been con- arguing that MTBE is a defective product, 19. Carter, John R...... TX–31st ...... 2 Yea 20. Cole, Tom ...... OK–4th ...... 4 Yea taminated, and as MTBE spreads, more and and that refiners knew that it would con- 21. Culberson, John Abney ... TX–7th ...... 2 Yea more communities will be forced to shut taminate groundwater before they began 22. Cunningham, Randy CA–50th ...... 1 Yea down wells or undertake a costly cleanup adding it to gasoline but failed to warn con- ‘‘Duke’’. 23. Davis, Jo Ann ...... VA–1st ...... 1 Yea program. sumers. In 2002 that argument, outlined in 24. DeLay, Tom ...... TX–22nd ...... 1 Yea Here are some important facts to remem- devastating detail in industry documents, 25. Dreier, David ...... CA–26th ...... 6 Yea ber: convinced a jury to find Shell, Texaco and 26. Emerson, Jo Ann ...... MO–8th ...... 4 Yea 1. MTBE was never mandated, and Con- 27. Evans, Lane ...... IL–17th ...... 6 Yea four other companies liable for contami- 28., Everett, Terry ...... AL–2nd ...... 1 Yea gress is not obligated to provide the pro- nating drinking water supplies in South 29. Feeney, Tom ...... FL–24th ...... 1 Yea ducers ‘‘safe harbor.’’ And, regardless, the Lake Tahoe, Calif., forcing a $60 million set- 30. Foley, Mark ...... FL–16th ...... 3 Yea producers put MTBE into gasoline well be- 31. Gerlach, Jim ...... PA–6th ...... 11 Yea tlement for cleanup. In 2003, Shell, Exxon, 32. Gibbons, Jim ...... NV–2nd ...... 3 Yea fore the Clean Air Act Amendments of 1990 ChevronTexaco and 15 other companies set- 33. Goode, Virgil H. Jr...... VA–5th ...... 2 Yea and with knowledge of its environmental tled a contamination lawsuit brought by 34. Goodlatte, Bod ...... VA–6th ...... 2 Yea dangers. 35. Graves, Sam ...... MO–6th ...... 2 Yea Santa Monica, Calif., by agreeing to spend an 36. Green, Gene ...... TX–29th ...... 2 Yea 2. One estimate by experts puts the clean- estimated $200 million on a filtration system 37. Gutknecht, Gil ...... MN–1st ...... 4 Yea up cost in excess of $29 billion.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2427 3. The liability waiver would retroactively Mr. Chairman, I seek the assurance tomer uses electricity, but rather the block hundreds of communities’ legitimate of the gentleman from Texas (Mr. BAR- FTC has the authority to regulate the suits that have been filed already and could TON) that he will work with me and offering or billing of products or serv- preempt hundreds more, leaving commu- nities with a multi-billion dollar unfunded concerned others on language that ices by utility companies? mandate from Congress. clarifies the Commodity Futures Trad- Mr. BARTON of Texas. The gentle- 4. The Leaking Underground Storage Tank ing Commission’s exclusive jurisdic- woman is correct, for the third time in fund was not intended to address the over- tion with respect to accounts, agree- a row. whelming amount of contamination commu- ments, and transactions involving com- Ms. PRYCE of Ohio. Mr. Chairman, I nities are experiencing. Moreover, taxpayers modity futures and options. thank the gentleman for his clarifica- should not pay for MTBE cleanup. The CFTC has a long history of shar- tions and for his assistance and the as- Please oppose the MTBE liability waiver. Sincerely, ing futures and options trading data sistance of his staff in this situation. Tom Cochran, Executive Director, The with other Federal and State regu- Mr. BARTON of Texas. We always U.S. Conference of Mayors; Larry lators that agree to abide by the public thank the gentlewoman for her inquir- Naake, Executive Director, National disclosure restrictions found in section ies. Association of Counties; Diane VanDe 8 of the Commodity Exchange Act. The Acting CHAIRMAN. It is now in Hei, Executive Director, Association of Mr. BARTON of Texas. Mr. Chair- order to consider Amendment No. 28 Metropolitan Water Agencies; Steve man, I thank the gentleman for raising printed in House Report 109–49. Hall, Executive Director, Association these concerns and agree with the gen- AMENDMENT NO. 28 OFFERED BY MR. INSLEE of California Water Agencies; Larry Libeu, President, Western Coalition of tleman that market transparency is an Mr. INSLEE. Mr. Chairman, I offer Arid States. absolute need for an affordable energy an amendment. Donald J. Borut, Executive Director, Na- supply and that the protection of pro- The Acting CHAIRMAN. The Clerk tional League of Cities; Allen R. prietary data is a must for the efficient will designate the amendment. Frischkorn Jr., Executive Director, Na- and effective use of U.S. futures mar- The text of the amendment is as fol- tional Association of Towns and Town- kets. Regulation of United States fu- lows: ships; Jack Hoffbuhr, Executive Direc- tures exchanges is certainly within the Amendment No. 28 offered by Mr. INSLEE: tor, American Water Works Associa- jurisdiction of the CFTC. I give the At the end of title XXVI add the following: tion; Peter B. King, Executive Direc- ll tor, American Public Works Associa- gentleman my assurances I will work SEC. . LIMITATION ON RENT AND OTHER with him on language that reflects the CHARGES WITH RESPECT TO WIND tion; Thomas F. Donnelly, Executive ENERGY DEVELOPMENT PROJECTS VP, National Water Resources Associa- Commodity Futures Trading Corpora- ON PUBLIC LANDS. tion. tion’s jurisdiction in its vital role in (a) IN GENERAL.—The Secretary of the In- The Acting CHAIRMAN. The ques- market transparency. terior may not impose rent and other tion is on the amendment offered by Mr. GOODLATTE. Mr. Chairman, I charges, excluding for the cost of processing the gentlewoman from California (Mrs. thank the gentleman from Texas. rights-of-way, with respect to any wind en- CAPPS). Mr. BARTON of Texas. Mr. Chair- ergy development project on public lands The question was taken; and the Act- man, I ask unanimous consent to speak that, in the aggregate, exceed 50 percent of ing Chairman announced that the noes out of order to engage in a colloquy the maximum amount of rent that could be charged with respect to that project under appeared to have it. with the gentlewoman from Ohio (Ms. Mrs. CAPPS. Mr. Chairman, I de- the terms of Bureau of Land Management In- PRYCE). struction Memorandum No. 2003–020, dated mand a recorded vote, and pending The Acting CHAIRMAN. Is there ob- October 16, 2002. that, I make the point of order that a jection to the request of the gentleman (b) TERMINATION.—Subsection (a) shall not quorum is not present. from Texas? apply after the earlier of— The Acting CHAIRMAN. Pursuant to There was no objection. (1) the date on which the Secretary of the clause 6 of rule XVIII, further pro- Mr. BARTON of Texas. Mr. Chair- Interior determines there exists at least ceedings on the amendment offered by man, I yield to the gentlewoman from 10,000 megawatts of electricity generating capacity from non-hydropower renewable en- the gentlewoman from California (Mrs. Ohio (Ms. PRYCE). ergy resources on public lands; or CAPPS) will be postponed. Ms. PRYCE of Ohio. Mr. Chairman, The point of no quorum is considered (2) the end of the 10-year period beginning section 1287 of H.R. 6 includes permis- on the date of the enactment of this Act. withdrawn. sive rulemaking authority for the Fed- Mr. BARTON of Texas. Mr. Chair- (c) STATE SHARE NOT AFFECTED.—This sec- eral Trade Commission to adopt rules tion shall not affect any State share of rent man, I ask unanimous consent to speak protecting the privacy of electric con- and other charges with respect to any wind out of order and engage in a colloquy sumers from the disclosure of con- energy development project on public lands. with the chairman of the Committee sumer information obtained in connec- The Acting CHAIRMAN. Pursuant to on Agriculture. The Acting CHAIRMAN. Is there ob- tion with the sale or delivery of elec- House Resolution 219, the gentleman jection to the request of the gentleman tric energy to electric customers. from Washington (Mr. INSLEE) and a from Texas? Am I correct, sir, in understanding Member opposed each will control 5 There was no objection. that it was the committee’s intent to minutes. Mr. BARTON of Texas. Mr. Chair- grant the FTC rulemaking authority The Chair recognizes the gentleman man, I yield to the gentleman from with respect to the information prac- from Washington (Mr. INSLEE). Virginia (Mr. GOODLATTE). tices of utility companies not already Mr. INSLEE. Mr. Chairman, I yield Mr. GOODLATTE. Mr. Chairman, I regulated, or to the extent they are not myself such time as I may consume. rise to congratulate my good friend, already regulated, under the Gramm- This amendment is part of our con- the gentleman from Texas (Mr. BAR- Leach-Bliley Act? tinuing effort to diversify our supplies TON), the chairman of the Committee Mr. BARTON of Texas. The gentle- of energy by increasing the amount of on Energy and Commerce, for his lead- woman is correct. wind power we can generate off of our ership in forging a comprehensive, co- Ms. PRYCE of Ohio. Am I further Department of the Interior lands, prin- hesive energy policy for our Nation. I correct that it was not the intention cipally, our Bureau of Land Manage- also applaud the chairman for his at- that utility companies be restricted in ment lands. It will do so by cutting in tempts to ensure a reliable, efficient, their ability to report payment history half the royalty that is scheduled to be and affordable energy supply. We all information to consumer reporting applied under the BLM criteria. We are can agree that a transparent energy agencies? actually quite high, probably in the market is essential to achieving the Mr. BARTON of Texas. The gentle- neighborhood of almost twice some- overall goals of this bill. woman is once again correct. times what the private sector and pri- I am concerned, however, Mr. Chair- Ms. PRYCE of Ohio. Sir, am I further vate lands charge. Reduce it from man, that the current language in title correct that it was not your intention about $2,300 on average to about $1,100 12, specifically section 1281, weakens that the FTC be given broad rule- per megawatt. the protections afforded the sensitive making authority with respect to the This is very similar to a provision we and proprietary information used to goods or services that can be offered to passed last year in the energy bill, and determine energy prices. a customer simply because the cus- it really follows the tremendous

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2428 CONGRESSIONAL RECORD — HOUSE April 21, 2005 growth of wind energy we are experi- There was no objection. The Acting CHAIRMAN. The ques- encing. Mr. POMBO. Mr. Chairman, I yield tion is on the amendment offered by b 1445 myself such time as I may use. the gentleman from Washington (Mr. I congratulate my colleague, the gen- INSLEE.) Well, actually wind energy is growing tleman from Washington (Mr. INSLEE) The amendment was agreed to. about 30 percent a year, which is rather for bringing this amendment forward. I The Acting CHAIRMAN. It is now in a Herculean growth rate that we are think this is an important amendment. order to consider Amendment No. 29 having, and that is because we have It is very consistent with the rest of printed in House report 109–49. abundant wind energy, thankfully, in the bill. AMENDMENT NO. 29 OFFERED BY MR. HASTINGS this great land of ours. When we look at royalty relief, we OF FLORIDA Now, we want to maximize it on our know that that does spur investment in Mr. HASTINGS of Florida. Mr. Chair- public lands. I know in many places we a particular industry. It helps to build man, I offer an amendment. are having success with wind. In Wash- domestic energy in this country, and it The Acting CHAIRMAN. The Clerk ington State we are proud of the larg- is all part of the effort of the overall will designate the amendment. est wind farm in the North American bill to gain greater energy independ- The text of the amendment is as fol- hemisphere, at State Line, Wash- ence from foreign countries. lows: ington, which has about 263 megawatts, I believe very strongly in wind en- Amendment No. 29 offered by Mr. HASTINGS powers about 25,000 homes. We have ergy. I think it is a positive move. It is of Florida: several projects in Washington State, something that has moved dramati- At the end of the bill, add the following in fact, on public land in Washington cally in the last 20 years in this coun- new title: State we have at least 600 acres very try. But we do know that royalty relief TITLE XXVII—ENVIRONMENTAL JUSTICE eligible for economically efficient pro- is something that spurs investment in SEC. 2701. EXECUTIVE ORDER 12898. duction of wind energy. a particular industry. The provisions of Executive Order 12898, So we think this is a way to help I look forward to working with the dated February 11, 1994, pertaining to Fed- eral actions to address environmental justice boost wind because what we have found gentleman from Washington (Mr. INS- is that every time we increase the in minority populations and low-income pop- LEE) further on wind energy, but also ulations, shall remain in force until changed number of units of wind energy we use, on increasing the amount of invest- by law. In carrying out such executive order, we decrease its price. There is a very ment we have on energy independence the provisions of this title shall apply. clear correlation. Every time the num- in this country, things like we are SEC. 2702. ADDITIONAL PROVISIONS RELATING ber of units go up by a factor of 10, doing on deep drill and deep water TO ENVIRONMENTAL JUSTICE. prices come down by 20 percent. Actu- drilling and other things that we are (a) DEFINITION OF ENVIRONMENTAL JUS- ally, wind energy has been reduced in doing in the bill. I am glad that he rec- TICE.—For purposes of Executive Order 12898, environmental justice is the fair treatment price this decade by 80 percent. It is a ognizes that royalty relief is a way to pretty spectacular success story. and meaningful involvement of all people re- spur greater independence in this coun- gardless of race, color, national origin, edu- Wind is not without any impacts. It try. cational level, or income with respect to the has aesthetic impacts, of course, but Mr. Chairman, I yield to the gen- development, implementation, and enforce- we think this is one way to give a tleman from Texas (Mr. BARTON), the ment of environmental laws, regulations, boost to an infant, nascent industry Chairman of the Energy and Commerce and policies. Environmental justice seeks to that can go up to a place where right Committee. ensure that minority and low-income com- now is very close to market-based, Mr. BARTON of Texas. Mr. Chair- munities have adequate access to public in- really is market-based rates at this man, I just want to add my support for formation relating to human health and en- time. vironmental planning, regulations, and en- the amendment. I think it helps the forcement. Environmental justice ensures The gentleman from California (Mr. bill. I would encourage my friend from that no population, especially the elderly POMBO) was good enough to agree to an Washington, as he once again gets an- and children, are forced to shoulder a dis- amendment in the Resources Com- other amendment in the bill, to con- proportionate burden of the negative human mittee to state a national goal of gen- sider voting for final passage. health and environmental impacts of pollu- erating 10,000 megawatts of renewable He is going to have more stuff in the tion or other environmental hazard. energy from our Federal lands within bill than I am. So at some point in (b) IDENTIFICATION AND PRIORITIZATION OF the decade. This is one small step in time the weight of the evidence is that ENVIRONMENTAL JUSTICE COMMUNITIES.—For that direction. So we hope that we will purposes of Executive Order 12898, criteria he should be supportive of the bill. for defining an environmental justice com- continue the growth of wind. Mr. POMBO. Mr. Chairman, I reserve munity shall include demographic character- This is one very small part of a larg- the balance of my time. istics, such as percentages of minority and er project I am championing called the Mr. INSLEE. Mr. Chairman, I yield low-income residents within an area, as well New Apollo Energy Project, which real- myself such time as I may consume. as— ly will spur the development of high I appreciate the comments of the (1) health vulnerabilities, such as cancer technology. gentleman from Texas (Mr. BARTON). mortality and incidence rate, infant mor- Let me lastly state that other coun- We cannot measure contribution by tality, low birth weight, asthma, and child- tries are having successes as well. Den- hood lead poisoning; and number, we have to measure by weight. (2) environmental conditions, such as facil- mark hopes to have 50 percent of their However, Mr. Chairman, I think you ity density and proximity to Corrective Ac- electrical content generated by wind are still going to win the debate. tion/Superfund Sites, Enforcement Data and other renewables in 2025. They are By the way, I am a new member of (percent and number of uninspected facili- at about 30 percent now. the Commerce Committee. I want to ties, percent and number of unaddressed vio- This is not pie in the sky; it is very thank the gentleman from Texas (Mr. lations, average and total penalty and air achievable. We want to grow those jobs BARTON), the chairman, for the very nonattainment status), emissions, attain- here in America, eventually have a do- fair-minded way that he handled this ment status, indoor air issues, 305b stream mestic wind turbine job base, indus- data, fish advisories, beach closings, and in committee, in giving both sides an truck traffic. trial base; and we have a lot of jobs to adequate degree of leeway to argue (c) ESTABLISHMENT OF OFFICES OF ENVIRON- create, hooking up those wind turbines. their positions. We all appreciate his MENTAL JUSTICE.—For purposes of Executive We hope that we can pass this leadership. Order 12898, each of the following shall estab- amendment. Mr. Chairman, I yield back the bal- lish an Office of Environmental Justice: Mr. Chairman, I reserve the balance ance of my time. (1) Department of Health and Human Serv- of my time. Mr. POMBO. Mr. Chairman, I yield ices. Mr. POMBO. Mr. Chairman, I ask myself such time as I may consume. (2) Department of Housing and Urban De- unanimous consent to claim the time I urge support of the amendment. velopment. (3) Department of Defense. on our side. The Resources Committee accepts the (4) Department of Labor. The Acting CHAIRMAN (Mr. SIMP- amendment. (5) Department of Agriculture. SON). Without objection, the gentleman Mr. Chairman, I yield back the bal- (6) Department of Transportation. from California will control 5 minutes. ance of my time. (7) Department of Justice.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2429 (8) Department of the Interior. torically Black Colleges and Universities of their programs and activities in mi- (9) Department of Commerce. (HBCUs), Hispanic Serving Institutions nority and low-income populations, (10) Department of Energy. (HSIs), and Tribal Colleges), and business and then develop policies to achieve (11) Environmental Protection Agency. and industry. environmental justice. The order also (12) Office of Management and Budget. (g) COMMUNITY TECHNOLOGY CENTERS.— required Federal agencies and their (13) Office of Science and Technology Pol- (1) IN GENERAL.—Federal agencies shall icy. fund community technology centers to assist funding recipients to conduct their pro- (14) Office of the Deputy Assistant to the with technical assistance issues in the envi- grams and implementing policies in a President for Environmental Policy. ronmental justice area. nondiscriminatory manner. (15) Office of the Assistant to the President (2) DESCRIPTION.—In this subsection, the Despite the order, Federal efforts to for Domestic Policy. term ‘‘community technology center’’ (CTC) achieve environmental justice have (16) National Economic Council. refers to programs with the goal of providing been minimal at best. In fact, in 2002, (17) Council of Economic Advisers. at least 10 hours of open access a week for the U.S. Commission on Civil Rights (18) Such other Government officials as the anyone in a community, especially youth concluded, ‘‘There is inconsistency and President may designate. and adults in low-income urban and rural unevenness in the degree to which (d) INTEGRATION OF ENVIRONMENTAL JUS- communities, for purposes of providing tech- agencies achieve integration of the en- TICE POLICIES IN AGENCY ACTIONS.—For pur- nical assistance to communities experi- poses of the environmental justice strategies encing issues of environmental hazards. vironmental justice into their core developed by agencies under Executive Order (3) LOCATION.—A community technology mission.’’ 12898, each agency shall integrate the strat- center may be located in places such as li- When I asked, just last week, about egy into the operation and mission of the braries, community centers, schools, church- the future of environmental justice at agency and explicitly address compliance es, social service agencies, low-income resi- EPA, an official stated, and I quote, with this Act, including in the following ac- dential housing complexes, and Minority ‘‘What are we going to do for 2005?’’ We tivities: Academic Institutions (such as Historically do not know. (1) Future rulemaking activities. Black Colleges and Universities, Hispanic The amendment that I am offering (2) The development of any future guid- Serving Institutions, and Tribal Colleges). ance, environmental reviews (including today codifies Executive Order 12898. (4) ACTIVITIES OF COMMUNITY TECHNOLOGY NEPA, CAA, Federal Land Policy Act), regu- My amendment establishes offices of CENTER.—A community technology center lation, or procedures for Federal agency pro- environmental justice in appropriate funded under this section shall— agencies and reestablishes the Inter- grams, policies, or activities that affect (A) assist community members in becom- human health or the environment. ing active participants in cleanup and envi- agency Federal Working Group on En- (e) INTERAGENCY FEDERAL WORKING GROUP ronmental development activities; vironmental Justice. Perhaps, most COORDINATION AND GUIDANCE.—The inter- (B) provide independent and credible tech- importantly, the amendment rep- agency Federal Working Group on Environ- resents the first time ever that Con- mental Justice (in this section referred to as nical assistance to communities affected by the ‘‘Working Group’’) shall— hazardous waste contamination; gress has attempted to define the term (1) coordinate an integrated environmental (C) review and interpret technical docu- ‘‘environmental justice.’’ justice training plan for the Federal agencies ments and other materials; Mr. Chairman, more than 70 percent and offices listed in subsection (c); (D) sponsor workshops, short courses, and of African Americans and Latinos, (2) formalize public participation efforts; other learning experiences to explain basic compared to only 58 percent of the ma- (3) survey the Federal agencies and offices science and environmental policy; jority community, live in counties to determine what is effective and how to (E) inform community members about ex- isting technical assistance materials, such as which regularly fail to meet current best facilitate outreach without duplicating clean air standards. In these areas, a efforts; publications, videos, and web sites; (F) offer training to community leaders in disproportionate number of citizens are (4) develop a strategy for allocating re- suffering from cancer, asthma, toxic sponsibilities and ensuring participation, facilitation and conflict resolution among even when faced with competing agency pri- stakeholders; and poisoning and lung-related deaths. orities; and (G) create technical assistance materials In my own district, there are con- (5) coordinate plans to communicate re- tailored to the identified needs of a commu- tinuing problems in this area through- search results so reporting and outreach ac- nity. out the district and specifically in Ft. tivities produce more useful and timely in- The Acting CHAIRMAN. Pursuant to Lauderdale. People are literally dying formation. House Resolution 219, the gentleman from pollution in their own back yards. (f) AGENCY PUBLIC PARTICIPATION EF- from Florida (Mr. HASTINGS) and a It is not by coincidence that the major- FORTS.— Member opposed each will control 5 ity of power plants and refineries in (1) OUTREACH EFFORTS.—Each Federal minutes. the United States are built in low-in- agency listed in subsection (c) shall carry comes areas. The land is cheap, the po- out and report outreach activities to the The Chair recognizes the gentleman Working Group, including the following: from Florida (Mr. HASTINGS). litical influence of the neighborhood is (A) Respond directly to inquiries from the Mr. HASTINGS of Florida. Mr. Chair- virtually nonexistent, and in the bill public and other stakeholders. man, I yield myself such time as I may we are considering this week, such (B) Maintain websites and listservers. consume. siting is actually encouraged. (C) Produce and distribute hardcopy docu- Mr. Chairman, I rise today to offer an This amendment does nothing to ments and multimedia products. amendment of critical importance to change existing policy, nor does it (D) Conduct or sponsor briefings, lectures, the health and well-being of minority, amend any provision in the bill. All and press conferences. low-income, and other underserved that it does is ensure that avenues (E) Testify before Congress or other gov- which currently exist will always exist ernment bodies. communities. It was barely 20 years ago when our for underserved communities wishing (F) Finance scholarships, fellowships, and to seek recourse when poor energy and internships. Nation first became concerned with (G) Support museum exhibits and other minority communities and the dis- environmental policies adversely affect public displays. proportionate impact pollution has on their health and well being. I implore my colleagues to support (H) Sponsor, participate, or otherwise con- their health. Over the years, we have this amendment. tribute to meetings attended by stake- sought, and many have done good holders. Mr. Chairman, I reserve the balance things to combat, these environmental (I) Provide scientifically-sound content for of my time. K–12 education activities; and injustices across community lines. Mr. BARTON of Texas. Mr. Chair- (J) fund outreach efforts managed outside Following the lead of former Presi- man, I rise in opposition to the amend- the Federal Government. dent George H.W. Bush, who estab- ment. (2) STAKEHOLDERS.—To ensure their active lished the Office of Environmental Jus- The SPEAKER pro tempore. The gen- public participation and to provide input tice at EPA in 1994, then President tleman from Texas (Mr. BARTON) will early in environmental decision-making, Clinton signed Executive Order 12898, control 5 minutes. Federal agencies along with the Working titled Federal Actions to Address Envi- Mr. BARTON of Texas. Mr. Chair- Group shall develop ways to enhance part- ronmental Justice in Minority Popu- nerships and coordination with stakeholders, man, I yield myself such time as I may including affected communities, Federal, lations and Low Income Populations. consume. Tribal, State, and local governments, envi- This order required that all appro- Mr. Chairman, I oppose this amend- ronmental organizations, nonprofit organiza- priate Federal agencies collect data on ment not because I oppose environ- tions, academic institutions (including His- the health and environmental impact mental justice, but because I do not

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2430 CONGRESSIONAL RECORD — HOUSE April 21, 2005

think this amendment is necessary. leagues on the other side fought that HASTINGS of Florida, the author of this amend- The amendment does not codify exist- tooth, hook and nail. I was the cospon- ment. ing powers in the Federal Government. sor of the bill. Like this amendment, that legislation was It would change the way that they are When you talk about justice, let us prompted by our continued concern about the currently operating. look at why we ended up with it, where way Federal actions have had disproportion- The current environmental justice we are, and let us work together to get ately adverse effects on the health, environ- programs are in no danger of being re- rid of this stuff. ment and quality of life of Americans in minor- pealed. The subject of the amendment, The Acting CHAIRMAN. The gen- ity and lower-income communities. Executive Order 12898, is already in ef- tleman from Florida (Mr. HASTINGS) Too often these communities—because of fect and requires each Federal agency has 30 seconds remaining, and the gen- their low income or lack of political visibility— to make achieving environmental jus- tleman from Texas (Mr. BARTON) has 2 are exposed to greater risks from toxins and tice part of its mission by identifying minutes remaining. dangerous substances because it has been and addressing disproportionately high Mr. HASTINGS of Florida. Mr. Chair- possible to locate waste dumps, industrial fa- and adverse human health or environ- man, I yield my remaining 30 seconds cilities, and chemical storage warehouses in mental affects of its programs, policies to my good friend and colleague, the these communities with less care than would and activities on minority populations gentlewoman from California (Ms. be taken in other locations. and low-income populations. SOLIS). The sad fact is that in some eyes these In my opinion, this amendment is a Ms. SOLIS. Mr. Chairman, I rise to communities have appeared as expendable— step backward in allowing minority support the Hastings amendment. Cali- without full appreciation that human beings, and low-income communities the op- fornia law, back in 1996, we passed this who deserve to be treated with respect and portunity for individual choice and particular amendment, and I carried dignity, are living, working, and raising families economic freedom in creating jobs and that bill. It was one of the first in this there. encouraging development in these low- country. Now there are 29 States that This needs to give way to policies focused income areas that are in such des- are enforcing this. on providing clean, healthy and quality envi- perate need of revitalization and eco- Under the energy bill, this provision ronments within and around these commu- nomic growth. is necessary because they will be able nities. When that happens, we provide hope More environmental restrictions and to put refineries, be able to go onto Na- for the future and enhance the opportunities quotas, that would result from this tive Americans lands, they will be able that these citizens have to improve their condi- amendment, will only continue the to go into communities of color, in tion. plight of these economically disadvan- low-income communities like mine This amendment, like our bill, would help do taged communities by discouraging that are underserved right now, that just that. The amendment, like our bill, essen- further development. have many, many egregious projects tially codifies an Executive Order that was EPA already has several offices that that are there that are polluting our issued by President Clinton in 1994. That have responsibility for overseeing and waters, and making our life, I think, a order required all Federal agencies to incor- instituting environmental justice pro- health hazard. porate environmental justice considerations in grams, including two specific ones, the This is the wrong direction to go in their missions, develop strategies to address Office of Environmental Justice and a with the energy bill. We need to sup- disproportionate impacts to minority and low- national advisory committee that gives port this amendment for environ- income people from their activities, and coordi- national focus to environmental jus- mental justice when right now, under nate the development of data and research on tice concerns in all environmental pro- the Bush administration, 33 percent of these topics. tection programs at the EPA. EJ moneys have been cut. Although Federal agencies have been work- So I know it is a well-intentioned ing to implement this order and have devel- b 1500 amendment, but it is not necessary be- oped strategies, there is clearly much more to cause we have existing executive or- The Acting CHAIRMAN (Mr. SIMP- do. We simply cannot solve these issues over- ders. The agencies are implementing it. SON). The gentleman from Texas (Mr. night or even over a couple of years. We need And I think this would actually do BARTON) has 2 minutes remaining. to ‘‘institutionalize’’ the consideration of these more harm than good. Mr. BARTON of Texas. Mr. Chair- issues in a more long-term fashion—which this Mr. Chairman, I yield 1 minute to the man, I will yield 1 of my 2 minutes to bill would do. gentleman from California (Mr. the gentleman if he wants to close on In addition, just as the current policy was CUNNINGHAM.) the amendment. established by an administrative order, it could Mr. CUNNINGHAM. Mr. Chairman, I Mr. HASTINGS of Florida. Mr. Chair- be swept away with a stroke of an administra- am opposed to my friend’s amendment, man, I thank the gentleman, but some- tive pen. To avoid that, we need to make it and he is a friend, he is a good friend. times enough is enough and Members more permanent—which is also what this I have not had a chance to speak on the want to go home. amendment, like our bill, would do. floor, but I thought this fit right in Mr. UDALL of New Mexico. Mr. Chairman, I It would do this by statutorily requiring all line with environmental justice. rise in strong support of this amendment and federal agencies to—make addressing envi- When many of us came in 1990, the I congratulate the gentleman from Florida, Mr. ronmental justice concerns part of their mis- Clean Air Act came up. And I remem- HASTINGS, for bringing it to the floor of the sions; develop environmental justice strate- ber Mr. Daschle, who is no longer with House. gies; evaluate the effects of proposed actions the other body, standing up and talk- The amendment would expand the Federal on the health and environment of minority, ing about how good MTBEs were. None definition of environmental justice, directs each low-income, and Native American commu- of us knew. I saw a special that showed Federal Agency to establish an office of envi- nities; avoid creating disproportionate adverse how bad MTBEs are, and that they are ronmental justice, reestablishes the inter- impacts on the health or environment of mi- poisoning our waters in many commu- agency Federal Working Group on Environ- nority, low-income, or Native American com- nities. They should be removed. mental Justice, and requires that Executive munities; and collect data and carry out re- But when the Government asks any Order 12898 remain in force until changed by search on the effects of facilities on health and industry to do its bidding, and it does law. environment of minority, low-income, and Na- that, then I think that the government By adopting the amendment we can take a tive American communities. should protect that individual, what- significant step to ensuring that current and fu- It would also statutorily establish two com- ever the company is, because it did ture Federal policies will be informed by the mittees: The Interagency Environmental Jus- what the government told it to do. need to protect minority and low-income com- tice Working Group, set up by the Executive Now, I think what we should do with munities from poor environmental and energy Order to develop strategies, provide guidance, this is push forward, help with the decisions and policies. coordinate research, convene public meetings, cleanup, and fight and do everything The amendment is similar to a bill I intro- and conduct inquiries regarding environmental we can to get MTBEs out of our system duced earlier this year with our colleague from justice issues; and a Federal Environmental and out of our groundwater. California, Representative HILDA SOLIS. It is Justice Advisory Committee, appointed by the The gentleman from California (Mr. also cosponsored by the gentleman from New President, including members of community- POMBO) did that in 1996, and my col- Jersey, Mr. ANDREWS as well as by Mr. based groups, business, academic, State

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2431 agencies and environmental organizations. It sult with the State, but it clearly re- creased financial risks that have and will likely will provide input and advice to the Inter- moves the directive that FERC base its remain uninsurable? agency Working Group. decision on community support or op- I believe that we presently have sufficient In a nutshell, what this amendment—like our position, which it does now. mechanisms in place to hold the contracting bill—would do is require Federal agencies that States do a heck of a lot more than community accountable. The inclusion of this control the siting and disposing of hazardous consult. At times they can object en- provision in the final Energy bill will have the materials, store toxins or release pollutants at tirely. There may be problems. In the opposite effect as intended. Rather than add- federal facilities, or issue permits for these case of one being located in the Dela- ing to financial accountability it will drive the kinds of activities to make sure they give fair ware River, New Jersey has some prob- most prudent and best performing contractors treatment to low-income and minority popu- lems with it, in terms of boats being out of the DOE nuclear market. lations—including Native Americans. The bill able to turn and environmental issues, I do not want to imagine a time when the tells Federal agencies, ‘‘In the past these com- whatever it may be. There are a lot of activities at Oak Ridge are not being con- munities have endured a disproportionate im- problems across the United States of ducted by the most qualified DOE contractors. pact to their health and environment. Now we America. If Section 612 was enacted, I fear that it will must find ways to make sure that won’t be the My judgment is that we are taking have a detrimental impact on not only the de- case in the future.’’ absolutely the wrong step by this rath- fense mission of DOE, but on most of the gov- I urge adoption of the amendment. er strong measure that turns over to ernment’s nuclear science activities. Mr. BARTON of Texas. Mr. Chair- this Federal commission the right to I look forward to working with Chairman man, I urge a ‘‘no’’ vote, and I yield make local decisions. That is some- BARTON and the Energy and Commerce Com- back the balance of my time. thing that none of us in the Congress of mittee to perfect this provision as we head to The Acting CHAIRMAN. The ques- the United States should endorse. Conference with the Senate. tion is on the amendment offered by So for that reason I hope the amend- Mr. BARTON of Texas. Mr. Chair- the gentleman from Florida (Mr. ment reverting to where it was before man, I yield such time as he may con- HASTINGS). would be accepted. sume to the gentleman from California The question was taken; and the Act- Mr. Chairman, I reserve the balance (Mr. CALVERT) for purposes of a col- ing Chairman announced that the noes of my time. loquy. appeared to have it. Mr. BARTON of Texas. Mr. Chair- Mr. CALVERT. Mr. Chairman, I want Mr. HASTINGS of Florida. Mr. Chair- man, I rise in opposition to the amend- to thank the gentleman for engaging in man, I demand a recorded vote, and ment. this colloquy with me addressing the pending that, I make the point of order The Acting CHAIRMAN. The gen- Department of Defense, DOD’s concern that a quorum is not present. tleman from Texas (Mr. BARTON) is rec- in any decision FERC would make au- The Acting CHAIRMAN. Pursuant to ognized for 5 minutes. thorizing the siting of liquefied natural clause 6 of rule XVIII, further pro- Mr. BARTON of Texas. Mr. Chair- gas facilities, LNG, on or contiguous to ceedings on the amendment offered by man, I yield myself such time as I may our defense installations. the gentleman from Florida (Mr. consume. Mr. Chairman, I know and believe HASTINGS) will be postponed. Mr. WAMP. Mr. Chairman, will the The point of no quorum is considered gentleman yield? our colleagues all recognize the ex- withdrawn. Mr. BARTON of Texas. I yield to the treme importance of our duty to ensure The Acting CHAIRMAN. It is now in gentleman from Tennessee. that our men and women in uniform order to consider amendment No. 30 (Mr. WAMP asked and was given per- are able to operate and train in an en- printed in House Report 109–49. mission to revise and extend his re- vironment free of any unnecessary con- straints. AMENDMENT NO. 30 OFFERED BY MR. CASTLE marks.) Mr. CASTLE. Mr. Chairman, I offer Mr. WAMP. Mr. Chairman, I rise to Should a proposal to site an LNG ter- an amendment. make remarks on the subrogation pro- minal be on or adjacent to a military The Acting CHAIRMAN. The Clerk vision in the Price Anderson section of installation or range, I believe there will designate the amendment. H.R. 6. would be concerns that should be ad- The text of the amendment is as fol- Mr. Chairman, I would like to discuss a pro- dressed as to whether there may be an lows: vision in this bill that I have some concerns impact upon military operations, training and readiness. Among the fac- Amendment No. 30 offered by Mr. CASTLE: with. In title III, strike section 320, and make I have the pleasure of representing the De- tors that may impact the day-to-day the necessary conforming changes in the partment of Energy sites in Oak Ridge, Ten- operations of a military installation or table of contents. nessee. This site is a natural asset that not range include the actual location of an The Acting CHAIRMAN. Pursuant to only has a vitally important defense mission, a LNG storage and regasification unit, House Resolution 219, the gentleman growing and prominent science mission, but shipment routes, frequency of ship- from Delaware (Mr. CASTLE) and a an ongoing active environmental cleanup ac- ments, natural gas pipelines, mainte- Member opposed each will control 5 tivity. I am proud of the caliber of contractors nance and inspection regimes, and minutes. we have in Oak Ridge and the work they do other activities mandated by Federal The Chair recognizes the gentleman for our country. and State laws and regulations. from Delaware (Mr. CASTLE). I have some concerns with Section 612 in I have spoken with the officials at Mr. CASTLE. Mr. Chairman, I yield the nuclear title of this bill. the Department of Defense and assess- myself such time as I may consume. This provision, dealing with Price Anderson ing non-military impacts to installa- I am very concerned about the proc- Act indemnity, is reportedly designed to make tion operations and training is some- ess by which terminals for LNG will be DOE contractors more ‘‘financially account- thing they are capable of and in fact do selected in this country. Let me say, I able’’ for their actions in support of the DOE on a regular basis. It is my belief the support natural gas. I support the use nuclear mission. Department of Defense should have a of liquefied natural gas. I understand The fact is that there are already a wide va- role in assessing the impact of such we need ports. I also understand the riety of mechanisms in place to ensure DOE proposed sitings to be considered on or nearer they are to the pipeline the bet- contractor accountability: from civil penalties of contiguous to a military installation ter off we are. But the bottom line is up to $110,000 a day; to stop work orders; to or range. I believe that the commission that the process that is in this legisla- contract terminations; to criminal fines and im- should consider the Department’s eval- tion which supplants the existing proc- prisonment. There is no evidence that addi- uations so that any siting does not ess, in my judgment, tramples on the tional sanctions are needed. interfere with our military’s duties as rights of the States and the individual In the 48-year history of Price Anderson, no prescribed in title 10 of the U.S. Code. communities, as they have indicated in government contractors have been found to Mr. Chairman, can you confirm that their letters to us, to be able to influ- have engaged in ‘‘willful misconduct.’’ we can discuss this concern further at ence these decisions that are made. Are we willing to ask the government’s best conference? If you read this carefully, you will contractors at all levels, the ones we want in- Mr. BARTON of Texas. If the gen- see that H.R. 6 requires FERC to con- volved in this business, to face significantly in- tleman will yield, Mr. Chairman, I tell

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2432 CONGRESSIONAL RECORD — HOUSE April 21, 2005 the distinguished gentleman from Cali- Mr. BARTON of Texas. Mr. Chair- not only in our own country but world- fornia, my good friend, that we can dis- man, I commend the gentleman from wide in liquefied natural gas. And it is cuss this further at conference and I Massachusetts (Mr. MARKEY) on his frustrating when you say you do not look forward to that. visual. want to drill, you do not want to re- Mr. CALVERT. I thank the gen- Mr. Chairman, I yield 1 minute to the fine, and you do not even want to im- tleman. gentleman from Illinois (Mr. SHIMKUS). port. The only way you will get around Mr. BARTON of Texas. Mr. Chair- Mr. SHIMKUS. Mr. Chairman, I al- then is by walking. man, I yield 1 minute to the gentleman ways enjoy following my colleague. He In Houston, we are too big to walk so from Nebraska (Mr. TERRY). is very impassioned. He is just wrong we will have to have gasoline and we Mr. TERRY. Mr. Chairman, I thank on this. have to have something to cool our the chairman for working with me to The picture that the gentleman put homes in the summer. put this into the base bill. up, he wants it offshore and wants it The low natural gas supply is impact- Since 1999 natural gas prices have piped in. One of the most crazy things ing our jobs and driving up electricity more than tripled to over $7. It is off ever to happen to me is I am sitting in prices causing higher consumer prices. the charts now. It is projected that if my office and the energy company Higher prices are leading to inflation we do not do anything about natural comes in. They are excited about build- and slow-down worries, which is why gas supplies, it could reach $13, $14 by ing an LNG facility in the Bahamas Alan Greenspan testified before our 2020. and they want to pipe this natural gas committee that the United States What does that mean? in to Florida. needs more LNG. It means higher heating bills; 65 per- LNG import terminals can be our Now, who gets the tax revenue from cent of my constituents heat their interstate commerce. That is why we that facility? Not the United States. homes in Nebraska by natural gas. By need to have a Federal role, but the the way, we have lost, Mr. Chairman, Who will get the jobs from that facil- States will still have a very important about 3 million jobs in the industrial ity? Not the United States. Who is role in this process. manufacturing bases. Just for our going to get energy security from that States will have influence over the kind and farmers, our agricultural folks in the facility? Not the United States. Who use of facility; the existing and projected popu- Midwest, farmers have seen the prices has a problem with a pipeline under- lation of the local area; the existing and pro- of nitrogen fertilizer increase from $175 neath the ocean? We do. posed land use near the local area; and the per ton in 2000 to more than $400 this I just cannot believe that we want to natural and physical aspects of the location. planting season, and we have lost half give up the jobs, the energy security, The bill creates new authority for states to of our fertilizer manufacturers chasing and the ability to have these facilities inspect LNG terminals for safety and security, the lower natural gas prices. in the United States and put them in beyond what they have in interstate natural Mr. Chairman, in regard to safety, remote areas, many of them outside gas projects. the gentleman wrote into this language the continental United States. Low natural gas supply is impacting jobs, specifically giving the States the right If we want good jobs, we want lower driving up electricity prices, and causing high- to participate in this process, and I en- prices, we want to help our farmers er consumer prices for a variety of goods and courage my colleagues to vote ‘‘no.’’ with lower fertilizer deals, we have to services. Mr. CASTLE. Mr. Chairman, I yield defeat this amendment. Higher prices are leading to inflation and 11⁄2 minutes to the gentleman from Mr. CASTLE. Mr. Chairman, I yield slowdown worries, which is why Alan Green- Massachusetts (Mr. MARKEY). 30 seconds to the gentleman from Or- span testified to our Committee that the U.S. Mr. MARKEY. Mr. Chairman, this egon (Mr. WU). needs more LNG. photo behind me is an LNG tanker in Mr. WU. Mr. Chairman, I urge strong LNG import terminals are engaged in both Boston Harbor delivering LNG to Ever- support of the Castle-Markey amend- foreign and, in most cases, interstate com- ett, Massachusetts. Right behind you ment to H.R. 6. This amendment would merce. LNG is a matter of national or, at the can see East Boston High School. If ensure that the States have a proper very least, regional importance. there was a terrorist attack, if there role in the siting of energy facilities. Approval and siting is properly done in the was an accident, you would not call the There is this photograph of a large national interest consistent with the Commerce Federal Government. It would be the tanker in Boston Harbor. I do not have Clause of the Constitution. The Federal En- local police, the local fire department, the good fortune to represent a city ergy Regulatory Commission has sited inter- the local emergency medical techni- like Boston, but there are four, five or state natural gas pipelines under the Natural cians that would respond. six communities in my congressional Gas Act since 1942. The Republican bill eliminates the district, communities of 1,000; 5,000; or States participate in the FERC’s National State and local participation in deter- 10,000 people where a facility like this Environmental Policy Act process, and have mining where a facility like this would would change the basic characteristics new authority in this bill to inspect for safety be placed. Now, it is not like there is a of that community forever. and security. crisis. In America there were two of Some people are passionately for the States retain their authority to issue or deny these facilities in 2001. There are now LNG facilities. Other people are pas- permits under federal statutes such as the five. Six more have already been li- sionately against the LNG facilities. I Coastal Zone Management Act and the Clean censed by the State governments and have told these folks they get the Water Act. This bill takes away no state au- the Federal Government in the United chance to decide and not a bureaucrat thority, as long as state permitting agencies issue timely decisions. States. There is no crisis. 3,000 miles away. Let me repeat: State permitting authority re- So why are the mayors, why are the Vote for this amendment. mains in place under H.R. 6. States can still Governors being walled out? It is be- Mr. BARTON of Texas. Mr. Chair- deny LNG facilities on their coasts. But they cause the Republican majority wants man, I yield 1 minute to the gentleman need a reason—Clean Air Act, Clean Water to hand it over to the Federal Govern- from Houston, Texas (Mr. GENE Act, or the Coastal Zone Management Act. ment and to the natural gas industry. GREEN). Mr. KENNEDY of Rhode Island. Mr. But it would be very dangerous to ex- Mr. GENE GREEN of Texas. Mr. Chairman, I ask unanimous consent clude the communities that are most Chairman, my colleagues supporting that we extend debate by 2 minutes on affected, especially when States know this amendment say we do not have a both sides. they need the LNG, we admit that, but crisis. We do have a crisis. Natural gas The Acting CHAIRMAN. Is there ob- we want to put it in more remote areas prices are triple what they should be. jection to the request of the gentleman in the State or perhaps offshore and We are paying more to heat and cool from Rhode Island? have it be piped in. But the Republican our homes and also for our raw mate- There was no objection. majority says, no, we want to put it in rials for our chemical industry and all Mr. CASTLE. Mr. Chairman, I yield the most densely populated areas and of our industries, so we need to do 30 seconds to the gentleman from New wall out all Governors, all State offi- something. Jersey (Mr. ANDREWS). cials. The solution is to either drill more or (Mr. ANDREWS asked and was given Vote ‘‘yes’’ for the Castle amend- import it, and LNG is one of ways we permission to revise and extend his re- ment. Protect States’ rights. can do it. We have a great safety record marks.)

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2433 Mr. ANDREWS. Mr. Chairman, I rise to have companies come in and bully Mr. CASTLE. Mr. Chairman, it is my in support of my friend’s amendment. their way because they will not have to understanding that the chairman of When there is a decision being made be answerable. They will not have to the committee has the right to close? to site a plant which, if there were an work out problems with their States He is the only speaker they have. I am accident, could be catastrophic, I think and local governments. They will just the final speaker. that the people who make the decision have the capability to advise, and ad- I yield myself the balance, which I whether to build the plant or not vice means very little. believe is 2 minutes. should be politically accountable to Mr. Chairman, I rise in strong support of the Mr. Chairman, actually the gen- the people who live in the place where Castle-Markey-Shays-Andrews amendment, tleman from Texas (Mr. BARTON) and I the plant is going to be sited, they striking the Liquefied Natural Gas (LNG) siting were just discussing this. It is a shame should have visited the place where the language contained in Section 320 of H.R. 6. we do not have more time for this plant is going to be sited, and they There are risks as well as benefits associ- amendment. It is a pretty significant should have some clue as to what the ated with the siting and expansion of LNG ter- amendment. It is complicated, and I locality is of where the plant will be minals in populated areas. It is essential have spent a lot of time trying to edu- sited. states be able to evaluate their effect on sen- cate myself as to what the procedures The issue is who gets to decide, a sitive coastal areas. In Long Island Sound just were before and what they are now. It stranger or someone intimately famil- off Connecticut, there is a very real possibility could be a little bit difficult, and there iar with the community. that a facility will be sited with little to no state is a court suit pending in California, For all those who believe in home or local input. and obviously we need this. I will be rule, vote ‘‘yes’’ on the Castle amend- We propose an amendment to restore the the first to tell my colleagues that. ment. role of state and local authority in citing deci- On the other hand, for the States and Mr. BARTON of Texas. Mr. Chair- sions. States and localities should be able to the local areas to give up their juris- man, I yield 1 minute to the gentleman maintain the ability to review and impact deci- diction and their ability to influence sions that could pose serious environmental from Pennsylvania (Mr. MURPHY). this decision, I think would be abso- (Mr. MURPHY asked and was given and health hazards to its coastal areas and its lutely wrong. permission to revise and extend his re- citizens. I have read this statute very care- My party has always believed state and marks.) fully. For instance, it says on page 13: local governments know best what works in Mr. MURPHY. Mr. Chairman, natural ‘‘The term ‘Federal authorization’ their communities. means any authorization required gas prices have risen by over 300 per- Mr. Chairman, while energy security is a na- under Federal law in order to con- cent since 1998. And while we are con- tional issue, it seems to me, local commu- struct, expand, or operate a lique- cerned about jobs going overseas, let us nities, who will live with our decisions far into faction or gasification natural gas ter- be reminded that we pay 25 percent the future, deserve a voice in the decision- minal, including such permits, special more than China and 14 percent more making process. than Europe. We have lost some 3 mil- Mr. CASTLE. Mr. Chairman, I yield use authorizations, certifications, opin- lion manufacturing jobs in this Nation 30 seconds to the gentleman from ions, or other approvals as may be re- related to higher natural gas prices Rhode Island (Mr. KENNEDY). quired, whether issued by a Federal or since 1999. In the last 5 years, 90,000 Mr. KENNEDY of Rhode Island. Mr. State agency.’’ jobs from the chemical industry alone Chairman, I appreciate the gentleman You are basically taking what has have been lost because of higher nat- yielding me time. been partially codified and developed ural gas prices. Mr. Chairman, we had a speaker just by procedure, and you are trying to We have doubled the price of fer- a few moments ago who said that we codify it here in what is a much tighter tilizer which increases the price for were going to have to give up jobs, measure, giving to the energy commis- farmers which is passed on in higher taxes and energy security if we had a sion the ability to make the decision food costs. Homeowners have seen a 55 pipeline that brought gas to Florida and overrule what happens at the State percent increase in natural gas prices from out of the country. and local levels. That is the problem in their home. I will tell my colleagues, in Rhode Is- that I have. This is the issue of the law of supply land we would welcome the chance to And certainly the chairman may get and demand. If we want to increase the have our gas piped in from some other up and say, Well, that is not quite what supplies, if we want to lower the cost, country because the fact of the matter it is. if we want to save jobs in America that is, our State knows, as every other It certainly can be interpreted that so many people talk about here all the State that has an LNG facility knows, way. If we look at this language, it cer- time, we have to have more natural gas that if we were to ever have that ex- tainly appears to be that way, as far as in this country, which means we should plode, it would decimate a 50-mile ra- I am concerned. be opening up safe opportunities, allow dius. They talk about safety inspections. States to monitor this, all of which is We will take our lives over our jobs, That is after it has already been built. in the energy bill. over our taxes, over our security. Let So that does not do us any good as far I recommend my colleagues oppose us support the Castle amendment. as the original preparation is con- this amendment so we can keep jobs Mr. CASTLE. Mr. Chairman, I yield cerned. and keep natural gas prices lower. 30 seconds to the gentleman from Mas- I think we need to do more than just Mr. CASTLE. Mr. Chairman, I yield sachusetts (Mr. MARKEY). consult. That is what the State role 30 seconds to the gentleman from Con- Mr. MARKEY. Mr. Chairman, this now becomes; it becomes consulting. necticut (Mr. SHAYS). issue is one of whether or not you want And let me tell my colleagues some- Mr. SHAYS. Mr. Chairman, I thank the Federal Government to decide if thing. This may be more than just the the gentleman for yielding me time. you are on a coastline in the United terminals for LNG. This could end up I support the Castle-Markey amend- States that an LNG facility is coming being other things, not in this legisla- ment and would say to my fellow Re- to your district. If you want your gov- tion necessarily, but this commission publicans, if this is the party that be- ernor, your mayors to have a role, could reach out and start to deal with lieves in local government and deci- some role, in deciding where an LNG energy lines, could start to deal with sions being made on the local level and facility is located, which would have pipelines and a variety of other things, the State level as opposed to the Fed- catastrophic consequences if there was taking away the local jurisdiction over eral level, you would be supporting this an accident or terrorist attack, you land. amendment. vote ‘‘aye’’ on the Castle amendment. If we want to protect what happens If you just want the Federal Govern- at our homes, we need to have a proc- b 1515 ment to decide in the middle of your ess by which we involve the local com- It seems absolutely clear as can be to district where this most attractive of munity, and by involving the local me that if you do not give authority, all terrorist targets will be located, community, we make the right deci- some authority, and rights to States then you vote ‘‘no,’’ but understand the sions. Yes, we have to make them, but and local communities, you are going consequences on the floor today. let us not forget the States and the

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2434 CONGRESSIONAL RECORD — HOUSE April 21, 2005 local communities; and that is what, in We need more energy for America. I Mr. ISRAEL. Mr. Chairman, I rise today in my judgment, this legislation would do wish we could produce it within our support of Mr. CASTLE’s amendment. if we do not amend it. shores, but it does not look like that is Under current law three new liquid natural Support the Castle amendment. going to be possible. We are going to gas facilities have been constructed in recent Mr. BARTON of Texas. Mr. Chair- have to go offshore. years and six others approved. Current law man, I yield myself such time as I may We have about 30 pending permits for permits construction of liquid natural gas facili- consume. LNG facilities right now under consid- ties but it doesn’t do what this bill in its Mr. Chairman, I rise in opposition to eration, and what this language does in present form would do: virtually guarantee the Castle-Markey amendment, and I the bill is give an expedited provision construction of liquid natural gas facilities in wanted this behind me. I do not oppose that the Federal Energy Regulatory any location where there is a strong energy this at all except that the color is Commission is the lead agency to expe- demand regardless of state and local con- burnt orange, which is the University dite the Federal part of it. I believe cerns that arise. These concerns can include of Texas, and this is Aggie Muster Day, this actually strengthens the State safety, environmental risks and/or terrorist April 21, when Sam Houston and his role. threats. Texans routed the Mexicans at the bat- So I would respectfully ask for a These are not concerns that should be di- tle of San Jacinto and won independ- ‘‘no’’ vote on the Castle-Markey vorced from the approval process. In fact, ence for my great State. So this is a sa- amendment, and then what we need to these concerns, and state and local govern- cred day in Aggie history, and that is work on in the conference we will work ments’ ability to represent them, ought to be the only thing I object to. on. elevated in importance. Our nation has a herit- When I look at this, what I see is en- Mr. BISHOP of New York. Mr. Chairman, I age of listening to the voice of its people. This ergy for America, I see security for rise to express my support of the amendment legislation serves only to silence the voice of America, and I also see safety. Admit- offered by Mr. CASTLE to strike the Liquefied Americans. tedly, it is a big boat and it looks Natural Gas (LNG) Siting provision in H.R. 6. The leadership of this House has turned a threatening, I will grant that; but we The language included in H.R. 6 silences the deaf ear to the concerns of Long Islanders already have existing provisions in law voices of state governments, local municipali- and to the many Americans in predicaments to make sure that these terminals that ties, and environmental advocacy organiza- like my constituents. By granting full authority are already in existence are as safe it is tions during the LNG terminal site selection over the zoning of liquid natural gas facilities possible to be. I am not aware of any process. to the federal government, this bill grossly vio- major accident, and I would stand cor- Mr. Chairman, the language in H.R. 6 solidi- lates the so-called Republican principle of rected if the gentleman from Delaware fying FERC’s exclusive role in the siting of local control. (Mr. CASTLE) or the gentleman from LNG terminals is entirely unnecessary. Until Before moving forward with any legislation recently, only one LNG importation terminal Massachusetts (Mr. MARKEY) says in regards to liquid natural gas facilities, this there has been, but I am not aware of existed in the country. There are now five in body must fully vet the issue through hearings that. operation and 6 more have already been ap- and the commissioning of appropriate studies. This particular section of the bill proved by federal regulators. The process for Not a single hearing on the pros and cons of that is before us simply says that we selecting sites and approving LNG importation the consequences of shifting zoning authority are going to need more LNG facilities, terminals is working and in no way requires away from the states and to the federal gov- which is shorthand for liquefied nat- removing partial-authority from states. The ernment was held. This is nearsighted and ir- ural gas; and we have tried to craft in new FERC rule would be another example of responsible. the guarantee that the State has a catering to the already too powerful oil and The Castle amendment ensures that local stronger role, not a weaker role. We do gas industry. oversight over these vital zoning issues re- Furthermore, when I cast my vote in support not preempt any State permit. If the mains. It provides time for the proper detailed of Mr. CASTLE’s amendment to preserve State of Massachusetts or Delaware or review of potential legal changes. I urge my states’ rights and strike this language from California or any other coastal State, colleagues to support the Castle Amendment H.R. 6, I know that I will also be speaking for and to prevent this federal power grab. if through their own permitting proc- many others residing in my district and across ess they make the decision that the The Acting CHAIRMAN (Mr. SIMP- the Nation. Numerous organizations and legis- SON). The question is on the amend- terminal should not be built, it will not lative bodies who seek to be heard will speak be built. ment offered by the gentleman from through my vote, including, but certainly not Delaware (Mr. CASTLE). What this provision does is, if a State limited to the League of Conservation Voters, agency has not made a decision, has re- The question was taken; and the Act- National Association of Counties, U.S. Public ing Chairman announced that the noes fused to make a decision, and one of Interest Research Group, National League of the parties goes into the district court appeared to have it. Cities, U.S. Conference of Mayors, and the Mr. CASTLE. Mr. Chairman, I de- here in Washington, D.C., and asks that National Conference of States Legislatures, a decision be made, that will expedite mand a recorded vote. and so many more. The Acting CHAIRMAN. Pursuant to the decision-making process. A quarter-mile long floating LNG importation clause 6 of rule XVIII, further pro- For the first time, if this provision of terminal has been proposed in the Long Island ceedings on the amendment offered by the bill were to become law, we would Sound between Connecticut and Long Island. the gentleman from Delaware (Mr. give the States a guarantee to actually Lawmakers and civic organizations at every CASTLE) will be postponed. go in and inspect these facilities under level of government in my congressional dis- Federal law, not under State law, but SEQUENTIAL VOTES POSTPONED IN COMMITTEE trict have expressed their opposition to this OF THE WHOLE under Federal law. They do not have proposal and are furious at the prospect that The Acting CHAIRMAN. Pursuant to that right now. their voices will be silenced during the FERC clause 6 of rule XVIII, proceedings will I have told the gentleman from Dela- approval process. Mr. CASTLE’s amendment, if now resume on those amendments on ware, and I will tell the gentleman passed, will allow their opinions to count. which further proceedings were post- from Massachusetts, if we defeat this The Long Island Sound is an environ- poned, in the following order: amendment and we go to conference mentally unique estuary that needs to be pro- amendment No. 25 by Mr. KUCINICH of with the existing language and we need tected. The residents and elected officials of Ohio; to in some way strengthen the States’ Long Island have fought vigorously for many amendment No. 27 by Mr. GRIJALVA rights end of this provision, I am going years and spent millions of dollars to preserve of Arizona; to be for that. I come from a coastal the quality of life that the Long Island Sound an amendment by Mrs. CAPPS of Cali- State. offers. Additionally, our tourism and fishing in- fornia; I come from a coastal State. I want dustries, which provide billions of dollars to the amendment No. 29 by Mr. HASTINGS the safest possible. That is why we state’s economy, will be threatened, as fisher- of Florida; have the increased State guarantee in men will undoubtedly be displaced. amendment No. 30 by Mr. CASTLE of the bill, because I insisted upon it; but Mr. Chairman, I will speak for my constitu- Delaware. we cannot stick our heads in the sand ents by lending my support to Mr. CASTLE’s The Chair will reduce to 5 minutes and say we do not need more LNG fa- amendment. I urge my colleagues to support the time for any electronic vote after cilities. this bipartisan measure. the first vote in this series.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2435 AMENDMENT NO. 25 OFFERED BY MR. KUCINICH Scott (GA) Stupak Wamp The result of the vote was announced Scott (VA) Sullivan Wasserman as above recorded. The Acting CHAIRMAN. The pending Serrano Sweeney Schultz business is the demand for a recorded Sherman Tanner Waters AMENDMENT NO. 27 OFFERED BY MR. GRIJALVA vote on the amendment offered by the Shimkus Tauscher Watson The Acting CHAIRMAN (Mr. SIMP- Shuster Taylor (MS) gentleman from Ohio (Mr. KUCINICH) on Watt Simmons Taylor (NC) SON). The pending business is the de- which further proceedings were post- Waxman Simpson Thompson (MS) Weiner mand for a recorded vote on the Skelton Tiahrt poned and on which the ayes prevailed Weldon (PA) amendment offered by the gentleman Slaughter Tierney by voice vote. Weller Smith (NJ) Towns from Arizona (Mr. GRIJALVA) on which Wexler The Clerk will redesignate the Smith (WA) Udall (CO) further proceedings were postponed and amendment. Snyder Udall (NM) Wilson (NM) on which the noes prevailed by voice Woolsey The Clerk redesignated the amend- Solis Upton vote. Spratt Van Hollen Wu ment. Stark Visclosky Wynn The Clerk will redesignate the RECORDED VOTE Strickland Walden (OR) Young (FL) amendment. The Acting CHAIRMAN. A recorded NOES—171 The Clerk redesignated the amend- ment. vote has been demanded. Aderholt Franks (AZ) Moran (KS) A recorded vote was ordered. Akin Garrett (NJ) Musgrave RECORDED VOTE Alexander Gillmor Myrick The Acting CHAIRMAN. A recorded The vote was taken by electronic de- Bachus Gingrey Neugebauer vice, and there were—ayes 259, noes 171, Baker Gohmert Ney vote has been demanded. not voting 4, as follows: Barrett (SC) Goode Northup A recorded vote was ordered. Bass Goodlatte Norwood [Roll No. 127] The Acting CHAIRMAN. This will be Beauprez Granger Nunes a 5-minute vote. AYES—259 Biggert Graves Nussle Bishop (UT) Green (WI) Oxley The vote was taken by electronic de- Abercrombie Farr McCollum (MN) Blackburn Gutknecht vice, and there were—ayes 203, noes 227, Ackerman Fattah McCotter Paul Blunt Harris Pearce not voting 4, as follows: Allen Ferguson McDermott Boehner Hart Andrews Filner McGovern Pence [Roll No. 128] Bonilla Hastings (WA) Peterson (PA) Baca Fitzpatrick (PA) McHugh Bonner Hayes Baird Ford McIntyre Petri AYES—203 Bono Hayworth Pickering Baldwin Fortenberry McKinney Boozman Hensarling Abercrombie Green (WI) Moore (WI) Pitts Barrow Frank (MA) McNulty Boren Herger Ackerman Grijalva Moran (VA) Poe Bartlett (MD) Frelinghuysen Meehan Boustany Hobson Allen Gutierrez Murtha Pombo Barton (TX) Gallegly Meek (FL) Bradley (NH) Hoekstra Andrews Harman Nadler Price (GA) Bean Gerlach Meeks (NY) Brown (SC) Hostettler Baca Hastings (FL) Napolitano Pryce (OH) Becerra Gibbons Melancon Brown-Waite, Hyde Baird Herseth Neal (MA) Putnam Berkley Gilchrest Menendez Ginny Inglis (SC) Baldwin Higgins Oberstar Radanovich Berry Gonzalez Michaud Buyer Issa Barrow Hinchey Obey Rehberg Bilirakis Gordon Millender- Calvert Istook Bass Holden Olver Reichert Bishop (GA) Green, Al McDonald Camp Jenkins Bean Holt Owens Reynolds Bishop (NY) Green, Gene Miller (MI) Cannon Jindal Becerra Honda Pallone Blumenauer Grijalva Miller (NC) Cantor Johnson (IL) Rogers (KY) Berkley Hooley Pascrell Boehlert Gutierrez Miller, George Capito Johnson, Sam Ros-Lehtinen Berman Hoyer Pastor Boswell Hall Mollohan Capuano Jones (NC) Ross Berry Inglis (SC) Payne Boucher Harman Moore (KS) Carter Keller Royce Bishop (NY) Inslee Pelosi Boyd Hastings (FL) Moore (WI) Castle King (IA) Ryan (WI) Blumenauer Israel Petri Brady (PA) Hefley Moran (VA) Chabot King (NY) Ryun (KS) Boehlert Jackson (IL) Platts Brady (TX) Herseth Murphy Chocola Kingston Sensenbrenner Boyd Johnson (CT) Pomeroy Brown (OH) Higgins Murtha Cole (OK) Kline Sessions Bradley (NH) Johnson (IL) Price (NC) Brown, Corrine Hinchey Nadler Conaway Knollenberg Shadegg Brady (PA) Johnson, E. B. Rahall Burgess Hinojosa Napolitano Cooper Kolbe Shaw Brown (OH) Jones (OH) Ramstad Burton (IN) Holden Neal (MA) Cramer Kuhl (NY) Shays Butterfield Kanjorski Rangel Butterfield Holt Capps Kaptur Oberstar Crenshaw Latham Sherwood Rothman Capps Honda Obey Capuano Kennedy (MN) Cubin Lewis (CA) Smith (TX) Roybal-Allard Cardin Hooley Olver Cardin Kennedy (RI) Culberson Lewis (KY) Sodrel Royce Cardoza Hoyer Ortiz Carnahan Kildee Davis, Jo Ann Linder Souder Ruppersberger Carnahan Hulshof Osborne Case Kilpatrick (MI) Davis, Tom Lofgren, Zoe Stearns Rush Carson Hunter Otter Castle Kind Deal (GA) Lucas Tancredo Ryan (OH) Case Inslee Owens Chandler Kirk Diaz-Balart, L. Lungren, Daniel Terry Sabo Chandler Israel Pallone Clay Kucinich Diaz-Balart, M. E. Thomas Sa´ nchez, Linda Clay Jackson (IL) Pascrell Cleaver LaHood Doggett Lynch Thompson (CA) T. Cleaver Jackson-Lee Pastor Clyburn Langevin Drake Mack Thornberry Sanchez, Loretta Clyburn (TX) Payne Conyers Lantos Dreier Marchant Tiberi Sanders Coble Jefferson Pelosi Cooper Larsen (WA) Duncan Matheson Turner Saxton Conyers Johnson (CT) Peterson (MN) Costello Larson (CT) Ehlers McCaul (TX) Walsh Schakowsky Costa Johnson, E. B. Platts English (PA) McCrery Weldon (FL) Crowley Leach Costello Jones (OH) Pomeroy Cummings Lee Schiff Everett McHenry Westmoreland Schwartz (PA) Cox Kanjorski Porter Feeney McKeon Whitfield Davis (AL) Levin Crowley Kaptur Portman Davis (CA) Lewis (GA) Scott (VA) Flake McMorris Wicker Sensenbrenner Cuellar Kennedy (MN) Price (NC) Foley Mica Wilson (SC) Davis (IL) Lipinski Cummings Kennedy (RI) Rahall Davis (TN) LoBiondo Serrano Forbes Miller (FL) Wolf Shays Cunningham Kildee Ramstad Foxx Miller, Gary Young (AK) DeFazio Lofgren, Zoe Davis (AL) Kilpatrick (MI) Rangel DeGette Lowey Sherman Davis (CA) Kind Regula NOT VOTING—4 Delahunt Lynch Simmons Davis (FL) Kirk Renzi DeLauro Maloney Skelton Berman Kelly Slaughter Davis (IL) Kucinich Reyes Fossella Vela´ zquez Dicks Markey Davis (KY) LaHood Rogers (AL) Dingell Marshall Smith (NJ) Davis (TN) Langevin Rogers (MI) b 1553 Doggett Matsui Smith (WA) DeFazio Lantos Rohrabacher Doyle McCarthy Snyder DeGette Larsen (WA) Rothman Messrs. KINGSTON, CAPUANO, and Ehlers McCollum (MN) Solis Delahunt Larson (CT) Roybal-Allard MORAN of Kansas changed their vote Emanuel McDermott Spratt DeLauro LaTourette Ruppersberger from ‘‘aye’’ to ‘‘no.’’ Engel McGovern Stark DeLay Leach Rush Eshoo McIntyre Strickland Messrs. DELAY, BURTON OF INDI- Dent Lee Ryan (OH) Etheridge McKinney Stupak Dicks Levin Sabo ANA, BURGESS, GIBBONS, SHIMKUS, Evans McNulty Tanner Dingell Lewis (GA) Salazar PORTER, WELLER, GERLACH, Farr Meehan Tauscher Doolittle Lipinski Sa´ nchez, Linda UPTON, RENZI, SHUSTER, SAXTON, Fattah Meek (FL) Taylor (MS) Doyle LoBiondo T. Ferguson Meeks (NY) Thompson (CA) Edwards Lowey Sanchez, Loretta WAMP, GALLEGLY, MCHUGH, KIRK, Filner Menendez Thompson (MS) Emanuel Maloney Sanders MURPHY, TIAHRT, BRADY of Texas, Fitzpatrick (PA) Michaud Tierney Emerson Manzullo Saxton COBLE, REYES, RAMSTAD and Mrs. Ford Millender- Udall (CO) Engel Markey Schakowsky MILLER of Michigan changed their Frank (MA) McDonald Udall (NM) Eshoo Marshall Schiff Frelinghuysen Miller (NC) Upton Etheridge Matsui Schwartz (PA) vote from ‘‘no’’ to ‘‘aye.’’ Gerlach Miller, George Van Hollen Evans McCarthy Schwarz (MI) So the amendment was agreed to. Gordon Moore (KS) Visclosky

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2436 CONGRESSIONAL RECORD — HOUSE April 21, 2005 Wasserman Watt Wexler The result of the vote was announced Towns Wasserman Weiner Schultz Waxman Woolsey as above recorded. Udall (CO) Schultz Weldon (PA) Waters Weiner Wu Udall (NM) Waters Wexler Watson Weldon (PA) Wynn AMENDMENT OFFERED BY MRS. CAPPS Van Hollen Watson Wolf Woolsey NOES—227 The Acting CHAIRMAN. The pending Visclosky Watt Waxman Wu Aderholt Gallegly Ney business is the demand for a recorded Wynn Akin Garrett (NJ) Northup vote on the amendment offered by the NOES—219 Alexander Gibbons Norwood gentlewoman from California (Mrs. Bachus Gilchrest Nunes CAPPS) on which further proceedings Abercrombie Gallegly Musgrave Baker Gillmor Nussle Aderholt Garrett (NJ) Myrick Barrett (SC) Gingrey Ortiz were postponed and on which the noes Akin Gerlach Neugebauer Bartlett (MD) Gohmert Osborne prevailed by voice vote. Alexander Gibbons Ney Barton (TX) Gonzalez Otter The Clerk will designate the amend- Bachus Gillmor Northup Beauprez Goode Oxley Baker Gingrey Norwood Biggert Goodlatte Paul ment. Barrett (SC) Gohmert Nunes Bilirakis Granger Pearce The Clerk designated the amend- Bartlett (MD) Gonzalez Nussle Bishop (GA) Graves Pence ment. Barton (TX) Goodlatte Ortiz Bishop (UT) Green, Al Peterson (MN) Bass Granger Osborne Blackburn Green, Gene Peterson (PA) RECORDED VOTE Beauprez Graves Otter Blunt Gutknecht Pickering The Acting CHAIRMAN. A recorded Biggert Green, Al Oxley Boehner Hall Pitts vote has been demanded. Bilirakis Green, Gene Paul Bonilla Harris Poe Bishop (UT) Gutknecht Pearce Bonner Hart Pombo A recorded vote was ordered. Blackburn Hall Pence Bono Hastings (WA) Porter The Acting CHAIRMAN. This will be Blunt Harris Peterson (PA) Boozman Hayes Portman a 5-minute vote. Boehner Hart Petri Boren Hayworth Bonilla Hastert Pickering Price (GA) The vote was taken by electronic de- Boswell Hefley Pryce (OH) Bonner Hastings (WA) Pitts Boucher Hensarling Putnam vice, and there were—ayes 213, noes 219, Bono Hayes Poe Boustany Herger Radanovich not voting 3, as follows: Boozman Hayworth Pombo Brady (TX) Hinojosa Boren Hefley Porter Regula [Roll No. 129] Brown (SC) Hobson Rehberg Boustany Hensarling Portman Brown-Waite, Hoekstra Reichert AYES—213 Brady (TX) Herger Price (GA) Ginny Hostettler Brown (SC) Hinojosa Pryce (OH) Renzi Ackerman Frelinghuysen Miller, George Burgess Hulshof Brown-Waite, Hobson Putnam Reyes Allen Gilchrest Mollohan Burton (IN) Hunter Ginny Hoekstra Radanovich Reynolds Andrews Goode Moore (KS) Buyer Hyde Burgess Hostettler Regula Rogers (AL) Baca Gordon Moore (WI) Calvert Issa Burton (IN) Hulshof Rehberg Rogers (KY) Baird Green (WI) Moran (VA) Camp Istook Buyer Hunter Renzi Rogers (MI) Baldwin Grijalva Murtha Cannon Jackson-Lee Calvert Hyde Reyes Rohrabacher Barrow Gutierrez Nadler Cantor (TX) Camp Inglis (SC) Reynolds Ros-Lehtinen Bean Harman Napolitano Capito Jefferson Cannon Issa Rogers (AL) Ross Becerra Hastings (FL) Neal (MA) Cardoza Jenkins Cantor Istook Rogers (KY) Ryan (WI) Berkley Herseth Oberstar Carson Jindal Capito Jackson-Lee Rogers (MI) Ryun (KS) Berman Higgins Obey Carter Johnson, Sam Carter (TX) Rohrabacher Salazar Berry Hinchey Olver Chabot Jones (NC) Chabot Jenkins Ros-Lehtinen Schwarz (MI) Bishop (GA) Holden Owens Chocola Keller Chocola Jindal Royce Scott (GA) Bishop (NY) Holt Pallone Coble King (IA) Coble Johnson, Sam Ryun (KS) Sessions Blumenauer Honda Pascrell Cole (OK) King (NY) Cole (OK) Jones (NC) Schwarz (MI) Shadegg Boehlert Hooley Pastor Conaway Kingston Conaway Kennedy (MN) Sessions Shaw Boswell Hoyer Payne Costa Kline Cox King (IA) Shadegg Sherwood Boucher Inslee Pelosi Cox Knollenberg Cramer King (NY) Shaw Shimkus Boyd Israel Peterson (MN) Cramer Kolbe Crenshaw Kingston Shays Shuster Bradley (NH) Jackson (IL) Platts Crenshaw Kuhl (NY) Cubin Kline Sherwood Simpson Brady (PA) Jefferson Pomeroy Cubin Latham Cuellar Knollenberg Shimkus Smith (TX) Brown (OH) Johnson (CT) Price (NC) Cuellar LaTourette Culberson Kolbe Shuster Brown, Corrine Johnson (IL) Rahall Culberson Lewis (CA) Sodrel Cunningham Kuhl (NY) Simpson Butterfield Johnson, E. B. Ramstad Cunningham Lewis (KY) Souder Davis (IL) LaHood Smith (TX) Capps Jones (OH) Rangel Davis (FL) Linder Stearns Davis (KY) Latham Sodrel Capuano Kanjorski Reichert Davis (KY) Lucas Sullivan Davis, Jo Ann LaTourette Souder Cardin Kaptur Ross Davis, Jo Ann Lungren, Daniel Sweeney Deal (GA) Lewis (CA) Stearns Cardoza Kennedy (RI) Rothman Davis, Tom E. Tancredo DeLay Lewis (KY) Sullivan Carnahan Kildee Roybal-Allard Deal (GA) Mack Taylor (NC) Dent Linder Tancredo Carson Kilpatrick (MI) Ruppersberger DeLay Manzullo Terry Diaz-Balart, L. Lucas Taylor (NC) Case Kind Rush Dent Marchant Thomas Diaz-Balart, M. Lungren, Daniel Terry Castle Kirk Ryan (OH) Diaz-Balart, L. Matheson Thornberry Doolittle E. Thomas Chandler Kucinich Ryan (WI) Diaz-Balart, M. McCaul (TX) Tiahrt Drake Mack Thornberry Clay Langevin Sabo Doolittle McCotter Tiberi Dreier Manzullo Tiahrt Cleaver Lantos Salazar Drake McCrery Towns Duncan Marchant Tiberi Clyburn Larsen (WA) Sa´ nchez, Linda Dreier McHenry Turner Edwards McCaul (TX) Turner Conyers Larson (CT) T. Duncan McHugh Walden (OR) Ehlers McCotter Upton Cooper Leach Sanchez, Loretta Edwards McKeon Walsh Emerson McCrery Walden (OR) Costa Lee Sanders Emerson McMorris Wamp English (PA) McHenry Walsh Costello Levin Saxton English (PA) Melancon Weldon (FL) Everett McHugh Wamp Crowley Lewis (GA) Schakowsky Everett Miller (FL) Weller Feeney McKeon Weldon (FL) Cummings Lipinski Schiff Feeney Miller (MI) Westmoreland Ferguson McMorris Weller Davis (AL) LoBiondo Schwartz (PA) Flake Miller, Gary Whitfield Flake Melancon Westmoreland Davis (CA) Lofgren, Zoe Scott (GA) Foley Mollohan Wicker Foley Mica Whitfield Davis (FL) Lowey Scott (VA) Forbes Moran (KS) Wilson (NM) Forbes Miller (FL) Wicker Davis (TN) Lynch Sensenbrenner Fortenberry Murphy Wilson (SC) Fortenberry Miller (MI) Wilson (NM) Davis, Tom Maloney Serrano Fossella Musgrave Wolf Fossella Miller, Gary Wilson (SC) DeFazio Markey Sherman Foxx Myrick Young (AK) Foxx Moran (KS) Young (AK) DeGette Marshall Simmons Franks (AZ) Neugebauer Young (FL) Franks (AZ) Murphy Young (FL) Delahunt Matheson Skelton NOT VOTING—4 DeLauro Matsui Slaughter NOT VOTING—3 Dicks McCarthy Smith (NJ) Brown, Corrine Mica Keller Kelly Vela´ zquez Kelly Vela´ zquez Dingell McCollum (MN) Smith (WA) Doggett McDermott Snyder ANNOUNCEMENT BY THE ACTING CHAIRMAN ANNOUNCEMENT BY THE ACTING CHAIRMAN Doyle McGovern Solis The Acting CHAIRMAN (during the Emanuel McIntyre Spratt The Acting CHAIRMAN (Mr. SIMP- vote). Members are advised 2 minutes Engel McKinney Stark SON) (during the vote). Members are ad- Eshoo McNulty Strickland vised that 2 minutes remain in this remain in this vote. Etheridge Meehan Stupak Evans Meek (FL) Sweeney vote. b 1601 Farr Meeks (NY) Tanner Mrs. JONES of Ohio and Mr. GOR- Fattah Menendez Tauscher b 1610 DON changed their vote from ‘‘no’’ to Filner Michaud Taylor (MS) Mr. RYAN of Wisconsin changed his Fitzpatrick (PA) Millender- Thompson (CA) ‘‘aye.’’ Ford McDonald Thompson (MS) vote from ‘‘no’’ to ‘‘aye.’’ So the amendment was rejected. Frank (MA) Miller (NC) Tierney So the amendment was rejected.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2437 The result of the vote was announced NOES—243 Stated for: as above recorded. Aderholt Frelinghuysen Nunes Mr. SHAYS. Mr. Chairman, on April 21, I in- Akin Gallegly Nussle advertently missed a recorded vote. AMENDMENT NO. 29 OFFERED BY MR. HASTINGS Alexander Garrett (NJ) Osborne OF FLORIDA Bachus Gerlach Otter I take my voting responsibility very seriously The Acting CHAIRMAN. The pending Baker Gibbons Oxley and would like the CONGRESSIONAL RECORD to Barrett (SC) Gilchrest business is the demand for a recorded Paul reflect that I would have voted ‘‘yes’’ on re- Bartlett (MD) Gillmor Pearce corded vote number 130. vote on the amendment offered by the Barton (TX) Gingrey Pence gentleman from Florida (Mr. HASTINGS) Bass Gohmert Peterson (MN) AMENDMENT NO. 30 OFFERED BY MR. CASTLE on which further proceedings were Beauprez Goode Peterson (PA) The Acting CHAIRMAN. The pending Berry Goodlatte Petri business is the demand for a recorded postponed and on which the noes pre- Biggert Gordon Pickering vailed by voice vote. Bilirakis Granger Pitts vote on the amendment offered by the The Clerk will redesignate the Bishop (UT) Graves Platts gentleman from Delaware (Mr. CASTLE) Blackburn Green (WI) Poe on which further proceedings were amendment. Blunt Gutknecht Pombo postponed and on which the noes pre- The Clerk redesignated the amend- Boehlert Harris Pomeroy Boehner Hart vailed by voice vote. ment. Porter Bonilla Hastings (WA) Portman The Clerk will redesignate the RECORDED VOTE Bonner Hayes Price (GA) amendment. Bono Hayworth Pryce (OH) The Acting CHAIRMAN. A recorded Boozman Hefley Putnam The Clerk redesignated the amend- vote has been demanded. Boren Hensarling Radanovich ment. Boucher Herger A recorded vote was ordered. Ramstad RECORDED VOTE Boustany Hobson Regula The Acting CHAIRMAN. This will be Bradley (NH) Hoekstra Rehberg The Acting CHAIRMAN. A recorded a 5-minute vote. Brady (TX) Hostettler Reichert vote has been demanded. Brown (SC) Hulshof Renzi The vote was taken by electronic de- Brown-Waite, Hunter A recorded vote was ordered. Reynolds The Acting CHAIRMAN. This will be vice, and there were—ayes 185, noes 243, Ginny Hyde Rogers (AL) Burgess Inglis (SC) not voting 6, as follows: Rogers (KY) a 5-minute vote. Burton (IN) Issa Rogers (MI) The vote was taken by electronic de- Buyer Istook [Roll No. 130] Rohrabacher Calvert Jenkins vice, and there were—ayes 194, noes 237, Ros-Lehtinen AYES—185 Camp Jindal not voting 3, as follows: Royce Cannon Johnson (CT) Abercrombie Herseth Napolitano Ryan (WI) [Roll No. 131] Cantor Johnson, Sam Ackerman Higgins Neal (MA) Ryun (KS) Capito Jones (NC) AYES—194 Allen Hinchey Oberstar Saxton Cardoza Keller Andrews Hinojosa Obey Schwarz (MI) Abercrombie Filner Menendez Carnahan Kennedy (MN) Baca Holden Olver Sensenbrenner Ackerman Ford Michaud Baird Holt Carter King (IA) Ortiz Sessions Allen Fossella Millender- Baldwin Honda Owens Case King (NY) Shadegg Andrews Frank (MA) McDonald Barrow Hooley Pallone Castle Kingston Shaw Baca Frelinghuysen Miller (FL) Bean Hoyer Pascrell Chabot Kirk Sherwood Baird Gerlach Miller (NC) Becerra Inslee Pastor Chocola Kline Shimkus Baldwin Gilchrest Miller, George Berkley Israel Payne Coble Knollenberg Shuster Barrow Grijalva Mollohan Berman Jackson (IL) Pelosi Cole (OK) Kolbe Simmons Bean Gutierrez Moore (KS) Bishop (GA) Jackson-Lee Price (NC) Conaway Kuhl (NY) Simpson Becerra Gutknecht Moore (WI) Bishop (NY) (TX) Rahall Cooper LaHood Skelton Berkley Harman Nadler Blumenauer Jefferson Rangel Costa Latham Smith (NJ) Berman Hastings (FL) Napolitano Boswell Johnson (IL) Reyes Cox LaTourette Bishop (NY) Higgins Smith (TX) Neal (MA) Boyd Johnson, E. B. Ross Cramer Leach Blumenauer Hinchey Oberstar Snyder Brady (PA) Jones (OH) Rothman Crenshaw Lewis (CA) Boehlert Holt Obey Sodrel Brown (OH) Kanjorski Roybal-Allard Culberson Lewis (KY) Bonner Honda Olver Souder Brown, Corrine Kaptur Ruppersberger Cunningham Linder Boyd Hooley Pallone Stearns Butterfield Kennedy (RI) Rush Davis (KY) LoBiondo Brady (PA) Hoyer Pascrell Sullivan Capps Kildee Ryan (OH) Davis (TN) Lucas Brown (OH) Inslee Pastor Sweeney Capuano Kilpatrick (MI) Sabo Davis, Jo Ann Lungren, Daniel Brown (SC) Israel Paul Tancredo Cardin Kind Salazar Davis, Tom E. Brown, Corrine Jackson (IL) Payne Tanner Carson Kucinich Sa´ nchez, Linda Deal (GA) Mack Butterfield Jenkins Pelosi Taylor (MS) Chandler Langevin T. DeLay Manzullo Calvert Johnson (CT) Platts Taylor (NC) Clay Lantos Sanchez, Loretta Dent Marchant Capps Johnson, E. B. Price (NC) Cleaver Larsen (WA) Sanders Diaz-Balart, L. Marshall Terry Capuano Jones (NC) Rahall Clyburn Larson (CT) Schakowsky Diaz-Balart, M. McCaul (TX) Thomas Cardin Kaptur Ramstad Conyers Lee Schiff Doolittle McCotter Thornberry Cardoza Keller Rangel Costello Levin Schwartz (PA) Drake McCrery Tiahrt Carnahan Kennedy (RI) Rohrabacher Crowley Lewis (GA) Scott (GA) Dreier McHenry Tiberi Carson Kildee Rothman Cuellar Lipinski Scott (VA) Duncan McHugh Turner Case Kind Roybal-Allard Cummings Lofgren, Zoe Serrano Edwards McKeon Upton Castle King (NY) Ruppersberger Davis (AL) Lowey Sherman Ehlers McMorris Walden (OR) Chandler Kirk Ryan (OH) Davis (CA) Lynch Slaughter Emerson Mica Walsh Clay Kucinich Sabo Davis (FL) Maloney Smith (WA) Everett Miller (FL) Wamp Cleaver Langevin Salazar Davis (IL) Markey Solis Feeney Miller (MI) Weldon (FL) Clyburn Lantos Sa´ nchez, Linda DeFazio Matheson Spratt Ferguson Miller, Gary Weldon (PA) Conyers Larsen (WA) T. DeGette Matsui Stark Fitzpatrick (PA) Moran (KS) Weller Costa Larson (CT) Sanchez, Loretta Delahunt McCarthy Strickland Flake Murphy Westmoreland Costello Lee Sanders DeLauro McCollum (MN) Stupak Foley Musgrave Whitfield Crowley Levin Saxton Dicks McDermott Tauscher Forbes Myrick Wicker Davis (CA) Lewis (GA) Schakowsky Dingell McGovern Thompson (CA) Fortenberry Neugebauer Wilson (SC) Davis (FL) Linder Schiff Doggett McIntyre Thompson (MS) Fossella Ney Wolf Davis (IL) Lipinski Schwartz (PA) Doyle McKinney Tierney Foxx Northup Young (AK) Davis, Jo Ann LoBiondo Scott (VA) Emanuel McNulty Towns Franks (AZ) Norwood Young (FL) DeFazio Lofgren, Zoe Serrano Engel Meehan Udall (CO) NOT VOTING—6 DeGette Lowey Shaw Eshoo Meek (FL) Udall (NM) Delahunt Lynch Shays Etheridge Meeks (NY) Van Hollen Cubin Hall Shays DeLauro Mack Sherman Evans Melancon Visclosky English (PA) Kelly Vela´ zquez Dicks Maloney Simmons Farr Menendez Wasserman Dingell Markey Slaughter Fattah Michaud Schultz ANNOUNCEMENT BY THE ACTING CHAIRMAN Doggett Matsui Smith (NJ) Filner Millender- Waters The Acting CHAIRMAN (during the Ehlers McCarthy Smith (WA) Ford McDonald Watson vote). Members are advised that 2 min- Emanuel McCollum (MN) Snyder Frank (MA) Miller (NC) Watt Emerson McDermott Solis Gonzalez Miller, George Waxman utes remain in this vote. Engel McGovern Spratt Green, Al Mollohan Weiner Eshoo McKinney Stark Green, Gene Moore (KS) Wexler b 1617 Etheridge McNulty Strickland Grijalva Moore (WI) Wilson (NM) So the amendment was rejected. Evans Meehan Stupak Gutierrez Moran (VA) Woolsey Farr Meek (FL) Tanner Harman Murtha Wu The result of the vote was announced Fattah Meeks (NY) Tauscher Hastings (FL) Nadler Wynn as above recorded.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2438 CONGRESSIONAL RECORD — HOUSE April 21, 2005 Taylor (MS) Wasserman Weldon (PA) b 1626 sider essentially the same bill. Congress had Thompson (CA) Schultz Wexler a great opportunity to produce a balanced en- Thompson (MS) Waters Wolf Mr. MORAN of Virginia changed his Tierney Watson Woolsey vote from ‘‘aye’’ to ‘‘no.’’ ergy policy that is diversified, reduces our de- Udall (CO) Watt Wu So the amendment was rejected. pendence on oil and invests in alternative en- Udall (NM) Waxman Young (FL) ergy, but our leadership chose to essentially Van Hollen Weiner The result of the vote was announced as above recorded. recycle an old bill that favors special interests NOES—237 Mr. HASTERT. Mr. Chairman, American over consumers. Aderholt Gillmor Neugebauer consumers are being hit hard at the gas pump This is not the way to make policy. Amer- Akin Gingrey Ney ican energy policy is at the crossroads and Alexander Gohmert Northup right now. The legislation we have on the floor today will go a long way towards giving our our national security is being compromised Bachus Gonzalez Norwood daily by our dependence on foreign energy Baker Goode Nunes Nation the sound, comprehensive energy pol- supplies. Today, oil is at over $50 per barrel Barrett (SC) Goodlatte Nussle icy that our citizens need and deserve. Bartlett (MD) Gordon Ortiz and we still haven’t passed reliability stand- Barton (TX) Granger Osborne Our Nation is too dependent on a fickle for- eign oil market that is being stretched to the ards to address the electricity blackout that as- Bass Graves Otter saulted the Northeast and Midwest in 2003. Beauprez Green (WI) Owens limit by global demands. Berry Green, Al Oxley The evidence can be seen at gas stations Blackouts cost consumers $80 billion, and yet Biggert Green, Gene Pearce across the United States. Recently, the na- this bill caps the necessary spending to do an Bilirakis Hall Pence acceptable job of providing reliability. Partisan Bishop (GA) Harris Peterson (MN) tional average price of gasoline hit an all-time politics have paralyzed this Congress into Bishop (UT) Hart Peterson (PA) high of $2.28 a gallon. Oil prices, at one point, Blackburn Hastings (WA) Petri deadlock and our Nation’s energy has suffered jumped to almost $58 a barrel. Analyst fore- Blunt Hayes Pickering the consequences. cast a higher spike to $60 soon. Boehner Hayworth Pitts Although I appreciate Chairman BARTON’s Bonilla Hefley Poe In some parts of the country, like the West willingness to extend hearings on energy this Bono Hensarling Pombo Coast, gas has jumped to more than $2.50 for Boozman Herger Pomeroy year prior to the 109th Congress’s consider- Boren Herseth Porter a gallon of unleaded. ation of the Energy Policy Act, I was very dis- The House has passed energy legislation Boswell Hinojosa Portman appointed that a letter that 14 of my col- Boucher Hobson Price (GA) three times. Each time it has been blocked for leagues and I sent to Chairman BARTON at the Boustany Hoekstra Pryce (OH) partisan gamesmanship. Bradley (NH) Holden Putnam beginning of February requesting that our Meanwhile, families are finding it more ex- Brady (TX) Hostettler Radanovich committee invite the National Commission on Brown-Waite, Hulshof Regula pensive to plan a family vacation or even drive Energy Policy to testify went unanswered. In Ginny Hunter Rehberg their kids to little league practice. Many of our February, Secretary Bodman testified of his fa- Burgess Hyde Reichert small business owners, like florists, truck driv- Burton (IN) Inglis (SC) Renzi miliarity with the NCEP’s report and of his will- Buyer Issa Reyes ers and pizza delivery companies, are strug- ingness to work with Congress to produce a Camp Istook Reynolds gling to make ends meet. bill in a bipartisan fashion. If the NCEP was Cannon Jackson-Lee Rogers (AL) This is unacceptable. America is in the Cantor (TX) Rogers (KY) able to bridge the differences between Repub- midst of an energy crisis that threatens our Capito Jefferson Rogers (MI) licans and Democrats, industry and labor, per- Carter Jindal Ros-Lehtinen national and economic security. haps we could have too. Chabot Johnson (IL) Ross The House legislation does a number of And yet, here we are again, with a bill strik- Chocola Johnson, Sam Royce things to address the crisis. Coble Jones (OH) Rush ingly similar to the one we considered over Cole (OK) Kanjorski Ryan (WI) It reduces our dependence on foreign oil by two years ago. There is a laundry list of prob- Conaway Kennedy (MN) Ryun (KS) expanding domestic supplies and allowing oil lems in this bill. There is nothing in this bill Cooper Kilpatrick (MI) Schwarz (MI) and gas exploration right here in the United that reduces our consumption of oil or reduces Cox King (IA) Scott (GA) States. Incentives are provided for the energy Cramer Kingston Sensenbrenner the price of oil. The Energy Information Agen- Crenshaw Kline Sessions industry to increase refining capacity for gaso- cy has stated in a 2004 report that under poli- Cubin Knollenberg Shadegg line, diesel fuel, home heating oil and jet fuel. cies proposed by the Energy Policy Act, by Cuellar Kolbe Sherwood And, this legislation makes a significant ven- Culberson Kuhl (NY) Shimkus 2025, U.S. consumption is projected to in- Cummings LaHood Shuster ture into the use of renewable fuels like eth- crease to 28.3 million barrels per day and our Cunningham Latham Simpson anol and biodiesel—environmentally safe alter- country would increase its imports of foreign Davis (AL) LaTourette Skelton natives that can be found in the corn, soybean oil by 85 percent. It even found that gasoline Davis (KY) Leach Smith (TX) and sugarcane fields right here in the United Davis (TN) Lewis (CA) Sodrel prices under the bill would increase more than Davis, Tom Lewis (KY) Stearns States. if the bill was not enacted. Deal (GA) Lucas Sullivan Under this legislation, our citizens would The bill’s provision protecting manufacturers DeLay Lungren, Daniel Sweeney have access to more fuel efficient cars. It Dent E. Tancredo of MTBE from liability for contaminating water Diaz-Balart, L. Manzullo Taylor (NC) launches a state-of-the-art program to have supplies means that taxpayers will bear bil- Diaz-Balart, M. Marchant Terry emission-free hydrogen fuel cell vehicles on lions of dollars in cleanup costs, while at the Doolittle Marshall Thomas the road by the year 2020. same time paying MTBE manufacturers $2 bil- Doyle Matheson Thornberry And, it provides grants to State and local Drake McCaul (TX) Tiahrt lion in subsidies. In a much anticipated ruling Dreier McCotter Tiberi governments to acquire alternative fueled ve- yesterday in the Southern District of New Duncan McCrery Towns hicles, hybrids and ultra-low sulfur vehicles. York, a Federal judge who had consolidated Edwards McHenry Turner There’s also a positive economic aspect to over 80 MTBE lawsuits brought by local gov- English (PA) McHugh Upton the bill. It would create nearly half a million Everett McIntyre Visclosky ernments and State Attorney Generals, ruled Feeney McKeon Walden (OR) jobs in the manufacturing, construction, agri- that all of the cases can proceed against the Ferguson McMorris Walsh culture and technology sectors. oil industry. Including the MTBE liability waiver Fitzpatrick (PA) Melancon Wamp House Republicans have produced a bill Flake Mica Weldon (FL) in the bill would essentially undermine this rul- Foley Miller (MI) Weller that is environmentally friendly yet comprehen- ing, while at the same time cutting off the Forbes Miller, Gary Westmoreland sive, sound and balanced. More importantly, it most effective tool that States and local gov- Fortenberry Moran (KS) Whitfield eases America’s dependence on an unpredict- ernments have utilized to clean up their drink- Foxx Moran (VA) Wicker able foreign market. Franks (AZ) Murphy Wilson (NM) ing water. Gallegly Murtha Wilson (SC) This legislation provides a clear path to- New York, which banned MTBE on January Garrett (NJ) Musgrave Wynn wards the more efficient, reliable and afford- 1, 2004, will long be dealing with the repercus- Gibbons Myrick Young (AK) able energy policy that our citizens deserve. I sions of MTBE contamination. The New York NOT VOTING—3 urge the obstructionists to put partisan politics State Department of Environmental Conserva- Kelly Souder Vela´ zquez aside for the good of the American people and tion says there are about 10,000 MTBE spills support this legislation. throughout the state. The average cost per ANNOUNCEMENT BY THE ACTING CHAIRMAN Mr. ENGEL. Mr. Chairman, serious prob- clean up is about $1 million which translates The Acting CHAIRMAN (Mr. SIMP- lems deserve respectful consideration. The in- to a cost of about $10 billion statewide. SON) (during the vote). Members are ad- tense polarization of the energy debate has In and around Jamaica, Queens, where vised that 2 minutes remain in this been compounded by the leadership’s insist- more than a million NYC residents and busi- vote. ence on repeatedly forcing Congress to con- nesses rely on groundwater instead of surface

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2439 water from the upstate reservoirs, MTBE has Mr. MEEHAN. Mr. Chairman, I rise in strong H.R. 6 does contain some encouraging provi- contaminated much of the groundwater supply opposition to this imbalanced energy bill, sions, such as increasing use of ethanol and in the aquifer. Gasoline refiners choose less which allows big energy companies to exploit biodiesel, but these provisions are far out- expensive MTBE from among a number of ox- our natural resources at the expense of U.S. weighed by the bill’s misguided support of oil. ygenate options and knew at the time of the taxpayers. We need to create new, clean, renewable re- contamination risk that MTBE posed to The bill would repeal the Public Utilities sources for addressing our current and future groundwater. The refiners should therefore Holding Companies Act—PUHCA—which pre- needs and develop technology and programs pay for MTBE remediation efforts. vents big energy firms, like Enron, from driving that encourage conservation. Perhaps most insulting to the taxpayers is smaller utilities out of business and monopo- This legislation would allow the oil industry, the billions to be spent to prop up the ailing lizing the energy market. currently experiencing some of its most profit- nuclear power industry. I have long supported The bill includes a safe-harbor provision for able years, to further their reach through ex- shutting down Indian Point nuclear power MTBE manufacturers even though the chem- ploration in sensitive environments, such as plant because of safety concerns for New ical has been detected polluting groundwater the Arctic National Wildlife Refuge, and the Yorkers. Yet, the Republicans in Congress sources across the Nation, including in Massa- Great Lakes. Allowing such activities is mis- have ignored these safety issues and instead chusetts. guided at best. Additionally, H.R. 6 takes provided tax dollars to subsidize building new The bill’s authors included a variety of spe- MTBE producers off the hook for dirtying local power plants. While I am not opposed to nu- cial-interest favors for oil and gas production drinking water supplies and passes the costs clear power, these tax dollars would be better despite the fact that producers are already of the clean up to State and local government. used to insulate homes and assist renewable reaping profits from record high energy prices. Additionally, this legislation will not stabilize energy production methods in being brought to And yet President Bush himself admitted that the electricity market. One of the primary pur- market. it will do nothing to lower the price that con- poses of developing a comprehensive energy The fact of the matter is that this bill has sumers pay for gas at the pump. policy for the U.S. is to prevent another re- some bad provisions that are simply And the bill would open the door to oil and gional blackout and to prevent future Enron- anticonsumer and anti-environment. H.R. 6 gas exploration in the Arctic National Wildlife like scandals. The legislation that was brought weakens laws such as the Safe Drinking Refuge, a pristine habitat that would yield less to the House floor exposes consumers to po- Water Act and the Leaking Underground Stor- than three-tenths of a percent of world oil pro- tential electricity scams by repealing the Public age Tank program that protect the environ- duction by 2015. Utility Holding Company Act (PUCHA). This ment and the public health. This bill will allow The California energy crisis and today’s high measure was enacted to prevent companies oil drilling in the Alaska National Wildlife Ref- fuel demands are evidence that the Nation like Enron from holding monopolies and help uge, even though the oil won’t be available for needs an energy strategy that is focused on consumers get justice when companies con- a decade and even then at levels that would clean energy technologies and energy inde- spire to cheat. The Federal Energy Regulatory not significantly affect oil prices or imports. pendence. The United States needs to be- Commission is not designed to effectively pro- I am proud that two of my amendments come less reliant on foreign energy sources. tect consumers. were accepted into the Energy Policy Act. The We cannot drill our way to independence. The In order to create a policy that looks to fu- first, which I introduced during the House En- only effective strategy will balance increased ture needs and U.S. security, we cannot rely ergy and Commerce Committee consideration fuel efficiency with renewable energy tech- on increased drilling and oil refineries. We of H.R. 6, expresses the sense of Congress nologies. must look to methods to reduce our need for that energy cooperation between the United Instead of using the technology we already energy and expand the domestic and renew- States of America and Israel is mutually bene- have and could achieve to increase the fuel able resources available to us. Finding new, ficial, acknowledges the cooperative agree- economy of new fleets of vehicles, the bill efficient, clean, renewable sources of energy ment between the U.S. and Israel and states does little more than order a study. is not just better than continuing down the the Department of Energy should report on Unfortunately, this bill will only worsen our path H.R. 6 sends us on, it is necessary for past and future cooperative energy projects Nation’s dependence on fossil fuels imported the security of the U.S. between the U.S. and Israel. from the Middle East. At current production Mr. GREEN of Wisconsin. Mr. Chairman, My second amendment expanded opportu- levels the U.S. supply of oil will only last an- today Congress took a significant step in es- nities for producers of renewable fuels, such other 20 years, while the oil supply in Saudi tablishing a comprehensive national energy as P-Series fuels, to get grant funding. Cur- Arabia is estimated to last another 75 years. plan to help lower gas prices and improve the rently, there is no available technology that Our reliance on Saudi oil is harmful to our en- reliability and accessibility of energy in Wis- can convert much of the urban biomass waste vironment and our values. consin. This legislation contains language I into ethanol. Yet there is at least one such Fossil fuels like oil and coal provide the vast strongly support to reduce the price spikes technology that can convert urban biomass majority of energy for the United States. That caused by ‘‘boutique fuels’’ and helps expand waste into components for another DOE rec- was unlikely to change for the near future no the domestic supply of oil and gas. ognized alternative fuel, called P-series fuels. matter what bill we had a chance to vote on. This energy bill requires five billion gallons Since P-Series fuels are not derived from Unfortunately, this bill does little to put this Na- of renewable fuel to be included in all gasoline petroleum, the DOE concluded that P-Series tion on a path to greater energy independ- sold in the United States by 2015. This in- fuels would effectively help replace petroleum ence. creased use of ethanol will save 1.3 billion imports. DOE also found P-Series to have en- This bill does not represent a national en- barrels of oil by 2016 while helping support vironmental benefits because of the reductions ergy policy—it is 1000 pages of shameless our rural economy. in hydrocarbon and CO emissions, toxics, and special interest giveaways. I urge its defeat. Our Nation’s electricity grid will also see greenhouse gases. Mr. EVANS. Mr. Chairman, I rise today to considerable improvement. The bill provides By virtue of my amendment, producers of state my opposition to H.R. 6, the Energy Pol- for enforceable mechanisms to ensure reli- alternative fuels like P-Series fuels will be able icy Act. We cannot simply seek more fossil ability and stop future blackouts. to responsibly address three problems: the fuel supplies and increase use of conventional Although I am generally pleased by the pas- need for non-petroleum energy sources, solid energy sources as a long-term solution to im- sage of the energy bill, it nevertheless con- waste management, and affordability. This is proving the United States’ energy security. In- tains some disappointing provisions, and I will good energy policy. stead of creating a truly comprehensive plan be working expeditiously in the weeks to come Our energy policy is intricately tied to our for addressing our energy needs, this legisla- to improve the bill even further. In particular, national security and our economic well-being. tion sets us on the wrong path, making us I plan to push for the inclusion of a ban on oil As the co-chair of the Congressional Oil and more reliant on oil than we already are. It will and gas drilling in the Great Lakes. The Great National Security Caucus, I know we need to not help consumers save on energy costs and Lakes represent a critical and treasured part ensure that our energy policy is diversified, re- it will not help the U.S. become energy inde- of our environment, our economy and our duce our dependence on oil, and create pendent. identity. The risks drilling poses to the lakes skilled jobs while reducing energy costs. We This legislation sends us in the wrong direc- are unacceptable. must ensure that we create policies that will tion by relying on the fuels of today to provide I will also continue to lend my support to the protect the environment and our consumers. energy in the future. We cannot sacrifice in- effort to remove special liability protections for Unfortunately, this simply cannot be achieved vestment in new, cleaner, domestic sources in MTBE. We unfortunately came up short today under this Energy Policy Act, and so I must order to pay $8.1 billion to oil producers in tax to strip this MTBE language, but I’ll keep up vote against it. cuts and subsidies. I am pleased to see that the fight until this provision is removed. The

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2440 CONGRESSIONAL RECORD — HOUSE April 21, 2005 manufacturers of MTBE should not be shield- distributed power hybrid systems that can both Coloradans on average are already paying ed from their responsibility to clean up con- help improve power reliability and affordability $2.25 for a gallon of regular gas. This bill will taminated groundwater. and bring more efficiency and cleaner energy do nothing to bring those prices down. Mr. MACK. Mr. Chairman, I rise today in resources into the mix. Of the bill’s total $8.1 billion in tax incen- support of the Energy Policy Act of 2005. This Unfortunately, though, this bill—like the tives, $7.5 billion (or 93 percent) is for tradi- important legislation is critical to protecting ones we’ve debated twice before—remains all tional energy sources such as oil, natural gas, and preserving our Nation’s freedom, security, too reminiscent of that old Western movie— and nuclear power. The oil and gas industries and prosperity. ‘‘the Good, the Bad, and the Ugly.’’ In fact, are getting these massive subsidies from the Over the past decade, the United States’ over the years it has only gotten worse and taxpayer at the same time that their profits energy consumption has increased by more uglier. have never been higher. than twelve percent; however, our domestic One of the ugliest parts is the provision that I don’t always agree with President Bush. production has increased by less than one-half would open to drilling the coastal plain of the But I think he is absolutely right about one of one percent. That means that our Nation is Arctic National Wildlife Refuge. thing—at $55 a barrel, we don’t need incen- more and more reliant on foreign sources of On that question, Congress is being asked tives to oil and gas companies to explore. energy. When our Nation depends on just a to gamble on finding oil there. So, we first Instead, we need a strategy to wean our na- few countries for the majority of our energy, must decide what stakes we are willing to risk, tion from its dependence on foreign oil. this adversely impacts American security. This and then weigh the odds. The stakes are the Colorado is uniquely positioned to take ad- is unacceptable. coastal plain. The U.S. Fish and Wildlife Serv- vantage of alternative energy opportunities, Mr. Chairman, the Energy Policy Act of ice says it ‘‘is critically important to the eco- such as wind and sun. Voters approved 2005 sets forth a comprehensive national en- logical integrity of the whole Arctic Refuge’’ Amendment 37 last year, which is making a ergy policy. It reduces foreign energy depend- which is ‘‘America’s finest example of an in- difference in our energy supply. Colorado is ence by requiring conservation and domestic tact, naturally functioning community of arctic/ leading the nation in this area. exploration. By using less energy and opening subarctic ecosystems.’’ Not only are we producing cleaner, cheaper up new areas for environmentally-responsible Estimates are that there is six months’ sup- energy, we are also providing economic devel- exploration, we will become less dependent on ply of economically recoverable oil in the ref- opment in rural Colorado in places like Ster- foreign sources of energy. uge’s coastal plain. While the economically re- ling and Holyoke. In fact, I am going to be Finally, the Energy Policy Act of 2005 will coverable amount could increase along with doing a Harvesting Energy Tour in North- provide an environment of certainty and sta- higher oil prices, we know for certain that drill- eastern Colorado this weekend with former bility that will foster prosperity in America. Ris- ing will change everything on the coastal plain Colorado House Speaker Lola Spradley, rep- ing energy prices is like a tax that Americans forever. It will never be wilderness again. We resentatives from the Colorado Farm Bureau must pay everyday in the form of higher gas do not need to take that bet. There are less- and the Rocky Mountain Farmers Union and prices, higher costs to heat and cool our sensitive places to drill—and even better alter- renewable energy companies to talk about homes, and higher prices to move products natives, including conserving energy and more how renewable energy can be an economic across the country. Having a comprehensive use of renewable resources. development boon for rural Colorado. energy policy will allow businesses to flourish But the idea of opening the refuge is only But we need federal incentives to help move as we will have reliable and dependable one example of misplaced priorities or flawed renewable energy and energy efficiency tech- sources of energy. policies concerning this legislation. nologies to the mainstream, and yet only 7 Mr. Chairman, as a supporter of the Energy This bill would provide oil and gas compa- percent of the incentives in this bill would pro- Policy Act of 2005, I encourage my colleagues nies massive forgiveness of royalty payments. mote their development. to vote for this responsible measure. It would shift the cost of MTBE cleanup from That’s why—along with my colleague Rep- Mr. UDALL of Colorado. Mr. Chairman, I re- MTBE manufacturers to taxpayers—an un- resentative ZACH WAMP, who co-chairs the gret that I cannot support this legislation. funded mandate on our communities. That Renewable Energy and Energy Efficiency There is nothing I’d rather vote for than a should not have been included in the bill. Caucus with me—I offered amendments to the balanced energy bill that sets us on a forward- Further, the bill significantly weakens the bill to make it more balanced. Our amend- looking course—one that acknowledges that Clean Air Act by exempting states from having ments would have extended the renewable this country is overly dependent on a single to clean up their dirty air if some of their pollu- energy production tax credit until 2008, would energy source—fossil fuels—to the detriment tion comes from ‘‘upwind’’ states. It would ex- have extended the tax credit that individuals of our environment, our national security, and empt industry from requirements of the Safe receive for purchasing hybrid vehicles, and our economy. Drinking Water Act when they inject diesel fuel would have increased and extended the busi- But at a time of sky-rocketing oil prices, this and other harmful chemicals into the ground ness and residential solar tax credits. Unfortu- bill doesn’t do what it needs to do—help us during drilling. nately, the Republican leadership didn’t allow balance our energy portfolio and increase the It would repeal the heart of the National En- them to be debated and voted on. contributions of alternative energy sources to vironmental Policy Act for energy projects by I also tried to improve the Resources Com- our energy mix. eliminating the requirement that agencies ex- mittee’s energy bill provisions with an amend- The bill is not all bad, of course. I support amine alternatives that could lead to lesser ment dealing with oil shale language in the most of the provisions developed by the harm or greater benefits. It would repeal the bill. The bill requires the Interior Department to Science Committee, and I commend Chairman Public Utility Holding Company Act, a law that set up a new leasing program for commercial BOEHLERT and Ranking Member GORDON for protects consumers and investors from cor- development of oil shale, with final regulations their bipartisan approach. porate abuses. to be in place by the end of next year. In other In particular, I’m pleased that the Science And then there are all the things the bill words, it calls for a crash program to meet a Committee bill included generous authorization would not do. It would not increase vehicle short, arbitrary deadline. levels for renewable energy and energy effi- fuel economy standards, which have been fro- My amendment would not have barred oil ciency R&D. As Co-chair of the Renewable zen since 1996. Raising CAFE standards is shale development. Instead, it would have Energy and Energy Efficiency Caucus, this the single biggest step we can take to reduce said that before we leap again, we should take funding is very important to me. oil consumption, since about half of the oil a look and have a clear idea of where we are I am also pleased that this bill includes the used in the U.S. goes into the gas tanks of apt to land. Clean Green School Bus Act, a bill that Chair- our passenger vehicles. The bill does not give Colorado has the most significant amounts man BOEHLERT and I drafted that authorizes federal regulators the tools they need to pre- of oil shale—and also the most experience grants to help school districts replace aging vent and punish the Enrons of the world who with oil shale fever. In Colorado, we have had diesel vehicles with clean, alternative fuel manipulate power markets. The bill does not several bouts of oil shale fever. The last one buses. suspend deliveries to the Strategic Petroleum started during the 1970s energy crisis and H.R. 6 also includes provisions from my bill, Reserve and instead put the oil on the market- ended abruptly on ‘‘Black Sunday’’ in 1982. the Distributed Power Hybrid Energy Act, place, which could bring gasoline prices down. That was when Exxon announced it was pull- which would direct the Secretary of Energy to Most importantly, according to analyses ing out of the Colony shale project, an event develop and implement a strategy for re- conducted by the Department of Energy’s En- that left an impact crater from the Western search, development, and demonstration of ergy Information Administration, our need for Slope to downtown Denver. That was followed distributed power hybrid energy systems. It imported oil will increase by 75 percent in by an exodus of other companies that had makes sense to focus our R&D priorities on twenty years under provisions in this bill. been working on oil shale—which led to an

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2441 exodus of jobs and of Coloradans who had miere alternative energy research labs I un- quire alternative fueled vehicles. I have been nowhere else to turn. derstand the complex and challenging nature working in Central Florida over the past sev- Under my amendment, Interior would be of moving toward sustainable energy sources. eral years to promote research into hydrogen- told to prepare regulations for a new oil shale Having served in this body for more than six powered vehicles. I applaud the White House leasing program—and to get them finished years, I understand the difficulties in balancing for taking such a proactive stance on new ‘‘promptly’’ after finishing the analysis required competing interests to obtain a policy that technologies. This bill promotes a cleaner en- by NEPA and the regular process for devel- benefits the nation. Unfortunately, rather than vironment by encouraging new innovations oping new federal regulations. providing a productive and clear vision that and the use of alternative power sources by Unfortunately, the Republican leadership of leads this nation towards energy independ- launching a state-of-the-art program to enable the Resources Committee opposed my ence, this bill subsidizes oil and gas compa- hydrogen fuel cell cars to compete in the mar- amendment, and so it was not adopted. The nies and eases environmental regulations and ketplace by 2020. result is that this part of the bill is much uglier fails to put the U.S. on the right path. Under this bill, American consumers will than it should be. This legislation sets a dangerous precedent have better product labeling for a number of In conclusion, Mr. Chairman, we need a by allowing the destruction of one of our na- commercial and household products so that plan in place to increase our energy security. tional treasures to extract a minimal amount of they will be able to make more informed deci- Thirteen percent of the twenty million barrels resources. The very essence of the Arctic Ref- sions when purchasing energy saving prod- of oil we consume each day comes from the uge is that it is a pristine and untouched eco- ucts. H.R. 6 further decreases America’s dan- Persian Gulf. In fact, fully 30 percent of the system. This unique environment serves as a gerous dependence on foreign oil by expand- world’s oil supply comes from this same vola- critical breeding or migratory habitat for over ing domestic production and authorizing ex- tile and politically unstable region of the world. 200 species of animals including polar and pansion of the Strategic Petroleum Reserve’s Yet with only 3 percent of the world’s known grizzly bears. Arctic wolves, and endangered capacity to 1 billion barrels of oil. oil reserves, we are not in a position to solve species like the shaggy musk ox. This legisla- America’s energy consumption is at an all- our energy vulnerability by drilling at home. tion completely ignores the precious nature of time high and rising, despite ongoing effi- This bill does nothing to tackle this funda- this land and instead provides yet one more ciency gains, with consumption projected to mental problem. For every step it takes to opportunity for oil and gas companies to ex- grow as our economy expands. If our nation is move us away from our oil/carbon-based pand their operations. If this legislation is ap- to meet these needs in the coming decades, economy, it takes two in the opposite direc- proved all Americans will lose something spe- it will be in part due to continued advances in tion. I only wish my colleagues in the House energy efficiency and conservation—helping to could understand that a vision of a clean en- cial and irreplaceable. There are some good points in this bill. It reduce our demand on foreign supply and ergy future is not radical science fiction but is does authorize increases in research on effi- stimulating economic growth. One goal is to instead based on science and technology that ciency and renewable energy in future years. save consumers and businesses’ money spent exists today. Given the magnitude of the crisis And I would like to thank my colleagues for on energy, so they can invest, spend and ahead, we can surely put more public invest- accepting my amendment for a study of fuel grow the economy and improve our standard ment behind new energy sources that will free of living. Expanding our energy production ca- us from our dependence on oil. savings from information technology for trans- portation. pacity is a key to long-term economic growth Two days ago, at the opening of the Abra- and energy independence. ham Lincoln Museum in Springfield, President But the good points of the bill are far out- weighed by the bad. Instead of investing in H.R. 6 encourages the great American tradi- Bush attempted to draw parallels between his tion of technological innovation and creative cleaner, long term solutions, this bill brushes goal of expanding freedom in the world and problem solving. It is America working at its aside our nation’s future energy needs in Lincoln’s effort to expand freedom in the U.S. best and this legislation is long overdue. I order to provide nearly 8 billion of taxpayer I have some questions about that comparison, stand in strong support of this legislation and dollars to the oil, gas and other traditional en- but I do think it is good to consider Lincoln’s look forward to seeing it enacted into law. example when we debate public policy. ergy industries to promote short-term, polluting Mr. ETHERIDGE. Mr. Chairman, I rise today In fact, I wish President Bush and the Re- energy sources. These tax incentives should in opposition to H.R. 6, the Energy Policy Act publicans would draw a few more parallels to not be going to industries that are thriving, but of 2005. Lincoln in their approach to energy policy—be- should be used to invest in our future by in- For the third time in 5 years, the House Re- cause, as that greatest of Republican Presi- creasing research funding for alternative en- publican leadership has passed up an historic dents said, ‘‘The dogmas of the quiet past are ergy sources such as wind energy, fuel cells opportunity to craft an energy policy for the inadequate for the stormy present. Our and fusion. 21st Century. With oil prices hitting record lev- present is piled high with difficulties. We must Everyone knows that we have a serious en- els and repeated predictions that the cost of a think anew and act anew—then we will save ergy problem in this country. Our dependence barrel of oil could hit over $100 in the coming our country.’’ on foreign oil affects not only our economy but years, we should be focusing our efforts on al- And while we are not engaged in a civil war, also our national security. We will never drill leviating our nation’s dependence on fossil our excessive dependence on fossil energy is our way to independence domestically. Yet we fuels. a pressing matter of national security. We have an energy bill that is stuck in the past Instead, H.R. 6 is stuck in the past. Modeled have an energy crisis. We need to think anew that yet again seeks to drill a little deeper, in after the energy plan developed by Vice Presi- to devise a better energy policy in order to a few more places. dent CHENEY’s secret energy committee 4 save our country from this energy crisis. We need a responsible and sustainable ap- years ago, H.R. 6 reflects the philosophy that Unfortunately, too much of this bill reflects proach to addressing our nation’s energy the only solution to the high price of oil is not just a failure but an absolute refusal to needs. On behalf of the residents of the 12th more oil. However, analyses by the U.S. De- think anew. Provision after provision reflects a District, I pledge to continue to work toward partment of Energy’s Energy Information Ad- stubborn insistence on old ideas—more tax the development of a balanced, comprehen- ministration indicate that even if the provisions subsidies, more royalty giveaways, more re- sive energy plan—one that finds environ- of H.R. 6 becomes law, America’s imports of strictions on public participation, more limits on mentally friendly, sustainable ways to de- foreign oil will still increase by as much as 85 environmental reviews—and a hostility to the crease our dependence on foreign oil and percent during the next 20 years, thereby in- search for new approaches. slow the degradation of our planet. creasing our dependency. Maybe we could have afforded such a mis- Mr. WELDON of Florida. Mr. Chairman, I H.R. 6 should have been an honest, bipar- take in the past. But now the stakes are too rise today to speak in support of H.R. 6, the tisan effort to halt America’s growing depend- high—because, as I said, energy policy isn’t Energy Policy Act of 2005. It’s a tremendous ence on fossil fuels for energy. It could have just an economic issue, it’s a national security step in the right direction for this nation to been focused on developing new tech- issue. America’s dependence on imported oil achieve energy independence. Through a nologies, improving energy efficiency, pro- poses a risk to our homeland security and combined strategy of strong R&D, efficiency moting renewable energy, and conducting the economic wellbeing. And so, Mr. Chairman, I and incentives we can help ensure future gen- research and development that could produce must vote against it. erations of Americans a vibrant and growing the breakthroughs that would power the world Mr. HOLT. Mr. Chairman, I rise in opposition economy while not having to worry about the of tomorrow. to the energy legislation that we are debating whims of foreign influence on our energy. I have no objection to supporting some new on the House floor today. The bill also authorizes $200 million for the or additional oil and gas exploration or produc- As an energy scientist who spent nearly a ‘‘Clean Cities’’ program, which will provide tion because, until we develop the energy al- decade working at one of the nation’s pre- grants to state and local governments to ac- ternatives of the future, we must continue to

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2442 CONGRESSIONAL RECORD — HOUSE April 21, 2005 meet our oil and gas needs. Unfortunately, the and cooling their homes or purchasing the lands. Simply put, Title 20 will put billions of majority of the bill’s eight billion dollars in en- food and medicines they need. dollars of taxpayer money into the already ergy tax incentives are for oil and gas produc- The American people understand that we deep pockets of big oil. The amendment of- tion. That’s billions in tax breaks, paid for by face both a short and a long-term energy cri- fered by my friend from Arizona, Mr. GRIJALVA, our children and grandchildren, going to en- sis and that we must develop a comprehen- would strike section 2005 and restore the col- ergy companies that have been earning record sive and balanced plan for our Nation—a plan lection of royalty payments to the Treasury for profits. Even President Bush admitted recently that finds 21st century solutions to deal with offshore oil and gas production on the Outer ‘‘. . . with $55 oil, we don’t need incentives our 21st century energy needs. A bill that di- Continental Shelf—a measure I helped lead for oil and gas companies to explore.’’ His fis- rects needed resources to renewable energy last year and one that I strongly urge my col- cal year 2006 budget called for $6.7 billion in sources and efficiency programs. It is unfortu- leagues’ support. tax breaks for energy with 72 percent going nate that the best the majority believes we can And buried deep in this bill, under the title toward renewable sources of energy and en- do is pass a bill better suited to the start of the named ‘‘miscellaneous’’ there is another provi- ergy efficiency. In contrast, H.R. 6 only pro- industrialization era. sion that could have major consequences for vides six percent of the tax benefits for renew- The bill, inexplicably, provides little to pro- communities struggling to clean up their dirty able energy and energy efficiency. mote renewable energy sources or reduce en- air. This provision allows cities and towns In addition, H.R. 6 irresponsibly sacrifices ergy use. Instead, it funnels ever more tax whose air pollution comes from hundreds of environmental protection for petroleum produc- benefits to energy companies already making miles away to delay meeting national air qual- tion. Exposing our great natural treasures, es- huge profits from high energy prices. In fact, ity standards until their offending neighbors pecially the North Carolina coastline, to exploi- an April 19, 2005 wall street journal article re- clean up their own air. In considering the most tation and possible degradation is not respon- lates the news that Exxon Mobile recently re- significant change in the Clean Air Act in 15 sible. For example the bill shuts states out ported a fourth-quarter profit that amounted to years, I must note the irony that we are just from the appeals process for offshore mineral the fattest quarterly take for publicly traded days away from celebrating the 35th anniver- development, thereby limiting coastal states’ U.S. company ever: $8.4 billion. Of the $8 bil- sary of Earth Day. Earth Day, begun by Wis- ability to protect their coastlines from un- lion in tax incentives, less than $500 million consin’s own Senator Gaylord Nelson, pro- wanted energy development. would go to promote renewable energy vided the impetus to President Nixon signing I am also dismayed that H.R. 6 continues to sources or foster efficiency and conservation the Clean Air Act. provide liability protection for methyl tertiary programs. After sticking it to the consumers at In addition, the majority party has stuck in butyl ether (MTBE) manufacturers for past the pump, do big oil companies like Exxon the bill a provision that would limit the ability contamination of water supplies. So Repub- really need taxpayer-provided ‘‘incentives’’? of coastal states to challenge offshore oil and licans believe when somebody gets sick from President Bush doesn’t think so. In a recent natural gas production. Apparently, the major- MTBE, these companies should not be held interview, President Bush said, ‘‘I will tell you; ity party in Congress no longer has much re- accountable. That’s just plain wrong. If it be- with $55 oil we don’t need incentives to oil gard for the 10th amendment. So that is the back-side of our monkey. I comes law, the provision will force local gov- and gas companies. There are plenty of incen- urge my colleagues to join me in opposing this ernments to foot the bill for removing MTBE tives.’’ I agree. energy bill that does little to lessen our de- from water supplies. It was this single issue The few bright-spots of the bill: like tripling pendence on fossil fuels—or the fossil fuels’ that scuttled the energy bill last year. Despite the amount of gasoline sold that contains enthanol by 2012; promoting safe and clean industry dependence on taxpayer dollars. this, the Republican leadership’s arrogance Ms. WATERS. Mr. Chairman, I rise in oppo- nuclear energy; developing the liquified natural demands that this provision remain in the bill. sition to H.R. 6, the Energy Policy act. Gas prices in America continue to reach gas infrastructure needed in our country; en- H.R. 6 is a continuation of the disastrous record heights. Natural gas prices have in- suring electric reliability and easing trans- energy policy that the Republican Leadership creased raising the cost not only of the gas mission—all have been overshadowed by the has been trying to force through Congress for itself but of derivative products like fertilizer. bloated excess and taxpayer-funded subsidies the past four years. They claim that their bill Gas prices and energy costs affect every for some of our nation’s largest oil and gas will reduce the cost of a gallon of gasoline— American. This problem is particularly acute in companies. which now averages $2.24 per gallon—and farm country. Unfortunately, the Republican Mr. Chairman, there are unfortunately many that it will reduce our reliance on foreign oil. congressional leadership wasted an oppor- more very bad provisions for American tax- Unfortunately, both of these claims are tunity to develop a prudent energy policy that payers in H.R. 6, and title 20 in particular— false. In fact, enactment of H.R. 6 is likely to directly addresses these issues and instead much of which is premised on a ‘drill at tax- result in higher prices at the pump for Ameri- developed a bill that serves as a tremendous payers’ expense approach to the management cans. Even the Department of Energy esti- handout to oil companies. As a result, I op- of energy resources on public lands. mates the price of a gallon of gasoline will in- pose H.R. 6. Perhaps the best example is the issue of crease by three cents if this bill is signed into Mr. KIND. Mr. Chairman, I rise in opposition drilling in the arctic national wildlife refuge. As law. to the Energy Policy Act. The bill before us my colleagues know, the arctic national wildlife Mr. Chairman, HR 6 is a massive give-away today, full of the same objectionable policies, refuge was set aside over 40 years ago by to oil and gas companies. It provides $7.5 bil- such as providing liability protections for Republican President Dwight D. Eisenhower lion in tax breaks and billions more in royalty MTBE makers and taxpayer-funded largesse for the clear and express purpose of pro- relief to companies like Exxon, Mobil, Chev- for the big fossil fuels industries, reminds me tecting its remarkable wilderness and wildlife ron, Texaco and ConocoPhillips, which are al- of the proverb provided by Saint Bonaventure values. I, like a majority of Americans, oppose ready earning record profits, supposedly to en- who said, ‘‘the higher the monkey climbs, the developing one of our nation’s last remaining courage these companies to drill more on our more you see of it’s behind.’’ Mr. Speaker, this pristine areas for a short term energy fix. public lands and produce more gasoline and ugly bill has repeatedly scaled the tree and And there are other provisions that, standing oil. As the President noted the other day, with the view hasn’t improved any. alone, make this a bad bill: such as the ‘‘royal- the price of oil at $55 per barrel, these compa- I believe the American people expect more ties in kind’’ provision; granting broad authority nies do not need any more encouragement to from their elected representatives than to sim- to the Secretary of the Department of the Inte- produce gasoline and oil. ply rehash an energy bill whose flaws have rior for permitting alternative energy-related The bill also permits drilling in the Artic ref- been exposed and it’s economic and environ- uses on the Outer Continental Shelf; and reim- uge thereby putting at risk one of the last pris- mental price tags too high to pay. Yet, once bursing oil and gas companies for doing the tine areas in the world, simply to gain less again, the majority refused to work in a bipar- environmental impact studies that are required than six months’ worth of oil. Opening ANWR tisan fashion to craft a balanced and sensible under law. I know there are a number of my does not make economic or environmental energy bill that meets America’s needs. colleagues who are anxious to speak on some sense and we should not allow it to happen. Every day, millions of American families of these provisions, so I welcome their com- Instead, we should be increasing the cor- struggle to keep up with soaring energy costs. ments and lend my support to their wise con- porate average fuel economy (CAFE) stand- Motorists see soaring prices at the pump. cerns. ards for cars and trucks sold in the United Farmers working to provide a secure future for One of the most egregious provisions of this States to a more reasonable level. Taking this their children watch as their operating margins bill is what is being called ‘‘royalty relief’’ for step would save millions more gallons of gas- are squeezed even further. And all too many some of our Nation’s largest oil companies. oline than would be recovered from ANWR, low-income and elderly Americans are being This provision waives federal royalty collec- and raising these standards would help im- forced to decide between adequately heating tions on huge amounts of publicly owned prove the quality of air that we breathe.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2443 This bill also weakens our nation’s environ- of this provision are sky-high, and benefits are oil needs. This inevitably leaves us dependent mental laws including the Clean Air Act. little to none—six month’s supply of oil. Open- on unfriendly nations and harms our national Mr. Chairman, Los Angeles is consistently ing ANWR would have no effect on our de- security. We consume a quarter of the world’s ranked among the worst cities in America pendence on foreign oil. It is simply not worth oil, yet we only control two percent of its sup- when it comes to air pollution and smog. Yet, it. ply. It is high time we invest in renewable en- if Congress allows this bill to pass, the Clean How can the Majority call this bill ‘‘com- ergy technologies and develop practical solu- Air Act will be severely weakened and thou- prehensive’’ when it does nothing to address tions to encourage renewable energy produc- sands of my constituents will see their health fuel efficiency in our vehicles? China will tion. It is my hope that the Senate will move suffer because of the increased pollution and produce cars and trucks that are more energy- forward with a more progressive renewable smog. We should be supporting a bill that efficient than the U.S. fleet as soon as 2008. energy policy in its version of the Energy bill. strengthens the Clean Air Act, not weakening That is why I strongly supported the amend- My last amendment, which I cosponsored it. ment offered by Rep. MARKEY of Massachu- along with Rep. DINGELL of Michigan and Rep. Mr. Chairman, I am also very disappointed setts to raise the average of 25 miles per gal- BOEHLERT of New York, was designed to fix in the fact that this bill does nothing to ad- lon to 33 miles per gallon over the next ten unnecessary inequities in the hydropower dam dress the massive defrauding of Californian years. Raising fuel economy standards would relicensing process proposed in H.R. 6, while consumers at the hands of Enron and other reap SUV, pickup truck, and minivan owners a still ensuring that the relicensing process pro- energy companies during the energy crisis of net savings of up to two thousand dollars in ceeds quickly. This amendment applies all 2000 and 2001. some cases. It would also alleviate the need new rights given to a license applicant to any During that time, energy companies inten- for the U.S. to send over $25 million abroad other party. All stakeholders—States, Tribes, tionally took generators off line, made false each hour to pay for foreign oil. This amend- private landowners, local businesses, fisher- submissions about the prices they bought and ment would have truly benefited our national men, irrigators, conservationists, water sports sold gas for, and fabricated transactions, all security, our economy, and consumers. enthusiasts, and other concerned citizens— with the intention to make as much money as I think my constituents will also be inter- would be given the chance to participate in possible. ested in the provision in this bill shielding law- decisions that affect the health of American Unfortunately, for thousands of Californians, suits against oil companies who used methyl rivers. I believe it is only fair to include these the energy companies succeeded in their ef- tertiary-butyl ether, MTBE, which has contami- stakeholders in the appeals process, and I forts. In the summer of 2000, energy compa- nated 1,861 water systems serving 45 million was disappointed that this amendment was nies overcharged California $2.5 billion. In Americans in 29 states, including New Mexico. not allowed a vote on the floor. 2001, California paid approximately $26 billion Documents from recent court cases reveal Why does the Majority insist on passing a for electricity because of the unscrupulous that the industry knew MTBE could cause se- bill full of tax incentives and subsidies for the trading practices of the energy companies, vere harm to groundwater supplies as early as oil and gas industry at a time of record profits raising the rates of every California ratepayer. the mid 1980s. Internal Exxon memos from for those companies? Even President Bush Mr. Chairman, the Federal Energy Regu- 1985 show the company knew MTBE pollutes said last week, ‘‘I will tell you with $55 oil we latory Commission has already ruled that the groundwater more easily and is more difficult don’t need incentives to oil and gas compa- prices the energy companies charged Cali- to treat than other gas additives. I find it in- nies to explore.’’ The massive royalty tax fornia were not ‘just and reasonable’ as re- credibly disturbing that some members of this breaks for energy companies are ill conceived. quired by law. Yet the companies have not body place the pockets of oil companies This bill is anti-taxpayer, anti-environmental, had to pay any penalty for their criminal ac- ahead of the constituents in their districts and anti-consumer. tions. This bill does nothing to change that, whose lives have been adversely affected by We need a comprehensive energy policy but it should. this negligence. that encourages safe domestic energy produc- Mr. Chairman, the American people need us Another grave concern that I have is section tion, that will not drastically harm the environ- to enact legislation that will actually reduce the 631, which is a $30 million dollar giveaway to ment and cause potential harm to thousands, cost of gasoline and reduce our dependence a dangerous uranium mining technology that and that does not contain billions of dollars in on foreign oil. They want us to support a bill could seriously harm the water and health of giveaways to big oil and gas companies. We need a real energy strategy that will help con- that makes real investments in renewable en- 12,000 Navajo Indians. The proposed in-situ sumers, decrease our dangerous dependence ergy and energy conservation. I urge my col- leach mining would leach uranium from an aq- on foreign oil, and keep us competitive inter- leagues to reject this special-interest legisla- uifer that is the sole source of drinking water nationally. I ask my colleagues to join me in tion that puts big business before American for thousands of people in northwestern New voting against this flawed bill, and I hope we consumers. Mexico, thereby threatening their health and can work toward a more comprehensive en- Mr. UDALL of New Mexico. Mr. Chairman, I the integrity of their communities. The pro- ergy bill in the future. rise today to oppose this flawed, shortsighted posed mining would leave high levels of ura- Mr. VAN HOLLEN. Mr. Chairman, as Yogi energy bill, which does not give us a national nium in the drinking water supply, which is a Berra used to say ‘‘it’s de´ja` vu all over again.’’ energy policy, and provides more than $22 bil- slap in the face of Navajo communities that I never would have imagined: During a time of lion in taxpayer dollars to the private industry. are still struggling to get compensation for the war in the Middle East, heading into the sum- I’m not sure what era the authors of this bill diseases they are suffering from uranium min- mer smog season in cities like Washington, think we’re living in, but this bill does not re- ing conducted near them during the Cold War. DC, with prices at the pump hitting $2.50 a flect our present or future energy needs in the This is also unsound fiscal policy for an gallon, we are here today telling our constitu- 21st Century. unproven type of mining. I offered an amend- ents that the wisest course of action—the best High gas prices are on the minds of many ment to strike this section of the bill. Unfortu- America can do with its energy policy—is Americans right now, and this bill does nothing nately, it was defeated by a vote of 225–204. ‘‘more of the same’’. to change that. The Energy Information Ad- I have been told that these subsidies will not Nonsense. We have choices. We always ministration has said that this will actually in- be included in the Senate bill. I hope that re- have choices. What we apparently don’t crease gas prices by three cents and will have mains true, and I look forward to working with have—yet—is the leadership to make them. almost no effect on production, consumption, my colleagues to ensure that this provision is Take national security. Rather than heeding or prices. I suspect my constituents in New stripped from the bill in conference. the clarion call of former CIA Director Wool- Mexico who are paying $2.32 a gallon will be I brought two other amendments to the sey, former National Security Advisor McFar- concerned about that. But this is only one of Rules Committee that were unfortunately not lane and others to reduce our use of foreign the several reasons why I oppose this legisla- allowed a vote in the full House. One would oil by launching ‘‘a major new initiative to cur- tion. create a federal Renewable Portfolio Stand- tail U.S. consumption through improved effi- One of my great concerns is the provision ard, so that by the year 2022 electric utilities, ciency and the rapid development of . . . pe- that allows drilling in the Arctic National Wild- excluding rural electric cooperatives, would troleum fuel alternatives,’’ this legislation actu- life Refuge, ANWR. I have been to Alaska and generate 15 percent of their energy from re- ally increases our reliance on foreign oil, ac- I’ve seen the tremendously diverse wildlife that newable energy sources, and 20 percent by cording to the independent Energy Information will be hurt if drilling occurs in the area. In ad- the year 2027. This bipartisan amendment Agency (EIA). dition, there are native tribes who depend on was cosponsored by Rep. MARK UDALL of Col- What about economic growth? We’ve lost this wildlife, and they have asked Congress orado, Rep. LEACH of Iowa, and Rep. PLATTS over 2.8 million manufacturing jobs since and the state of Alaska to stand up for them of Pennsylvania. Right now, the U.S. relies on 2001—and no matter how hard today’s pro- and oppose drilling. The environmental costs foreign oil to meet roughly 60 percent of our ponents try to spin it—this bill isn’t going to

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2444 CONGRESSIONAL RECORD — HOUSE April 21, 2005 bring them back. To the contrary, by doling states to develop and demonstrate a new gen- pipeline construction projects or construction out additional tax breaks to already highly eration of environmentally clean technology of LNG facilities, placing that responsibility profitable oil companies, this legislation rep- using coal. solely within the FERC, with states relegated resents a monumental missed opportunity to One benefit of the clean coal programs to a consultative role. This would eviscerate target critical federal investments towards the takes advantage of a decades’ old technology my state government’s ability to regulate pro- rapidly expanding green industries of the 21st of converting coal and waste coal into clean posed projects in the Long Island Sound, de- century. We should be the world leader in re- diesel fuel. In Pennsylvania alone, there is an spite the state’s undisputed leadership in the newable energy and hybrid technologies—not excess of 200–300 million tons of waste coal clean-up of the Sound. To say we do not trust playing catch up to the Danes, Germans and that has accumulated over the years. A com- Connecticut to act in the best interests of one Japanese. In that regard, I regret that an pany in Gilberton, Pennsylvania, in my district, of its most prized natural resources is bad amendment I offered with Reps. INSLEE (D– is ready to do convert this waste coal to diesel public policy and I hope that an amendment WA) and HOLT (D–NJ) to achieve this goal fuel and electricity on a large scale. The plant offered by Mr. CASTLE to strike this section will was blocked by the Rules Committee and will has received support from DOE’s Clean Coal be adopted. not be permitted a floor vote today. Power Initiative. Rather, we should be reducing our depend- Finally, no serious discussion about formu- Coal research and development provides ence on foreign oil by improving our energy lating a comprehensive national energy policy huge benefits for the nation, and pay for itself efficiency and maximizing our domestic energy can take place without reference to the envi- many times over through taxes flowing back to production in an environmentally-sound way— ronmental impacts of our nation’s energy con- the Treasury from expanded economic activity. by investing in cleaner, more secure energy sumption. However, rather than having that The clean coal programs are important for sources such as solar, wind, biomass and fuel discussion, this bill instead goes the other di- several reasons. They: Clean up the environ- cell technology. My State of Connecticut is a rection by deliberately chipping away at the ment by burning waste coal; reduce emissions leader in fuel cell technology, with several Clean Water, Clean Air and National Environ- of nitrogen oxides and air toxics; develop businesses doing research that is on the cusp mental Policy Acts. It once again proposes to cleaner, more efficient power systems; spon- of revolutionizing the way our nation powers despoil the ANWR while ignoring the potential sor promising technologies that are too risky its homes, cars and businesses. This bill for far greater fuel gains through a long over- for private industry to undertake alone; provide should be investing in American small busi- due increase in CAFE´ standards. And it bra- a model for future government-industry tech- nesses like Proton Energy in Wallingford, zenly extends a special interest liability waiver nology partnerships; and provide tremendous Nxegen in Middletown and Danbury’s Fuel to MTBE manufacturers whose product is pol- job opportunities in this country, not in the Cell Energy—companies that already do over luting groundwater in many of our districts— Middle East. $300 million worth of fuel cell business and leaving taxpayers to pick up the tab. In my In 2002, President Bush said, ‘‘We will pro- move us closer to true energy independence. home state of Maryland, important statewide mote clean coal technology.’’ The President That is the future of energy in this country, energy efficiency standards and local LNG recently outlined four important objectives that and that is what this bill should be encour- siting perogatives are preempted. And need to be included in this energy bill. These aging. By pressing for 20th Century solutions throughout the entire 1019 pages of this legis- objectives are all met by clean coal programs: to deal with 21st Century energy challenges, lation, you will not find a single reference to Encourage the use of technology to improve this majority continues us down the road of climate change—despite a bipartisan effort I conservation; encourage more production at ever-rising gas prices, harming our economy joined to attach language which would have home in environmentally sensitive ways; diver- and leaving middle-class families to bear the taken the modest step of establishing a na- sify our energy supply by developing alter- brunt of the cost. And that is no plan, Mr. tional greenhouse gas registry. That amend- native sources of energy and create more en- Chairman—it is an abdication of our respon- ment, which twice received unanimous support ergy choices; and help us find better, more re- sibilities. Oppose this bill. in the Senate, was similarly quashed by the liable ways to deliver energy to consumers. Mr. CANTOR. Mr. Chairman, the com- Rules Committee. We need to take advantage of our own nat- prehensive energy package that we pass Mr. Chairman, America needs an energy ural resources. I encourage my colleagues to today is a major step forward in our ability to policy that strengthens our national security, continue to support clean coal programs. provide certainty in the United States’ energy promotes long term economic growth and pro- Ms. DELAURO. Mr. Chairman, I rise in op- sector. This legislation is the result of hun- tects the environment. This is not that policy. position to this legislation—an $88 billion give- dreds of hours of work developing a plan that I ask my colleagues to oppose this bill. away to the oil and gas industry that does will reduce our dependence on foreign oil, im- Mr. HOLDEN. Mr. Chairman, coal is by far nothing to alleviate the record high costs of oil prove our economy, and create jobs. the largest domestic source of energy we and gas. This legislation improves our nation’s elec- produce. Here in the United States, we have At a time when science and common sense tricity transmission and reliability. It provides between 250 and 300 years of a coal supply. tells us we should be doing more research for safer, stable and more reliable energy That is more than the amount of recoverable into alternative energy and less drilling in our sources within our own country, making us oil contained in the entire world. precious public lands, this bill provides $8 bil- less reliant on oil from the Middle East. I am proud to represent the anthracite coal lion in tax breaks for companies to do more Clean coal technology and incentives for re- fields of Pennsylvania, which have the largest drilling and less research into alternative en- newable energies are a key part to the future anthracite coal deposit in North America, argu- ergy. In an $88 billion bill, less than $500 mil- of energy production and consumption in this ably the largest deposit in the world. It is a lion is dedicated to any kind of renewable en- country. Domestic oil and gas exploration will high-Btu, low-sulfur fuel, and is considered the ergy research. make us less susceptible to the rising prices cleanest-burning solid fuel on the commercial The legislation promotes drilling in the last of foreign energy sources. market today. vestiges of the great American frontier— And let us not forget that this bill does But as we can see through rising fuel places like Alaska’s Arctic Refuge and the something for American families. As gas prices, we are too dependent upon foreign oil. Rocky Mountain Front—ruining forever these prices climb, it becomes more and more ex- In the United States, we consume about 20.5 examples of nature’s magnificence all for what pensive to take our children to sports games, million barrels of oil per day. That’s about 7.5 amounts to 5 percent of a one year’s supply visit out-of-town family, and even drive. to billion barrels per year. Half of that is im- of oil. At the same time, it authorizes $80 bil- work. We need relief from high gas prices and ported. And almost half of American oil con- lion in new spending to assist the big oil com- this legislation is a step in that direction. sumption is for motor vehicles. panies—one reason conservatIve organiza- Mr. CUMMINGS. Mr. Chairman, while Vice One of our priorities should be to reduce our tions such as Taxpayers for Common Sense President CHENEY still refuses to release the dependence on foreign oil. We should be in- and Citizens Against Government Waste op- records of his Energy Task Force, it is obvious creasing research and development into our pose this bill. Just yesterday, the president ex- from the bill under consideration today who fossil fuel program. With continued research of pressed similar concerns as well. Another pro- participated in the task force and who shaped coal, the potential of the United States becom- vision gives legal protection to producers of the Energy Policy Act before us. For the ing energy self-sufficient in an environmentally MTBE—a substance if consumed can cause a uninitiated, let me tell you, it was the big oil, friendly manner is enhanced. variety of health problems. coal, natural gas, and nuclear energy compa- For over 15 years, through the clean coal I would like to also express my concern nies and concerns who shaped this legislation. programs of the Department of Energy, the about two very important sections of this bill. According to the Congressional Research Federal Government has been a solid partner, Section 330 limits the ability of state govern- Service, U.S. energy consumption has almost working jointly with private companies and the ments to oversee the permitting process of tripled between 1950 and now. The U.S. has

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2445 3 percent of the world’s oil reserves—but now able fuels. For example, the 2002 Farm Bill floor because this legislation ignores my con- uses 25 percent of the oil produced in the authorized $150 million in spending in fiscal stituents’ needs and adds to their troubles world. In 2003, our nation used approximately 2006 to support bioenergy initiatives. How- through higher prices, an increased tax bur- 20 billion barrels of petroleum per day—while ever, the President’s short-sighted fiscal 2006 den, more pollution, and less national security. producing just under 6 billion barrels of crude budget proposes to limit expenditures on I urge my colleagues to do the same. oil. these initiatives to just $60 million. Mr. MORAN of Virginia. Mr. Chairman, I rise How much has our energy use increased? Such reductions in spending on bioenergy— in opposition to this legislation and in support Our petroleum usage in 2003 was almost 3 especially given the provisions of the H.R. 6— of the Markey/Johnson amendment to protect times higher than it was in 1950. Our con- are misguided. the Arctic National Wildlife Refuge. sumption of natural gas in 2003 was almost 4 H.R. 6 does not provide the new energy pol- I am pleased to be an original cosponsor of times greater than in 1950. Our consumption icy we so desperately need. I urge a no vote the Udall-Eisenhower Arctic Wilderness Act of coal in 2003 was double the amount we on this legislation. and am diametrically opposed to drilling in the used in 1950. Mr. HIGGINS. Mr. Chairman, I rise today in refuge. I say this as an unabashed advocate In fact, today, in 2005, 86 percent of the en- objection to H.R. 6, the Energy bill under con- for protecting the environment. ergy we consume is still generated through sideration by the full House of Representatives As Rep. MARKEY recently stated, ‘‘We must the use of non-renewable fossil fuels. this week. Sadly, the energy bill does little to draw the line against drilling in our few re- America’s energy policy at this critical time reduce our nation’s dependence on foreign oil, maining pristine habitats set aside specifically should pioneer the use of renewable fuels and decrease rising oil and gas prices, increase for preserving wildlife for future generations. If move our nation away from dependence on our national security, protect our environment, we allow drilling in the Arctic National Wildlife fossil fuels. At a minimum, national energy or encourage investment in renewable energy Refuge, there will be no place in America so legislation should reduce our dependence on sources. special that it cannot be opened up for com- foreign oil In fact, Mr. Chairman, of the $8 billion in tax mercial exploitation.’’ However, the U.S. Energy Information Ad- breaks in this bill, only about 6 percent goes Unfortunately, the environmental ethic holds ministration has concluded that the legislation toward energy efficiency and renewable no value with this White House or a majority before us today will not support the develop- sources of energy, and the rest goes to the al- of my colleagues in this chamber. ment and wide usage of renewable fuels or ready booming oil and natural gas industry They simply don’t care. even reduce our reliance on foreign oil. In fact, that already receives more than generous in- So let me try another tract. It’s one that I the Energy Information Administration con- centives. And we’re not getting anything back fear is too real a scenario and one this energy cludes that the bill will reduce oil imports by from this disproportionate investment. The Ad- bill falls seriously short of addressing. just over 1 percent by 2025—20 years from ministration’s own Energy Information Admin- Today, this year, this decade, it really now. istration acknowledges that with this bill, doesn’t matter, but someday and someday While not taking any responsible steps to ‘‘changes to production, consumption, imports, soon we will cross the point where world de- lay the foundation for a new energy policy in and prices are negligible.’’ They even find that mand for oil will outpace available supply. The America, the bill before us does provide $8 bil- gasoline prices under this legislation would in- disagreement isn’t about if it will occur, it’s lion in tax breaks for the energy industry. In crease by between three and eight cents per when. keeping with the basic irresponsibility of this gallon. And, when it does occur it will be a time of legislation, less than 10 percent of these tax Clearly, this measure is a short sighted po- reckoning. We will have to reorient our oil-de- breaks will go to the renewable fuel industry. litical move aimed at winning friends and con- pendent economy into something less con- H.R. 6 would also allow drilling in the Arctic tributors instead of what it should be—a long sumptive of oil. If the shortfall in supply takes National Wildlife Preserve despite the fact that term plan to ease the energy burden on con- on crisis type dimensions, the transition will be the U.S. Geological Survey has estimated that sumers and make the United States safer and much more disruptive economically and so- there is less than a year’s supply of oil in the energy independent—and that’s a shame. cially. Preserve. As a member of the Committee on Govern- The one reserve we possess to ease this Only 15 percent of Federal land in the ment Reform’s Subcommittee on Energy and transition, buy us time and mitigate a crisis, is Rocky Mountain states is currently off-limit to Natural Resources, I know all too well how en- the untapped reserve thought to exist under oil drilling. A total of 42 million acres of feder- ergy needs shape our foreign policy and our the National Arctic Wildlife Refuge. ally held land are currently leased to oil and national security agenda. Our desperate need I would hate to see this reserve extracted gas companies. There is no reason to expand for oil pits us against China and India. It forces under any circumstance, but if one day it drilling to include Alaska’s Wildlife Preserve. us into a position of funding governments and must, let it be for better reasons than those Similarly, H.R. 6 would provide $2 billion to world leaders who funnel our payments to presented today. support research on recovering oil and gas re- groups that are currently planning to do us I doubt there will ever be sufficient safe- sources from the deep waters in the Gulf of harm. And our need for oil from foreign mar- guards to guarantee this Serengeti of the Arc- Mexico—despite the fact that oil companies kets forces our brave Armed Service men and tic can be protected once drilling starts, but if are generating record profits. women into harm’s way to protect our vital in- there is credence to the argument that the H.R. 6 would also limit the liability of MTBE terests. technology and safeguards used today are manufacturers for pollution to drinking water But oil need not be the lead driver in our na- better than yesterday’s, then tomorrow’s will supplies despite the fact that the use of MTBE tional security policy. We have resources at still be more advanced than today’s improve- was not mandated and that there was evi- home like water, wind and sun that, with re- ments. dence even before it was widely used that it search and investment, can produce cleaner Let’s not drill now, squander our last reserve could be harmful to drinking water supplies. energy sources and cheaper alternatives, can of oil and gain nothing in improved economic The costs of cleaning up MTBE pollution will reduce our dependence on foreign oil, and security. be in the billions of dollars—far more than can create jobs and spur spending here at Unless this bill places our Nation on a path many local jurisdictions can afford to pay from home. Just outside my district, with the water toward lower levels of oil consumption, greater their own resources. heaving over the Niagara Falls, we convert use of alternative fuels, greater levels of fuel While the groups who met with Vice Presi- water into electricity every day. It’s a shame efficiency and conservation, why should we dent CHENEY were clearly focused on main- this bill doesn’t address similar options around advance the calendar on the day of reck- taining the status quo in America’s energy pol- the country. oning? icy, there are in fact many things that can be All too often I hear from my constituents in Why should we consume next year’s seed done to decrease our dependence on fossil Western New York that too many low-income corn, when we haven’t experimented with al- fuels and particularly to decrease our depend- families, disabled individuals and senior citi- ternative diets or eating less? ence on foreign oil. zens are not able to afford their energy costs. Support the Markey/Johnson amendment; We can support increased energy conserva- My district is particularly hard hit with extreme oppose drilling in the refuge. tion. We can revamp—not repeal—the Public cold temperatures, which cause more families Mr. MORAN of Virginia. Mr. Chairman, I rise Utility Holding Company Act. We can imple- to face unaffordable heating costs and put in support of the Boehlert/Markey CAFE ment policies to reduce the ability of energy families and seniors at a higher risk of life- standard amendment. traders to manipulate markets and rates. threatening illness or death if their homes are When it comes to cheap energy and low Further, we can increase spending on the too cold in the winter or too hot in the sum- gasoline prices, we have lived on borrowed development of bioenergy and other renew- mer. I will vote against the energy bill on the time.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2446 CONGRESSIONAL RECORD — HOUSE April 21, 2005 As a whole our energy policies promote Another sign of concern is that Indonesia, a We cannot sustain a situation where 6.7 profligate consumption. The more you buy and member of OPEC, became a net importer of percent of the world’s population continues to consume the cheaper the unit price. oil in 2004. consume 24 percent of the world’s energy. The bill before us does little to wean our na- These recent increases in worldwide oil de- (Energy Information Administration 2002 fig- tion from its dependence on foreign and un- mand are not a one-time phenomenon; ures: 405 quadrillion Btus world—98 quadril- stable sources of energy. According to DOE, there’re here to stay and will continue to lion Btus U.S.) this nation consumes 24 percent of the world’s squeeze markets and push oil prices ever Mr. Chairman, this bill is deficient and heads energy while comprising less than 7 percent of higher. our country in the wrong direction. It rushes us the world’s population. The Department of Energy, on its own Web closer to the day shortages occur and sets us Today, the world is racing to develop and site, even suggests that crude oil prices will backward on our ability to address it. catching up with our consumptive habits and continue to cost over $50 per barrel. (Though I urge my colleagues to reject this bill. standard of living. It’s a race that cannot suc- they are silent on any long-term forecast.) Mrs. BONO. Mr. Chairman, I first want to ceed and is unsustainable over the long term. Mr. Chairman, we are an oil-based econ- thank Chairman BARTON for putting so much I deeply regret that a majority in this Con- omy. While coal, uranium and some renew- time and effort into this legislation. It is due to gress for years blocked the Department of able sources such as wind comprise a major- his leadership and commitment to establishing Transportation from raising the Corporate Av- ity of the fuel used to generate electricity, a better national energy policy that we are most of our economy is dependent or exclu- erage Fuel Efficiency Standard for auto- here today. sively reliant on oil, from fertilizers for agri- mobiles and trucks H.R. 6 takes many important steps. I am es- culture, plastics for manufacturing to gasoline Then, when the White House changed pecially pleased at its focus on renewable en- and diesel for transportation. ergy and I thank Chairman BARTON for includ- hands in 2001, and perhaps confident that no Unfortunately, H.R. 6 does very little to pre- ing my Renewable Energy Production Incen- real action to raise standards would occur, the pare us for the day when this insatiable de- tive (REPI) legislation in the bill. In addition to restriction was no longer included as a rider in mand for oil outpaces world supplies. the appropriations bills. When that day comes, the prospect of $80 REPI, H.R. 6 also helps homeowners across This short sighted policy has placed us barrels of oil and $4.50 a gallon of gasoline the nation through its weatherization assist- squarely in the situation we are in today. are not unrealistic. Some pessimistic forecasts ance program and makes an important com- Had the current president’s father adopted even predict $200 barrels and $10 a gallon of mitment to hydrogen fuel research, including tougher CAFE standards, put us on a gradual gasoline. my public transit provision, to spur the devel- path to 27 miles per gallon for light trucks and Many experts believe that most of the opment of hydrogen vehicles and infrastruc- 34 gallons for cars, we would have displaced world’s proven reserves have been found and ture. Teaming together with private enterprise, all oil we import from OPEC today. that supplies will decline an average of 3 to 6 we can become less dependent on using fos- Of course we would still be importing oil percent a year once the oil peak has been sil fuels for our homes and our cars. from the Persian Gulf, but our economy and crossed. But while we work towards achieving free- our transportation sector and today’s auto The oil shock caused by the Arab oil embar- dom from oil and those nations who produce manufacturers would not be reeling from the go of 1973–74 cut supplies temporarily by 5 it, the reality is we still need this resource. To consequences of $50 barrels of oil and $2.35 percent. address that need and its impact on our econ- per gallon of gasoline. The social and economic disruptions caused omy, this legislation also helps expand domes- Mr. Chairman, for the sake of the future of by this temporary disruption in supply were felt tic exploration. We can take important steps in our country and our long term economic pros- for more than a decade. Gas prices shot up not only creating a greater sense of independ- perity we need to wean ourselves from our de- 400 percent, inflation ran rampant and was ence and lowering the costs at the pump, but pendency on oil. fought with double digit interest rates and un- also help our own economy and the small, Nothing is likely to have a greater impact in employment climbed over 10 percent. independent producers who are struggling accomplishing this goal than making our trans- Are we prepared or are we preparing our- today. We cannot and should not allow our portation sector more fuel efficient. selves for some permanent downward decline very own producers to be overlooked when re- I urge my colleagues to support the Boeh- in supply? sources are limited and the price of gas is ris- lert-Markey amendment. Does this bill prepare us for this eventuality? ing. Mr. MORAN of Virginia. Mr. Chairman, I rise I think the answer is that it clearly does not. My home state of California has seen its in vehement opposition to this legislation. Why are we rushing to exploit pristine wil- share of energy problems. It is critical for our Two years have passed since the last time derness areas like the Arctic National Wildlife nation to have a national strategy on energy we debated a comprehensive energy bill on Refuge and bestowing more tax incentives on so we can clear many of these hurdles loom- the House floor, but the majority appears to some of America’s most profitable companies ing in our future. This bill takes our country in have learned nothing since that time. and individuals to tap our last domestic the right direction. What we are considering today is practically sources of domestic oil and gas when these Again, I wish to thank Chairman BARTON for the same, identical bill from last Congress. It sources won’t even make a dent in our oil and his diligence and effort on this legislation. even has the same bill number (H.R. 6) as gas needs? Mr. UDALL of New Mexico. Mr. Chairman, I last time, as if it were photocopied with com- Where are the incentives and subsidies to rise today in strong support of the Boehlert- wean us from our dependency on foreign oil? plete indifference to the disturbing news and Markey amendment to raise fuel economy Where are the incentives and subsidies to international developments that have come to standards for automobiles and I thank the retool industry to alternative fuels and greater pass in recent years. efficiency? gentlemen offering this amendment for yield- Mr. Chairman, why is oil more than $50 a One part of our solution to the looming en- ing me time. barrel and gasoline prices averaging $2.28 per ergy crisis is to require automobiles to be Mr. Chairman, we have heard it repeated gallon? more fuel efficient. Had we improved efficiency over and over during debate on this bill from The simple answer, demand is up and sup- through higher CAFE standards 27 miles for members on both sides of the aisle—we must ply is limited. light trucks and 33 for cars back in the early reduce our dependence on foreign sources of A more thorough investigation leaves one 1990s, we could have displaced all the oil we oil, and we must stabilize our energy costs. very troubled with the direction we are head- imported from OPEC today. This bill is shame- Yet H.R. 6 does none of these things! ed. While demand from the U.S. and other in- fully silent on that issue. That is why I strongly support this amend- dustrialized nations is growing on average 1.2 We have been shortsighted in our energy ment to raise the average of 25 miles per gal- percent, the situation in developing nations policies, preferring to influence short-term lon to 33 miles per gallon over the next ten has radically altered. Demand for oil in these prices, keeping them artificially low while ig- years. Increasing the fuel economy is one im- countries is now growing at an average of 2.7 noring the long-term consequences of pro- portant step we can take towards making all percent annually. On its face that may not grams and policies that promote greater con- this rhetoric a reality. This amendment truly sound like a lot but it is not sustainable and sumption and profligate waste. does benefit our national security, our econ- is largely the cause behind the higher prices When oil supplies begin their decline and omy, and consumers. we’re encountering today. prices spiral higher, our profligate waste may Raising fuel economy standards would reap In China, demand for oil is growing at al- be our one silver bullet to respond. SUV, pickup truck, and minivan owners a net most an exponential rate. India isn’t far behind There are incredible opportunities to make savings of up to two thousand dollars in some either. Combined, these countries represent industry, office buildings, homes and vehicles cases. It would also alleviate the need for the 35 percent of the world’s population. more fuel efficient. U.S. to send over $25 million abroad each

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2447 hour to pay for foreign oil. These payments in- The public knows that the Arctic National energy efficiency and the use of renewable crease the trade imbalance, reduce the Wildlife Refuge is the last place that America sources of energy. strength of the dollar, drive up-the cost of should look for oil, not the next place. Instead, at a time of record gas prices, this other imported goods, and stunts the growth The public supports investing in renewable special-interest, anti-consumer energy bill of the nation’s GDP. energy sources, but this bill is heavily skewed would actually increase gas prices. The na- In addition, many of the world’s major auto- towards more public subsidy of oil and gas in- tional average price for gasoline remains at a makers recently signed an agreement with the terests, already awash in cash. These compa- record level of $2.24 per gallon. And yet, ac- government of Canada that commits them to nies have ample money available to exploit cording to the Bush Administration’s own En- improving fuel economy standards by 25 per- energy resources in this country if they wish. ergy Department, the Republican bill will actu- cent by 2010. China will soon produce cars Alternative energy sources are shortchanged ally increase gas prices by 3 cents and will and trucks that are more energy-efficient than in this bill. It has been estimated that they get have almost no effect on production, con- the U.S. fleet. Considering that the U.S. con- one dollar for every $363 invested in other sumption, or prices, sumes a quarter of the world’s oil, we must sources. Wind and solar energy are abundant, As if raising gas prices were not bad keep pace with these other countries and im- and non-polluting; with a fraction of the re- enough, H.R. 6 also harms our environment. It prove our fuel economy standards. sources lavished on traditional energy rolls back important safeguards in the Clean This amendment matches the rhetoric by sources, alternative energy could increase the Water Act and the Safe Drinking Water Act, truly reducing our dependence on foreign oil, production and reduce cost. which are critical in keeping our waterways helping our economy, and benefiting con- The public is not interested in cutting deals clean and safe. Protecting the producers of sumers. I urge my colleagues to support this with special-interests at the expense of the en- MTBE from paying for polluting our drinking amendment. vironment and public health. This bill poses water, H.R. 6 actually passes the cost of Mr. RYUN of Kansas. Mr. Chairman, the en- significant risk to air pollution and makes an cleaning up the industry’s mess to taxpayers. ergy policy before us is comprehensive and unnecessary and unwise compromise with Finally, it opens the Arctic National Wildlife timely. It bolsters the economy while pre- MTBE manufacturers at the expense of state Refuge, one of our nation’s greatest natural serving the environment, recognizing that one and local authorities and the quality of local treasures, to drilling by the oil and gas indus- need not be sacrificed for the other. In ad- drinking water. tries. dressing both present and future concerns, I am opposed to a provision in the bill that At this time in history, it is crucial that we this plan provides real improvements to our shortchanges public participation in the hydro- work to reduce our dependence on foreign oil energy policy with the goal of reducing our de- power relicensing process. By denying rights by prioritizing energy efficiency and renewable pendence on foreign oil. to private landowners, farmers, local busi- energy. Of all the tax incentives in H.R. 6, only This bill looks inward by expanding our re- nesses, tribes, fishermen, conservationists and 7 percent are designated to encourage renew- finery capacities and tapping into our domestic others who share a direct interest in dam op- able energy and conservation, while billions of resources in an environmentally safe way. erations, the bill would make it less likely that dollars in tax breaks are funneled to the oil This will help provide relief for rising gas license applicants would agree to an outcome and gas industries. On top of these tax prices and begin to safeguard us against the that allows for energy generation as well as breaks, provisions in this bill would provide as whims of OPEC. protection of the river ecosystem. In Oregon, much as $2 billion over ten years to compa- Beyond traditional energy, this plan pro- PacifiCorp is in the process of relicensing a nies who drill in the deep waters off the Gulf motes the development of renewable fuels. By number of dams on the Klamath River. The of Mexico. Instead of increasing corporate approving this bill, we will do much for the de- company has been involved in an open and giveaways at a time when oil and gas compa- velopment and expansion of alternative fuels. cooperative process with stakeholders, and I nies are raking in record profits, we must re- For example, the increased use of Ethanol will am concerned that the language in the bill double our efforts to support renewable en- not only reduce our dependence on foreign oil would both undermine that progress as well as ergy and conservation. but will also benefit our economy and environ- reduce incentives for other companies to en- Mr. Chairman, because H.R. 6 would in- ment. Farmers in Kansas and across the gage in this type of open process. crease gas prices, harm our environment, and country stand ready to help with this effort. I am disappointed that Congress defeated a do so little to encourage renewable energy We have gone without a national energy number of Democratic amendments that would sources, I oppose this legislation and urge my plan for far too long. We must act now and fi- have boosted fuel efficiency, removed lan- colleagues to do the same. nally pass this forward-looking energy plan guage allowing drilling the Arctic National Mr. EMANUEL. Mr. Chairman, there is a into law. Wildlife Refuge, kept in place important con- simple test this energy bill should pass. Mr. BLUMENAUER. Mr. Chairman, it is sumer protections, and reduced our depend- Is big oil going to see their largess before commonly heard that the world changed after ence on foreign oil. I am pleased that one the American people see relief at the pump? September 11, 2001; yet the energy bill did small, but important, step was taken by the The answer’s yes, and that’s exactly what’s not. acceptance of my amendment to establish a wrong with this legislation. What Congress is considering this week is Conserve by Bike program. This amendment It isn’t a bill written for the benefit of the virtually identical to that which came forth from authorizes pilot programs and a national study American people, but by high-priced lobbyists DICK CHENEY’s energy task force and the Con- that will help us better understand the benefits for the benefit of their high-priced clients. gressional process four years ago. The ever of converting trips from cars to bikes and how The Energy Department says this bill growing concerns about energy reliability, the to educate people about these benefits doesn’t lower gas prices. In fact, it could actu- Enron scandal, skyrocketing gas prices, in- In short, this bill looks at our energy prob- ally raise gas prices by 3 to 5 cents per gallon creasing demands on ever scarce supplies in lem through a rearview mirror; it gives too according to the Department’s independent unstable areas of the world all have not pro- much to the wrong people to do the wrong budget analysis. duced a change in the mindset of Congress. thing and is dramatically out of step with what Even President Bush said this bill sub- At a time when we should call forth our best, the American public needs and wants. One sidizes the oil and gas companies and that he the energy bill is both a mediocre effort and can only hope that as it works its way through would have written it differently. more appropriate for the 1950s than this new the Senate, and as the public discovers what’s The energy bill is supposed to provide this century. in this bill, that some of the more unfortunate nation with a comprehensive energy policy, With the American energy experience over provisions will be eliminated or modified. but what’s written here is an $8 billion give- the last third of a century, public opinion has There will come a time in the foreseeable away to big oil. grown clearer while Congress’ vision has not. future when the needs of our country and the Mr. Chairman, yesterday the President said, With 10 percent of our energy use tied di- wishes of the public are heard and that will be ‘‘I wish I could simply wave a magic wand and rectly to our vehicular traffic, it is selfevident to reflected in an energy policy for this century lower gas prices tomorrow.’’ the majority of Americans that our fuel effi- that is cost effective and rational. Well, Mr. President, I wish that I could wave ciency standards should be significantly in- Mrs. MALONEY. Mr. Chairman, I rise today a magic wand and get your administration and creased. The Japanese and Europeans are al- in opposition to H.R. 6. this Congress out of the pockets of big oil ready far ahead of us. Even the Chinese have The people of our nation need an energy companies. now adopted more stringent fuel efficiency policy. We need to pass an energy policy that Then maybe we could begin the people’s standards. Congress cannot keep up with the actually brings down record high gas prices, work. American public or the policymakers in China, protects our environment, and truly reduces Mr. COSTELLO. Mr. Chairman, I rise today Japan or Europe. our dependence on foreign oil by encouraging in support of H.R. 6, the Energy Policy Act of

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2448 CONGRESSIONAL RECORD — HOUSE April 21, 2005 2005. Completion of this energy bill is a step over 15 years, add $135 billion to the Amer- Instead, this bill clings to the incorrect as- forward in our struggle for energy security and ican economy by 2016 through increased agri- sumption that our nation can drill and dig its independence. A reliable and affordable en- cultural demand and new capital spending, way to energy independence. Although trans- ergy supply is crucial to America’s economic and generate $32 billion in income for Amer- portation is the largest source of oil consump- vitality, security, and quality of life. ican consumers over 15 years. Illinois cur- tion in the nation, H.R. 6 authorizes drilling in While this energy bill is not perfect, we con- rently produces over 800 million gallons of the Arctic National Wildlife Refuge rather than tinue to make progress towards promoting en- ethanol per year at 7 different plants, roughly making modest improvements to automobile ergy conservation and efficiency; increasing 28% of all U.S production, employing 1,168 fuel efficiency standards. Instead of investing the use of all domestic energy resources, in- people. in renewable energy sources, 93 percent of its cluding coal and ethanol; improving our en- Although I am pleased the energy bill pro- $8.1 billion in energy production tax incentives ergy infrastructure; and promoting the devel- motes essential investments in energy effi- are targeted toward gas, oil, and other non-re- opment of advanced energy technologies. ciency, renewable fuels, and advanced vehicle newable sources. The combustion of fossil fuels is essential to technologies, much more is needed. The se- The measure also includes some very dis- our energy policy and must continue to be a curity and environmental challenges can no turbing provisions that can damage the health part of a balanced energy plan for this coun- longer be overlooked if our country wants to and safety of our citizens. H.R. 6 includes a li- try. Coal is absolutely critical to our nation’s truly reduce our oil dependence. Therefore, I ability exemption for manufacturers of MTBE, economic health and global competitiveness am disappointed the Boehlert/Markey amend- the fuel additive that has contaminated the because there is no present alternative to coal ment which I supported did not pass. This groundwater of communities throughout the to meet our energy needs. Coal accounts for would have increased the fuel economy of nation, including in Pascoag, Rhode Island. It more than 50 percent of U.S. electricity pro- America’s vehicles to 33 miles per gallon by also strips states of their ability to provide for duction in the U.S., and in my home state of 2015. The technology exists today to make all the safety of their citizens by granting the Fed- Illinois, the coal reserves contain more BTU’s vehicles to go farther on a gallon of gas while eral Energy Regulatory Commission almost than the oil reserves of Saudi Arabia and Ku- improving safety and consumer choice. This unlimited authority in siting new liquefied nat- wait. Twenty-three of the state’s 82 generating amendment would save American consumers ural gas facilities. A recent study by the De- facilities run on coal and employ over 2,883 money at the gas pump, protects the environ- partment of Energy noted a deliberate attack employees. However, a majority of the coal fa- ment, and cuts America’s dangerous depend- on a LNG tanker could result in a deadly fire cilities burn Western coal. The coal provisions ence on oil. reaching as far as a mile away. Nevertheless, I am also disappointed an amendment of- included in today’s energy bill could help these FERC is considering an application for a LNG fered by Representatives MARKEY and JOHN- plants switch back to Illinois coal, keep them facility in Providence, in proximity to Interstate SON that would prohibit drilling in the Arctic operating in a more environmentally friendly 95, schools, neighborhoods, and Rhode Island National Wildlife Refuge (ANWR). I have con- way, and maintains jobs. Hospital, the only Level trauma center in the sistently opposed oil and gas exploration, de- I am pleased this year’s energy bill contains state. A broad, bipartisan group of state public velopment, and production in the Arctic Ref- provisions for clean coal technologies to burn officials, including the Governor, Lieutenant uge and voted in favor of the Markey/Johnson coal more efficiently and cleanly with the hope Governor, Attorney General, Mayor of Provi- of achieving a healthier environment while amendment to strike the title from the bill. Finally, I supported a motion to strike a pro- dence, and the Congressional delegation, maintaining jobs. Specifically, I am referring to have expressed their united opposition to the an important provision in H.R. 6 that author- vision in H.R. 6 that has been identified by the Congressional Budget Office as an unfunded proposal, but the provisions in this bill would izes $200 million for fiscal years 2006 through place the decision solely in the hands of 2014 for the Clean Coal Power Initiative mandate on state and local governments and the private sector. This provision shifts the FERC without the consent of those elected to (CCPI) to direct the Secretary of Energy to protect the people of Rhode Island. carry out pollution control and coal gasification clean-up of methyl tertiary butyl ether (MTBE), burden on communities and the federal gov- Last week, right before the April 15th tax fil- projects to promote environmentally safe en- ernment. Clean up is a huge and growing ing deadline, this Congress passed an estate ergy production using performance goals for problem in communities across the country, in- tax bill that benefited only the wealthiest one- coal emissions, awarding grants and funding cluding my congressional district, as MTBE third of one percent of Americans while adding coal gasification projects. I am also pleased contamination is extremely expensive, and massive debt to burden future generations. the energy bill again contains my language to taxpayers should not be obligated to pick up Today, the day before Earth Day, we are con- create national centers for coal research, one the tab. sidering an energy bill that provides massive of which is Southern Illinois University Mr. Chairman, America deserves an energy tax breaks to the oil and gas industry instead Carbondale (SIUC) because of the university’s policy that makes the country safer and more of investing in cleaner renewable sources and proven record of demonstrating clean coal secure. There are many aspects of the energy energy efficiency. Again, Congress has identi- technologies. Further, this year in the House bill, such as the coal and ethanol provisions fied a problem and responded in a fashion Science Committee, I introduced a new initia- that help Illinois, and I will work with my col- contrary to the long-term interests of our na- tive that was included in today’s energy bill to leagues to ensure they are an integral part of tion. I am deeply disappointed in this measure create a program to develop advanced tech- our energy future. and urge my colleagues to vote against it so nologies to remove carbon dioxide from coal Mr. LANGEVIN. Mr. Chairman, I rise today that we can refocus our efforts on an energy emissions and permanently sequester it below in opposition to H.R. 6, the Energy Policy Act. policy for America’s future. ground. This is one of the technologies that I believe every Member in this chamber Mrs. DAVIS of California. Mr. Chairman, I the FutureGen project is designed to use. agrees that our country faces a potential en- rise regrettably in opposition to H.R. 6, the En- Southern Illinois is the perfect location for ergy crisis if we do not act quickly to establish ergy Policy Act. While there are many good FutureGen, which is a clean coal power plant a new national energy policy. We need to provisions in the act that make modest im- with emissions equal to those of natural gas make major investments in energy self-reli- provements in support of energy efficiency, that has been proposed by President Bush ance, infrastructure, and new technologies. there are major deficiencies in this bill. and needs Congress’s support. However, where we differ is on how best to My constituents are very clear about the In addition to the clean coal provisions, the achieve those goals. When I look at the provi- problems they face. First, gas prices are too bill contains provisions instrumental in helping sions of this bill, I do not see a clear vision for high at the pump. Second, our country will al- increase conservation and lowering consump- America’s future. Instead, I see a policy that ways have to rely on foreign-produced oil. tion. Included in this are ethanol provisions promises more of the same and that does not Third, the costs of electricity have been in- that are used as a replacement and additive end our nations’ dependence on foreign oil. It flated by the manipulations of energy corpora- for gasoline consumption. Under this legisla- astonishes me that the nation that mobilized to tions which have not been required to refund tion, ethanol use would increase, nearly tri- put an American on the moon is not leading their illegal profits. In addition, many are con- pling the current requirement. This is expected the world in developing new, clean and renew- cerned about the effect of greenhouse gas to increase the average price of corn paid to able energy sources. Such an effort would re- emissions. This measure does not strongly ad- farmers 6.6 percent, or 16 cents per bushel vitalize our economy, improve our environ- dress these issues. and increase average net cash income to ment, and strengthen our national security. The cost of gas is a function of supply and farmers by $3.3 billion over the next decade, However, this mission can be successful only demand. This body had the opportunity to or more than six percent. This increased use with the leadership of Congress and the Presi- enact a wisely balanced policy to reduce the of ethanol will save 1.3 billion barrels of oil by dent, and I regret that we have not pursued demand for oil in this country and to address 2016, improve the trade deficit by $28.5 billion that goal here today. the supply of fuel by investing aggressively in

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2449 alternative energy sources. The President’s the body which has failed to order appropriate Fossella Latham Radanovich Foxx LaTourette Ramstad own energy administration have said this bill refunds for California utility consumers based Franks (AZ) Lewis (CA) Regula will have only negligible impact on production, on the 2000–2001 manipulation of the power Frelinghuysen Lewis (KY) Rehberg consumption and imports of oil. In fact, they market. Gallegly Linder Reichert said it will probably increase the price of gaso- Garrett (NJ) Lipinski Renzi While I applaud a number of measures, like Gibbons Lucas Reyes line by 3 cents per gallon. continuing the Energy Star program for appli- Gillmor Lungren, Daniel Reynolds What this bill does is to authorize more ances and providing grants of $50 million in Gingrey E. Rogers (AL) money for existing energy producers to in- 2006 to develop or promote photo voltaic tech- Gohmert Mack Rogers (KY) Gonzalez Manzullo Rogers (MI) crease oil drilling in sensitive areas for nologies, these measures are modest com- Goode Marchant Rohrabacher sources of supply that will not greatly reduce pared to the overall need for investing in alter- Goodlatte Matheson Ros-Lehtinen future reliance on foreign oil. The President native energy sources and passing measures Gordon McCaul (TX) Ross himself declared that with oil costing over $50 Granger McCotter Rush to decrease our dependence on petroleum. Graves McCrery Ryan (WI) per barrel, the oil industry does not need fur- The Acting CHAIRMAN. There being Green (WI) McHenry Ryun (KS) ther incentives to increase production. Price no further amendments, under the rule, Green, Al McHugh Scott (GA) alone does that. Yet, this bill provides $8 bil- the Committee rises. Green, Gene McKeon Sensenbrenner Gutknecht McMorris Shadegg lion in subsidies for the oil and gas industry. Accordingly, the Committee rose; Hall Meeks (NY) Shaw The President proposed $6.7 billion for tax and the Speaker pro tempore (Mr. Harris Melancon Sherwood breaks for energy with 72 percent invested in LAHOOD) having assumed the chair, Mr. Hart Mica Shimkus renewable energy sources and energy effi- Hastert Miller (FL) Shuster SIMPSON, Acting Chairman of the Com- Hastings (WA) Miller (MI) Simmons ciency. Instead, this bill reduces that invest- mittee of the Whole House on the State Hayes Miller, Gary Simpson ment to 6 percent. Even an existing program of the Union, reported that that Com- Hayworth Mollohan Skelton to provide tax credits for wind power will sun- mittee, having had under consideration Hefley Moran (KS) Smith (TX) set this year and has not been renewed in this Hensarling Murphy Sodrel the bill (H.R. 6) to ensure jobs for our Herger Murtha Souder bill. Yet, high costs of electric energy must be future with secure, affordable, and reli- Herseth Musgrave Stearns reduced by use of renewable sources for able energy, pursuant to House Resolu- Hinojosa Myrick Sullivan power. Hobson Neugebauer Sweeney tion 219, he reported the bill back to Hoekstra Ney Tancredo A major way Congress could have acted to the House with sundry amendments Holden Northup Taylor (NC) reduce petroleum demand would have been to adopted by the Committee of the Hostettler Norwood Terry increase fuel efficiency standards for auto- Whole. Hulshof Nunes Thomas mobile fleets. A major report by the National Hunter Nussle Thornberry The SPEAKER pro tempore. Under Hyde Ortiz Tiahrt Commission on Energy Policy advocated en- the rule, the previous question is or- Issa Osborne Tiberi hancing oil security by reforming and signifi- dered. Istook Otter Towns cantly strengthening vehicle efficiency stand- Jackson-Lee Oxley Turner Is a separate vote demanded on any (TX) Pearce Upton ards. Within a relatively short time, expanding amendment? If not, the Chair will put Jefferson Pence Visclosky the production of vehicles with existing tech- them en gross. Jenkins Peterson (MN) Walden (OR) nologies could have reduced fuel consumption The amendments were agreed to. Jindal Peterson (PA) Walsh of automobiles and U.S. oil demand. Yet, an Johnson (IL) Petri Weldon (FL) The SPEAKER pro tempore. The Johnson, Sam Pickering Weldon (PA) amendment to increase fuel efficiency stand- question is on the engrossment and Keller Pitts Weller ards failed. third reading of the bill. Kennedy (MN) Platts Westmoreland The Commission also advocated providing King (IA) Poe Whitfield The bill was ordered to be engrossed $300 million per year in manufacturer and King (NY) Pombo Wicker and read a third time, and was read the Kingston Pomeroy Wilson (NM) consumer incentives for production and pur- third time. Kline Porter Wilson (SC) chase of efficient hybrid-electric and advanced Knollenberg Portman Wolf The SPEAKER pro tempore. The diesel vehicles. This bill falls short of that goal, Kolbe Price (GA) Wynn question is on the passage of the bill. Kuhl (NY) Pryce (OH) Young (AK) providing only $35 million for 2006 for grants The question was taken; and the LaHood Putnam Young (FL) to develop hybrid technology and no funding Speaker pro tempore announced that for incentives to manufacture or purchase NOES—183 the ayes appeared to have it. them. Ackerman Davis (IL) Jones (OH) RECORDED VOTE Allen DeFazio Kanjorski Regrettably, the amendment to strike drilling Andrews DeGette Kaptur for oil in the Arctic National Wildlife Refuge Mr. SHIMKUS. Mr. Speaker, I de- Baird Delahunt Kennedy (RI) also failed. Drilling there would not address mand a recorded vote. Baldwin DeLauro Kildee the near-term supply of oil and therefore gas A recorded vote was ordered. Barrow Dicks Kilpatrick (MI) Bartlett (MD) Dingell Kind prices and is not projected to have a major im- The vote was taken by electronic de- Bean Doggett Kirk pact on reducing dependence on foreign oil. In vice, and there were—ayes 249, noes 183, Becerra Ehlers Kucinich fact, this country cannot be self-sufficient in not voting 3, as follows: Berkley Emanuel Langevin Berman Engel Lantos oil. We must reduce our demand. [Roll No. 132] Berry Eshoo Larsen (WA) Related to an issue of great concern to Cali- AYES—249 Bishop (NY) Etheridge Larson (CT) fornians, the bill protects producers of the ad- Blumenauer Evans Leach Abercrombie Brady (PA) Cunningham Boehlert Farr Lee ditive MTBE from liability for their knowing Aderholt Brady (TX) Davis (AL) Boyd Fattah Levin Akin Brown (SC) Davis (KY) sale of a product which seeps into local water Bradley (NH) Filner Lewis (GA) Alexander Brown-Waite, Davis (TN) supplies rendering them toxic. Initially, an Brown (OH) Fitzpatrick (PA) LoBiondo Baca Ginny Davis, Jo Ann Brown, Corrine Flake Lofgren, Zoe amendment striking this was not allowed to be Bachus Burgess Davis, Tom Butterfield Frank (MA) Lowey debated and voted. States like California could Baker Burton (IN) Deal (GA) Capps Gerlach Lynch Barrett (SC) Buyer DeLay be stuck with paying the estimated $29 billion Capuano Gilchrest Maloney Barton (TX) Calvert Dent bill for cleaning up these sites of leaking stor- Cardin Grijalva Markey Bass Camp Diaz-Balart, L. Cardoza Gutierrez Marshall age tanks and polluted water supply. Beauprez Cannon Diaz-Balart, M. Carnahan Harman Matsui Biggert Cantor Doolittle There are a host of other issues that affect Carson Hastings (FL) McCarthy Bilirakis Capito Doyle my constituents on the coast of California. Case Higgins McCollum (MN) Bishop (GA) Carter Drake Castle Hinchey McDermott These relate to the ability to appeal decisions Bishop (UT) Chabot Dreier Chandler Holt McGovern under the Coastal Zone Management Act and Blackburn Chocola Duncan Clay Honda McIntyre Blunt Coble Edwards incentives for drilling for oil on the Outer Conti- Cleaver Hooley McKinney Boehner Cole (OK) Emerson nental Shelf. The bill removes the power of Clyburn Hoyer McNulty Bonilla Conaway English (PA) Conyers Inglis (SC) Meehan states to determine siting of liquefied natural Bonner Costello Everett Cooper Inslee Meek (FL) Bono Cox Feeney gas facilities. There are also provisions which Costa Israel Menendez Boozman Cramer Ferguson will reduce the incentive for states to clean Crowley Jackson (IL) Michaud Boren Crenshaw Foley Cummings Johnson (CT) Millender- their air, thus increasing global warming. Boswell Cubin Forbes Davis (CA) Johnson, E. B. McDonald In addition, the bill increases the power of Boucher Cuellar Ford Davis (FL) Jones (NC) Miller (NC) the Federal Energy Regulatory Commission, Boustany Culberson Fortenberry

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2450 CONGRESSIONAL RECORD — HOUSE April 21, 2005 Miller, George Ruppersberger Stark Mr. HOYER. Mr. Speaker, I am lution is, even if there is a resolution Moore (KS) Ryan (OH) Strickland Moore (WI) Sabo Stupak pleased to yield to the gentleman from on the Senate side. Moran (VA) Salazar Tanner Texas (Mr. DELAY), the majority lead- The House, as the gentleman knows, Nadler Sa´ nchez, Linda Tauscher er, for the purpose of inquiring about passed the budget that has substantial Napolitano T. Taylor (MS) the schedule for the coming week. mandatory savings in it. The House is Neal (MA) Sanchez, Loretta Thompson (CA) Oberstar Sanders Thompson (MS) Mr. DELAY. Mr. Speaker, I thank my very interested in holding the line on Obey Saxton Tierney friend for yielding to me. their mandatory savings, and the Sen- Olver Schakowsky Udall (CO) Mr. Speaker, the House will convene ate is trying to work through this proc- Owens Schiff Udall (NM) on Tuesday at 2 p.m. for legislative Pallone Schwartz (PA) Van Hollen ess. Pascrell Schwarz (MI) Wamp business. We will consider several So it is really up to the Senate as to Pastor Scott (VA) Wasserman measures under suspension of the rules, what they are going to bring to the Paul Serrano Schultz and a final list of those bills will be conference. Payne Shays Waters Pelosi Sherman Watson sent to Members’ offices by the end of Mr. HOYER. Mr. Chairman, I thank Price (NC) Slaughter Watt the week. Any votes called on these my friend for that information. Again, Rahall Smith (NJ) Waxman measures will be rolled until 6:30 p.m. I do not know the accuracy of the let- Rangel Smith (WA) Weiner On Wednesday and Thursday, the ter in terms of the numbers of people, Rothman Snyder Wexler Roybal-Allard Solis Woolsey House will convene at 10 a.m. for legis- but there seemed to be a fair number of Royce Spratt Wu lative business. We may consider addi- people, there were over 40, on the letter NOT VOTING—3 tional legislation under suspension of which appeared to agree with the Sen- the rules, as well as H.R. 748, the Child Kelly Sessions Vela´ zquez ate’s view, obviously a large number on Interstate Abortion Notification Act. this side who share that view as well. b 1644 Mr. Speaker, I yield back to the dis- Perhaps we might have some discus- Mr. JONES of North Carolina changed tinguished whip. sions about reaching agreement on his vote from ‘‘aye’’ to ‘‘no.’’ Mr. HOYER. Mr. Speaker, I thank that issue at some point in time. So the bill was passed. the gentleman for that information. Mr. DELAY. I appreciate the gen- The result of the vote was announced Mr. Leader, I noticed that the budget tleman yielding. I am sure that the dis- as above recorded. conference report is not listed on the cussions will fly fast and furious over A motion to reconsider was laid on schedule next week. The gentleman next week in trying to get this con- the table. and I talked about that last week. Can ference report done. the gentleman tell us when the gen- Mr. HOYER. Mr. Chairman, I thank f tleman believes the budget conference the gentleman for his information, and ANNOUNCEMENT BY COMMITTEE will be appointed and when we might I yield back the balance of my time. ON RULES REGARDING AMEND- have that on the floor? f MENTS TO H.R. 748, THE CHILD I yield to the gentleman. ADJOURNMENT TO MONDAY, INTERSTATE ABORTION NOTIFI- Mr. DELAY. Mr. Speaker, I appre- APRIL 25, 2005, AND HOUR OF CATION ACT ciate the gentleman yielding. I believe the Committee on the Budg- MEETING ON TUESDAY, APRIL Mr. DREIER. Mr. Speaker, the Com- et chairman, the gentleman from Iowa 26, 2005. mittee on Rules may meet next week (Mr. NUSSLE), has had some informal Mr. DELAY. Mr. Speaker, I ask unan- to grant a rule which could limit the discussions with his Senate counter- imous consent that when the House ad- amendment process for floor consider- part. I have spoken to the majority journs today, it adjourn to meet at ation of H.R. 748, the Child Interstate leader of the Senate. They are hoping noon on Monday next, and, further, Abortion Notification Act, which I sus- to call a conference committee meet- that when the House adjourns on that pect will be discussed by my friends, ing sometime next week, which means day, it adjourn to meet at 12:30 p.m. on the gentleman from Maryland (Mr. we will have to go to conference some- Tuesday, April 26, 2005 for morning HOYER) and the gentleman from Texas time next week. As the gentleman may hour debate. (Mr. DELAY), in just a moment. or may not know, the Senate is taking The SPEAKER pro tempore (Mr. Any Member wishing to offer an a work period the following week, so LAHOOD) Is there objection to the re- amendment should submit 55 copies of they are trying as hard as they can to quest of the gentleman from Texas? the amendment and one copy of a brief get this conference formed, a meeting, There was no objection. explanation of the amendment to the and work done so that we can have a Committee on Rules in room H–312 of f conference report on the floor of the the Capitol by noon on Tuesday, April DISPENSING WITH CALENDAR House and the Senate by the end of 26, 2005. Members should draft their WEDNESDAY BUSINESS ON next week. amendments to the bill as reported by WEDNESDAY NEXT. b 1645 the Committee on the Judiciary by Mr. DELAY. Mr. Speaker, I ask unan- April 13, 2005. Members are advised Mr. HOYER. Mr. Speaker, I thank imous consent that the business in that the report of the Committee on the gentleman for that information. If order under the Calendar Wednesday the Judiciary was filed today, and I could raise one additional issue, it is rule be dispensed with on Wednesday Members are also advised that the text my understanding that one of the rea- next. of the reported bill should be available sons we have not appointed conferees The SPEAKER pro tempore. Is there for their review on the Web sites of the and we have not gone to conference is objection to the request of the gen- Committee on the Judiciary and the the issue of the Medicaid cuts. tleman from Texas? Committee on Rules by Friday, April I understand a substantial number of There was no objection. 22, 2005. Members on your side have suggested f Members should use the Office of that those cuts are not advisable. Obvi- Legislative Counsel to ensure that ously, the Senate did not include those REMOVAL OF NAME OF MEMBER their amendments are drafted in the cuts. Can the majority leader tell me AS COSPONSOR OF H.R. 1095 most appropriate format and should at this point in time if there has been Mr. SHAYS. Mr. Speaker, I ask unan- check with the Office of the Parliamen- any resolution of this issue, as to imous consent to have my name re- tarian to be certain their amendments where we might stand on those Med- moved as a cosponsor of H.R. 1095, a comply with the rules of the House. icaid cuts. bill to amend the Internal Revenue f I yield to my friend. Code of 1986 to establish and provide a Mr. DELAY. Mr. Speaker, I thank the checkoff for a World Trade Center Me- LEGISLATIVE PROGRAM gentleman for yielding. All I can tell morial Fund, and for other purposes. (Mr. HOYER asked and was given the gentleman is, I know there is a lot The SPEAKER pro tempore. Is there permission to address the House for 1 of discussion about that over in the objection to the request of the gen- minute.) Senate. I do not know what their reso- tleman from Connecticut?

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2451 There was no objection. Let us allow the ethics committee to tions concerning travel and other ac- f proceed with their appropriate work. tions by the gentleman from Texas Stop the petty, partisan, political tac- (Mr. DELAY). SUPPORT FOR THE MAJORITY tics. Let us work together and honor Majority Leader DELAY has said all LEADER our constituents’ trust. along that he wants to appear before (Mr. DAVIS of Kentucky asked and f the ethics committee to address the re- was given permission to address the cent accusations. Unfortunately, House for 1 minute.) SUPPORT FOR THE MAJORITY Democrats prefer to attack his char- Mr. DAVIS of Kentucky. Mr. Speak- LEADER acter for political purposes rather than er, it may come as a surprise to the mi- (Mr. GOHMERT asked and was given officially investigate these allegations. nority leader and her liberal followers permission to address the House for 1 Democrats should stop playing poli- in this Chamber to learn that when I minute.) tics with the House ethics committee am back in the 4th District of Ken- Mr. GOHMERT. Mr. Speaker, we and should give the gentleman from tucky I am not asked why I support the have heard a lot of complaints about Texas (Mr. DELAY) the opportunity to majority leader. I am asked why the rules changes by Democrats. As a defend himself through the congres- liberal Democrats insist on obstructing freshman, as a former judge and chief sional ethics process. progress in the House. justice, I am still in the process of In conclusion, God bless our troops. My constituents want to know why making assessments. When I hear alle- We will never forget September the 11. the so-called progressive party opposes gations for or against either side, I am f legislation to create jobs, to lower the looking to figure out, is there evidence cost of health care, to secure our bor- to support or dispel the allegations. SUPPORT FOR THE MAJORITY ders, to fortify our military and to In this case, the allegations about LEADER strengthen Social Security for future the rules changes, you have to take a (Mr. SHUSTER asked and was given generations. And now my constituents look at. In the first place, there have permission to address the House for 1 want to know why the liberal Demo- been ethical allegations made about minute.) crats will not let the majority leader the majority leader, Mr. DELAY, and Mr. SHUSTER. Mr. Speaker, we are appear before the ethics committee to the complaint about the rules changes. now 4 months into the 109th Congress clear his name. Well, we look at the rules. First of and Republicans have passed bank- It appears to my constituents that all, allowing someone to know what ruptcy reform, repealed the death tax, the liberals are afraid the majority they are charged with in advance adjusted class action lawsuits to help leader, a man who does not stand in seems pretty reasonable. Allowing victims, enacted border security to violation of any law, will clear his someone to hire their own attorney keep out terrorists, passed a budget name. And then what happens? The mi- sounds pretty reasonable. Going from and wartime funding, strengthened job nority leader and her followers will 90 days to 45 days seemed a little short, training for millions and passed the have to explain why they wasted Amer- and then we hear Chairman HASTINGS highway bill. Meanwhile, the House ica’s time assassinating the character say, We will go and I will give you an Democrats have not proposed an agen- of the majority leader rather than automatic extension back to 90. da, but instead have remained nega- working in Congress to help our coun- You look at the evidence, the fact tive, obstructive and focused on par- try. that there was a RICO lawsuit filed tisan attacks. I think the answer is already clear. against the majority leader that was I rise today to support the majority f dismissed with prejudice because there leader, the gentleman from Texas (Mr. was nothing there, you have a DA that DELAY), not because he has proven to SUPPORT FOR THE MAJORITY has been trying to indict him for years be an effective leader, but because he LEADER unsuccessfully. has been a victim of political game- (Mr. PRICE of Georgia asked and was There is an old saying, Mr. Speaker, playing and a relentless media, a media given permission to address the House justice delayed is justice denied. It ap- not focused on policies that have for 1 minute.) pears now that this is all about deny- helped millions of Americans lead bet- Mr. PRICE of Georgia. Mr. Speaker, ing justice to DELAY. ter lives, but instead focused on tabloid for the last 6 weeks, Democratic lead- f attacks on our leader. ers have been speaking out of both Time and time again, the gentleman SUPPORT FOR THE MAJORITY sides of their mouths. They have lev- from Texas (Mr. DELAY) has requested LEADER eled charges against the majority lead- to appear in front of the ethics com- er, yet at the same time they will not (Mr. WILSON of South Carolina mittee. He has requested this oppor- allow the ethics committee to convene asked and was given permission to ad- tunity to prove his innocence and put and explore the facts. If they are seri- dress the House for 1 minute and to re- an end to these meritless accusations, ous about our ethics process in this in- vise and extend his remarks.) accusations that are based upon noth- stitution, why will they not let the Mr. WILSON of South Carolina. Mr. ing but pure partisan rhetoric. ethics committee organize so that it Speaker, for the past 6 weeks Demo- Democrats’ attack on the Republican can conduct its business? crats have attacked the character, majority leader is nothing but a co- Time and time again the ethics com- leadership and intentions of the major- ordinated agenda to stop an effective mittee chairman has offered to end the ity leader, the gentleman from Texas leader from accomplishing the people’s Democratic logjam. This is the same (Mr. DELAY). business. old, tired, petty, partisan politics of Although Democrats continue to Ethics is an issue that should not be the past. A Democrat leader is quoted smear the gentleman from Texas (Mr. taken lightly. The committee in Con- as saying this issue will cost Repub- DELAY), they forget that they are re- gress should not be used as a partisan lican seats in next year’s election, sponsible for preventing the ethics tool. We need to get back to debating petty, partisan politics. committee from investigating the the principles to make America a bet- There is only one conclusion that can charges directed at the gentleman from ter place. be drawn from the activities of the Texas (Mr. DELAY). f Democrat leaders, they would rather Since the beginning of the 109th Con- have an issue than a solution. It is sad gress, House Democrats have refused to IN SUPPORT OF THE MAJORITY and it is cynical. allow the ethics committee to meet to LEADER Mr. Speaker, House Republicans are address this issue. Four ethics com- (Mr. HERGER asked and was given committed to an open, fair and expe- mittee Republicans have pledged that permission to address the House for 1 dient ethics process and are willing to as soon as the Democrats permit the minute.) work with Democrats productively. I ethics committee to function again, Mr. HERGER. Mr. Speaker, I want to challenge all Members of this body to they will vote to form an investigative commend my friend from Washington, ask their leaders to act responsibly. subcommittee to review various allega- and the gentleman from Washington

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2452 CONGRESSIONAL RECORD — HOUSE April 21, 2005 (Mr. HASTINGS) the chairman of the reputable scientist knows are contrib- Even as we have driven up the finan- ethics committee, for his efforts to re- uting to global warming. cial burden on our children through solve the regrettable impasse that has We cannot drill our way to energy reckless fiscal policies, we are imper- prevented the committee from orga- independence. We cannot burn our way iling their very existence through will- nizing. He has made a thoughtful and to a cleaner environment. We cannot ful neglect of our responsibilities to good-faith attempt to clear up any mis- go on behaving as if time and resources the environment. I can only hope that understanding and resolve any per- are on our side. we will not have to tell our grand- ceived concerns. Rather than making America more children, to paraphrase the words of But this was rejected out of hand by secure, the energy bill does the oppo- Kurt Vonnegut, We could have saved our friends on the other side of the site. Both economically and in terms of the Earth, but we were too darned aisle. Why? Because their concerns are our national security, the policies en- cheap. shrined in this bill will make us pro- neither real nor substantive. They f want the committee to be in limbo. foundly weaker. AUTHORIZING THE CLERK TO They are creating an issue for political In doing so, we have shied away from MAKE CORRECTIONS IN THE EN- purposes without any positive ideas the challenge of developing new ways GROSSMENT OF H.R. 6, ENERGY about how to resolve the very serious of powering our lives by unleashing the POLICY ACT OF 2005 challenges facing our Nation. Nega- driving force behind America economic tivity and political attacks are their competitiveness, technological innova- Mr. JONES of North Carolina. Mr. only strategy. tion mixed with entrepreneurship. Speaker, I ask unanimous consent that Mr. Speaker, this is wrong. Let us b 1700 in the engrossment of the bill, H.R. 6, move forward constructively and stop And while America sits on the side- the Clerk be authorized to correct sec- abusing our ethics process for purely lines, our competitors in Europe and tion numbers, punctuation, and cross- political gain. Asia are developing technologies that references and to make such other f will enable them to reduce fuel con- technical and conforming changes as may be necessary to reflect the actions SPECIAL ORDERS sumption and lower emissions of green- house gases. Rather than American en- of the House. The SPEAKER pro tempore. Under trepreneurs driving these changes, it is The SPEAKER pro tempore (Mr. the Speaker’s announced policy of Jan- our competitors who prosper. SCHWARZ of Michigan). Is there objec- uary 4, 2005, and under a previous order In just one graphic example, there tion to the request of the gentleman of the House, the following Members are 6-month waiting lists to buy Japa- from North Carolina? will be recognized for 5 minutes each. nese hybrids while American car mak- There was no objection. f ers fall further and further behind. f REMEMBERING EARTH DAY In addition to environmental and The SPEAKER pro tempore. Under a economic considerations, there are previous order of the House, the gen- The SPEAKER pro tempore. Under a equally compelling national security tleman from Indiana (Mr. BURTON) is previous order of the House, the gen- reasons to confront the scarcity and recognized for 5 minutes. tleman from California (Mr. SCHIFF) is costs of oil, the challenge of global (Mr. BURTON of Indiana addressed recognized for 5 minutes. warming and environmental degrada- the House. His remarks will appear Mr. SCHIFF. Mr. Speaker, tomorrow tion. Imagine the increased strength, hereafter in the Extensions of Re- is the 35th anniversary of the first independence, and security that would marks.) Earth Day, which is considered the come to an America that could tell the f birth of the modern environmental oil-producing nations, we do not need movement in this country. In the 31⁄2 your oil, we do not want your oil, we EXCHANGE OF SPECIAL ORDER decades since, it was first celebrated in can do better. And imagine the risk to TIME 1970, Earth Day has become a day for America if we negligent the sobering Mr. JONES of North Carolina. Mr. reflection, a day for education, and a evidence of global warming. Speaker, I ask unanimous consent to day for action. It provides an annual Last year the Pentagon’s Office of claim the time of the gentleman from benchmark by which we can measure Net Assessment issued a report on the Indiana (Mr. BURTON). our progress as stewards of our planet. national security aspects of climate The SPEAKER pro tempore. Is there That stewardship is about more than change. The report evaluated one sce- objection to the request of the gen- preserving pristine wilderness and en- nario in which the Earth’s climate rose tleman from North Carolina? dangered species. Our economic and na- by 5 degrees in North America over a There was no objection. tional security are also at stake. The 15-year period between 2005 and 2020. f biggest impediment to sound environ- The consequences of such a rapid tem- mental policies in the United States perature increase were myriad and cat- IN SUPPORT OF LT. ILARIO comes from those who see astrophic: drought, fire, storms and sea PANTANO environmentalism as competing with levels that rose around the world, The SPEAKER pro tempore. Under a our economic prosperity and our na- flooding heavily populated coastal re- previous order of the House, the gen- tional security. gions. tleman from North Carolina (Mr. The energy bill that was just consid- Unfortunately, the administration JONES) is recognized for 5 minutes. ered by the House was advertised by its has failed to provide leadership or vi- Mr. JONES of North Carolina. Mr. supporters as providing security for sion on this issue. Senior level posi- Speaker, I have spoken at length on America by reducing our dependence tions at the National Security Council the floor about Second Lt. Ilario on foreign sources of fossil fuels. It and in the Department of Defense deal- Pantano, a Marine who served this Na- does this through $8 billion in tax ing with the security threat of environ- tion bravely in both gulf wars. breaks to encourage domestic produc- mental degradation have been down- During his service in Iraq last year, tion. graded or eliminated. From the Presi- Lt. Pantano was faced with a very dif- Unfortunately, 95 percent of the tax dent on down, this administration has ficult decision that caused him to subsidies benefit the oil, gas, coal and had a contempt for science that is at make a split-second decision to defend nuclear industries, while only 5 percent odds with its policy or belief. his life. He felt threatened by the ac- are directed towards wind, solar and Now, Mr. Speaker, at a time when tions of two insurgents under his other renewable sources. In my opin- this Nation should be marshaling its watch, and in an act of self-defense he ion, the energy bill is a short-sighted talents and resources for a new Man- had to resort to force. Two and a half response to two of the central strategic hattan Project to make practical solar, months later, a sergeant under his challenges confronting our country, be- wind, and wave energy, we have instead command who never even saw the ginning the transition to a post-fossil- opted to subsidize the extraction of shooting accused him of murder. Lt. fuel economy and reducing the emis- every last barrel of oil and ton of coal Pantano now faces two counts of mur- sion of greenhouse gases that every that we can get our hands on. der.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2453 Mr. Speaker, what is happening to SMART ENERGY POLICIES, Already more than 1,500 American this young man is an injustice. Lt. NATIONAL SECURITY, AND IRAQ soldiers and tens of thousands of Iraqi Pantano has served this Nation in The SPEAKER pro tempore. Under a civilians have been killed in this war, great honor. My personal experiences previous order of the House, the gentle- not to mention the more than 12,000 with him and his family convince me woman from California (Ms. WOOLSEY) troops who have been gravely wounded. that he is a dedicated family man and is recognized for 5 minutes. Hardly the stuff of a national security. a man who loves his corps and his Ms. WOOLSEY. Mr. Speaker, H.R. 6, Let us never forget that the invasion country; but I am not the only one who which the House passed earlier today, of Iraq was a war of choice against a believes he is innocent. is called the Energy Policy Act of 2005. country that never posed a threat to But the only real policies to be found the United States and never possessed I have read excerpts of pieces from relationships with international ter- the Washington Times and respected in this immoral legislation are tax breaks for polluters, swollen gasoline rorist groups like al Qaeda. journalist Mona Charen defending Lt. President Bush claims that things Pantano. I have received letters and e- prices, and continued reliance on fossil fuels of the past. This legislation fails are going well in Iraq, demonstrated by mails from Vietnam veterans who sym- to even mention climate change or the fact that 150,000 Iraqi soldiers pathize with him and ask that I do global warming which scientists of all ‘‘have been adequately trained.’’ But if something to help him. They know stripes acknowledge is caused at least 150,000 Iraqi soldiers have been trained, what it is like to be in a battle with an in part by high levels of carbon dioxide then why do 150,000 American soldiers unconventional enemy. One second can emissions from automobiles. remain in the country? Why do our make the difference between life and It fails to correct the matter of troops continue to die for a war that death. MTBE, a gasoline additive that has was a mistake from the very begin- I have read excerpts from his fitness leaked into the Earth and tarnished ning? report in which his superiors praise his our drinking water, except, however, to If President Bush continues to sup- leadership and talent. In that report, waive liabilities for MTBE providers. port a misguided war that is draining his superior officer evaluated ‘‘accom- Most significant of all, Mr. Speaker, our national resources, and if the Re- plished infantry leader. His actions this legislation fails to truly address publicans will not work to reduce our during the fighting in Fallujah and Al America’s reliance on Middle East oil. dependence on foreign oil, how can Zaidon highlighted a solid under- Of the 21 million barrels consumed by they possibly claim to be securing standing of tactics and ability to an- the United States each day, 14 million America against the threat of ter- ticipate the enemy. Leads from the barrels are imported, making Middle rorism? Clearly, much more needs to be front always and balances his aggres- East oil the United States’ main source done to make America secure. Mr. Speaker, I will soon reintroduce sive style with true concern for the of energy. Much of this oil is imported the SMART Security resolution, legis- welfare of his Marines. Exceptional from countries that do not share Amer- lation to secure America for the future communication skills for a Second Lt. ica’s commitment to democracy and by preventing the threat of terrorism; Organized, aggressive, focused and our commitment to human rights, countries like Saudi Arabia, Libya, and reducing nuclear stock piles; elimi- driven. Ready for increased responsi- nating the possible use of nuclear bility. Retain, promote, and assign to Venezuela. It is obvious in this energy bill that weapons through diplomatic means; challenging assignments.’’ those who claim that drilling in the and establishing a new Apollo Project Mr. Speaker, that came 2 months Arctic National Wildlife Refuge in to secure America’s energy independ- after the sergeant reported him for Alaska will cure our Nation’s energy ence. murder. policy do not know much about how oil I urge my colleagues on both sides of Mr. Speaker, Lt. Pantano by all ac- is produced. Drilling in ANWR will do the aisle to join me in this effort to counts is an exceptional Marine. On little to reduce our current dependence truly secure America for the future. Monday, April 25, there will be an Arti- on foreign oil because it will take a full f cle 32 hearing to determine whether or decade to process what little oil may The SPEAKER pro tempore. Under a not Lt. Pantano will face a court-mar- be there in the first place. That does previous order of the House, the gen- shal for a murder trial. If convicted by not sound like a comprehensive energy tleman from Maryland (Mr. CUMMINGS) a court-marshal, Lt. Pantano can be strategy to me. is recognized for 5 minutes. subject to the death penalty for an ac- By continuing to purchase Middle (Mr. CUMMINGS addressed the tion he took in self-defense on the bat- East oil by the boatload, we are failing House. His remarks will appear here- to take advantage of life-changing re- tlefield. after in the Extensions of Remarks.) newable energy technologies while con- f I hope and pray, Mr. Speaker, that on tinuing to promote our national inse- Monday Lt. Pantano will be cleared of curity by providing billions of dollars EXCHANGE OF SPECIAL ORDER all charges because I am confident that each year to repressive regimes. TIME he did his duty as any Marine officer The oil dollars that go to oppressive Mr. DEFAZIO. Mr. Speaker, I ask should when faced with the enemy. Middle East regimes do not, of course, unanimous consent to claim the time Mr. Speaker, I have introduced House help the poor people in these countries. of the gentleman from Maryland (Mr. Resolution 167 to support Lt. Pantano Instead, they line the already thick CUMMINGS). as he faces trial. I hope that my col- pockets of the fat-cat ruling elite. In The SPEAKER pro tempore. Is there leagues in the House will take some this way, U.S. policies actually dis- objection to the request of the gen- time to read my resolution and look courage democracy in the Middle East tleman from Oregon? into this situation for themselves. Lt. because we continue to help maintain There was no objection. Pantano’s mother, a wonderful lady the economic gap between the rich and f whom I have spoken to by telephone on the poor. In truth, this failure to reduce our SERIOUS ENERGY PROBLEMS several occasions, also has a Web site dependence on Middle East oil along The SPEAKER pro tempore. Under a that I encourage people to visit. The with President Bush’s supremely mis- previous order of the House, the gen- address is www.defendthedefenders.org. guided invasion of Iraq have combined tleman from Oregon (Mr. DEFAZIO) is Mr. Speaker, I close by asking the to make Americans less secure, not recognized for 5 minutes. Good Lord to please bless our men and more secure. Mr. DEFAZIO. Mr. Speaker, well, women in uniform and their families The Bush administration has falsely America has a serious problem with en- and to please be with Lt. Pantano on labeled the war in Iraq, much like the ergy prices. If you just peruse today’s Monday, April 25 and may he be exon- latest energy bill, as the essence of pro- Wall Street Journal and New York erated of these charges for doing his tecting our national security, when in Times, you will see the airlines are re- duty to protect America. God bless him fact both contribute to our lack of se- porting record losses in great part de- and God bless America. curity. spite efficiencies, despite concessions

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2454 CONGRESSIONAL RECORD — HOUSE April 21, 2005 by labor because of an increase in fuel ergy efficiency. It spends 20 times as Now, I am going to tell my col- prices. You see that General Motors much money subsidizing the oil, coal leagues, Mr. Speaker, the rest of the has had a huge drop-off in the purchase and gas industry. Wait a minute, were story and why this day is so important of their lucrative SUVs and other larg- we not just talking about the fact they to Texas. er vehicles that consume more gas, had record profits last quarter? Yes, Less than 60 days after the fall of the Ford similarly. they do have record profits and they Alamo, on this day years ago, an 18- We find this in small businesses are extracting that from American minute battle took place on the murky across America; it has been embedded consumers, but they want their hands banks of the San Jacinto River where in everything. And now we are begin- in both pockets. They do not want to it meets Buffalo Bayou in southeast ning to hear that there are stirrings of just take money out of your wallet, Texas. History forever changed. Texas’ inflation beyond the price of oil and they want to take money from tax- independence from Mexico was secured, gas. This is a serious problem; and, un- payers, too. and Texas became a country for 9 fortunately, this body, the House of So there is $8 billion in this bill, sup- years. Representatives, to its discredit did posedly to help with energy problems. After the Alamo fell, the Texas army not adopt a serious or effective pro- Unfortunately, 95 percent of it is sub- moved rapidly east, being chased by posal to begin to address this problem sidies to the wildly profitable oil, coal three invading armies from Mexico. in either the short or the long term. and gas industry, which will provide no The Texans had been joined by settlers Short term, American consumers help to American consumers; and a fleeing the advance of the tyrant Santa need relief from high gas prices. They mere 5 percent is a nod toward the idea Anna, who was burning Texas settle- are being gouged at the pump by Big perhaps America could develop new ments. The armies reached a marshy Oil and the OPEC cartel. sources of energy, perhaps America lowland where General Sam Houston Now, I have asked President Bush nu- could become more efficient, perhaps decided it was time to turn and fight merous times, written to him and America could become energy inde- the enemy. asked him, he is a big fan of rule of pendent, but that is only worth 5 per- In a letter Sam Houston wrote to a law, international trade agreements, cent of what they are putting into the friend on the morning of April 19, he the WTO, all of those things. I am not bill. said, ‘‘The odds are greatly against us, a big fan. But he says he believes in Just think what it would be like to but the troops are in fine spirits and rules-based trade. have an energy-independent America now is the time for action. We go to Well, the OPEC cartel is violating relying upon homegrown sources of en- conquer’’ for Texas and they did. the rules of the World Trade Organiza- ergy and new technologies and new ef- Most battles, Mr. Speaker, in our his- tory start at sunrise, but the Texans tion. Seven of the OPEC nations are ficiencies, and how that would insulate were not waiting for another day. So members. They are clearly colluding to us from these problems around the General Sam’s army of frontiersmen, restrict production and drive up the world. But that is not a vision that is shopkeepers, lawyers, ranchers and price of oil to make a profit. That is shared by my colleagues on the other former slaves, all volunteers, in var- clearly prohibited by the WTO. But the side of the aisle. They have delivered ious types of odd attire, began mus- President and his trade representative us today something that would not tering at high noon. They did not look have failed to take any action against have been a very enlightened energy like an army, but they all had the bold- the OPEC companies. policy in 1955, but is just pathetic in Then we have price gouging by Big ness and bravery and brazen courage to the 21st century, considering the Oil. Last quarter saw record profits for fight for Texas and for freedom. threats to our economy and to our na- most of the industry, $8 billion in one The Battle of San Jacinto started at tional security. 4 o’clock on the afternoon of April 21, quarter for Exxon Mobile. Their cash Unfortunately, they prevailed today, reserves have doubled to over $20 bil- 1836. The Texan army consisted of ap- but hopefully, in the future, we can do proximately 800 volunteers under the lion in 1 year, money extracted from better by the American people. Americans 5 cents a gallon at a time or command of General Sam Houston. The more at the pump by piggybacking on f Mexican army consisted of approxi- the cartel activities of OPEC, and Big The SPEAKER pro tempore (Mr. mately 2,000 professional, experienced Oil is getting away with it. SCHWARZ of Michigan). Under a pre- soldiers under the command of Mexi- This administration is not doing any- vious order of the House, the gen- can President and General Antonio thing to rein in Big Oil. They merge, tleman from Minnesota (Mr. GUT- Lopez de Santa Anna. Santa Anna’s close refineries, and then blame a KNECHT) is recognized for 5 minutes. army of hardened veterans had not yet shortage of refineries on environmental (Mr. GUTKNECHT addressed the been defeated in battle and even a few laws when they have been closed be- House. His remarks will appear here- years before had defeated the French cause of mergers to drive up the profits after in the Extensions of Remarks.) invasion of Mexico. of the oil industry. f The battle began when the Texans, We should reinstate a windfall profit The SPEAKER pro tempore. Under a advancing in a single column, attacked tax on the industry. We should break previous order of the House, the gen- the Mexican camp. They were fatigued, up a number of these huge companies tleman from Ohio (Mr. BROWN) is rec- they were filthy, famished and fuming, and begin to get some true competition ognized for 5 minutes. but Houston was mounted on his white again in that industry. (Mr. BROWN of Ohio addressed the stallion leading the army. Armed with House. His remarks will appear here- tomahawks, Bowie knives and long ri- b 1715 after in the Extensions of Remarks.) fles, they went forward across the open We cannot continue to bleed this f marshy plain of southeast Texas. A much money. Every day, Americans Georgian Huguenot, a Kentucky colo- are bleeding money at the pump, which COMMEMORATING THE BATTLE OF nel, and a Scotch-Irishman from Ten- is ultimately going to spill over into a SAN JACINTO nessee led the march across the tall tremendous problem for our economy, The SPEAKER pro tempore. Under a grass and down upon a Mexican camp especially if we look at the failing previous order of the House, the gen- engaged in their afternoon siestas. trade policies of this administration. tleman from Texas (Mr. POE) is recog- The pace was set by two unlikely Then there is energy efficiency, new nized for 5 minutes. characters that played field music as technologies, energy independence. Mr. POE. Mr. Speaker, today I rise to they marched. There was a German These are things that seem very for- commemorate an historical event in named Frederick Lemsky on the fife eign to my colleagues on the other side the Lone Star State’s grand, glorious and a free black that, by all accounts, of the aisle and to the old oil men who heritage. On March 2, 1836, Texas de- his name was Dick the Drummer. Two are running this country down at the clared independence from the dictator- other musicians volunteered, but none White House and at an undisclosed lo- ship of Mexico. On March 6, the Alamo of the foursome knew any marching cation. fell with the loss of 187 defenders, all music. They were only familiar with Energy efficiency, this bill makes volunteers, William Barrett Travis, the popular music of the day. There- sort of a passing chuckle and nod at en- Davy Crockett, and Jim Bowie. fore, Sam Houston, with a smile, had

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2455 the foursome play ‘‘Come to the When Sam Houston died some years Actually, the District of Columbia Bower,’’ a bawdy-house love song re- later, his last words were ‘‘Texas, public schools look a lot like every big garded as quite risque at the time. As Texas.’’ And Mr. Speaker, the rest, public school, except the Members of the soldiers marched on to victory, they say, is Texas history. Congress see this one up close. We are they carried their banner, a flag of f very pleased to have a new super- Miss Liberty consisting of a partially intendent, Mr. Janey, who is in the JASON KAMRAS, NATIONAL clad female proclaiming freedom. process of restructuring our public TEACHER OF THE YEAR The enemy was caught by a stunning schools, but of course, the most basic surprise. The battle lasted 18 minutes, The SPEAKER pro tempore. Under a restructuring of schools has to do, but the Mexican defeat was dev- previous order of the House, the gentle- first, with the children in those astating. Only nine Texans were killed woman from the District of Columbia schools, how the schools are restruc- or mortally wounded. Six hundred thir- (Ms. NORTON) is recognized for 5 min- tured so that they are child-oriented ty Mexican soldiers were killed, and utes. and how are they restructured so as to the number of Mexican soldiers taken Ms. NORTON. Mr. Speaker, I come to understand the most important adult prisoner exceeded the entire number of the House for a joyful moment. in each child’s life during the school the Texas army. On the front page of the Washington day is the teacher. Somehow or the The battle cries of ‘‘Remember the Post today is a very large picture of other this young man, fresh out of col- Alamo’’ and ‘‘Remember Goliad’’ were children of the District of Columbia lege, understood that. the soldiers’ calls for vengeance. This and one of their teachers, who was en- He works from 7:00 a.m. to 7:00 p.m. was a soldiers’ battle, and they had tertained yesterday by President Bush according to his principal. My mother scores to settle because they had lost at the White House to celebrate the was a schoolteacher, so I want to say brothers and friends at the Alamo and fact that he has been named Teacher of that those long hours are fairly typical Goliad. the Year, the oldest and most pres- of how teachers operate. They do not The heroes of the battle of San tigious award for teachers in our coun- do it at school. They are working that Jacinto were a diverse mix. The young- try. hard because of the hours they put in est soldier at San Jacinto was Elijah This is a young man who teaches at at home in preparing to teach. Votaw, a 15-year-old that had been in Sousa Junior High School in Wash- But for Mr. Kamras, teaching in a big Texas for about a year. The oldest was ington, D.C. Jason Kamras is his name. city school system was much more dif- Asa Mitchell, a 60-year-old who had He is a math teacher who graduated ficult than it was for my mother when been in Texas for about 14 years. from Princeton University. What does she taught when I was a child because Captain Juan Seguin headed a unit of he think to do with his life? Come to about two dozen Tejanos, people of His- of the concentration of poverty in big the District of Columbia to teach dis- cities today. This city was a much panic descent born in Texas, who advantaged children in our elementary fought in Houston’s army and wore larger city, 200,000 people more than it and middle schools. has today, and it was far more mixed pieces of cardboard in their hatbands He began teaching in 1996. He took 2 so fellow soldiers would not mistake economically. Then, of course, people years out because he thought he ought began to move to larger quarters in the them for the enemy. to go and get an education degree, and If we want to credit the most un- suburbs leaving concentrations of pov- he went and got a master’s degree in likely of heroes, we have to acknowl- erty here. We have lots of middle-class education, but came right back to the edge the Yellow Rose of Texas, Emily people in the District, I am pleased to District of Columbia to teach math at Morgan. Legend has it that Emily Mor- say, but we have large concentrations Sousa. gan, the young, beautiful, racially of poverty, and this is reflected in the Typical of the way this young man mixed housekeeper who had been cap- scores. approached his job is the student he tured earlier by Mexican forces, is said The fact that Jason Kamras was able first met when he was in middle school to have been lingering with Santa not only to reach the children, but to at Sousa. His name was Wendell Jeffer- Anna in his tent, causing him to be un- reach the measurement, which I think son. He said, Wendell, you keep trying; prepared for the Texans’ attack. Later is the right measurement; there is no you will do well. Wendell Jefferson Santa Anna, when he was captured, way to get around the fact that test went on to high school. When he got to was found hiding in a well. scores are the only way to know for The battle of San Jacinto avenged high school, no longer under the care of sure that children are progressing. I the massacre of Texan soldiers at the Mr. Kamras, Mr. Kamras tutored him wish there were a better way. I wish Alamo and the murder of hundreds of in math. Wendell Jefferson is now there were a more objective way, but Texans taken prisoner at Goliad and studying electrical engineering at that is it. Morehouse College. gave Texas its independence from Mex- b 1730 ico. This story is perhaps emblematic of Texas claimed the entire area from the way this young man approaches This teacher has somehow made the Gulf of Mexico all the way to Can- teaching. He lobbied his principal for these test scores go up. ada, including not only the State of double the time for students in math, Mr. Speaker, I do want to quote Texas, but New Mexico, Oklahoma, with two teachers for each student. He something that he said, because it tells Kansas, Colorado and Wyoming. redesigned the curriculum using tech- something of his world view. He said, So General Sam Houston, his boys nologies so as to adjust the curriculum ‘‘My intense desire to see my school took the day, and they defeated the in- to all learning styles. He took to heart excel comes not only from an unwaver- vaders and proclaimed to all, ‘‘Don’t this notion that every child can learn, ing belief that all students deserve an mess with Texas.’’ those words which have become such a excellent education, but also the Mr. Speaker, every year a local radio cliche, a cliche because we all know unique role Sousa played in the civil station, KILT, with its morning crew them to be true, but we do not know al- rights movement.’’ of Hudson and Harrigan and top news- ways how to unlock what makes them This young man’s world view gives man in America, Robert McEntire, true. him a sense that justice in the class- honor this day by playing a recording In his first year, using his new cur- room must be done because he believes of a bunch of third graders from riculum, these children went from 80 in justice in our country for African Tomball, Texas, singing the State percent below basic to 40 percent below Americans, and he has brought it to song, ‘‘Texas, our Texas,’’ with an old, basic. Something happened to almost bear right here in the public schools of out-of-tune piano. It is because of the 40 percent of them when they got a the District of Columbia. Battle of San Jacinto, Mr. Speaker, all teacher who homed in on their indi- I know you would want to, Mr. Texans can sing along with pride, ‘‘God vidual needs. Now, we are talking Speaker, congratulate him; I know this bless you, Texas, and keep you brave about a school where all but 40 of about House would want to congratulate him. and strong, that you may grow in 380 students qualify for the reduced We take great pride in his achievement power and worth throughout the ages price lunch. It tells us something of the today, and we thank the President of long.’’ poverty level of the students. the United States for honoring him.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2456 CONGRESSIONAL RECORD — HOUSE April 21, 2005 Mr. Speaker, I include for the view this week. ‘‘Some students here have vious order of the House, the gen- RECORD the article I referred to earlier encountered violence personally.’’ tleman from Florida (Mr. FOLEY) is in my remarks: But from the start, he said, he was deter- recognized for 5 minutes. mined to ‘‘never use the negative factors as Mr. FOLEY. Mr. Speaker, I read with [From the Washington Post] predictors of ability or potential.’’ A D.C. TEACHER’S DAY IN THE ROSE GARDEN During his first year of teaching, Kamras horror, outrage, and disgust the news MATH INNOVATOR IS FIRST FROM CITY TO BE said, he sought to get to ‘‘know the students accounts of the death of Jesse Lunsford DECLARED BEST IN NATION as individuals, taking the time to learn who in Florida. Little 9-year-old Jesse (By Manny Fernandez and V. Dion Haynes) they are, what they care about, what their Lunsford was buried alive in garbage needs are as learners.’’ The sixth-graders were hunched over their bags at the hands of a sick, depraved, Kamras made bridging the inequities in and despicable John Evander Cooey, a desks behind the metal-screened windows of staffing and other resources between urban the middle school—still digesting the dif- convicted sex offender who has admit- and suburban schools a priority. He got cre- ted to raping and killing God’s little ference between similes and metaphors—as ative. He brought a cookie with colorful the limousine carrying their school’s best frosting to class to illustrate circumference, angel, 9-year-old Jesse. teacher pulled up to the northwest gate of diameter and radius. He took his students to I am more than troubled by this and the White House yesterday. outings at the Lincoln and Jefferson memo- other murders, including the death of Welcomed at the gate, Jason Kamras made rials and made time after school to encour- Sarah Lunde, a 13-year-old, again in his way up the driveway flanked with red tu- age their hobbies. He encouraged his stu- Florida, killed by David Ostott; David lips and walked into a limelight that falls dents to take photographs of community sparingly on the weathered urban school Ostott being another convicted rapist, life, and their prints were put on display in where he has taught math for close to a dec- a violent rapist convicted in 1997 for city offices at Judiciary Square and other ade. violently raping a woman and walking places in the city. ‘‘My children simply want the opportunity And he played chess with student Wendall the streets in Florida a few short years to pursue their dreams,’’ Kamras said as he Jefferson once a week. ‘‘He would routinely later. stood in the Rose Garden beside the presi- defeat me, and I was trying my hardest,’’ What is wrong with our system? We dent and first lady. Kamras said. made a Federal case out of Martha The ceremony recognized Kamras, 31, as During those games he learned about the Stewart recently, and we have ankle the National Teacher of the Year. He is the student and his family, and he sought to in- first winner from a D.C. public school in the bracelets on Martha Stewart’s legs as spire him to ‘‘focus in class and tap into the contest’s 53-year history. she goes around her $20 million man- fullness of his potential.’’ ‘‘He’s usually at work at 7 a.m., and he sion in upstate New York. Hardly, ‘‘I think I was learning as a first year rarely leaves before 7 p.m.,’’ President Bush teacher how to engage students and bring hardly a threat to anyone in society. said as bright sunshine streamed down on their natural love . . . for their hobbies into But David Ostott, a convicted rapist, those who gathered for the event. Kamras re- the classroom,’’ Kamras recalled. ‘‘I wanted and John Cooey, a convicted sex of- ceives great joy, Bush told them, ‘‘when a to use that as a catalyst.’’ fender, are free to roam the commu- student proclaims, ‘Mr. Kamras, I get it.’’’ Jefferson graduated from Sousa in 1999 as nities in which our families live and Kamras smiled. valedictorian, and Kamras regularly tutored At that moment—six miles and a world who are subjected to the violence and him in math and science when he went on to away—students in Room 120 at John Philip demonic and desperate behavior of high school. Now Jefferson is studying elec- Sousa Middle School had their rulers out, these perverted and sick individuals. trical engineering at Morehouse College in drawing rectangles, some of them quiet and The tragedies that have happened in Atlanta. He is the first in his family to go to studious, others loud and distracted. college. Florida recently are inexcusable. The Sousa sits at the edge of a park east of the ‘‘He said, ‘Wendall, you have great poten- fact that families have to be frightened Anacostia River, on the poorer side of Wash- tial,’’’ recalled Jefferson, 20, who attended is a sad commentary on our system. I ington’s dividing line between the haves and the Rose Garden ceremony yesterday. ‘‘I must tell you, Mr. Speaker, I am abso- the have-nots. said, ‘I’m destined to do great things.’ He With its tall chimney, the 50-year-old, red- lutely determined to change the fate of said, ‘Always keep that dream.’’’ brick building looks more like a factory the laws of this Nation. As cochairman Kamras began ‘‘early bird’’ advanced math with my good friend, the gentleman than a school. classes before the regular school day began, The white flag pole has no flag, and a sign working to prepare students for the stand- from Alabama (Mr. CRAMER), of the near the entrance declares that firearms are ardized test known as the Stanford 9. Congressional Missing and Exploited banned within 500 feet. Two women were He also came up with an idea that doubled Children’s Caucus, we are working and shot to death down the street several years the amount of math instruction by providing have been working for some time on a ago, and the metal detector that students two teachers—teaching separate classes—for fundamental rewrite of the laws gov- walk through each morning has turned up every student. The program was started for erning the way we conduct both inves- several knives. seventh-graders and then expanded to other All but 40 of the roughly 380 students qual- tigations, hopefully sentencing, as well grades. as registries to try to make these ify for a free or reduced-price lunch, a com- ‘‘Our Stanford 9 scores went from approxi- monly used indicator of poverty. A year ago, mately 80 percent below basic to 40 percent issues and these systems more effective 46 percent of the students scored ‘‘below below basic in one year,’’ he said. for our constituents and for our com- basic’’ on reading tests, and 73 percent Though the program continues in other munities. scored below basic in math. grades, it was discontinued for seventh-grad- We have to get a handle on and our Kamras said he doesn’t dwell on the nega- ers because there weren’t enough qualified hands around this significant problem. tive. His focus is on the faces in his class- teachers. We cannot allow another life to be room. Kamras said he steadfastly refused to let ‘‘They inspire me every day with their in- wasted in such a vicious and malicious ‘‘negative factors shape my perspective.’’ fashion, buried like garbage. We treat telligence, creativity and humor,’’ he said in At the White House, Kamras, who with his the Rose Garden yesterday. Teachers ‘‘can boyish looks could have been mistaken for a our pets better. We have had foster and do make a dramatic difference in their student all dressed up, heard Bush say, kids abused, we have had problems rife lives every day.’’ ‘‘Your students are fortunate to have you in throughout the system, and it has to He was fresh out of Princeton almost nine their lives.’’ stop. years ago, and the middle school was show- He shook hands with Bush and—holding his I am encouraged that so many in ing signs of age, when he first laid eyes on it. teaching award, a glass apple on a plaque— Congress and so many in the State leg- Sousa’s principal, William Lipscomb, had posed for photos with the president and first islatures who have heard these dra- fetched him from the Minnesota Avenue lady Laura Bush. Metro station in Northeast, and the two men matic cases are working aggressively Next year, he plans to travel the country to try to change the laws and to immediately found common ground. to promote innovative teaching techniques. ‘‘We both are from New York and we in- He’s taking today and tomorrow off. But he strengthen the laws. We have to do stantly bonded on that,’’ Kamras said. plans on being back in the classroom, as more. We can do more. We can do bet- Two sixth-grade teachers, Carol Taylor and usual, first thing Monday morning. ter. I am embarrassed beyond belief Elaine Stewart, supplied Kamras with con- that these type of people could be wan- struction paper for his classroom and a bit of f an introduction to the school. dering the streets. TRAGEDIES IN FLORIDA REQUIRE There is a 90 percent likelihood of re- ‘‘Some of the things they raised were the STRENGTHENING OF LAWS lack of resources. They talked about the so- cidivism for sexual crimes against chil- cioeconomic challenges that some students The SPEAKER pro tempore (Mr. dren. Ninety percent. That is the at Sousa face,’’ Kamras recalled in an inter- SCHWARZ of Michigan). Under a pre- standard. That is their record. That is

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2457 the likelihood. Ninety percent. Yet we My friends, make no mistake, if we The great Chicago songwriter Steve say that the prisons are too crowded ratify this agreement there will be no Goodman put it this way in a tribute and we probably have to let these peo- jobs left in this country to outsource. song: ‘‘When it came to building big ple out early on good behavior. Often- Did we not learn anything as a body buildings, no job was too tough. Daley times they tell their probation officers from the NAFTA agreement? The les- built McCormick place twice because and the courts that they are sick and son we should have learned from once was not enough.’’ they need help; and yet they are told, NAFTA was that not all free trade Last night, Richard J. Daley’s mem- well, you will have to find it some- agreements give us fair trade. ory was honored at a dinner by those where in the mental health corridor of For instance, NAFTA, which was sup- who knew and worked with him as well your community. posed to be this great jobs creator, as by individuals who simply wanted to We expect them to show up. That is middle class creator in Mexico, failed celebrate the legacy of this great another really mind-boggling thought to create the middle class that it prom- American leader. Appropriately, events here, that we tell these people that ised. Since NAFTA, the rich are get- took place on the campus of the Uni- have been convicted of violently raping ting richer in Mexico while poverty and versity of Illinois at Chicago, UIC, women and children that they should income disparity are more prevalent which the mayor felt was his greatest show up to a local official and register than ever. As NAFTA failed to protect achievement. So strong was his com- so that they can be on an offender list. the middle class, so will CAFTA. mitment to education that for nearly That is not going to happen, so we have Congress needs to step up and tell the 30 years, from his days in the Illinois to stop trusting them to show up and administration that worker protec- General Assembly in the 1930s until the register. tions matter. We need to do what is completion of UIC in the 1960s, Richard As we begin this process, I welcome right and support trade policy that is J. Daley fought to bring a branch cam- both sides of the aisle, as I mentioned fair and balanced. We need to do what pus of our State’s world-class public my colleague, the gentleman from Ala- is right and make agreements that university to the people of Chicago and bama (Mr. CRAMER), in this debate to strengthen labor protections, not over- the region. try to strengthen and codify into law look them. We need to do what is right The mayor’s achievements were not things that will actually work. No for safeguarding the environment. We limited to the city’s skyline. He was a more panaceas, no more feel-good solu- need to do what is right for all working political leader who others, such as tions, no more expectations that these people and scrap this terrible agree- Presidents John F. Kennedy and Lyn- people who commit these crimes re- ment. We have a moral obligation to don Baynes Johnson, counted on not peatedly will somehow become models make trade fair for all Americans and only for support but good advice on im- of behavior in their communities. We the rest of the world. portant issues of the day. have to be sure that they are mon- f Mayor Daley was truly a self-made itored. Whether it is through ankle The SPEAKER pro tempore. Under a man. Before he was the leader of one of bracelets or other means, we will insist previous order of the House, the gen- the world’s great cities, he was a kid that they be followed, that they be pur- tleman from Louisiana (Mr. MELANCON) from the Bridgeport neighborhood who sued, and if they violate again that is recognized for 5 minutes. put himself through college and law they never be let out of jail to harm (Mr. MELANCON addressed the school working as a cowboy at the fa- another individual or innocent citizen. House. His remarks will appear here- mous Union Stockyards. As a State f after in the Extensions of Remarks.) legislator in the 1930s, he married a The SPEAKER pro tempore. Under a f lovely young woman from Bridgeport previous order of the House, the gentle- The SPEAKER pro tempore. Under a named Eleanor ‘‘Sis’’ Guilfoyle, with woman from Ohio (Ms. KAPTUR) is rec- previous order of the House, the gen- whom he raised seven outstanding chil- ognized for 5 minutes. tleman from Pennsylvania (Mr. SHU- dren, including Richard M. Daley, the (Ms. KAPTUR addressed the House. STER) is recognized for 5 minutes. current mayor of Chicago; John Daley, Her remarks will appear hereafter in (Mr. SHUSTER addressed the House. chairman of the Committee on Finance the Extensions of Remarks.) His remarks will appear hereafter in of the Cook County Board and Demo- the Extensions of Remarks.) cratic Committeeman of the 11th Ward; f f and William Daley, former U.S. Com- The SPEAKER pro tempore. Under a merce Secretary. However, Mayor and TRIBUTE TO THE LATE MAYOR previous order of the House, the gen- Mrs. Daley were as proud of their chil- RICHARD J. DALEY tleman from Georgia (Mr. PRICE) is rec- dren who pursued careers in teaching ognized for 5 minutes. The SPEAKER pro tempore. Under a and homemaking as they were of their (Mr. PRICE of Georgia addressed the previous order of the House, the gen- sons involved in public service. House. His remarks will appear here- tleman from Illinois (Mr. LIPINSKI) is I had the honor to meet Mayor Daley after in the Extensions of Remarks.) recognized for 5 minutes. once as a young man. After my father’s f Mr. LIPINSKI. Mr. Speaker, I rise inauguration as a Chicago alderman in today to pay tribute to the greatest OPPOSED TO CAFTA 1975, our family met the mayor and public servant and political leader the Mrs. Daley at a reception. As the The SPEAKER pro tempore. Under a City of Chicago has ever produced, the young Alderman Lipinski shook Mayor previous order of the House, the gentle- late Mayor Richard J. Daley. Daley’s hand, it seemed the mayor did woman from California (Ms. LINDA T. Mayor Daley, who passed away in not recognize him, until the ever-ob- SA´ NCHEZ) is recognized for 5 minutes. 1976, was elected and inaugurated to ´ servant and ever-gracious Sis Daley Ms. LINDA T. SANCHEZ of Cali- his first term as mayor 50 years ago gently reminded the mayor who the fornia. Mr. Speaker, today I rise in op- this month. It is not an overstatement gentleman in front of him was. position to the Central American Free to say that the Chicago most of the Like all great leaders, Richard J. Trade Agreement, otherwise known as world recognizes today is a legacy of Daley had his share of setbacks and CAFTA. As many of my colleagues Mayor Daley. In his 21 years in office, critics, but his legacy was and is Chi- here know, CAFTA is nothing more Mayor Daley earned the nickname cago’s reputation, the City That than a green light for corporations to Dick the Builder, as he helped guide Works. Mr. Speaker, let us not forget outsource American jobs. the construction of the Sears Tower, this legacy on the 50th anniversary of I am appalled by some of the awful O’Hare Airport, the John Hancock Mayor Richard J. Daley’s inaugura- provisions in this shameful trade building, Chicago’s expressway system, tion. agreement. When you look at the re- McCormick Place, twice, and dozens of strictions on Central American work- other renowned landmarks synony- f ers and the outsourcing of American mous with the city. Richard J. Daley The SPEAKER pro tempore. Under a jobs, you will quickly realize that turned the city of Al Capone and pork previous order of the House, the gen- there is nothing free about the Central bellies into the world capital of Mies tleman from Florida (Mr. FEENEY) is American Free Trade Agreement. Van der Rohe and jet travel. recognized for 5 minutes.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2458 CONGRESSIONAL RECORD — HOUSE April 21, 2005 (Mr. FEENEY addressed the House. I believe these developments are fur- what the Democrat leadership has His remarks will appear hereafter in ther evidence that the Democrats are done, that is what the minority leader the Extensions of Remarks.) not interested in taking a thorough, and the gentleman from Maryland (Mr. f honest look into the allegations HOYER) are doing. They are The SPEAKER pro tempore. Under a against the gentleman from Texas (Mr. stonewalling the ethics process for par- previous order of the House, the gen- DELAY); all they want to do is obstruct tisan gain, and we will not stand for it. We ask the gentlewoman from Cali- tleman from Kentucky (Mr. DAVIS) is the work of the House of Representa- recognized for 5 minutes. tives. fornia (Ms. PELOSI) and the Democratic (Mr. DAVIS of Kentucky addressed Yesterday Republican leaders of the leadership to stop these attacks. Call the House. His remarks will appear House Committee on Standards of Offi- off the dogs. Mr. Speaker, we need a reasonable hereafter in the Extensions of Re- cial Conduct agreed to impanel a for- ethics process in this House. We need marks.) mal investigation into the recent alle- gations regarding the majority leader, to say enough is enough when it comes f to partisan political attacks. Let us The SPEAKER pro tempore. Under a but Democrats flatly refused to allow the Committee on Standards of Official move forward with the American peo- previous order of the House, the gen- ple’s agenda. tleman from South Carolina (Mr. WIL- Conduct to begin the work this year. Instead of allowing the case to be f SON) is recognized for 5 minutes. (Mr. WILSON of South Carolina ad- heard in an appropriate venue, an in- SOCIAL SECURITY dressed the House. His remarks will ap- vestigation by the House Committee on The SPEAKER pro tempore (Mr. Standards of Official Conduct, Demo- pear hereafter in the Extensions of Re- SCHWARZ). Under the Speaker’s an- marks.) crats are trying to use the media to nounced policy of January 4, 2005, the launch a partisan, politically moti- f gentleman from Florida (Mr. MEEK) is vated attack against the gentleman The SPEAKER pro tempore. Under a recognized for 60 minutes as the des- from Texas (Mr. DELAY), the majority previous order of the House, the gen- ignee of the minority leader. leader, rather than giving the gen- tleman from Florida (Mr. LINCOLN Mr. MEEK of Florida. Mr. Speaker, tleman from Texas an appropriate op- DIAZ-BALART) is recognized for 5 min- once again it is an honor to not only portunity to respond. utes. address the House, but the American Majority Leader DELAY has said over (Mr. LINCOLN DIAZ-BALART of people, to make sure that this govern- and over that he has done nothing Florida addressed the House. His re- ment stays within the realm of the re- wrong, and has expressed his desire to marks will appear hereafter in the Ex- sponsibility that the American people publicly present and state his case. In- tensions of Remarks.) have given us to come to this U.S. deed, he wants an ethics hearing to House of Representatives and this Con- f clear his good name and to keep ethics gress to represent them and their needs DEMOCRAT CAMPAIGN AGAINST from being used for partisan, political and their family’s needs. MAJORITY LEADER purposes. Those great Americans that have The SPEAKER pro tempore. Under a Appearing before the Committee on worked their entire lives to save and be previous order of the House, the gen- Standards of Official Conduct is the a part of the Social Security system, to tleman from North Carolina (Mr. most appropriate venue for this to hap- make sure that we hold our promise to their well-being not only during their MCHENRY) is recognized for 5 minutes. pen. The refusal to even allow the case Mr. MCHENRY. Mr. Speaker, the to be heard before the Committee on retirement years, but even those that Democrat leadership has led their Standards of Official Conduct is clear are beneficiaries of those that have party on a campaign against the Re- evidence that the Democrat leadership passed on. The gentlewoman from California publican majority leader, the gen- is not concerned about seeing this mat- (Ms. PELOSI), the Democratic leader, tleman from Texas (Mr. DELAY), ter reviewed. They only want to use has designated this hour for the 30- through baseless character assassina- this situation to obstruct the legisla- something Working Group. And every tions and misleading attacks. It is time tive process. It is a move carefully designed by week we come to the floor to address to start hearing the truth, though. not only the House, but we keep the The media reported yet that the gen- partisan political hacks, carefully de- signed to achieve nothing more than American people up to date on what is tlewoman from Ohio (Mrs. JONES), a happening regarding Social Security Democrat, disclosed in 2001 that a reg- purely partisan political gain. These actions obstruct legislation that the and the challenges they are facing with istered lobbyist paid for her trip to the ongoing effort not only by the Puerto Rico, a trip the minority leader American people want. So far under the majority leader’s President, but also by some Members was also on, in clear violation of House on the majority side to privatize Social rules. leadership, Republicans have passed a comprehensive energy policy, killed Security. On February 28, the minority leader, I can tell Members that we pride our- the death tax for small businesses and the gentlewoman from California (Ms. selves on making sure that we get not family-owned businesses, improved PELOSI), publicly called for an inves- only accurate, but up-to-date informa- America’s highways by passing a trans- tigation by the Committee on Stand- tion so we can share not only mainly portation bill, passed tort reform, ards of Official Conduct of the majority with the Members of this Congress the leader. The gentlewoman from Cali- passed bankruptcy reform, and is importance of the reason why they fornia (Ms. PELOSI) stated: ‘‘These are poised to modernize and strengthen our need to stand up and represent their substantive allegations,’’ that must be Social Security system. constituents. ‘‘fully investigated by the Ethics Com- Rather than effect change through I must say I am very pleased that a mittee.’’ elections, they have chosen, the Demo- number of Democrats on this side of crat leadership has chosen, to use par- b 1745 the aisle, and I do mean almost 110 per- tisan attacks and a conspiracy of char- cent, I will say there are many Demo- But so far there have been no calls acter assassination to destroy the rep- crats who are big, heavy supporters of for an investigation of the gentle- utation of one of the most successful Social Security and do not want to see woman from California (Ms. PELOSI) or legislative leaders in this century and it privatized. I believe we are 100 per- the gentlewoman from Ohio (Mrs. in the last century and, in fact, in con- cent. JONES) by the rest of the Democrat gressional history. I believe, on the majority side, we leadership. Is this hypocrisy? Demo- Mr. Speaker, there is nothing more have a few Members who are holding crats want to apply the House rules, unethical than falsely accusing an- out and are saying they are not going but they do not want to apply the rules other human being in order to destroy to gamble with their constituents’ fu- to themselves. Let us see if the Demo- that person’s reputation. There is ture, their guaranteed retirement. crats really care about ethics or if they nothing more unethical, there is noth- Last week we talked about the 48 are more interested in personal at- ing more disgraceful than falsely ac- million Americans that celebrate a So- tacks. cusing another human being. That is cial Security benefit which is right

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2459 now, on average, about $955 that each beneficiaries in Alabama: seventeen news organizations, criticized the Social Security beneficiary gets. That and under, 71,350; from age 18 to 39, we President on the screening tactics that is very important because 33 million of have 30,930; and other ages beyond that they are using. those individuals would be under the point is 699,010. Those are the numbers b 1800 poverty line if it was not for Social Se- of Alabamians that count on Social Se- curity. So when we start looking at curity. And I will say if folks want to One of my fine colleagues here in the what is going on and the hype around start playing the Potomac two-step House said, speaking of the President, the fact that Social Security is going with Social Security, they need to un- ‘‘Regardless of the affiliation of the in- to blow up tomorrow, I think it is im- derstand that their constituents are dividual, anybody should have the op- portant that we share the facts. going to end up losing versus gaining. portunity to go see the President.’’ The facts are that there is not a cri- Another State that is important to Aaron Johnson, a spokesperson for the sis as it relates to Social Security. A address because we have folks that say gentlewoman from Colorado (Mrs. crisis is something you have to respond they do not quite understand what is MUSGRAVE), ‘‘It shouldn’t be the job of to right now because if you do not re- going on as it relates to the State of Il- anybody to make sure the crowd is 100 spond to it now, it will turn into some- linois. 1.816 million individuals receive percent sympathetic.’’ thing that will be devastating to what- benefits right now. The number of So if I had this sign and I was stand- ever the situation may be. those individuals that are over the age ing in line, Mr. Speaker, to go see the We do know now, in the next 47 or 50 of 39 receiving are 1,652,030. I think it is President, I guess I could not go in be- years, we all agree that Social Security important that people know there are a cause I do not necessarily agree with will be able to provide the benefits to number of individuals who will be af- him. That is not democracy. That is the individuals that are in the pro- fected by this privatization plan. kingdom politics. I think that all gram. When they reach retirement, it I want to be able to address the Mem- Americans and also Members of this will be there for them. That is 100 per- bers and let it be known what we House should not condone that, espe- cent for the next 47 to 50 years. I will should be doing. The 30-something cially when the President is flying receive 100 percent of my benefits if Working Group, when we sit down and around on taxpayer dollars. It is impor- nothing happens to Social Security. talk about this, we talk about biparti- tant that a democracy stays a democ- We know we want to look beyond sanship, and we talk about the fact racy, and it is not in the Constitution. that and do creative things to make that to come up with a Social Security Nowhere in the Constitution does it sure that not only my generation, but forecast, Democrats and Republicans say, It’s either my way or the highway. future generations, the generation- have to come together. In 1986, we I think it is important, because this after-next generation, that Social Se- know that Speaker Tip O’Neill and also is an actual news account, and AP and curity is there for them. As Democrats, Ronald Reagan came together to save other news organizations covered the we agree on the fact that we have to Social Security, and I think it is im- fact that if you disagree with the make sure that it is there. But to say portant that we do that now. President and you want to show up, to privatize it is the answer, it is not Mr. Speaker, maybe under the cir- you better be undercover, you better the answer. I cannot help but share cumstances we cannot do. It is not be- not show your hand, you better not some of the issues that are going on. cause the minority side does not want have a bumper sticker because there Last week we talked about the 48 to do it, it is because the majority side are those that are watching out for million during our hour. I ran into does not want to do it. I think it is im- those kinds of individuals that are at- some of my colleagues this past week. portant that you understand that we tending these events. I think it is very They said, We know about that 48 mil- believe in strengthening Social Secu- unfortunate that that is happening. lion, and a lot of them are in Florida rity 110 percent because it is a Demo- That sends a perception out to the and that is what you are concerned cratic plan. And it is a plan that Re- American people as though the Presi- about; my State is not really affected, publicans voted for in 1986, not all of dent is talking about private accounts and the private accounts will not hurt. them, but enough to say it is a part of and some proponents on the majority I guarantee Members this, they will our Nation. I think it is important for side are talking about private ac- hurt and benefits will fall in Social Se- us to realize that with the numbers we counts, that it is so great, that there is curity if we go to private accounts. are dealing with now, as relates to So- not an objection to it. That is a fact. cial Security, we must pay very close If I was standing in front of the pre- Alan Greenspan had some interesting attention to what we are doing. cinct where I am elected to come and comments yesterday as it relates to Now, the President has been flying serve in this Congress and folks were the stock market, and if we had private around the country. This is not about getting out of their car with the lit- accounts right now, how those individ- politics because the bottom line is that erature of my opponent and I was to uals would have been penalized. The the President is in his last term. So have my friends go over there and es- President said, We are going to secure criticism that that is just some guy cort them down the street so they can- and isolate. If you invest in the stock from Florida that is trying to hurt the not vote, I would get 100 percent of the market, it is very hard to isolate your President’s hopes from being reelected, vote. So when we send this perception investments. When it goes under, it he cannot be reelected again. But it is through that we are all together on goes under. So to turn Wall Street into important that we share accurate and this, it is not true. It is important, and Las Vegas as it relates to folks’ retire- good information, and it is important I ask for Members to let their friends ment, that may be good for a private to make sure that every American has know at the White House and other pension plan, but it is not good for So- an opportunity to see his or her Presi- places where these events are going on cial Security. dent when they come to their town or that it is important. And also as it re- I pulled some of the statistics from their city or their county. lates to individuals that disagree with my colleagues’ States so they under- Now, if the President was to come to the President on other issues. stand what we are saying about this south Florida and I was standing in I think it is important, not only that issue, not just voting with the next line to see the President, I would not the 30-something Working Group con- person because they say we have to fol- want to be pulled out of line and es- tinues to do what we are doing, but we low the leadership and privatize Social corted out of the parking lot and want to commend those other groups Security. dropped off somewhere far away from that are out there. AARP, I must add, I think it is important to know in the convention center or wherever the the largest retirement organization in the great State of Alabama that the re- President is going to speak because I this country, continues to go around port as it relates to young Social Secu- disagree with him on Social Security. and raise objection as it relates to So- rity beneficiaries, and I think this is I guess if I was not a Member of Con- cial Security. It is working. The reason important because a lot of folks have a gress, I would be escorted out. But we why there is not a bill here on the misperception of the fact that Social have accounts from throughout the floor, the fact that we have other Security is just for individuals who country, and I happen to have one right things to do, which we do, because So- have retired. Right now we have 801,290 here in front of me. Fox News, of all cial Security is not a crisis. I mean,

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2460 CONGRESSIONAL RECORD — HOUSE April 21, 2005 that has not stopped some people from this body want to privatize Social Se- can make sure that our communities continuing to talk about it as though curity is the fact that we have to are more secure, and we can make sure it is a Federal crisis right now. It is watch out for future generations. that we have a future for many of our not. It is the fact that the American Let us look at that for a minute. Fu- young people. people object to the idea of privatizing ture generations. I am a Member of the Let us look at $5 trillion. Pell grants. their guaranteed retirement. U.S. Congress. My mother before me We hear a lot of discussion about Pell You heard the statistics that I read was a Member of the U.S. Congress. I grants. It has helped a lot of young off as it relates to States of children have two young children. They are people and folks make it to school. that are beneficiaries, receiving sur- going to have a different experience Maybe they will not have that $20,000 vivor benefits. That is helping them than the rest of my constituents within in debt when they graduate. We know make it through college. That is help- the 17th Congressional District in Flor- that there are a number of young peo- ing them make ends meet. They are a ida. Not because they are that much ple that go to school and have to re- part of the 33 million that would be smarter than the rest of the 8-year-olds turn back home, not to take care of otherwise under the poverty line. It is and the 10-year-olds in their commu- Mom and Dad; but it is the fact that important that we pay very close at- nity, but it is the fact that I am a U.S. they cannot go out and buy a home be- tention to what is going on. Congressman and their mother is an cause they have debt. Unfortunately, In that same report, I think it is im- outstanding lady and she is a profes- many of our young people fall into that portant as it relates to the President sional and my mother was a past Con- downward spiral of falling into debt and what is going on in this one-sided gresswoman, that they are going to and getting a bad credit rating. deal, we have the Secret Service in have a different snap at life than the We can raise the maximum Pell Denver that told the three the next day next person. grant from $4,050 to $59,500. Now, 5.3 that the bumper sticker on their car But people did not elect me to have a million students receive $4,050 in Pell which read ‘‘No More Blood For Oil,’’ a better opportunity towards not only grants. With $5 trillion, 23.7 million common anti-Iraq slogan, triggered the health care but a better opportunity as students would receive a $59,500 Pell ejection of those three individuals from it relates to a good retirement. They grant. the Bush rally, or the Social Security did not say, That’s what we’re electing I can go on and on and on, but I think rally. I can tell you that as we start you for. They elected us to represent it is important for us to understand leading into this era of kingdom poli- them. So we have to watch out for the what $5 trillion can do. The President and some of those proponents for pri- tics, we are going to find ourselves in future generations. A $26,000 debt and vate accounts want to go and borrow $5 more and more trouble. change, I must add, is not a way to I want to talk a little bit about what help our future generations. There are trillion to not only take down the ben- is guaranteed under what we are deal- a number of individuals that are grad- efit structure but the benefits that now ing with now, Mr. Speaker. Some folks uating from college, especially those Americans enjoy. I think there is a ma- jority of the Members in this Chamber, say there is a great mystery of what that have gone through the post- I know on the Democratic side, a the benefit of going into, or lack there- graduate experience, that are leaving supermajority on our side, and I think of, a private account and what it on an average of $20,000 in debt, and we there are other individuals on the means. The President said, well, we are are adding this debt on what they are other side of the aisle that would say spending money to save money, $5 tril- going to have to pay somehow some different, that we have other crises lion onto the debt. There is not a $5 way in the very near future. Over 40 that are facing this country right now trillion surplus or the surplus that the percent of our debt is owned by foreign versus a crisis that is 50 years off, or President had when he came into of- interests. could be a crisis where it would only go fice, but this is a $5 trillion loan. I I think it is important to understand, down to 80 percent of the benefits that also, that this information on the debt want to just pull my deficit chart up we have now. here. As the vice chair of the Demo- can be found. Some people may think, We have got to deal with the Federal cratic Caucus, the gentleman from Oh, you’re just coming up with those debt before we start getting into say- South Carolina (Mr. CLYBURN), has numbers and you’re just putting them ing that, Well, we know we have the said, the only thing that you are guar- out there. I want to make sure that the highest deficit in the history of the Re- anteed, Members, and your constitu- Members are aware of this. They can public, the 109th Congress oversees ents are guaranteed, is the $26,296.10 go on www.house.gov/budg- that debt, let’s see, let’s make it worse. that you owe right now on the debt. etldemocrats to get this information, Let’s add 5 trillion more dollars on to That is not only for father. That is not only on the ticker but also letting it. Let’s really make history. Let’s go for mother, that is for child, no matter it be known that the $26,000 and further than any other Congress has what the age of that child. A child that change, what they can actually print gone in the light of making sure that was just born 5 minutes ago, they al- out and place somewhere on the door the only guaranteed benefit out of this ready have a debt to this country, a fi- so that they can know exactly what we whole exercise will be a $26,200-and- nancial debt to this country, not due to are doing to our future generations. If change debt given to every American the fact of irresponsible spending on you can check that Web site, in 4 hours no matter what their age may be. behalf of Democrats. We are not in it will even be higher, the national My colleague from Florida and a charge of the House of Representatives. debt. member of the 30-something Working But when we were in charge of the I think it is also important to know Group and a good friend of mine, the House of Representatives, we balanced when dealing with the $5 trillion what gentlewoman from Florida (Ms. the budget. We took down the debt. We could happen and what we could do WASSERMAN SCHULTZ), I am so glad you had a surplus. So to say, Yeah, it’s with that money. We talked about the came down. those Democrats that are spending the fact that it is not a Federal emergency Ms. WASSERMAN SCHULTZ. Thank money, that is not necessarily the as it relates to the issue on Social Se- you so much, Congressman MEEK. We case. As a matter of fact, we are being curity, and it is not. But what does $5 are continuing to try to educate our fiscally responsible by looking at it trillion do for programs over the next generation and other generations about from the standpoint of if we are going 20 years? I can do an awful lot for $5 the significantly negative impact that to do something, why make the situa- trillion. I was talking to one of my privatizing Social Security would have tion worse financially. mayors recently, and I mentioned $5 on them. As much as the President, as We want to deal with Social Secu- trillion to him and he said, goodness you have outlined, would like to lead rity, but we do not want to dig into gracious, we could solve a lot of the people to believe that privatization is making the debt even deeper, the na- issues facing our cities, and I can prob- not going to harm people 55 and older, tional debt. And the whole argument ably go around to many of my friends and there is going to be this amazing about the reason why we are throughout the country. With $5 tril- panacea, this incredible windfall for privatizing or that the President wants lion we can make education better, we our generation and for supposedly to privatize and some Members of the can make infrastructure better, we can savvy investors that are from our gen- other body and some Members within do better services for our elderly, we eration, we know differently. What we

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2461 have been trying to do as the 30-some- When I go home and talk to the people ment has. And I just cannot even imag- thing Working Group convened by that live in my community in Broward ine what kind of example the President Leader PELOSI is to try to separate fact and Miami-Dade Counties, and we rep- is setting to burgeoning democracies from fiction. resent both of the same counties in and democracies that are trying to be- To follow up on some of your really South Florida, it does not matter come even more democratic. excellent descriptions of what the kind whether I talk to people who consider I mean, if the President of the great- of money we are talking about really themselves conservative, people who est democracy in world does not feel means for people, you just talked about consider themselves moderate, people that the right thing to do is to let any- $5 trillion and what $5 trillion, which is who consider themselves liberal. After one into a town hall meeting whether what the President’s privatization pro- the events of the last few weeks and or not they agree with him, then that posal would cost and add to the deficit the concerns that people have over the really sends a terrible message. in the next 20 years, what that would deficit, their share of it, this privatiza- Mr. MEEK of Florida. Mr. Speaker, mean, what we could do with $5 trillion tion plan which the President is sug- reclaiming my time, the real issue is instead of ballooning the deficit. gesting would pull the safety net of So- that the President would like to put I was just elected. I am a freshman cial Security out from under people. the perception out there of roaring Member of the Congress. We have had People are really starting to say just crowds, saying, ‘‘We love you. We ap- an opportunity to work together over hold it a second, we need to get this preciate what you are doing. Thank the years. I am still definitely in learn- train back on the tracks and start God you are saving Social Security by ing mode, and I have got a learning going in the direction that most people privatizing accounts even though my curve. One of the things that I have no- are comfortable with. benefit level is going to go down.’’ And ticed in my learning curve is that when And I think we really need to start anyone that objects to that, they are you go from being in the State legisla- encouraging people, as we have been going to see the parking lot. ture like we were where you are deal- doing, to raise their voices to help get Ms. WASSERMAN SHULTZ. People ing with billions of dollars, with a B, to that train back on the tracks, because have seen the parking lot. the Congress, when you are dealing it is moving so far to the right even for Mr. MEEK of Florida. They will not with trillions, with a T, it is hard for people who consider themselves on the even see the inside because they will anyone, Members of Congress, Members right, even people like that are coming take those individuals out of line. of State legislatures and average citi- up to me and telling me they are dis- Like I said, if anyone were to show zens to really grasp what that kind of turbed. So I just wanted to share that up with this, just as an American, free- money is. No one deals with trillions of illustration with people. dom of speech, and the Supreme Court dollars. The current budget deficit is We have talked often about the im- is right across the street, ‘‘Hands off of more than $7 trillion. It is $7.7 trillion. pact that privatization has had, and we my Social Security,’’ they are a goner. b 1815 had been on a break and we were not They are out of there. They are taking And what the gentleman just de- able to spend time during our 30-some- them, ‘‘Excuse me, sir, ma’am, we need scribed, the President’s privatization thing hour. We did not have a 30-some- to take you over here.’’ proposal would add another $5 trillion thing hour last week because of votes. Ms. WASSERMAN SCHULTZ. I think to that. So I think it is important, and I am they made it pretty clear how they feel So let us just take the $7.7 trillion not sure if the gentleman already about the courts. that is included in the projected deficit talked about it, the impact that privat- Mr. MEEK of Florida. That is an- now and try to help people get their ization would have on different cat- other special order, Mr. Speaker. This minds around what that is. If we took egories of people. Particularly as the is democracy we are talking about. $7.7 trillion and can pile enough $1 30-something Group, we want to ex- I am a member of the Committee on bills, and there are actually people plain how it would hurt young people Armed Services. We have men and that figure these things out, on top of and working families. women, several thousand, that are one another, it would reach the moon The cost of privatization would just fighting against this kind of thing. And and back. explode the national debt, which we we have to make sure that we give very The Moon is 93 million miles away have been talking about, but what it little to others to point to and say, from here. I am pretty sure that is means beyond exploding the national ‘‘See, you are telling me to do some- right, 93 million miles away from here. debt is that people who collect Social thing, but you are not doing it.’’ So that is two stacks of $1 bills that Security would literally experience a And if someone is the President of would reach the moon, and that is how 46 percent cut in their benefits. the United States, they can pretty much our deficit is. There has been this portrayal by the much say, if someone has a T-shirt, if We would still have almost $6.5 bil- President on his 60-day tour of the someone has a sign, if someone is lion left over. With that money, after country to try to sell this plan, which standing in line and they say, ‘‘I dis- traveling to the moon and back, we I know the gentleman outlined and agree with the President and I want to could make 1,329 stacks of $1 bills that talked about, how they restrict access hear what he says, but I do not think would reach up into the stratosphere, to their town hall meetings and we let we need to privatize Social Security.’’ however high that would go. anybody come and we are willing to Or to go in and then come out and talk There is a really instructive Web site take on the people who stand up and to the media or talk to anyone, they that the Department of Treasury has, actually ask questions that are not the have the right to do that. and I think it would be helpful for peo- same as the position that we take in This is not a private event. This is ple to know what that Web site is. It our town hall meetings. paid for by the taxes that the gentle- gives what the current deficit is, and it Mr. MEEK of Florida. Mr. Speaker, woman pays, I pay, and all of our con- also gives what is each American’s reclaiming my time, that is what a de- stituents pay. So if our tax dollars are share of that deficit. It is a ticker and mocracy is all about. And I hope that going to work against us because we it is constantly changing. But that the President disabused himself of es- disagree, and we are right to disagree, Web site is www.house.gov/budg- corting Americans out, taxpaying it is insane. etldemocrats. And they can get access Americans that want to hear what he Ms. WASSERMAN SCHULTZ. Mr. to the U.S. Treasury Department’s Web has to say. Speaker, what I have noticed is that page with that information; if they Ms. WASSERMAN SCHULTZ. Mr. this President treats democracy as an sign on to that Web site, it will link Speaker, if the gentleman would con- inconvenience. He treats democracy as them right to that information. tinue to yield, it is really unbelievable. if what it means is ‘‘I am going to lis- The national debt as of April 21 is I met with representatives of the ten to you when you agree with me and $7,782,705,281,978.34. We could really im- Egyptian Government today, and they I am going to apply democratic prin- prove the quality of people’s lives with were talking to me about the demo- ciples when I can surround myself with that kind of money. cratic reforms that they are making people who tell me what I want to And the direction that this country and being more inclusive and involving hear.’’ And that is just the worst mes- has been going in is really disturbing. their public in the role that govern- sage we could possibly be sending.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2462 CONGRESSIONAL RECORD — HOUSE April 21, 2005 When the gentleman and I listened to provides the equivalent of a $350,000 what? There are over 200 hearings that the State of the Union and we listened disability policy. Most people, espe- take place in every Congress. They do to the Inaugural Address, both of cially a young widow with two chil- not all result in legislation. I am hop- which included a treatise on the Presi- dren, cannot afford to go out and buy a ing that in that hearing, if someone dent’s desire to help spread democracy policy on the private market like that. wants to do something, or the majority around the world, I really think that It would just not be available to her. side wants to work with the minority the greatest democracy in the world Suppose, God forbid, there is a young side, because I do know that the gen- and the leader of that democracy parent who suddenly dies. Social Secu- tlewoman from California (Leader should be setting an example at home. rity provides for the children who are PELOSI), I know that the gentleman And I think that that is what we ex- left behind. Social Security provides from Maryland (Whip HOYER), and our pect parents to do. survivors benefits. Survivor benefits caucus chairman and vice chairman We ask parents to set examples for replace as much as 80 percent of the and others in leadership would love to their children, and we tell parents that earnings for a 20-year-old average-wage sit down. The gentleman from New they cannot expect their children to worker who dies leaving two young York (Mr. RANGEL) is always saying, behave any better than they do. And I children and a spouse. For that parent, my door is open, I am ready to go. Let do not know how the President could Social Security survivor benefits are us talk about this thing. expect democracies or burgeoning de- equivalent to a $403,000 life insurance But let me just say this, because I mocracies around the world to behave policy. think it is important. The Democratic any better than he does. That is what it means when we talk plan is already in 48 million wallets of There are a couple other things I about what privatization would do to Americans that have Social Security wanted to highlight for people about young families. That is real. That benefits. That is the Democratic plan. the impact of the privatization plan be- would be gone, that benefit. Because Hello? That is the Democratic plan. So cause we got on our soap box for a lit- when it comes to disability and sur- the Democratic plan is to make sure tle while. vivor benefits, privatization does not that we do not add more to the $26,000 Mr. MEEK of Florida. Rightfully so. I apply because there is no income being that every American already owes the am glad I am a Member of the Congress generated. One has to have income in Federal Government, the highest def- and no one can walk in here and escort order to have a private account. People icit in the history of the Republic. The me out. I mean, right now they cannot. who are disabled and people who are Democratic plan is to fight to bring But I am glad. I am glad that that is widows and widowers do not have that that number down and to go into sur- the case because I would be kind of income coming in by its very nature. plus where we were before this admin- Mr. MEEK of Florida. Mr. Speaker, concerned if I were standing outside at istration got in. one of the stops that the President was the thing about it is that Democrats, That is the Democratic plan. making and we were having this con- Republicans, Independents, white, Ms. WASSERMAN SCHULTZ. Mr. versation. We may very well be asked black, Asian, name it, are part of the 48 Speaker, if I could jump in here for a to spend some time in the parking lot million Americans that are receiving second. because we cannot go in. benefits right now. And this issue is Mr. MEEK of Florida. Of course. I Ms. WASSERMAN SCHULTZ. Abso- not only in districts on the Democratic was looking for my little note here, be- lutely, Mr. Speaker. And that is be- side of the aisle, but on the Republican cause I wanted to remind Members but cause they do not want the facts to go side of the aisle. And I will tell the also the American people. Please add out. Because if light is shed on their Members this will not hold. to this. There is just so much, we do Now, it is not all doom and gloom be- proposal, if they are forced to face not know what to share. We have so cause, guess what. Thank God the their accusers, so to speak, if they are many other plans as Democrats. Democratic leadership is saying we do forced to respond to people who have Ms. WASSERMAN SCHULTZ. That is not want to increase the debt to go on the facts, their facts just do not hold why we spend an hour on this every a scheme of a $500 trillion over the next up under the sheen of light. week, because there is plenty of infor- 20 years cost for individuals to have to So what I started to say a few min- mation to disseminate. I sit on the pay more on the debt and also for indi- utes ago was what his proposal does is, Committee on Financial Services, and viduals to lose some of their benefits. I have an opportunity to interact with and like I said, I call it a proposal, but And the bad thing about what the I should say his vague outlines of a President and some Members on the people on the New York Stock Ex- proposal, he has promoted across the majority side, the Republican side, are change and Chairman Greenspan, who country the concept or the belief that proposing is the fact that they are say- testified before our committee, and private accounts would be a windfall ing that, yes, it will go up and down representatives of the Mercantile Ex- and has led people to believe that they but over time private accounts will change and the Board of Trade and all would both be able to have the money win. Guess what. If one is in a private of the exchanges. One of the things in their private accounts as well as account or they opt to be in a private that I got out of those meetings that their Social Security benefits, and that account from the Social Security phi- was clear and that has been written is not the case. There would be a com- losophy, and I must add if I said about in the last few days is, let us re- mensurate cut in Social Security bene- ‘‘plan,’’ I want to take that back, phi- member what the foundation of this fits, about 46 percent, commensurate in losophy that the majority side has and whole privatization is built on. It is proportion to the amount in someone’s that the President is talking about, built on the stock market. It is built private account. they are going to lose, too. They are on stocks and bonds. Now, last week, we had one of the An average 20-year-old, over their 20- going to lose some of their benefits, most significant drops in the market in year retirement, would lose about too, and I think it is important that over 2 years. The Dow Jones Industrial $152,000 in Social Security benefits people understand that. under the vague outlines of the Presi- Also, let us just put it this way: Average has fallen more than 9 percent dent’s proposal. Some people may say what is the in the last 6 weeks, including a drop of Let us take disability insurance and Democratic plan? I will say what is the 115 points, or 1.1 percent, on Wednes- survivor benefits, because I am not Republican plan? Where is it? What day. Now, I do not know if most Ameri- sure if the gentleman talked about Web site can I go to? Is someone com- cans are going to want to throw their that before I got here; but Social Secu- ing to my office with some sort of retirement security to the whims of rity provides disability insurance for bound copy? Maybe I need to come to the stock market. There are two words young families. There is no private in- my office to find out if something came in the name of this program: social and surance plan that could compete with since I have been here on the floor. security. This proposal removes and the disability benefits provided by So- Where is the bill? decimates the concept of ‘‘security’’ in cial Security. For a worker in her mid- Social Security. It would be social in- 20s who has a spouse and her two chil- b 1830 security, because there would be no dren, and there are millions of those Well, there is a hearing that is going ability to ensure that future retirees across this country, Social Security to take place on Capitol Hill. Guess would have that investment there for

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2463 them when they retired, because we to get prescription drugs to the people, solvent for the next 50 years. That is have fluctuations in the market. and it is too high, and this, that, and the Democratic plan. The Democratic Mr. MEEK of Florida. Mr. Speaker, I the other; and I have another editorial plan is making sure that we do not see, see the gentleman from California on that. under the philosophy that the majority (Chairman DREIER) wants us to yield But we were told by the administra- has, the 46 percent decrease in benefits for a minute here, so I yield to the tion that it will only be $350 billion. I as it relates to the cuts that will hap- chairman. mean, that is a big number. That is all pen over time. The Democratic plan is Mr. DREIER. Mr. Speaker, I thank it will be, so you do not need to be wor- making sure that the monthly average my friend for yielding. I am preparing ried about it. Even though we are bor- benefit does not fall down to $516. That to make some remarks myself about rowing that too, that is all it will be. is the Democratic plan. The demo- Middle East policy in just a few min- Later, I was looking, while the gentle- cratic plan is to make sure that we utes. But when I heard about this drop woman was talking, I was looking work in a bipartisan way with the ma- in the Dow, I just wanted to state for through my notes, because that is the jority if we want to approach this issue the record, and my colleagues may not reason why democracy has to play a of Social Security. And the Democratic have heard it today, that the largest role here. Bipartisanship has to be a plan is to also get out the truth of the gain in the Dow Jones industrial aver- part of this debate. If bipartisanship fact that this is not a crisis. age took place today, the largest gain was a part of the debate, maybe we Ms. WASSERMAN SCHULTZ. That is in 2 years, and the largest gain in would not have been shocked later to right. about 9 months in the NASDAQ. So I find out that it would be $400 billion. Mr. MEEK of Florida. So that is the just wanted to say that, for the record Did it stop there? Well, sure enough, reason why some of the Members even we had an over-200 point gain in the after the bill was passed, it jumped up on the majority side are saying no can Dow today. How it fluctuates, I think to $530 billion. Now we are being told, do: I am not going to disrupt my con- that is just an important point I want- now, just recently, just a month ago, stituents and their way of life and add ed to make. we are being told that it will be $724 on to the party numbers of my district, Ms. WASSERMAN SCHULTZ. Mr. billion. This is real money. Meanwhile, because it is not right. And if it is not Speaker, that is an important point, community development block grants right, I do not care if you fly around and I appreciate the gentleman making are being cut. Meanwhile, we are say- for 160 days. It is not going to change that point. ing that, well, we are going to provide as long as you are talking about gam- But the point is that from one day to certain cuts here, certain cuts there, a bling with the Social Security and the the next, we had a 200-point swing. trade bill here. security of folks’ retirement. Now, is that what people are going to Where is my credit card? We are get- be comfortable with in terms of their ting the opportunity to pull out the So I can tell my colleague right now, retirement security, in terms of ensur- U.S. Treasury credit card here and say, I look forward to the day that Ameri- ing that they have at least a minimum well, that is fine, let us just put it on cans say, enough is enough, and that amount of money available for them the credit card; it is okay. we do not have to speak from the posi- when they retire? Because, for exam- We talk a little bit about responsi- tion of saying, well, we are informing ple, 20 percent of single retired women, bility within the family. I mean, my you; we will be actually doing it if we most of whom are widows, the only mom, when I used to be in college and were in control of this House, and that source of their income is their Social say, Hey, I need some money. Oh, just is what the debate is about. It is about Security. Now, if we invest it in the put it on a credit card, it will be okay. not only sharing with the Members stock market and privatize Social Se- She did not say that. She said, Either that if they get into this whole issue of curity, what are we going to do for you cannot do it because you do not believing the hype on the privatization those women when their nest egg that have the money, or you need to be able of Social Security and folks start los- they banked on is not there because of to generate the money to do it. Now, ing benefits, they are making a career fluctuations like the one that the gen- let me tell my colleagues something. I decision. They do not want to be in Congress, because I can tell my col- tleman from California (Mr. DREIER) think they are doing both. They are just referred to? I just wonder. generating the money, but they are league right now, when folks say, lis- Mr. MEEK of Florida. Well, that is generating it from the credit card. ten, I do not know what I have been important, and that is what happens Now, some may say, well, he is just doing; maybe I have been voting poli- when we start talking about investing talking. By the rules of this House, if tics over principle. Maybe I need to get private accounts in a private system; our leadership had the ability within back to voting principle over politics. we may say publicly traded or what- the rules, we definitely have the will, Well, they say that the guy that was ever the case may be. But I think it is but within the rules, if we can call a running against the other guy or the important to understand that what is committee meeting and call some of young lady, that they are tax and guaranteed also is the $940 billion to these individuals out of why we are spend. Well, you know, the evidence Wall Street that is guaranteed in the continuing to borrow and spend, bor- does not necessarily add up to be that proposal or the philosophy that indi- row and spend, borrow and spend. And way. viduals have, somewhere around that I am a Democrat. So when folks start So I love to talk about the Demo- number. talking about the definition of the tax cratic and the bipartisan proposal that Now, I do not have a problem with in- and spend, well, that is something that went down in this Chamber in 1986 and vestments, this, that, and the other; the majority side says, because that is even before then. That was bipartisan- but Social Security, like the gentle- not reality. The Democratic Congress ship. Even though a supermajority, all woman said, and her definition is Web- balanced the budget, I say to the gen- Democrats voted for it, some Repub- ster’s definition; it is not a DEBBIE tlewoman, and the Democratic Con- licans voted for it when Ronald Reagan WASSERMAN SCHULTZ’s definition. gress, along with many of the caucuses was in the White House, and we made But let me say, what is interesting within this side of the Chamber, works it happen. It is just that simple. here, Mr. Speaker, that we must pay day in and day out to talk about the Ms. WASSERMAN SCHULTZ. Mr. very close attention to is that there Federal debt and the irresponsible Speaker, the gentleman is absolutely are some very fine Members of this spending, if we want to talk about fu- right. We have to right the ship of Chamber that came to this Congress ture generations. state. I mean, it is keeling over right and we were here late one night in the The last point I want to make on this now. It is going to fall from the weight 108th Congress and talked about, well, particular subject, I am going to pick of the debt. I mean, why the Repub- this will be the number as it relates to up where I left off as it relates to what lican majority here will not listen to the medicare prescription drug issue. is the Democratic plan. Well, the Chairman Greenspan when he expresses We have a number; this is how much it Democratic plan is $555 on average ben- again and again, as recently as this will cost Americans. And some folks efit to 48 million Americans that re- week, again and again he has warned ran around here on the floor and gave ceive Social Security today. The us about the danger of the increasing emotional speeches about how we have Democratic plan keeps Social Security deficits.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2464 CONGRESSIONAL RECORD — HOUSE April 21, 2005 The leadership here is just ignoring power-wise to be able to educate and to What we have to do is we have to it. It is like they hope that if they ig- be able to have town hall meetings stand with our feet firmly planted on nore the problem long enough, maybe with some 300, well now 400-plus town the ground and say you have taken this it will go away. Maybe they will wake hall meetings that have taken place on country this far, no further. up, just like my kids hope that the this side of the aisle. Mr. MEEK of Florida. Yes, you are next day something that happened that And I can tell you that if someone right. And Congresswoman, I am going they did not like the day before will showed up and said that they support to thank you for being an active Mem- not be true when they wake up, like so privatization, they can come in the ber within the 30-something Working many of us do. But the worst night- town hall meeting. They are not say- Group and all the input, even when we mare is that when something bad hap- ing, okay, you need to go over here and are not on the floor in the discussion pens, when you wake up the next day, you need to wait outside, because you that we have on this issue. you cannot make it go away just by a are going to ask a question that we do Mr. Speaker, I want to make sure night’s sleep or ignoring it. It does not not want to answer right now. that Members are fully informed about work that way. We have to be respon- We are saying, bring it on. We want the fact that Leader PELOSI is out sible. That is the whole way we need to to answer those questions because we doing what she is doing. She will be deal with this Social Security problem. have the prima facie evidence to show speaking at Columbia University next Problem, not crisis. that what the President is talking Tuesday to young people on the issue We have a problem, but we need to be about is not necessarily going to ben- of Social Security in New York. It is responsible and take the time that we efit Social Security as we see it today. important that we continue to share need to address the problem and do it So we fight for those individuals that this information. right. We did not create this problem have sent us up here to deal with that. f overnight, and there is no miracle solu- Last point, and Congresswoman, we SUPPORT FOR THE IRAQI PEOPLE tion; there is no instantaneous solution have about 3 minutes left. I want to to this problem. The President has al- close. I want you to make your closing The SPEAKER pro tempore (Mr. ready acknowledged that privatization comments, then we will yield back our BOUSTANY). Under the Speaker’s an- does not even solve the problem. We time. But, it is important that we keep nounced policy of January 4, 2005, the need to make sure that we get privat- up the fight. And I want to commend gentleman from California (Mr. ization off the table so we can all sit some of my Members on the Repub- DREIER) is recognized for 60 minutes as down together, just like they did in lican side of this aisle that are saying, the designee of the majority leader. 1983, and find a bipartisan solution that no, I am not going to vote to privatize Mr. DREIER. Mr. Speaker, let me say we can all be comfortable with, or at Social Security. that I again thank both of my col- least that the majority can be com- I want to let them know that as a leagues earlier for yielding to me. And fortable with, because we will probably Member of this House, I commend I would invite them to stay and par- not get everybody. But the majority is them for that, but the American people ticipate if they would like, and I will willing to come to the table, it is just have a role to play too. They have to be happy to yield to them at any point. that the President needs to let go of an hold us accountable. If they do not I know it is now 10 minutes of 7:00 untenable proposal that the vast ma- hold us accountable, then the question and you would probably like to go. I jority of the people do not support. It will be asked of them, what were you would be happy to yield to my friends. is time to let it go, Mr. President. doing when all of this was happening? Mr. MEEK of Florida. We always ap- Mr. MEEK of Florida. Mr. Speaker, Did you call your Congressman or preciate your love and appreciation. the gentlewoman is right. We say this -woman? Were you involved? Did you Anytime we come before the Rules to make sure that the Members and write? Did you do op-eds to the editor? Committee, we would love to have our also the American people understand What did you do? amendments passed in your committee. 110 percent what we are dealing with Ms. WASSERMAN SCHULTZ. I agree So I would just say that and then here. We could have both been halfway with you. I am ready to stand and fight humbly walk out of the Chamber. home by now; but we have taken the and make sure that the security re- Mr. DREIER. I am happy to say to opportunity because this is a pivotal mains in Social Security. my friend, the gentleman from Florida time in history as we start looking at And, you know, just to close my por- (Mr. MEEK), that as you know, we were Social Security the way it is now and tion of this out, the illustrative thing particularly proud of the work product the way that it could be in the future. that I want to leave people with is we we have had over the last 2 days. Of the I read those medicare prescription are both under 40; that is why we are 30 amendments that were made in drug estimates that were given to us here. Our generation, my friends, your order, we saw 22 of those amendments officially in this House to serve as an friends, most of them when we chat made in order offered by colleagues on example of the misinformation that with them when we are out to dinner, your side of the aisle. takes place under this dome and the and we ask them whether they think And we continue to try to do every- misinformation that is given to Ameri- Social Security is likely to be there for thing we possibly can to ensure a free- cans. I talk a lot about the Potomac them when they retire, it is almost flowing debate on a wide range of two-step, but when it comes down to universal that the answer is no. issues. And obviously the existence of Social Security and you have one out In 37 years, 36 years, let us say 2041, these Special Orders does create an op- of six Americans that depends on this we are going to be 74 years old. You portunity to do just that. I thank you thing as it relates to the 48 million and I are 3 weeks apart. And I am 3 all very much for being here. that is out there, you cannot help but weeks younger, I might add. We are Mr. Speaker, I have taken this time think that if you are serving in a body going to be 74 years old. out this evening to talk about a very where the discussion is taking place, Now, when I learned that, I was important mission which took place not only in the halls, but in the news- amazed because I really was one of over the Easter District Work Period papers, you cannot help but say in the those people. Social Security will be with a number of our colleagues. And I future, when folks look back and they there, even if we do nothing, which is am very pleased to be joined here in say, well, what happened in the 109th not what we are advocating. We are ad- the Chamber by my very good friend, Congress and what role did you play to vocating take a little slower approach. the gentleman from Georgia (Mr. stop it? Let us make sure that we keep the se- GINGREY), who was a member of this curity in Social Security. delegation. b 1845 In 46 years, the outlying date for It also included, this was a rules I am proud to say, boldly and with a which insolvency is less likely to committee trip, it included the vice- chestful of air, the fact that the Demo- occur, we will be 84 years old. Now, chairman of the Rules Committee, the cratic leadership and Members that sit that is well within the number of gentleman from Florida (Mr. LINCOLN on this side of the Chamber are sleep- years, 20 years after retirement, that DIAZ-BALART); the chairman of the eth- ing with their fists balled up ready to we can ensure that Social Security will ics committee who is also a member of use any tool verbally possible and be there for us. the Rules Committee, the gentleman

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2465 from Washington (Mr. HASTINGS); and who delivered a phenomenal address to The world remembers in the early our friend from Ft. Lauderdale, we had a joint session of Congress here. And 1980s when that dynamic very, very, three Floridians actually, the gen- we, as I said a moment ago, also got to very bright leader, Anwar Sadat, who tleman from Florida (Mr. HASTINGS of see many of our troops, the courageous had been a leader in the region, was Florida); and we had another Floridian, men and women in uniform. brutally assassinated, and now we for as I said, the gentleman from Florida And as I said, Mr. GINGREY is here the last 2 decades have seen Hozni Mu- (Mr. CRENSHAW). with us on the House floor, but our en- barak as president. All of those people, So this 6–Member delegation specifi- tire delegation had the chance to stand all of those people military leaders in cally went during a 12-day period, dur- before a large group of Marines led by Egypt. ing that district work period to the my very good friend, Colonel Mike But, when we met with Prime Min- Middle East. We went to a grand total Shupp, who was there and was one of ister Nazif, he made it clear to us that of eight countries plus the Palestinian the key leaders in last November’s bat- the country is now moving for the first territories. tle of Fallujah, and to see the dedica- time ever towards multi-candidate And on this trip, Mr. Speaker, we tion and the resolve of our men and elections, that, again, a very encour- were able to go into Iraq and visit the women in uniform is something that is aging sign for us. He in fact went to different regions in Iraq. We went to inspiring to all of us. the extreme of saying they today regu- Fallujah, the Shiia area. We went into Mr. Speaker, to me, one of the most larly have to violate the Constitution Baghdad, the Sunni area, and then we amazing things from having witnessed of Egypt, it is understood that they went to Kirkuk in the north which is what we did in Iraq, is that we found have to violate the Constitution of President George W. Bush was abso- the Kurdish area. Egypt. Why? Because he described it as lutely right. He was absolutely right And we had a chance to visit with our a socialist constitution, the constitu- when he referred to the fact that by en- troops. We had a chance to meet with tion which was obviously wrought out couraging the effort to rid the Iraqi people who have been able to be among of the era of the Soviet Union; and it is people of Saddam Hussein and move in those 81⁄2 million Iraqis who on Janu- a constitution which clearly needs to the direction of free and fair elections, ary 30 of this year, for the first time in be rewritten, as they acknowledged to which, remember, many skeptics all half a century, participated in free and us, and it is something that clearly over the world, including here in the fair elections. And we were able to see will take place. United States, said could never happen, the struggle that is going on. He also, this is Prime Minister Nazif, how in the world could the Iraqi people Now, of course we continue to get referred to the fact that bold moves to- tragic news from Iraq. This morning we actually choose their own leaders? Well, the fact that President Bush in- wards economic liberalization are tak- got the report of 12 people who were sisted on doing that, he was right when ing place. In fact, one of the things tragically killed, a contract helicopter he said that the example that we will that struck us was the fact that in went down. We have had a number of see in Iraq will spread throughout the Egypt they have just reduced the top our Marines killed in recent days. region. Well, I have to admit I was not rate, the top corporate tax rate from 42 Just this past week, a very good quite as sanguine as he about this. I, of percent to 22 percent, knowing that friend who worked with my chief of course, as everyone did, hoped that this that is very important towards encour- staff, Brad Smith, who was in Iraq dur- would be the case, but I did not have aging economic growth. ing the month of January last year, she the degree of certainty that President was a relief worker there, was trag- b 1900 Bush obviously had. They also are looking for their com- ically killed. So, Mr. Speaker, we con- And I am so gratified that President parative advantage economically. tinue to have very, very tragic news Bush was absolutely right. And I am What is it that they are doing in that has come from Iraq. And we regu- able to provide this report, because Egypt? larly see reports of these tragedies. along with visiting Iraq, this great ex- We had the chance, my friend, the But the thing that was so incredible ample that we have now seen based on gentleman from Georgia (Mr. GINGREY) for this delegation, and I know repeat- what took place on January 30, we have and I and the rest of our delegation, to edly for colleagues of mine who have seen in country after country, people visit something known as the Smart had the chance to go to Iraq, is that it indicating, leaders indicating that has shocked many, including yours movements towards political plu- Village where many of the high tech truly, someone who was a strong sup- ralism, the rule of law, the develop- companies that are based here in the porter of the President, but believed ment of very important democratic in- United States have established new op- that maybe looking at the January 30 stitutions is on the move. It is on the erations. In fact, the great leader of elections, it might not have happened move today. Microsoft, Bill Gates, had dedicated a just right, so we might have considered Now, on this trip, as I said, as well as Microsoft facility in this Smart Village delaying that election. visiting Iraq, we went to Egypt. And in just outside Cairo, Egypt. And so we, I Well, thank God President Bush and Egypt we had a wide range of meetings believe, saw many, many great things Prime Minister Blair and other inter- with leaders in that country, including come from that visit. national leaders, and leaders in Iraq, it the new prime minister, who for the We also visited with the defense min- was a mixed view in Iraq, but thank past 8 months has served as prime min- ister. It was very impressive to see this God that they went ahead and insisted ister, Prime Minister Nazif. And he re- individual, who is obviously a strong on holding that election. Because they ferred to the fact that under President military leader, indicate when asked had a 58.5 percent turnout, as I said 81⁄2 Mubarak a decision has been made to the question, what would it be like, million Iraqis finally exercising the actually modify what is called article would it be possible for a nonmilitary right to begin the process in this elec- 76 of the Egyptian Constitution. That leader to actually be elected president tion of the 275-member transitional na- is an interesting irony that it is article of Egypt? And his response was, if the tional assembly. 76, because we all know what an impor- people of Egypt elect a nonmilitary And they elected this national as- tant number that is in this history of leader, so be it; that is the way it will sembly. They have put together a gov- the United States of America: 1776, the be. Another sign that was very, very ernment within the past couple of year that we declared our independ- encouraging in that country. weeks. And we in our meetings had the ence. We also had the chance to visit Jor- chance to meet with the now new But the change in article 76 in Egypt dan. In Jordan we met with the deputy prime minister; he had not been se- created an opportunity for President prime minister who is providing great lected by the transitional national as- Mubarak to establish a chance for leadership in the area of economic and sembly at the time, Ibrahim Jaffari. multi-candidate elections for the first political reform in the country. But we We met with the interim prime min- time in Egypt. We know that there also had a chance to meet with King ister, who is no longer prime minister, have been very bold, wonderful dy- Abdullah II. And we know that he has but was just for the third time yester- namic and strong military leaders in worked diligently to try to bring about day a target of an assassination at- Egypt, Gamal Abdel Nasser, who was a resolution to the Israeli-Palestinian tempt, that being Iyad Allawi, the man obviously a very, very strong leader. question.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2466 CONGRESSIONAL RECORD — HOUSE April 21, 2005 He, as a Western-educated individual, Well, we stood at the graveside site see more democracy take place is someone who has worked a lot to of Rafik Hariri, who tragically was as- throughout the world, it is obvious provide leadership on human rights sassinated and we stood with students that we will diminish the kind of issues for all in the Middle East. And in who said to us that they felt as if they threat that has existed for the United our meeting he referred to the fact had been in jail. And they said, We are States of America. that Jordan at that moment was not in in the process of breaking from this As we encourage economic growth in the forefront of political liberalization jail and we today are willing to give country after country, I am convinced in the region. He said to us that in 6 our lives to ensure that the people of that we will see a diminution in the at- months we will be in touch and he as- Lebanon will be free of Syrian control. traction that many young people, who sured us that Jordan will, in fact, be in They were inspired by a couple of fac- are hungry, have towards international the forefront. tors. The efforts that the United States terrorism. In fact, I remember talking And I was happy to see that just a and the Coalition forces put together to a number of people who said if we week or two ago he removed over half to allow the opportunity for the people had a percentage point or two of eco- of his cabinet and is obviously on the of Iraq to be free of Saddam Hussein nomic growth in Pakistan and Afghani- road towards creating the kind of polit- and to see 8.5 million of them partici- stan, we might have avoided what took ical liberalization to go hand in hand pate in their election, coupled with place on September 11 because many of with the very important economic lib- again, the tragic assassination of the the people who were involved in ter- eralization that he has already pur- revered former Prime Minister, Rafik rorism are seeking economic oppor- sued. We have been part of that, of Hariri. These events led to this huge tunity in so doing. course, by virtue of our having estab- uprising. Not all. I am not so naive as to be- lished a U.S.-Jordan free trade agree- I am very happy to report that this lieve that all are, but many people are ment. So we are very, very excited to afternoon, or this morning, I met with attracted because they have nothing see the things that took place there the deputy chief of mission, our deputy else to do and no economic oppor- and are continuing to take place there. chief of mission in Beirut. He was here tunity. We also had the chance to visit Israel in town, Chris Murray, and he talked So as we encourage the economic and and the Palestinian territories. Mr. about the reports that we have seen political liberalization that is taking Speaker, we all know what a challenge about 95 percent of the Syrian forces place today in the region, it clearly that has been for years and years and including the intelligence operation, will play a big role in focusing on sta- years, and we have seen attempts made along with the military leaving Leb- bility in that long troubled part of the to try and bring about a resolution. We anon, and he felt very strongly that by world; and at the same time it will happen to be in the Knesset just as the end of April we will see all of the play a big role in ensuring our national they completed the vote on what was Syrian forces out of Lebanon. security and the security of the neigh- called disengagement. It was a ref- The law calls for an election to be bors throughout that area. erendum on the government and it has held by the 31st of May. And we were Now, as I said, I was joined on this to do specifically with the disengage- there encouraging that election to take trip by five of my colleagues, and it is ment, the removal of 3,000 settlers from place. We are happy to get the report after 7 o’clock and we finished a very Gaza. And it was a vote that by a two- that every indication that we have is long night last night working on the to-one margin, nearly two-to-one mar- that the elections in Lebanon will, in energy bill. We finally completed that gin prevailed for the Sharon govern- fact, take place. And it was a great ex- this afternoon. I am very happy to be ment and an indication that great perience, a wonderful one, and very in- joined by a distinguished member of steps are being made towards the reso- spiring to see these courageous human the House Committee on Rules, who lution of the Israeli-Palestinian issue. beings. was a very important part of this dele- We also went to Ramallah in the Pal- We met with opposition members of gation. estinian territories and met with a parliament who were there, including a Mr. Speaker, I would like to yield to my friend from Marietta, Georgia (Mr. number of the leaders there, Hanan man called Mr. Hamadeh, who 6 GINGREY) at this time. Ashrawi, a woman who has been one of months ago was nearly killed, and you Mr. GINGREY. Mr. Speaker, I thank the great proponents of women’s rights could still see the burns on his face the gentleman chairman for yielding to and a leader in the Palestinian area. from a terrorist attack that he had suf- me. We met with the opponents of fered. But he was willing to stand up As he mentioned at the outset of his Mahmoud Abbas, Mr. Barghouti, and for the cause of freedom in this coun- remarks, I was one of a group of six we talked about the challenges that try. Mrs. Mouawad, who is the widow of Members primarily from the Com- exist in the relationship and the fact a former prime minister who, in 1991, mittee on Rules, we affectionately that on January 9 of this year 1 million had been assassinated, and a wide called it CODEL Dreier, and we had an Palestinians participated, following range of very dynamic leaders who are opportunity really to visit these 8 the death of Yasser Arafat, in this free looking forward to a strong future in countries and the Palestinian West and fair election, which is again an in- Lebanon. Bank as well. But I think more than dication that we are seeing great Now, one of the questions that exists anything else what we did in visiting progress made in that region. is the commitment of the United those countries is to let the people in One of the most moving experiences States and the international commu- the Middle East, and this was almost we had, of course, was when we went to nity for the future of Lebanon because exclusively a Middle Eastern trip, to Beirut, Lebanon. And in going to Leb- it is clear that over the past several let them know that we are their anon, Mr. Speaker, we were literally few decades we have had a mixed friends, to let them know that we are there on the heels of the tremendous record there in dealing with encourage- willing to reach out and to help solve uprising that we saw take place, prob- ment of support for the people of Leb- the myriad problems in the Middle ably 6 weeks ago at this point, when on anon. And I am very happy to say that East. Mr. Speaker, there is no question one occasion a quarter of a million this administration and the United that there are plenty of them. young people and other Lebanese gath- States Congress will stand proudly We are of course continuing to try to ered in what is now known as Martyr with the people of Lebanon as they help the Iraqi people as they build Square. And on another occasion a mil- pursue this goal of greater self-deter- their own government and stand up lion people gathered in Martyr Square. mination, free of Syrian control. their military so they can defend them- Why? To protest the fact that for 3 Mr. Speaker, it is important to note selves. They want democracy. They long decades the Syrians have basically that this is all in the interest of our have had a taste of it. So at these thrust themselves into and controlled national security. This is all in the in- many places that we stopped you could Lebanon. And we know that there has terest of the national security of the see it just sort of blossoming, bloom- been great civil strife in Lebanon in United States of America. President ing. And they seemed very, very appre- the past, but we have witnessed the Bush has said time and time again, ciative that we would meet and listen. Syrian involvement which has been so democratically elected leaders in coun- We did a whole lot of listening, Mr. extraordinarily great in that area. tries do not attack others. If we can Speaker; we did a little bit of talking.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2467 We had some formal sessions, but the United Nations Security Council countries had been strong opponents, mainly I think it was a great experi- the passage of Resolution 1559 which very strong opponents to our effort ence for us, but it was a great experi- called for the complete withdrawal of that had taken place in the Middle ence for them as well, as I say, to see Syrian forces. East and in Iraq. Members of Congress. I will never forget just looking into I will never forget the dinner that we It is not the easiest place in the the eyes of these young people who had in Brussels when a socialist mem- world to get to. It is certainly not what were there saying, We are willing to die ber of the European parliament from you would call a vacation paradise, to make sure that the people of Leb- Lisbon, Portugal, stood up, and he was like some folks would go on spring anon can be free of the kind of tyranny proud to be a socialist. We obviously break down to Panama City or some of that has been inflicted on us. Of course, disagreed on a wide range of issues, but the beautiful beaches in our country. It we have continued to see terrorist at- what he said was that in watching both was not anything at all like that, of tack after terrorist attack. Just a cou- the inaugural address and the State of course. ple of days before we were there, there the Union message delivered by Presi- But on one of the last days of our was a huge explosion in the printing dent Bush, in which he talked about trip, Mr. Speaker, we were actually on factory the Saturday before we went the struggle for freedom in Iraq and the island of Cyprus and had an oppor- in, and we decided it was very impor- other parts of the world, that he had tunity there to visit what they call the tant for us to go anyway so that we never been more proud to hear a state- Green Zone. It is a separation, demar- could encourage these people and let ment from a President of the United cation, almost like the DMZ, frozen in them know that the international com- States, and he had never been in such time since the uprisings between the munity stands behind them today and strong agreement or as inspired by a Greek Cypriots and the Turkish Cyp- this immediate struggle but will be statement of the President of the riots in 1974, I think. with them for the long pull as they do United States as he was by the state- But we discussed that separation, move towards these elections. ment from President Bush. In that that division, the fact that they had re- One of the things that I am very meeting that we had in Brussels, we cently had a referendum where one happy about is that we in the Congress were able to get into a number of very side, the north, the Turks were very have just played a role in helping in important issues with the Europeans much in favor of unification per the Lebanon, and it will be in other coun- that impact the United States. Kofi Annan plan from the United Na- tries, with the establishment of a new First and foremost, and one of the tions. And the Greek Cypriots were, I commission, the Democracy Advisory main reasons that I wanted to stop in think, 70 percent voted in opposition to Commission, that we are going to have Brussels to meet with members of the that. But we had an opportunity to that will provide a chance for Members European commission and European visit, to sit down, and just right across of the United States House of Rep- parliamentarians was that we wanted the table from the President of Cyprus, resentatives to directly work with our to ensure that we would not see the Eu- President Papadopoulos. counterparts and newly-elected par- ropean Union lift the arms embargo on And as the chairman said, we also liaments in other parts of the world, the sale of weapons to the People’s Re- had an opportunity to meet with the and obviously, Lebanon will, I believe, public of China. I have been very grati- Turkish Cypriot leader and let them be a very important part of that as fied and I know it was not just our ef- know that we are concerned and we they begin this rebuilding effort. fort because President Bush and Sec- care about what is going on with that, Mr. GINGREY. Mr. Speaker, if the retary of State Condoleezza Rice had I guess you could call it the ‘‘Gateway chairman would yield for a minute, very successful trips. The President to the Middle East.’’ there was certainly an opportunity to had one trip. Secretary of State Rice meet with those students in Beirut. Ac- has had three trips to Europe since she b 1915 tually, they were in a tent city and had has become Secretary of State, talking So there were so many things like been there protesting the Syrian in- about the need to ensure that there is that, almost like each day was another volvement in Lebanon, and they came not a lifting of the arms embargo. I am opportunity, and certainly, not the up to us. It was fairly early in the day. happy to see that since we were there least of which as the Chairman has just They probably just came out of the and since these other efforts have been pointed out, the time we spent in Leb- tents where their living conditions put into place that our European allies anon and visiting that grave site of were not so great. They were unshaven, have decided not to lift the arms em- former Prime Minister Hariri and the but as the Chairman pointed out, just bargo on the transfer of these weapons. poignant, very sad, but most impor- to look in their eyes, just to look in We have other trade disputes that tant, opportunity to meet and talk that deep feeling that we could see, it exist over the issue of Airbus, some with his widow. I thought that was a just came through, loud and clear. other measures that were put into unique opportunity for the group and I They care so much to have democracy place by the Europeans, and it is my appreciate the gentleman from Cali- and freedom: freedom of speech, free- hope that we can begin negotiations on fornia (Chairman DREIER) for arranging dom of the opportunity to vote, and a European Union-U.S. free trade that. freedom from outside interference with agreement that will allow us to address Mr. DREIER. Mr. Speaker, if I could their country. The Lebanese are very many of these concerns that are under- reclaim my time, I would say to my proud, proud people, as the chairman standable and have been there. friend, if we look at what it is that so pointed out, and that was a very im- Mr. Speaker, I would be happy to fur- many of these young people, in Leb- portant moment for me. ther yield. anon especially, stood for, there clearly Mr. DREIER. Mr. Speaker, I think it Mr. GINGREY. Mr. Speaker, as the was, as I was saying, a direct correla- is also important to note that on this gentleman will recall, as the chairman tion between what is taking place in trip we also had an opportunity, as we led this delegation, as he just men- Iraq and what it is that we are now see- were coming back, to stop and report tioned, in Brussels, that opportunity to ing take place there; the idea of seeing to our counterparts in the European meet with the European commission in country after country people saying parliament as we went to Brussels, Bel- and the EU, as well as visit NATO, if they can do it, then we can, too. gium. Actually, I spoke about this the which was a very good experience, but Now, Lebanon is a nation that has other day here on the House floor, Mr. we took an opportunity to let the Eu- had a long history of democracy. It has Speaker, when I introduced a resolu- ropean Union know, as the gentleman been a tradition there for many, many, tion calling for negotiations for a U.S.- from California (Chairman DREIER) many decades, but obviously, when EU free trade agreement. pointed out, how strongly we do feel they have struggled with this control One of the things that we have found about being in opposition to them lift- from Bashar al-Asad and Syria for such is we were reporting to European par- ing that arms embargo, particularly in a long period of time and his father be- liaments about the importance of this, light of the fact that in just a very re- fore that, Hafiz al-Asad, we need to do the developments that we are seeing in cent session of their people’s Congress, everything we can, and the United the region, and they were very encour- they voted unanimously an anti-seces- States played a big role in leading in aged. Of course, a number of these sion law which basically says that it is

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2468 CONGRESSIONAL RECORD — HOUSE April 21, 2005 illegal for the Republic of China, Tai- one thinks about the lives that have SENATE ENROLLED BILL SIGNED wan as we know it, to leave their coun- been lost, the more than 1,500 lives The SPEAKER announced his signa- try and they are still part of the main- that have been lost in Iraq, the lives ture to an enrolled bill of the Senate of land, according to this law. lost in Afghanistan and the American the following title: So we wanted to make sure, and I lives lost throughout history, and of think the chairman did an excellent S. 167. An act to provide for the protection course, the coalition forces in our en- of intellectual property rights, and for other job in his one-on-one discussion with tire struggle in the global war on ter- purposes. several leading members of the Euro- ror, all of this that has taken place is f pean commission, of how important it geared towards ensuring the safety and was to us for stability in that region, security of the American people, and ADJOURNMENT for stability in the Middle East. I that, again, it is in our interest to en- Mr. DREIER. Mr. Speaker, I move mean, I think that was, of all of the courage and pursue these kinds of de- that the House do now adjourn. diplomatic things that we were able to velopments. The motion was agreed to; accord- accomplish, and there were many on So I would like to just close by ex- ingly (at 7 o’clock and 28 minutes this 10-day trip, but I thought that was pressing my appreciation to my friend p.m.), under its previous order, the real significant. from Marietta who not only went on House adjourned until Monday, April Mr. DREIER. Well, I thank my friend the trip but stayed into Thursday 25, 2005, at noon. for his contribution. I want to say that evening for us to have a chance to talk f he was very helpful in that effort as about this important mission, but I well. also want to express my appreciation EXECUTIVE COMMUNICATIONS, Mr. Speaker, I would just like to say to all of our colleagues who took time ETC. that as we look at where we are headed out from this traditional district work Under clause 8 of rule XII, executive in the future, it seems to me that we period to make sure that we continue communications were taken from the have gotten to the point where there is to pursue and encourage the cause of Speaker’s table and referred as follows: an understanding that freedom, eco- freedom and stability throughout the 1709. A letter from the Acting Adminis- nomic freedom and political freedom, world. trator, AMS, Department of Agriculture, are interdependent. We need to do ev- So I thank my friend for his partici- transmitting the Department’s final rule — erything that we can to encourage peo- pation, and I thank our colleagues and Pistachios Grown in California; Establish- ple to choose their own leaders, to live I thank the American people, Mr. ment of Continuing Assessment Rate and Re- under the rule of law, and at the same Speaker, for the strong support that porting Requirements [Docket No. FV04-983- 2 FR] received March 4, 2005, pursuant to 5 time, we need to encourage economic they have provided in our quest to en- opportunity for people all over the U.S.C. 801(a)(1)(A); to the Committee on Ag- sure that we win this global war on ter- riculture. world. ror and expand political pluralism and 1710. A letter from the Congressional Re- One of the things that we have freedom for peoples throughout the view Coordinator, APHIS, Department of Ag- learned from this trip that we took is world. riculture, transmitting the Department’s that it is a God-given right and it is final rule — Citrus Canker; Quarantined something that everyone aspires to. f Areas [Docket No. 05-005-1] received Feb- The arrogance that has existed in the ruary 28, 2005, pursuant to 5 U.S.C. past, believing that somehow, some 801(a)(1)(A); to the Committee on Agri- SPECIAL ORDERS GRANTED people may not be educated enough or culture. have an understanding or they may be By unanimous consent, permission to 1711. A letter from the Congressional Re- address the House, following the legis- view Coordinator, APHIS, Department of Ag- tied to some tribe or some other enti- riculture, transmitting the Department’s ty, and so the notion of thinking that lative program and any special orders final rule — Agricultural Bioterrorism Pro- they might be able to play a role in heretofore entered, was granted to: tection Act of 2002; Possession, Use, and choosing their own leaders is extraor- (The following Members (at the re- Transfer of Biological Agents and Toxins dinary arrogance on the part of people quest of Ms. WOOLSEY) to revise and ex- [Docket No. 02-088-4] (RIN: 0579-AB47) re- who hold that view, because I believe tend their remarks and include extra- ceived March 18, 2005, pursuant to 5 U.S.C. that every single person on the face of neous material:) 801(a)(1)(A); to the Committee on Agri- the earth should have that opportunity Mr. SCHIFF, for 5 minutes, today. culture. 1712. A letter from the Director, Office of Ms. WOOLSEY, for 5 minutes, today. to be able to choose their own leaders, Legislative Affairs, Federal Deposit Insur- to be able to seek economic oppor- Mr. CUMMINGS, for 5 minutes, today. ance Corporation, transmitting the Corpora- tunity for themselves. Mr. BROWN of Ohio, for 5 minutes, tion’s final rule — Community Reinvestment Mr. GINGREY. Mr. Speaker, if the today. Act Regulations (RIN: 3064-AC82); Depart- chairman would yield, this is such an Mr. DEFAZIO, for 5 minutes, today. ment of the Treasury, Office of the Comp- important point that the chairman is Ms. KAPTUR, for 5 minutes, today. troller of the Currency [Docket No. 05-XX] making, and I hope my colleagues are Mr. MELANCON, for 5 minutes, today. (RIN: 1557-AC86), Office of Thrift Supervision listening because that reaching out, as Mr. LIPINSKI, for 5 minutes, today. [No. 2005-06] (RIN: 1550-AB91); Federal Re- serve System [Regulation BB; Docket No. R- I have said earlier, that is so impor- Ms. NORTON, for 5 minutes, today. ´ 1205] received April 5, 2005, pursuant to 5 tant. I do not think anybody could do Ms. LINDA T. SANCHEZ of California, U.S.C. 801(a)(1)(A); to the Committee on Fi- it any better than the gentleman from for 5 minutes, today. nancial Services. California (Chairman DREIER), and this (The following Members (at the re- 1713. A letter from the Legal Advisor/Chief, delegation showed them that we are quest of Mr. JONES of North Carolina) Wireless Telecom. Bureau, Federal Commu- very much willing to open our arms to revise and extend their remarks and nications Commission, transmitting the and our hearts and our support of the include extraneous material:) Commission’s final rule — Amendment of people in the Middle East in realizing, Mr. FOLEY, for 5 minutes, today. Part 22 of the Commission’s Rules To Benefit the Consumers of Air-Ground Telecommuni- Mr. PRICE of Georgia, for 5 minutes, as the chairman pointed out, that they cations Services [WT Docket No. 03-103] Bi- want to grasp hold to a little measure today. ennial Regulatory Review — Amendment of of that peace and liberty that, quite Mr. SHUSTER, for 5 minutes, today. Parts 1, 22, and 90 of the Commission’s Rules; honestly, people in our country, Mem- Ms. ROS-LEHTINEN, for 5 minutes, Amendment of Parts 1 and 22 of the Commis- bers of Congress as well, sort of fall April 26 and 27. sion’s Rules To Adopt Competitive Bidding into the trap of taking that for grant- Mr. FEENEY, for 5 minutes, today. Rules for Commercial and General Aviation ed. It is not something to be for grant- Mr. DAVIS of Kentucky, for 5 min- Air — Ground Radiotelephone Service [WT ed when we go to these countries, and utes, today. Docket No. 05-42] Application of Verizon Airfone Inc. for Renewal of 800 MHz Air- Mr. WILSON of South Carolina, for 5 we realize that they only have a very Ground Radiotelephone License, Call Sign small measure of it. So I thought that minutes, today. KNKG804 (File No. 0001716212) Received was extremely beneficial. Mr. LINCOLN DIAZ-BALART of Florida, March 18, 2005, pursuant to 5 U.S.C. Mr. DREIER. Mr. Speaker, the gen- for 5 minutes, today. 801(a)(1)(A); to the Committee on Energy and tleman is absolutely right, and when Mr. MCHENRY, for 5 minutes, today. Commerce.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2469

1714. A letter from the Director, Regula- 1723. A letter from the Assistant Secretary Mr. BAKER, Mr. WICKER, Mr. tions Policy and Management Staff, FDA, of Employment and Training, Department of HASTINGS of Washington, Mr. WALDEN Health and Human Services, transmitting Labor, transmitting the Department’s final of Oregon, Mr. SULLIVAN, Mr. the Department’s final rule — Establishment rule — Training and Employment Guidance BOUSTANY, Mr. REHBERG, Mr. POMBO, and Maintenance of Records Under the Pub- Letters 2-03, Change 1-Alternative Trade Ad- Mr. HOLDEN, Mr. LUCAS, Mr. TAYLOR lic Health Security and Bioterrorism Pre- justment Assistance (ATAA) for Older Work- of Mississippi, Mr. TAYLOR of North paredness and Response Act of 2002; Correc- ers Questions and Answers, and Change 2-Re- Carolina, Mr. BISHOP of Georgia, and tion [Docket No. 2002N-0277] received March quests for Certification Under the Alter- Mr. SALAZAR): 10, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to native Trade Adjustment Assistance (ATAA) H.R. 1749. A bill to amend the Federal the Committee on Energy and Commerce. Program for Certain Worker Groups Covered Water Pollution Control Act to affirm that a 1715. A letter from the Director, Regula- by Certified TAA Petitions, pursuant to 5 permit is not required in certain cir- tions Policy and Management Staff, FDA, U.S.C. 801(a)(1)(A); to the Committee on cumstances, and for other purposes; to the Health and Human Services, transmitting Ways and Means. Committee on Transportation and Infra- the Department’s final rule — Uniform Com- 1724. A letter from the Acting Chief, Publi- structure. pliance Date for Food Labeling Regulations cations and Regulations Branch, Internal By Mr. BOEHLERT: [Docket No. 2000N-1596] received March 30, Revenue Service, transmitting the Service’s H.R. 1750. A bill to establish a Grand Can- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule — Low-Income Housing Credit yon hydrogen-powered transportation re- Committee on Energy and Commerce. (Rev. Rul. 2005-16) received March 30, 2005, search, development, and demonstration pro- 1716. A letter from the Deputy Assistant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- gram; to the Committee on Science. Secretary for Export Administration, De- mittee on Ways and Means. By Mr. GOHMERT (for himself and Mr. partment of Commerce, transmitting the De- 1725. A letter from the Regulations Officer, WEINER): partment’s final rule — Revisions to the Ex- Social Security Administration, transmit- H.R. 1751. A bill to amend title 18, United port Administration Regulations based on ting the Administration’s final rule — Ex- States Code, to protect judges, prosecutors, the 2004 Missile Technology Control Regime panded Authority for Cross-Program Recov- witnesses, victims, and their family mem- Plenary Agreements; Additions to the Entity ery of Benefit Overpayments [Regulatinos bers, and for other purposes; to the Com- List; Revisions to the Missile Catch-All Con- No. 4, 8, and 16] (RIN: 0960-AG06) received mittee on the Judiciary. trols [Docket No. 050218043-5043-01] (RIN: April 8, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); By Mr. ADERHOLT: 0694-AD42) received March 8, 2005, pursuant to the Committee on Ways and Means. H.R. 1752. A bill to suspend temporarily the to 5 U.S.C. 801(a)(1)(A); to the Committee on duty on Polyethylene HE2591; to the Com- International Relations. f mittee on Ways and Means. 1717. A letter from the Acting Director, Of- REPORTS OF COMMITTEES ON By Mr. ANDREWS: fice of Government Ethics, transmitting the PUBLIC BILLS AND RESOLUTIONS H.R. 1753. A bill to provide financial assist- Office’s final rule — Technical Updating ance to law school graduates who choose to Amendments to Executive Branch Financial Under clause 2 of rule XIII, reports of accept employment in a public interest posi- Disclosure and Standards of Ethical Conduct committees were delivered to the Clerk tion; to the Committee on Education and the Regulations (RIN: 3209-AA00) received March for printing and reference to the proper Workforce. 18, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to calendar, as follows: By Mr. ANDREWS: the Committee on Government Reform. H.R. 1754. A bill to ensure that interest ac- 1718. A letter from the Assistant Secretary, Mr. BOEHNER: Committee on Education crues on overdue child support payments, Fish and Wildlife and Parks, Department of and the Workforce. H.R. 741. A bill to amend and for other purposes; to the Committee on the Interior, transmitting the Department’s the Occupational Safety and Health Act of Ways and Means. final rule — Revisions to General Permit 1970 to provide for judicial deference to con- By Mr. ANDREWS: Procedures (RIN: 1018-AC57) received April 6, clusions of law determined by the Occupa- H.R. 1755. A bill to amend the Social Secu- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the tional Safety and Health Review Commis- rity Act to require that anticipated child Committee on Resources. sion with respect to an order issued by the support be held in trust on the sale or refi- 1719. A letter from the Acting Director, Of- Commission; with an amendment. (Rept. 109– nancing of certain real property of an obli- fice of Sustainable Fisheries, NMFS, Na- 50). Referred to the Committee of the Whole gated parent; to the Committee on Ways and tional Oceanic and Atmospheric Administra- House on the State of the Union. Means. tion, transmitting the Administration’s final Mr. SENSENBRENNER: Committee on the By Mr. ANDREWS: rule — Fisheries of the Exclusive Economic Judiciary. H.R. 748. A bill to amend title 18, H.R. 1756. A bill to amend the Internal Rev- Zone Off Alaska; Pacific Cod by Catcher Ves- United States Code, to prevent the transpor- enue Code of 1986 to make the Hope and Life- sels Using Trawl Gear in the Bering Sea and tation of minors in circumvention of certain time Learning Credits refundable, and to Aleutian Islands Management Area [Docket laws relating to abortion, and for other pur- allow taxpayers to obtain short-term student No. 041126332-5039-02; I.D. 032305B] received poses; with an amendment (Rept. 109–51). Re- loans by using the future refund of such April 5, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); ferred to the Committee of the Whole House credits as collateral for the loans; to the to the Committee on Resources. on the State of the Union. Committee on Ways and Means. 1720. A letter from the Acting Director, Of- Mr. MANZULLO: Committee on Small By Mr. ANDREWS: fice of Sustainable Fisheries, NMFS, Na- Business. House Resolution 22. Resolution H.R. 1757. A bill to provide that a person tional Oceanic and Atmospheric Administra- expressing the sense of the House of Rep- who brings a product liability action in a tion, transmitting the Administration’s final resentatives that American small businesses Federal or State court for injuries sustained rule — Fisheries of the Exclusive Economic are entitled to a Small Business Bill of from a product that is not in compliance Zone Off Alaska; Yellowfin Sole by Vessels Rights; with amendments (Rept. 109–52). Re- with a voluntary or mandatory standard Using Trawl Gear in Bycatch Limitation ferred to the House Calendar. issued by the Consumer Product Safety Com- Zone 1 of the Bering Sea and Aleutian Is- f mission may recover treble damages, and for lands Management Area [Docket No. other purposes; to the Committee on the Ju- 041126332-5039-02; I.D. 031505B] received March PUBLIC BILLS AND RESOLUTIONS diciary, and in addition to the Committee on 30, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Under clause 2 of rule XII, public Energy and Commerce, for a period to be the Committee on Resources. bills and resolutions were introduced subsequently determined by the Speaker, in 1721. A letter from the Attorney-Advisor, each case for consideration of such provi- NHTSA, Department of Transportation, and severally referred, as follows: sions as fall within the jurisdiction of the transmitting the Department’s final rule — By Mr. NORWOOD (for himself, Mr. committee concerned. Federal Motor Vehicle Safety Standards; KINGSTON, Mr. DEAL of Georgia, Mr. By Mr. ANDREWS: Hyrdaulic and Electric Brake Systems LINDER, Mr. GARRETT of New Jersey, H.R. 1758. A bill to amend the Controlled [Docket No. NHTSA-04-19892] (RIN: 2127-AI63) Mr. AKIN, and Mr. BURTON of Indi- Substances Act to provide penalties for open received January 31, 2005, pursuant to 5 ana): air drug markets, and for other purposes; to U.S.C. 801(a)(1)(A); to the Committee on H.R. 1748. A bill to require labor organiza- the Committee on the Judiciary, and in addi- Transportation and Infrastructure. tions to guarentee members the opportunity tion to the Committee on Energy and Com- 1722. A letter from the Chief, Regulations to vote on contracts prior to work stoppage; merce, for a period to be subsequently deter- Branch, Customs and Border Protection, De- to the Committee on Education and the mined by the Speaker, in each case for con- partment of Homeland Security, transmit- Workforce. sideration of such provisions as fall within ting the Department’s final rule — Extension By Mr. OTTER (for himself, Mr. the jurisdiction of the committee concerned. of Important Restrictions Imposed on Cer- CARDOZA, Mr. DUNCAN, Mr. SIMPSON, By Mr. ANDREWS: tain Categories of Archaeological Material Mr. NORWOOD, Mr. LEWIS of Ken- H.R. 1759. A bill to amend title 38, United from the Prehispanic Cultures of the Repub- tucky, Mr. TERRY, Mr. HOSTETTLER, States Code, to authorize the use of edu- lic of El Salvador [CBP Dec. 05-10] (RIN: 1505- Mr. DOOLITTLE, Mr. KUHL of New cational assistance under the Montgomery AB56) received March 4, 2005, pursuant to 5 York, Mr. PETERSON of Minnesota, GI Bill to pay Federal student loans; to the U.S.C. 801(a)(1)(A); to the Committee on Mr. CANNON, Miss MCMORRIS, Mr. Committee on Veterans’ Affairs, and in addi- Ways and Means. OSBORNE, Mr. GOODLATTE, Mr. BERRY, tion to the Committee on Armed Services,

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2470 CONGRESSIONAL RECORD — HOUSE April 21, 2005

for a period to be subsequently determined education loans; to the Committee on Ways HASTINGS of Florida, Mr. HIGGINS, by the Speaker, in each case for consider- and Means. Mr. HOLDEN, Mr. HOLT, Mr. HONDA, ation of such provisions as fall within the ju- By Mr. FORD (for himself, Mr. KEN- Ms. HOOLEY, Mr. INSLEE, Mr. ISRAEL, risdiction of the committee concerned. NEDY of Rhode Island, and Mr. Ms. JACKSON-LEE of Texas, Mr. JACK- By Ms. BALDWIN (for herself, Mr. ENGLISH of Pennsylvania): SON of Illinois, Mr. JEFFERSON, Mrs. OBEY, Mr. SENSENBRENNER, Mr. H.R. 1767. A bill to encourage savings, pro- JOHNSON of Connecticut, Mr. JOHNSON PETRI, Mr. KIND, Mr. GREEN of Wis- mote financial literacy, and expand opportu- of Illinois, Ms. EDDIE BERNICE JOHN- consin, Ms. MOORE of Wisconsin, and nities for young adults by establishing KIDS SON of Texas, Ms. KAPTUR, Mr. KEN- Mr. RYAN of Wisconsin): Accounts; to the Committee on Ways and NEDY of Rhode Island, Mr. KILDEE, H.R. 1760. A bill to designate the facility of Means. Ms. KILPATRICK of Michigan, Mr. the United States Postal Service located at By Mr. FOSSELLA (for himself and KIRK, Mr. KUCINICH, Mr. LANGEVIN, 215 Martin Luther King, Jr. Boulevard in Mr. CROWLEY): Mr. LANTOS, Mr. LARSEN of Wash- Madison, Wisconsin, as the ‘‘Robert M. La H.R. 1768. A bill to amend the provision of ington, Mr. LARSON of Connecticut, Follette, Sr. Post Office Building‘‘; to the law establishing the Presidential 9/11 Heroes Mr. LEACH, Ms. LEE, Mr. LEVIN, Mr. Committee on Government Reform. Medals of Valor to make certain technical LEWIS of Georgia, Mr. LIPINSKI, Ms. By Mr. BECERRA (for himself, Mr. corrections to carry out the intent of the ZOE LOFGREN of California, Mrs. RANGEL, Mr. TOWNS, Ms. MILLENDER- provision; to the Committee on Financial LOWEY, Mr. LYNCH, Mrs. MALONEY, MCDONALD, Mr. ABERCROMBIE, Mr. Services. Mr. MARKEY, Mr. MARSHALL, Ms. OWENS, Mr. GEORGE MILLER of Cali- By Mr. FOSSELLA: MATSUI, Mrs. MCCARTHY, Ms. MCCOL- fornia, Mr. FRANK of Massachusetts, H.R. 1769. A bill to authorize a national LUM of Minnesota, Mr. MCDERMOTT, Ms. KILPATRICK of Michigan, Mr. memorial to commemorate the final resting Mr. MCGOVERN, Mr. MCNULTY, Mr. GUTIERREZ, Ms. ROYBAL-ALLARD, Mr. place of those lost at the World Trade Center MEEHAN, Mr. MEEKS of New York, Mr. KUCINICH, Mr. MCDERMOTT, and Ms. on September 11, 2001, and for other pur- MENENDEZ, Mr. MICHAUD, Ms. SOLIS): poses; to the Committee on Resources. MILLENDER-MCDONALD, Mr. MILLER H.R. 1761. A bill to amend title II of the So- By Mr. GALLEGLY: of North Carolina, Mr. GEORGE MIL- H.R. 1770. A bill to require employers at cial Security Act and the Internal Revenue LER of California, Mr. MOORE of Kan- critical infrastructure sites to participate in Code of 1986 to coordinate the threshold re- sas, Mr. MORAN of Virginia, Mr. NAD- the pilot program for employment eligibility quirement for coverage of domestic employ- LER, Mrs. NAPOLITANO, Mr. NEAL of verification, and for other purposes; to the ees under Social Security with the amount Massachusetts, Ms. NORTON, Mr. Committee on the Judiciary. required for a quarter of coverage; to the OLVER, Mr. OWENS, Mr. PALLONE, Mr. By Mr. GONZALEZ (for himself, Mr. Committee on Ways and Means. PASCRELL, Mr. PAYNE, Mr. PETERSON HINOJOSA, Mr. CUELLAR, Mr. ORTIZ, By Mr. CANTOR (for himself, Mrs. of Minnesota, Mr. PRICE of North Mr. REYES, and Mr. DOGGETT): JOHNSON of Connecticut, Mr. JINDAL, Carolina, Mr. RANGEL, Mr. REYES, H.R. 1771. A bill to amend the Internal Rev- and Mr. FEENEY): Mr. ROTHMAN, Ms. ROYBAL-ALLARD, enue Code of 1986 to clarify that a NADBank H.R. 1762. A bill to amend the Internal Rev- Mr. RUSH, Mr. RYAN of Ohio, Ms. guarantee is not considered a Federal guar- enue Code of 1986 to allow look-through LINDA T. SA´ NCHEZ of California, Ms. antee for purposes of determining the tax-ex- treatment of payments between related for- LORETTA SANCHEZ of California, Ms. empt status of bonds; to the Committee on eign corporations; to the Committee on SCHAKOWSKY, Mr. SCHIFF, Mr. Ways and Means. Ways and Means. SERRANO, Mr. SHAYS, Mr. SHERMAN, By Mr. HAYWORTH (for himself, Mr. By Mr. CARTER (for himself, Mr. Ms. SLAUGHTER, Mr. SMITH of Wash- GIBBONS, Mr. DREIER, Mr. PAUL, Mr. GREEN of Wisconsin, and Mr. ington, Mr. SMITH of New Jersey, Ms. WILSON of South Carolina, Mr. GOHMERT): SOLIS, Mr. SPRATT, Mr. STARK, Mr. H.R. 1763. A bill to increase criminal pen- ENGLISH of Pennsylvania, and Mr. STRICKLAND, Mrs. TAUSCHER, Mr. alties relating to terrorist murders, deny OTTER): THOMPSON of Mississippi, Mr. THOMP- Federal benefits to terrorists, and for other H.R. 1772. A bill to amend the Internal Rev- SON of California, Mr. TIERNEY, Mr. purposes; to the Committee on the Judici- enue Code of 1986 to treat gold, silver, plat- TOWNS, Mrs. JONES of Ohio, Mr. ary. inum, and palladium, in either coin or bar UDALL of Colorado, Mr. UDALL of New By Mr. CUMMINGS (for himself, Mr. form, in the same manner as equities and Mexico, Mr. VAN HOLLEN, Ms. OWENS, Mr. BISHOP of Georgia, Mr. mutual funds for purposes of the maximum VELA´ ZQUEZ, Ms. WASSERMAN CONYERS, and Mrs. MCCARTHY): capital gains rate for individuals; to the SCHULTZ, Ms. WATERS, Ms. WATSON, H.R. 1764. A bill to authorize the Secretary Committee on Ways and Means. Mr. WAXMAN, Mr. WEINER, Mr. of Education to make grants to States to es- By Ms. HERSETH (for herself, Mr. WEXLER, Ms. WOOLSEY, Mr. WU, and tablish statewide screening programs for FALEOMAVAEGA, Mr. EVANS, Mr. Mr. WYNN): children who are 5 to 7 years of age to pre- MICHAUD, Mr. REYES, Ms. BERKLEY, H.R. 1774. A bill to designate certain Fed- Mr. UDALL of New Mexico, Mr. ABER- vent reading failure; to the Committee on eral land in the State of Utah as wilderness, CROMBIE, Ms. BORDALLO, Mr. SAND- Education and the Workforce. and for other purposes; to the Committee on ERS, Mr. GRIJALVA, Ms. KILPATRICK of By Mr. TOM DAVIS of Virginia (for Resources. Michigan, Mr. CASE, Mr. PALLONE, himself, Mr. PORTER, Mr. HOYER, Mr. By Mr. HULSHOF: LEWIS of Kentucky, Mr. MCHUGH, Mr. Mr. OBERSTAR, and Mr. BOOZMAN): H.R. 1775. A bill to suspend temporarily the H.R. 1773. A bill to amend title 38, United WOLF, Mr. ALEXANDER, Mr. PUTNAM, duty on Thiacloprid; to the Committee on States Code, to make permanent the Native Mr. RUPPERSBERGER, Mrs. JO ANN Ways and Means. American Veteran Housing Loan Program, DAVIS of Virginia, Mr. SANDERS, Mr. By Mr. RYAN of Wisconsin (for him- and for other purposes; to the Committee on PAYNE, Mr. VAN HOLLEN, Mr. ALLEN, self, Mr. FEENEY, Mr. HENSARLING, Veterans’ Affairs. Mr. CUMMINGS, Mr. FARR, Mr. Mr. MCHENRY, Mr. BARRETT of South By Mr. HINCHEY (for himself, Mr. PALLONE, Mr. MORAN of Virginia, Mr. Carolina, Mr. FRANKS of Arizona, and ACKERMAN, Mr. ALLEN, Mr. ANDREWS, OWENS, Mr. TIERNEY, Mr. WAXMAN, Mrs. NORTHUP): Mr. WEXLER, Mr. WYNN, Mr. DAVIS of Mr. BAIRD, Ms. BALDWIN, Mr. BAR- H.R. 1776. A bill to reform Social Security Illinois, Mr. FRANK of Massachusetts, ROW, Mr. BARTLETT of Maryland, Mr. by establishing a Personal Social Security Mr. GRIJALVA, Ms. NORTON, Mr. RUSH, BECERRA, Ms. BERKLEY, Mr. BERMAN, Savings Program and to provide new limita- Mr. WEINER, Mr. CONYERS, Mrs. Mrs. BIGGERT, Mr. BISHOP of New tions on the Federal Budget; to the Com- MALONEY, Ms. WATSON, Mr. York, Mr. BLUMENAUER, Mr. BOU- mittee on Ways and Means, and in addition MCDERMOTT, and Mr. BROWN of Ohio): CHER, Ms. CORRINE BROWN of Florida, to the Committees on the Budget, and Rules, H.R. 1765. A bill to amend the Internal Rev- Mr. BROWN of Ohio, Mr. BUTTERFIELD, for a period to be subsequently determined enue Code of 1986 to exclude from gross in- Mrs. CAPPS, Mr. CAPUANO, Mr. by the Speaker, in each case for consider- come amounts paid on behalf of Federal em- CARDIN, Mr. CASE, Mr. CHANDLER, ation of such provisions as fall within the ju- ployees under Federal student loan repay- Mrs. CHRISTENSEN, Mr. CLAY, Mr. risdiction of the committee concerned. ment programs, and for other purposes; to CLYBURN, Mr. COOPER, Mr. CONYERS, By Mr. HULSHOF: the Committee on Ways and Means, and in Mr. COSTELLO, Mr. CROWLEY, Mr. H.R. 1777. A bill to suspend temporarily the addition to the Committee on Government CUMMINGS, Mr. DAVIS of Illinois, Mrs. duty on Pyrimethanil; to the Committee on Reform, for a period to be subsequently de- DAVIS of California, Mr. DEFAZIO, Ms. Ways and Means. termined by the Speaker, in each case for DEGETTE, Mr. DELAHUNT, Ms. By Mr. HULSHOF: consideration of such provisions as fall with- DELAURO, Mr. DICKS, Mr. DOGGETT, H.R. 1778. A bill to suspend temporarily the in the jurisdiction of the committee con- Mr. EMANUEL, Ms. ESHOO, Mr. EVANS, duty on Foramsulfuron; to the Committee on cerned. Mr. FARR, Mr. FATTAH, Mr. FILNER, Ways and Means. By Mr. ENGLISH of Pennsylvania: Mr. FRANK of Massachusetts, Mr. By Mr. HULSHOF: H.R. 1766. A bill to amend the Internal Rev- GONZALEZ, Mr. GORDON, Mr. GENE H.R. 1779. A bill to suspend temporarily the enue Code of 1986 to simplify the determina- GREEN of Texas, Mr. GRIJALVA, Mr. duty on Fenamidone; to the Committee on tion and deduction of interest on qualified GUTIERREZ, Ms. HARMAN, Mr. Ways and Means.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2471

By Mr. HULSHOF: MCGOVERN, Mr. EHLERS, Mr. HOLT, health flexible spending arrangement that H.R. 1780. A bill to suspend temporarily the Mr. BUTTERFIELD, Ms. BALDWIN, and are unused during a plan year to be carried duty on Cyclanilide Technical; to the Com- Mr. HONDA): over to subsequent plan years or deposited mittee on Ways and Means. H.R. 1793. A bill to promote fusion energy into certain health or retirement plans; to By Mr. JENKINS: development in the United States; to the the Committee on Ways and Means. H.R. 1781. A bill to suspend temporarily the Committee on Science. By Mr. RYUN of Kansas (for himself, duty on para-Benzoquinone; to the Com- By Mrs. MALONEY (for herself, Mr. Mr. GARRETT of New Jersey, Mr. mittee on Ways and Means. SHAYS, Mr. WEINER, Mr. OWENS, and BAKER, Mr. HENSARLING, Mr. GRAVES, By Mr. JENKINS: Mrs. MCCARTHY): Mr. TIAHRT, Mr. KENNEDY of Min- H.R. 1782. A bill to suspend temporarily the H.R. 1794. A bill to direct the Secretary of nesota, and Mr. EVERETT): duty on palmitic acid; to the Committee on Homeland Security to procure the develop- H.R. 1804. A bill to prescribe the oath of re- Ways and Means. ment and provision of improved and up-to- nunciation and allegiance for purposes of the By Mr. JENKINS: date communications equipment for the New Immigration and Nationality Act; to the H.R. 1783. A bill to suspend temporarily the York City Fire Department, including ra- Committee on the Judiciary. duty on Anisidine; to the Committee on dios; to the Committee on Energy and Com- By Ms. SLAUGHTER (for herself and Ways and Means. merce. Mr. MCHUGH): By Mr. JENKINS: By Mrs. MALONEY (for herself, Mr. H.R. 1805. A bill to establish the position of H.R. 1784. A bill to suspend temporarily the OWENS, Mr. ISRAEL, and Mr. Northern Border Coordinator in the Depart- duty on Tetrakis; to the Committee on Ways SERRANO): ment of Homeland Security; to the Com- and Means. H.R. 1795. A bill to amend the Robert T. mittee on Homeland Security. By Mr. JENKINS: Stafford Disaster Relief and Emergency As- By Mr. STRICKLAND (for himself, Mr. H.R. 1785. A bill to suspend temporarily the sistance Act to modify the terms of the com- KING of New York, Mr. HOLDEN, and duty on 2,4-Xylidine; to the Committee on munity disaster loan program, to authorize Mr. KENNEDY of Rhode Island): Ways and Means. assistance under that program for losses re- H.R. 1806. A bill to require prisons and By Mr. JENKINS: lated to the terrorist attacks of September other correctional facilities holding Federal H.R. 1786. A bill to suspend temporarily the 11, 2001, and for other purposes; to the Com- prisoners under a contract with the Federal duty on Crotonaldehyde; to the Committee mittee on Transportation and Infrastruc- Government to make the same information on Ways and Means. ture. available to the public that Federal prisons By Mr. JENKINS: By Ms. MCCOLLUM of Minnesota (for and correctional facilities are required to do H.R. 1787. A bill to suspend temporarily the herself, Mr. GRIJALVA, Ms. CORRINE by law; to the Committee on the Judiciary. duty on t-Butyl acrylate; to the Committee BROWN of Florida, Ms. BALDWIN, Ms. By Ms. VELA´ ZQUEZ (for herself, Mr. on Ways and Means. BORDALLO, Mr. BOSWELL, Mr. BERRY, GUTIERREZ, Ms. LEE, Mr. OWENS, and By Mr. JENKINS: and Mr. SABO): Mr. CROWLEY): H.R. 1788. A bill to suspend temporarily the H.R. 1796. A bill to amend the National H.R. 1807. A bill to amend the Public duty on propyl gallate; to the Committee on Trails System Act to designate the route of Health Service Act to prohibit discrimina- Ways and Means. the Mississippi River from its headwaters in tion regarding exposure to hazardous sub- By Mr. KENNEDY of Rhode Island (for the State of Minnesota to the Gulf of Mexico stances, and for other purposes; to the Com- himself and Mr. RAMSTAD): for study for potential addition to the Na- mittee on Energy and Commerce. H.R. 1789. A bill to educate health profes- tional Trails System as a national scenic By Mr. WALDEN of Oregon (for himself sionals concerning substance use disorders trail, national historic trail, or both, and for and Mr. DAVIS of Florida): and addiction; to the Committee on Energy other purposes; to the Committee on Re- H.R. 1808. A bill to amend the Federal and Commerce. sources. Food, Drug, and Cosmetic Act to create a By Mr. KLINE (for himself, Mr. PAUL, By Miss MCMORRIS (for herself, Mr. uniform certification standard for Internet Mr. KENNEDY of Minnesota, Mr. SAM DICKS, and Mr. KILDEE): pharmacies and to prohibit Internet phar- JOHNSON of Texas, Mrs. EMERSON, Mr. H.R. 1797. A bill to provide for equitable macies from engaging in certain advertising FRANKS of Arizona, Mr. BURTON of In- compensation to the Spokane Tribe of Indi- activities, to prohibit the use of certain bank diana, Mr. LATOURETTE, Mr. SOUDER, ans of the Spokane Reservation for the use instruments for purchases associated with il- of tribal land for the production of hydro- Mr. GUTKNECHT, Mr. BARRETT of legal Internet pharmacies, and for other pur- power by the Grand Coulee Dam, and for South Carolina, Mr. PENCE, Mr. poses; to the Committee on Energy and Com- other purposes; to the Committee on Re- LEWIS of Kentucky, Mr. HOSTETTLER, merce, and in addition to the Committee on sources. Mr. WICKER, Mr. WILSON of South Financial Services, for a period to be subse- Carolina, and Mr. BOEHNER): By Mr. PALLONE: H.R. 1798. A bill to amend the Outer Conti- quently determined by the Speaker, in each H.R. 1790. A bill to protect children and case for consideration of such provisions as their parents from being coerced into admin- nental Shelf Lands Act to permanently pro- hibit the conduct of offshore drilling on the fall within the jurisdiction of the committee istering a controlled substance or a psycho- concerned. tropic drug in order to attend school, and for outer Continental Shelf in the Mid-Atlantic and North Atlantic planning areas; to the By Mr. WELDON of Florida: other purposes; to the Committee on Edu- H.R. 1809. A bill to amend the Internal Rev- Committee on Resources. cation and the Workforce. enue Code of 1986 to repeal the 1993 income By Mr. LEWIS of Kentucky (for him- By Mr. PETERSON of Pennsylvania: H.R. 1799. A bill to extend the duty suspen- tax increase on Social Security benefits to self, Mr. CHANDLER, Mr. ROGERS of sion on ORGASOL polyamide powders; to the increase the age at which distributions must Kentucky, Mr. WHITFIELD, Mr. DAVIS Committee on Ways and Means. commence from certain retirement plans of Kentucky, Mr. TANNER, Mr. By Mr. PETRI: from 70 1/2 to 80; to the Committee on Ways HENSARLING, Mr. JENKINS, Mr. SIM- H.R. 1800. A bill to provide for the estab- and Means. MONS, Mr. TERRY, Mrs. JO ANN DAVIS lishment and maintenance of personal Social By Mr. YOUNG of Alaska: of Virginia, Mr. PETRI, Mr. NEY, Mr. Security investment accounts under the So- H.R. 1810. A bill to expand Alaska Native KENNEDY of Minnesota, Mr. MILLER cial Security system; to the Committee on contracting of Federal land management of Florida, Mr. COBLE, Mr. DOYLE, Ways and Means. functions and activities and to promote hir- Mr. WILSON of South Carolina, Mr. By Mr. PRICE of North Carolina (for ing of Alaska Natives by the Federal Govern- BURTON of Indiana, Mr. BONILLA, Mr. himself, Mr. ETHERIDGE, Mr. MCIN- ment within the State of Alaska, and for FOLEY, Mr. PAUL, Mr. RADANOVICH, TYRE, Mr. WATT, Mr. BERRY, Mr. HIN- other purposes; to the Committee on Re- Mr. BOEHNER, Mr. SESSIONS, Mr. CHEY, Mr. MCDERMOTT, Mr. OWENS, sources. SHAW, Mr. TOWNS, Mr. CARDOZA, Mr. Mr. PAYNE, Mr. GUTIERREZ, Ms. By Mr. YOUNG of Alaska: CUNNINGHAM, Mr. HASTINGS of Wash- CORRINE BROWN of Florida, Mr. CHAN- H.R. 1811. A bill to amend the Alaska Na- ington, Mr. ROGERS of Michigan, and DLER, Mr. STRICKLAND, and Mr. MIL- tive Claims Settlement Act to provide for Mr. CULBERSON): LER of North Carolina): equitable allotment of lands to Alaska Na- H.R. 1791. A bill to amend the Internal Rev- H.R. 1801. A bill to establish a national tive veterans; to the Committee on Re- enue Code of 1986 to reduce the rate of tax on teaching fellowship program to encourage sources. distilled spirits to its pre-1985 level; to the individuals to enter and remain in the field By Mr. TANCREDO (for himself, Mr. Committee on Ways and Means. of teaching at public schools; to the Com- BARTLETT of Maryland, and Mr. By Mr. LOBIONDO (for himself and Mr. mittee on Education and the Workforce. JONES of North Carolina): KENNEDY of Rhode Island): By Mr. REHBERG: H.J. Res. 43. A joint resolution proposing H.R. 1792. A bill to amend the Older Ameri- H.R. 1802. A bill to amend the Tariff Act of an amendment to the Constitution of the cans Act of 1965 to authorize appropriations 1930 with respect to the marking of imported United States to establish English as the of- for fiscal years 2006 through 2010 for nutri- live bovine animals; to the Committee on ficial language of the United States; to the tion services for older individuals; to the Ways and Means. Committee on the Judiciary. Committee on Education and the Workforce. By Mr. ROYCE: By Mr. ANDREWS (for himself, Mr. By Ms. ZOE LOFGREN of California H.R. 1803. A bill to amend the Internal Rev- BILIRAKIS, Mrs. MALONEY, Mr. (for herself, Mr. CUNNINGHAM, Mr. enue Code of 1986 to allow amounts in a MCGOVERN, and Ms. WATSON):

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2472 CONGRESSIONAL RECORD — HOUSE April 21, 2005

H. Con. Res. 137. Concurrent resolution ex- Vietnam to the Communist forces of North H.R. 341: Mr. ROGERS of Kentucky, Mr. pressing the sense of the Congress regarding Vietnam; to the Committee on International KUHL of New York, and Mr. SCHWARZ of Turkey’s claims of sovereignty over islands Relations. Michigan. and islets in the Aegean Sea; to the Com- By Ms. MCCOLLUM of Minnesota (for H.R. 371: Mr. PLATTS. mittee on International Relations. herself and Ms. WATSON): H.R. 408: Mr. SHERMAN. By Mr. FOSSELLA: H. Res. 229. A resolution supporting the H.R. 414: Mr. FRANK of Massachusetts, Mr. H. Con. Res. 138. Concurrent resolution ex- people of the Togolese Republic in their de- TIBERI, Mr. TERRY, and Mrs. WILSON of New pressing the sense of Congress that the sire for free, fair, and open elections and the Mexico. United States Postal Service should issue a establishment of a democratic, representa- H.R. 415: Mr. MCCOTTER, Mr. MCGOVERN, commemorative postage stamp honoring fa- tive government; to the Committee on Inter- Mr. BRADLEY of New Hampshire, Mr. TERRY, mous Staten Island-born 19th Century Hud- national Relations. Mrs. WILSON of New Mexico, Mr. HYDE, and son River Painter Jasper Francis Cropsey, By Mr. ROSS: Mr. WHITFIELD. and the Citizens’ Stamp Advisory Committee H. Res. 230. A resolution to express the H.R. 500: Mr. PUTNAM, Mr. TIAHRT, Mr. should recommend to the Postmaster Gen- sense of the House of Representatives that CHOCOLA, Mr. SODREL, Mr. HAYES, Mr. BRADY eral that such a stamp be issued; to the Com- the Federal Communications Commission of Texas, Mr. SHADEGG, Mr. CONAWAY, Mrs. mittee on Government Reform. should reconsider and revise rules governing MYRICK, Mr. SULLIVAN, Mr. KELLER, and Mr. By Mr. NEY: broadband over power line systems based on PRICE of Georgia. H. Res. 224. A resolution providing for the a comprehensive evaluation of the inter- H.R. 515: Mr. LIPINSKI. expenses of certain committees of the House ference potential of those systems to public H.R. 535: Ms. LORETTA SANCHEZ of Cali- of Representatives in the One Hundred Ninth safety services and other licensed radio serv- fornia. Congress; to the Committee on House Ad- ices; to the Committee on Energy and Com- H.R. 554: Mr. ISSA and Mr. DANIEL E. LUN- ministration. merce. GREN of California. By Ms. JACKSON-LEE of Texas (for By Mr. RUSH (for himself and Mr. H.R. 581: Mr. LAHOOD. H.R. 586: Mr. CALVERT, Mr. SIMPSON, and herself, Mr. BURTON of Indiana, Mr. WHITFIELD): LANTOS, Ms. BERKLEY, Mrs. JONES of H. Res. 231. A resolution recognizing and Mr. SHIMKUS. H.R. 631: Mr. PASTOR. Ohio, Mr. CLYBURN, Mr. SHIMKUS, Mr. celebrating the life and accomplishments of H.R. 633: Ms. MOORE of Wisconsin. WELDON of Florida, Mr. BARTON of the great African American jockey Jimmy H.R. 659: Mr. UDALL of New Mexico. Texas, Ms. NORTON, and Mr. HASTINGS ‘‘Wink’’ Winkfield and the significant con- H.R. 668: Ms. SLAUGHTER. of Florida): tributions and excellence of other African H.R. 669: Mr. STUPAK and Ms. LINDA T. H. Res. 225. A resolution recognizing the American jockeys and trainers in the sport SA´ NCHEZ of California. historic steps India and Pakistan have taken of horse racing and the history of the Ken- toward achieving bilateral peace; to the H.R. 670: Mr. KIND and Mr. PORTER. tucky Derby; to the Committee on Govern- H.R. 687: Mr. HOLDEN. Committee on International Relations. ment Reform. By Ms. BALDWIN (for herself, Mr. H.R. 699: Mr. BOYD, Ms. WATSON, Mr. SCHWARZ of Michigan, Mr. UDALL of Colo- OBEY, Mr. SENSENBRENNER, Mr. f rado, Mr. INSLEE, Mr. SIMPSON, Mr. PETRI, Mr. KIND, Mr. GREEN of Wis- ADDITIONAL SPONSORS MCDERMOTT, Mr. WALDEN of Oregon, Mr. consin, Ms. MOORE of Wisconsin, and DICKS, Mr. RANGEL, Ms. HERSETH, Mr. Mr. RYAN of Wisconsin): Under clause 7 of rule XII, sponsors H. Res. 226. A resolution honoring the life were added to public bills and resolu- GRIJALVA, Mr. HASTINGS of Florida, and Mr. and legacy of Robert ‘‘Fighting Bob’’ La tions as follows: BUTTERFIELD. H.R. 719: Mr. PRICE of North Carolina and Follette, Sr; to the Committee on House Ad- H.R. 11: Mr. COLE of Oklahoma and Mr. Mr. PASTOR. ministration. UDALL of Colorado. H.R. 745: Mr. JONES of North Carolina. By Mr. TOM DAVIS of Virginia (for H.R. 19: Mr. SESSIONS. H.R. 747: Mr. KIND, Mr. FORD, and Mr. himself, Mr. FALEOMAVAEGA, Mr. H.R. 98: Mr. GARY G. MILLER of California. PAYNE. WILSON of South Carolina, Ms. ROS- H.R. 128: Mr. MCINTYRE, Mr. EMANUEL, Mr. H.R. 748: Mr. SCHWARZ of Michigan. LEHTINEN, Mr. JINDAL, Mr. MENEN- BOEHLERT, Mr. CLEAVER, Mr. LIPINSKI, Mr. H.R. 759: Ms. LINDA T. SA´ NCHEZ of Cali- DEZ, Mr. LANTOS, Mr. MCNULTY, Ms. GERLACH, Mr. CLAY, Mr. DAVIS of Alabama, fornia. WATSON, Mr. CROWLEY, Mr. PALLONE, Mr. AL GREEN of Texas, Ms. MOORE of Wis- H.R. 771: Ms. SCHAKOWSKY, Mr. JONES of Mr. CANNON, Mrs. BLACKBURN, Mrs. consin, Ms. MCKINNEY, Mr. SCOTT of Vir- North Carolina, Mr. GENE GREEN of Texas, CAPITO, Mr. CHOCOLA, Mr. ENGLISH of ginia, Ms. WATSON, Mr. WATT, Mr. and Mr. CARDOZA. Pennsylvania, Mr. LEWIS of Cali- FITZPATRICK of Pennsylvania, Mr. H.R. 783: Mr. DAVIS of Illinois, Mr. FER- fornia, Mr. SWEENEY, Mr. RENZI, Mr. RUPPERSBERGER, Mr. HOLT, and Mrs. GUSON, Mr. PALLONE, Mr. PASCRELL, and Mr. FRANKS of Arizona, Mr. SOUDER, Mrs. MALONEY. PAUL. MILLER of Michigan, Ms. FOXX, Mr. H.R. 134: Mrs. JONES of Ohio and Mr. H.R. 792: Mr. KUHL of New York. AXMAN ERMAN YNN W , Mr. B , Mr. W , Ms. WEINER. H.R. 800: Mr. FORBES. LORETTA SANCHEZ of California, Mr. H.R. 193: Mr. GUTIERREZ, Mr. SCHIFF, Ms. H.R. 808: Mr. BISHOP of Georgia, Mr. HASTINGS of Florida, Mr. RANGEL, Mr. WATSON, Mr. GRIJALVA, Mrs. CHRISTENSEN, BLUMENAUER, Mrs. CAPPS, Mr. DAVIS of Illi- TURNER, Mr. HOLT, Mr. SHAYS, Mr. Ms. SOLIS, Ms. ZOE LOFGREN of California, nois, Mr. HAYES, Mr. KILDEE, Mr. LAHOOD, MORAN of Virginia, Mr. CHANDLER, and Ms. MILLENDER-MCDONALD. Mr. LANTOS, Mrs. LOWEY, Mrs. MALONEY, Mr. Ms. ZOE LOFGREN of California, Mr. H.R. 209: Ms. LEE. MCDERMOTT, Mr. PORTER, Mr. ROSS, Mr. COX, Mr. PORTER, Mr. NEY, Mr. SMITH H.R. 239: Mr. BARRETT of South Carolina, Salazar, Mr. SANDERS, Mr. SCHWARZ of of New Jersey, Mrs. CAPPS, Mr. Mr. GARRETT of New Jersey, Mr. CONAWAY, Michigan, Mr. UDALL of New Mexico, Mr. KNOLLENBERG, Mr. MURPHY, Mr. and Mr. EHLERS. WILSON of South Carolina, Mr. EMANUEL, and MCKEON, Mr. DUNCAN, Mr. GIBBONS, H.R. 282: Mr. PUTNAM, Mrs. NORTHUP, Mr. Mr. NEUGEBAUER. Mr. PEARCE, Mr. WELLER, Mrs. BONO, KING of Iowa, Mr. BARROW, and Miss H.R. 827: Mr. GILLMOR. Mr. SHUSTER, Mr. HYDE, Mr. BONILLA, MCMORRIS. H.R. 838: Mr. STUPAK. Mr. WALDEN of Oregon, Mr. FOLEY, H.R. 283: Mr. KILDEE, Mr. PAYNE, Mr. H.R. 880: Mr. CASE. Mr. PLATTS, and Mr. ISSA): CUMMINGS, Mr. TOWNS, Mr. GRIJALVA, and H.R. 887: Mr. SOUDER. H. Res. 227. A resolution recognizing and Mr. GONZALEZ. H.R. 897: Mr. LEWIS of Kentucky and Mr. honoring the contributions of Indian Ameri- H.R. 297: Mr. UDALL of Colorado and Mr. LATOURETTE. cans to economic innovation and society CARDIN. H.R. 925: Mr. ROYCE and Mr. CULBERSON. generally; to the Committee on Government H.R. 302: Mr. RUPPERSBERGER, Mr. LANTOS, H.R. 930: Mr. FORBES. Reform. and Mr. SHERMAN. H.R. 939: Mr. BRADY of Pennsylvania. By Mr. TOM DAVIS of Virginia (for H.R. 303: Mr. HIGGINS, Ms. BALDWIN, Mr. H.R. 944: Mr. PALLONE, Mr. RANGEL, and himself, Ms. ZOE LOFGREN of Cali- SHERMAN, and Mr. TIERNEY. Mr. PRICE of North Carolina. fornia, Ms. LORETTA SANCHEZ of Cali- H.R. 305: Mr. OTTER, Mr. RAMSTAD, Mr. H.R. 948: Mr. ISRAEL. fornia, Mr. SMITH of New Jersey, Mr. NORWOOD, Mr. COLE of Oklahoma, Mr. PRICE H.R. 952: Mr. PRICE of North Carolina. BECERRA, Ms. SOLIS, Ms. WATSON, Ms. of Georgia, Mr. HOEKSTRA, and Mr. BURTON H.R. 968: Mr. UDALL of New Mexico, Mr. ROYBAL-ALLARD, Ms. WATERS, Ms. of Indiana. MOORE of Kansas, Mr. SCHWARZ of Michigan, MILLENDER-MCDONALD, Mrs. H.R. 311: Mr. MILLER of North Carolina, Mr. GUTIERREZ, Mr. MCKEON, Mr. BARROW, NAPOLITANO, Ms. LINDA T. SA´ NCHEZ of Mr. HIGGINS, Mr. PRICE of North Carolina, Mr. CARDOZA, Mr. COSTELLO, Mr. JACKSON of California, Mr. FILNER, Mr. FARR, Mr. Ms. MATSUI, Mrs. CHRISTENSEN, Mr. PALLONE, Illinois, and Mr. MORAN of Kansas. AKIN, Ms. WOOLSEY, Mr. EDWARDS, Mr. SCHIFF, Mr. CHANDLER, and Mr. ROTH- H.R. 977: Mr. PAUL, Mr. GARRETT of New Mr. HONDA, Mr. MORAN of Virginia, MAN. Jersey, Mr. OTTER, Mr. WILSON of South Mr. WOLF, Mr. LINCOLN DIAZ-BALART H.R. 312: Mr. MURPHY, Mr. NORWOOD, Mr. Carolina, Mr. WICKER, and Mr. KUHL of New of Florida, and Mr. BERMAN): COOPER, Mr. CASE, and Mr. MOORE of Kansas. York. H. Res. 228. A resolution observing the 30th H.R. 328: Mr. BISHOP of Georgia and Mr. H.R. 978: Mr. PAUL, Mr. GARRETT of New anniversary of the fall of the Republic of PASTOR. Jersey, Mr. OTTER, Mr. WILSON of South

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 21, 2005 CONGRESSIONAL RECORD — HOUSE H2473

Carolina, Mr. WICKER, and Mr. KUHL of New H.R. 1295: Mr. ISRAEL, Mr. FITZPATRICK of H.R. 1526: Mr. CAPUANO, Mr. OLVER, Mr. York. Pennsylvania, Mr. LAHOOD, and Mr. BISHOP BLUMENAUER, Mr. CUMMINGS, Mr. JOHNSON of H.R. 979: Mr. PAUL, Mr. GARRETT of New of Georgia. Illinois, Ms. SCHAKOWSKY, Mrs. JONES of Jersey, Mr. OTTER, Mr. WILSON of South H.R. 1306: Mr. LATHAM and Mr. PETRI. Ohio, Mr. WEXLER, Mr. PASTOR, Mr. UDALL of Carolina, Mr. WICKER, and Mr. KUHL of New H.R. 1312: Mr. CUMMINGS, Mr. ENGEL, Mr. Colorado, and Ms. MATSUI. York. HOLT, Mr. KENNEDY of Rhode Island, Mr. H.R. 1545: Mr. TOWNS and Mr. BRADLEY of H.R. 980: Mr. PAUL, Mr. GARRETT of New LANGEVIN, Ms. LEE, Mr. MATSUI, Mr. New Hampshire. Jersey, Mr. OTTER, Mr. WILSON of South MCDERMOTT, Mr. PALLONE, Mr. WAXMAN, Mr. H.R. 1575: Mr. TAYLOR of North Carolina Carolina, Mr. WICKER, and Mr. KUHL of New WEXLER, and Ms. WOOLSEY. and Mr. PASCRELL. York. H.R. 1316: Mrs. CUBIN. H.R. 1581: Mr. NEUGEBAUER and Mrs. H.R. 981: Mr. PAUL, Mr. GARRETT of New H.R. 1317: Mr. PRICE of North Carolina. MUSGRAVE. Jersey, Mr. OTTER, Mr. WILSON of South H.R. 1321: Mr. STUPAK. H.R. 1588: Mr. CHANDLER. Carolina, Mr. WICKER, and Mr. KUHL of New H.R. 1333: Mr. FRANK of Massachusetts, Mr. H.R. 1595: Mr. KILDEE, Mr. BISHOP of Geor- York. NEAL of Massachusetts, Mr. SIMMONS, Mr. gia, and Mr. LIPINSKI. H.R. 985: Mr. GILCHREST, Mr. BOEHNER, LAHOOD, and Mrs. WILSON of New Mexico. H.R. 1602: Mr. UDALL of Colorado. Mrs. MALONEY, Mr. PRICE of North Carolina, H.R. 1335: Mr. RANGEL, Mr. OWENS, Mr. H.R. 1608: Mr. SALAZAR and Mr. EVANS. Mr. GINGREY, Mr. COBLE, Mr. MOORE of Kan- YOUNG of Alaska, Mr. RUSH, and Mr. HOLDEN. H.R. 1630: Ms. NORTON, Ms. MILLENDER- sas, Mr. BISHOP of New York, Ms. SOLIS, Mr. H.R. 1345: Mr. SENSENBRENNER. MCDONALD, Mr. CUMMINGS, Mr. WEINER, Mr. PALLONE, Ms. KAPTUR, Ms. MATSUI, Mr. H.R. 1352: Mr. CROWLEY, Ms. SOLIS, Ms. BOSWELL, Mr. PASCRELL, Mr. BLUMENAUER, SANDERS, Mr. ROTHMAN, Mr. KUCINICH, Mr. SLAUGHTER, Mr. EHLERS, Mr. STUPAK, Mr. Mr. CHANDLER, and Ms. CARSON. KIND, Ms. BERKLEY, Mr. BAIRD, Ms. BOSWELL, Mr. LIPINSKI, Mr. RANGEL, Mr. H.R. 1631: Mr. SIMMONS, Ms. NORTON, Ms. SCHAKOWSKY, Ms. WOOLSEY, Mr. ROSS, Mr. HINOJOSA, Ms. WASSERMAN SCHULTZ, Mrs. ´ MILLENDER-MCDONALD, Mr. BISHOP of New HONDA, Ms. VELAZQUEZ, Mr. COOPER, Mrs. NAPOLITANO, Mr. ORTIZ, Mr. BACA, Mr. York, Mr. WEINER, Mr. BOSWELL, Mr. TAUSCHER, Mr. CRAMER, Mr. HINOJOSA, Mr. GRIJALVA, Mr. REYES, Mr. PASTOR, Ms. MAT- BLUMENAUER, Mr. CHANDLER, and Ms. CAR- GUTIERREZ, Mr. BACA, Mr. FILNER, and Mr. SUI, Mr. WAXMAN, Mr. HONDA, and Ms. SON. STARK. HOOLEY. H.R. 997: Mr. GOHMERT and Mr. H.R. 1635: Mr. PORTER, Mr. ROGERS of H.R. 1364: Mr. ACKERMAN. HOSTETTLER. Michigan, and Mr. SIMMONS. H.R. 1365: Mr. CLEAVER, Mr. WATT, and Mr. H.R. 998: Mr. KELLER. C OLLUM BISHOP of Georgia. H.R. 1636: Ms. M C of Minnesota, Mr. H.R. 1000: Mrs. MALONEY. ALLEN, and Mr. EHLERS. H.R. 1386: Mr. BUTTERFIELD. H.R. 1028: Mr. PAUL, Mr. GARRETT of New H.R. 1389: Mr. MARKEY. H.R. 1642: Mr. PRICE of Georgia. Jersey, Mr. OTTER, Mr. WILSON of South H.R. 1405: Mr. PALLONE. H.R. 1648: Mr. DAVIS of Florida, Mr. CLAY, Carolina, and Mr. WICKER. H.R. 1408: Mr. ISSA. Mr. CLYBURN, and Ms. KILPATRICK of Michi- H.R. 1059: Mr. SERRANO. H.R. 1409: Mr. PAYNE and Ms. JACKSON-LEE gan. H.R. 1092: Mr. NORWOOD, Mr. HENSARLING, of Texas. H.R. 1651: Mr. SESSIONS and Mr. BONILLA. Mrs. CUBIN, Mr. PLATTS, Mr. TANCREDO, and H.R. 1413: Ms. DELAURO, Mr. JEFFERSON, H.R. 1652: Ms. SOLIS, Mr. OLVER, and Ms. Mr. GARY G. MILLER of California. and Mrs. CAPPS. SCHAKOWSKY. H.R. 1105: Mr. PASCRELL. H.R. 1664: Mr. MCDERMOTT and Ms. WOOL- H.R. 1119: Mr. SALAZAR. H.R. 1420: Mr. EDWARDS. SEY. H.R. 1120: Mrs. BONO, Ms. MCCOLLUM of H.R. 1424: Mr. DAVIS of Alabama, Mr. ROTH- H.R. 1666: Mr. EMANUEL and Mr. LARSEN of Minnesota, and Mr. GENE GREEN of Texas. MAN, Ms. DELAURO, Mr. JEFFERSON, Ms. WA- Washington. H.R. 1125: Mr. PORTER. TERS, Mr. CLYBURN, Mr. SCOTT of Virginia, H.R. 1133: Ms. PELOSI. Mr. WATT, Mr. FATTAH, Mr. FORD, and Mr. H.R. 1674: Mr. GILCHREST, Mr. BAIRD, Mr. H.R. 1157: Mr. TOWNS. AL GREEN of Texas. CASE, Ms. BORDALLO, and Mr. MCDERMOTT. H.R. 1175: Mr. SOUDER. H.R. 1426: Mr. BISHOP of New York, Mr. H.R. 1690: Mr. GONZALEZ, Mr. WOLF, Mr. H.R. 1182: Mr. PRICE of North Carolina, ROGERS of Kentucky, and Mr. DAVIS of Illi- RANGEL, Ms. ESHOO, and Mr. Mrs. MALONEY, Mr. CROWLEY, Mr. CLAY, Mr. nois. RUPPERSBERGER. BISHOP of Georgia, Ms. LEE, Mr. RANGEL, Mr. H.R. 1435: Mr. TOWNS, Mr. MCNULTY, Mr. H.R. 1696: Mr. LANGEVIN, Mr. ROTHMAN, Ms. SCOTT of Virginia, Mr. LEWIS of Georgia, OLVER, Mr. BRADY of Pennsylvania, Mr. HERSETH, Mr. SMITH of Washington, Mr. GOR- Mrs. JONES of Ohio, Mr. BUTTERFIELD, Ms. FRANK of Massachusetts, Mr. BERMAN, Mr. DON, Mr. LATOURETTE, Mr. PASCRELL, Mr. MOORE of Wisconsin, Mr. CUMMINGS, Ms. PALLONE, Mr. KUCINICH, and Ms. WOOLSEY. EVANS, and Ms. MOORE of Wisconsin. MCKINNEY, Ms. JACKSON-LEE of Texas, Ms. H.R. 1441: Mr. GUTIERREZ, Mr. KILDEE, Mr. H.R. 1736: Mr. CULBERSON. KILPATRICK of Michigan, Mr. CLYBURN, Mr. OWENS, Ms. SLAUGHTER, Mr. MOORE of Kan- H.R. 1741: Mrs. MILLER of Michigan. PAYNE, Ms. WATSON, Mr. FATTAH, Mr. MEEKS sas, and Mr. MORAN of Virginia. H.J. Res. 10: Mr. OXLEY. of New York, Mr. DAVIS of Alabama, Mr. H.R. 1443: Mr. MCCOTTER, Mr. KILDEE, Mr. H.J. Res. 16: Mr. DELAY. CLAY, and Mrs. CAPITO. GUTIERREZ, and Mr. THOMPSON of Mississippi. H.J. Res. 23: Mr. TAYLOR of Mississippi and H.R. 1220: Mr. FOLEY, Mr. MCGOVERN, and H.R. 1447: Mr. ABERCROMBIE. Mr. GIBBONS. H.R. 1469: Mr. BISHOP of Utah. Mr. MCHUGH. H. Con. Res. 9: Ms. LEE. H.R. 1222: Mr. LARSON of Connecticut and H.R. 1500: Mr. GARRETT of New Jersey. H. Con. Res. 40: Ms. MOORE of Wisconsin. Ms. SCHWARTZ of Pennsylvania. H.R. 1505: Mr. KELLER, Ms. HERSETH, Mr. H. Con. Res. 71: Mr. KUHL of New York, Mr. H.R. 1224: Mr. GILLMOR. GUTKNECHT, Mr. BILIRAKIS, Mr. YOUNG of BISHOP of Georgia, Mr. FRANK of Massachu- H.R. 1237: Mr. STUPAK. Florida, Mr. MCCAUL of Texas, Mrs. BIGGERT, setts, and Ms. BERKLEY. H.R. 1242: Mr. WOLF, Mr. FILNER, and Mr. Mr. BACHUS, Mrs. MILLER of Florida, Ms. H. Con. Res. 83: Mr. DAVIS of Kentucky. LYNCH. SOLIS, Mr. BEAUPREZ, Mr. JONES of North H. Con. Res. 90: Mr. INSLEE and Mr. H.R. 1245: Mr. ANDREWS, Mr. SNYDER, Mr. Carolina, Mr. BOOZMAN, Mr. HENSARLING, Mr. PLATTS. DICKS, Mr. ENGEL, and Ms. SLAUGHTER. TIBERI, Mr. MCHENRY, Mr. FEENEY, Mr. H. Con. Res. 99: Mr. HONDA. H.R. 1246: Mr. HENSARLING. MACK, Mrs. CUBIN, Mr. GERLACH, Mr. BUR- H.R. 1248: Mr. DEAL of Georgia. GESS, Mr. FRANKS of Arizona, Mr. WELLER, H. Con. Res. 120: Mr. KIND, Mr. H.R. 1251: Mr. PASCRELL. and Mr. RENZI. BLUMENAUER, Mr. GUTIERREZ, Mr. DEFAZIO, H.R. 1273: Mr. BARRETT of South Carolina. H.R. 1517: Mr. WELLER, Mr. OTTER, Mr. and Mr. WEXLER. H.R. 1279: Mr. SOUDER, Mrs. CAPITO, and PITTS, Mrs. BIGGERT, Mrs. CUBIN, Mr. H. Con. Res. 127: Mr. JACKSON of Illinois. Mr. GENE GREEN of Texas. CONAWAY, Ms. HART, Mr. TAYLOR of North H. Con. Res. 128: Mr. DAVIS of Illinois. H.R. 1282: Mr. GENE GREEN of Texas and Carolina, and Mr. TIBERI. H. Res. 30: Mr. CARDOZA and Mr. OBERSTAR. Mr. FATTAH. H.R. 1520: Mr. UDALL of Colorado. H. Res. 137: Mr. EDWARDS and Mr. BACHUS.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H2474 CONGRESSIONAL RECORD — HOUSE April 21, 2005 H. Res. 167: Mr. KING of New York. H. Res. 212: Ms. SLAUGHTER, Mr. DELETIONS OF SPONSORS FROM H. Res. 193: Mr. CONAWAY, Mrs. MILLER of FITZPATRICK of Pennsylvania, Mr. MARKEY, PUBLIC BILLS AND RESOLUTIONS Michigan, Mr. PUTNAM, Mr. KELLER, Mr. Mr. SIMMONS, Mr. MCHUGH, Mr. WEXLER, Mr. Under clause 7 of rule XII, sponsors BOYD, Mr. MCCAUL of Texas, Mr. FORTUN˜ O, BOREN, and Mr. FORBES. and Mr. DELAY. were deleted from public bills and reso- H. Res. 214: Mr. ADERHOLT. H. Res. 200: Ms. ZOE LOFGREN of California lutions as follows: H. Res. 216: Mr. GILLMOR. and Mr. PASCRELL. H.R. 1095: Mr. SHAYS.

VerDate Aug 31 2005 07:22 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H21AP5.REC H21AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE 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, THURSDAY, APRIL 21, 2005 No. 49 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, Again, we will alert Members when called to order by the Honorable JOHN PRESIDENT PRO TEMPORE, we have locked in the exact time of the ENSIGN, a Senator from the State of Washington, DC, April 21, 2005. stacked votes later today. Nevada. To the Senate: I yield the floor. Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby f PRAYER appoint the Honorable JOHN ENSIGN, a Sen- MORNING BUSINESS The Chaplain, Dr. Barry C. Black, of- ator from the State of Nevada, to perform fered the following prayer: the duties of the Chair. The ACTING PRESIDENT pro tem- Let us pray. TED STEVENS, pore. Under the previous order, there Lord God Almighty, Maker of heaven President pro tempore. will be a period for the transaction of and Earth, Creator of humanity in Mr. ENSIGN thereupon assumed the morning business for up to 60 minutes, Your own image, we rejoice because of chair as Acting President pro tempore. with the first half of the time under the control of the majority leader or Your strength. Lord, from the quiet- f ness that heals, from the searching his designee and the second half of the that reveals, guide Your Senators into RESERVATION OF LEADER TIME time under the control of the Demo- channels of faithful service. Use them The ACTING PRESIDENT pro tem- cratic leader or his designee. to bind up the wounds of the broken, pore. Under the previous order, the The Senator from South Dakota. the disinherited, and the rejected. leadership time is reserved. f Teach them to bring harmony from dis- JUDICIAL NOMINATIONS cord and hope from despair. Help them f to daily celebrate life in all its myriad RECOGNITION OF THE MAJORITY Mr. THUNE. Mr. President, I rise aspects. May they never lose their zeal LEADER today in morning business to speak about a matter of great importance, in working to make our planet a place The ACTING PRESIDENT pro tem- of peace. and that is our broken judicial nomina- pore. The majority leader is recog- tion and confirmation process. As Sen- Bless the men and women of our mili- nized. tary as they sacrifice to keep us free. ators, we have sworn to support and de- Shower them with eternal blessings. f fend the Constitution, and on the issue of judicial nominations the Constitu- We praise You, Lord, for all Your glo- SCHEDULE rious power. Let the works of our tion is straightforward. It states that mouths and the meditations of our Mr. FRIST. Mr. President, today we the President nominates judges and the hearts bring glory to Your Name. will begin with a 1-hour period for Senate has the duty to give its advice Amen. morning business. We will finish the and consent on those nominations. For emergency supplemental appropria- over 200 years, that is exactly how it f tions bill during today’s session. The worked, regardless of which party was PLEDGE OF ALLEGIANCE order from last night provides for up to in power. three votes, including final passage, Over the past 2 years, the Democrat The Honorable JOHN ENSIGN led the and those votes will be stacked for a minority has attempted to change the Pledge of Allegiance, as follows: time certain late this afternoon. We rules and stand 200 years of Senate tra- I pledge allegiance to the Flag of the also have an agreement to consider the dition on its head. The Democrat mi- United States of America, and to the Repub- nomination of John Negroponte to be nority now thinks that 41 Senators lic for which it stands, one nation under God, Director of National Intelligence. We should be able to dictate to the Presi- indivisible, with liberty and justice for all. will debate that nomination today and dent which judges he can nominate. f stack that vote to occur with the re- The minority also thinks that it should maining votes on the emergency sup- be able to prevent the rest of the Sen- APPOINTMENT OF ACTING plemental bill. ate from fulfilling its constitutional PRESIDENT PRO TEMPORE I thank Chairman COCHRAN and Sen- duty of voting up or down on judicial The PRESIDING OFFICER. The ator BYRD for their hard work on the nominees. clerk will please read a communication appropriations measure. That bill will The Democrats’ position is contrary to the Senate from the President pro go to conference next week, and we to our Constitution, our Senate tradi- tempore (Mr. STEVENS). hope that we can have a conference re- tions, and the will of the American The legislative clerk read the fol- port available in a reasonable period of people as expressed at the ballot box lowing letter: time. this past November. It must stop.

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

S4041

.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4042 CONGRESSIONAL RECORD — SENATE April 21, 2005 The advice and consent provision in have farmers going into the field, the had, and that is the chance to be voted the Constitution has served us for over tourism industry is starting its season, on in the Senate. 214 years up until the last Congress. so we need to do something to help be- I fully support what the other side is That meant that the Senate should come energy independent. I am very in- saying about wanting to debate these vote, and for over 200 years no nominee terested in the issue of renewable fuels. nominees. Let us do it. I am certainly with majority support has been denied I want to see as big a renewable fuels willing and hopeful that we will be able an up-or-down vote in this body, zero. standard as we can get on the Energy to engage in a spirited and vigorous de- The Democrats have said that they bill, but we have to get it on the floor bate. Let us debate, but then let us have confirmed 98 percent of the Presi- to debate it first. We cannot have these vote. dent’s nominees. The actual number is attempts, these threats—and I hope I yield the floor. 89 percent. But even at that, are we to they are just that: threats—because it The ACTING PRESIDENT pro tem- say that we are only going to follow would be tragic, it would be nuclear, if pore. The Democratic leader is recog- the Constitution 89 percent of the the other side decided to shut this Sen- nized. time? Furthermore, this Senate’s ate down over the issue of judicial f record on dealing with the President’s nominees. JUDICIAL NOMINATIONS appellate court nominees is the worst The Democrats in this Chamber have for any President in modern history. tried to confuse the issue of legislative Mr. REID. I understand we are in a This President’s record of having his and judicial filibusters, clearly trying period for morning business. I will use appellate court nominees voted on is 69 to confuse the public about what this leader time. percent, which ranks him lowest of any means. Well, what we are talking about Mr. President, I have the greatest re- President in modern history. is simply the narrow issue of judicial spect for my friend from South Dakota, It would be one thing if these nomi- nominees. It is part of this Senate’s but his assertion of facts is simply nees did not have the votes for con- constitutional responsibility and duty, without foundation. When the Demo- firmation, but they do. These nominees and we must take it very seriously. crats took the majority in the Senate, will have 54 or 55, 56, 57 votes for con- However, in the last Congress that be- I, along with others, said that this was firmation. It is wrong to deny them came extremely politicized. not payback time; we were not going to what the Constitution says they de- What we are talking about again is treat the Republicans the way they serve and for us to ignore our constitu- simply the issue of judicial filibusters. treated us during the Clinton years. tional responsibility to see that they Incidentally, it was the Democrats who During those years, they did not have have an up-or-down vote in this body. last voted on the filibuster in the Sen- the decency even to have hearings for The Democrats have said that it is ate to do away with it back in 1995. It judicial nominations; they simply left their prerogative to debate. Well, that was a 76-to-19 vote. It had to do with them, 60 in number, in the committee. is great. Let us debate them on the the whole issue, not just judicial but We thought that was inappropriate, floor of the Senate. But before they can legislative filibusters as well. Many of and that is the reason during the time be debated, a nomination has to be those Democrats who voted to end the that President Bush has been Presi- brought to the Senate floor for debate. filibuster still serve in this institution dent—we were in the majority, and we We have a right to debate under the today. are now in the minority—we have ap- Constitution in the Senate. The American people see this as an proved 205 judges for President Bush They have also suggested that judges issue of fundamental fairness. They un- and turned down 10, which is a pretty ought to have broad support; that they derstand that this body’s constitu- good record. ought to have more than the necessary tional obligation, responsibility, and For people to say there have not been 51 votes for the simple majority that duty is to provide advice and consent, judicial filibusters in the past is simply has traditionally been the case in the and that means an up-or-down vote in without historical foundation. In the Senate. There is nothing in the Con- the Senate. early days of this Republic, there was stitution about filibustering judges. The Democrats in the Senate have no way to stop a filibuster. The only There is nothing in the Constitution said that this President’s nominees are way one could stop a filibuster on about requiring a super-majority to extreme. There are going to be a couple judges or anything else was by virtue confirm judges. If the Founders had of them reported out of the Judiciary of agreeing to stop talking. Many wanted judges to get a super-majority Committee today. Janice Rogers judges were simply left by the wayside. vote, they would have put that in Brown received 76 percent of the vote They were talked out and they simply there. They did it for treaties, for con- the last time she faced the voters in never came forward for a vote before stitutional amendments, and for over- California, which is not exactly a bas- the Senate. riding a Presidential veto. Clearly, tion of conservatism. Her nomination The most noteworthy filibuster of a that was not the case with judges. It in this Senate has been stalled out for judge that would require a vote that was the Founders’ intention that the 21 months. Priscilla Owen will also be failed was in 1881. There was a fili- Senate dispose of them with a simple reported out today. She received 84 per- buster of a judge that went to a vote. majority vote. cent of the vote the last time she faced Prior to that time, they never even The Democrats in the Chamber have the voters in Texas. She has been wait- went to a vote. said that what we are trying to accom- ing around for 4 years in the Senate to It was determined in the Senate in plish is ‘‘the nuclear option,’’ sug- get an up-or-down vote on her nomina- 1970 that it would be appropriate to fig- gesting that somehow this is a radical tion. She was endorsed by every major ure out some way to break a fili- process that we are trying to imple- newspaper in the State of Texas. These buster—on judges, on Cabinet nomina- ment. Well, simply, that is not true. nominees are not extreme. What is ex- tions, and on legislation. At that time There is nothing nuclear about re-es- treme is denying these good nominees the Senate changed its rules by a two- tablishing the precedent that has been a vote, and it betrays the role and re- thirds vote and had filibusters broken, the case, the practice, and the pattern sponsibility the Founders gave the then, by 67 votes. In the 1960s it was de- in this Senate for over 200 years. Senate. termined that was a burden that was What is nuclear is what is being dis- So as we embark upon and engage in no longer necessary, and it was cussed by the Democrats in this body, this debate that is forthcoming on judi- changed to 60 votes. From that time to and that is shutting the Senate down cial nominees, let us keep in sight and today, there has been the ability to over the issue of judicial nominees, in focus the facts, and the role and re- break a filibuster by 60 Senators vot- which means important legislation to sponsibility this institution has to per- ing. this country, such as passing a high- form its duty. And that is to make sure There have been filibusters since that way bill that will create jobs and that when good people put their names rule was changed in 1960, filibusters of growth in this economy, could get shut forward for public service, they at least judges. The most noteworthy, of down, or an energy policy which is im- are afforded the opportunity that every course, was Abe Fortas. There was a portant in my State of South Dakota. nominee with majority support filibuster, and there are wonderful We have gas prices at record levels, we throughout this Nation’s history has statements in the CONGRESSIONAL

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4043 RECORD by Howard Baker at that time, side of the aisle opposed. But I thought I spoke to the distinguished majority who extolled the virtues of the fili- it was appropriate that we do business leader a few minutes ago. We want to buster. the way we should be doing business: do the highway bill. We have the En- During the time I have been in the have people speak, debate the issue, ergy bill. Senator DOMENICI and Sen- Senate there have been filibusters of and take your wins and losses as they ator BINGAMAN are working hand in judges. I can name two that come to come. We had a couple of losses. But hand, more than they have in many my mind: Berzon and Paez. We had a the fact is, we believe the business of years. They are going to come up with vote to break those here, on the fili- the Senate should be conducted in this the Energy bill. The Senators are going buster. The majority leader voted manner. to bring it to the floor and we will de- against breaking those filibusters. So I do not know what is going to hap- bate it. we have had votes on many occasions pen in the Foreign Relations Com- As the President was told several dealing with filibusters of judges. This mittee as it relates to Bolton, but the days ago by Senator BAUCUS when they is no new thing. fact is, that is how things should be de- were called to the White House, Sen- What we have to keep in mind is that cided. They should debate publicly and ator BAUCUS said: You do the nuclear we, the legislative branch of Govern- openly and then make a decision as to option, there will be no Energy bill. ment, are separate but equal. That is whether he is good or bad for the That is the way things are and that is what checks and balances are all United Nations. They are going to have wrong. about. The President should not have, some more hearings in that regard. I (Ms. MURKOWSKI assumed the from the Senate, a rubberstamp for ev- think that is appropriate. But to think Chair.) erything he wants. We have the advise that just because you do not get your Mr. REID. Madam President, I hope and consent clause in the Constitution way that you are going to change the we will be able to work our way and we have the obligation to look at rules is wrong. through this issue and come up with these judges. We have approved 205 and I have said once or twice on the Sen- something appropriate and move on. turned down 10. For people to suggest ate floor, when I was a little boy I took We have a number of judges who are that you can break the rules to change a big trip. My brother was 10 or 12 pending now. They should not have to the rules is un-American. years older than I. He was working for wait around. The only way you can change the Standard Stations in a place in Ari- In the situation we now have there is rule in this body is through a rule that zona. It was a little town. It seemed no question the committees are work- now says, to change a rule in the Sen- like a big town coming from Search- ing so well together. Senator SPECTER ate rules to break a filibuster still re- light. It took quite a few hours to drive and Senator LEAHY are working well quires 67 votes. You can’t do it with 60. over there. I spent a week with my together. I do not like the asbestos bill. You certainly cannot do it with 51. But brother. I thought it was going to be a I am not sure there is anything that now we are told the majority is going week, but he had a girlfriend and I can be done to make me happy about to do the so-called nuclear option. We didn’t spend much time with him at the asbestos bill because I have such will come in here, having the Vice all. I spent time with his girlfriend’s strong feelings about the people who President seated where my friend and brother. I could beat her brother in died of mesothelioma and asbestosis. colleague from Nevada is seated. The anything—all card games, board But one of the things I did when I be- Parliamentarian would acknowledge it games, running, jumping, throwing. came leader, I told my ranking mem- is illegal, it is wrong, you can’t do it, But I could never win because he kept bers that they were their committees. and they would overrule it. It would changing the rules in the middle of the They could do whatever was appro- simply be: We are going to do it be- game. That is what is happening in the priate in the confines of that com- cause we have more votes than you. Senate. The majority can’t get what mittee. You would be breaking the rules to they want so they break the rules to Senator LEAHY did what he thought change the rules. That is very un- change the rules. was appropriate. I may disagree with American. I ask my friends to look at We believe the traditions of the Sen- that asbestos bill, but he had every what is going on in the press. In the ate should be maintained. We believe if right to work with Senator SPECTER Post today, David Broder, a nationwide you are going to change the rules in and come up with a bill. That bill is columnist, talks about how bad it the Senate, change them legally, not here at the desk right now. That is the would be. Dick Morris, who certainly is illegally. way things should work. no lapdog for the Democrats, has stat- I hope my friends, people of goodwill Senators SPECTER and LEAHY have ed very clearly it would be the wrong on the other side of the aisle, will take gotten so much done during the first thing to do. The political damage a very close look at this and see if it is few months they have been working to- would be done to Republicans for many the right thing to do. I think we do gether. There is a lot more we can do. years to come. have people of goodwill on the other That Judiciary Committee has some of This is something we should work side of the aisle who understand the the most interesting but controversial out. This is something that should not importance of maintaining the integ- issues that we have. When you have cause the disruption and dysfunction of rity of this body. two people working together as closely our family, the Senate family. If this is As Senator Dole said when asked on as LEAHY and SPECTER have been, we done, the Senator from South Dakota Public Radio last week what he can expect some things on the floor of is absolutely right; we will be working thought about the so-called nuclear op- the Senate that will be interesting and off the Democrats’ agenda. We will let tion, He said: Watch it because we are controversial, but that is our job. things go forward. Of course, we will not going to be in the majority all the I repeat for the third time, I hope we let things go forward to take care of time. It will come back—these are my can move forward and get the work of the troops and let us make sure the words, not his but the same meaning— the American people done. That is Government is funded. We are not it will come back to haunt us because what this is all about. We do not come going to do the Gingrich plan. the majority changes all the time. here to please any particular constitu- But things around here work by I think it would be wrong for the ency. We come here to please the peo- unanimous consent. Maybe the major- Democrats to be able to do what the ple of our States and the people of this ity wants an excuse not to complete Republicans are talking about doing. I country. That is our job. business because most of their business think it would be wrong for the Repub- We need to recognize we have equal is a little faulty anyway. But we have licans to do what they are talking power to the judicial and executive worked very hard and showed our good about doing. That is why we, Senator branches of Government. A number of faith in the first quarter of this Con- FRIST and I, working with our caucus, years ago, when President Kennedy gress. We have passed, for example, the have to try to tamp down the emotions was President, there was a chairman of class action bill; we passed the bank- on this issue and do what we can to the Rules Committee in the House by ruptcy bill—both of which were 15 bring the Senate family together and the name of Smith. He was a Demo- years in the making. These are bills do things the right way so we can con- crat. President Kennedy was a Demo- the majority of the Senators on this tinue to do legislation. crat. He called Mr. Smith because he

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4044 CONGRESSIONAL RECORD — SENATE April 21, 2005 wanted an appropriate ruling from the Senate to perform its advise and con- I heard over and over in every part of Rules Committee of which Mr. SMITH sent role, are dealt with in an appro- the State, folks from all walks of life, was the chairman. And Smith wouldn’t priate way. folks from both parties: Do the people’s even return the President’s call. He I hope the Senator from Nevada will business. Get beyond all of that game knew he did not have to. He stood for work with our leadership to try to playing. Get beyond that bitter par- the legislative branch of Government. fashion a way in which these judges tisanship. The obstructionism, the fili- He didn’t have to take orders or sug- can be voted on in the Senate. If they busters, that is not doing the people’s gestions or even talk to the President. are not, we are setting an entirely new business. He may have carried things a little precedent for the future of how these Yesterday, I joined with many other too far, but that shows the strength of judicial nominees are going to be con- Members of my freshman class, the the legislative branch. We are as pow- sidered in the Senate because this is current Senate freshman class, in erful as the judicial branch of Govern- unprecedented in the history of this again calling for the Senate leadership ment and the executive branch of Gov- Nation, what has happened in the last to work together to address the judi- ernment. When we come to the realiza- session of Congress, and what is being cial crisis—I use that word for good tion that we are not, it is not good for suggested by the Democrats in the Sen- reason—the judicial crisis we are fac- this country. ate at this time. And that is that they ing. The PRESIDING OFFICER. The Sen- will shut this institution down and As we stated in our freshman letter ator from South Dakota. keep other legislation from moving for- to our colleagues from Tennessee and Mr. THUNE. Madam President, I re- ward simply because they want to dic- Nevada, progress often requires us to spect the Senator and I appreciate tate to the majority and to the Presi- make difficult but fairminded deci- what he has to say about wanting to dent of the United States about the sions. The time has come to prepare move the agenda. That is something I kind of judges he ought to be submit- our damaged, broken judicial confirma- am very concerned about because of ting to the Senate for confirmation. tion process. We need a genuine com- the Highway Bill, as well as the Energy I have a couple of other colleagues mitment to upholding the equitable Bill. Those are things that are lined up here who want to speak to this issue, principles of our judicial system, a and need to be done. They are unfin- but it is important that this debate be sense of respect for our deeply rooted ished business from the last Congress. about the facts. I hope we can have an traditions, and the willingness to com- My concern from all this, and the Sen- opportunity to debate these judges. promise. ator from Nevada has been here long Then I hope we have the opportunity to Several judicial vacancies have been enough, obviously, to know this, the vote on them. lingering not for months but for years, Senate does set its rules and proce- I yield to the Senator from Lou- as my colleague from South Dakota dures. That is part of the Constitution. isiana. has said, causing more than one juris- The PRESIDING OFFICER. The Sen- Back in 1980, of course, the Senate did diction to formally declare a ‘‘judicial ator from Louisiana. the same things we are talking about Mr. VITTER. Madam President, I, emergency.’’ Because of long-term va- doing here when the Democrats had too, rise this morning to speak about cancies, it is imperative we, as Sen- control under Senator BYRD. an issue of great importance to me as ators, respond promptly to these emer- But more important, this needs to be a freshman of this body; more impor- gencies. It is unacceptable we should based on facts. The facts are on our tant, to the Senate as an institution; have judicial vacancies in our courts side in this debate. If you look back— and most important, to America as a for up to 6 or more years in some cases. the Senator from Nevada talked about Nation: that is, what is clearly our hor- It is time to put aside the grievances, historical precedents. The reality is ribly broken and partisan judicial con- the obstructionism, the partisanship what I said earlier is absolutely accu- firmation process. that has been built up. rate, and that is there has not been a Two years ago, the Members of the A recent case in point is the nomina- judicial nominee with majority support Senate freshman class of the 108th Con- tion of Janice Rogers Brown to the in the history of this Nation, up until gress called on all of their Senate col- U.S. Court of Appeals for the DC Cir- the last Congress, who was denied an leagues, Democrats and Republicans, cuit. Judge Brown, whose nomination up-or-down vote in the Senate by a fili- to take a careful look at the Senate’s has been pending since July 2003, as my buster or by using the Standing Rules process of confirming judicial nomi- colleague from South Dakota noted, is of the Senate to prevent that from hap- nees. They were fresh from the cam- a highly qualified judicial candidate, as pening. That simply is a fact. paign trail in their respective States, evidenced by her background and her It is also a fact that in the instance fresh from talking to citizens every training. Justice Brown has 8 years of he referred to back in 1968, the Fortas day in their campaigns. They heard experience on the California appellate nomination to the High Court, it was over and over how dissatisfied people bench, and she has dedicated all but 2 President Johnson’s selection for Chief were with the partisanship, the bitter years of her 26-year legal career to pub- Justice. That was, I should say, a bi- partisanship and obstructionism that lic service. Right now, she serves as as- partisan attempt. It was a judge who they found in Washington, particularly sociate judge of the California Supreme did not have majority support in the in the Senate. They heard over and Court, a position she has held since Senate, and furthermore it was a judge over that the clearest example of that May 1997. about whom they were raising ethical was the horribly broken, bitterly par- Justice Brown is the first African- issues. tisan judicial confirmation process. American to serve on that State’s The nominees we are referring to Unfortunately, their valiant efforts highest court and was retained with 76 here are people of high quality. They did not succeed in fundamentally percent of the vote in her last election. are people who have been rated by the changing and improving the process. California is not exactly a rightwing American Bar Association as being Because of that, as I was on the cam- State. In 2002, Justice Brown’s col- highly qualified to serve on the bench. paign trail to run for the Senate last leagues relied on her to write the ma- They are not extreme, as the Demo- year, I heard those same themes, those jority opinion for the California Su- crats have suggested. They are judges same concerns from voters all across preme Court more times than any who have been voted on in their States Louisiana. I know my other freshman other justice. and won overwhelming majorities. colleagues heard the same things from The daughter of sharecroppers, Jus- These are people who deserve to be voters in their States. They heard over tice Brown was born in Greenville, AL, voted on in the Senate. This is about and over how tired and upset people in 1949. She came of age in the South, the tradition, it is about the precedent, were at the bitter partisanship in tragically in the midst of Jim Crow it is about the history of the Senate, Washington, particularly in the Sen- policies, having attended segregated and it is about the Constitution. And it ate; the endless obstructionism, the schools in her youth. She grew up lis- is about the responsibility, as Sen- endless filibusters. Again, the clearest tening to her grandmother’s stories ators, that we have to see that these example of that in citizens’ minds was about the NAACP lawyer who defended judicial nominees who are presented by the horribly broken, bitterly partisan Martin Luther King, Jr., and Rosa the President for confirmation, for the judicial confirmation process. Parks. Her experiences as a child and

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4045 those stories from her grandmother within a certain amount of time. That fied’’ or ‘‘highly qualified.’’ They met moved her to become a lawyer. In her will fully respond to any legitimate the basic test that has to be met. teens, she moved to California with her concerns in that regard. That will fully What has happened in the last year is family. She earned a B.A. in economics respond to any of those grievances now a new political test put in place, a from California State in 1974. She from the past. They can come to the political test that has then required a earned her law degree from UCLA Law Senate, within a certain amount of new standard, an unprecedented stand- School in 1977. time, under a mandate which we can ard in the history of this country. I re- In 2003, a bipartisan group of 12 of put in the committee or the full Senate peat, in the history of this country, Justice Brown’s current and former ju- rules, and the committee can send nominees who could get a majority dicial colleagues wrote then-Judiciary them to the Senate with a rec- vote have not been filibustered until Committee Chairman ORRIN HATCH in ommendation we confirm that judge, last year. support of her nomination—again, a or that confirmation can come to the The other side has said: We have con- fully bipartisan group. Another fully Senate with a negative report by a ma- firmed so many judges, hundreds of bipartisan group of 15 California law jority of the committee. judges, but when it comes to appellate professors did the same, as did a dean We face an impasse. We must do court judges, the level below the Su- of the appellate bar in California, and whatever is necessary to end it. Inac- preme Court, last year I believe it was the California director of Minorities in tion is no longer accessible. Now is the 30 percent of those were filibustered, Law Enforcement. What those who time to resolve it. were stopped, and a higher percentage know her best say is Justice Brown is Like the complicated policy issues then face that this year. Our obligation a superb judge, conscientious, hard- we tackle every day, we cannot avoid in the Constitution is to advise and working, intelligent, sensible, open- the judicial crisis and its surrounding consent. It is not to advise and con- minded. confirmation issues without expecting struct. Nominees deserve simply an up- Yet Justice Brown, like multiple our inaction to have a major impact on or-down vote. That has been the proc- other judicial nominees, has been wait- our country. The integrity of our en- ess that has served this country so well ing and waiting and waiting for an up- tire judicial system is at stake. Indeed, for nearly 250 years. or-down vote in the Senate. It is unfair the integrity of the Federal Govern- I support the right of filibuster. I to her. More importantly, it is unfair ment and Congress is at stake as citi- love that movie ‘‘Mr. Smith Goes to to the citizens of this country. zens again and again say: Put the peo- Washington.’’ I thought Jimmy Stew- Some, like the distinguished minor- ple’s business first. Take up the peo- art was fabulous. I watched that as a kid, and I thought being on the floor of ity leader, argue that this is some ple’s business. Get beyond this horrible the Senate, standing and not stepping longstanding venerable practice. That partisanship, obstructionism, and these down, fighting for what you believe, is is simply not true. A few minutes ago, filibusters. the minority leader said in the early In closing, I encourage all of my col- part of the history of the Senate. It is not, by the way, the history of days of the Republic, filibusters were leagues to take a careful look at the the United States for its entire exist- common. I hope, in the midst of this Senate confirmation process. I ask we ence. It was not the history of the very important debate, he will read the work together to refine our judicial United States, contrary to the words of history carefully because in the early confirmation process and to break the distinguished and learned minority days of the Republic, the Senate rules down those partisan walls that have leader from Nevada, it is not the his- had no such thing as a filibuster. The stood in the way of advancing judicial tory when this country began. But it Senate rules were pure majority rule nominations. has been part of our history. I recog- because there was a motion that no There is one compelling reason we nize that. longer exists to call the question, to need to do this. That is doing the peo- By the way, it has not always been as end debate by a majority vote. So in ple’s business. That is serving the peo- glorious as when Jimmy Stewart was the early days of the Republic—and ple—not partisan political interests— in that movie, standing on the floor of this is crystal clear in history—there and the people, across the Nation, all the Senate. The history of the fili- was no opportunity for filibuster be- of our citizens, are demanding it. buster, which now is being paraded as cause the Senate, just like the House, I yield the floor. this icon of protection of rights, this then and now, operated by pure major- The PRESIDING OFFICER. The Sen- history, unfortunately, has a history of ity vote. ator from Minnesota. being used to block anti-lynching legis- Certainly it is clear this practice of Mr. COLEMAN. Madam President, I lation. It was used to block civil rights judicial filibusters for appellate court was one of those new Members of the legislation. That has been the history nominees is brand new. It has never, Senate elected in the class of 2002 my of the filibuster. But I respect that his- ever happened for a nominee with ma- friend and colleague from Louisiana tory. I respect that tradition of filibus- jority support before the last Congress. talked about. We did lament the par- tering legislation even if I disagree They are very clear, very well-known tisan divide that certainly has been with it. examples that prove the point. What growing in this body for a while but But never before has there been a about Robert Bork and Clarence Thom- has been clearly reflected in the battle tradition of using that filibuster, that as—very controversial nominations op- over judicial appointments. tool, to block judicial nominees. That posed by many on the Democratic side The President has the constitutional is what is different today. but neither was filibustered. Both got authority to appoint judges. That is I do believe the last effort to limit up-or-down votes in the relatively re- very clear. It is an authority that has the filibuster occurred when Repub- cent past. One was confirmed. One was never, in the history of this country, licans took control of the Senate about not. That is how the process is sup- up until last year, when my colleague 1994 and 1995; there were efforts to posed to work. That is how it did work across the aisle decided to filibuster limit the filibuster. There were 19 votes until the last Congress. those appointees, it has never in the for that effort. Every one of them were Others say, yes, these floor filibus- history of this country required any- Democrats. Every one of them were my ters are new but nominees have been thing more than a majority vote. We colleagues across the aisle, some of held up in the committee before. That are talking about judicial appoint- whom still serve in this institution has been the functional equivalent of ments. today. That has been the history of these filibusters we now see when the The President must appoint folks limiting the filibuster. But the history majority party in the past held up cer- who are qualified. There are standards is clear that, up until last year, the fil- tain nominees in committee. by which one can review that. The ibuster has not been used to block a My response is very simple and very American Bar Association is involved nominee who has majority support. direct. We should change the com- in that process and they, in fact, grade I am also deeply concerned about mittee rules as part of this process to nominees. In the case of the Presi- what we are doing to civics with this ensure every appellate court nominee, dent’s appointees, each of those nomi- discussion. I think we are confusing every Supreme Court nominee gets to nees received the endorsement—in ef- young people. When I grew up and stud- the Senate floor for an up-or-down vote fect, the label, the standard—of ‘‘quali- ied civics, I understood what checks

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4046 CONGRESSIONAL RECORD — SENATE April 21, 2005 and balances were. I am watching com- right to vote yes or no. Let’s do the positions. The debate that is underway mercials today that talk about the ef- right thing. Let’s uphold the tradition today concerning the so-called fili- fort of the Democrats to block judicial of this institution. Give people the buster rule, from my point of view, is appointees is somehow applying the right to get an up-or-down vote when an effort to try to change the rules in concept of checks and balances. I have they are nominated for a judicial of- midstream. It also is reflective of the to gather my 15-year-old daughter fice. abuse of power we see in Washington Sarah and tell her that is not what The PRESIDING OFFICER. The Sen- today. To be sure, when you look at the checks and balances are about. The ator’s time has expired. history of what has happened with ju- concept of checks and balances has to Mr. COLEMAN. Madam President, I dicial appointments in the last decade do with the wisdom of our Founders to yield the floor. and a half or so, there have been 60 balance the power of the executive The PRESIDING OFFICER. The Sen- Democratic nominees from President branch against the power of the legisla- ator from Colorado. Clinton who were rejected by this Sen- ate. On the other hand, if you look at tive branch and the power of the judi- f cial branch. That is checks and bal- what has happened with President ances—a magnificent concept. JUDICIAL NOMINATIONS Bush’s nominees, we have had over 96 But checks and balances does not Mr. SALAZAR. Madam President, I percent of all of his appointees con- mean, and has never meant, that some- come to this Chamber this morning to firmed by the Senate. Now, under anybody’s scorecard, if how the minority can block the major- make a few comments in response to you get a 96-percent success rate, I ity from governing in an Executive my colleagues from Minnesota, South think you have done pretty well. You Calendar, where the President has the Dakota, and Louisiana, concerning the authority to appoint individuals who can ask my daughters, who are stellar judicial nomination process. students in their school; getting a 96- he thinks are qualified, and then we Let me say at the outset, I believe measure that qualification—not poli- percent grade is pretty good. That is a the work of this body and this Congress much higher rating for President tics, not their views on certain polit- should be getting about the people’s ical issues, but their competence, their Bush’s appointees than we had for prior business. I believe this issue con- Presidents. integrity, their capacity to do the job— cerning the filibuster rule is something and we then advise and consent, we So I would say this is not about these that is distracting this country and particular nominees. I have not yet give the up-or-down vote. this Congress from doing what we But checks and balances have noth- taken my own position with respect to should be working on. what I will do with these seven nomi- ing to do with the attempt of the mi- In the Washington Post this morn- nority, right here, to block the major- nees. I will study their records, and I ing, the headline story talks about the will make my decision based on those ity from simply confirming Presi- economic worries of America. The first dential appointees. We are not talking records. But, at the end of the day, this two paragraphs of the article in the is whether we will uphold the cherished about changing the legislative cal- Washington Post read as follows: endar. We are not talking about inter- traditions of this Senate that have pro- Inflation and interest rates are rising, fering with the right to filibuster on vided the kinds of checks and balances stock values have plunged, a tank of gas in- that have been important for this Sen- legislative issues. We are talking about duces sticker shock, and for nearly a year, upholding the Constitution. ate to be able to function. wages have failed to keep up with the cost of In my view, those rules force us, as It is interesting, if you go back—and living. Republicans and Democrats, to come like the Presiding Officer, I have been Yet in Washington, the political class has together to work through the issues here only a few years—we have learned been consumed with the death of a brain- that are most important for our coun- from some of our colleagues about the damaged woman in Florida, the ethics of the try. I believe the way this issue has history of what went on before. In the House majority leader, and the fate of the been presented to this body and to the past, the Senate did not filibuster judi- Senate filibuster. American people has been destructive cial nominees. There were times when I would submit that we as a body not only to this body but also destruc- you had very liberal judges coming up have a responsibility to address the tive to the real agenda on which we as for confirmation by Democratic Presi- issues the people of this country care about. Those issues are about passing a the elected representatives of the peo- dents, and you had Republicans con- ple should be working. trolling the process, and you had ma- transportation bill for America. Those issues are about getting an energy bill That real agenda is about roads. It is jority leaders such as Trent Lott sup- about transportation. It is about en- passed for the people of America that porting cloture for liberal nominees ergy. It is about health care. It is helps us get rid of our overdependence who, on the basis of ideology, they about the issues that affect every per- on foreign oil. Those issues are about would not support. son every day. They are the kinds of making sure we address the most crip- Judge Paez, in the Ninth Circuit, I issues that affect people when they get pling issue affecting America today— believe was one of the judges involved out of bed in the morning and wonder and that is business and people alike— in the decision that you cannot say what is going to happen to their fami- the issue of health care, which is bank- ‘‘one Nation under God.’’ I know many lies, their children, and their parents. rupting this country and many families of my colleagues felt Judge Paez’s Those are the kinds of issues we should throughout our States. views were extreme. But they respected be working on as opposed to working the power of the President to make an We get into this discussion here on these kinds of very divisive issues. appointee, and they respected the his- about what is happening with respect f tory and tradition of this institution to judges. The fact is, what the major- that says: Give nominees an up-or- ity is attempting to do is to simply AFGHAN SECURITY FORCES down vote. Paez got that up or down break the rules. They are simply at- STANDARDS AMENDMENT vote and was confirmed. tempting to break the rules because Mr. SALAZAR. Madam President, I So my deep concern is somehow we they have the power. would 1ike to speak a little bit about are involved in almost this Orwellian Now, I live in an America that amendment No. 454, which was adopted doublespeak today that we are talking strongly supports the fact we have a unanimously by the Senate last night. about checks and balances in a process power that was created by our Found- I appreciate and thank Senators COCH- that has no relationship to what ing Fathers, distributed between the RAN and BYRD for the time they have checks and balances have always executive, with checks and balances, spent working with me on this amend- meant. Again, our young people should and the Congress, and different rules ment. I also note and appreciate the understand that. for the Senate. Part of that is assuring work of Senators MCCONNELL and We have bent over backward to pro- a guarantee when we make decisions LEAHY on this matter. Their staff tect minority views in this Senate. for the American people, especially members, Paul Grove and Tim Rieser, When it comes to appointments, the with respect to judges who have life- were very helpful. majority has a right and a responsi- time appointments, that we are ap- It is clear that success in Iraq and bility to act. Then all of us have the pointing the very best people to those Afghanistan is dependent on how well

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4047 and how fast we train security forces find good personnel. But I also recog- ‘‘I am fully determined to accept and police there. It is also clear that nize that we simply have to get better every initiative that seems opportune the faster and better we train these at how we train other people to take to promote contact and under- forces, the sooner our troops can come over security in their own countries. standing.’’ home. The stress on our Armed Forces de- I am praying for those kinds of ef- This amendment is designed to en- mands no less. The challenges facing forts. I hope each of us will take a mo- sure that the training in Afghanistan— U.S. taxpayers demand no less. And ment this Sunday, the very day of the for which this bill dedicates more than success in post-conflict societies de- Pope’s inaugural mass, to pause and re- $600 million, including $44.5 million mands no less. flect on how we can best live up to this which is to be available only for the es- Before coming to the U.S. Senate, I challenge from Pope Benedict XVI. tablishment of a pilot program to train had the honor of serving our great Madam President, I yield the floor local Afghan police forces—is handled State of Colorado as attorney general. and suggest the absence of a quorum. well and is handled in an accountable In that job, I made homeland security The PRESIDING OFFICER. The fashion. my highest priority. clerk will call the roll. We have seen what happens when One of the responsibilities I had as The assistant legislative clerk pro- training is rushed or when account- attorney general was being chairman ceeded to call the roll. ability is ignored. The Haitian Na- of the Peace Officers Standards and Mr. JOHNSON. Madam President, I Training Board, POST. Given all that tional Police, for which we spent hun- ask unanimous consent that the order our police officers and their families dreds of millions of dollars training in for the quorum call be rescinded. give for us and for our State, the least the 1990s, is all but disbanded. We are The PRESIDING OFFICER. Without I could do was to fight for additional all familiar with the stories of mis- objection, it is so ordered. training and support resources. management of police training in the In 2003, we did that, and in exchange f Balkans. And just last week, Secretary we asked for greater accountability. JUDICIAL NOMINATIONS Rumsfeld took an emergency trip to We did that, too, and the result has Baghdad to try to salvage some of the Mr. JOHNSON. Madam President, as been a better trained and more ac- a Senator who has served in both the training we have done there as Shiite countable police force, not to mention political leaders threaten to purge House of Representatives and the Sen- a safer Colorado. ate, in both the majority and the mi- Sunni officials from the forces. It has worked in Colorado and across nority in the House and both in the This amendment is meant to ensure this country. I believe with the adop- that training in Afghanistan benefits tion of this amendment we can start to majority and the minority in the Sen- from lessons learned and the mistakes make it happen in our police training ate, I am distressed at some of the of the past. It adds commonsense provi- overseas as well. rhetoric and debate that has gone for- sions to the $660 million appropriated Madam President, I yield the floor ward relative to the role of the so- for police and counternarcotics pro- and suggest the absence of a quorum. called filibuster rule or the nuclear op- grams in Afghanistan. We need to take The PRESIDING OFFICER. The tion, as some people refer to it. It is this step because the challenges we clerk will call the roll. my hope the debate can go forward in face in training a capable security and The assistant legislative clerk pro- a more civil and thoughtful manner police force in Afghanistan are perhaps ceeded to call the roll. than has sometimes been the case up even more daunting than in Iraq. Mr. SALAZAR. Madam President, I until now. First, Afghanistan is the world’s ask unanimous consent that the order I have served—and it has been an largest producer of poppy, the raw ma- for the quorum call be rescinded. honor to serve—in both bodies. Each of terial for heroine. It produces 80 per- The PRESIDING OFFICER. Without the bodies, the House and the Senate, cent of the world’s heroine and, accord- objection, it is so ordered. has a respective and important role to ing to the United Nations, is currently f play. One of the factors, however, that most distinguishes the Senate from the producing dramatically more than it POPE BENEDICT XVI did under the control of the Taliban. other body is the existence of the 60- Mr. SALAZAR. Madam President, I Keep in mind that heroine use not only vote rule, the so-called filibuster rule, want to take a moment this morning fuels crime throughout Europe and in which has the consequence of requiring to discuss the election of Pope Bene- the United States, but it funds ter- both political parties to come to the dict XVI as the leader of my church rorist organizations and is responsible center, to have some at least modicum and the leader of the 1 billion Catholics for the looming AIDS crisis throughout of bipartisanship in the proposals they in our world. I pray for him as he as- eastern Europe. pursue, the nominees who are consid- sumes this awesome responsibility for Second, there are already several ered. our church and for our world. countries and organizations training That is one of the great strengths of I have also been comforted by the the Senate. I know it frustrates some forces in Afghanistan, including for the comments we have heard from Pope who would like to see the Senate oper- vitally important effort of counter- Benedict XVI. We know we face some ate more as the other body does, where narcotics. In fact, this difficult task of difficult challenges in the Catholic a one-vote margin is all that is essen- building a capable law enforcement Church in the days and years ahead. tially ever necessary. A rules com- system in that formerly ruler-less We also know we as Catholics are not mittee further streamlines things. As a country is divided among the United united on every issue. As I said on this consequence, the other body tends to States, Italy, Great Britain and several floor after the passing of Pope John be and has been over the years most different international organizations. Paul the Great, we as Catholics are often a far more partisan body than the And third, the way the administra- both comforted by our church’s teach- Senate. tion has structured this program lends ings and challenged by its demands. The Founders designed the Senate itself to confusion and competition That will continue to be the case. And with 6-year terms and a differing basis among American agencies. The funding that is as it should be. in the bill goes to the Department of What is also true is what Pope Bene- for selection as a body that would be Defense, but much of the police train- dict XVI said yesterday. He said: the more thoughtful, more delibera- ing will be handled by the State De- Catholics ‘‘look serenely at the past tive, would take the longer view of ini- partment. and do not fear the future.’’ tiatives that are before the Congress. This amendment is an effort to make I was also touched by another thing The Senate plays a very important sure we can get the accountability our the Pope said yesterday. In relation to role. taxpayers deserve as well as the suc- John Paul the Great’s efforts to reach There is too much partisanship in cess that our national security de- out to other Christian faiths, Pope Congress. I have the honor of rep- mands. Benedict XVI said: resenting South Dakota, a State some I recognize good training will not be I am fully determined to accept every ini- would describe as a dark red State that easy. I also understand that in post- tiative that seems opportune to promote President Bush won by a large margin conflict societies, it is often difficult to contact and understanding. this last time. I am very proud of the

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4048 CONGRESSIONAL RECORD — SENATE April 21, 2005 Republican support that has been ex- ence during the Clinton administration strategies that will play into the hands tended to me over the years I have had where some 60 of his nominees never of the far left or the far right and con- the honor of serving in the House and received a hearing or a vote. In this tinue the historic rules that have been the Senate. The people of South Da- case every nominee has received a vote in place for the Senate which, in fact, kota are tired and grow weary of the in committee and on the floor, albeit not only encourage but require at least intensity of the partisanship that too that vote on the floor is consistent a modest level of bipartisanship and often exists in Washington, DC. The with the 60-vote parliamentary rule of deliberative thinking when we consider people of South Dakota want to see the Senate which does require both legislation or lifetime appointments to both sides brought together to govern sides to come together in the center. the U.S. courts. as Americans rather than as Repub- Clearly, President Bush can have the It is my hope cooler heads will pre- licans or Democrats. That is not ask- approval of 100 percent of his judges. vail, that the historic rules of this ing too much, for the traditions and All he has to do is to nominate con- body will prevail, and that the Senate the historic rules that have existed in servative Republican judges who are will continue to play the incredibly im- this body that encourage bipartisan- part of the conservative mainstream of portant and unique role it has through- ship should remain. America, a very broad range of discre- out 200 years of American history. That This notion that somehow in the tion that he has. Those judges will be is a body where the hot rhetoric of the midst of Congress rules that have been confirmed, as have the 200 plus who day is set aside and the two political in place for generations should be have routinely been confirmed by this parties are required to come together, eliminated and the bipartisan mandate body. to approach issues in a more thought- they allow for should be eliminated is a The Senate does have a constitu- ful, more deliberative and bipartisan step in the wrong direction. tional obligation of advice and consent fashion. We would be a poorer nation, One of the consequences of the 60- on these lifetime appointments. That is indeed, were it not for that kind of bi- vote rule is it takes both parties by the one of the reasons why this issue is so partisan mandate that the current scruff of the neck, brings them to- profoundly important, because this is rules of the Senate insist upon. gether and says: You will have to reach not simply a legislative matter that I yield the floor. across the aisle and cooperate, coordi- will come and go and be reconsidered The PRESIDING OFFICER. The Sen- nate with your colleagues from the at another time. We are considering ator from Illinois. other political party, whether or not the appointments of people to high of- Mr. DURBIN. Madam President, how you like it. That has been a very valu- fice for a lifetime. It is imperative the much time is remaining? able asset to the Senate and, again, one Senate insist that each of these indi- The PRESIDING OFFICER. There is of the things that distinguishes the de- viduals, men and women, be part of the 4 minutes remaining. bate and deliberation and progress of political and judicial mainstream of Mr. DURBIN. Madam President, I ask legislation in the Senate from what America, albeit we have a Republican unanimous consent for an additional 6 transpires with our colleagues in the President, and certainly he will nomi- minutes—I believe the majority party other body. nate conservative Republican judges, had about that added to their morning There is too much division in Amer- as well he ought, and they will be ap- business—if there is no objection. ica today. There is too much partisan- proved in a routine manner as over 200 The PRESIDING OFFICER. Without ship. The rhetoric has grown far too have already. objection, it is so ordered. bitter. It has grown far too extreme. But there is an importance that the Mr. DURBIN. Madam President, I What America wants, and what I be- nominees do fall within the political thank my colleague from South Da- lieve my constituents want, is more mainstream, and the one test to see to kota who just spoke. I just left the governing from the center. Most South it that is the case is the 60-vote margin Senate Judiciary Committee of which I Dakotans and most Americans recog- rule where no judge, regardless of what have been a member for a number of nize neither party has all the answers, their political background or judicial years. It is not just an ordinary meet- neither party has all the good or bad background might be, can be approved ing of the committee today; it is a his- ideas, and we are governing best when unless, in fact, there is some modest bi- toric meeting. It is a meeting I am we come together in the political cen- partisan support, not an overwhelming sure, when they chronicle this episode ter. That will leave the far left and the consensus. in the history of the Senate, they will far right unhappy. They are unhappy Nobody is suggesting a 90-percent point to as a catalyst for a constitu- most of the time, anyway. But I do rule or 75-percent rule or even the 66- tional confrontation, the likes of which think governing from the center, which percent rule which used to be the case the Senate has never seen in its his- the 60-vote rule requires, is one of the for filibusters some years ago but that tory. Let me tell you what is going on. great strengths of the Senate. there be a 60-vote margin. I don’t think Many times in the history of this It would be a horrible mistake for that is asking too much in the name of country, a President with a popular this body to discard that bipartisan bipartisanship, in the name of requir- mandate comes to Washington in their mandate that rule imposes on this ing both parties to come together, and second term unhappy with the judici- body. A loss of bipartisanship would in the name of diminishing the level of ary, unhappy with judges who do not not only affect the consideration of partisan hardball that characterizes see the world as they do. These Presi- judges, but the precedent would cer- the other body and to some degree has dents come to the conclusion that with tainly be in place to affect consider- infected the debate and the rhetoric their popular mandate, with their ma- ation of all other legislation as well. even here in the Senate. jorities in Congress, they can change Keeping in mind that this body, even Having witnessed the political dy- the Constitution, they can change the with that rule in place, has approved namic in both bodies, having had the courts. some 205 Federal judges nominated by honor to serve in both bodies, having It is happening with President Bush, President Bush, has rejected roughly been in both the majority and minor- but he is not the first President who 10, and that we have one of the lowest ity, because the rule we are talking has been through this experience. judicial vacancy rates in American his- about of bipartisanship should prevail President Thomas Jefferson, in the be- tory right now—in fact, about 60 per- regardless of whether Republicans or ginning of his second term, so angry cent of all Federal appellate judges are Democrats are in the majority or the over the opposition party that con- appointees of Republican administra- minority, having witnessed all of that trolled judgeships, tried to impeach a tions over the last number of years—to and knowing where my constituents member of the U.S. Supreme Court. He suggest somehow there is a crisis with come from in terms of growing weary brought the issue to the floor of the judges is a fabrication, frankly. It is of the partisanship and the political ef- Senate, to a floor that was dominated simply untrue. forts in Washington, DC, to jam one by his own political party, and said: Judges are being considered, voted idea past another without the need for Give me the power to get rid of these on, approved at a record rate. In fact, deliberation, without the need for give outrageous judges. His party turned on all of these judges have had up-or-down and take between the two parties, I him and said: No, the Constitution, Mr. votes as opposed, sadly, to the experi- have to believe we ought to reject the President, is more important than your

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4049 power. We reject your notion that you they want to change the rules and di- If it occurs—and I hope it does not— can pack the Supreme Court with minish the power of the Senate and at- it is going to change this body. It is friendly judges. tack the principle of checks and bal- going to change it dramatically. The Thomas Jefferson was not the last. A ances. Senate is so much different from the President whom I honor and venerate, The reason this great democracy has House. The Senate is successful be- Franklin Delano Roosevelt, in the be- survived longer than any in history is cause each and every day you will hear ginning of his second term came to the that we have this tension between the said over and over, ‘‘I ask unanimous White House with this large popular branches of Government—the power of consent.’’ Unanimous consent is just as mandate and, in frustration, said: I am the Presidency checked by the power of the phrase suggests—any Senator can sick and tired of the ideas of the New Congress checked by the power of the object. But it seldom occurs because we Deal being killed in that Supreme judiciary—and this tension among the agree to move forward together— Court. Give me the power as President, three branches of Government has Democrats on this side, Republicans on Franklin Roosevelt said, and I will re- given us this democracy that has sur- the other side—move forward with the place and add to the membership of vived while others have failed. Yet the people’s business. But if the Republican that Supreme Court until we get Jus- majority party, the Republican Party majority pushes through this constitu- tices who think like I do. in the Senate, would walk away from tional confrontation, destroys this tra- He came to this Senate, this Cham- that fundamental principle, for what? dition of the Senate, assaults the prin- ber, dominated by Members of his own For what? So that this President can ciple of checks and balances, then the political party, and said: Stand with have every single judicial nominee courtesy, the comity, and the coopera- me. You voted for the New Deal, now without fail? Madam President, 95 per- tion which makes this such a unique stand with me. We are going to make cent is not enough? And 205 out of 215 institution is in danger. sure the Supreme Court goes along. is not enough? I hope that cooler minds will prevail. And his party said no. They said: I have stood with my colleagues and I am heartened by the fact that Sen- Franklin Roosevelt, the Constitution is voted against some of these nominees. ator JOHN MCCAIN, a leading Repub- more important than your power as I will do it again. These are men and lican, has stood up and begged his fel- President. We will stand by the Con- women far outside the mainstream of low Republican colleagues: Don’t do stitution. You are wrong, Mr. Presi- American political thought. They have this. The Senate and its traditions and dent. been pushed to the forefront by special the Constitution, Senator MCCAIN says, But look what is happening today. interest groups demanding they get are more important than any President President Bush, not content to have 95 lifetime appointment on a court in or any party. percent of his judicial nominees ap- America to make decisions that will I am confident the Judiciary Com- proved by this Senate, has now said: affect everyone—every family, every mittee will send this nomination of This Republican Party is going to worker, the air we breathe, and the pri- Priscilla Owen of Texas to the floor. I change the rules of the Senate, change vacy we revere. hope that once it reaches the calendar, the constitutional principles that have What is the agenda? We hear this cooler minds will prevail and all of us guided us so that President Bush can agenda. It is spelled out in detail by who have sworn to uphold this Con- have every single judicial nominee ap- Congressman TOM DELAY of Texas. He stitution will honor it by our actions proved by the Senate, bar none. threatens the judiciary: We are going on the floor of the Senate. So what will happen in a Senate to dismantle them if they don’t agree f dominated by the President’s party? with me, he says. TOM DELAY is going Will they rise in the tradition of Thom- to set the standard for judges in Amer- EXTENSION OF MORNING as Jefferson’s Senate? Will they rise in ica? This man who was pushing BUSINESS the tradition of Franklin Delano Roo- through the Terry Schiavo case, Mr. DURBIN. Madam President, I ask sevelt’s Senate? Will they, as the Presi- defying 15 years of court decisions, unanimous consent that the period for dent’s party, stand up and say: The defying the wishes of that poor wom- morning business be extended until 12 Constitution is more important than an’s family? He was so angry when the noon, with 45 minutes under the con- the power of any President? Sadly, it Federal judges did not agree with him, trol of Senator SPECTER. appears they will not. They are lapdogs he said: We will get even with you. The PRESIDING OFFICER. Without as the President is demanding this That is what this is about. objection, it is so ordered. power. They will come to the Senate So judicial nominees will come to the Mr. DURBIN. I suggest the absence of with the so-called nuclear option. It is floor who will be approved who will fol- a quorum. a good name. It is a good name because low the TOM DELAY school of thinking, The PRESIDING OFFICER. The it signifies the importance and gravity who will follow something far outside clerk will call the roll. of what they will do. the mainstream of America. The assistant legislative clerk pro- The first thing they have to do is We need to have bipartisanship. We ceeded to call the roll. break the rules of the Senate. If you need balance. We need fairness. We Mr. SPECTER. Mr. President, I ask want to change a Senate rule, you need need to say to a President of any polit- unanimous consent the order for the 67 votes. They do not have 67 votes to ical party: As powerful as you may be, quorum call be rescinded. give President Bush this unbridled you are never more powerful than our The ACTING PRESIDENT pro tem- power, so they will break the rules of Constitution. The Constitution, which pore. Without objection, it is so or- the Senate with a so-called point of is the one commonality in the Senate, dered. order to change the rules of the Senate of all the things we argue about and all Mr. SPECTER. Mr. President, I and to say that this President, unlike the things on which we disagree, we— thank the floor schedulers for reserv- any other President in history, will not each and every one of us—stand proud- ing time for me this morning. I had have his judicial nominees subject to ly next to that well, raise our hands, hoped to be here at 11:15, but I have the rules of the Senate as we know and swear to uphold and defend the been chairing an executive business them. Constitution of the United States. meeting of the Judiciary Committee Oh, they argue, this opposition to To my colleagues and friends who are where we voted on the nominations of President Bush’s nominees is unprece- following this debate, the constitu- Justice Owen and Justice Brown. Not dented. Nobody has ever used the fili- tional crisis we are facing is unneces- unexpectedly, it went over the planned buster on a judicial nominee. That is sary. If the President’s own party has 11:15 conclusion, but I do appreciate what they say. But they are wrong. It the courage that Thomas Jefferson’s the allocation of time. I asked for 45 has happened 11 times. Most recently party had, that Franklin Roosevelt’s minutes for a presentation, which I am the Republicans used the filibuster party had, they would say to the Presi- about to make. against President Clinton’s nominees. dent: You have gone too far. The Con- Mr. SPECTER. Mr. President, I seek They have done it. They have done it stitution is more important than any recognition today to address the sub- because the rules allowed them to do President. But, sadly, we are on a path ject of Senators’ independence and dis- it. And now, in the middle of the game, to this crisis. sent. As members of political parties,

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4050 CONGRESSIONAL RECORD — SENATE April 21, 2005 we owe loyalty to the party that not allow the nominations to move for- Court tie vote would render the Court helped get us elected and which enables ward, President Clinton withdrew 12 of dysfunctional, leaving in effect the cir- us to join together to achieve broad those nominations and chose not to re- cuit court decision with many splits policy objectives. Historically, we have nominate 16. among the circuits, so the rule of law found our system of Government func- During that time I urged my Repub- would be suspended on many major tions best with a two-party system. lican colleagues on the Judiciary Com- issues. But as part of that historical perspec- mittee to confirm well-qualified Demo- On these critical issues with these tive, we have simultaneously seen loy- cratic nominees. For example, I broke cataclysmic consequences, I urge my alty to our Nation take precedence to ranks with many of my colleagues on colleagues on both sides of the aisle to loyalty to party. At certain junctures the Republican side to speak and vote study the issues and to vote their con- of American history, the fate of our in favor of the confirmation of Marsha sciences independent of party dicta- system of Government has rested on Berzon and Richard Paez, both to the tion. I have not rendered a decision on the ability of Members of this body to Ninth Circuit Court of Appeals. While how I would vote on the constitutional/ transcend party loyalty for the na- many of my Republican colleagues nuclear option, but instead have been tional interest. I believe the Senate criticized me for voting for Berzon and working to break the impasse by con- currently faces such a challenge be- Paez, I thoroughly reviewed their firming or rejecting the previously fili- tween party line voting on filibusters records and determined that both were bustered nominees by up or down and potential voting on the constitu- qualified for the positions to which votes. tional, or so-called nuclear option. they had been nominated. While I did As Chairman of the Judiciary Com- I have watched the issue on con- not agree with Ms. Berzon and Mr. mittee, I selected William Myers as the firmation of Federal judges fester and Paez on every issue, I realized the im- first of the filibustered judges to be re- become exacerbated as each party has portance of working toward solutions ported out of Committee for Senate racheted up the ante beginning with when the Senate is at an impasse on a floor action. Two Democrats, Senator the last 2 years of President Reagan’s nomination. JOE BIDEN and Senator BEN NELSON, administration when Democrats took After the 2002 elections with control had voted in the 108th Congress to end control of the Senate and continuing to of the Senate returning to Republicans, the filibuster on Mr. Myers, and Sen- the present day. the Democrats resorted to the fili- ator KEN SALAZAR made a campaign In 1987, upon gaining control of the buster on ten circuit court nomina- promise to support an end to the Myers Senate and the Judiciary Committee, tions, which was the most extensive filibuster, although he has since on which I have served since being use of the tactic in the Nation’s his- equivocated on that commitment. elected in 1980, the Democrats denied tory. The filibusters started with Being only 2 or 3 votes shy of 60, 55 Re- hearings to seven of President Rea- Miguel Estrada, one of the most tal- publicans plus presumably two or three gan’s circuit court nominees and de- ented and competent appellate lawyers Democrats, I thought Myers had a real- nied floor votes to two additional cir- in the country. The Democrats fol- istic chance for confirmation. cuit court nominees. As a result, the lowed with filibusters against nine With any judicial nominee, or any confirmation rate for Reagan’s circuit other circuit court nominees. During Senators for that matter, opponents nominees fell from 89 percent prior to the 108th Congress, there were 20 clo- can pick at their record. On the total- the Democratic takeover to 65 percent ture motions on ten nominations. All ity of his record, as demonstrated at afterwards. While the confirmation 20 failed. two hearings and the Judiciary Com- rate decreased, the length of time it To this unprecedented move, Presi- mittee Executive session, Myers is took to confirm judges increased. From dent Bush responded by making for the qualified for confirmation. Beyond the the Carter administration through the first time in the Nation’s history two issue of his own qualifications, his con- first 6 years of the Reagan administra- recess appointments of nominees who servative credentials would lend some tion, the length of the confirmation had been successfully filibustered by balance to the Ninth Circuit. process for both district and circuit the Democrats. That impasse was bro- The Democrats have signaled their court seats consistently hovered at ap- ken when President Bush agreed to re- intent not to filibuster Thomas Grif- proximately 50 days. For President frain from further recess appointments. fith or Judge Terrence Boyle which Reagan’s final Congress, after the Against this background of bitter may help to diffuse the situation. In Democrats took control, the number and angry recriminations with each addition, intensive efforts are being doubled to an average of 120 days for party serially trumping the other made to clear three of President Bush’s these nominees to be confirmed. party to ‘‘get even’’ or, really, to domi- nominees for the 6th Circuit. If enough The pattern of delay and denial con- nate, the Senate now faces dual of the President’s nominees can be con- tinued through 4 years of President threats, one called the filibuster and firmed, we may be able to deflate the George H.W. Bush’s administration. the other the ‘‘constitutional’’ or ‘‘nu- controversy without a vote on the con- President Bush’s lower court nominees clear’’ option, which rival the US/ stitutional/nuclear option. That is waited, on average, 100 days to be con- USSR confrontation of mutual assured what I am trying to do in my capacity firmed, which was about twice as long destruction. Both situations are accu- as chairman of the Judiciary Com- as had historically been the case. The rately described by the acronym mittee. Democrats also denied committee ‘‘MAD’’, which was used for the con- In due course, I will have more to say hearings for more nominees. President frontation between our Nation and the about the other pending Bush nomi- Carter had 10 nominees who did not re- Soviet Union. nees; but for now, I only urge my col- ceive hearings. For President Reagan, We Republicans are threatening to leagues to be independent and to exam- the number was 30. In the Bush Sr. ad- employ the ‘‘constitutional’’ or ‘‘nu- ine the nominees’ records on the merits ministration, the number jumped to 58. clear’’ option to require only a major- without having their votes determined When we Republicans won the 1994 ity vote to end filibusters. The Demo- by party loyalty. election and gained the Senate major- crats are threatening to retaliate by The fact is that all, or almost all, ity, we exacerbated the pattern of de- stopping the Senate agenda on all mat- Senators want to avoid the crisis. I laying and blocking nominees. Over the ters except national security and have had many conversations with my course of President Clinton’s presi- homeland defense. Each ascribes to the Democrat colleagues about the fili- dency, the average number of days for other the responsibility for ‘‘blowing buster of judicial nominees. Many of the Senate to confirm judicial nomi- the place up.’’ them have told me that they do not nees increased even further to 192 days The gridlock occurs at a time when personally believe it is a good idea to for district court nominees and 262 we expect a U.S. Supreme Court va- filibuster President Bush’s judicial days for circuit court nominees. cancy within the next few months. If a nominees. They believe that this un- Through blue slips and holds, 70 of filibuster would leave an 8-person precedented use of the filibuster does President Clinton’s nominees were court, we could expect many 4-to-4 damage to this institution and to the blocked. When it became clear that the votes since the Court now often decides prerogatives of the President. Yet de- Republican-controlled Senate would cases with 5-to-4 votes. A Supreme spite their concerns, they gave in to

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4051 party loyalty and voted repeatedly to change that come from independent judg- Vice President who was wanted in two filibuster Federal judges in the last ment and individual ideas—and even from states for his dueling homicide of Alex- Congress. the unorthodox, and the eccentric—can en- ander Hamilton, presided at the hear- Likewise, there are many Repub- able us to surpass that foreign ideology that ing. During closing arguments, Justice fears free thought more than it fears hydro- licans in this body who question the gen bombs. Chase’s counsel, Luther Martin, a wisdom of the constitutional or nu- Maryland delegate to the Constitu- Beyond his stirring words, Kennedy clear option. They recognize that such tional Convention, predicted the out- provides us examples. John Quincy a step would be a serious blow to the come and noted the wisdom of the Adams’ faced such a controversy when Founding Fathers in the constitutional rights of the minority that have al- English ships seized American ships provision giving the Senate the power ways distinguished this body from the and conscripted American sailors who to try and decide cases of impeach- House of Representatives. Knowing could not ‘‘prove’’ that they were not ment. There were Senators in the that the Senate is a body that depends British subjects. Adams, a Federalist, Chase impeachment proceeding who upon collegiality and compromise to was incensed. Ultimately, he voted transcended the pressures of their pass even the smallest resolution, they with President Jefferson and the Re- party, and bravely cast votes of ‘‘not worry that the rule change will impair publicans to enact an embargo against guilty’’ for Justice Chase, thereby pro- the ability of this institution to func- Great Britain. Yet most other Federal- tecting the independence of the U.S. tion. ists, including those in Adams’ home Judiciary. The importance of independence was state of Massachusetts, preferred to A similar great example of Senate noted on November 3, 1774 in a speech make excuses for the British behavior independence occurred in the impeach- of historical importance to the Elec- and urge caution. Realizing the polit- ment trial of President Andrew John- tors of Bristol by Edmund Burke, a ical suicide he was committing, Adams son. President Johnson achieved the Member of the British Parliament: remarked to a friend, ‘‘This measure ire of the Congress, and the public gen- ‘‘. . . his (the legislators) unbiased opinion, will cost you and me our seats but pri- erally, when he suspended the Sec- his mature judgment, his enlightened con- vate interest must not be put in oppo- retary of War, Edwin Stanton, in viola- science, he ought not to sacrifice to you, to sition to public good.’’ His prediction tion of the 10-year Oath-of-Office Act any man, or to any set of men living. Your was right. He lost his seat. representative owes you, not his industry which passed over the President’s veto. Kennedy recounts further in ‘‘Pro- only, but his judgment; and he betrays, in- That legislation prevented the Presi- files in Courage,’’ how Senator Thomas stead of serving you, if he sacrifices it to dent from removing, without the con- Hart Benton, a Democrat from the your opinion.’’ sent of the Senate, all new office- slave-holding state of Missouri, ele- President John F. Kennedy, while a holders whose appointments require vated his love of the Union and his be- member of this body, wrote Profiles in confirmation of that body. Public opin- lief in manifest destiny over populist Courage which cities the roles of coura- ion ran very high against President notions of secessionist Southern states. geous Senators who chose the national Johnson. Though Benton owned slaves and was good over party loyalty. He summed it In ‘‘Profiles in Courage,’’ Senator one of the few Senators to bring them up on one of his famous quotations: KENNEDY again described the unfolding with him to his Washington home, he ‘‘Sometimes party loyalty asks too drama: refused to speak in favor of or against much.’’ To their dismay, at a preliminary Repub- slavery in emergent states such as As President Kennedy wrote in the lican caucus, six courageous Republicans in- California and New Mexico, as they introduction to his book: dicated that the evidence produced so far were added to the Union. Benton was was not in their opinion sufficient to convict Of course, both major parties today seek to known for his fiery rhetoric and inde- Johnson . . . serve the national interest. They would do so pendent streak throughout his thirty in order to obtain the broadest base of sup- There were public outcries and party port, if for no nobler reason. But when party years in the Senate. In a prescient, outcries against the deviation from and officeholder differ as to how the national foreboding statement, one of Benton’s their party loyalty. The party said: interest is to be served, we must place first Missouri contemporaries remarked, ‘‘All must stand together!’’ All but one the responsibility we owe not to our party or ‘‘[a]t an early period of [Benton’s] ex- Republican Senator announced their even to our constituents but to our indi- istence, while reading Plutarch, he de- opinions. One who would not was Ed- vidual consciences. termined that if it should ever become mond G. Ross of Kansas. Kennedy further noted, in words necessary for the good of his country, The Radicals were outraged that a Senator which ring as true today as they did he would sacrifice his own political ex- from such an anti-Johnson stronghold as decades ago: istence.’’ Senator Benton did exactly Kansas could be doubtful. Indeed, despite Today the challenge of political courage that. public clamor and partisan outcry against looms larger than ever before. For our every- Courageous Senators and this insti- him, Senator Ross was resolute in his unwill- day life is becoming so saturated with the tution as a whole resisted great polit- ingness to signal his thoughts in advance of tremendous power of mass communications ical pressure to reject steps that would the ultimate vote on the Articles of Im- peachment. As the impeachment trial droned that any unpopular or unorthodox course have threatened the separation of judi- on, he remained the only unknown voter arouses a storm of protests such as John cial powers and the independence of the among Republican Senators. Quincy Adams—under attack in 1807—could President. These instances were the never have envisioned. Our political life is Ross ultimately voted not guilty, in becoming so expensive, so mechanized and so 1804–1805 impeachment and trial of As- defiance of party loyalty. Reflecting on dominated by professional politicians and sociate Justice Samuel Chase and the what colored his odd voting pattern, public relations men that the idealist who 1868 impeachment of President Andrew given his disdain for President John- dreams of independent statesmanship is Johnson. son, and his near mechanical party loy- rudely awakened by the necessities of elec- Republicans under Thomas Jefferson alty until that single moment, Ross tion and accomplishment. sought to have Associate Justice Sam- said, in historic words: Continuing, Kennedy wrote: uel Chase of the United States Su- In a large sense, the independence of the Of course, it would be much easier if we preme Court impeached in 1804. The executive office as a coordinate branch of could all continue to think in traditional po- outcome of Justice Chase’s trial would government was on trial. . . . If . . . the litical patters—of liberalism and conserv- largely determine whether the judici- President must step down . . . a disgraced atism, as Republicans and Democrats, from ary could remain independent or be- man and a political outcast . . . upon insuffi- the viewpoint of North and South, manage- come a subordinate branch of govern- cient proofs and from partisan consider- ment and labor, business and consumer or ment where justices looked to the leg- ations, the office of President would be de- some equally narrow framework. It would be islature for patronage and job security. graded, cease to be a coordinate branch of more comfortable to continue to move and It was Justice Chase’s penchant for the government, and ever after subordinated vote in platoons, joining whomever of our to the legislative will. It would practically colleagues are equally enslaved by some cur- politicking and expressing Federalist have revolutionized our splendid political rent fashion, raging prejudice or popular views from the bench that got him in fabric into a partisan Congressional autoc- movement. But today this nation cannot tol- trouble. racy. . . . This government had never faced erate the luxury of such lazy political habits. Justice Chase was tried before the so insidious a danger . . . control by the Only the strength and progress and peaceful Senate. Aaron Burr, the controversial worst element of American politics.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4052 CONGRESSIONAL RECORD — SENATE April 21, 2005 Ross went on to say: The value of independence, expressed The PRESIDING OFFICER. Under If Andrew Johnson were acquitted by a in the dissenting opinions of Holmes the previous order, there will be 4 nonpartisan vote . . . America would pass and Brandeis, called public attention hours of debate equally divided be- the danger point of partisan rule and that in- to values which later became the pil- tween the two leaders or their des- tolerance which so often characterizes the lars of our democracy. Dissenting in ignees, and the Democratic time will sway of great majorities and makes them Olmstead v. United States, Justice be equally divided between the Senator dangerous. Brandeis said: from West Virginia, Mr. ROCKEFELLER, Mr. President, I know morning busi- The makers of our Constitution conferred, and the Senator from Oregon, Mr. ness has expired. But in the absence of as against the Government, the right to be WYDEN. any other Senator seeking recognition, let alone—the most comprehensive of rights The Senator from Kansas. I ask unanimous consent to proceed for and the right most valued by civilized men. Mr. ROBERTS. Mr. President, I an additional 10 minutes. To protect that right, every unjustifiable in- thank you. The ACTING PRESIDENT pro tem- trusion by the Government upon the privacy Mr. President, as chairman of the pore. Without objection, it is so or- of the individual, whatever the means em- Senate Select Committee on Intel- dered. ployed, must be deemed a violation of the ligence, I rise today in strong support Mr. SPECTER. Mr. President, inde- [Constitution]. of the nomination of Ambassador John pendence and dissent from the major- That view of the most basic ‘‘right to D. Negroponte to serve as our Nation’s ity view has a great tradition in our be let alone’’ later became the pillar of first Director of National Intelligence. country, further exemplified by inde- civil rights in our society in many con- The committee held Ambassador pendent, thoughtful U.S. Supreme texts. It is the foundation of today’s Negroponte’s confirmation hearing on Court Justices who formulated impor- debate on the Patriot Act where rep- Tuesday, April 12, and voted favorably tant legal principles which were later resentatives of the political right and to report his nomination to the full embraced as the law of the land. the political left reference that value Senate on Thursday, April 14. In a series of powerful and famous as the barometer of the balance of gov- Now, the speed with which the com- dissents, Justice Oliver Wendell ernmental power to provide for our Na- mittee acted upon this nomination and Holmes and Justice Louis Brandeis, ar- tion’s security. the nomination of LTG, soon to be ticulated a logic so compelling that it The Holmes/Brandeis independent four-star general, Michael Hayden, to became the majority view within a views, expressed in Supreme Court dis- be the Principal Deputy Director of Na- generation. Their examples serve as a sents, later became the law of the land tional Intelligence, really underscores reminder of the importance of dissent on such important issues as freedom of the importance the committee, and I and independence. speech, prohibiting child labor, lim- believe the Senate, places on con- As a law student, I was inspired by iting working hours, and peremptory tinuing and ensuring reform of our Na- Justice Holmes’s dissent in Abrams v. challenges in criminal cases. tion’s intelligence community and, as a United States, when he wrote: These illustrations of Senatorial and result, our national security. While our intelligence community But when men have realized that time has judicial independence demonstrate the upset many fighting faiths, they may come value of free thinking in deciding what has a great number of successes—let to believe even more than they believe the is best for our Nation’s long-range in- me emphasize that—of which intel- very foundations of their own conduct that terests. Central to the definition of de- ligence professionals should be justifi- the ultimate good desired is better reached liberation is thought. And we pride ably proud—and the problem here is by free trade in ideas—that the best test of ourselves on being the world’s greatest that when we have successes in the in- truth is the power of the thought to get deliberative body. And thought re- telligence community, many times ei- itself accepted in the competition of the quires independence—not response to ther the community or those of us who market, and that truth is the only ground party loyalty or any other form of dic- serve on the committee or those who upon which their wishes can be successfully are familiar with those successes can- carried out. That, at any rate, is the theory tation. The lessons of our best days as of our constitution. a nation should serve as a model today not say anything about them because it is classified—but the intelligence The theme of free-thought and inde- for Senators to vote their consciences on the confirmation of judges and on failures associated with the attacks of pendence, so artfully articulated by 9/11 and the intelligence community’s Justice Holmes, is also the foundation the constitutional/nuclear option. If we fail, then I fear this Senate will flawed assessments of Iraq’s WMD pro- of ‘‘Profiles in Courage.’’ I think the grams underscored the need for funda- essence of that theme was best summa- descend the staircase of political gamesmanship and division. But if we mental change across the intelligence rized by then-Senator John Kennedy, community. when he said: succeed, our Senate will regain its place as the world’s preeminent delib- In my years on the Senate Intel- Foreign ideology . . . fears free thought erative body. ligence Committee, I have met many of more than it fears hydrogen bombs. these hard-working men and women of Free thought is the ultimate road to I thank the Chair and thank my col- leagues and yield the floor. the intelligence community who work truth. Free thought is the energy that day in and day out with one goal in drives the political machine that leads f mind; that is, to keep this Nation se- to good public policy in our society. CONCLUSION OF MORNING cure and our people safe. Free thought, and its companion, free- BUSINESS They are held back, however, by a dom of speech and assembly and press, The PRESIDING OFFICER (Mr. GRA- flawed system that does not permit are the core attributes of democracy HAM). Morning business is closed. them to work as a community to do that are today taking root around the their best work. So we need to honor world. f their commitment and their sacrifices ‘‘Free trade in ideas’’ cannot flourish EXECUTIVE SESSION by giving them an intelligence commu- when Senators are constrained to fol- nity worthy of their efforts and capable low a political party’s edict. When the of meeting their aspirations and our merits of individual judicial nominees NOMINATION OF JOHN D. expectations of them. are debated and considered, without NEGROPONTE TO BE DIRECTOR So responding to that demonstrated the counter-marjoritarian filibuster OF NATIONAL INTELLIGENCE need for reform, Congress really cre- preventing resolution, only then do we The PRESIDING OFFICER. Under ated the position of Director of Na- achieve Holmes’s ‘‘best test of truth.’’ the previous order, the Senate will pro- tional Intelligence with the intent of Similarly, if the constitutional/nuclear ceed to executive session for the con- giving one person the responsibility option is debated and considered with- sideration of calendar No. 69, which the and authority to provide the leadership out adherence to the party line, we will clerk will report. that the Nation’s intelligence appa- pursue the tested process to find the The legislative clerk read the nomi- ratus has desperately needed and to ex- truth that is ‘‘the only ground upon nation of John D. Negroponte, of New ercise command and control across all which [our] wishes can be successfully York, to be Director of National Intel- the elements of the intelligence com- carried out.’’ ligence. munity.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4053 In short, through legislation, we cre- face tremendous challenges and will re- First, however, as the chairman did, ated the DNI, the Director of National quire unwavering support from both I am going to take a few minutes to de- Intelligence, to provide the intel- Congress and the White House. scribe how critical this new position is ligence community with a clear chain I am pleased President Bush has to our country and its future, the mag- of command and the accountability made it very clear that the DNI will nitude of the challenges Ambassador that comes with that. have strong authority in his adminis- Negroponte will face. To facilitate that chain of command, tration. We in Congress must do our In 1947, Congress created the Central and to foster accountability, the Na- part, and we begin with the nomination Intelligence Agency and the Director of tional Security Intelligence Reform of Ambassador Negroponte. Central Intelligence. The Cold War was Act of 2004 gave the DNI significant The President has made an excellent upon us and the Nation needed intel- management authorities and tools, in- choice in choosing the Ambassador to ligence about our new adversary. The cluding expanded budget authority, ac- serve as the first DNI. He has dedicated structure we put in place at that time quisition, personnel, and tasking au- more than 40 years of service to our to keep tabs on the Soviet Union grew thorities. country. Over the course of his public and took on additional missions over These authorities, however, are lim- service career, the Senate has con- the next 40 years. But the intelligence ited in significant ways, and the legis- firmed him seven times, including five community stayed primarily focused lation leaves certain ambiguities about times for ambassadorial positions in on that one target of the Soviet Union. the DNI’s authorities. Honduras, Mexico, the Philippines, the Then in 1990, the Soviet Union dis- As a result, there are questions about United Nations and, of course, most re- solved. The world changed dramati- the DNI’s ability to bring about the cently in Iraq. Ambassador Negroponte cally, but our intelligence organiza- kind of change and true reform nec- has also held a number of key positions tions for the most part did not. As a essary to address the failures high- within the executive branch, including consequence, we have for the past 15 lighted by the 9/11 attacks and the as- serving as Deputy National Security years made do with an intelligence sys- sessments of Iraq’s WMD programs. Advisor. tem designed to penetrate and collect So the task of resolving these ambi- In short, his career has been dedi- information about a single static ad- guities and questions will fall to the cated to intelligence and national secu- versary. There was no one in charge to first Director of National Intelligence. rity matters, and he has a great deal of force change from within, and before As the WMD Commission pointed out experience to offer as the new Director September 11 of 2001, there was little in its recent report, the DNI will have of National Intelligence. He is well impetus for change from without. to be adept at managing more through suited for this position. I look forward The National Security Act of 1947, resource allocation than through com- to working with him. the genesis of all of this, designated mand. In my discussions with Ambassador the DCI to serve as the head of the Cen- Moreover, the first DNI will define Negroponte, I have made it clear that tral Intelligence Agency, also the prin- the power and scope of future Directors Congress and the American people ex- cipal adviser to the President on intel- of National Intelligence and will deter- pect him to make a difference in the ligence matters, and the head of the mine, in large measure, the success of intelligence community. I must say, on U.S. intelligence community—all three our efforts to truly reform the intel- behalf of the Senate Select Committee ligence community. of those assignments. Bringing about that reform is not on Intelligence and on behalf of my The Director of Central Intelligence going to be easy. Numerous commis- vice chairman and myself, we have ran the CIA, advised the President, sions—many commissions—have iden- promised to conduct aggressive, pre- but, frankly, never exercised the third tified the same failings as those that emptive oversight in regard to helping responsibility, which is probably the resulted in the legislation that created the DNI answer the challenges he will most important other than advising the DNI. Yet previous reform efforts face with regard to the capabilities we the President, and that is managing have proven largely fruitless. have or do not have with regard to the the intelligence community itself. So immune to reform is the intel- intelligence community. Even after the events, tragic though ligence community that the WMD We expect him to break down those they might have been, of 9/11, it took 3 Commission described it as a ‘‘closed barriers to information access I alluded years, two major investigations of world’’ with ‘‘an almost perfect record to earlier. We expect him to improve those events, and the stunning intel- of resisting external recommenda- the human intelligence capabilities we ligence failures prior to the Iraq war to tions.’’ need. And ultimately, we expect him to break through the entrenched interests Allow me to relay one example to provide leadership and accountability. and to achieve reform that created the demonstrate this point. In response to these questions, during position of director of something called Over 3 years have passed since the his confirmation hearing, the Ambas- national intelligence, all of it. September 11 attacks, and the ele- sador simply responded ‘‘I will’’ with The difficulty involved in the birth of ments of the community have not conviction. this new office serves as a warning for made the progress that we want in Clearly Ambassador Negroponte will the challenges that the Ambassador, if sharing intelligence data amongst the face significant challenges. He is going confirmed, as I hope he will be, will community. The distinguished vice to carry heavy burdens. I am con- face. Bureaucracies are amazingly slow chairman and I call that ‘‘information vinced, however, he has the character, to change. That doesn’t say anything access.’’ the expertise, and the leadership skills bad about the people. That is the way Elements within the intelligence required to successfully meet these the world works, whether it is cor- community, unfortunately, continue to challenges and to shoulder these re- porate, private, or whatever. The bu- act—some elements—as though they sponsibilities. reaucracies are tenacious in defending own the intelligence data they collect I urge my colleagues to support this their turf. Some of the stories are re- rather than treating that data as be- nomination, and I reserve the remain- markable within the 15 intelligence longing to the U.S. Government. der of my time. agencies the Ambassador will have to As a result of the community’s fail- The PRESIDING OFFICER. The Sen- oversee. Reform of the intelligence ure to repudiate outdated restrictions ator from West Virginia. community will involve stepping on on information access, and its refusal Mr. ROCKEFELLER. Mr. President, I the turf of some of the most powerful to revisit legal interpretations and pol- join with the chairman of the Intel- bureaucracies in Washington. And first icy decisions that predate the threats ligence Committee in what he has said. and foremost among those is the De- now confronting the United States, im- Today the Senate is considering the partment of Defense. pediments to information access are nomination of Ambassador John Eighty percent of our intelligence reemerging—reemerging, even today— Negroponte to become the Nation’s spending is in the DOD budget. The in- in the very programs designed to ad- first Director of National Intelligence. coming Director of National Intel- dress the problem. Personally, I strongly support this ligence will have to quickly establish a Clearly, then, the Nation’s first Di- nomination, and I will discuss the rea- close working relationship with the rector of National Intelligence will sons why in a moment. Secretary of Defense, but it must be a

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4054 CONGRESSIONAL RECORD — SENATE April 21, 2005 relationship of equals, and Ambassador going to have to be ‘‘access,’’ that any- rounding the collection of intelligence Negroponte must be willing to exercise body in that business has access to through the detention, interrogation, the authority given him by the legisla- that intelligence automatically by def- and rendition of suspected terrorists tion and the President when he and the inition unless there is a particular and insurgents. We have been subjected Secretary differ. In effect, the Director need-to-know restriction. to an almost daily deluge of accusa- of National Intelligence supersedes the The Director of National Intelligence tions of abuse stemming from these op- head of the Department of Defense. has to create a new culture where the erations. Ambassador Negroponte also will en- process of producing intelligence is co- The intelligence we gain through counter and need to manage the CIA, ordinated across agencies from the be- these interrogations is, frankly, too an organization accustomed to oper- ginning. The collection strategies for important to allow shortcomings in ating with tremendous autonomy, a various targets need to be unified, and this program to continue, and the Di- world unto itself. Some of these agen- the intelligence collected needs to be rector of National Intelligence will be cies, such as the National Security available to everyone with the proper the official responsible for ensuring we Agency—they are called NSA—get clearance and the need to know that have a comprehensive, consistent, acronyms, ‘‘no such agency’’—that is information. legal, and operational policy on the de- part of the way their world operates. That is the concept of jointness in tention and interrogation of prisoners That is not to denigrate them, their operation that the Presiding Officer because there is enormous flux in that public service, their public commit- knows well because he is on the Armed whole area right now. The lack of clar- ment, their willingness to offer up Services Committee, as is my col- ity in these areas has led to confusion their lives for their country. But bu- league, the chairman of the Intel- and likely contributed to the abuse we reaucracy of a huge magnitude it sure- ligence Committee. Jointness is a con- have witnessed. ly is. cept the military has used and made Dealing with the many challenges is Then there is the FBI, an agency work very effectively. It goes back to a tall order. But if anybody can suc- which is dominated by its law enforce- the Goldwater-Nichols Act almost 20 ceed in the position of DNI, Director of ment history and struggling to make years ago, and it is something the In- National Intelligence, an entirely new itself into a full partner in the intel- telligence Committee is going to have position in the U.S. Government, one ligence community. Some question to learn how to do. Making funda- of the three or four toughest jobs in whether that can be done; my mind is mental changes is absolutely essential Washington, that person is Ambassador still open to it. They are trying. Most in order to make sure our intelligence Negroponte. He has a 40-year career of people say it is working at the top but is timely, objective, and independent of public service, as has been indicated, in not in the middle, because if you are a political consideration. some of most difficult and critical lawyer, you have a yellow pad, you go The credibility of the intelligence posts in the Foreign Service: Vietnam, arrest somebody for breaking the law. community—and, by extension, the the Paris peace talks, South and Cen- If you are an intelligence officer, you credibility of the United States—has tral America, the U.N., and most re- find somebody you are suspicious of, suffered when key intelligence reports cently in Baghdad. and you don’t arrest that person. You such as the prewar intelligence report He has been doing this for 40 years. surveil that person, you trail that per- on Iraq failed the test of being timely, One of the things I have appreciated son, maybe for weeks, months, to find objective, and independent as required particularly about him is that he is not out where that person takes you and by law. It is not something they just a military person, not a political per- what intelligence we can learn from ought to be doing; it is required by the son, not an intelligence person. He is a that. 1947 National Security Act. But these are powerful organizations Making major changes in the way the diplomat. He is somebody who, through with very proud histories. They are community operates and produces in- his entire career, has engaged in under- populated by dedicated and talented telligence will be the first step for Am- standing the nuances of the cultures public servants who have contributed bassador Negroponte. He also must in- we have to deal with in the intelligence to our security for decades. But our still a sense of accountability. On this world and what follows intelligence needs are now different. All of these many of us feel strongly. The joint in- across the world. But he also knows a agencies now must change the way quiry conducted by the Senate and the great deal about intelligence and the they do business. House Intelligence Committees into military operations and the political Ambassador Negroponte takes charge the events of 9/11 called for account- aspects of life simply because you can- at a time when the intelligence com- ability for the mistakes made prior to not be an ambassador and avoid those munity is reeling from criticism for the attack where thousands lost their things. the lapses prior to 9/11 and the signifi- lives. The WMD commission, which fin- He is a diplomat, a manager, a nego- cant failures related to prewar intel- ished its work, also highlighted this tiator, which is crucial to bringing ligence on Iraq. issue. these agencies together and to go back The chairman and I worry about that But despite these findings and de- and forth with the President and the because it affects morale. One doesn’t spite what one would think the coun- Congress. He has extensive knowledge want to affect morale. But on the other try would assume and expect, no one of the workings of the Government. hand, intelligence agencies have to re- has been held accountable for the nu- That is a very prosaic statement, until flect the current needs of this country merous failures to share critical intel- one takes it at face value. Most people and act accordingly. ligence and act on intelligence warn- don’t. They have extensive knowledge The loose amalgam of 15 intelligence ings in the year and a half prior to the about certain parts of Government. He agencies needs a leader who can change 9/11 attacks. Likewise there has been a covers the ballfield. He has the tem- not simply the boxes on an organiza- lack of accountability over the failings perament, standing, and self-con- tional chart but the way we do intel- in the collection, analysis, and use of fidence, frankly, to deal with the Wash- ligence. The different agencies tradi- intelligence prior to the Iraq war itself. ington bureaucracy. He has a great tionally have collected intelligence Accountability means people get deal of confidence in himself, and he from their sources, analyzed it, put it fired or people get demoted or people ought to—he has the backing of some- into their databases, and then shared it get scolded or, concurrently, people are body called the President of the United as they deemed appropriate. The chair- patted on the back, rewarded, encour- States of America. man and I are very fond—both of us—of aged, motivated further, held up before The Intelligence Reform Act provides saying the word ‘‘share’’ is now out- their colleagues as exemplary because the Director of National Intelligence moded. There is a need-to-know basis they have done something particularly with considerable authority. But in from time to time. But if you share well. Washington, DC, the support of the something, that means you own it and So the Ambassador is not only going President is invaluable in exercising that you make the decision you will to have to deal with problems from the authority. To put it another way, a share it with somebody. We prefer the past, but he will have to face imme- person loses their stature pretty quick- modern word for intelligence which is diately the growing scandal sur- ly if the President is not backing that

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4055 person in high-profile decisions, par- ment of Defense. That was right on tar- National Intelligence. I rise today in ticularly in those instances when deci- get. strong support of his confirmation for sions meet resistance from the heads of There has been a great deal of com- this demanding position. I agree with other departments and other agencies ment, as the vice chairman knows, the chairman and vice chairman; I can which have full call on the President that 80 percent of the funding of the in- think of few people as well suited by and his attention. The President’s sup- telligence budget goes to the military, experience, intelligence, and dedication port will be absolutely critical to Am- and in terms of being the majority user to tackle this assignment. I heard the bassador Negroponte’s success—and of intelligence nobody would quarrel remarks of the vice chairman, and I succeed he must, Mr. President. with that. I don’t know of any Member wish to associate myself with those The United States faces a period of of Congress who would say otherwise. I very fine remarks—particularly his re- enormous uncertainty and threat. The think we have made great progress be- marks about General Hayden who is problems of international terrorism tween the intelligence and the military nominated to be the Principal Deputy. will be with us for many decades, and and the real-time analysis or real-time We are not talking about his nomina- the proliferation of weapons of mass intelligence to the warfighter, even tion today, but I associate myself with destruction poses a danger at this though our challenges in parts of the the high commendation that has been minute for the entire world and will for world are very great. But I point out— made of this gentleman, who also de- decades to come. and I think the vice chairman agrees— serves prompt confirmation, so that we These are difficult targets for the in- that the principal user of intelligence— can get about the critically important telligence community, but these are not majority but principal user of in- work of providing intelligence. Ambas- the things that threaten our security telligence—is not the military, as im- sador Negroponte’s wealth of experi- every moment. These are the issues the portant as they are; it is the President ence and outstanding track record intelligence community must master. of the United States and the National should be well known to all of us. A They are our front line of defense. The Security Council and the Congress of proven leader and manager in our na- tional security establishment, he warfighter has not yet engaged prop- the United States to determine policy. erly until the intelligence has been col- I thank the Senator for bringing that served five tours as chief of mission in U.S. Embassies. He has worked closely lected and disseminated and policy is out and I thank him for a very fine not only with frontline intelligence of- made from that. Ambassador statement and also for being a fine vice ficers but himself served as Deputy Na- Negroponte must lead all of us into a chairman. We aggressively tried to pro- tional Security Adviser. He has solid new era on intelligence. I think he is vide insight and advice to the new DNI. experience working with the U.S. mili- very well suited for the task, and I Mr. ROCKEFELLER. If my friend tary, as well as representatives of Cabi- will yield, I further say that the Presi- look forward to his swift confirmation. net departments. Most telling, his re- In closing, I also hope the Senate dent made an enormous contribution, cent experience as U.S. Ambassador to moves very quickly to confirm the which was sort of generally over- Iraq and the United Nations provide President’s nominee to be Principal looked—not by those of us who work in him with a unique view into the spec- Deputy Director of National Intel- this field of intelligence—when he trum of national security challenges ligence, and that is LTG Michael Hay- made it very clear and made an execu- we now face and how best to construct den. This is a tandem made in Heaven. tive decision that 80 percent of the an intelligence apparatus to meet General Hayden understands the mili- budget that goes to the military, those challenges. He understands that tary, the lifelong service of it. He un- minus a few very specific tactical while collecting, analyzing, and dis- derstands intelligence. He is Director areas, and necessarily so, would be seminating good intelligence are not of the National Security Agency. He under the Director of National Intel- only requirements of a sound foreign has a profound, intuitive, knowledge- ligence. That was the President declar- policy and a secure homeland, they are based understanding of what is under ing that whoever is in that position key elements. Most important, these the rocks and what is plainly in sight, will control the funding. Complications are processes in dire need of repair. The what is plainly good or wrong about can arise, but the President has been Ambassador is the right choice at the the intelligence profession. He has led clear about who is going to run this op- right time to take on these challenges. the National Security Agency for the eration, and that is very important. As we continue our war on terror last 6 years. It is an interesting fact Mr. ROBERTS. Mr. President, I could against those who would do us harm, that in the National Security Agency, ask for unanimous consent to lock in our intelligence community must also under their roof, is the largest collec- the order, but I think I can just make work to stem the proliferation and pre- tion of mathematicians in this world. a suggestion with the few Senators we vent the use of weapons of mass de- That may be known or not; I suspect it have here. I am sure more will come. struction, maintain a watchful eye on is. But these people do incredibly im- Senator BOND has a time conflict and global competitors and adversaries, be portant things. He has led them now, would like to be recognized for 10 min- alert to emerging threats, and provide having been reappointed three times. utes. Senator FEINSTEIN has been wait- guidance to policymakers on how best Together, Ambassador Negroponte and ing, as has Senator WYDEN. And then to positively influence global change. General Hayden make a powerful team. Senator COLLINS will come to the floor Most importantly, they must be able to I am very pleased to support them very quickly, one of the coauthors of provide policymakers with timely, ac- both. the Intelligence Reform Act. If we can curate, and authoritative intelligence I thank the Chair and yield the floor. have an understanding that that would to manage, instead of reacting to loom- Mr. ROBERTS. Will the vice chair- be the order, I think that would be ap- ing threats. In short, the Ambassador man yield? propriate. has his work cut out for him. Mr. ROCKEFELLER. Of course. Also, I ask unanimous consent that He will have to invigorate human in- Mr. ROBERTS. Mr. President, I the time consumed by any quorum telligence capabilities. Our spies and thank the Senator for a very com- calls be charged equally to both sides. agents must not only collect better in- prehensive statement. I thank him for The PRESIDING OFFICER. Without telligence, they must work to pene- what I think is a very accurate state- objection, it is so ordered. trate the governments of rogue states, ment, more especially with the history Mr. ROBERTS. Mr. President, I am terrorist and insurgent organizations, he has outlined of the intelligence more than happy to yield 10 minutes to and closed societies where some of the community; more especially with the a valued member of the committee, the most devious plots to attack America contributions of the men and women Senator from Missouri, Mr. BOND. and its people and interests, as well as within the intelligence community The PRESIDING OFFICER. The Sen- our allies, are hatched. We know we who have successes that obviously you ator from Missouri is recognized. have fallen short in our human intel- cannot talk about, but the obvious Mr. BOND. Mr. President, I thank ligence—or HUMINT—capabilities need for reform because of what we Chairman ROBERTS. As we all know, leading up to the conflicts in Afghani- have gone through; especially for the this February, President Bush nomi- stan and Iraq. We are going to have to Senator’s comment in relationship to nated Ambassador John Negroponte to correct that and we look for the DNI’s the new DNI in relation to the Depart- serve as the Nation’s first Director of leadership to do that.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4056 CONGRESSIONAL RECORD — SENATE April 21, 2005 As DNI, the Ambassador will have to interests. They willingly take great ship to the intelligence community as work diligently to ensure that signals risks and make great sacrifices daily. it finally adapts to post-Cold War reali- intelligence and other technical collec- Accordingly, it is the solemn obliga- ties. tion means are continuously updated, tion of the DNI to ensure their ranks Ambassador Negroponte has served expanded, and modified to not only continue to be filled with competent with distinction, both in Washington provide strategic intelligence but also visionaries, managers, and innovators and around the globe. He served as actionable information for our war who are willing to lead and care for United States Ambassador to four na- fighters—something in which I am per- them. tions and to the United Nations. As sonally most interested. Over the years, this body has seen Deputy National Security Adviser, Am- Our intelligence community is home and even drafted recommendations to bassador Negroponte was intimately to some of the world’s finest minds establish a DNI and/or a more account- involved in the formation and use of in- which have averted disaster and pro- able and powerful chief of our intel- telligence. He is well suited to over- vided the highest quality information ligence community. While the estab- seeing the collection of vital intel- to consumers from the President down lishment of a DNI is historic, it was ligence needed for the United States to to the privates on the front line. How- not established to the degree of budg- protect itself. Ambassador Negroponte ever, inferential analysis and ‘‘group etary and other powers that I, along comes to this new position without think’’ are practices against which the with several of my colleagues, would strong ties or bias to any specific intel- DNI must guard. The DNI must ensure have liked and thought would be very ligence agency. That is an enormous that rigorously competitive analysis necessary. So the Ambassador will face strength, and I believe he will be an models and improved analytics challenges as he asserts his authority honest broker and manager for the tradecraft be implemented. over the 15 intelligence agencies he community. He has pledged that he The problem of inaccurate informa- will supervise. I hope he will use the will be a neutral and apolitical pro- tion sharing amongst agencies has been implied powers of this position and the vider of intelligence to Government a recurring theme during the review of positive enforcement and support of policymakers. the Senate Select Committee on Intel- the President to make sure the work Although General Hayden’s nomina- ligence of our recent intelligence fail- that needs to be done is done and the tion is not before us at this time, I ures leading to 9/11 and U.S. assess- DNI will have the power that, unfortu- wish to say I hold him in the highest ments of Iraq WMD programs. We have nately, he was not given in the legisla- regard. He is a skilled manager and an seen, unfortunately, even since 9/11, far tion but we believe he must exercise. expert in the workings of our Nation’s too recent incidents where agencies Reflecting on the recommendations intelligence apparatus. General Hayden working on common problems did not of the 9/11 Commission, and the WMD led a remarkable turnaround of an share that information and those Commission, as well as many pre-9/11 enormously complex and technical sources. In this day, that is totally un- studies, and the work that has gone on agency, the National Security Agency. acceptable. The DNI will not only face in the Select Committee on Intel- He was first made Director of the NSA the challenge of ensuring that informa- ligence, I fully endorse and call on my under President Clinton and has had tion is passed up and down the chain of colleagues to support Ambassador his tour extended three times by Presi- command, but that colleagues working Negroponte as he establishes these dent Bush. That is a true testament to for different agencies within the intel- powers to make sure our homeland is his leadership. He has proven his abil- ligence community can and do regu- protected and our policymakers and ity to establish a skilled and dedicated larly share and exchange information warfighters on the ground are well in- workforce. In short, General Hayden is and ideas. formed. a strong choice to be the day-to-day The Senate Select Committee on In- Having met with Ambassador manager of the intelligence commu- telligence, under the wise, compas- Negroponte at length and being well nity. sionate guidance of Chairman ROBERTS, aware of his qualifications, I am con- Both men have the strength, the vi- has espoused the idea of not merely in- fident he will not only meet these high sion, and the determination that is formation sharing but of information standards but will set a fine precedent necessary to be successful in their new access. It is a difficult task. Sensitive for all succeeding DNIs to follow. positions. information must be protected from I ask my colleagues to act quickly to As my colleagues know, I introduced disclosure, and too often protecting it confirm Ambassador Negroponte to legislation to create a DNI in the 107th from disclosure means not sharing it lead our intelligence community so he Congress and again in the 108th Con- with people who are working on the may begin in earnest to make the dif- gress. So I was pleased to see that with same project. Nonetheless, the Ambas- ficult changes we believe are sorely the support of the 9/11 Commission and sador has assured me that an analyst needed. the chairs and ranking members of the with a need to know will have access to I thank the Chair, I thank the man- Intelligence and Governmental Affairs the information, regardless of who col- agers of this nomination, and I urge Committees, this position was finally lects it and who is working on it. prompt confirmation. established. In the end, no matter what means is The PRESIDING OFFICER. The Sen- As Director and Deputy Director of used to collect intelligence, it is the ator from California. National Intelligence, these appointees fine, brave, and dedicated men and Mrs. FEINSTEIN. Mr. President, as a face daunting challenges. The 15 intel- women of the intelligence community member of the Intelligence Committee, ligence agencies are a community in who will make it work on any given I wish to make a few comments both name only. The fiefdoms and turf bat- day on the ground. It will be not only about Ambassador John Negroponte tles—the stovepipes—between agencies a responsibility but a duty of the DNI and also LTG Michael Hayden. He is may have lessened since September 11, to ensure that these men and women soon to be General Hayden, I under- but they continue to hinder our intel- receive the proper education and train- stand. ligence operations. ing to discharge their duties. While Mr. ROCKEFELLER. Will the Sen- Our technical means for collecting substantive expertise and technical ator allow me to yield to her such time intelligence must be adapted to this prowess are essential, leadership and as she may desire? new nonstate terrorist world and its management training, along with Mrs. FEINSTEIN. I certainly will. I challenges. The acquisition and devel- mentorship programs are key elements thank the Senator from West Virginia. opment of new intelligence systems that will ensure that we attract, as I know General Hayden will be a need better management. well as retain, the talented, motivated, four-star general very shortly. I think The demands for better human intel- and dedicated personnel we need. that is very good news. So we will have ligence are well documented by re- The men and women of the intel- the first Director and Principal Deputy ports, including the Congressional ligence community are our first trip- Director of National Intelligence. Joint Inquiry, our Intelligence Com- wire to help stave off disaster. They I believe these are both excellent mittee’s Iraq study, the 9/11 Commis- can advise us on prudent courses of ac- nominees. They will provide strong sion, and the President’s own WMD tion to advance our national security new overall management and leader- Commission. Each of these reports

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4057 spells out, in stark terms, the organi- ing office. General Hayden, with his ex- scription was offered by former Sec- zational, the leadership, and the capa- perience in fighting these battles as Di- retary of State Powell at one of our bility challenges that await Director rector of NSA, will be a key adviser committee’s many hearings. He said Negroponte and General Hayden. and ally in fulfilling this charge. what the intelligence community real- The U.S. intelligence estimates of The men and women who work for ly needed was an empowered quarter- Iraq’s weapons of mass destruction the 15 intelligence agencies are skilled back. were, as the WMD Commission stated, and dedicated, but they need innova- The new law creates the Director of ‘‘dead wrong’’ before the war. There tive, new tools and ways of doing busi- National Intelligence as that empow- was a lack of solid intelligence, made ness to meet our future strategic intel- ered quarterback, with significant au- worse by fundamental and inexcusable ligence needs. I am confident that Di- thority to manage the intelligence lapses in tradecraft and judgment. The rector Negroponte and Deputy Director community and to transform it into, to systematic failings will take sustained Hayden will work to provide these use President Bush’s term, a single leadership and vigorous oversight to needs. unified enterprise. correct. I thank the President for forwarding I believe John Negroponte is the Our intelligence capabilities in other such skilled, nonpartisan nominees, right person, the right leader to be crucial areas—Iran and North Korea and I wholeheartedly support their that CEO, that empowered quarter- among them—are still inadequate and confirmation. back. unacceptable. As the war and postwar I yield the floor. Ambassador Negroponte is an accom- operations in Iraq show dramatically The PRESIDING OFFICER. The Sen- plished diplomat, which is a vital cre- and tragically, we cannot govern effec- ator from Kansas. dential in the international war tively and cannot make informed deci- Mr. ROBERTS. Mr. President, I am against terrorism. Having served very sions without timely and accurate in- delighted to yield 10 minutes to the recently as our Ambassador in Iraq, he telligence. We cannot afford to fail distinguished chairman of the Home- knows firsthand how important the in- again. The stakes are very large, in- land Security and Governmental Af- telligence provided is. He has been an deed. fairs Committee whose unflagging, intelligence consumer. Throughout his Thankfully, the recent Commission untiring, persevering efforts, along distinguished and varied career in serv- and Senate reports have also made im- with her coauthor, Senator LIEBERMAN, ice to our country, he has dem- portant recommendations. Both Am- led to passage of the Intelligence Re- onstrated strong, decisive leadership bassador Negroponte and General Hay- form Act that has returned us to this skills. These skills will be invaluable den have expressed willingness to make whole process where we have Ambas- in exercising the Director of National important changes. They will take sador Negroponte and General Hayden, Intelligence authorities and in car- steps to integrate and bolster intel- an outstanding team, not only to re- rying out the intelligence community ligence collection and to end ‘‘group form but to lead the intelligence com- transformation called for in our legis- think’’ and untested assumptions. munity. lation. They will use red teams and alter- I thank the Senator for her leader- The Ambassador’s extensive experi- native analysis when intelligence con- ship and her efforts. She persevered, ence in national security and foreign flicts. This was a substantial lacking and she was successful. relations is a solid foundation for the that led to the wrong judgments made The PRESIDING OFFICER. The Sen- weighty responsibilities he will have in in the Iraq National Intelligence Esti- ator from Maine. this critical position. As the first DNI, mate that so many of us relied upon to Ms. COLLINS. Mr. President, first, I Ambassador Negroponte will not only make our judgment on how to vote to thank the distinguished chairman of serve a critical role immediately, he authorize the President with use of the Senate Intelligence Committee and will also establish the relationships force in Iraq. his extraordinary ranking member for and set the precedent for future DNIs. The Director also has the authority all their work to improve the quality Thus, when I met with the Ambas- to put in place a management team of the intelligence upon which our pol- sador, I encouraged him to aggressively and implement changes, including new icymakers, our men and women who use the authorities we worked so hard mission managers and new centers, to are on the front lines, and all of us to secure in the intelligence reform focus attention on the most pressing rely. bill. One of those key authorities con- problems. Last July, the Senate leaders as- cerns the DNI’s responsibility for de- I believe strongly it is going to take signed the Homeland Security and Gov- termining the budget for the national a strong and authoritative Director of ernmental Affairs Committee the task intelligence program. He also will have National Intelligence to put our intel- of developing legislation to implement significant authority to execute that ligence community back on the right the recommendations of the 9/11 Com- budget and to transfer funds, if needed, track. Equally important, it will take mission. The committee I am privi- to meet emerging threats and the forthright and impeccably objective leged to chair devoted more than 5 greatest priorities. leaders to restore the credibility both months to this important and complex Today, at a hearing before the Armed to the American people and to the issue that is so crucial to the safety Services Committee on the nomination world that was destroyed by the assess- and well-being of the American people. of General Hayden to be the No. 2 per- ments of Iraqi weapons of mass de- We successfully accomplished our as- son to the DNI, I raised the issue with struction. signment with the enactment of the In- General Hayden about the need to ag- The legislation that created the DNI telligence Reform and Terrorism Pre- gressively exercise that budget author- last year, the Intelligence Reform and vention Act of 2004, which the Presi- ity. The law is very clear on this point, Terrorism Prevention Act, spells out dent signed into law in December. but already we have seen some signs the framework for a strong DNI, but it During the committee’s inquiry into from the Defense Department of a po- did not fill in the details. The authori- how to fix the flaws in our Nation’s in- tential challenge to the new DNI in ex- ties and responsibilities that should telligence capability that permitted so ercising that authority. have been made clear in law, I believe, many dots to go unconnected for so I think it should be very clear, will have to be instead established in long, one remedy emerged as being through the legislative history and in practice. I have discussed privately and among the very highest priorities. Our our conversations today, that the DNI through the confirmation hearing proc- intelligence community—15 disparate has a direct relationship to the heads ess with Ambassador Negroponte the agencies and entities, each with its of the National Security Agency and need for him to assert authority by own expertise and experience—clearly the other intelligence agencies that are taking bold action to lead and manage needed one leader. The role of this housed within the Pentagon but serve the intelligence community, and I will leader has often been described as that not only the Department of Defense support him in doing so. of a CEO in business, a person with the but all intelligence consumers. I was I have confidence the new Director ultimate authority over the operation pleased to hear General Hayden’s un- shares this vision and will take the and with the ultimate accountability derstanding of the extent of that au- necessary steps immediately after tak- for results. An even more succinct de- thority.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4058 CONGRESSIONAL RECORD — SENATE April 21, 2005 Ambassador Negroponte will be the front difficult facts, which I believe are been more outspoken about human first intelligence CEO to set the com- two key requirements for the Director rights practices. munity’s budget, to establish commu- of National Intelligence. Instead, the Ambassador tried to dis- nity-wide intelligence gathering and For example, I find it especially trou- miss the issue altogether by simply analytical priorities, and to employ fi- bling that the Ambassador’s perception saying the differences were not so nancial, technological, and human re- of the human rights situation in Hon- great, something I thought was pretty sources where and when they are most duras differs so dramatically from that hard to fathom, given the accounts I needed, or, as Secretary Powell might expressed by the Central Intelligence had provided to him. have put it, he will be calling the Agency, the InterAmerican Court, the The fact is, in trying to brush off this plays. This is an unprecedented chal- Honduras Human Rights Commission, issue of Honduras, the Ambassador ac- lenge and unprecedented authority, and others. The Central Intelligence tually showed less candor last week and I am convinced John Negroponte Agency released a report entitled ‘‘Se- than he has in the past. For instance, will meet this challenge in an exem- lected Issues Relating to CIA Activities at his 2003 hearing before the Foreign plary manner. I am convinced he un- in Honduras in the 1980s’’ which found: Relations Committee when he was being considered for Ambassador to the derstands the need to exercise that au- Honduran military committed hundreds of United Nations, Mr. Negroponte stated thority to the full extent of the law. human rights abuses since 1980, many of Ambassador Negroponte will provide which were politically motivated and offi- the following about Honduran human our intelligence community with ac- cially sanctioned. rights abuses: complished, experienced, dedicated, The CIA report linked the Honduran Maybe it was a mixed picture, Senator. I am more than willing to acknowledge that. and needed leadership. I whole- military personnel to death squad ac- At the same hearing he said: heartedly urge my colleagues to ap- tivities. prove this important nomination with- Mr. Negroponte, on the other hand, Could I have been more vocal? Well, you know, in retrospect, perhaps I could have out any delay. Again, I commend the said in a September 12, 1982, letter that been. chairman and the ranking member for was printed in the New York Times So you have to ask, as I have done, bringing this nominee so quickly to the Magazine that: Why would the Ambassador be less di- Senate floor. Honduras’s increasingly professional rect last week than he had been pre- The PRESIDING OFFICER (Mr. MAR- armed forces are dedicated to defending the viously? Certainly there was no na- TINEZ). The Senator from Oregon. sovereignty and territorial integrity of the tional security reason for him to duck Mr. WYDEN. Mr. President, it is not country, and they are publicly committed to questions about events that are dec- easy for a member of the Senate Select civilian constitutional rule. ades old. Perhaps the newspaper arti- Committee on Intelligence to oppose The InterAmerican Court for Human cles that morning made him fear Con- Ambassador Negroponte’s nomination Rights heard cases concerning human gress would get into issues he might on the floor of this Senate. I am well rights abuses in Honduras. In 1989, the find uncomfortable. That is certainly aware that many do not share the con- Court found: understandable, but it is absolutely un- cerns, and the views I will express this A practice of disappearances carried out or acceptable for a nominee tapped to afternoon have not been arrived at cas- tolerated by Honduran officials existed be- head our Nation’s intelligence commu- ually. tween 1981 and 1984; and nity at a time when directness and The Government of Honduras failed to The Ambassador is the consummate forthrightness is more important than diplomat, a dedicated public servant, a guarantee the human rights affected by that practice. ever before. Throughout his confirma- well-liked person who is popular with tion hearing, on issue after issue, the In an October 23, 1982, letter printed Members of the Senate of both polit- Ambassador ducked and avoided giving in the Economist, Ambassador ical parties. He has been confirmed by anything resembling a straightforward Negroponte wrote: the Senate for a variety of posts. I have answer. voted twice for those confirmations, Honduras’s increasingly professional I asked the Ambassador whether he but I am not convinced that Ambas- armed forces are fully supportive of this foresaw his office involving itself in de- sador Negroponte is the right man for country’s constitutional system. cisions relating to the implementation this job. I have reached this judgment The Honduran Human Rights Com- of the PATRIOT Act’s surveillance based on my strong belief that a pre- missioner released a report on forced powers, and in particular whether his requisite for this position should be a disappearances that occurred in Hon- office might weigh in on whether the willingness to be direct and forth- duras during Ambassador Negroponte’s Federal Bureau of Investigation should coming with policymakers even when tenure. The report states: seek a FISC warrant. the truth is difficult. Unfortunately, [t]here existed within the Armed Forces a His answer? directness was nowhere in sight in the deliberate policy of kidnapping and forcibly Senator, I am not entirely certain what Ambassador’s responses at his con- disappearing persons. my authorities would be under FISC. firmation hearing last week. Yet the introductory passage of the I asked the Ambassador whether he At that hearing, the Ambassador was 1983 State Department Country Report would be willing to take a fresh look at not even as direct and forthcoming in issued while Mr. Negroponte was Am- the United States rendition policy, pos- discussing controversial matters as he bassador stated: sibly the most controversial weapon has been in the past. For example, at The Honduran military, which ruled the being used in fighting terrorism today. the hearing I discussed with the Am- country for almost 20 years before 1982, sup- Rendition involves sending a suspected bassador his service in Honduras. I ports the present civilian government and is terrorist from one country to another made it clear at the outset that I un- publicly committed to national and local without court proceedings. Republican derstand it makes no sense to reliti- elections, which are scheduled in 1985, as and Democratic administrations have gate a war that took place in Central well as the observance of human rights. used renditions in the past, but their America more than 20 years ago. In The fact is, when you read what the use has increased significantly since 9/ spite of the lengthy news accounts Ambassador has said about Honduras, 11, and the policy has certainly printed that morning, the morning of and what the CIA and others have said changed. Previously, most suspects his confirmation hearing, providing about the same time period, it is as if were rendered to the United States. new information documenting the Am- John Negroponte was an ambassador to Now it works the opposite way. More bassador’s continued backing of the a different country. and more often the United States is Contras after the House had voted to Given these sharp differences, I asked rendering suspects to foreign countries. halt U.S. support, I chose not to focus the Ambassador last week to reconcile News reports indicate that suspects are on those issues. I raised the Honduras this very large gap between what he frequently being rendered to countries issue last week and return to it this saw and what others reported. I ex- known to torture suspected terrorists, afternoon because I believe the record pected an answer that would have at such as Syria, Egypt, Uzbekistan, and of the Ambassador’s service there is least acknowledged these very substan- Saudi Arabia. While the United States particularly telling in terms of his tial differences and indicated that in gets assurances from foreign govern- judgment and his willingness to con- hindsight the Ambassador would have ments they will not use torture, U.S.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4059 officials have little control over the Senator FEINSTEIN sought detailed possible. And I’ve seen that happen be- situation once a suspect is in the hands information on how, with regard to fore my own eyes.’’ of the foreign country. countries such as Iran and North Troubling as that answer was and the Rendition is the practice used to ad- Korea, the Ambassador intended to as- nonanswers that I received to the other dress a very difficult dilemma. Amer- sure the United States developed much important questions I asked with re- ica may lack the evidence to bring a needed credible intelligence. Ambas- spect to the PATRIOT Act and relating suspected terrorist into court; there is sador Negroponte responded: to rendition and other topics, as trou- some proof of wrongdoing, but not Well, Senator, the law prescribes a number bling as what I was told and wasn’t enough for a court of law. If the sus- of approaches to this. told, is it is not only what the Director pect is not an American citizen, it is Then I asked the Ambassador about of National Intelligence will know that possible to send them elsewhere to be the issue of overclassification of mate- is so important but what he is willing dealt with, but that can be a dicey rial in the area of national security. to say that is vital. prospect. Renditions get suspects off This is an issue that has concerned In spite of the Ambassador’s re- the streets, something which makes many in the Senate, of both political sponses to these questions, I have no Americans safer. But the tactic has parties. I have been interested in this question in my mind of Ambassador raised serious concerns for many of our matter for some time. Negroponte’s ability to master the citizens and for many people in other I was, frankly, flabbergasted when facts. What I am not confident of is his countries as well. I have heard those 9/11 Commissioner Tom Kean, who did steadfast commitment to speaking concerns, but I also recognize that ren- such a superb job in his work, with Lee those facts to ears that do not want to ditions can serve a legitimate and val- Hamilton, former Member of the other hear them. And history tells us the uable purpose. It is a question of how body—Tom Kean said 75 percent of ev- consequences of an inability or an un- this policy is carried out. Our country erything he saw when he chaired the willingness to speak truth to power can needs to have a frank and candid and 9/11 Commission that was classified be disastrous. This country saw what happened in direct discussion about this policy of should not have been classified. This is the Bay of Pigs, an unsuccessful at- rendition. But, before that can happen, what Tom Kean said in the extraor- tempt by United States-backed Cuban there needs to be some answers to some dinarily important inquiry he con- exiles to overthrow the Government of tough questions: ducted. Have any suspects been rendered The Central Intelligence Agency ini- the Cuban dictator Fidel Castro. It is a based on faulty intelligence and, if so, tially blacked out over 50 percent of classic example of what can happen what amount of intelligence should be the Senate Select Committee on Intel- when America’s intelligence commu- nity is unwilling or unable to be can- necessary before a rendition takes ligence Report on Iraq’s WMD pro- did. In his review of the Bay of Pigs in- place? grams and links to terrorist groups. Are there certain countries to which I will tell colleagues I thought Chair- vasion release to the public in 1998, CIA the United States should not render Inspector General Lyman Kirkpatrick man ROBERTS and Senator ROCKE- suspects? identified numerous failures. These in- FELLER did a superb job in guiding our Are the assurances the United States committee to a unanimous judgment clude: gets in the rendition area sufficient with respect to Iraq and that impor- [The f]ailure to subject the president, espe- with regard to the use of torture? cially in its latter frenzied stages, to a cold Does the United States need to retain tant report. But if the CIA had had its and objective appraisal by the best operating more control of suspects it renders, es- way, page after page after page would talent available, particularly by those not pecially to countries that have weak have been blacked out. involved in the operation, such as the Chief human rights records? The National Archives Information of Operations and the chiefs of the Senior Security Office reported 14.2 million Staffs; How good is the intelligence the [The f]ailure to advise the president, at an United States is getting from rendered classification actions in 2003, twice the number recorded 10 years earlier. The appropriate time, that success has become suspects? dubious and to recommend the operation be, What is the effect of a rendition pol- agencies are becoming more creative in therefore, canceled and that the problem of icy on America’s diplomatic relations terms of how they overclassify. In addi- unseating Castro be restudied; with other countries? tion to the traditional ‘‘limited official The failure to maintain the covert nature These are some of the important use,’’ ‘‘secret’’ and ‘‘top secret,’’ some of the project—‘‘[f]or more than three questions that need to be answered. So agencies now have ‘‘sensitive security months before the invasion the American in an effort to examine Ambassador information,’’ ‘‘sensitive Homeland Se- press was reporting, often with some accu- curity information,’’ ‘‘sensitive but un- racy, on the recruiting and training of Cu- Negroponte’s openness and to try to de- bans. Such massive preparations could only termine his judgment in a difficult classified’’ and ‘‘for official use only’’ be laid to the U.S. The agency’s name was area such as this, I asked the Ambas- classifications, as well. freely linked with these activities. Plausible sador whether he would be willing to Secrecy has become so pervasive it denial was a pathetic illusion.’’ take a fresh look at our rendition pol- makes you wonder whether facts are This is what the inspector general icy; not a point-by-point description of being classified for legitimate reasons said. This is not what a partisan said. what he would do, but simply would he or to protect the individuals and agen- Yet the CIA unrealistically plowed be willing to take a fresh look, a new cies involved. ahead, unwilling or unable to face the inspection of this country’s approach As I mentioned, this has been a bi- reality of the situation that the oper- in rendition. partisan concern. I am particularly ation was doomed to fail, and as a re- The Los Angeles Times summed up grateful for the work Senator LOTT has sult the CIA was humiliated, many the Ambassador’s response to my ques- been willing to do with me. We took died, our prestige was damaged. tion about rendition with four words. some modest steps in the intelligence Throughout the entire time our They said: ‘‘Negroponte avoided the reform bill to open this process and try country was in Vietnam the intel- question.’’ to bring some balance back into the ligence community also failed to be The Ambassador, I would point out, area of classification. But given this forthright and was plagued by over- ducked other important questions history, given the huge explosion in optimism. One example was particu- asked by members of the Senate Select terms of overclassification of Govern- larly worth noting. Committee on Intelligence. For exam- ment documents, I was interested in In 1963, the Board of National Esti- ple, our colleague from Michigan, Sen- what the Ambassador had to say with mate’s draft Nation Intelligence Esti- ator LEVIN, asked the Ambassador to respect to this. mate concluded that ‘‘The struggle in explain what action he would take if When I first asked, he said: South Vietnam at best will be pro- the Ambassador concluded policy- Senator, I don’t know about classification tracted and costly [because] very great makers were making public statements or overclassification. weaknesses remain and will be difficult that differed from the classified intel- But then he went on to make the to surmount.’’ ligence. There was no direct answer to mind-boggling claim that ‘‘Certainly Unhappy with the pessimistic conclu- that important question asked by Sen- the trend in my lifetime has been to re- sion, the Director of Central Intel- ator LEVIN. duce levels of classification wherever ligence John McCone rejected the draft

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4060 CONGRESSIONAL RECORD — SENATE April 21, 2005 and instructed the board to seek the The United States needs a Director of dle that issue. I think there was a views of senior policymakers in revis- National Intelligence who will break sense it is possible to fight terrorism ing the Nation’s Intelligence Estimate. down existing walls inhibiting analysts ferociously while still protecting civil So the final version of the 1963 stat- throughout the intelligence commu- liberties. General Hayden, in contrast ed: nity and, when appropriate, officials to what we heard at the earlier con- We believe that Communist progress has and citizens outside that realm from firmation hearing, was refreshingly di- been blunted and that the situation is im- getting access to the information they rect in his responses, where he talked proving . . . need to keep Americans safe. The about pushing right up to the line—I As those who put together the Pen- United States needs a Director of Na- believe those were his exact words—but tagon papers later observed: tional Intelligence willing to, when being sensitive to civil liberties. The intelligence and reporting problems necessary, go head to head with the So I am pleased to be able to say, on occurring during this period cannot be ex- agencies under his control, especially the floor of the Senate, I am looking plained away . . . In retrospect [the esti- the Department of Defense. If the Di- mators] were not only wrong, but more im- forward to the support General Hayden portantly, they were influential. As a result, rector lets them push him around, he is will be receiving from the Senate a generation paid the price for the unwilling- doomed. shortly. I expect Ambassador ness or the inability of the intelligence com- The United States needs a Director of Negroponte and General Hayden to be munity’s inability to be forthright. National Intelligence to take control approved. My door will be open to both Now our country deals with those over the intelligence budget. Before of them. As a member of the Intel- consequences. Congress created the position, the in- ligence Committee, it is my hope that Many in the Senate will remember telligence community lacked a leader both of these individuals will not hesi- George Tenet told the President of the willing to make tough budget priority tate to ask me and ask colleagues for United States that the weapons of and tradeoff decisions. Each agency help. The safety of our country depends mass destruction case against Iraq was asked for funds. It was, in effect, a on the performance of these two indi- a ‘‘slam dunk.’’ Now America knows matter of passing the request along. viduals in this key post. what George Tenet knew and what he This has to stop. There are not limit- Mr. President, with that, I yield the was unwilling or unable to tell the less resources. A strategic view, not a floor. parochial lens, ought to be guiding President of the United States, that it The PRESIDING OFFICER. The Sen- budget decisions. wasn’t a slam dunk at all. ator from West Virginia. The Niger yellowcake, the high- The United States needs a Director of strength aluminum, the mobile weap- National Intelligence to shape the in- Mr. ROCKEFELLER. Mr. President, ons lab, the aerial vehicles, the intel- telligence agencies he oversees into a how much time remains on this side of ligence provided by Curveball and the true community because, at this point, the aisle? Iraqi National Congress witnesses, all the phrase ‘‘intelligence community’’ The PRESIDING OFFICER. The Sen- of this intelligence was questionable is pretty much a misnomer. While co- ator from West Virginia has 32 min- and was being questioned by at least ordination and cooperation have im- utes. some members of the intelligence com- proved, the individual intelligence Mr. ROCKEFELLER. Mr. President, I munity. agencies persist in maintaining their yield myself such time as I may con- However, George Tenet was not di- own culture and collection practices. sume, which will be less than that. rect. He was not forthcoming. He told As the military services have learned Mr. President, I am going to use this the President of the United States to fight jointly, our intelligence collec- opportunity to speak on an unrelated what the President wanted to hear. tion agencies need to learn how to act issue, not entirely but somewhat, but Whether he was unwilling or unable to together to gather critical information one that is of critical importance to be straight with the President, I can- our policymakers and warfighters need the intelligence community and the not possibly determine. What I do to protect our country. American people. know is that as a member of the Select The United States needs a Director of Last week, I filed an amendment to Committee on Intelligence I want to do National Intelligence who recognizes the emergency supplemental appro- everything I can. I know every Member he cannot do this alone. This position priations bill. Unfortunately, I was not of the Senate wants to make sure these is new and its authority, while sub- able to bring the amendment before the mistakes are not repeated. The stakes stantial, is unclear. His fights with the Senate because it was not germane are simply too high. administration over matters of signifi- under postcloture rules. This amend- The Intelligence Reorganization Act cant national policy need not, and ment is important enough, however, gave the Director of National Intel- should not, always be kept quiet. If the that I will take just a few minutes to ligence a whole lot of responsibility Director of National Intelligence is to explain it. but very little enforcement power. As succeed, he will need to look to allies My amendment was, and is, simple the Director works to make 15 intel- in the executive branch and here in the and straightforward. It expresses the ligence agencies pull together, his Congress to help. sense of the Senate. It is not directive. credibility will be his currency. Crit- While Ambassador Negroponte is It expresses the sense of the Senate ical to his success will be the under- surely a skilled diplomat and has many that the Senate Select Committee on standing of all concerned that this per- allies in the Senate, Senators of both Intelligence should conduct an inves- son is going to be direct, that the per- parties I admire greatly, I am not con- tigation into matters related to the son will be forthcoming, that the per- fident the administration’s nominee collection of intelligence through the son will make sure that no matter who will meet these expectations. detention, interrogation, and rendition the truth hurts, no matter what policy- For that reason, I will be voting no of prisoners. That is its purpose. makers think, they are going to get on the nomination of Ambassador John the facts. Negroponte to be Director of National The amendment, as I indicated, does Here is what I think the country Intelligence. not direct the committee to undertake needs. The United States needs a Direc- Mr. President, I want to wrap up with this much needed and long overdue tor of National Intelligence who is one additional point. I am pleased to be congressional review. Rather, it is a going to speak truth to power, some- in strong support of General Hayden, statement by the Senate that the com- body who has, in Hamilton’s words, the who will, when the nominee is con- mittee should carry out its oversight ‘‘gumption’’ to tell the President and firmed, be the deputy. I thought Gen- duties and carefully, thoroughly, and other senior policymakers what they eral Hayden’s directness and openness constructively evaluate the interroga- don’t want to hear. at his confirmation hearing was par- tion practices of the U.S. Intelligence The United States needs a Director of ticularly welcome. Community. National Intelligence who has the For example, I asked him, on the A year has passed since the appear- knowledge and the experience to step matter of privacy rights, which is pret- ance of photographs graphically por- in and begin fixing the problems facing ty important, given his past back- traying the abuse of Iraqi prisoners at the intelligence sector immediately. ground at the NSA, how he would han- Abu Ghraib prison. Since then, we have

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4061 seen a steady stream of accusations re- Effective congressional oversight is is now absent. There are many legal lating to the way U.S. military and in- not achieved passively waiting for and and operational questions that we telligence agencies treat individuals in accepting the parameters of internal should be investigating to ensure that their custody. Allegations of mistreat- executive branch reviews. We are sepa- this vitally important intelligence col- ment have surfaced wherever the rate in our responsibilities, executive lection program is not continually United States holds prisoners over- and legislative. While it is true that hampered by vague and confusing legal seas—across Iraq, in Afghanistan, and the CIA inspector general is inves- and operational directives. at Guantanamo Bay. tigating specific allegations of abuse For example, on March 18, 2005, the Troubling new revelations have be- involving intelligence personnel, those Central Intelligence Agency issued a come almost a daily occurrence—lit- specific cases represent a small portion statement that: erally a daily occurrence—with a dis- of what the Intelligence Committee CIA policies on interrogation have always turbing number of these incidents re- should be examining. Many funda- followed legal guidance from the Department sulting in prisoner deaths. mental legal and operational issues are of Justice. At least 26 prisoners have died in outside the inspector general’s very That may be so, but was that legal American custody. The disturbing limited focus and deserve the Intel- guidance supportable? A lengthy legal charge has been leveled against the ligence Committee’s immediate atten- opinion of the Department of Justice United States that we are exporting tion. on interrogation practices, which had torture through rendition practices We have a duty to not simply mon- been issued in secret in August 2002, that lack accountability. itor but to actively inquire about the was quickly repudiated by the White Who can honestly say these events conduct of congressionally funded ac- House when it became public in June of and allegations are not serious enough tivities—that is our job—especially ac- 2004 and was superseded by a public to warrant an Intelligence Committee tivities such as prisoner interrogation Justice Department legal opinion in investigation? that can have life or death implica- December of 2004. As that episode indi- The collection of intelligence tions. Down the road, if we don’t set cates, secret law is an invitation to through interrogation and rendition is these rules straight, that can come great error. an extremely important part of our back to haunt our soldiers and their The Intelligence Committee, which counterterrorism effort and one of our safety. includes members of the Senate Judici- most important intelligence tools. Up to this point, the Intelligence ary Committee, must conduct a com- But this tool, as with all others, plete examination of the legal guidance must be applied within the bounds of Committee oversight that I am speak- that CIA and Defense Department in- our laws and our own moral frame- ing of has been, in the judgment of this work. It must be subject to the same Senator, abdicated to the press over terrogators have been given. What sup- scrutiny and congressional oversight as the past year. Here is a sampling, porting roles do the CIA and FBI play every other aspect of intelligence col- which I will go through quickly, of in the interrogation of suspects at lection. This, unfortunately, has not headlines from articles that have been military-run institutions? And how are been the case. published in recent weeks: ‘‘Interro- their activities coordinated, if they Despite the critical importance of in- gator Says U.S. Approved Handling of are? terrogation-derived intelligence and Detainee Who Died’’; ‘‘White House Has It has been publicly reported that the the growing controversy surrounding Tightly Restricted Oversight of CIA CIA requested that a number of pris- detention, interrogation, and rendition Detentions’’; ‘‘FBI Report Questions oners held in Iraq not be registered and practices and policies, the Congress has Guantanamo Tactics’’; ‘‘Questions Are be kept from international inspection— largely ignored the issue, holding few Left by C.I.A. Chief on the Use of Tor- so-called ghost detainees—and that hearings that have provided only lim- ture’’; ‘‘CIA’s Assurances on Trans- FBI officials lodged strenuous com- ited insight. ferred Subjects Doubted—Prisoners plaints about the mistreatment of pris- More disturbingly, in this Senator’s Say Countries Break No-Torture oners held at Guantanamo Bay. I can- judgment, the Senate Intelligence Pledges’’; ‘‘Europeans Investigate CIA not emphasize how strongly those FBI Committee—the committee charged Role in Abductions’’; ‘‘Army Details objections were. These reports and oth- with overseeing intelligence programs, Scale of Abuse of Prisoners in an Af- ers strongly suggest that different and the only committee with the juris- ghan Jail’’; ‘‘Prisoners at Abu Ghraib agencies are operating by different sets diction to investigate all aspects of Said to Include Children’’; ‘‘Army, CIA of interrogation and detention rules, this issue—is, in this Senator’s judg- Agreed on ‘Ghost’ Prisoners’’; ‘‘Lack of which is a recipe for disaster. ment, sitting on the sidelines and ef- Oversight Led to the Abuse of Detain- The Congress should evaluate the fectively abdicating its oversight re- ees, Investigator Says’’; ‘‘Ex-CIA Law- general policy guidelines for which it is sponsibility to media investigative re- yer Calls for Law on Rendition’’; ‘‘CIA appropriate to render a detainee to an- porters who go at it very aggressively Avoids Scrutiny of Detainee Treat- other country, and what intelligence is and on a daily basis. ment’’; ‘‘Files Show New Abuse Cases gained from such practice. As the Intelligence Committee’s vice in Afghan and Iraqi Prisons’’; ‘‘CIA Is More specifically, we must examine chairman, I have been pushing, for the Seeking New Role on Detainees’’; ‘‘FBI the validity of assurances that the past 3 months, for an investigation Agents Allege Abuse of Detainees at United States is given when detainees into the legal and operational ques- Guantanamo Bay’’; ‘‘CIA Was Wary of are rendered to other countries that tions at the heart of the detention and U.S. Interrogation Methods in Iraq.’’ they will not be tortured. The Congress interrogation controversy. I think the Presiding Officer gets the should undertake, with the intelligence My requests, and those of other com- drift. community, case studies of interroga- mittee members, have been rebuffed, I ask my colleagues to consider the tions, including the methods used and, based upon the argument that we have finding made by General Fay in his re- importantly, the reliability of the in- been fully informed on the particulars cent report on the abuses at Abu formation obtained. As with other in- of our detention and interrogation pro- Ghraib. General Fay found that CIA telligence tools, we should consider on gram, and the Intelligence Committee practices ‘‘led to a loss of account- the basis of facts, rather than surmise, need only monitor these operations. ability, abuse . . . and the unhealthy what works, what does not work, to ob- The point has also been made that mystique that further poisoned the at- tain reliable information that actually the Intelligence Committee should not mosphere at Abu Ghraib.’’ contributes to our national security. undertake an investigation into these General Fay was unable to fully in- The Congress should examine plans for issues because the CIA Inspector Gen- vestigate the CIA’s role at Abu Ghraib the long-term detention or prosecution eral is conducting his own investiga- and other prisons. The Senate Intel- of persons detained or rendered for in- tion. I reject this notion that the Sen- ligence Committee, however, is not un- terrogation purposes. ate should cede to the executive branch able to do that. That is our job. Should the United States, for exam- its oversight responsibilities. Carrying These and other reports highlight the ple, hold detainees without trial for out oversight is why the Senate Intel- need for the sort of strong congres- years or decades to come? Is it accept- ligence Committee exists. sional oversight that in my judgment able to do that for the reason that the

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4062 CONGRESSIONAL RECORD — SENATE April 21, 2005 detainees’ acknowledgment of their ac- [From the St. Petersburg Times, Feb. 17, Committee, ‘‘I am simply appalled by con- tions came during interrogations that 2005] tinued revelations in the media regarding would neither meet the standards of a INVESTIGATE THE CIA the torture of detainees in American cus- tody, whether by CIA officials, military per- U.S. court or U.S. military commis- The extensive use of ‘‘extraordinary ren- sonnel, or after being transferred to foreign dition,’’ by which the CIA moves terrorist sion? governments. suspects to undisclosed prisons around the The reality may be that if Congress ‘‘The extensive reports of physical and world for interrogation, has to be the agen- continues to default in its oversight mental abuse at American detention facili- cy’s worst kept secret. News reports abound and legislative responsibilities, that ties around the world, the evidence of detain- of potentially dozens of al-Qaida suspects ees being turned over to other countries to the courts, in fact, themselves will end held overseas by the CIA, incommunicado be interrogated and tortured, and continued up filling that vacuum. The threat of and without charge or turned over to the se- efforts by the Bush administration to re- terrorism is going to be with us for curity services of other nations known for strict legal and constitutional protections many years, if not decades. The intel- their abusive treatment of prisoners, such as from detainees form a compelling case that ligence we gain through interrogations Egypt and Syria. these are not isolated incidents but adminis- will be crucial in protecting Americans Congress has been inexcusably reluctant to investigate these actions. The Republican tration policy.’’ themselves against future attacks. If Moreover, Blumenauer wrote, ‘‘I am addi- we are to optimize those counterterror- leadership apparently has been happy to let the CIA dirty its hands with extralegal strat- tionally troubled by the use of a Gulfstream ism efforts, we need to have a plan, not egies in the nation’s efforts to fight ter- V jet registered to a shadowy—and possibly an ad hoc policy, for how to deal with rorism. But thanks to some pushing by Sen. illegal—dummy front company, Bayard For- people in our custody. John D. Rockefeller IV, D-W.Va., the rank- eign Marketing LLC, in my hometown of America is not a nation that uses or ing Democrat on the Senate Intelligence Portland, Oregon. Press reports have found condones torture. We are party to Committee, Congress may begin to open its no public record of the company’s alleged eyes. Rockefeller has asked the committee owner, nor have calls to their office been international agreements that prohibit successful at locating him. The evidence cer- these acts, and we demand humane to open a formal investigation into the CIA’s use of detention, interrogation and ren- tainly points to a violation of Oregon law in treatment for our citizens when they order to hide the true nature and breadth of are arrested abroad and for our soldiers dition. Rockefeller told the New York Times that he felt the committee would be ‘‘dere- this extraordinary rendition program.’’ when they are captured on the battle- lict if we did not carry out our oversight re- Picky, picky, picky. field. We must uphold the same high sponsibilities.’’ Here we have a Portland company involved standards for individuals in our cus- Until now, Congress has done little more in what is clearly a growth industry—the tody or we will rightly be branded as than shrug as more evidence has emerged of United States shipping prisoners secretly hypocrites, and we will put our soldiers U.S. intelligence services engaging in brutal around the world to be tortured by countries that lack the U.S. Constitution or scruples— and our citizens in danger. I cannot interrogations. During the Senate confirma- tion proceedings of Attorney General and people insist on looking at it as a human emphasize that enough. rights violation instead of an economic de- Next year will mark the 30th anni- Alberto Gonzales, it became clear that the CIA had solicited the Justice Department velopment opportunity. versary of the Senate Intelligence memorandum giving legal cover to those In November, the Sunday Times of London Committee. The committee was cre- who use aggressive techniques against pris- reported a flight log for the Gulfstream ated in the crucible of an extensive bi- oners. The CIA wanted to protect its agents showing more than 300 flights to countries partisan investigation in 1975, led by from criminal liability. And the administra- such as Libya and Uzbekistan—countries Senators Frank Church and John tion’s view remains that the CIA is not that not only offer an expansive view of in- Tower, into allegations of abuse by bound by the president’s 2002 directive that terrogation, but are normally difficult to get prisoners in American custody be treated hu- to from Portland. It’s not clear if passage on U.S. intelligence agencies. One conclu- the plane is ever round-trip. sion, as described by Howard Baker— manely. Late last year, when some in Con- gress sought to impose new limits on abusive At the time, the plane was owned by Pre- somebody I admire enormously—was interrogation tactics by the CIA, the White mier Executive Transport Services of that the congressional oversight sys- House intervened and the those limits were Dedham, Mass., which the Boston Globe tem had provided ‘‘infrequent and inef- dropped. found had the same non-existent corporate fectual review’’ and that ‘‘many of the Congress has willingly collaborated in this structure as Bayard Foreign Marketing. abuses revealed might have been pre- charade that America is maintaining its ‘‘Sightings of the plane,’’ said the Globe, vented had Congress been doing its moral authority in the world even as it ‘‘. . . have been published in newspapers across the globe and on the Internet.’’ job.’’ adopts the tactics of human rights abusers. But as former Secretary of State Colin Pow- Tonight, ‘‘60 Minutes’’ profiles another Accordingly, the resolution estab- plane in the same business, a Boeing 737 that lishing the Intelligence Committee ell and retired military leaders have repeat- edly warned, when America approves of the has made 600 flights since 9/11, including 10 charged it to ‘‘provide vigilant legisla- use of torture it puts its own soldiers in dan- to Uzbekistan—where the British ambas- tive oversight over the intelligence ac- ger of facing the same brutality. sador at one point complained to his superi- tivities of the United States to assure Rockefeller’s call for an investigation ors and to U.S. authorities about how the that such activities are in conformity seems to have some momentum. Sen. Pat prisoners were being tortured, techniques in- with the Constitution and the laws of Roberts, R-Kan., the Intelligence Commit- volving rape, suffocation and immersing the United States.’’ tee’s chairman, is open to the suggestion. limbs in boiling liquid. This is Congress’ duty. The committee As one of the CIA agents who set up the It is time for the Senate Intelligence program explains to the show’s reporter, Committee to carry out the vigilant should demand a full accounting of every de- tainee under the direct or indirect control of ‘‘It’s finding someone else to do your dirty legislative oversight that is our duty the CIA, and it should demand to know pre- work.’’ and which a number are calling for us cisely what techniques have been used to Except that nobody around the world to do. We should launch a comprehen- elicit information. This has been allowed to seems to be fooled. When Blumenauer went sive and constructive investigation go on far too long. to East Asia to inspect tsunami damage, peo- into the detention, interrogation, and ple everywhere—China, Thailand, Indo- rendition practices of the intelligence [From the Sunday Oregonian, Mar. 6, 2005] nesia—wanted to talk about what happened to those in U.S. custody. ‘‘It just happened community because it is long overdue. THE TORTURE BUSINESS LANDS IN PORTLAND repeatedly,’’ he said Friday. Mr. President, I ask unanimous con- (By David Sarasohn) Last week, when the State Department sent to have printed in the CONGRES- It could make you wonder if congressmen issued its annual report on human rights, SIONAL RECORD several editorials that are interested in economic development. countries from China to Turkey responded have appeared around the country call- Rep Earl Blumenauer, D-Ore., is actually that the United States had no standing to ing for congressional action. They in- asking Congress to investigate a hometown comment on the issue. Noting the irony of clude editorials from many newspapers, company. Moreover, the company is in a the United States condemning countries including the Washington Times and booming business, which will be profiled on where it was shipping its prisoners, William newspapers from Tennessee, Oregon, ‘‘60 Minutes’’ tonight. F. Schulz of Amnesty International sug- In fact, this worldwide business is so big, gested, ‘‘The State Department’s carefully Florida, Maryland, New York, and Cali- nobody even knows how big it is—or how big compiled record of countries’ abuses may fornia. it could get. perversely have been transformed into a Yel- There being no objection, the mate- You’d think we’d want a piece of it. low Pages for the outsourcing of torture.’’ rial was ordered to be printed in the But at the end of February, Blumenauer Congress, thinks Blumenauer, might at RECORD, as follows: wrote leaders of the International Relations least want to ask some questions.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4063 ‘‘There is so much of what is happening by terrorist organizations who hope to use [From the Baltimore Sun, Jan. 31, 2005] that is not accountable,’’ he says. ‘‘To sug- their hostages to bargain for their comrades’ AMERICAN SCAR; PERMITTING TORTURE gest that there are thousands of people release. BRANDS USINTHEWORST WAY caught up with this is no exaggeration.’’ Finaily, and hardly least, there is the dam- (By George Hunsinger) And Blumenauer is now even more inter- age to America’s image and values. At the When the Senate confirms Alberto R. ested, since he’s found the program is almost least, Congress should demand some system Gonzales as U.S. attorney general, the vote a constituent. of accountability to prevent abuses. More will be the beginning, not the end, of public Torture, it seems, now has a Portland ad- than that, it should investigate the claims debate about our government’s policy on tor- dress. that these operations have indeed provided ture. life-saving intelligence, or if they have mere- The Abu Ghraib scandal is only the most [From the Times Union, Mar. 10, 2005] ly tarnished the image of a nation com- visible sign that this policy is inconsistent. mitted to the rule of law. TORTURE ON THE WING Officially, our government opposes torture Most Americans would cringe at any sug- and advocates a universal standard for gestion that there are parallels between the [From the Fresno Bee, Mar. 14, 2005] human rights. Yet, at the same time, it has human rights abuses in Argentina during the GLASS HOUSES HUMAN RIGHTS REPORT HAS allowed ingenious new interrogation meth- 1970s, and Central Intelligence Agency inter- ONE GLARING OMISSION—THE UNITED STATES ods to be developed that clearly violate these rogations of suspected terrorists today. But As required by Congress, the State Depart- standards. They include stress positions, the similarities are there, and that should ment has issued its annual report on human sleep deprivation, sexual humiliation and shame the Bush administration and Con- rights progress, or the lack of it, in countries desecration of religious objects. These prac- gress. An investigation is more than war- around the world. tices, which should never be used, are no less ranted. Among those faulted are a number of U.S. traumatic than the infliction of excruciating During the years when a military junta allies, including the provisional government pain. ruled Argentina, suspected political oppo- in Iraq that is partly a U.S. creature. As al- For religious people, torture is especially nents ‘‘disappeared.’’ They were imprisoned ways, only one country was missing: the deplorable because it sins against God and by government forces and tortured. Many United States. against humanity created in God’s image. It were murdered, but some were returned to That’s not entirely self-serving. This coun- degrades everyone involved—planners, per- the streets to tell their stories. try doesn’t rate itself because, as a State De- petrators and victims. No one has suggested that the CIA interro- partment official put it, ‘‘it wouldn’t have More than 225 Christian, Jewish, Muslim gators have systematically murdered cap- any credibility.’’ Besides, he said, there’s no and Sikh religious leaders signed an open tives, to be sure. Nor is there any way to shortage of critics, including U.S.-based letter to Mr. Gonzales. They objected to his know if American citizens have been seized. human rights groups. role in developing a narrow definition of tor- But the very secrecy of these operations, and ture and to his equally troubling assertion But this year’s report comes at an espe- the lack of accountability, raise the possi- that some people are not subject to the pro- cially awkward time. There is continuing bility that such abuses can occur. tections of international law. They reg- evidence of abuses in U.S.-run prisons in Af- What is known is distressing enough. Re- istered deep concern about our government’s ghanistan, Iraq and at Guantanamo Bay, cent news accounts have detailed how CIA moral foundations, urging support—in prac- Cuba—the same kind of abuses for which agents or mercenaries—it’s hard to tell be- tice, not just in words—for fundamental State’s report rightfully faults other govern- cause the captors are masked—have been ab- human rights. ments. But there has not been the full, im- ducting suspected terrorists, putting them Four steps must now be taken to clarify partial probe that’s needed to give a fuller aboard planes and flying them to countries that our government has truly abolished tor- picture of what happened and who, at what- like Syria, Saudi Arabia, Egypt and Afghani- ture. ever level, is responsible. stan, where they are interrogated and tor- First, Congress must remove the false par- tured. As long as the United States fails to fully tition placed between the military and intel- The abductions aren’t a new development, investigate, report and correct its own ligence services governing extreme interro- either. Indeed, former President Clinton lapses, it allows abusive regimes abroad to gation techniques tantamount to torture. once advocated kidnapping Osama bin Laden deflect criticism by asking: Who is the The Senate was right to pass, nearly unani- and turning him over to Saudi Arabia, where United States to judge? mously, new restrictions for the Pentagon, he would face ‘‘streamlined’’ justice. But ac- Indeed, Russia and China did just that fol- CIA and other intelligence services. But con- cording to a New York Times article printed lowing publication of the State Department gressional leaders in both houses later buck- in this newspaper Sunday, the abductions report. led under White House pressure and scrapped have been stepped up markedly in response It’s a fair question, and part of the re- the language governing intelligence services. to the terrorist attacks of Sept. 11, 2001. sponse should be a thorough attempt to go Whether the military or intelligence serv- There is no requirement that the CIA get beyond the focus on abuses by low-level mili- ices are conducting practices tantamount to prior approval from the Justice Department tary and intelligence personnel. Too much is torture is of absolutely no significance. Try- or the White House to seize a suspect. And by already known to accept the facile expla- ing to differentiate between the two perhaps sending captives to foreign countries, there nation that the accumulating scandal re- eases the conscience of decision-makers, but is no obligation to afford the captives any flects only isolated ‘‘rogue’’ behavior. it is a distinction without a difference. It rights under American law, including the And while there have been several inves- fails to insulate us from the absolute evil prohibition against torture. tigations, and more continue, all have been that is torture. Defenders of these operations claim that conducted by or for the Pentagon, which is Second, Congress must outlaw ‘‘extraor- they are justified because they have pro- unlikely to point the finger of blame upward. dinary rendition,’’ a euphemism for torture duced information that has saved American Whatever the full truth may be about where by proxy. It means that detainees are se- lives by thwarting possible terrorist attacks. ultimate culpability lies, an air of cover-up cretly transferred to countries where torture Others argue that in a time of war, extreme hovers over the process. is practiced as a means of interrogation. Al- measures are often necessary. Given the ur- On Capitol Hill, Sen. Pat Roberts, the Re- though made public only through shocking gency of breaking up terrorist plots, they publican chairman of the Senate Intelligence cases, such as those of Maher Arar, who was argue, there is little time to observe a long Committee, has rejected a proposal by the deported to Syria by the United States, and legal process. Moreover, the suspects are Democratic vice chairman, Sen. Jay Rocke- Mamdouh Habib, an Australian citizen who most likely foreigners or illegal immigrants, feller, to launch a broad probe into the role was sent to Egypt before being held at Guan- not citizens who are being deprived of their of U.S. intelligence agencies in the deten- tanamo, it has become a mainstay counter- right to due process. tion, interrogation and ‘‘rendition’’—trans- terrorism tool. The consequences of such abductions can’t ferring to the custody of foreign govern- Does it really need to be said that ‘‘dis- be so easily dismissed, however. Without a ments—of terror suspects. This standoff sug- appearing’’ people without any kind of due system of checks and balances, there is no gests a partisan approach to a vital national process is contrary to everything America way to know whether there was good reason security matter. stands for, not to mention our laws and trea- to detain someone. That point was driven What’s at stake in the investigation of ties? The reasons for a detainee’s arrest and home during an interview with one detainee, prisoner abuses is the credibility of this his guilt or innocence are irrelevant. No who told the television news program ‘‘60 country, which is likelier to be restored sound moral argument can be made that ena- Minutes’’ last Sunday of being abducted through an independent, nonpartisan inves- bling torture through rendition is permis- while on vacation in Macedonia, shackled, tigation that lays out whatever facts it sible. put on a plane and flown to the Middle East finds. Third, Mr. Bush should make a clear state- for interrogation. He was later released on Perhaps there is no ‘‘smoking gun’’ to be ment that torture is wrong in any form and his own in Albania after, he claims, his cap- found at the top. But for as long as the proc- under any circumstances. He should state be- tors acknowledged they had confused his ess remains an essentially in-house exercise, yond a shadow of doubt that America will name with that of a terror suspect. those annual State Department human not be complicit in its commission. Leader- Then there’s the matter of placing Ameri- rights reports will continue to raise the ship from the president would go a long way cans living abroad at risk of being abducted question: Who is the United States to judge? toward resolving the torture crisis.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4064 CONGRESSIONAL RECORD — SENATE April 21, 2005 Finally, America needs a special pros- ing camp in Afghanistan. They also said they war on terror. The amendment under- ecutor. Our reputation has been so badly were among a number of men who could be scored the Intelligence Committee’s damaged by Guantanamo, Bagram and Abu seen in a videotape of Osama bin Laden. The continuing aggressive oversight of all Ghraib that no other remedy will do. The ex- tape had been made in August 2000. aspects of the war on terror, including For the better part of two years, Rasul and isting investigations are not enough because terrorist detention and interrogation. they have not been truly independent. Orga- his friends, Asif Iqbal and Rhuhel Ahmed, nizations such as the American Bar Associa- had denied involvement in any terror activ- The Rockefeller amendment is a tion, Amnesty International and the highly ity whatsoever. But Rasul said they eventu- sense of the Senate, as he indicated, respected International Commission of Ju- ally succumbed to long months of physical calling for the Intelligence Committee rists in Geneva have all insisted that an and psychological abuse. Rasul had been held to launch yet another formal investiga- independent investigation is imperative. in isolation for several weeks (his second tion of the men and women who are Nothing less is at stake in the torture cri- sustained period of isolation) when an inter- prosecuting the war against the terror- sis than the soul of our nation. What does it rogator showed him the video of bin Laden. ists. The proposed Rockefeller inves- profit us if we proclaim high moral values He said she told him: ‘‘I’ve put detainees tigation, as I read the parameters but fail to reject torture? What does it sig- here in isolation for 12 months and eventu- originally proposed and then refined, I nify if torture is condemned in word but al- ally they’ve broken. You might as well think would be virtually boundless in lowed in deed? A nation that rewards those admit it now.’’ who permitted and promoted torture is ap- ‘‘I could not bear another day of isolation, its exploration of any matter even tan- proaching spiritual death. let alone the prospect of another year,’’ said gentially related to the use of ren- George Hunsinger is McCord professor of Rasul. He confessed. dition, detention, and interrogation of theology at Princeton Theological Seminary The three men, all British citizens, were terrorists. and coordinator of Church Folks for a Better saved by British intelligence officials, who I want my colleagues to know that America. proved that they had been in England when these are the very tools that are being the video was shot, and during the time they used by our brave men and women in [From Chattanooga Times Free Press, Feb. 8, were supposed to have been in Qaida training the military and intelligence agencies 2005] camps. All three were returned to England, to combat a continuing terrorist threat STORIES FROM THE INSIDE where they were released from custody. Rasul has said many times that he and his against every American and our inter- ‘‘During the whole time we were at Guan- friends were freed only because their alibis ests. They are also critical in our ef- tanamo,’’ said Shafiq Rasul, ‘‘we were at a were corroborated. But they continue to forts in Iraq and Afghanistan, and they high level of fear. When we first got there worry about the many other Guantanamo de- are saving lives as I speak. the level was sky-high. At the beginning we tainees who may be innocent but have no I oppose the efforts of Senator were terrified that we might be killed at any way of proving it. ROCKEFELLER to launch yet another minute. The guards would say to us, ‘We The Bush administration has turned Guan- could kill you at any time.’ They would say, wide-ranging investigation because I tanamo into a place that is devoid of due believe, despite what he believes—and ‘The world doesn’t know you’re here. Nobody process and the rule of law. It’s a place knows you’re here. All they know is that reasonable men can certainly dis- where human beings can be imprisoned for agree—that it is currently unneces- you’re missing, and we could kill you and no life without being charged or tried, without one would know.’ ’’ ever seeing a lawyer, and without having sary. I believe it would be impractical The horror stories from the scandalous in- their cases reviewed by a court. Congress and and damaging to the ongoing oper- terrogation camp that the United States is the courts should be uprooting this evil prac- ations and morale of the people who operating at Guantanamo Bay, Cuba, are tice, but freedom and justice in the United are doing the job. coming to light with increased frequency. At States are on a post–9/ll downhill slide. We are not sitting on the sidelines. some point the whole shameful tale of this So we are stuck for the time being with exercise in extreme human degradation will We are not being passive, we are not re- the disgrace of Guantanamo, which will for- buffing, we are not defaulting, and we be told. For the time being we have to piece ever be a stain on the history of the United together what we can from a variety of ac- sure as heck are not going to let the States, like the internment of the Japanese media drive the agenda within the In- counts that have escaped the government’s in World War II. obsessively reinforced barriers of secrecy. telligence Committee with regard to We know that people were kept in cells Mr. ROCKEFELLER. Mr. President, I classified information and our national that in some cases were the equivalent of yield the floor. security. The Senate Intelligence Com- animal cages, and that some detainees, dis- The PRESIDING OFFICER. The Sen- mittee, in the conduct of its normal oriented and despairing, have been shackled ator from Kansas is recognized. but aggressive oversight responsibil- like slaves and left to soil themselves with Mr. ROBERTS. Mr. President, I re- their own urine and feces. Detainees are fre- ities, is examining the broad issues of gret that I am compelled to speak on the effectiveness of interrogation oper- quently kicked, punched, beaten and sexu- this subject. The topic of the day is the ally humiliated. Extremely long periods of ations, the humane treatment of de- psychologically damaging isolation are rou- confirmation of Ambassador John tainees, the role of intelligence in tri- tine. Negroponte to be the new National Di- bunals and combatant status review This is all being done in the name of fight- rector of Intelligence, but it appears as boards, and, yes, rendition operations. ing terror. But the best evidence seems to if that topic has now changed, and I In conducting this oversight, just show that many of the people rounded up and have no alternative but to respond in this past month committee staff—both dumped without formal charges into Guanta- that basically the purpose and the re- minority and majority—once again vis- namo had nothing to do with terror. They sponsibilities of the Intelligence Com- ited the detention facility at Guanta- just happened to be unfortunate enough to mittee have been challenged by the get caught in one of Uncle Sam’s depress- namo Bay for onsite inspections, brief- ingly indiscriminate sweeps. Which is what vice chairman. ings, and discussions. The committee is happened to Shafiq Rasul, who was released I understand that the vice chairman continuing its oversight through visits, from Guantanamo about a year ago. His feels strongly about this issue. We have interviews of relevant individuals and story is instructive, and has not been told discussed this at length—not as much personnel, through requests of docu- widely enough. as I had hoped and that we had in- ments, reviews of prior investigations, Rasul was one of three young men, all tended to—to seek common ground, and briefings from intelligence commu- friends, from the British town of Tipton who but he feels so strongly that he offered nity element, using basically the same were among thousands of people seized in Af- an amendment to the supplemental ap- ghanistan in the aftermath of Sept. 11, 2001. methodology we used during the WMD They had been there, he said, to distribute propriations bill, which he has dis- review and investigation. food and medical supplies to impoverished cussed. In other words, we are doing our job. Afghans. I feel equally as strong, so much so I believe we are fulfilling our oversight The three were interviewed soon after that I filed a second-degree amendment responsibilities. And there are still on- their release by Michael Ratner, president of in response. My second-degree amend- going investigations, including the the Center for Constitutional Rights, which ment is in stark contrast to the Navy inspector general’s investigation has been in the forefront of efforts to secure amendment offered by my colleague into FBI allegations of abuse at Guan- legal representation for Guantanamo detain- and my friend. My amendment actually tanamo Bay in Cuba and the com- ees. Under extreme duress at Guantanamo, in- expresses support for our Armed Forces prehensive efforts of the CIA inspector cluding hundreds of hours of interrogation and intelligence officers, rather than general of which we are fully informed and long periods of isolation, the three men calling into question their actions, to the degree that we have never been confessed to having been in a terrorist train- while they are on the front lines in the informed before.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4065 Further, I believe the Rockefeller I believe that would be a very serious them. At times they make mistakes, proposal is unnecessary because this mistake and contrary to the intent of and sometimes they make serious mis- issue has been thoroughly investigated Congress. takes for which they must account, over the past 3 years. We have inves- Finally, I oppose Senator ROCKE- and rightfully so, and we are doing tigated and investigated and inves- FELLER’s investigation because it will that. tigated. In fact, we have investigated hinder ongoing intelligence collection, But as we sit here in the relative the investigations. and I believe it would damage morale. safety and comfort of the Capitol com- Let me give you an idea of how many My colleagues should know there is a plex, I cannot help but think that some times our own people have been inves- consensus in the intelligence commu- of us have lost our perspective. We will tigated: in January 2002, the Custer re- nity that terrorist interrogations are and must do our duty as elected offi- port; January 2003, the DOD general the single best source of actionable in- cials. As I have indicated, we will con- counsel and DOD working group, with telligence against the ongoing plans tinue aggressive oversight on this relation to the interrogation of detain- and plots of our enemy. Terrorist inter- issue, and we will reach out to our ees held in the global war on terrorism; rogations today are saving lives in friends across the aisle to incorporate September 2003, the Miller report; No- Iraq—American lives, Iraqi lives, Af- their concerns. But, Mr. President, I vember 2003, the Ryder report; May ghan lives—and are subverting plots say to my friends, we are at war. 2004, the Navy inspector general re- against our own homeland. Therefore, our first and foremost duty view; June 2004, the Taguba report in The information gleaned from inter- is to support our troops and intel- regard to the tragedy that happened in rogating terrorists is doing exactly ligence officers at home and abroad. I, Abu Ghraib; June 2004, the Jacoby re- what I said in terms of the priority for one, will not advocate using the port; July 2004, the Mikolashek report; that we have and our responsibilities constitutional authorities vested in August 2004, the Jones and Fay inves- on the Intelligence Committee in ref- this great institution as a blunt instru- tigation; mid-August 2004, the Schles- erence to our national security. The ment on the very people we depend on inger Commission; August 2004, the majority of usable and actionable in- to keep us safe every day. Formica report; December 2004, the telligence against al-Qaida comes from I am on their side. And make no mis- Army Reserve Command inspector gen- the terrorist interrogations and take, if we sanction another needless eral’s assessment of military intel- debriefings. We must preserve this irre- investigation, it will be a very public ligence and military police training; placeable source of information. Do it vote of no confidence in our men and March 2005, last month, the Church re- right, yes, but we must preserve it. women on the front lines in the war on port. There is no doubt that this is a deli- terror. I, for one, have not lost con- cate intelligence oversight issue. The This issue has been—and will con- fidence in our people. oversight of detention and interroga- tinue to be—thoroughly investigated The Senator from West Virginia re- tion does command a large portion of by inspectors general and criminal in- ferred to the almost daily revelations the Intelligence Committee staff and vestigators from the DOD, all of the regarding the alleged abuses. It is very time and effort. We must continue to uniformed services, the CIA, and the clear to me what is happening. Facts treat interrogation as a delicate over- Justice Department. It is hard to keep already known to us and to investiga- sight issue or we risk losing it. tors are now finding their way into the track, but I count at least 15 com- I am concerned an unnecessary infor- press through Freedom of Information prehensive national level investiga- mal investigation would accomplish Act requests and, quite frankly, leaks. tions and well over 300 investigations little beyond what we already do in the In Washington, a leak is not a leak of specific allegations of abuse. Be- course of our normal and, yes, aggres- until somebody gets wet. I can tell you, tween these investigations and our reg- sive oversight efforts. As I have said on on the Intelligence Committee, we are ular and aggressive oversight—I will other occasions, it will likely cause right about up to here, and the same emphasize, our regular, aggressive risk aversion, the very thing we are thing is true in many other agencies. oversight—I am comfortable as chair- trying to avoid. man that the Intelligence Committee The constant and repetitive inves- I do not think I am being conspira- is meeting its responsibilities. tigations of our frontline personnel torial when I suggest this is a delib- I want my colleagues to also think will have a chilling effect, a no-con- erate effort to give the public the im- about something else. Last year, just fidence vote, really, on the collection pression that this is an ongoing and as we have talked about, we enacted of intelligence through interrogations. growing problem. It is not. I do not be- the most comprehensive reorganization The Senate and the Intelligence lieve it is. Mistakes have been made by of the intelligence community since its Committee should be publicly sup- our military and our intelligence agen- creation over 50 years ago. We created portive of our men and women of our cies, and the Justice Department has the position of the Director of National Armed Forces and intelligence agen- responded properly with investigations Intelligence and gave him new authori- cies because the overwhelming major- of abuse and misconduct. We will over- ties and enormous responsibilities, fur- ity of these people are doing their best see that. We are being told that, and ther encumbered by our very high ex- to protect us all. Where there have we are being kept fully informed. I will pectations. We have all spoken to that been allegations, they are reported and always meet our oversight duties using during this confirmation process. they are being investigated. And after facts not press reports. If the Intelligence Committee em- they are investigated, they are turned I urge my colleagues to consider this, barks on an unnecessary and boundless over to the Justice Department, if war- as we have two options to take. Again, what some would even call a fishing ex- ranted, and people are being charged. I offer the open door of suggestions just pedition that is surely to be tainted by Frankly, I am fast losing patience as we did with the WMD inquiry to in- politics, suggested by any leak that with what appears to me to be almost corporate concerns of the minority on has appeared in the press, it will be the a pathological obsession with calling the committee with responsibilities as first thing that greets the new DNI into question the actions of the men I see them as chairman of the Intel- when he takes office. As Ambassador and women who are on the front line in ligence Committee and do our due dili- Negroponte begins the difficult process the war on terror. Some of these very gence. of fixing what we and numerous com- courageous individuals wear uniforms I reserve the remainder of my time. missions have said need fixing, he and some do not. They leave their The PRESIDING OFFICER. The Sen- would be met with endless requests for spouses and children at home, after as- ator from Oregon. documents, interviews, and hearings. suring them that everything will be all Mr. WYDEN. Mr. President, how So Ambassador Negroponte and Gen- right, with the understanding that it much time do I have remaining under eral Hayden need to hit the ground may not be all right, and sometimes it the agreement that was entered into running, and that would be exceedingly is not all right. They travel to the earlier? hard to do if they land right in the other side of the world in the service of The PRESIDING OFFICER (Mr. middle of an unnecessary congressional their country with a reasonable expec- ALEXANDER). The Senator has 29 investigation. tation that their country supports minutes remaining.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4066 CONGRESSIONAL RECORD — SENATE April 21, 2005 Mr. WYDEN. Mr. President, I yield 5 associates goes on, the more we realize nating gaps and ensuring that our in- minutes to the Senator from West Vir- what a sophisticated enemy we are fac- telligence agencies are working to- ginia. ing. gether is vital to winning the war The PRESIDING OFFICER. The Sen- Bin Laden and his followers under- against al Qaeda, as well as to our ator from West Virginia. stand the modern media, both here and long-term national security. Mr. ROCKEFELLER. Mr. President, I abroad. They know that allegations of That having been said, the mere cre- thank my colleague. Needless to say, torture and mistreatment undercut our ation of this position was not a silver all of us on the Intelligence Committee efforts amongst our allies and influ- bullet. Many challenges lie ahead for do all of this for the protection of the ences world opinion against the United the new DNI. Transforming our intel- American people and protection of the States. It seems to me we cannot allow ligence agencies—getting them to work American troops. That goes without ourselves to be defamed by deceitful together and share information—will saying. and murderous madmen who have not be easy. According to the Robb-Sil- I have to say that all of the inves- learned how to manipulate public per- verman Commission, turf battles are tigations to which my friend and dis- ception. again emerging between the Central In- tinguished chairman of the Intel- What Senator ROCKEFELLER is talk- telligence Agency, CIA, Federal Bureau ligence Committee referred in his re- ing about would provide us, through an of Investigation, FBI, and Department marks were all about the military. inquiry, the opportunity to discredit of Defense, DOD. These turf battles None of them were authorized to get information collected from al-Qaida contributed to past intelligence fail- into or had access to information about and other terrorists in custody. Tor- ures, and if we are going to truly re- the Central Intelligence Agency and its ture is not an effective way of getting form the intelligence community, we role. We do not investigate the mili- valuable, credible intelligence. A sus- need to put an end to this. The key to tary in particular; the Armed Services pect in extreme pain or psychological a well-functioning intelligence commu- Committee does. We investigate the stress will lie about anything and ev- nity is to resolve these disputes in the Central Intelligence Agency and any erything necessary to stop what that best interest of the country, and not other intelligence efforts with respect suspect is enduring, and if the possi- one agency or another. Independence to detention, interrogation, and ren- bility of torture is removed, those ana- and strong leadership are essential to dition. lyzing the information will have great- the DNI’s success. So there are lots of studies that have er faith in the reporting. Good intelligence is vital to our abil- been done, but there are precious few, If, however, an investigation proves ity to protect against the threats we if any, that have been done with re- that torture was used by anyone, we face today, as well as the threats we spect to the intelligence community. will have an additional reason to ques- will face in the future. That cannot I have put forward this amendment tion the information and better ability happen without better management, a because I think it must be done. I do to determine the truth from fabrica- DNI to coordinate all of our intel- not consider it irrational. I do not con- tion. So I come to the floor today to ligence efforts—to make sure everyone sider it against our troops. I think I say I support Senator ROCKEFELLER in involved remembers that we are all on made the point it is in part to protect terms of his request. I think Senator the same team, working toward the same goal. It is critical that he succeed our troops because we are going to be ROBERTS, the chairman of our com- facing these kinds of situations for mittee, makes a very valid point about in making meaningful changes to our years and years to come. the sensitivity of this time, our people intelligence community. These are I look forward to and I have some being in harm’s way, terrorists will high hurdles, but I believe Ambassador confidence that the chairman and my- stop at nothing, and I think what Sen- Negroponte is up to the job. Mr. LEVIN. Mr. President, I want to self and members of the committee can ator ROCKEFELLER is talking about discuss the nomination of John come to an agreement on how we ap- could provide an additional tool, an ad- Negroponte to be the first Director of proach this in a way which works, ditional opportunity, to strengthen the National Intelligence. This is a new po- gives us the information we need, and fight against al-Qaida by publicly cor- sition created by Congress as a key ele- we can proceed forward to protect our recting their lies and to give us an op- ment of intelligence reform after the soldiers. portunity to expose the al-Qaida spin recommendations of the 9/11 Commis- The PRESIDING OFFICER. The Sen- machine. sion, and after the many failures we ator from Oregon. I have spoken at some length on the saw concerning intelligence on Iraq Mr. WYDEN. Mr. President, I will floor this afternoon, but I want to and weapons of mass destruction. speak very briefly on this matter be- make clear that I hope the distin- I want to discuss one particular as- cause I would like to support Senator guished chairman and the ranking pect of the problems we had with the ROCKEFELLER’s call for an inquiry into member can work this out. I support intelligence community, and how I this area, particularly as it relates to Senator ROCKEFELLER. hope Ambassador Negroponte will im- rendition. I yield the floor. prove upon that situation. Let me begin by saying that I strong- Mr. KOHL. Mr. President. I rise In the course of conducting oversight ly agree with my friend and chairman, today in support of the nomination of of the executive branch, Congress re- the distinguished Senator from Kansas, Ambassador John D. Negroponte to quires information and documents pro- with respect to how important a time serve as our first Director of National duced by the executive branch, includ- this is with our people in harm’s way. Intelligence, a position whose impor- ing from the intelligence community. Chairman ROBERTS is absolutely right tance to our national security cannot This is especially true in cases where that the fight against terrorists cer- be stressed enough. Congress, or members of Congress, are tainly is not a nice business. We under- After 9/11 and the failure of the intel- conducting oversight for which they stand that. ligence community to predict the ab- are responsible. I want to take a minute and support sence of weapons of mass destruction Unfortunately, it has been disturb- Senator ROCKEFELLER in the hopes we in Iraq, study after study has told us ingly difficult to obtain information can work this out and do it in a bipar- that our intelligence system is broken, and documents from this administra- tisan way along the route we took with and desperately in need of repair. We tion on a number of serious issues and respect to Iraq, where we got a unani- began the process of fixing our intel- from a number of agencies, including mous agreement in our committee and ligence community in December, when from the intelligence community, as showed a difficult area could be tack- we passed the Intelligence Reform Act well as from the Defense and Justice led in a bipartisan way. of 2004. Arguably the most important Departments. The reason I support Senator ROCKE- part of that legislation was the cre- The only conclusion I can draw from FELLER and want this matter addressed ation of a new position—the Director of my experience in seeking information is I think this inquiry could especially National Intelligence—with appro- and documents from this administra- provide another useful tool in our fight priate budgetary and personnel author- tion as part of my oversight respon- against al-Qaida. I say that because the ity to effectively coordinate the fifteen sibilities is that too often they have longer the war against al-Qaida and its different intelligence agencies. Elimi- not cooperated fully or appropriately.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4067 Let me turn to some specific exam- In that same July 6th letter from stonewalling, ignoring, or delaying on ples. Each year, the Armed Services Stanley Moskowitz, it said that, in re- requests for information and docu- Committee holds a hearing with the sponse to my April 29 request, ‘‘the de- ments. I asked him if he would ensure senior leaders of the intelligence com- classification review is underway and that the intelligence community pro- munity on worldwide threats. After the we hope to have an answer to you vides timely and responsive answers to hearings, members write questions for shortly.’’ such requests, and he basically said he the record, and the answers are made However, the CIA did not provide an would look into the situation. part of the official hearing record. answer ‘‘shortly.’’ It did not provide Frankly, I was hoping he would have Last year, on March 9, 2004, the any answer until after Director Tenet a more robust and positive answer, and Armed Services Committee held its an- had left the CIA, and I had brought the that he would commit to taking steps, nual worldwide threat hearing with the situation to the attention of the new if confirmed, to ensure that the intel- Director of Central Intelligence or DCI, management team. The declassified ligence community is fully responsive George Tenet, and the Director of the materials were finally provided on in a timely manner to congressional re- Defense Intelligence Agency, Admiral April 6, 2005, nearly a year after the re- quests for information and documents. Lowell Jacoby. But the CIA did not an- quest. However, I am hopeful that when swer all the questions for the record I have had similar problems with ob- Ambassador Negroponte does look into until one year later, after I brought taining documents from the Depart- the matter, he will be more responsive, this delay to the attention of the new ment of Defense. I made a request for in light of the law we just passed. He has a responsibility to the Nation, to DCI, Porter Goss. documents on November 25, 2003, and I the Congress, and to the people—not In June 2003, as the ranking member am still awaiting documents from that of the Armed Services Committee, I just to the President. request. I have some of the correspondence initiated a minority staff inquiry into In that case, the Defense Department outlining the problems I have de- the pre-war intelligence on Iraq, and said it was withholding some of the scribed, and I would ask unanimous the use of that intelligence by the ad- documents to determine whether they consent that they be printed in the ministration. In order to conduct this were covered by executive privilege. It RECORD. inquiry, it was necessary to request did so until late March, when it finally There being no objection, the mate- many documents from the intelligence provided some of the documents, 16 rial was ordered to be printed in the community, as well as from the De- months after my original request. I RECORD, as follows: fense Department. would note that it is unclear what pos- U.S. SENATE, Although the intelligence commu- sible executive privilege concern could COMMITTEE ON ARMED SERVICES, nity provided some documents, they exist for these documents, some of Washington, DC, April 9, 2004. stonewalled other requests. For exam- which were unclassified talking points Hon. GEORGE TENET, ple, on April 9, 2004, I wrote to Director to be used by Pentagon officials. Director of Central Intelligence, of Central Intelligence George Tenet, In the same case, the Defense Depart- Washington, DC. requesting the declassification of three ment originally told me they were DEAR MR. DIRECTOR: I am writing to re- quest information and action relative to a sets of briefing charts produced by the withholding some documents con- series of three briefings presented by the Of- Office of Under Secretary of Defense taining intelligence information that fice of the Under Secretary of Defense for Douglas Feith concerning the Iraq-al was ‘‘Originator Controlled,’’ also Policy (OUSDP), Douglas Feith, to several Qaeda relationship. The charts con- known as ORCON. The Department audiences, entitled ‘‘Assessing the Relation- tained intelligence that only the intel- promised me that they would provide ship between Iraq and al Qaeda.’’ I believe ligence community could declassify. any documents cleared for release by you received a copy of these briefings as at- I knew that one slide, which had been tachments to a letter written by Under Sec- the CIA. But instead of doing so, they retary Feith to me on March 25, 2004, a copy declassified previously at my request, simply swept all the CIA-cleared docu- of which he sent to you. was highly critical of the intelligence ments into their executive privilege re- According to Secretary Feith, the first community’s assessment of the Iraq-al view. briefing was presented to the Secretary of Qaeda issue, and that it had been The new leadership of the CIA and Defense in August, 2002. The second briefing shown to Defense Secretary Rumsfeld the Intelligence Community, Porter was presented to you in August, 2002. The and later to the staffs of the Office of Goss, is adopting a more responsive third briefing was presented to staff of the National Security Council (NSC) and the Of- the Vice President and the National and responsible attitude toward con- fice of the Vice President (OVP) in Sep- Security Council, but that it had not gressional requests for information and tember, 2002. been shown to DCI Tenet when he was documents than did his predecessor. I am requesting the following: briefed. After I brought these delays to his 1. As these briefings contain intelligence On July 6th, I received a letter from attention at a hearing in March, he information, I request that you declassify Stanley Moskowitz, the Director of the briefings, to the greatest possible extent. said he would look into the matter and One page used in two of the briefings (to the Congressional Affairs at the CIA. His ensure that the information was pro- Secretary of Defense and to the NSC/OVP letter said that in response to my April vided. And he did what he promised. On staffs) has already been declassified at my 9 request, the ‘‘declassification review April 6th, he wrote me a letter as a fol- request. of the charts is underway and we hope low-up to providing me the materials 2. Did the CIA see and clear these briefings to have an answer to you shortly. We that had been delayed so long. before they were presented to the Secretary apologize for the delay.’’ I would like to quote from the last of Defense and to NSC and OVP staffs? If so, However, although his staff told my when? Did CIA request changes to the brief- paragraph of his letter: ings? Given that they contain intelligence staff that they were working on the re- You should have received answers to these information controlled by the originating quest, and later that they had com- requests months ago. There is no excuse for agencies, would such clearance requests be pleted the review, the documents were such delays. I have conveyed to my staff that the normal course of action? not forthcoming, nor was an expla- this is not how the Agency will treat re- 3. Please explain when you and when the nation for the delay. I finally received quests. CIA first learned of the existence of the the documents earlier this month, That is the right approach to take. OUSDP briefs; when you and the CIA first learned that this briefing was going to be (or after the current Director of Central After all the frustrating delays and had been) provided to the Secretary of De- Intelligence, Porter Goss, provided stonewalling, it is a welcome breath of fense and to NSC and OVP staffs; and when them. fresh air. And I hope the window stays the CIA first learned that a different version In another example, on April 29, 2004, open for the whole Intelligence Com- of the briefing was going to be (or had been) I requested the declassification of spe- munity. presented to NSC and OVP staffs than had cific portions of three finished intel- This brings me back to the nomina- been presented to the CIA. ligence reports from the CIA con- tion of Ambassador Negroponte to be 4. Please provide the CIA’s views on two aspects of these briefings: first, the sub- cerning the relationship between Iraq the new leader of the Intelligence Com- stantive findings and conclusions (both im- and al Qaeda. I requested that they re- munity. At his nomination hearing be- plied and explicit) of the briefings; and sec- spond by May 10th, but they did not fore the Intelligence Committee, I ond, the reliability of each intelligence item reply for 2 months. asked him about this problem of or report cited in the briefings.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4068 CONGRESSIONAL RECORD — SENATE April 21, 2005 5. Please provide your views on the appro- such delays. I have conveyed to my staff that ysis that is not cleared by the Intelligence priateness of two activities: first, the presen- this is not how the Agency will treat re- Community or made known to it; and sec- tation by non-Intelligence Community per- quests. ond, the provision of comments and edits by sonnel to senior policymakers or administra- Sincerely, entities outside of the Intelligence Commu- tion officials of any formal intelligence anal- PORTER J. GOSS. nity on the contents of the Intelligence Com- ysis that is not cleared by the Intelligence munity products, whether draft or final. Community or made known to it; and sec- CENTRAL INTELLIGENCE AGENCY, Answer: The DCI responded to a similar ond, the provision of comments and edits by Washington, DC, July 6, 2004. question from you at the 9 March 2004 hear- entities outside of the Intelligence Commu- Hon. Carl Levin, ing. He said, ‘‘My experience is that people nity on the contents of Intelligence Commu- Ranking Democratic Member, Committee on come in and may present those kinds of nity products, whether draft or final. Armed Services, U.S. Senate, Washington, briefings on their views of intelligence, but I I appreciate your assistance in this re- DC. have to tell you, Senator, I’m the President’s quest, and I look forward to your response by DEAR SENATOR LEVIN: I am responding on chief intelligence officer; I have the defini- April 23, 2004. behalf of the Director of Central Intelligence tive view about these subjects. From my per- Sincerely, to your letter of 9 April 2004 requesting in- spective it is my view that prevails.’’ CARL LEVIN, formation and action relative to a series of Lastly, in response to your 29 April 2004 Ranking Member. briefings presented by the Office of the letter requesting the declassification of in- Under Secretary of Defense for Policy, Doug- formation contained in two Counterter- U.S. SENATE, las Feith, to several audiences, entitled ‘‘As- rorism Center publications and the October COMMITTEE ON ARMED SERVICES, sessing the Relationship between Iraq and al 2002 National Intelligence Estimate, the de- Washington, DC, April 29, 2004. Queda.’’ Specifically, you asked five ques- classification review is underway and we Hon. GEORGE TENET, tions. The responses to your questions are hope to have an answer to you shortly. Director of Central Intelligence, Central Intel- provided below. Sincerely, ligence Agency, Washington, DC. 1. As these briefings contain intelligence STANLEY M. MOSKOWITZ, DEAR DIRECTOR TENET: I request that you information, I request that you declassify Director of Congressional Affairs. declassify the following information: the briefings, to the greatest possible extent. (1) From the June 21, 2002 Counter-Ter- One page used in two of the briefings (to the Mr. DOMENICI. Mr. President, I rorism Center document relating to Iraq’s Secretary of Defense and to the NSC/OVP would like to express my support for relationship to al Qaeda (CTC 2002–40078CH): staffs) has already been declassified at my John Negroponte to be the first Direc- In the Key Findings section, p. i, third bullet request. tor of National Intelligence, DNI. I under the first paragraph; p. iii, second bul- Answer: The declassification review of the have the utmost respect for Ambas- let; p. v in its entirety (the Scope Note); In charts is underway and we hope to have an the main body of the report, p. 6, the second sador Negroponte and confidence that answer to you shortly. We apologize for the he will excel in this position. section on the page (first and second col- delay. umns, one paragraph and two sub-bullets). 2. Did the CIA see and clear these briefings It is apparent that there is a need to (2) From the October 2, 2002 National Intel- before they were presented to the Secretary improve our Nation’s intelligence capa- ligence Estimate on Iraq and weapons of of Defense and to the NSC and OVP staffs? If bilities. The passage of the Intelligence mass destruction (WMD) (NIE 2002–16HC): p. so, when? Did CIA request changes to the Reform and Terrorism Prevention Act, 68, the first non-bulleted full paragraph and briefings? Given that they contain intel- the two subsequent sub-bullets. by creating the position of Director of ligence information controlled by the origi- (3) From the January 29, 2003 Counter-Ter- National Intelligence, is an important nating agencies, would such clearance re- rorism Center document relating to Iraq and step in achieving this goal. Creating terrorism (CTC 2003–40004HJX): beginning on quests be the normal course of action? Answer: CIA did not see or clear these centralized leadership in the intel- p. 16, the section that begins with the last briefings before they were given to the Sec- ligence community will provide better paragraph on the page, all of page 17, and the retary of Defense, NSC or OVP. The intel- management of capabilities and first two bullets on page 19; p. 27, second col- ligence information used in these briefings produce common standards and prac- umn: the section heading and first full para- was from products previously disseminated graph under the heading; and the second-to- tices across the foreign and domestic last full paragraph. to IC and Executive Branch elements, to in- intelligence divide. The position of DNI I would expect that expeditious declas- clude DoD and the White House. There was will better allow the intelligence com- sification should be possible, given that you no need for further clearance in presenting munity to set priorities and move re- have already declassified significant portions the intelligence information to the Sec- retary of Defense, NSC or OVP as the origi- sources where they are most needed. of the October 2002 NIE, including all the key The position of DNI is going to be dif- judgments, all the text concerning uranium, nator control clearance had been resolved at and the alternative views of the State De- the time of initial dissemination. ficult and demanding. I believe Ambas- partment’s Bureau of Intelligence and Re- 3. Please explain when you and when CIA sador Negroponte’s experience and search. first learned of the existence of the OUSDP character make him an excellent Please have a member of your staff call briefs; when you and the CIA first learned choice to take on this vast responsi- Richard Fieldhouse of the Committee staff that this briefing was. going to be (or had bility. ,been) provided to the Secretary of Defense at 202–224–0750 with any questions or requests From 1960 to 1997 Ambassador for clarification. and to NSC and OVP staffs; and when CIA I appreciate your assistance with this re- first learned that a different version of the Negroponte was a member of the Ca- quest and look forward to your response by briefing was going to be (or had been) pre- reer Foreign Service, serving at eight May 10, 2004. sented to NSC and OVP staffs than had been different posts in Asia, Europe, and Sincerely, presented to the CIA. Latin America. He has been Ambas- CARL LEVIN, Answer: We first learned of the brief in sador to Honduras, Mexico, and the Ranking Member. mid-August 2002 when it was presented to the Philippines. Ambassador Negroponte DCI. We believe it was at that point that we also served as Assistant Secretary of THE DIRECTOR OF CENTRAL learned that it had been presented to senior State for Oceans and International En- INTELLIGENCE, levels in the Pentagon. We did not learn that Washington, DC, April 6, 2005. it had been presented to the NSC and OVP or vironmental and Scientific Affairs and Hon. CARL LEVIN, that there were different versions until ear- as Deputy Assistant to the President Committee on Armed Services, U.S. Senate, lier this year. for National Security affairs. Washington, DC. 4. Please provide the CIA’s views on two More recently, Mr. Negroponte dis- DEAR SENATOR LEVIN: I have confirmed aspects of these briefings: first, the sub- tinguished himself as ambassador to that responses to the long outstanding re- stantive findings and conclusions (both im- the United Nations, during the difficult quests you brought to my attention during plied and explicit) of the briefings; and sec- the Senate Armed Services Committee ond, the reliability of each intelligence item time immediately after the terrorist (SASC) Global Intelligence Challenges hear- or report cited in the briefings. attacks of September 11. Furthermore ing have now been provided to the Com- Answer: The CIA’s January 2003 paper, Mr. Negroponte last year became the mittee. As you made me aware, these re- Iraqi Support for Terrorism, represents the first American Ambassador to Iraq quests were from last year’s Worldwide CIA views on the issues covered in the DoD since the fall of Saddam Hussein. In Threat hearing, as well as from correspond- slides. This paper has been provided to the this role he played an important role in ence dating back to last April. As promised, Committee. moving the nation of Iraq towards a 5. Please provide your views on the appro- I instructed Agency personnel to promptly democratic and stable future. complete their review and provide appro- priateness of two activities: first, the presen- priate and meaningful answers. tation by non-Intelligence Community per- Ambassador Negroponte has a long You should have received answers to these sonnel to senior policymakers or administra- and distinguished career during his requests months ago. There is no excuse for tion officials of any formal intelligence anal- more than 40 years of service to this

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4069 country. During that time he faced more cooperatively, so that informa- same conclusions time and again, for many challenges and difficult situa- tion access is improved to enable all the sake and safety of the Nation we tions. I have the highest expectations relevant agencies to provide necessary must begin the transformation of the that he will take on the assignment as input, and so that the intelligence fifteen agencies tasked with collecting Director of National Intelligence with products provided to national policy and analyzing intelligence into a sin- the same dedication he has shown in makers are not only timely but reflect gle, coordinated community with the the past. Under his leadership, I believe the best judgment of the entirety of agility to predict, respond to and over- America will have the intelligence ca- the intelligence community. come the threats our Nation will face. pability it so urgently needs to fight Ambassador Negroponte has taken on The confirmation of the first Director and win the continuing global war on some of the toughest and most impor- of National Intelligence is the first terror. tant jobs in our diplomatic service in step in executing this extremely com- Ms. SNOWE. Mr. President, I rise his long and illustrious career as a For- plex undertaking and time is of the es- today in support of John Negroponte to eign Service Officer. He has been nomi- sence. Indeed, I cannot recall a time be confirmed as the Director of Na- nated for and confirmed as Chief of when a nominee has come before the tional Intelligence. These are historic Mission in four embassies and as the Senate with the entire community and perilous times as we continue to President’s representative to the they have been nominated to lead in face enemies intent upon attacking us United Nations. He has served in lead- the midst of such sweeping trans- and the values and freedoms upon ership positions within the Department formation. of State and as a security advisor in which our Nation was founded. And once again, I believe the Presi- the White House. John Negroponte has Because we still know very little dent has made an excellent choice in demonstrated the resolve and ability to about our Nation’s most dangerous ad- John Negroponte to lead the intel- take on tough management and policy versaries, the new Director of National ligence community through such a positions and to perform admirably. Intelligence will be responsible for en- transformation. suring that this Nation’s intelligence In the past 3 years, there have been four major investigations that have I look forward to working with him community has the collection and ana- in the coming years as we shape our in- lytic expertise required to confront our concluded that the time has come for significant reform in the intelligence telligence community into a cohesive greatest challenges no matter from whole and as he defines the role of Di- which quarter they appear. While many community. In December 2002, the pri- mary recommendation of the Joint In- rector of National Intelligence. With a are concerned about the emergence of strong DNI and a focused intelligence China as a peer competitor in the quiry into the Terrorist Attacks of September 11, 2001 was that Congress team, our Nation will be safer. I urge Northern Pacific, we obviously still should amend the National Security my colleagues to join me in supporting face the scourge of international ter- Act of 1947 to create a statutory Direc- the confirmation of John Negroponte rorism, international criminal organi- tor of National Intelligence to be the the first Director of National Intel- zations and other transnational President’s principal advisor on intel- ligence. threats. And, of course, there remains ligence with the full range of manage- Mr. KERRY. Mr. President, the suc- the perplexing problem of gathering in- ment, budgetary, and personnel respon- cesses of the intelligence community telligence against closed societies such sibilities needed to make the entire are never really known to the Amer- as Iran and North Korea so called U.S. Intelligence Community operate ican public. But the spectacular fail- ‘‘hard’’ targets. as a coherent whole. ures of the last few years have been ap- Ambassador Negroponte has both the Last July, the Senate Select Com- distinct privilege and solemn obliga- parent to us all. Blue-ribbon panels, mittee on Intelligence issued its Re- presidential commissions, and common tions that come with being the first Di- port on the U.S. Intelligence Commu- rector of National Intelligence. How he sense have all told us that the intel- nity’s Prewar Intelligence Assessments ligence community needs reform. In re- leads, how he manages the community, on Iraq that found that although the how he shapes his role, the relation- cent months, with action by Congress Director of Central Intelligence was and the administration, we’ve begun to ships he creates with the various agen- supposed to act as head of both the CIA cies and their leaders will not only de- see progress. With the vote on John and the intelligence community, for Negroponte’s nomination today, we termine how effective he is in reform- the most part he acted only as the head ing our intelligence community but will take an important step in giving of the CIA to the detriment of the in- life to the structural reforms we’ve de- very likely how each of his successors telligence product provided to National will approach the oversight of our in- bated for so many months. policymakers. John Negroponte faces a daunting telligence community as well. And the Later that month, the 9/11 Commis- challenge as the country’s first Direc- transformation he is charged with sion issued their report on the terrorist tor of National Intelligence. It will be overseeing carries with it the future se- attacks and also recommended that the his responsibility to make intelligence curity of this Nation. current position of Director of Central reform a reality, to break-down the Our intelligence community profes- Intelligence should be replaced by a barriers between intelligence agencies, sionals are the best in the world and National Intelligence Director with and to restore the credibility of the every day they toil tirelessly, often un- two main areas of responsibility: to American intelligence community. recognized, in the shadows to keep this oversee National intelligence centers There once was a time where the word country safe. I believe they are eagerly and to manage the National intel- of the President of the United States looking for strong leadership so they ligence program and oversee the agen- can move forward with the business of cies that contribute to it. was enough to reassure world leaders. securing the country. Finally, earlier this month the Presi- After the intelligence failures of the It has been said that ‘‘A leader takes dent’s Commission on the Intelligence last few years, that is no longer true. people where they want to go. A great Capabilities of the United States Re- In his confirmation hearings, Mr. leader takes people where they don’t garding Weapons of Mass Destruction Negroponte identified ways to improve necessarily want to go but ought to found the Intelligence Community is the intelligence process—formalizing be.’’ I believe that John Negroponte ‘‘fragmented, loosely managed, and lessons-learned exercises across the possesses the experience and leadership poorly coordinated; the 15 intelligence community; utilizing ‘‘Team B’’ anal- necessary to take this Nation’s 15 in- organizations are a ‘community’ in yses to avoid self-reinforcing analysis telligence agencies and the thousands name only and rarely act with a unity premised on faulty assumptions; im- of dedicated professionals in those of purpose.’’ They also concluded that proving inter-agency and community- agencies who toil to protect us all to the Director of National Intelligence wide cooperation; and removing bar- where they ought to be. will make our intelligence efforts bet- riers between foreign and domestic in- He has demonstrated a recognition of ter coordinated, more efficient, and telligence. He must also be able to the need to refocus our intelligence more effective. work effectively with Secretary Rums- community, so that disparate intel- Clearly, with this many investiga- feld and the Department of Defense— ligence agencies are working together tions and Commissions arriving at the and its 80 percent of the intelligence

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4070 CONGRESSIONAL RECORD — SENATE April 21, 2005 budget—to really reform the commu- The directive was purposely obscure in its John Negroponte has served his Na- nity. Many of us in Congress will sup- wording, due to the secret and potentially of- tion faithfully and well. His willingness port his efforts, and I urge President fensive nature of the agency’s functions; and to take on this daunting challenge is a Bush to be steadfast in this regard as the other intelligence organizations, jealous testament to a man who understands of their prerogatives, took advantage of the service to Nation and has, once again, well. vague phraesology to set loose a flock of ru- But Mr. Negroponte’s most imme- mors that Donovan was to be the Heinrich answered the call to serve. We are for- diate and urgent task will be to speak Himmler of an American Gestapo, the Goeb- tunate to have a citizen of such char- truth to power. When the intelligence bels of a controlled press, a super-spy over acter to undertake this important and does not support the policy goals or Hoover’s G-men and the Army and Navy, the challenging task of bringing our Intel- ambitions of the administration, Mr. head of a grand strategy board which would ligence Community together as a co- Negroponte must never flinch, never dictate even to the General Staff. In vain, herent, well-coordinated entity. waiver, never compromise one iota of the President reiterated that Donovan’s I strongly support confirmation of his integrity or the integrity of the in- work, ‘is not intended to supersede or to du- Ambassador John D. Negroponte to be telligence. He must also be willing to plicate or to involve any direction of or in- the first Director of National Intel- terference with the activities of the General push analysts to challenge assump- Staff, the regular intelligence services, the ligence, and hope the spirit of Wild Bill tions, consider alternatives, and follow Federal Bureau of Investigation, or of other Donovan guides and inspires his ef- the evidence wherever it may lead existing agencies.’ The bureaucratic war was forts. them. And when they do, he must back on. Mr. HATCH. Mr. President, today I them with the full authority of his of- It was a war all too familiar to Wash- rise to give my enthusiastic vote of fice. ington, the dog-eat-dog struggle among gov- support for President Bush’s nominee Today we face many threats, the dan- ernment departments to preserve their own to be this Nation’s first Director of Na- gerous legacy of the Cold War in vast areas of power. tional Intelligence. I have known Am- nuclear arsenals, the spread of weapons Ambassador Negroponte and General bassador Negroponte for over 20 years, of mass destruction, the spread of ter- Michael Hayden, USAir Force, his dep- and his professional career as one of rorism, lingering disputes in various uty, face a similar situation today, and our Nation’s best diplomats began 20 regions of the world, and new forces, I wish them well. years earlier. And rarely have I voted like globalization, all crying out for Some have said the Intelligence Re- in support of a Presidential nominee leadership by the United States. The form and Terrorism Prevention Act of with greater confidence. I trust that decisions policy makers make are in- 2004 uses similarly ‘‘vague phrase- my colleagues will lend their support fluenced by many factors. But on ology’’ in describing the authorities unanimously to the President’s selec- issues of war and peace, on protecting and responsibilities of the new Director tion for a position we are anxious to this country, on determining our long- of National Intelligence. Some say that fill. term national security needs and the Roosevelt was intentionally vague to As he assumes the position we cre- direction of our foreign policy, there is allow the strong personality of Wild ated last year to unify the intelligence no substitute for intelligence that is Bill Donovan to make this new intel- community’s capabilities as they have accurate, timely, and trusted. ligence organization work. never been unified before, I offer Am- Mr. Negroponte will shape the role of I think we have two very strong per- bassador Negroponte my complete sup- Director of National Intelligence in sonalities in Ambassador Negroponte port, with three points to consider. fundamental ways. He will be judged on and General Hayden who are up to the First, as I have told the nominee, whether or not America is safer at the task and will make this new Office of this will be the most difficult job he end of his tenure than when he starts. National Intelligence work. Their work will ever hold. And I say this to the For the sake of us all, I hope he suc- will be even more effective as they man who has just returned from serv- ceeds. forge strong alliances with their col- ing as our first ambassador to a liber- Mr. WARNER. Mr. President, I leagues in other departments of Gov- ated Iraq. During Ambassador strongly support the nomination of ernment. Negroponte’s nomination hearing two Ambassador John D. Negroponte to be As Ambassador Negroponte begins weeks ago, the distinguished chairman the first Director of National Intel- this important effort, I know he is of the Senate Select Intelligence Com- ligence. mindful on the balance that must be mittee, who also has my greatest re- This is not a moment without prece- maintained between the needs of na- spect, while reviewing the job require- ments for the new position of DNI, can- dent in history. President Roosevelt tional policy makers, military com- didly asked the nominee: ‘‘Why would faced a similar situation in 1941 when manders on distant battlefields, and you want this job?’’ he had disparate intelligence and infor- local and national homeland security mation gathering organizations within The answer, for those who know him, officials, who are all charged with the is that Ambassador Negroponte has al- the government, but did not have a sin- safety and security of the American gle person in charge. President Roo- ways responded to the call by his coun- homeland. The support these elements try to take on difficult challenges. And sevelt convinced a reluctant Colonel enjoy today has not always been the William J., Wild Bill, Donovan to be we in the Senate have supported him case. When General Norman by confirming him, to date, seven the first ‘‘Coordinator of Information,’’ Schwarzkopf testified before the Sen- an organization that eventually be- times. ate Armed Services Committee in June Second, as I also told the nominee, came the Office of Strategic Services, 1991 regarding lesson learned during OSS, and ultimately, the Central Intel- and I have said to my colleagues: the first Persian Gulf War, he told the Osama bin Laden is not quaking in his ligence Agency. committee that responsive national in- I would like to read a quote from the hideaway because we have created the telligence support has been unsatisfac- book, ‘‘Donovan of O.S.S.,’’ by Corey position of Director of National Intel- tory from his perspective as the the- Ford: ligence. Let us be candid to ourselves ater commander in charge of combat about this. Too often in Washington, a The appointment of Colonel Donovan as di- operations. Clearly, much has changed rector of COI was formally announced by ex- bureaucratic response is mistaken for a ecutive order on July 11, 1941, and his duties since 1991, but we must all remain vigi- solution. I hope we all recognize, after were defined in Roosevelt’s own words: ‘To lant in ensuring that intelligence sup- the years of discussing reform, that the collect and analyze all information and data port for our men and women in uniform legislation we passed last year initiates which may bear upon national security, to is maintained and enhanced. the beginning, not the end of reform. correlate such information and data and Ambassador Negroponte has a strong And this leads to my third point. make the same available to the President record of public service as the U.S. Am- Ambassador Negroponte’s mission, and to such departments and officials of the bassador to Honduras, Mexico, the once we confirm him, is to take the Government as may the President may de- Philippines, the United Nations, and termine, and to carry out when request by elements of the intelligence commu- the President such supplementary activities most recently, Iraq. He has a great rep- nity and de-Balkanize them. His mis- as may facilitate the securing of information utation as a problem solver who can be sion will be to create a whole that is important for national security not now counted on for the epitome of candor greater than the sum of the intel- available to the Government.’ and integrity. ligence community parts. He will do

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4071 this by achieving what we call Honduran government’s human rights In 2004, President Bush nominated jointness between all parts of the com- record during those years and that of Mr. Negroponte to serve as our Ambas- munity. When he does that—and this the CIA Inspector General and non- sador to the newly liberated Iraq. will have to do as much with creating governmental organizations. He has As his background attests, Mr. new doctrine, and creating community yet to show complete candor in dis- Negroponte has tackled many difficult culture that integrates this doctrine— cussing U.S. activities there with the and sensitive missions. He has also then will our already impressive ele- Congress. earned a reputation as a skilled man- ments we have in our community be I believe that Ambassador ager—skills he will surely need in the able to advance our security. Only then Negroponte could have been more out- job ahead. will we be creating the 21st century spoken in reporting from his vantage As Director of National Intelligence, global intelligence capabilities that point at the United Nations in the win- Mr. Negroponte will be responsible for will make bin Laden’s inevitable suc- ter of 2003—when our country was on overseeing the entire intelligence com- cessors and wannabees sweat and run. the verge of war. munity. It will be Mr. Negroponte’s job In my conversations with Ambas- Despite these concerns, I will vote for to keep America safe by bridging the sador Negroponte about his new brief, I the confirmation of Ambassador gaps between our 15 intelligence agen- have shared some of my ideas with Negroponte. I am encouraged by his re- cies and improving information sharing him, and I have found him to be wel- sponses to my questions during hear- between agencies. coming of these and all ideas. He un- ings before the Senate Select Com- He will determine the annual budgets derstands the problems we face, as he mittee on Intelligence. for all National intelligence agencies has been a consumer of intelligence for In a very important exchange, he and offices, and direct how these funds most of his career, and he has spent his provided assurances that he will are spent. The Director will also report last tour in Iraq confronting the chal- ‘‘speak truth to power.’’ In response to directly to the President. lenge of multiple armed groups dedi- my questions, Ambassador Negroponte It is a tough job and a tremendous re- cated to collaborating against us. I be- said he would make sure that reli- sponsibility. But I am confident that lieve he knows what we need, and I ability problems with sources are put Mr. Negroponte will work hard to know he is determined to take the im- before decisionmakers. He agreed to make the necessary reforms to help pressive technological and human ca- explore mechanisms like the State De- keep America safe. We learned on 9–11 that the enemy is pacities already in place in our intel- partment’s Dissent Channel to encour- deadly and determined. He doesn’t ligence community and take it to the age those who see yellow flashing wear a uniform or march under a rec- level necessary to give the American lights to express their views to senior ognized flag. He hides in the shadows public a strategic intelligence capa- officials and to protect dissenters from where he plots his next attack. bility we need and must have. political retaliation. And he said that Dangerous weapons proliferation I believe Ambassador Negroponte has he himself would be taking the ‘‘unvar- must be stopped. Terrorist organiza- always served this country honorably. nished truth’’ to the President. He also tions must be destroyed. And we must As we confirm him today, which I trust said that all organizations under his have an intelligence community that we will, I offer him my support and, purview will obey the law and that works together to confront these very once again, gratitude for choosing to there will be full accountability. serve his country in one of the most real dangers so that we never suffer an- These assurances are critical. My other 9–11 or worse. challenging positions in our history. vote to confirm Ambassador Ms. MIKULSKI. Mr. President, one of I look forward to Mr. Negroponte’s Negroponte is based on them. As a my top priorities is the real reform of swift confirmation. He has served our member of the Senate Select Intel- our Nation’s intelligence. The Intel- country with honor and distinction ligence Committee, I will be watching ligence Reform Act of 2004 was a first over many years. America is fortunate closely to see that they are honored step toward transforming the U.S. in- to have a public servant of his caliber and will do what I can to contribute to telligence community. Information working hard on our behalf. Ambassador Negroponte’s success as sharing will be strengthened, while di- Mr. CORZINE. Mr. President, I rise the first Director of National Intel- verse opinion and independent analysis today in support of the confirmation of ligence. will be protected. John Negroponte to be our Nation’s The single most important provision Mr. FRIST. Mr. President, it is my first Director of National Intelligence. in the act was the creation of a Direc- pleasure to support the nomination of This is a historic moment, and a crit- tor of National Intelligence, who would Ambassador John Negroponte to the ical step toward making our nation have authority, responsibility, and fi- post of Director of National Intel- more secure. But it is also only the be- nancial control over the entire intel- ligence. ginning of what will be a long and chal- ligence community. Mr. Negroponte is superbly qualified lenging effort to reform and improve The President has nominated an ex- for this new and challenging position. I our intelligence capabilities. perienced diplomat to be Director of applaud the President on his choice of It is worth recalling how we got here. National Intelligence. Ambassador candidate. Last week, Mr. Negroponte The establishment of the Director of John D. Negroponte has worked hard was approved by the Senate Select National Intelligence would not have for his country and has made personal Committee on Intelligence. I expect he happened had it not been for the patri- sacrifices. When his country called, he will be confirmed with overwhelming, otism and passion of some remarkable has exposed himself to hardship and bipartisan support here on the Senate Americans. Let me begin with the fam- danger most notably in Vietnam and in floor. ilies of the victims of 9/11 who managed Iraq. Mr. Negroponte’s career in public to turn their grief into real, effective He has also had extensive exposure to service spans four decades and three action. The Family Steering Com- U.S. intelligence products and oper- continents. He has served in Europe, mittee and, in particular, four 9/11 wid- ations. He had intelligence coordina- Asia and Latin America. He speaks five ows from my State who called them- tion responsibilities in Washington on languages fluently, and has won Senate selves the ‘‘Jersey Girls,’’ fought for the National Security Council. He re- confirmation for 7 previous posts. He is real answers. They pushed for the cre- cently had responsibility for leading widely regarded as one of our most dis- ation of the 9/11 Commission, whose the U.S. Embassy in Baghdad during a tinguished and respected public offi- recommendations included the position time when intelligence on the Iraqi in- cials. for which Mr. Negroponte is being con- surgency had the highest priority. Among his many career highlights, firmed today. They also insisted that Yet I have serious concerns with cer- Mr. Negroponte has served as Ambas- the administration cooperate fully tain aspects of Ambassador sador to Honduras, Ambassador to with the Commission as it sought a full Negroponte’s record—particularly his Mexico, Ambassador to the Phil- accounting of the terrorist attack. actions while he was ambassador to ippines, and Ambassador to the United They did all this for one reason: they Honduras. There is a serious discrep- Nations. He has served under multiple wanted America to be safer than it was ancy between his description of the presidents, Republican and Democrat. on the day they lost their loved ones.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4072 CONGRESSIONAL RECORD — SENATE April 21, 2005 We also owe an enormous debt to the Commission and, more recently, by the fort across the intelligence community 9/11 Commission, led by former New President’s WMD Commission. prior to September 11. We had no quar- Jersey Governor Tom Kean and former I am confident Ambassador terback. Prior to this legislation, the Congressman Lee Hamilton. The Com- Negroponte is up to this admittedly Director of Central Intelligence (DCI) mission’s hard work, persistence, intel- difficult task. With a career in public had three jobs: No. 1. principal intel- lectual honesty, and political neu- service spanning over four decades, ligence advisor to the President; No. 2. trality brought about something truly Ambassador Negroponte has dem- head of the CIA; and No. 3. head of the incredible: a national consensus. The onstrated the commitment and deter- intelligence community. As the 9/11 Commission’s meticulous and thorough mination this post demands. His serv- Commission concluded: ‘‘No recent DCI study of the events leading up to and ice in numerous Foreign Service posts has been able to do all three effec- including September 11 and its wise across Asia, Europe, and Latin Amer- tively. Usually what loses out is man- and succinct recommendations gave us ica—and most recently as the U.S. Am- agement of the intelligence commu- an understanding of the past and a bassador to Iraq—has certainly pro- nity, a difficult task even in the best path forward. And, by involving the vided him with the global perspective case because the DCI’s current authori- American people in their deliberations, of our intelligence needs that the posi- ties are weak. With so much to do, the they helped generate public support for tion requires. And, having served in DCI often has not used even the au- much needed reform. senior positions here in Washington at thority he has.’’ It is almost impossible to overstate the State Department and at the Na- The new Director of National Intel- the challenges ahead for the new Direc- tional Security Council, Ambassador ligence has two main responsibilities: tor of National Intelligence. The intel- Negroponte has developed the bureau- to head the intelligence community ligence failures that led to the ter- cratic skills that the DNI must exer- and to serve as principal intelligence rorist attack of September 11, 2001, cise in order to be effective. advisor to the President. As principal happened in part because of a lack of The most important factor in wheth- advisor to the President, the DNI is re- coordination among our intelligence er Ambassador Negroponte—indeed, sponsible—and accountable—for ensur- agencies. It is the DNI’s job to resolve whether the entire intelligence reform ing that the President is properly this problem. Mr. Negroponte will need effort—succeeds, is the degree of sup- briefed on intelligence priorities and the President’s support. He will also port provided by President Bush and activities. The CIA Director will now need Congress’ support. He has mine. the White House in the early but form- report to the DNI, who is not respon- The DNI will also have to correct the ative stages of this process. The path sible for managing the day to day ac- intelligence failures that led to the war toward reform is always a difficult one, tivities of that agency while also head- in Iraq. That includes ensuring that in- particularly with the likely array of ing the intelligence community. In telligence analyses are objective and bureaucratic and institutional obsta- fact, the legislation specifies that the that those analyses are used appro- cles the DNI is likely to confront. As Office of the DNI may not even be co- priately by policy makers. The DNI the WMD Commission candidly recog- located with the CIA or any other ele- will need to speak truth to power, to nized, ‘‘The Intelligence Community is ment of the intelligence community after October 1, 2008. tell policymakers the hard truth about a closed world, and many insiders ad- mitted to us that it has an almost per- As head of the intelligence commu- what we know and what we don’t know. nity, the DNI will have—and must ef- Intelligence must guide policy, and not fect record of resisting external rec- ommendations.’’ It should come as no fectively use—the wide range of strong vice versa. budget, personnel, tasking, and other Our intelligence serves many pur- surprise that the array of strong statu- authorities detailed in the legislation poses, from informing foreign policy to tory authorities provided to the DNI under the legislation can, in and of to forge the unity of effort needed supporting tactical military decisions. against the threats of this new cen- The new DNI will be responsible for itself, only accomplish so much; imple- mentation will now be the crucial test, tury. I am pleased that Ambassador guiding our priorities. But this posi- Negroponte, appearing before the Sen- tion would not have been created had and the President must show the same level of commitment he demonstrated ate Select Committee on Intelligence, we not been attacked on our soil, on indicated he has heeded the advice September 11, 2001. The intelligence during the final push to pass the intel- ligence reform legislation in the last from many quarters, including the community has new consumers: the President’s WMD Commission, to push Department of Homeland Security, Congress. I am encouraged in this regard by the the envelope with respect to his new Federal, State and local government President’s remarks in announcing the authorities. officials, law enforcement and our Na- nomination of Ambassador Negroponte. Perhaps the most significant of these tion’s first responders. It is critical President Bush said: authorities is the DNI’s control over that these people have the information In the war against terrorists who target in- national intelligence funding, now they need to protect us. known as the National Intelligence Mr. Negroponte is highly qualified nocent civilians and continue to seek weap- ons of mass murder, intelligence is our first Program NIP. Money equals power in for this position and I am proud to sup- line of defense. If we’re going to stop the ter- Washington, or to paraphrase one of port his confirmation. But he cannot rorists before they strike, we must ensure the witnesses who testified before the do this alone. This and future adminis- that our intelligence agencies work as a sin- Senate Homeland Security and Govern- trations and the Congress must stay gle, unified enterprise. And that’s why I sup- mental Affairs Committee as we draft- engaged in and remain committed to ported, and Congress passed, reform legisla- ed the intelligence reform legislation, the hard work of intelligence reform. tion creating the job of Director of National former DCI James Woolsey: ‘‘The Gold- Intelligence. Mr. LIEBERMAN. Mr. President, I en Rule in Washington is that he who rise today to express my support for As DNI, John will lead a unified intel- ligence community, and will serve as the has the gold, makes the rules.’’ For in- this historic nomination of Ambas- principle advisor to the President on intel- stance, with respect to budget develop- sador John Negroponte to be the first ligence matters. He will have the authority ment, the bill authorizes the DNI to Director of National Intelligence to order the collection of new intelligence, ‘‘develop and determine’’ the NIP budg- named under the Intelligence Reform to ensure the sharing of information among et—which means that the DNI is the and Terrorism Prevention Act of 2004— agencies, and to establish common standards decision-maker concerning the intel- the most sweeping reform of the intel- for the intelligence community’s personnel. ligence budget and does not share this It will be John’s responsibility to determine ligence community in over 50 years. authority with any department head. With this appointment, we will finally the annual budgets for all national intel- ligence agencies and offices and to direct Once Congress passes the national in- have a single official with the author- how these funds are spent. Vesting these au- telligence budget, the DNI must ‘‘en- ity, responsibility, and accountability thorities in a single official who reports di- sure the effective execution’’ of the to lead a more unified and more inte- rectly to me will make our intelligence ef- NIP appropriation across the entire in- grated intelligence community capable forts better coordinated, more efficient, and telligence community whether the of avoiding the unacceptable intel- more effective. funds are for the CIA, NSA, the Federal ligence failures recounted in excru- Unfortunately, we had no single offi- Bureau of Investigation, or any ele- ciating detail by the independent 9/11 cial who effectively forged unity of ef- ment of the intelligence community.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4073 The Director of the Office of Manage- ner. And, if confirmed, the President’s leadership in Iraq, democracy has ment and Budget must apportion those nominee for Principal Deputy DNI, quickly taken root in the country and funds at the ‘‘exclusive direction’’ of NSA Director Lieutenant General Mi- I believe it will continue to grow. the DNI. The DNI is further authorized chael Hayden, will be a most valuable While the position of the Director of to ‘‘direct’’ the allotment and alloca- asset in leading the reform effort. National Intelligence is new to our tion of those appropriations, and de- We have largely provided Ambas- Government, I am confident that Mr. partment comptrollers must then carry sador Negroponte with the flexibility Negroponte will be successful in his en- out their responsibilities ‘‘in an expedi- to establish the Office of the DNI as he deavors to create a united intelligence tious manner.’’ In sum, the DNI con- sees fit in order to accomplish the goal entity. His experience and success in trols how national intelligence funding of reform. In addition to his Principal Iraq will serve him well in this new po- is spent across the executive branch, Deputy, he may appoint as many as sition. regardless of the department in which four other deputies with the duties, re- Intelligence reform is an issue that any particular intelligence element re- sponsibilities, and authorities he deems we know all too well. It has been wide- sides. appropriate. And, in addition to the ly addressed in a variety of government In order to marshal the necessary re- National Counterterrorism Center, bodies since September 11 and con- sources to address higher priority in- which is specifically mandated under tinues to be the topic of many debates. telligence activities, the DNI has sig- the legislation, Ambassador I commend President Bush in his ef- nificantly enhanced authorities to Negroponte is authorized to establish forts to directly confront this problem transfer funds and personnel from one national intelligence centers, apart and to create a more unified and effi- element of the intelligence community from any individual intelligence agen- cient intelligence apparatus. to another. And, in addition to these cy, to drive community-wide all-source I am confident the Senate will over- budget and transfer authorities, the analysis and collection on key intel- whelming confirm Mr. Negroponte. I legislation provides the DNI with many ligence priorities. These national intel- wish him well in his new position and new and increased authorities by which ligence centers have significant poten- with the daunting task of reforming to effectively manage the sprawling in- tial to shift the center of gravity in the our intelligence agencies. It is not an telligence community and force great- intelligence community from indi- easy one. Despite this challenge, I be- er integration and cooperation among vidual stove-piped agencies toward a lieve he will make our intelligence ef- intelligence agencies. The DNI has the mission-oriented integrated intel- forts better coordinated, more efficient power to develop personnel policies and ligence network. and more effective. programs, for example, to foster in- In sum, we have provided Ambas- Mr. SALAZAR. Mr. President, I rise creased ‘‘jointness’’ across the intel- sador Negroponte with the tools to get in support of Ambassador John ligence community—like the Gold- the job done. Now, with the backing of Negroponte’s nomination to be the water-Nichols Act accomplished in the the President, he must use those au- first Director of National Intelligence. military context. The DNI also has the thorities to transform the intelligence I am pleased President Bush filled authority to exercise greater decision- community as envisioned by the 9/11 this critical position, and pleased that making with respect to acquisitions of Commission, expected by Congress, and the Senate Intelligence Committee major systems, such as satellites, to needed for the security of the Amer- moved with such dispatch to move him task intelligence collection and anal- ican people. On September 11, 2001, it through the process. The Director of ysis, and to concur in the nominations became painfully evident that the National Intelligence will be one of the or appointments of senior intelligence threats we face as a nation had most difficult jobs in Washington. The officials at the Departments of De- evolved, and that our national security director will have to integrate infor- fense, Homeland Security, Treasury, structure needed to evolve accordingly. mation from 15 Federal agencies in- State, and Energy, the FBI, and else- Ambassador Negroponte will now have volved in gathering anti-terrorism in- where across the executive branch. the opportunity to help our intel- formation. More important than any individual ligence community meet these new se- To break down the boundaries that authority, however, is the sum total. curity challenges. I wish him well. fracture our intelligence community, There is no longer any doubt as to who Mr. BUNNING. Mr. President, I speak Negroponte will have to draw on more is in charge of, or who is accountable today on the nomination of John than 40 years’ experience in the For- for, the performance of the United Negroponte to be the first Director of eign Service. He served as U.S. ambas- States intelligence community. It is National Intelligence. I want to express sador to the United Nations from 2001 the DNI. Until exercised in practice, my full support for his confirmation. until last June, when he became the however, these authorities are simply John Negroponte is without question first U.S. ambassador to Iraq since the the words of a statute. And, unless ex- one of the most qualified public serv- 1991 Gulf War. He served in the U.S. ercised, they will atrophy. Timidity, ants to fill this position. Over the past Embassy in Vietnam from 1964 to 1968 weakness, even passivity are not an op- four decades he has continually worked and has been ambassador to Mexico, tion. History will judge harshly a DNI to advance American policy both do- the Philippines and Honduras. who squanders this opportunity to mestically and abroad. Mr. Negroponte is going to have to spread meaningful and lasting reform He is a career diplomat and served in take advantage of his closeness with across the intelligence community. the United States Foreign Service from President Bush to overcome some of And our national security depends 1960 to 1997. Among his most notable the institutional inertia within the in- upon it. posts are Vietnam, the Philippines, telligence community. However, I fully anticipate that Ambassador Honduras and Mexico. Negroponte cannot allow that close- Negroponte will rise to the occasion. After the Foreign Service, Mr. ness to be a double-edged sword. The He must, and I believe he will, hit the Negroponte was appointed as the U.S. DNI needs to be an independent voice. ground running, boldly face the inevi- Ambassador to the United Nations He needs to be able to withstand pres- table challenges and frustrations that from September 2001 until June 2004. sure from the President and report lie ahead, and aggressively assert the After that, he was confirmed over- threats to American security as they authorities with which he has been pro- whelmingly by the Senate as the first are, not as others want them to be. vided. But the DNI will not be alone. U.S. Ambassador to the new demo- I hope that Ambassador Negroponte With the full support of the President, cratic Iraq. will make it a priority to improve the the Joint Intelligence Community Throughout his ambassadorship in flow of accurate, timely and actionable Council—composed of the Secretaries Iraq, he received immense praise even intelligence to state and local security of State, Treasury, Defense, Energy, from the harshest of critics for his re- officials. Homeland Security, and the Attorney moval of corruption in the reconstruc- Right now, local officials—our front General—will advise the DNI and make tion effort in Iraq. He later oversaw, line in the battle for homeland secu- sure the DNI’s programs, policies, and what many deemed impossible—the rity—are getting intelligence from a directives are executed within their re- first successful Iraqi democratic elec- dozen Federal terrorism watch lists. spective departments in a timely man- tions. As we have seen through his They get conflicting or incomplete

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4074 CONGRESSIONAL RECORD — SENATE April 21, 2005 data or information that has no impact As has become increasingly clear the votes scheduled on the two amend- on them. They don’t have the resources over time, Saddam did not possess ments and final passage occur imme- and expertise to process intelligence, stockpiles of these terrible weapons diately following the vote on the form a complete picture of the threats and a number of questions have been Negroponte nomination. I ask that all they face, and what steps they can raised about whether the administra- votes in the sequence after the first be take. tion shaped or misused the available limited to 10 minutes in length and We need to move away from a ‘‘need- intelligence. that there be 2 minutes for debate to-know’’ intelligence culture to a Never again should a Secretary of equally divided between the votes. Fi- ‘‘need-to-share’’ one. State and local State be sent in front of the United Na- nally, I ask unanimous consent that emergency officials represent more tions to make the President’s case for following this consent, the Senate pro- than 800,000 sworn law enforment offi- war based on evidence that was so ter- ceed to a period for morning business cers and 95 percent of America’s ribly flawed. with Senators permitted to speak for counter-terrorism capability. They are If Ambassador Negroponte can pre- up to 10 minutes each. on the front lines of the war on terror vent such misuse of intelligence, and The PRESIDING OFFICER. Is there and they need better information in speak truth to power, he will be a suc- objection? order to protect us. cessful Director. Without objection, it is so ordered. I recognize that will be difficult to If Ambassador Negroponte is to suc- The PRESIDING OFFICER. The Sen- do, and I also recognize that the solu- ceed in developing the right intel- ator from Oregon. tions to this problem will require new ligence and ensuring that it is used Mr. SMITH. Mr. President, I ask thinking. But after serving with Colo- properly, he will have to dramatically unanimous consent that I be allowed to rado’s police officers for 6 years as At- transform our intelligence agencies. speak as in morning business. torney General, I also know that the In the intelligence reform bill we The PRESIDING OFFICER. Without current system of information and in- passed last year, we demanded that objection, it is so ordered. telligence sharing is absolutely insuffi- someone take charge of improving the cient. We can do better—and we must intelligence agencies’ performance. In f do better. that bill, we gave him the tools and the MORNING BUSINESS Mr. REID. Mr. President, I rise to ex- mandate needed. press my support for the nominations Working with his Deputy Director, of Ambassador John Negroponte and General Hayden, who has nearly 3 dec- THE BOLTON NOMINATION General Michael Hayden to be Director ades of experience in transforming in- and Deputy Director of National Intel- telligence as a military officer, I ex- Mr. SMITH. Mr. President, I rise ligence. pect Ambassador Negroponte to trans- today to speak in behalf of John Bolton The Senate’s swift action on these form the intelligence community. to be the U.S. Permanent Representa- two nominations is but the latest ex- The first step in this critical trans- tive to the United Nations. I know this ample of how the Senate’s confirma- formation must be to dramatically im- nomination is gaining controversy. Yet tion process should work, and, for the prove our intelligence collection capa- the more I listen to it, I realize there vast majority of President Bush’s bilities, especially our human intel- may be an attempt to kill his nomina- nominees, has worked. tion from a thousand cuts. It is really a simple formula for suc- ligence efforts, against the 21st century threats of terrorism and the prolifera- It is not unusual in this town to see cess: the President puts forward good, someone with a strong personality qualified nominees and the committee tion of weapons of mass destruction. I hope these nominees will maximize being subject to all kinds of innuendo of jurisdiction and the full Senate act and charges and hearsay. Certainly all expeditiously to approve the nomina- their use of the strong, new authorities Congress provided them in last year’s of these things warrant investigation tion. so that the Senate can perform its ad- In nominating Ambassador John bill. Our Nation’s security rests in vise and consent duty. However, I Negroponte and General Michael Hay- large measure on their efforts. I wish think it is also very important we re- den to be Director and Deputy Director them every success in their endeavors. member the President’s right to nomi- of National Intelligence, the President The PRESIDING OFFICER. The Sen- has put forward people with long years ator from West Virginia. nate the individuals he believes are im- of dedicated service to the country. Mr. ROCKEFELLER. Mr. President, portant in order to pursue his policies Some have concerns about Ambas- if there is no other Member on our side after his election, an election he sador Negroponte’s previous service on who wishes to speak, I yield back the earned at the ballot box, and the right Latin American issues, and these ques- remainder of my time. conferred upon him by the Constitu- tions are certainly legitimate to ex- Mr. WYDEN. I may be the only one tion. plore. with time remaining and I yield back I rise here not as an opponent of the Ambassador Negroponte and General the remainder of my time as well. United Nations, but as one deeply dis- Hayden are men who have wide support The PRESIDING OFFICER. The Sen- appointed in the United Nations in the across both parties, men who have ator from Kansas. 9 years in which I have served as a Sen- proven track records as professional Mr. ROBERTS. I suggest the absence ator. The U.N. is going through a chal- public servants. of a quorum. lenging period, one that is raising ques- Together, these two men are good The PRESIDING OFFICER. The tions about its effectiveness and ability choices for the important new posi- clerk will call the roll. to fulfill its mission on a global scale. tions at the top of our intelligence The legislative clerk proceeded to New and unprecedented challenges face community. call the roll. the United States and our allies. We With Ambassador Negroponte’s re- Mr. ROBERTS. Mr. President, I ask cannot solve all the world’s problems cent experience in Iraq, long experi- unanimous consent that the order for on our own. We need to continue to ence in diplomatic matters, and years the quorum call be rescinded. work with our allies to combat threats of time as a ‘‘customer’’ of intel- The PRESIDING OFFICER. Without around the world, especially the threat ligence, I am hopeful he will focus on objection, it is so ordered. of terrorism and the spread of weapons improving how intelligence is used. Mr. ROBERTS. Mr. President, I yield of mass destruction, for those two fac- It is essential that he put in place back all time on the pending nomina- tors in combination probably pose the the personnel and processes necessary tion, other than the 5 minutes that will greatest security threat to our Nation to help the intelligence community be reserved for Senator STEVENS; pro- and the civilized world. avoid future colossal failures like Iraq, vided further that the vote on the con- An efficient and effective United Na- where in an effort to make the case for firmation of the nomination occur at tions can still play a valuable role in the use of force there, the President 3:45 today. I further ask that at 3:30 world affairs. The U.N. demonstrated and the intelligence community re- today the Senate resume consideration this by its response to the tsunami dis- peatedly asserted that Saddam pos- of the emergency supplemental bill for asters that befell Indonesia, India, Sri sessed weapons of mass destruction. the final 15 minutes of debate and that Lanka, Thailand and the other nations

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4075 in the Indian Ocean. The United Na- the job done and help the U.N. to because he can be confrontational. tions can still serve an integral human- change. Under Secretary Bolton has, with all itarian function. Its success in coordi- I believe John Bolton’s personality, the slings and arrows directed his way, nating relief efforts is helping the re- while not perfect for everyone, will served his country with honor and dis- gion to recover from its tragedy. I am work in a manner that will create tinction at many different times. He also pleased with the U.N.’s establish- change leading to needed reforms. has been an effective diplomat, enjoy- ment of new levels of oversight to mon- Frankly what you need in this capacity ing a strong record of success, and has itor how enormous levels of humani- is probably a strong backbone more demonstrated his enthusiasm for work- tarian assistance are distributed to than a winning personality. He under- ing with other countries to meet com- needy people. stands the strengths and especially the mon challenges. Unfortunately, the U.N. can, and weaknesses of the U.N. At no time in When one reviews John Bolton’s cre- should, and must be more and do more. the history of the United Nations has dentials, it is clear he is extremely We have a United Nations that is trag- reform been as needed as right now. qualified to be United States Ambas- ically rife with corruption and mis- The United States, as the leading con- sador to the United Nations. I say that management. It is an organization that tributor to the United Nations’ budget, without any commentary at all on his is starting now to admit its problems. must take the lead in setting forth the personality. As an Assistant Secretary That is a positive. But it seems incapa- necessary reforms. for International Organizations from ble of addressing these issues in any The United Nations is losing respect, 1989 to 1993 in the first Bush adminis- meaningful way. not only in the United States but tration, Under Secretary Bolton The international community has throughout the world. The United Na- worked for Secretary James Baker on been rocked by scandals involving the tions has a serious legitimacy problem. U.N. reform matters and on the repay- United Nations. The most obvious ex- I remember hearing the Secretary Gen- ment of arrearages and assessments. ample of its malfeasance, of course, is eral saying legitimacy comes uniquely While serving as the Assistant Sec- the Oil-for-Food Program. As you from the United Nations. I wish it did. retary for International Organizations, know, the U.N. was responsible for But it does not. Legitimacy comes he detailed his concept of a unitary overseeing the Oil-for-Food Program, from democracy and processes that are U.N. that sought to ensure manage- which was established to provide relief open and transparent and free from ment and budget reforms that im- to the Iraqi people suffering under Sad- corruption and, when corruption is pacted the entire U.N. system, not only dam Hussein’s brutal regime. Instead, found, rooted out through the process the U.N. Secretariat. This is truly a it allowed—and possibly even di- of law. forward thinking initiative. This is the rected—the incredible scheme of kick- The Security Council—and I think type of creativity and resourcefulness backs, bribes, and other financial the American people understand this— we need in order to address the enor- crimes that may have even enriched is not a place where Americans can mous problems within the United Na- some members of the U.N. bureauc- find security. In some of the worst tions. In 1991, Under Secretary Bolton was racy. cases of genocide in our planet, it has the principal architect behind the ini- The United Nations peacekeepers, been idle, unable, unwilling, and too tiatives that finally led the United Na- sent to provide some semblance of se- gridlocked to stand up to some of the tions General Assembly to repeal the curity to war-torn countries, have been worst human crime in our time. resolution that equated Zionism and accused of such crimes as rape, child It sets high standards for itself and racism, one of the more notorious and molestation, and sexual abuse in the then sits on its hands while genocide heinous resolutions ever passed by the Democratic Republic of Congo, the Bal- occurs in places such as Rwanda and in United Nations. Imagine this: The kans, and in Haiti. the Sudan. Countries that harass their United Nations, created out of the High-ranking United Nations offi- people, that imprison those who clamor ashes of World War II, passing a resolu- cials have been accused of sexual har- for democratic rights, that thwart all tion in 1975 equating Zionism with rac- assment. The U.N. High Commissioner efforts at civilized behavior, have the ism and refusing for nearly 20 years to for Refugees, Ruud Lubbers, was re- same voting power as those with free, repeal that appalling notion. cently removed from his post because democratic societies. During his time out of Government, of sexual harassment. I wish it was the United Democratic Mr. Bolton served the United Nations To tackle this challenge, on March 7, Nations but, it tragically is not. Legit- on a pro bono basis between 1997 and 2005, President Bush nominated John imacy is given to the United Nations 2000, as an assistant to former Sec- Bolton to be the Permanent United Na- from countries such as the United retary of State Baker in his capacity tions Representative for the United States. We do not need a stamp of ap- as the Secretary General’s personal States. I believe Mr. Bolton can help proval from the U.N. to act, but the envoy for Western Sahara, working to produce a more effective and efficient U.N. does need the stamp of approval resolve the dispute over that terri- U.N., a stronger U.S.-U.N. relationship, from its member states before it can tory—quite an effort from someone and a U.N. that lives up to its founding act. who does not believe in the power of principles and ideals. How can one not doubt the legit- multilateralism and international or- I do not know Mr. Bolton. I have imacy of the United Nations when a ganizations, which is alleged against shaken has hand, I believe, on one oc- human rights stalwart such as Libya, him but is not true. casion. But as I have reviewed his or Cuba, is appointed to chair the For the past 4 years he has served as record of accomplishment and his an- Human Rights Commission and the the Under Secretary of State for Arms swers to the Senate Foreign Relations United States is removed? Or Iran is Control and International Security Af- Committee, on which I once was privi- chairing the Disarmament Commis- fairs. Under Secretary Bolton led the leged to serve, it is clear to me he is in- sion? The question answers itself. efforts to implement the President’s telligent. I believe he is honest. He is With the 60th anniversary of the agenda to counter nonproliferation, in- certainly candid. These are qualities I United Nations approaching this sum- cluding the reform of the International think that can help him help the mer, though, we have a real oppor- Atomic Energy Agency. United Nations. tunity to encourage the U.N. to change He also shaped the administration’s When we think back on U.N. ambas- its ways, to live up to its founding approaches to countering the threat of sadors from our Nation, those willing ideals. The United States must take WMD proliferation and, most impor- to shake things up have been most the lead in helping to reform the tantly, the proliferation security ini- meaningful in helping the U.N. to live United Nations. This is the only way tiative, a program that led directly to up to its high purposes. The name of the U.N. can fulfill its original promise the discovery of Libya’s nuclear pro- our former colleague, Daniel Patrick of promoting international peace and gram and its subsequent disarmament. Moynihan, comes to mind. Jeanne security. John Bolton is the best candidate to Kirkpatrick also comes to mind. These John Bolton may or may not be the help usher in this needed reform be- are two who were not afraid to step on perfect nominee. That is not my point. cause he is the one the President nomi- toes or to do what was necessary to get But I think he can be effective simply nated and he has a long record of

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4076 CONGRESSIONAL RECORD — SENATE April 21, 2005 achievement. He knows the United Na- basis of intelligence that was erro- NUCLEAR OPTION tions. He knows the changes that need neous—that we send a message to the Mr. KERRY. Mr. President, I will to be made, and with his prior experi- world about the credibility of that speak about the second issue I would ence he can work with fellow members spokesperson and the United States like to talk about. of the U.N. and to implement the nec- itself. If that spokesperson comes to The Republican nuclear option has essary reforms. the job with a background of having been discussed endlessly on editorial My mother used to tell me when I interfered with the work of analysts in pages, talk radio, and here in this was a little boy, got in trouble and the State Department in the research Chamber. The ongoing debate is about punished: Son, it is better to be trusted and the intelligence research depart- much more than Senate procedure. At than loved. Frankly, if Mr. Bolton is ment, or if that person comes to the its core is a debate, really, about where feared, while not loved, he may do job with proof that there is, in fact, a we are headed in our relationship be- more good than if he is loved and get- retribution system for not providing tween each other, Republicans and ting along with all. With all the prob- the intelligence according to what that Democrats, leaders all sworn to uphold lems illustrated with the United Na- person wanted—not according to what the Constitution and with the responsi- tions, why would we want to send the intelligence was—that is a prob- bility to try to lead this Nation in dif- someone to New York who is more in- lem. It is a serious problem. ficult times and find the common terested in the status quo than with If the nominee was not candid with ground and build a consensus for our engaging this institution with real re- the committee under oath before which country. form for its organizations. he appeared, that is a serious problem. At its core is a debate about how we Again, I don’t know Mr. Bolton per- It is not politics. There will be a lot live out our own democracy in Amer- sonally. His personality is probably more time to discuss this over the ica. Beneath it are questions about how much different than my own. But I do course of the next days. The com- this city, the Nation’s Capital, is func- know the President has a right to ap- mittee, to its credit, is going to do tioning today, how we relate to each point whom he will appoint. Unless what is appropriate, which is examine other, how our committees work, how something is unearthed that disquali- these issues. Every member of the com- the Senate itself functions. It appears fies him because of his conduct, then mittee is duty-bound and will review as if we are headed in a direction that all the innuendo, the hearsay, and the that evidence with diligence, an open ultimately clashes with the real will charges made against him that are ‘‘he mind, and honesty. That is all we can and needs of the American people. That said, she said’’ need to be understood in ask. is what this is really all about. We should not be reducing every the long tradition in this town of kill- The fact that we are even talking question, particularly legitimate ques- ing one by 1,000 cuts, simply for polit- about this nuclear option is a stark re- tions, to the sense of politics. It is a ical gain. minder that Washington is not caught mistake. It is a mistake for the quality We owe this country and especially up fighting for the broader interests of of the government we are trying to the United Nations, something better the American people, that we are not provide the American people. It is a than an effort of blood sport in the spending most of our time consumed by mistake with respect to our constitu- Senate. Unless something is quickly the things that affect the lives of aver- tional obligations when we go up to unearthed about Mr. Bolton, I ask my age Americans—losing their jobs, see- this desk and raise our hand and swear ing more expensive health care, watch- colleagues to advise and consent on to uphold the Constitution of the this nomination and to confirm him as ing jobs go overseas, seeing the deficit United States. grow, seeing the trade deficit grow, quickly as possible because the work of It is not the first time in American wondering about the health care sys- reform at the United Nations is long history a nominee has been ques- tem of our Nation, schools where our overdue. tioned—Democrat or Republican. It is I yield the floor. appropriate to perform that function. kids still have teachers who dig into The PRESIDING OFFICER. The Sen- I heard colleagues on the committee their pockets in order to take out of ator from Massachusetts. say in the beginning, this is only one their not-so-great salaries to put mate- Mr. KERRY. I ask unanimous con- offense. If there were a pattern, I would rials in front of those kids so they can sent—I will not speak that long—to be disturbed by this. Lo and behold, in study—while we here make other proceed for such time as I may con- the next day, a pattern appeared, and choices. sume. all of a sudden the ‘‘pattern’’ people From the outside looking in, our de- The PRESIDING OFFICER. Without disappeared. It was not a question of if mocracy appears broken to an awful objection, it is so ordered. there is a pattern, it was now, well, the lot of Americans. It certainly seems to Mr. KERRY. I ask unanimous con- President has a right to make his be endangered by a one-party rule—not sent my comments be separated. I will choice. Another reason and rationale a supermajority, a simple majority—in make a few comments about Secretary was found. a very closely divided Nation, a party Bolton and ask that they are separated I don’t even know why we get into rule that seems intent on amassing and appear separately in the RECORD. such a partisan tizzy about it. The power to be able to effect its will no The PRESIDING OFFICER. Without other side of the aisle ought to care as matter what, often at the expense of objection, it is so ordered. much as we do who is there or who is the real work and the real needs of the Mr. KERRY. Mr. President, I will say not there. We have had nominees in the American people. a few words about Secretary Bolton. course of time that I have been here Now, in recent weeks alone, we have The Senator from Oregon and I are who have not been confirmed or who witnessed a really disturbing course of good friends and we have known each were not confirmable, some of whom events, probably as disturbing as I have other a long time in the Senate and were delayed endlessly. I remember seen in the 22 years I have been privi- have worked together on a number of what a good friend of mine, Richard leged to serve here. Republican leaders issues. As he well knows, the issue that Holbrooke, went through in the process of Congress, in my judgment—I say defines the Bolton nomination is not of his nomination. Senator Helms had this respectfully—are crossing lines I politics. It is not ‘‘death by 1,000 cuts.’’ him jumping through hoops for months think should not be crossed: the line It is an examination of the record of an looking at his financial records and his that says a leader of the House of Rep- individual who has been nominated for transactions, none of which occurred in resentatives should never carelessly one of the largest embassies in the the course of his public business, but, threaten or intimidate Federal judges; world, one of the most important nevertheless, that is what happened. the line that says the leader of the spokesperson jobs in the world, one of And he patiently went through it. And Senate should never accuse those who the most important diplomatic jobs in we patiently worked through it. Ulti- disagree with his political tactics of the world. mately he was confirmed and I think waging a war against people of faith; It is vital, in the aftermath of Sec- he did an outstanding job for the coun- the line that says respect for core con- retary Powell’s testimony to the try as a consequence of that. stitutional principles should never be United Nations—which he now has pub- So I think it is time to find a dif- undermined by a political party’s agen- licly acknowledged was in error, on the ferent path here. da; most important of all, the line that

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4077 says that a political party’s leader admiring and respecting his independ- spending the people’s time defending should never let the hunger to get done ence. TOM DELAY, or are they going to de- whatever that political agenda is over- Open your eyes across this country fend America and defend our democ- shadow the needs and the interests of and look at what is happening in the racy? respecting both the Constitution and Congress today, and you are quickly Will Republican Senators let their si- the will of the American people. reminded that some of those who run lence endorse Senator FRIST’s appeal to It is, frankly, almost hard to believe this city have chosen to do so in a way religious division, or will they put that in a Congress where leaders of that does not seek to find that common principle ahead of partisanship and both parties once worked together to ground, that does not try to stay in refuse to follow him across that line? find common ground despite ideolog- touch with the mainstream values but Will they join in an effort across the ical differences, we face this. If Everett pushes a narrower set of priorities. aisle to heal the wounds of this institu- Dirksen were here, or Hugh Scott, peo- What does it tell you when an embat- tion and begin addressing the countless ple I was privileged to meet as a young- tled majority leader of the House is challenges that face this Nation? It is er American when I was looking at the willing to go on talk radio and attack time to come together to fulfill our system, I think they would shudder at a Supreme Court Justice, let alone a fundamental obligations to our sol- this relationship we see today. Supreme Court Justice appointed by diers, our military families who have Yesterday, when JIM JEFFORDS an- Ronald Reagan, confirmed by a nearly sacrificed so much. It is time to bring nounced his retirement, I remembered unanimous Senate, a Justice who ruled down gas prices and to move America the very different words about a dif- in favor of President Bush in Bush v. toward less dependence on foreign oil. ferent Washington that JIM captured so Gore? Ronald Reagan’s nominee to the It is time to find common ground to eloquently about 4 years ago. He spoke highest court in the land cannot even cover the 11 million children in this of a political tradition where leaders escape TOM DELAY’s partisan assaults. country who have no health insurance represented their States first. They Yet here on the floor of the Senate at all. Are we willing to allow Wash- spoke their minds, he said, often to the there is no outcry, no moderating Re- ington to become a place where we can dismay of their party leaders. And they publican voice willing to say this rewrite the ethics rules to protect TOM did their best to guide this city in the shocking attack has no place in our de- DELAY but sell out the ethics of the direction of our fundamental prin- mocracy. American people by refusing to rewrite ciples. I guess none of this should be a sur- a law to provide health care to every It is underscored by what happened prise when the majority leader an- child in the country? Are we willing to in the Foreign Relations Committee nounces what he is going to do on this allow the Senate to fall in line with the just the other day. Our distinguished Sunday. The majority leader plans to majority leader when he invokes faith, OINOVICH colleague, Senator V , had the headline a religious service devoted to all of our faiths over here? JOE LIEBER- courage to think. He had the courage defeating, and I quote, ‘‘a filibuster MAN is a person of faith. HARRY REID is to tap into his own conscience and to against people of faith.’’ a person of faith. They don’t believe we respect that tradition of thought and Mr. President, I resent that. I am a should rewrite the rules of the Senate. individualism in the Senate. But it was person of faith, and I do not believe we And we certainly should not allow this astonishing the reaction of the press, should lose our right to have a fili- to be an issue of people who believe in the reaction of the commentators, the buster to stop things that we disagree the Constitution somehow challenging reaction of partisans, the reaction of with, according to the rules of the Sen- the faith of others in our Nation. members of his own party, who under- ate. It has nothing to do with faith. Are we going to allow the majority scored how rare, how absolutely out of And when the leader of the Senate leader to invoke faith to rewrite Sen- order and how out of the sequence it questions how any Senator applies ate rules to put substandard extremist was for this Senator to individualize their faith in opposing procedures of judges on the bench? Is that where we his judgment, all of a sudden. the Senate, we are going too far. You are now? It is not up to us to tell any Senator VOINOVICH is now being go beyond endangering the rules that one of our colleagues what to believe as vilified on talk radio and on the Inter- protect the cherished rights of the ma- a matter of faith. net for having the audacity to say that jority and the minority; you wind up he felt uncomfortable casting a vote challenging the foundation of our de- I can tell you what I do believe without enough information. He did mocracy and of how this Senate is sup- though. When you have tens of thou- not say he planned to vote against the posed to work. sands of innocent souls perished in President’s nominee; he said he just Make no mistake, this may be an iso- Darfur, when 11 million children are wants to make an informed decision on lated issue, but the rights of the minor- without health insurance, when our co- the matter, a matter of great impor- ity are fundamental to our democracy. lossal debt subjects our economic fu- tance. That does not seem very con- Many people have written that the real ture to the whims of Asian bankers, no troversial to me. But, oh, boy, are the sign of a democracy is not the rights of one can tell me that faith demands all attack folks out. The daggers are out. the majority. It is the rights of the mi- of a sudden that you put the Senate in Senator VOINOVICH is persona non grata nority that are, in fact, a signal of a a position where it is going to pull among certain circles. truly strong and vibrant democracy, itself apart over the question of a few Senator CHAFEE actually said he had and diluting those rights is a threat to judges. No one with those priorities has never seen such an act as Senator that vibrancy. a right to use faith to intimidate any VOINOVICH’s in his 4 years in Wash- Forces outside the mainstream now one of us. ington. What a terrible comment on seem to effortlessly push Republican It is time we made it clear that we the way this place works today, that a leaders toward conduct that the Amer- are not willing to lie down and put this new Senator has not seen an act of in- ican people do not want in their elected narrow, stubborn agenda ahead of our dividual conscience where a Senator leaders—inserting the Government into families, ahead of our Constitution, thinks something through and realizes our private lives, injecting religion and ahead of our values. The elected he is not prepared and wants more in- into debates about public policy when leadership in Washington owes the formation. Before the era of C–SPAN it does not apply, jumping through American people and this institution and 24-hour news and 24-hour attack hoops to ingratiate themselves to their better than this. and the World Wide Web, Senators party’s base—while, step by step and What is at stake is far more than the showed the courage and the independ- day by day, real problems that keep loss of civility or the sacrifice of bipar- ence all the time. Senators did not Americans up at night fall by the way- tisanship. What is at stake is our val- think twice about acting on their con- side here in Washington. ues, both as a country and an institu- science ahead of partisanship. And We each have to ask ourselves, Who tion, respecting the rights of the mi- today, it is a statement that Senator is going to stop it? Who is going to nority, separation of church and state, VOINOVICH is subject to widespread stand up and say: Are we really going honesty and responsibility. denigration in partisan circles, when to allow this to continue? Are Repub- Every one of us knows there is no Americans ought to be standing up and licans in the House going to continue real crisis in the confirmation of

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4078 CONGRESSIONAL RECORD — SENATE April 21, 2005 judges or judicial nominations, when of the quality of the exchange between office, to determine what it needs in over 90 percent of the President’s nomi- both sides of the aisle in this institu- order to function properly at the begin- nees have already been confirmed, 205 tion. That is not what this Senate is ning, and to set the course for this new out of 215 total. What is really at stake renown for. It is called the greatest de- intelligence agency. is something a lot greater, a struggle liberative body in the world, a place So I am here to urge that the Senate between a great political tradition in where people on both sides can find the promptly approve this nomination and the United States that seeks common common ground and get good things confirm John Negroponte so he can ground so we can do the common good, done. start on this very important task. and a new ethic that on any given issue I think Senator MCCAIN has said pub- I yield the floor. is prepared to use any means to justify licly: We are not always going to be in The PRESIDING OFFICER (Mr. the end of absolute victory over what- the majority. COLEMAN). The Senator from Arizona is ever and whoever stands in the way of That has been the course of history recognized. that ethic; a new view that says if you here. What goes around comes around. Mr. MCCAIN. Mr. President, I asso- don’t like the facts, just change them; That is part of the respect that has al- ciate myself with the remarks of the if you can’t win playing by the rules, ways guided this institution. We need senior Senator from Alaska concerning just rewrite them; a new view that says to work harder, all of us, to restore the qualifications of John Negroponte. if you can’t win a debate on the what the American people want and Both the Senator from Alaska and I strength of your argument, demonize haven’t had for too long. That is a have known him for many years and your opponents; a new view that says it Washington that works for them. his service is one of great distinction. I is OK to ignore the overwhelming pub- I yield the floor. am confident he will receive the en- lic interest as long as you can get away f dorsement of an overwhelming major- with it. For what? For a so-called nu- ity of the Senate. NOMINATION OF JOHN clear option over a few judges, an op- NOMINATION OF JOHN BOLTON NEGROPONTE tion that seeks to put extreme, sub- Mr. MCCAIN. Mr. President, I rise to standard judges on the bench against The PRESIDING OFFICER. The Sen- discuss the nomination of John Bolton the will of the American people. ator from Alaska. as ambassador to the United Nations. Is it worth undermining our democ- Mr. STEVENS. Mr. President, I come We all know, somewhat unexpectedly, racy on behalf of Priscilla Owens, who to the floor to talk about my good Mr. Bolton’s nomination has been held took contributions from Enron and friend, John Negroponte. I have known pending further discussion and consid- Halliburton and then ruled in their him and Diana and their children—Ma- eration by the Foreign Relations Com- favor? A conflict? Is it worth this dis- rina, Alejandra, John, George, and So- mittee. traction from the people’s business to phia—for quite some time. I think the I want to say I strongly support Mr. confirm a Charles Pickering who Nation is very lucky to have a man of Bolton’s nomination. He has been con- fought against implementing the Vot- the caliber of John Negroponte on firmed by the Senate four times in the ing Rights Act and manipulated the ju- deck, so to speak, and willing to take past. He is a smart, experienced, hard- dicial system to reduce the sentence of the assignment of being the new Direc- working, and talented man, and he a convicted cross burner? Is it worth tor of National Intelligence. He has had knows the United Nations. He is not a throwing out 200 years of Senate tradi- considerable experience as an ambas- career diplomat, but neither was Jean tion to defend William Myers, Janice sador. Rogers Brown, and Bill Pryor whom Kirkpatrick. He is not a career dip- I remember full well the first time I lomat, either by profession or tempera- numerous members of the impartial met him was in Honduras when he was American Bar Association deemed un- ment, but then the role of ambassador the Ambassador there. We had a rather to the U.N. has always required some- qualified? severe problem, as people will recall; The fact that we even have to debate thing special. A look back at some of we called them the Contras. But I got a nuclear option over these judges tells the personalities who have held the to know him fairly well in the time we you this is all about power, about vic- job—from Adlai Stevenson to Daniel tory, about a sort of unchallenged abil- were down there. When he returned to Patrick Moynihan, from Madeleine ity to be able to do whatever you want, Washington, I met his wife and was Albright, to Jean Kirkpatrick, to Rich- despite the fact that that is not the with him and spent time with him on a ard Holbrooke—shows that directness way it works here and that is not the family basis. I have spent time with and forcefulness are assets, not hin- way our Founding Fathers intended it him now in his various positions he has drances, to effectiveness there. to work. had since that time, at the U.N. and in We all know Mr. Bolton is perhaps It is time to put Americans back in Iraq. not the world’s most beloved manager, control of their own lives and put He is a man of great talent and nor one to keep his temper entirely Washington back on their side. That depth. I believe there are many of us— under wraps. Perhaps, Mr. President, means restoring accountability, ac- and I am one of them—who had severe that evokes a certain sympathy and countability for false promises, ac- questions about the direction we were empathy from this individual, although countability for failure to address taking in terms of this new Director of it is well known that on no occasion issues that we have promised to ad- National Intelligence and how it would have I ever become emotionally in- dress, ranging from energy independ- relate to existing agencies and to the volved in anything. ence to military families who just lose State Department and to the Depart- I am sorry about a little levity here. their benefits when they are called to ment of Defense and to the National Seriously, I ask my colleagues is it duty and struggle with their families, Security Agency and all others who are unique to Mr. Bolton to be strong in accountability for fiscal insanity, for involved in intelligence and relate to his views and opinions? If a temper and record deficits, for mounting debts. those in the Congress who have the an unorthodox management style were That is the debate we owe the Amer- oversight responsibility for the intel- disqualifiers from Government service, ican people, accountability for 45 mil- ligence function and for the classified I would bet a large number of people in lion Americans who have no health areas of the activities of our Nation. Washington would be out of a job. care and middle-class Americans who John Negroponte is a man who can do It is worth wondering not whether are one doctor’s bill away from bank- this job. He is a man of great talent. Mr. Bolton is a mild, genteel dip- ruptcy, especially the 11 million chil- But more than that, he has dem- lomat—we know he is not—but rather dren who have no health care at all. onstrated the ability to work with peo- whether he is the representative we That is what the American people want ple and various entities, not only here need at the United Nations. We need an us to debate with passion, not the rules in our country but throughout the ambassador who truly knows the U.N. of the Senate but the legitimacy and world. This new Director of National We need an ambassador who is willing the substance of those choices. That is Intelligence could well become the to shake up an organization that re- what we ought to do. most important Cabinet position we quires serious reform. No one knows Any Senator who has been here for a have in the years to come. John better than the Senator from Min- period of time has watched the decline Negroponte is the man to fashion that nesota, who is in the chair, who has

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4079 been heavily involved in the issues of sonality, in my view, and a knowledge- Mr. COCHRAN. Mr. President, I ask the U.N. We need an ambassador who able one to help bring about those re- unanimous consent the order for the has the trust of the President and the forms. quorum call be rescinded. Secretary of State. Mr. Bolton, it But without hard work and pressure, The PRESIDING OFFICER. Without seems to me, has what it takes for the nothing will happen. Over the years, objection, it is so ordered. job. the U.N. has proven itself to be re- f I am reminded, on the judges issue markably resistant to change. I believe EMERGENCY SUPPLEMENTAL and in this issue, elections do have con- John Bolton could provide the medi- APPROPRIATIONS ACT, 2005 sequences. I believe there are signifi- cine the United Nations needs. cant numbers of the American people As I mentioned earlier, elections The PRESIDING OFFICER. Under who do take into consideration the have consequences, and one con- the previous order, the Senate will re- consequences of a Presidential elec- sequence of President Bush’s reelection sume the pending business, which the tion, and that is the earned right of a is he actually should have the right to clerk will report. President, under anything other than select officials of his choice. I stress The legislative clerk read as follows: unusual circumstances, to pick his this because the President nominates A bill (H.R. 1268) making emergency sup- team. There were nominees of the pre- not the Democrats’ selection, nor plemental appropriations for the fiscal year vious Clinton administration I didn’t mine, nor that of any other Senator, ending September 30, 2005, to establish and rapidly implement regulations for State agree with, I would not have selected but his own choice. I mentioned that but because President Clinton was driver’s licenses and identification document when President Clinton was elected, I security standards, to prevent terrorists elected President, I voted for his nomi- didn’t share the policy views of some of from abusing the asylum laws of the United nees on that basis. the officials he nominated, but I voted States, to unify terrorism-related grounds The U.N. is a vital organization to to confirm them, knowing the Presi- for inadmissibility and removal, to ensure the world and to the national interests dent has a right to put into place the expeditious construction of the San Diego of the United States. It is not perfect team he believes will serve him best. border fence, and for other purposes. by any means, and John Bolton knows The Foreign Relations Committee is Pending: this. There has been talk that the nom- examining whether Mr. Bolton has en- Ensign amendment No. 487, to provide for ination of Mr. Bolton was an indication gaged in truly unacceptable behavior additional border patrol agents for the re- of the administration’s disdain for mul- that would disqualify him for office. I mainder of fiscal year 2005. Bayh amendment No. 520, to appropriate tilateral diplomacy. I cannot believe believe, unless we see a pattern of inap- Mr. Bolton wishes to be dispatched for an additional $213,000,000 for Other Procure- propriate conduct—which so far I have ment, Army, for the procurement of Up-Ar- 4 years to an ineffective body, unloved not—I believe the Senate must move by the United States. I do believe he mored High Mobility Multipurpose Wheeled forward expeditiously to confirm John Vehicles (UAHMMWVs). wants to work actively to reform the Bolton as America’s ambassador to the The PRESIDING OFFICER. There is U.N., make it stronger and better. Mr. United Nations. Bolton, seeing clearly the U.N.’s now 15 minutes equally divided. Who Mr. President, as I criticize some of strengths and its weaknesses, will be yields time? the activities of the U.N., there are well positioned to improve the organi- The Senator from Massachusetts. other activities of the U.N. going on as zation and America’s relationship with AMENDMENT NO. 520 we speak that I think require Amer- him. Mr. KENNEDY. Mr. President, I yield ica’s presence. The situation in Darfur, As the Chair well knows, what kind myself 3 minutes. Sudan, for example, is one that cries of a U.N. is it that has Libya, Cuba, In December, just a few months ago, out for American participation in the and Zimbabwe as part of its Human the Secretary of Defense on a visit to decisionmaking process because one Rights Commission? Is it all right with Iraq was asked by a soldier why our could draw a scenario where under ex- the U.N. today? We are seeing more troops were sent into battle with treme circumstances, to prevent geno- and more indications of the Oil-for- unarmored vehicles. cide, American troops, or certainly Food scandal which, again, the Senator It was a question on the minds of American support in the form of logis- from Minnesota, the Chair, has care- many Americans—especially those tics and other areas, could be heavily fully examined. There is a crying need with sons, daughters, husbands, wives, involved, as well as expenditure of for reform. friends, and neighbors who had an- I am pleased the Secretary General of American tax dollars, which already swered their country’s call and whose the U.N. has made proposals for re- constitutes a significant portion of the lives are on the line every day in Iraq form. I support those and believe per- financing of the United Nations. and Afghanistan. haps we need more. Again, it seems to So I hope we can set a time and date The American people are appalled me Mr. Bolton sees clearly the certain for a vote on Mr. Bolton. As I that our troops have had to fend for strengths and weaknesses, and he said, if somebody has information that themselves by strapping plywood and would be well positioned to help in this would disqualify him, that is fine. I scrap metal onto their vehicles. Our reform effort. Let’s not forget that it don’t think he or anybody else deserves troops call them ‘‘cardboard coffins.’’ desperately needs improving. It is hard a long, drawn-out, exhausting process As one soldier who served in Iraq said, to take an organization that has coun- which damages our ability to partici- ‘‘I would feel safer in a Volvo than I tries such as I mentioned that are pate in the U.N. and also may damage would in one of these (unarmored) members of the Human Rights Com- the character of a good man. Humvees.’’ mission or whose General Assembly I hope we will act as expeditiously as But month after month, the Pen- equates Zionism with racism. But at possible. I have great respect for the tagon has failed to provide enough ar- the moment, a great opportunity pre- Foreign Relations Committee and its mored Humvees to meet the urgent se- sents itself. The panel named by the chairman, Senator LUGAR, all mem- curity needs of our troops on dangerous Secretary General, on which one of my bers, and the ranking member, Senator patrols in Iraq. On nine different occa- most respected Americans and beloved BIDEN. But I certainly hope they real- sions, we have asked the Pentagon for Americans, Brent Scowcroft, served, ize inordinate delay is not healthy. I, their requirements for armored has recently issued its list of rec- having had the opportunity of knowing Humvees, and nine times they have ommendations to transform the U.N. Mr. Bolton for many years, believe he been wrong. Kofi Annan has presented his own seri- would do an outstanding job as our am- An now the Pentagon actually wants ous plan to implement these rec- bassador to the United Nations. to decrease the production of armored ommendations. Mr. President, I suggest the absence Humvees. In other words, I argue that right of a quorum. Tell that to our troops in Iraq and now the U.N. is in a unique moment, The PRESIDING OFFICER. The Afghanistan and they’ll let you know perhaps, in its history; and because of clerk will call the roll. how irresponsible that is—just as they the scandals associated with it, it is The assistant legislative clerk pro- told Secretary Rumsfeld on his trip to open to reform. We need a strong per- ceeded to call the roll. Iraq in December.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4080 CONGRESSIONAL RECORD — SENATE April 21, 2005 Tell that to the family of James Your dedication to our men and women in The PRESIDING OFFICER. Without Sherill, a Kentucky National Guards- uniform, and their families, is deeply valued. objection, it is so ordered. man who was killed in an unarmored Sincerely, The amendment is as follows: DAVID F. MELCHER, vehicle just this month. On page 183, after line 23, add the fol- Tell that to the families in Massa- Lieutenant General, U.S. Army, Deputy Chief of Staff, G–8. lowing: chusetts who have lost loved ones in JAMES J. LOVELACE, SUDAN Iraq. Lieutenant General, Tell that to the tens of thousands of U.S. Army, Deputy Chief of Staff, G–3. SEC. . Of the funds appropriated in this dedicated men and women in uniform Act for ‘‘Contributions for International Mr. KENNEDY. The House of Rep- Peacekeeping Activities’’, $90,500,000 may be about to serve their second and third resentatives added 232. This amend- tours there. Tell them they may have made available for assistance for Darfur, ment is to do what the Department of Sudan: Provided, That within these amounts, to ride into the danger zone yet again Defense says is necessary to keep the $50,000,000 may be transferred to ‘‘Peace- without enough armor. production line going. I hope it will be keeping Operations’’ for support of the ef- We know that American companies accepted. forts of the African Union to halt genocide can produce more. The PRESIDING OFFICER. Who and other atrocities in Darfur, Sudan; Pro- Armor Holdings—the company that yields time? The Senator from New vided further, That $40,500,000 may be trans- puts the armor on the armored Jersey. ferred to ‘‘International Disaster and Fam- Humvee—told my office this morning ine Assistance’’ for assistance for Darfur, AMENDMENT NO. 368, AS MODIFIED that its current contract with the Sudan and other African countries. Mr. CORZINE. Mr. President, amend- Army will mean sharp reductions in The PRESIDING OFFICER. If there ment No. 368, as modified, was accepted production. Right now, they provide is no further debate on the amendment, by both sides on the Foreign Oper- 550 armored Humvees a month. Their the question is on agreeing to the ations Subcommittee last night before current Army contract calls for only amendment. a unanimous consent agreement, not in 239 in June, zero in July, 40 in August, time for inclusion in the managers’ The amendment (No. 368), as modi- and 71 in September. The company is amendment. I therefore ask unanimous fied, was agreed to. negotiating with the Army for slightly consent to lay aside the pending Mr. COCHRAN. Mr. President, I move higher levels of production for June, amendment so I may call up amend- to reconsider the vote and I move to July, and August, but it still expects to ment No. 368, as modified, and ask lay that motion on the table. decrease production to 71 by Sep- unanimous consent this amendment be The motion to lay on the table was tember. agreed to. The PRESIDING OFFICER. The time adopted. Senator BROWNBACK, Senator The PRESIDING OFFICER. The Sen- of the Senator has expired. Mr. KENNEDY. I will take another DEWINE, and others are on this amend- ator from Idaho. minute. ment as well, which is funding for the Mr. CRAIG. Mr. President, I ask We cannot let the Department of De- Darfur peacekeeping operations as well unanimous consent to offer an amend- fense get it wrong for the tenth time. as disaster assistance. ment. For the sake of our troops we need to The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there get it right. ator from Kansas. objection? I ask unanimous consent to have Mr. BROWNBACK. Mr. President, this is an amendment we worked on for Mr. KENNEDY. Reserving the right printed in the RECORD a letter from the a long time, a Darfur amendment, $50 to object, I do not intend to object, but Department of Defense to Senator I thought we had a brief time for dis- INOUYE that says: million for peacekeepers, $40 million for food aid. It was agreed to but not in cussion of this amendment. That is To sustain production at the maximum ca- what I heard the unanimous consent pacity through the end of FY05, the Army the managers’ package last night. We do ask unanimous consent this be agreement was, for 15 minutes. That is would need an additional funding of approxi- what I thought we were going to debate mately $213 million. brought up and we will be asking for a There being no objection, the mate- voice vote on it. It has broad bipartisan and vote on at a quarter of. That is the rial was ordered to be printed in the support. only reason I raise this objection be- RECORD, as follows: The PRESIDING OFFICER. The Sen- cause there was a unanimous consent. If the Senator wants to complete a DEPARTMENT OF THE ARMY, OFFICE ator from Ohio. OF THE DEPUTY CHIEF OF STAFF, Mr. DEWINE. Mr. President, this is brief unanimous consent request, I will G–3/5/7, an amendment that will clearly save not object, but I hope if there are argu- Washington, DC. lives. It is the right thing to do and I ments against this amendment, we will Hon. DANIEL K. INOUYE, join my colleagues in asking it be be able to hear them. We are prepared Ranking Minority Member, Subcommittee on passed. to put some more arguments out there Defense, Committee on Appropriations, U.S. The PRESIDING OFFICER. Is there on the table. Senate, Washington, DC. DEAR SENATOR INOUYE: Greatly appreciate objection? The Senator from Mis- Mr. CRAIG. I appreciate the concern your outstanding support as you work your sissippi. of the Senator. I believe the amend- way through the FY05 supplemental request. Mr. COCHRAN. Mr. President, we ment I am sending to the desk has been Understand you are receiving several inquir- have no objection to the amendment agreed to on both sides. There is a sec- ies regarding Up-Armored HMMWVs (UAH). being called up. We have discussed the ond degree. We should be able to move To lend clarity to Army requirements for the amendment with the Senator from New very quickly through it. UAH in support of the Global War on Ter- Jersey and the Senators from Kansas Mr. KENNEDY. I have no objection. rorism (GWOT), we provide the following in- and Ohio. We have no objection to pro- formation. AMENDMENT NO. 564 The current GWOT requirement for UAH is ceeding to consider the amendment. Mr. CORZINE. I ask for the yeas and Mr. CRAIG. I send an amendment to 10,079. The amount already appropriated and the desk. supported in reprogramming actions funds nays. 4,528 UAHs in FY05 enabling the Army to Mr. COCHRAN. We are not going to The PRESIDING OFFICER. The meet the 10,079 requirement in June 05 with join that request. clerk will report. no additional funding. The PRESIDING OFFICER. The The legislative clerk read as follows: We currently are producing at the manu- clerk will report the amendment. The Senator from Idaho [Mr. CRAIG] for facturer’s maximum capacity of 550 per The bill clerk read as follows: himself and Mr. AKAKA, proposes an amend- month. This will continue through June 05, The Senator from New Jersey [Mr. ment numbered 564. at which time production rates will decline. CORZINE] for himself, Mr. DEWINE, Mr. To sustain production at the maximum ca- BROWNBACK, Mr. DURBIN, Mr. LEAHY, and Mr. Mr. CRAIG. I ask unanimous consent pacity through the end of FY05, the Army OBAMA, proposes an amendment numbered the reading of the amendment be dis- would need additional funding of approxi- 368, as modified. pensed with. mately $213 million; however, this sum is not The PRESIDING OFFICER. Without necessary to address the extant requirement. Mr. COCHRAN. I ask unanimous con- Thank you very much for your hard work sent the reading of the amendment be objection, it is so ordered. and fast action on the supplemental bill. dispensed with. The amendment is as follows:

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4081 (Purpose: To amend title 38, United States jury, except, if the loss is quadriplegia, para- ‘‘(f) The Secretary of Defense shall certify Code, to provide a traumatic injury protec- plegia, or hemiplegia, the member suffers whether any member claiming the benefit tion rider to servicemembers insured under the loss not later than 365 days after sus- under this section is eligible. section 1967(a)(1) of such title) taining the traumatic injury. ‘‘(g) Payment for a loss resulting from At the appropriate place, insert the fol- ‘‘(d) Payments under this section for losses traumatic injury will not be made if the lowing: described in subsection (b)(1) shall be— member dies before the end of the period pre- SEC. ll. TRAUMATIC INJURY PROTECTION. ‘‘(1) made in accordance with a schedule scribed by the Secretary, in collaboration (a) IN GENERAL.—Subchapter III of chapter prescribed by the Secretary, in collaboration with the Secretary of Defense, which begins 19, Title 38, United States Code, is amended— with the Secretary of Defense; on the date on which the member sustains (1) in section 1965, by adding at the end the ‘‘(2) based on the severity of the covered the injury. If the member dies before pay- following: condition; and ment to the member can be made, the pay- ‘‘(11) The term ‘activities of daily living’ ‘‘(3) in an amount that is equal to not less ment will be made according to the mem- means the inability to independently per- than $25,000 and not more than $100,000. ber’s most current beneficiary designation form 2 of the 6 following functions: ‘‘(e)(1) During any period in which a mem- under Servicemembers’ Group Life Insur- ‘‘(A) Bathing. ber is insured under this section and the ance, or a by law designation, if applicable. ‘‘(B) Continence. member is on active duty, there shall be de- ‘‘(h) Coverage for loss resulting from trau- ‘‘(C) Dressing. ducted each month from the member’s basic matic injury provided under this section ‘‘(D) Eating. or other pay until separation or release from shall cease at midnight on the date of the ‘‘(E) Toileting. active duty an amount determined by the member’s separation from the uniformed ‘‘(F) Transferring.’’; and Secretary of Veterans Affairs as the pre- service. Payment will not be made for any (2) by adding at the end the following: mium allocable to the pay period for pro- loss resulting from injury incurred after the viding traumatic injury protection under date a member is separated from the uni- ‘‘§ 1980A. Traumatic injury protection this section (which shall be the same for all formed services. ‘‘(a) A member who is insured under sub- such members) as the share of the cost at- ‘‘(i) Insurance coverage provided under this paragraph (A)(i), (B), or (C)(i) of section tributable to provided coverage under this section is not convertible to Veterans’ Group 1967(a)(1) shall automatically be issued a section, less any costs traceable to the extra Life Insurance.’’. traumatic injury protection rider that will hazards of such duty in the uniformed serv- (b) CLERICAL AMENDMENT.—The table of provide for a payment not to exceed $100,000 ices. sections for chapter 19 of title 38, United if the member, while so insured, sustains a ‘‘(2) During any month in which a member States Code, is amended by adding after the traumatic injury that results in a loss de- is assigned to the Ready Reserve of a uni- item relating to section 1980 the following: scribed in subsection (b)(1). The maximum formed service under conditions which meet ‘‘1980A. Traumatic injury protection.’’. amount payable for all injuries resulting the qualifications set forth in section (c) EFFECTIVE DATE.— from the same traumatic event shall be lim- 1965(5)(B) of this title and is insured under a (1) IN GENERAL.—The amendments made by ited to $100,000. If a member suffers more policy of insurance purchased by the Sec- this section shall take effect on the first day than 1 such loss as a result of traumatic in- retary of Veterans Affairs under section 1966 of the first month beginning more than 180 jury, payment will be made in accordance of this title, there shall be contributed from days after the date of enactment of this Act. with the schedule in subsection (d) for the the appropriation made for active duty pay (2) RULEMAKING.—Before the effective date single loss providing the highest payment. of the uniformed service concerned an described in paragraph (1), the Secretary of ‘‘(b)(1) A member who is issued a traumatic amount determined by the Secretary of Vet- Veterans Affairs, in collaboration with the injury protection rider under subsection (a) erans Affairs (which shall be the same for all Secretary of Defense, shall issue regulations is insured against such traumatic injuries, as such members) as the share of the cost at- to carry out the amendments made by this prescribed by the Secretary, in collaboration tributable to provided coverage under this section. with the Secretary of Defense, including, but section, less any costs traceable to the extra AMENDMENT NO. 551 TO AMENDMENT NO. 564 not limited to— hazards of such duty in the uniformed serv- ‘‘(A) total and permanent loss of sight; ices. Any amounts so contributed on behalf The PRESIDING OFFICER. The Sen- ‘‘(B) loss of a hand or foot by severance at of any member shall be collected by the Sec- ator from Ohio. or above the wrist or ankle; retary of the concerned service from such Mr. DEWINE. I have a second-degree ‘‘(C) total and permanent loss of speech; member (by deduction from pay or other- amendment at the desk. ‘‘(D) total and permanent loss of hearing in wise) and shall be credited to the appropria- The PRESIDING OFFICER. The both ears; tion from which such contribution was made clerk will report the second-degree ‘‘(E) loss of thumb and index finger of the in advance on a monthly basis. amendment. same hand by severance at or above the ‘‘(3) The Secretary of Veterans Affairs The legislative clerk read as follows: metacarpophalangeal joints; shall determine the premium amounts to be The Senator from Ohio [Mr. DEWINE] pro- ‘‘(F) quadriplegia, paraplegia, or hemi- charged for traumatic injury protection cov- poses an amendment numbered 551 to amend- plegia; erage provided under this section. ‘‘(G) burns greater than second degree, cov- ‘‘(4) The premium amounts shall be deter- ment No. 564. ering 30 percent of the body or 30 percent of mined on the basis of sound actuarial prin- Mr. DEWINE. I ask unanimous con- the face; and ciples and shall include an amount necessary sent the reading of the amendment be ‘‘(H) coma or the inability to carry out the to cover the administrative costs to the in- dispensed with. activities of daily living resulting from trau- surer or insurers providing such insurance. The PRESIDING OFFICER. Without matic injury to the brain. ‘‘(5) Each premium rate for the first policy objection, it is so ordered. ‘‘(2) For purposes of this subsection— year shall be continued for subsequent policy The amendment is as follows: ‘‘(A) the term ‘quadriplegia’ means the years, except that the rate may be adjusted complete and irreversible paralysis of all 4 for any such subsequent policy year on the (Purpose: To make the traumatic injury in- limbs; basis of the experience under the policy, as surance provision retroactive for ‘‘(B) the term ‘paraplegia’ means the com- determined by the Secretary of Veterans Af- servicemembers injured in Iraq) plete and irreversible paralysis of both lower fairs in advance of that policy year. On page 8, line 16, strike ‘‘(c)’’ and insert limbs; and ‘‘(6) The cost attributable to insuring such the following: ‘‘(C) the term ‘hemiplegia’ means the com- member under this section, less the pre- (c) RETROACTIVE PROVISION.— plete and irreversible paralysis of the upper miums deducted from the pay of the mem- (1) IN GENERAL.—Any member who experi- and lower limbs on 1 side of the body. ber’s uniformed service, shall be paid by the enced a traumatic injury (as described in ‘‘(3) The Secretary, in collaboration with Secretary of Defense to the Secretary of Vet- section 1980A(b)(1) of title 38, United States the Secretary of Defense, shall prescribe, by erans Affairs. This amount shall be paid on a Code) between October 7, 2001, and the effec- regulation, the conditions under which cov- monthly basis, and shall be due within 10 tive date under subsection (d), is eligible for erage against loss will not be provided. days of the notice provided by the Secretary coverage provided in such section 1980A if ‘‘(c) A payment under this section may be of Veterans Affairs to the Secretary of the the qualifying loss was a direct result of in- made only if— concerned uniformed service. juries incurred in Operation Enduring Free- ‘‘(1) the member is insured under ‘‘(7) The Secretary of Defense shall provide dom or Operation Iraqi Freedom. Servicemembers’ Group Life Insurance when the amount of appropriations required to pay (2) CERTIFICATION; PAYMENT.—The Sec- the traumatic injury is sustained; expected claims in a policy year, as deter- retary of Defense shall— ‘‘(2) the loss results directly from that mined according to sound actuarial prin- (A) certify to the Office of traumatic injury and from no other cause; ciples by the Secretary of Veterans Affairs. Servicemembers’ Group Life Insurance the and ‘‘(8) The Secretary of Defense shall forward names and addresses of those members the ‘‘(3) the member suffers the loss before the an amount to the Secretary of Veterans Af- Secretary of Defense determines to be eligi- end of the period prescribed by the Sec- fairs that is equivalent to half the antici- ble for retroactive traumatic injury benefits retary, in collaboration with the Secretary pated cost of claims for the current fiscal under such section 1980A; and of Defense, which begins on the date on year, upon the effective date of this legisla- (B) forward to the Secretary of Veterans which the member sustains the traumatic in- tion. Affairs, at the time the certification is made

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4082 CONGRESSIONAL RECORD — SENATE April 21, 2005 under subparagraph (A), an amount of money existing Servicemembers’ Group Life Jim Nicholson, Deputy Secretary of equal to the amount the Secretary of De- Insurance Program. The traumatic in- Defense Paul Wolfowitz, and their fense determines to be necessary to pay all surance would provide coverage for se- staffs, who provided invaluable tech- cost related to claims for retroactive bene- verely disabling conditions at a cost of nical support in the drafting of this fits under such section 1980A. (d) approximately $1 a month for partici- amendment. pating servicemembers. The payment And most importantly, I want to The PRESIDING OFFICER. Is there for those suffering a severe disability thank my partner in this effort, the further debate on the second-degree would be immediate and would range Committee’s ranking member, Senator amendment? If not, the question is on from $25,000 to a maximum of $100,000. DANIEL K. AKAKA. I thank him for co- agreeing to the amendment. The purpose of the immediate payment sponsoring the amendment, and I The amendment (No. 551) was agreed would be to give injured servicemem- thank him for joining me in a spirit of to. bers and their families the financial bipartisanship as we seek to serve vet- AMENDMENT NO. 564, AS AMENDED cushion they need to sustain them be- erans together. Mr. CRAIG. Mr. President, prior to a fore their medical discharge from serv- The supplemental already would vote on the amendment as amended, I ice when veterans’ benefits would kick make substantial improvements to would like to speak for up to 3 min- in. benefits provided to survivors of those utes. The traumatic injuries covered under killed in the line of duty. I applaud I have sought recognition to com- my amendment include: total and per- those efforts. But I also remind my col- ment on an amendment I have offered manent loss of sight; loss of hands or leagues that we must be vigilant in our to address a tremendous gap in cov- feet; total and permanent loss of care for those who are still fighting to erage that exists in our treatment of speech; total and permanent loss of regain the normalcy of the lives they the soldiers, sailors, marines, and air- hearing; quadriplegia; paraplegia; enjoyed prior to sustaining cata- men, who are fighting for our country. burns greater than second degree, cov- strophic injuries in defense of our free- My amendment addresses that cov- ering 30 percent of the body or face; dom. I ask for your support. erage gap through the creation of a and certain traumatic brain injuries. Mr. OBAMA. Mr. President, I speak new ‘‘Traumatic Injury Protection’’ in- The cost of the amendment is en- in favor of the amendment offered by surance program for the benefit of se- tirely reasonable given the cause. In- the distinguished chairman and rank- verely disabled servicemembers. But formal CBO estimates put the FY2006 ing member of the Veterans Affairs before I describe my amendment, let cost at $10 million. A very small price Committee. me further discuss the nature of the to pay to meet the needs of these A few weeks ago, I met with Ser- problem my amendment would attend wounded warriors. geants Ryan Kelly, Jeremy Feldbusch, to. I cannot take credit for the idea be- and Heath Calhoun, all of whom had re- It is widely known that due to in- hind this amendment. The credit must cently returned from Iraq. They served credible advances in medicine, service- go to disabled veterans of the Wounded their country bravely in battle, and in members who may not have survived Warrior Project, run under the aegis of doing so, each of these men sustained a life-threatening injuries in previous the United Spinal Association. Three disabling injury that will change their wars are now making it back home Wounded Warrior veterans of the Iraq lives forever. When they came home, it would have from Iraq and Afghanistan alive. That war visited my office last week to dis- been easy for them to go about their is the good news. The bad news, how- cuss the need to provide this type of an own business or feel sorry for them- ever, is that they must live with inju- insurance benefit. One veteran, former selves. ries that may have left them without Army SSG Heath Calhoun, had both of But they did not. Instead, they de- their limbs, sight, hearing, speech, or his legs amputated after being struck cided that their service to our country ability to even move. during a rocket propelled grenade at- would not end on the battlefields of All of my colleagues have likely met tack in Iraq. Heath and his wife, Tif- Iraq. They would speak out for their with these brave men and women in fany, who was present with him in my fellow soldiers—the ones who also may their home States, or right here in office, described the financial problems come home without a leg, or an arm, or Washington, DC, at the Walter Reed they endured after Tiffany quit her job their sight, but may not have the re- Army Medical Center. They are fight- to be with Heath during his convales- sources to carry on and support their ing for their lives. They are attempting cence. It took over a year before Heath families. to learn through physical and occupa- was medically discharged from service. This amendment is their tribute to tional therapy how to reintegrate back While the Calhoun family was able to their brothers and sisters-in-arms. into society. Needless to say, relearn- make it through that extremely trying For only about $3 per month, it al- ing things I and my colleagues take for period, Heath told me he was adamant lows service members to purchase granted every day—how to walk, how that other servicemembers in Iraq group disability insurance that would to read, how to simply make breakfast should not have to worry about fi- award them a maximum of $100,000 if in the morning—can take months or, nances should they, too, be injured. they are deemed seriously injured. For quite possibly, years. The quickest way to accomplish that, disabled veterans who may not be able It is during this rehabilitation period he told me, was to add a disability in- to work when they come home, this in- at military hospitals that the need for surance rider—financed by service- surance could help them obtain long- additional financial resources is most members through monthly premium term care, send their kids to school, or acute. For many Guard and Reserve deductions—to the existing life insur- simply make sure that they can pay members at Walter Reed, they already ance program. I am honored to sponsor the bills and still put food on the table. have foregone higher paying civilian this amendment in the Senate on his, It won’t cost the Government a dime. jobs prior to their deployment. and the other veterans of the Wounded It simply needs our approval to allow it Lengthy recovery periods simply add Warrior Project’s, behalf. I would also to happen. to the financial strain they bear. In ad- like to personally complement Ryan The blessings of modern technology dition, family members of injured sol- Kelly, who also visited me last week. have saved the lives of many service diers bear the burdens necessary to Mr. Kelly lost his right leg during an members who would otherwise have travel from great distances to provide ambush near Baghdad almost 21 died from their wounds. Yet, it also the love and emotional support that is months ago. I am told he was a prin- means there will be more wounded who absolutely essential for any successful cipal author of the draft legislation need care. Every single one of us has a rehabilitation. Spouses quit jobs to that culminated in the amendment I fundamental moral duty to take care spend time with their husbands at the offer today. I thank him for his fine of those men and women who’ve sac- hospital. Parents spare no expense to work. rificed to safeguard our freedom. This be with their injured children. I also want to thank President Bush amendment offers us one way to do To meet these needs, my amendment and his top administration officials for that, and I thank Senators CRAIG and would create a ‘‘Traumatic Injury Pro- lending their support to this amend- AKAKA for their cooperation in moving tection’’ insurance rider as part of the ment. Secretary of Veterans Affairs this issue forward.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4083 Mr. AKAKA. Mr. President, I am THE COURAGE OF SENATOR in the Senate. I thank him and I thank pleased to support this important and INOUYE the Senator from Nevada. timely amendment. Mr. REID. Mr. President, we all have I yield the floor. This amendment will go far to ease the good fortune of serving in this body The PRESIDING OFFICER. Who the financial burden that is placed on a with some outstanding men and yields time? service member and his or her loved women, but I don’t think it is an exag- The Senator from Massachusetts. ones as a result of traumatic injury. geration to say DAN INOUYE is a step Between $25,000 and $100,000 will be paid above us all. He is a man for whom I Mr. KENNEDY. I don’t know how the to service members who suffer such in- have the greatest admiration, for many time is allocated, but I will take 2 or 3 juries based on severity of injury. different reasons. minutes. Service members and their families Sixty years ago today, on April 21, The PRESIDING OFFICER. There is face heavy financial burdens while hos- 1945, DAN INOUYE paid an incredible 2 minutes 39 seconds. pitalized, and prior to being medically price protecting the freedom of our AMENDMENT NO. 520 discharged from the military. This ef- country and the people of the world. fort will help lessen the burden that ex- Senator DANIEL K. INOUYE showed dur- Mr. KENNEDY. Mr. President, from ists on service members and their fami- ing World War II what kind of a man he April of this year, 2005, the GAO report. lies before VA benefits kick in. is. There are two primary causes for the shortages of up-armored vehicles and Importantly, to qualify for this nec- He was born to Japanese immigrant add-on armor kits: First, a decision essary benefit, our soldiers, sailors, air- parents in Honolulu. He witnessed the was made to pace production rather men, and marines do not have to do bombing of Pearl Harbor when he was than use the maximum available ca- any additional paperwork. They are 17 years old. But he did not stand by. pacity; two, funding allocations did not automatically enrolled in this program He rushed in, provided aid to American keep up with rapidly increasing re- by virtue of being a participant in the troops. This was the beginning of his quirements. Servicemembers’ Group Life Insurance service to our country. Program. I will read now from his Medal of Army officials have not identified Honor citation which was received for any long-term effort to improve the The insurance premium will cost the actions this day 60 years ago, when service member approximately $1 a availability of up-armored Humvees or Senator INOUYE and his men were in add-on armor kits. month and will be determined by the Italy, trying to capture a key moun- The Department of the Army itself Secretary of Veterans Affairs. tain ridge. This insurance policy is meant to The citation reads: says now we are currently producing the 550, they will continue through supplement, and not take the place of, With complete disregard for his personal existing DoD and VA benefits. This safety, Second Lieutenant Inouye crawled up June 2005, at which the production amendment is intended to fill a gap: as- the treacherous slope to within five yards of rates decline. To sustain production at sistance to service members and their the nearest machine gun and hurled two gre- the maximum capacity, the Army families during recovery from a trau- nades, destroying the emplacement. Before would need funding at 213. That is ex- matic injury. In no way should anyone the enemy could retaliate, he stood up and actly what ours does. view this as a precedence for shifting neutralized a second machine gun nest. Al- If we did not include that, we see the though wounded by a sniper’s bullet, he con- costs to a service member. tinued to engage other hostile positions at dramatic production in the capacity The PRESIDING OFFICER. Is there close range until an exploding grenade shat- and in the development of that. further debate? If not, the question is tered his right arm. Despite the intense pain, Why are we doing that? Nine times on agreeing to the amendment. he refused evacuation and continued to di- the Army appeared before the Armed The amendment (No. 564), as amend- rect his platoon until enemy resistance was Services Committee; nine times they broken and his men were again deployed in ed, was agreed to. defensive positions. underestimated the needs. Mr. COCHRAN. Mr. President, I move Senator INOUYE lost his arm and re- A third of the 35 of the young men to reconsider the vote. ceived other grievous wounds that day from my State of Massachusetts have Mr. CRAIG. I move to lay that mo- defending our freedom. It tells us some- lost their lives because of the lack of tion on the table. thing about this man, his courage and up-armor. The motion to lay on the table was his heroism. All we are asking, take it to the con- agreed to. We serve with him every day. He is ference, 230. The House of Representa- The PRESIDING OFFICER. The Sen- quiet, unassuming, but he is a real tives saw that. Why doesn’t the Senate ator from Idaho. hero. He refused to let anything hold of the United States? I hope we would Mr. CRAIG. I thank the Senator from him back, in spite of his serious inju- have support for that amendment and Massachusetts for his consideration, ries, spending years in the hospital. let them work it out in the conference. most importantly the chairman of the Following that war, he went to the Let’s make sure we are going to do full Appropriations Committee for his University of Hawaii, George Wash- what needs to be done. We have seen cooperation, the chairman of the ington School of Law. He was elected the mistakes of the past. Let’s not Armed Services Committee for his un- to the House of Representatives, and make another one today. derstanding and work with his staff. As now is the third most senior Member of Mr. COCHRAN. How much time re- chairman of the Veterans’ Affairs Com- the Senate. Throughout his life and his mains under the order? service, DAN INOUYE has proven himself mittee, this was truly a team effort. The PRESIDING OFFICER. The Sen- a man of courage. Working with my colleague from Ohio, 1 I am, with all Members in this Sen- ator from Mississippi has 2 ⁄2 minutes. Senator DEWINE, we have accomplished ate, Democrats and Republicans, proud That is all the time that is available. something for America’s veterans, es- Mr. COCHRAN. I reserve the remain- pecially those very traumatically in- to call him a friend and a colleague. He gave so much to our country so long der of my time and I suggest the ab- jured, that I think is critical and nec- sence of a quorum. essary. ago but to this day he keeps on giving. We could all learn a lesson from this The PRESIDING OFFICER. The I yield the floor. great American. clerk will call the roll. Mr. REID. Mr. President, I will speak Mr. WARNER. I wish to commend briefly. If this time is taken from the The bill clerk proceeded to call the the distinguished Senator for those re- roll. time scheduled for a vote at 3:45, I ask marks. I humbly ask the privilege of unanimous consent whatever time I being associated with the remarks he Mr. COCHRAN. Mr. President, I ask use extend the vote that amount of made. unanimous consent that the order for time. Senator INOUYE has been one of the the quorum call be rescinded. The PRESIDING OFFICER. Without most extraordinary leaders I have had The PRESIDING OFFICER. Without objection, it is so ordered. the privilege to serve with in my career objection, it is so ordered.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4084 CONGRESSIONAL RECORD — SENATE April 21, 2005 EXECUTIVE SESSION AMENDMENT NO. 487 agents. Our security depends on it. But Mr. ENSIGN. Mr. President, I yield it will take more than simply hiring back my time on the amendment. agents. Congress needs to increase NOMINATION OF JOHN D. The PRESIDING OFFICER. All time funding for training and equipment. I NEGROPONTE TO BE DIRECTOR is yielded back. hope we will remember this during the OF NATIONAL INTELLIGENCE— The question is on agreeing to the regular appropriations process. Continued amendment. We cannot wait another year to im- The PRESIDING OFFICER. Under The amendment (No. 487) was agreed prove our border security. This is an the previous order, the Senate will re- to. emergency. The amendment that I am sume executive session and proceed to Mr. COCHRAN. I move to reconsider offering will put new agents on the a vote on the nomination, which the the vote and I move to lay that motion ground in the next few months. clerk will report. on the table. My amendment begins to fulfill the The legislative clerk read the nomi- The motion to lay on the table was commitment Congress made last year. nation of John D. Negroponte, of New agreed to. It provides $147 million to hire and York, to be Director of National Intel- Mr. ENSIGN. Mr. President, in the train 400 new border patrol agents by ligence. decade before 9/11, al Qaeda studied October; 400 new agents is the max- Mr. COCHRAN. I ask for the yeas and how to exploit gaps and weaknesses in imum number of new agents that the nays. the borders of the United States. Department of Homeland Security can The PRESIDING OFFICER. Is there a A few months ago, intelligence offi- train before the end of this fiscal year. sufficient second? cials confirmed that the terrorist My amendment does not require any There is a sufficient second. Zarqawi plans to infiltrate America new spending. It is completely offset. The question is, Will the Senate ad- through our borders. He plans to at- The 9/11 Commission found that vise and consent to the nomination of tack targets such as movie theaters, many of the 19 hijackers could have John D. Negroponte, of New York, to restaurants, and schools. been placed on watch lists. They were be Director of National Intelligence? A year-long investigation recently vulnerable to detection by border au- The yeas and nays have been ordered. concluded with authorities arresting 18 thorities. Without adequate staff and The clerk will call the roll. people who planned to smuggle grenade coordinated efforts, the terrorists were The legislative clerk called the roll. launchers, shoulder-fired missiles, and allowed to enter the United States. The result was announced—yeas 98, other Russian military weapons into Once here they learned how to fly air- nays 2, as follows: our country. planes at American flight schools. [Rollcall Vote No. 107 Ex.] Let’s face it—the dual threat of ille- They conducted surveillance to assess YEAS—98 gal border crossing by people who wish our weaknesses. And they attacked. In order to prevent another terrorist Akaka Dodd Martinez to kill us and the weapons they need to attack on American soil, we must im- Alexander Dole McCain do it is very real. Allard Domenici McConnell prove every aspect of our nation’s secu- We are not dealing with rational peo- Allen Dorgan Mikulski rity. Our security is truly only as Baucus Durbin Murkowski ple. We are not dealing with people who Bayh Ensign strong as our weakest link. Murray respect life or freedom. It would be ir- For too long, the lack of funding for Bennett Enzi Nelson (FL) responsible to sit idly by and not treat Biden Feingold border agents has been a weak link. By Nelson (NE) these threats seriously. We must con- Bingaman Feinstein Obama funding additional agents, we protect Bond Frist Pryor tinue to be diligent in our fight to de- both our southern and our, often ne- Boxer Graham Reed feat terror and protect our homeland. Brownback Grassley Reid glected, northern border. This will Bunning Gregg Before 9/11, INS had only 9,800 border Roberts make it harder for terrorists to enter Burns Hagel patrol agents. With the agency focused Rockefeller the United States and attack us. Burr Hatch Salazar on immigration and narcotics, no Byrd Hutchison The world has changed dramatically Santorum Cantwell Inhofe major counterterrorism effort was un- since 9/11 when the terrorists used our Carper Inouye Sarbanes derway. open and trusting society against us. Chafee Isakson Schumer More than 3 years after the dev- Sessions We can not allow a repeat of that trag- Chambliss Jeffords astating terrorist attacks, the men and Clinton Johnson Shelby edy. This amendment will help those Coburn Kennedy Smith women who serve on the border’s front- who guard our frontiers by providing Cochran Kerry Snowe line of defense are still overwhelmed. necessary tools to ensure the safety of Coleman Kohl Specter The Commissioner of the U.S. Customs Collins Kyl Stabenow our citizens. Conrad Landrieu Stevens and Border Protection has admitted AMENDMENT NO. 520 Cornyn Lautenberg Sununu they need more agents. The PRESIDING OFFICER. There Talent Corzine Leahy Our agents catch only about one- will now be 2 minutes of debate equally Craig Levin Thomas third of the estimated 3 million people Crapo Lieberman Thune divided on Bayh amendment No. 520. Dayton Lincoln Vitter who cross the border illegally each Mr. WARNER. Mr. President, I had DeMint Lott Voinovich year. Three and half years ago it only the opportunity to speak to the distin- DeWine Lugar Warner took 19 to change the course of this guished Senator from Alaska, Mr. STE- NAYS—2 country. VENS, and I know he was anxious to ad- Harkin Wyden The 9/11 Commission addressed this dress the Senate with regard to his de- very problem. They recommended ban- The nomination was confirmed. sire to obtain time to speak in opposi- The PRESIDING OFFICER. Under ning terrorists from traveling to our tion to the Bayh amendment. Might I the previous order, the President shall country. This is exactly what my ask, what is the parliamentary situa- be immediately notified of the Senate’s amendment attempts to accomplish. tion with regard to that? Hopefully, we action. We must commit resources to block can see the appearance of the Senator terrorists who attempt to enter our f from Alaska. country. Last year, I sponsored an The PRESIDING OFFICER (Mr. LEGISLATIVE SESSION amendment to the National Intel- CHAFEE). Under the previous order, The PRESIDING OFFICER. The Sen- ligence Reform Act that authorized the there are 2 minutes equally divided ate will now return to legislative ses- hiring of 10,000 new agents to patrol prior to the vote on the Bayh amend- sion. our borders over the next 5 years. And ment. f last month, the Senate approved a Mr. WARNER. Will the Chair kindly Budget which funded the hiring and repeat that? EMERGENCY SUPPLEMENTAL AP- training of 2,000 new border patrol The PRESIDING OFFICER. There PROPRIATIONS ACT, 2005—Contin- agents next year. are 2 minutes evenly divided prior to ued Border security requires a serious the vote on the Bayh amendment. The PRESIDING OFFICER. The Sen- commitment by Congress. There is no Mr. WARNER. Mr. President, on be- ator from Nevada is recognized. question that we need to hire new half of the senior Senator from Alaska,

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4085 I ask that an additional 10 minutes be There is no need for this. The sponsors The PRESIDING OFFICER. The Sen- allocated to the senior Senator from want you to believe the Army wants ator from Massachusetts. Alaska. and needs these, but that is not true. Mr. KENNEDY. Mr. President, point The PRESIDING OFFICER. The Sen- The Army’s requirement will be met in No. 1, this is additional money. Point ator from Massachusetts. June, and we have provided some No. 2, the House of Representatives Mr. KENNEDY. Mr. President, do I money for all of them. In Iraq, we are added $233 million. Why? For the very understand currently there are 2 min- meeting the requirements of the com- reason that was in this letter from the utes to be equally divided, and now the manders in the field, and they have Department of the Army that says ‘‘to Senator from Virginia has asked for 10 certified to that. sustain production at the maximum ca- minutes for one side on this debate? I The additional funding of this pacity through the end of fiscal year have no objection, obviously, to what- amendment was not requested by the 2005, the Army would need the addi- ever time the Senator from Alaska Department, and the commanders are tional funding of approximately $213 wants. I object unless those of us who receiving other vehicles now, for in- million.’’ That is what the Department have a differing view have an oppor- stance, the Striker, which is a different of Defense says it needs. That is what tunity to express ourselves. system and is providing more protec- the House has done. Mr. WARNER. I misunderstood. I tion for the people in the field. They With all respect to the estimates thought the senior Senator from Mas- are going in there now. that have been made, under the current sachusetts and his colleague from Indi- Some people argue the need for these request, the Department of Defense has ana had adequate opportunity to is going up. That is not true. The need testified nine times at the Armed Serv- speak. I am perfectly willing to ask for for Strikers is going up, and we are ices Committee in terms of the needs 15 minutes equally divided between the sending Strikers in from Germany, of uparmored humvees. Every time senior Senator from Massachusetts and from Hawaii, from Alaska, from Se- they have been wrong. That is not just the senior Senator from Alaska. attle. We are meeting the needs they me talking. That is the GAO. This The PRESIDING OFFICER. Without demanded, and that is for the Strikers. April, a GAO report says there are two objection, it is so ordered. This requirement is not increasing primary causes for the shortages— Mr. KENNEDY. Mr. President, I sug- with the continued operations in Iraq. shortages, that is the GAO, shortages— A major difference now is, after Feb- gest the absence of a quorum, with the of the uparmored vehicles and add-on ruary of this year, all vehicles oper- time to be equally divided. kits. One, a decision was made to pace ating outside the protective compound The PRESIDING OFFICER. Without production rather than use the max- are armored, and we have met that imum available capacity and, secondly, objection, the clerk will call the roll. need. The assistant legislative clerk pro- funding allocations did not keep up This is an emergency appropriations rapidly with increasing requirements. ceeded to call the roll. bill. I believe we should focus on the Mr. STEVENS. Mr. President, I ask That is the GAO in April of this year. needs of validated requirements of the ‘‘Army officials have not identified any unanimous consent that the order for Department for the total global war, the quorum call be rescinded. long-term efforts to improve the avail- but this is not one of them. ability of uparmored humvees.’’ That is The PRESIDING OFFICER. Without I urge my colleagues to vote ‘‘no’’ on objection, it is so ordered. the GAO. this amendment. I yield to my friend, The House took it. The GAO says it Mr. STEVENS. Mr. President, I op- the chairman of the Armed Services pose the Bayh-Kennedy amendment on is necessary. The Department of De- Committee, so he might be heard on fense says so, too. Let us just include the uparmored humvees. The validated the matter. I thank the Chair. that and not leave the men and women global war on terror requirement for The PRESIDING OFFICER. The Sen- this is 10,079. I do hope the Senate will ator from Virginia. who need the uparmored Humvees at listen. This is very serious. Mr. WARNER. Mr. President, first, I risk in dangerous places around the We received a letter last week from commend Senators KENNEDY and BAYH. world. two senior Army general officers, the They have really fought the battle Mr. DOMENICI. Would the Senator Army’s G–8 Deputy Chief of Staff for through the years, and it has been yield for a question? Mr. KENNEDY. How much time is re- Programs and the Army’s G–3 Deputy since fiscal year 2003 we have been maining? I believe I have used my Chief of Staff for Operations and Plans, dealing with the need for the uparmor. time. which states the total requirement for As my colleague from Alaska said, The PRESIDING OFFICER. There is these vehicles is 10,079 and that indus- and I add this, from fiscal year 2003 to 5 minutes remaining. try will meet that requirement in less 2005, the Congress added—that is addi- tional funds—added $1.2 billion to the Mr. DOMENICI. I ask for 10 seconds. than 2 months with funds previously I ask the Senator, is this the first President’s request to increase provided. time the Senator from Massachusetts uparmored humvee production, and al- Keep in mind the pre-emergency has been for something that the Repub- throughput of these vehicles was 40 a most $1.9 billion was added to the President’s budget request to increase lican House of Representatives is for? month. We are now producing at the Mr. KENNEDY. That is a good ques- the production of ballistic add-on rate of 550 a month, and we will reach tion. I think I can think back and armor for tactical-wheeled vehicles in the maximum in June because we paid maybe find one. I will think back and more to speed up this production. the Army and the Marine Corps. I think we have clearly met the de- find one. Saint Patrick’s Day address. We appropriated funds and repro- The PRESIDING OFFICER. The Sen- grammed to meet the total require- mand, and it is largely owing to these two Senators who have been out on the ator from Indiana. ment. We have now met it. As a matter Mr. BAYH. Mr. President, with ref- point on this issue. But right now these of fact, we produced 266 more vehicles erence to the House, I say to our col- additional funds, I say to my colleague than the Army wanted. This amend- from Alaska, if the Senate were to ap- league from New Mexico with reference ment is not about taking care of prove the amendment, would have to to the House, even a broken clock is troops. I spent my career, and the Sen- be taken out of other modernization right twice a day. So there is a first ator from Hawaii with me, to ensure programs for the Army; am I not cor- time for everything. the service men and women have the rect? It is rare that this body votes on a equipment they need, the support they Mr. STEVENS. Mr. President, that is matter that will affect the life and need. This is about the production unit correct. This money comes out of this limbs of soldiers fighting as we speak of a defense contractor, not about the supplemental for these purposes which in a theater of war. Now is such a time. people who are wearing the uniform in is beyond the needs on this vehicle and As my colleague, Senator KENNEDY, Iraq. reduce the amount of money for other mentioned, the Army has chronically This manufacturer is currently pro- items that are needed. underestimated the need for uparmored ducing these at the capacity, as I said, Mr. WARNER. I yield the floor. vehicles in the Iraqi theater. Nine con- of 550 a month. Every month, 550 new Mr. STEVENS. I yield back the re- secutive times they have gotten it humvees are going into Iraq. We will mainder of our time. I thank the Chair wrong. We now have a letter saying have more there by June than we need. for his courtesy. that finally they have gotten it right.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4086 CONGRESSIONAL RECORD — SENATE April 21, 2005 Walter Reed Army Hospital and the Stevens Thomas Voinovich AMENDMENTS NOS. 389, 421, AS MODIFIED; NO. 484, other military hospitals of this Nation Sununu Vitter Warner AS MODIFIED; NO. 502, AS MODIFIED; NO. 565, are filled with the young men and The amendment (No. 520) was agreed AND 566, EN BLOC women who have paid the price for to. Mr. STEVENS. Mr. President, last evening, as we were finishing up this these errors. When will we err on the CHANGE OF VOTE bill, we had a series of amendments side of doing more rather than less to Mr. BURNS. Madam President, on to- that were offered as amendments, and protect the troops? Now is that time. day’s vote No. 108, I voted ‘‘nay.’’ My we were in the process of changing I conclude by saying this: Do my col- intention was to vote ‘‘yea.’’ I ask them to sense-of-the-Senate resolu- leagues remember the young soldier unanimous consent to change my vote. tions. There are a couple others we who stood up when the Secretary of It will not affect the outcome of the failed to offer, approved by both sides. Defense visited Iraq and spoke about vote on the amendment. I ask unanimous consent they now be hillbilly armor? Do my colleagues re- The PRESIDING OFFICER. Without offered en bloc and have them consid- member him speaking about rum- objection, it is so ordered. ered en bloc. maging through the garbage to find (The foregoing tally has been The PRESIDING OFFICER. Without metal to weld onto the side of the vehi- changed to reflect the above order.) objection, it is so ordered. cles? Do my colleagues remember the The PRESIDING OFFICER. The Sen- Mr. STEVENS. I ask unanimous con- round of applause he got from his fel- ator from Kansas is recognized. sent the amendments be agreed to. low soldiers? The PRESIDING OFFICER. Without f The troops know what is going on. objection, it is so ordered. The press knows what is going on. Ap- EXECUTIVE SESSION The amendments were agreed to, as parently the House of Representatives follows: knows what is going on. It is time that AMENDMENT NO. 389 the Senate took a stand as well to do NOMINATION OF LIEUTENANT (Purpose: To reaffirm the authority of States something about this, to give the GENERAL MICHAEL V. HAYDEN, to regulate certain hunting and fishing ac- tivities) troops the protection they need. Rum- UNITED STATES AIR FORCE, TO On page 231, after line 6, add the following: maging through the garbage—that is BE GENERAL AND DEPUTY DI- an outrage. Here is our chance to bring SEC. 6047. STATE REGULATION OF RESIDENT RECTOR OF NATIONAL INTEL- AND NONRESIDENT HUNTING AND it to a stop. I ask my colleagues for LIGENCE FISHING. their support. (a) SHORT TITLE.—This section may be Mr. ROBERTS. Mr. President, a Mr. STEVENS. Is all time yielded cited as the ‘‘Reaffirmation of State Regula- unanimous consent has been agreed to back? tion of Resident and Nonresident Hunting by both sides for the Senate to imme- Mr. KENNEDY. I yield back the bal- and Fishing Act of 2005’’. diately proceed to executive session to (b) DECLARATION OF POLICY AND CONSTRUC- ance of our time. consider the following nominations on TION OF CONGRESSIONAL SILENCE.— The PRESIDING OFFICER (Mr. COR- today’s Executive Calendar: PN 421, (1) IN GENERAL.—It is the policy of Con- NYN). All time is yielded back. gress that it is in the public interest for each LTG Michael V. Hayden, to be General, State to continue to regulate the taking for Mr. STEVENS. Have the yeas and reported by the Armed Services Com- nays been ordered? any purpose of fish and wildlife within its mittee today; and No. 70, which is the boundaries, including by means of laws or The PRESIDING OFFICER. The yeas confirmation of General Hayden to be regulations that differentiate between resi- and nays have been previously ordered the Deputy Director of National Intel- dents and nonresidents of such State with re- on the amendment. ligence. spect to the availability of licenses or per- The question is on agreeing to the I further ask unanimous consent the mits for taking of particular species of fish amendment. nominations be confirmed en bloc, the or wildlife, the kind and numbers of fish and The clerk will call the roll. wildlife that may be taken, or the fees motion to reconsider be laid upon the charged in connection with issuance of li- The assistant legislative clerk called table, the President be immediately censes or permits for hunting or fishing. the roll. notified of the Senate’s action, and the (2) CONSTRUCTION OF CONGRESSIONAL SI- The result was announced—yeas 61, Senate then return to legislative ses- LENCE.—Silence on the part of Congress shall nays 39, as follows: sion. not be construed to impose any barrier under [Rollcall Vote No. 108 Leg.] The PRESIDING OFFICER. Without clause 3 of Section 8 of Article I of the Con- objection, it is so ordered. stitution (commonly referred to as the YEAS—61 ‘‘commerce clause’’) to the regulation of Akaka Dorgan Mikulski The nominations considered and con- hunting or fishing by a State or Indian tribe. Alexander Durbin Murray firmed are as follows: (c) LIMITATIONS.—Nothing in this section Allen Feingold Nelson (FL) AIR FORCE shall be construed— Baucus Feinstein Nelson (NE) The following named officer for appoint- (1) to limit the applicability or effect of Bayh Harkin Obama any Federal law related to the protection or Biden Hutchison ment in the United States Air Force to the Pryor management of fish or wildlife or to the reg- Bingaman Jeffords grade indicated while assigned to a position Reed ulation of commerce; Boxer Johnson Reid of importance and responsibility under title Burns Kennedy (2) to limit the authority of the United Rockefeller 10, U.S.C., section 601: Byrd Kerry States to prohibit hunting or fishing on any Salazar Cantwell Kohl To be general portion of the lands owned by the United Santorum Carper Landrieu Lt. Gen. Michael V. Hayden. States; or Chafee Lautenberg Sarbanes Schumer EXECUTIVE OFFICE OF THE PRESIDENT (3) to abrogate, abridge, affect, modify, su- Clinton Leahy persede or alter any treaty-reserved right or Coleman Levin Snowe Lieutenant General Michael V. Hayden, other right of any Indian tribe as recognized Collins Lieberman Specter United States Air Force, to be Principal Dep- by any other means, including, but not lim- Conrad Lincoln Stabenow uty Director of National Intelligence. (New Talent ited to, agreements with the United States, Corzine Lott Position.) Dayton Lugar Thune Executive Orders, statutes, and judicial de- DeWine Martinez Wyden f crees, and by Federal law. Dodd McCain (d) STATE DEFINED.—For purposes of this NAYS—39 LEGISLATIVE SESSION section, the term ‘‘State’’ includes the sev- eral States, the District of Columbia, the Allard DeMint Inouye The PRESIDING OFFICER. The Sen- Commonwealth of Puerto Rico, Guam, the Bennett Dole Isakson ate will return to legislative session. Virgin Islands, American Samoa, and the Bond Domenici Kyl Commonwealth of the Northern Mariana Is- Brownback Ensign McConnell f lands. Bunning Enzi Murkowski Burr Frist Roberts EMERGENCY SUPPLEMENTAL AP- AMENDMENT NO. 421, AS MODIFIED Chambliss Graham Sessions PROPRIATIONS ACT, 2005—Contin- (Purpose: To express the sense of the Senate Coburn Grassley Shelby on funding for the continuing development Cochran Gregg Smith ued Cornyn Hagel of the permanent magnet motor) Craig Hatch The PRESIDING OFFICER. The Sen- On page 169, between lines 8 and 9, insert Crapo Inhofe ator from Alaska. the following:

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4087

PERMANENT MAGNET MOTOR (ii) the date on which the child attains 23 ignated as an emergency requirement pursu- SEC. 1122. It is the sense of the Senate that years of age; and ant to section 402 of the conference report to of the amounts appropriated by this Act (2) Congress should make the amendment accompany S. Con. Res. 95 (108th Congress). under the heading ‘‘RESEARCH, DEVELOP- applicable to deaths of members of the CONSTRUCTION MENT, TEST, AND EVALUATION, NAVY’’, Armed Forces on or after October 7, 2001, the For an additional amount for ‘‘Construc- $15,000,000 should be made available for the date of the commencement of military oper- tion’’, $41,500,000, to remain available until continuing development of the permanent ations in Afghanistan. expended: Provided, That the amount pro- magnet motor. AMENDMENT NO. 566 vided under this heading is designated as an AMENDMENT NO. 484, AS MODIFIED (Purpose: To amend the Immigration and emergency requirement pursuant to section (Purpose: To express the sense of the Senate Nationality Act to provide for entry of na- 402 of the conference report to accompany S. on funding for the procurement of man- tionals of Australia) Con. Res. 95 (108th Congress). portable air defense (MANPAD) systems) On page 231, between lines 3 and 4, insert REDUCTION IN FUNDING On page 169, between lines 8 and 9, insert the following new section: The amount appropriated by title II for the following: RECIPROCAL VISAS FOR NATIONALS OF ‘‘Contributions to International Peace- SENSE OF SENATE ON PROCUREMENT OF MAN- AUSTRALIA keeping Activities’’ is hereby reduced by PORTABLE AIR DEFENSE SYSTEMS SEC. 6047. (a) Section 101(a)(15)(E) of the $146,951,000 and the total amount appro- priated by title II is hereby reduced by SEC. 1122. It is the sense of the Senate that, Immigration and Nationality Act (8 U.S.C. of the amounts appropriated by this Act, 1101(a)(15)(E)) is amended— $146,951,000. $32,000,000 may be available to procure (1) by adding at the end ‘‘or (iii) solely to AVIAN FLU AND THE EMERGENCY MANPAD systems. perform services in a specialty occupation in SUPPLEMENTAL FOR IRAQ the United States if the alien is a national of AMENDMENT NO. 502, AS MODIFIED Mr. OBAMA. I see that the distin- the Commonwealth of Australia and with re- (Purpose: To express the sense of the Senate guished ranking member of the State spect to whom the Secretary of Labor deter- and Foreign Operations Subcommittee, on funding for the replenishment of med- mines and certifies to the Secretary of ical supply needs within the combat thea- Homeland Security and the Secretary of Senator LEAHY is here on the Senate ters of the Army) State that the intending employer has filed floor. I am wondering it he would take On page 169, between lines 8 and 9, insert with the Secretary of Labor an attestation just a moment to discuss with me the the following: under section 212(t)(1);’’; and critical issue of the avian flu. SENSE OF SENATE ON MEDICAL SUPPORT FOR (2) in clause (i), by striking ‘‘or’’ after ‘‘na- Mr. President, an outbreak of the TACTICAL UNITS tional;’’. avian flu would be an international ca- SEC. 1122. It is the sense of the Senate that, (b) Section 202 of such Act (8 U.S.C. 1152) is lamity. In this age when you can get of the amount appropriated by this Act amended by adding at the end the following on a plane in Bangkok and arrive in under the heading ‘‘OPERATION AND MAINTE- new subsection: ‘‘(f) SPECIAL RULE FOR AUSTRALIA.—The Chicago or Burlington in hours, we NANCE, ARMY’’, $11,500,000 should be made must face the reality that this threat available for the replenishment of medical total number of aliens who may acquire non- supply and equipment needs within the com- immigrant status under section is not a problem isolated half a world bat theaters of the Army, including bandages 101(a)(15)(E)(iii) may not exceed 5000 for a fis- away, but is one that could affect peo- and other blood-clotting supplies that utilize cal year.’’. ple in Illinois, Vermont, and all across hemostatic, wound-dressing technologies. (c) Section 214(i)(1) of such Act (8 U.S.C. America. The director of the Centers 1184(i)(1)) is amended by inserting ‘‘, section AMENDMENT NO. 565 for Disease Control recognized the 101(a)(15)(E)(iii),’’ after ‘‘section (Purpose: To express the sense of the Senate 101(a)(15)(H)(i)(b)’’. grave consequences this virus could that Congress should enact an increase in (d) Section 212(t) of such Act (8 U.S.C. pose to international health when she the period of continued TRICARE coverage 1182(t)), as added by section 402(b)(2) of the recently stated that ‘‘this is a very om- of children of members of the uniformed United States-Chile Free Trade Agreement inous situation for the globe . . . [this services who die while serving on active Implementation Act (Public Law 108–77; 117 is] the most important threat we are duty for a period of more than 30 days and Stat. 941), is amended— facing right now.’’ It is something that make such increased period applicable to (1) by inserting ‘‘or section is clearly an emergency and is appro- children of members who have died since 101(a)(15)(E)(iii)’’ after ‘‘section priately addressed in the Iraq Supple- the commencement of military operations 101(a)(15)(H)(i)(b1)’’ each place it appears; in Afghanistan) (2) in paragraph (3)(C)(i)(II), by striking mental. On page 169, between lines 8 and 9, insert ‘‘or’’ in the third place it appears; At this point, humans contract the the following: (3) in paragraph (3)(C)(ii)(II), by striking virus overwhelmingly by coming into SENSE OF SENATE ON INCREASED PERIOD OF ‘‘or’’ in the third place it appears; and contact with infected animals, and CONTINUED TRICARE COVERAGE OF CHILDREN (4) in paragraph (3)(C)(iii)(II), by striking once contracted, the virus is extremely OF MEMBERS OF THE UNIFORMED SERVICES ‘‘or’’ in the third place it appears. deadly—a 65 to 75 percent mortality WHO DIE WHILE SERVING ON ACTIVE DUTY FOR Mr. STEVENS. I move to reconsider rate for humans—especially because A PERIOD OF MORE THAN 30 DAYS the vote, and I move to lay that mo- there is no proven vaccine for the H5N1 SEC. 1122. It is the sense of the Senate tion on the table. strain. Further, effective treatments that— The motion to lay on the table was for this strain of the virus are not (1) Congress should enact an amendment to agreed to. widely available and must be delivered section 1079 of title 10, United States Code, AMENDMENT NO. 487, AS MODIFIED within 24 hours. in order to increase the period of continued TRICARE coverage of children of members The PRESIDING OFFICER. The Sen- The recent trends with respect to the of the uniformed services who die while serv- ator from Mississippi. spread of the avian flu are very alarm- ing on active duty for a period of more than Mr. COCHRAN. Madam President, I ing. Over the last few months, there is 30 days under that section such that the pe- ask unanimous consent that amend- growing evidence which suggests that riod of continued eligibility is the longer ment No. 487 be modified so as to ap- the virus may be mutating and could of— pear on page 187 after line 18. This re- eventually result in a form that is (A) the three-year period beginning on the quest only changes the placement of transmittable from human to human. date of death of the member; If this were to occur, it could cause the (B) the period ending on the date on which the amendment in the bill. It does not the child attains 21 years of age; or change the text of the amendment. deaths of millions of people, seriously (C) in the case of a child of a deceased The PRESIDING OFFICER. Without damage economic activity in South- member who, at 21 years of age, is enrolled objection, it is so ordered. east Asia, and cause panic and insta- in a full-time course of study in a secondary The amendment, as modified, is as bility throughout the region. More- school or in a full-time course of study in an follows: over, because of the dynamic nature of institution of higher education approved by On page 187, after line 18, insert the fol- Southeast Asia, with all sorts of com- the administering Secretary and was, at the lowing: merce and transport in and out of the time of the member’s death, in fact depend- region, the virus would likely spread ent on the member for over one-half of the CUSTOMS AND BORDER PROTECTION child’s support, the period ending on the ear- SALARIES AND EXPENSES around the world—including to the lier— For an additional amount for ‘‘Salaries United States, in a matter of hours or (i) the date on which the child ceases to and Expenses’’, for hiring border patrol days. pursue such a course of study, as determined agents, $105,451,000: Provided, That the I would ask my good friend, the sen- by the administering Secretary; or amount provided under this heading is des- ior Senator from Vermont, who has a

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4088 CONGRESSIONAL RECORD — SENATE April 21, 2005 long history of leadership on inter- these children trying to cope with the to be handed the American flag from national health issues. for his assess- reality that a parent isn’t coming the casket in one hand, and get a bill ment of what needs to be done. home will break your heart. But the from the IRS in the other. Mr. LEAHY. I would say to the Sen- families of those who die for their My amendment will make sure that ator from Illinois that, earlier this country also have to struggle with the payments to make the death ben- year, the World Health Organization more mundane challenges, like the loss efit increase retroactive are not taxed. convened a conference on this issue. of the main breadwinner. I appreciate the support of the Na- The WHO concluded that the inter- Staff Sargeant Kendell Waters-Bey tional Military Family Association for national community does not possess was a 29-year-old Marine from Balti- my amendment. sufficient plans and resources to effec- more. He was one of the first American I also appreciate the support of the tively respond to an outbreak of the servicemembers to die in Iraq, among Senator from New Jersey, Senator avian flu and that additional resources 12 people killed in a helicopter crash. CORZINE, who is a cosponsor of this and attention to this issue are urgently Michael and Angela Waters-Bey lost amendment. needed. The WHO called for $100 mil- their only son; that’s hard enough. But I hope that the Senate will send a lion in new resources from the inter- 10-year-old Kenneth lost his father. My strong message that we intend the national community to prevent, and if Maryland colleague in the House, Con- military death benefit to be tax-free. Mr. GRASSLEY. I want to thank my necessary, respond to an outbreak of gressman DUTCH RUPPERSBERGER, friend, Senator MIKULSKI, for her work the avian flu. helped to set up a trust fund to pay for on this issue. You have called atten- Mr. OBAMA. Just for the record, the Kenneth’s college education. tion to a solemn and critically impor- $100 million figure is important for our Another Marylander, Naval Reserve tant issue, and I commend you and join purposes here today. Before the Appro- Lieutenant Kylan Jones-Huffman, was with you in your commitment to en- priations Committee put together the killed by small arms fire in Iraq. Lieu- sure that we provide a real and mean- supplemental, we discussed the impor- tenant Jones-Huffman was a graduate ingful death gratuity to the families of tance of immediately addressing the of the U.S. Naval Academy in Annap- our brave young men and women who olis, and he returned there to teach avian flu before the situation spirals have paid the ultimate sacrifice. And I history before being deployed to Iraq. out of control, and that $25 million is also share your commitment to ensure These are just two of the many fami- an appropriate amount to deal with that those who have paid the ultimate lies in Maryland and across the Nation this critical emergency. I am correct? sacrifice are not forced to pay again— Mr. LEAHY. Yes, the Senator is cor- that experience the sacrifices of this to the IRS, in the form of taxation of war every day. They deserve our grati- rect. When the Appropriations Com- these gratuity payments. mittee was putting together the Sup- tude—not just words, but deeds. Unfortunately, addressing the tax plemental, the Majority and Minority, I’m proud to be a member of the Ap- treatment of these payments on this working together, included $25 million propriations Committee. We did what bill could raise procedural hurdles to to prevent and respond to an outbreak is right to support our troops by re- getting this bill signed into law as of the avian flu, because of the urgent porting out a strong emergency supple- quickly as possible. But as Chairman of nature of the situation in southeast mental bill to meet the needs of our the Finance Committee, I pledge to Asia. men and women in uniform in Iraq and work with you, Senator BAUCUS in his I would also add that $25 million is Afghanistan and around the world. We role as ranking member, and the rest of one-fourth of the WHO appeal, and as did what is right by increasing the the Finance Committee and Congress we know, the traditional U.S. share of military death benefit immediately to ensure that these gratuity payments such multilateral efforts is one-fourth paid to the family of a member of our will not be subject to Federal tax and of the total cost. I would also point out military who is killed. to enact any necessary changes at the that this is the amount that has been This bill will raise the military death earliest possible date on the first avail- authorized in S. 600, the Foreign As- benefit from just over $12,000 to able vehicle. I look forward to working sistance Authorization bill that was $100,000. with the gentlelady to resolve this debated in the Senate last week. The supplemental bill also provides a issue expeditiously. Mr. OBAMA. I also know that USAID benefit to make the increase retro- Mr. BAUCUS. Mr. President, I rise to has already formulated a rapid re- active to October 7, 2001, the start of support the efforts of my friend and sponse plan to use this $25 million, if it the war in Afghanistan after the Sep- colleague Senator MIKULSKI to protect is ultimately appropriated. tember 11 attacks. payments to the families of our brave Mr. LEAHY. That is correct. The ad- The Senate has also rightly adopted Americans serving and dying for this ministration urgently needs this the Kerry amendment to ensure that country. There are currently 1,254 Mon- money and it will be well spent if ap- the death benefit increase covers all tanans deployed overseas in Iraq and propriated. In fact, the money will be soldiers, sailors, airmen and marines Afghanistan with one-third of those de- used to address the avian flu and build who die on active duty. ployed coming from our guard and re- lasting mechanisms and networks to I also appreciate the Senate’s adop- serve forces. We have lost seven service address other viruses that will un- tion of the Salazar amendment, to me members since the war on terrorism doubtedly arise in southeast Asia. The the so-called death gratuity as fallen began and with each sacrifice I am $25 million to combat the avian flu is heroes compensation. While we under- made more aware of the strength and important for Southeast Asia and the stand that no compensation can make commitment of our military families. United States. up for the loss of a family member, the Senator MIKULSKI has wisely offered ENSURING THE MILITARY DEATH BENEFIT IS TAX new name adopted by the Senate recog- an amendment to ensure that the addi- FREE nizes that we are helping the families tional death gratuity benefits would Ms. MIKULSKI. Mr. President, I rise of our fallen heroes. not be subject to taxes, just as other to speak on my amendment No. 497 to I believe just about every Senator death gratuity benefits for military ensure that increased military death shares my view that the military death families are tax-free. It is certainly my benefits are tax free. benefit should not be taxed. hope that such an amendment is not We know that more than 1,700 serv- We need to make sure that the full needed. However, I have promised to icemen and women have made the ulti- amount is paid to the family of a serv- work with Senator MIKULSKI and my mate sacrifice in Iraq and Afghanistan. ice member who dies for our country. good friend, Chairman GRASSLEY, to We don’t always focus on the families We are a grateful Nation, and this is clarify that this is the case, should that have to live their lives without a one of the ways we express our grati- there be any question in the future husband or wife, without a son or tude. about the tax-free status of these pay- daughter, without a father or mother, Under our tax law, the death benefit ments. Certainly, for these families without a brother or sister. is excluded from gross income. That who have already given so much to this Already in March, Newsweek esti- means families don’t have to pay in- country, it is the right thing to do. mated that 1,043 American children had come tax on it. We don’t want the fam- Ms. MIKULSKI. Mr. President, I lost a parent in Iraq. The stories of ily of a hero who died for our country would like to thank the chairman of

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4089 the Finance Committee, Senator However, this language does nothing to But the mission there is not com- GRASSLEY, and the ranking member, guarantee that contracts stay local; in- plete. Even this week Iraq has been Senator BAUCUS, for their support of stead it simply shifts the authority to struck by deadly violence against inno- ensuring that death benefits paid to award Government prime contracts cent civilians. And the nascent govern- the families of those who give their away from a Federal agency and gives ment, even after the first election, can lives for our country are tax-free. I ap- that authority to private, for-profit only be described as fragile. The Iraqi preciate their commitment to getting corporate entities. The availability of people are in the midst of an experi- this done through appropriate tax leg- prime and subcontracting opportuni- ment with democracy—an experiment islation, if necessary, as soon as pos- ties for small firms at the DOE is a that must succeed. This supplemental sible. And I appreciate the help of their complicated issue that needs a thor- bill will give them the tools and re- staff on the Finance Committee, who ough investigation and analysis before sources they need to succeed. worked with my staff on this issue. adopting legislation that could irrep- The legislation also provides critical Given these commitments from arably harm small businesses through- funds for the mission in Afghanistan. Chairman GRASSLEY and Senator BAU- out the Nation. An emergency supple- The war against al-Qaida and inter- CUS, I will not proceed with my amend- mental bill is not the place for this lan- national terrorism is not yet won, and ment on this critical supplemental ap- guage. our forces need these funds to continue propriations bill to meet the needs of Finally, I have received a draft copy the fight, to support the emergence of our troops. of the GAO report requested by Sen- a free Afghanistan, and to bring Osama I thank the Chair and yield the floor. ators DOMENICI, BINGAMAN, SNOWE and bin Laden to justice. Mr. KERRY. Mr. President, the Sup- myself on this very subject—DOE small Last week, the Senate adopted two plemental Appropriations bill includes business contracting. The draft report amendments I offered to improve bene- a provision, Section 6023, which allows has a number of disturbing findings in- fits for surviving military families. the Department of Energy to count cluding: the complete lack of oversight One amendment extends the length of subcontracts towards their small busi- in M&O subcontracting by the Depart- time surviving families may stay in ness prime contracting goal and caps ment of Energy, falsified reporting military housing free of charge to one year. Military families suffer in unique the total agency small business goal at data, and the mismanagement of sub- ways when a loved one is lost in the 23 percent. contracts by large prime contractors. Section 6023 amends the Small Busi- Given the serious nature of the prob- line of duty. In the midst of grieving ness Act, which falls under the juris- lems with these M&O contractors, it is they must almost immediately plan to diction of the Senate Committee on highly inappropriate for the Congress move and change their entire life. For those with children in school, the loss Small Business and Entrepreneurship to now exempt the Agency from its oversight duties and hand over all con- is compounded by the disruption in but neither Senator SNOWE, the chair- school and friends that moving in the woman of the committee, nor I, the trol to these companies. I have worked diligently with Sen- midst of the school year may bring. ranking member, were consulted about ators SNOWE, BINGAMAN, and DOMENICI The amendment the Senate accepted this language prior to its introduction. to find compromise language that last week gives surviving military fam- The Senate Committee on Small would address Senator DOMENICI’s con- ilies the opportunity to get their af- Business and Entrepreneurship has a cerns without causing irreparable dam- fairs in order, to finish the school year, longstanding position opposing the age to the small business community. and to better cope with the loss of a counting of subcontracts towards small Unfortunately, we ran out of time be- loved one before having to move. I business prime contracting goals at the fore this bill was adopted. However, I thank my colleagues for their support Department of Energy. And for good hope that we can continue to work on in this effort. reason, doing it this way is faking. It’s finding a real solution and correct this The second amendment I offered in- saying that you are awarding prime harmful provision in the conference to creases to $100,000 the death gratuity Federal contracts to small business ensure that small businesses receive paid to survivors of service members when you really aren’t. their fair share of DOE contracts. I be- who die on active duty. The current This language will essentially cut lieve we can do that without adversely law provides a miserly sum of $12,400. I small businesses out of contracts at affecting the agency’s ability to suc- began talking about the need to in- the Department of Energy across the cessfully permit its core duties. crease the death gratuity more than a Nation by removing all incentives for Mr. President, the emergency supple- year ago. When the administration an- the agency to create prime contracting mental appropriations bill before the nounced its proposal earlier this year, opportunities for these firms. This pro- Senate is a vitally important piece of it sought to limit the increase to those vision would reduce the amount of con- legislation. It provides $81 billion in who died in Iraq and Afghanistan. No tracts available for small firms, immediate funds for U.S. operations in one thought that was a good idea, in- shrinking their revenue stream, reduc- Iraq and Afghanistan, and to meet crit- cluding the uniformed leadership of the ing jobs and hurting the economy. ical needs for other important national United States military. The Senate Ap- Also, by reducing competition in the priorities, including tsunami relief. propriations Committee addressed part marketplace this language would pre- The war in Iraq has been a divisive of the problem in its mark of this bill, vent the Federal Government from issue in our country. People have pas- but avoided the simple solution of benefiting from the billions of dollars sionate views on the subject—a passion changing U.S. Code to read ‘‘$100,000’’ in savings that come from that com- that is matched by our concern for the instead of the current $12,000. My petition. welfare of the men and women of the amendment did just that. And I thank Even more problematic is the prece- American military. It is that concern my colleagues for their overwhelming dent this would set for government and a real desire for them to succeed support of it. contracts. It would open the door for that has driven us all to push the ad- Our missions in Iraq and Afghanistan any agency with management and op- ministration toward adopting a better are not yet done. Until they are, the erations contractors, facilities man- approach to the mission in Iraq. administration must continue to build agers, or systems integrators to seek In recent months, President Bush has international support for our efforts an exemption from Federal acquisition made progress in drawing additional and ensure that the men and women of law with regard to prime contract international support to the training of the American military have everything awards to small firms. Iraqi security forces. We can wonder they need to succeed and that their Mr. President, I recognize the con- what took so long and hope that their families have the support they need cern that Senator DOMENICI has for his efforts in recent months were just the and deserve. firms in New Mexico and for the two beginning, but we all recognize that The Congress has an important re- DOE laboratories located in his State. the Iraqi election was an important sponsibility to pass this legislation The loss of contracts by local busi- milestone and success—a success made swiftly. Any effort to unnecessarily nesses is a concern that Senator SNOWE possible by the courage of the Iraqi burden this legislation with immigra- and I would be happy to address with people and the dedication of the men tion provisions in conference will un- Senators DOMENICI and BINGAMAN. and women of the American military. necessarily delay the passage of this

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4090 CONGRESSIONAL RECORD — SENATE April 21, 2005 vital legislation to the detriment of more and more veterans are turning to We support out troops by getting the men and women in the field today. VA. That’s why I supported an amend- them the best equipment and the best I strongly urge the conferees to reject ment by Senator MURRAY to increase protection we can provide. We support any effort to attach the REAL ID Act veterans funding by $2 billion to meet them by making it easier for our cit- to this legislation. Let’s pass a clean the health care needs of soldiers re- izen soldiers in the National Guard and bill that provides our forces with the turning from Iraq and Afghanistan and Reserves to serve their country. And tools they need and the resources they other war veterans. Although this we support them by ensuring that their need to succeed. amendment was defeated, I will con- families do not face a financial crisis Ms. MIKULSKI. Mr. President, I sup- tinue to fight for adequate funding for at the moment when they are grieving port our troops and their families. I am veterans’ health care, because the VA the loss of a soldier who has sacrificed behind them 100 percent. They deserve will continue to see more enrollment of everything for our country. our gratitude, not just with words but veterans and a higher demand for care. Mr. FEINGOLD. Mr. President, today with deeds. We must do right by our We know that nearly 40 percent of I cast my vote in support of the 2005 troops and their families. This strong the soldiers deployed today in Iraq and supplemental bill for Iraq, Afghani- emergency supplemental appropria- Afghanistan are citizen soldiers who stan, and tsunami relief. I do so despite tions bill helps us do just that. come from the National Guard and Re- my strong objections to the adminis- In this bill we have provided $5.4 bil- serves. More than half of these will suf- tration’s policy of continuing to fund lion to fix or replace equipment that fer a loss of income when they are mo- our military operations in Iraq and Af- has been damaged during combat oper- bilized, because their military pay is ghanistan through emergency supple- ations. We have also added $3.3 billion less than the pay from their civilian mental bills, as if the needs of our men to add armor to all convoy trucks, buy job. and women on the ground in these more armored vehicles and provide hel- Many patriotic employers and state troubled countries comes as some sort icopter survivability systems. governments eliminate this pay gap by of surprise. These needs should be ad- To help protect our troops from dead- continuing to pay them the difference dressed in the regular budget request ly improvised explosive devices, IEDs, I between their civilian and military so that they can actually be paid for, supported the addition of $60 million pay. The Reservist Pay Security not placed on the tab of the American for the Army to purchase field jam- amendment, which I worked on with people so that debt can pile up. ming systems $213 million for the Senator DURBIN, will ensure that the The American people deserve honesty Army to purchase Up-Armored U.S. Government also makes up for in budgeting, and they deserve straight Humvees. We have preserved support this pay gap for Federal employees who answers about just how long they for C130J aircraft, so vital to trans- are activated in the Guard and Re- should expect the United States to con- porting troops and materiel around the serves. tinue shouldering this extremely heavy world. Americans joined the world in burden in Iraq. Some have suggested To ensure that we do all we can to mourning the loss of more than 150,000 that calling for straight answers some- care for soldiers when they are injured, victims of the Indian Ocean Tsunami how undermines the mission at hand. this bill includes an additional $275 last Christmas. Together, we prayed Nothing could be further from the million for the Defense Health pro- for the 7 million displaced survivors truth. A clear vision, clear goals, and gram. It also eliminates a petty charge that God may give them the strength clear plans are essential to success. I to some service members recuperating to persevere and overcome this, the hope the administration will articulate from combat injuries in military facili- largest natural disaster of our time. ties who are being asked to pay for But expressions of sympathy are not them soon. But this tremendously irresponsible their own meals. enough. As I said at the time of this budgeting and dangerously vague over- More than 1,700 servicemen and terrible disaster, the United States all strategy do not change the fact that -women have made the ultimate sac- must set the example and lead the our troops on the ground need timely rifice in Iraq and Afghanistan. Part of world in the humanitarian effort of re- support, and I will cast my vote to see the debt of gratitude we owe the fami- covery and rebuilding. lies they leave behind is to ensure that So I am especially proud that this that they get it. I was in Afghanistan they do not have to face a financial cri- bill includes $907 million to help keep and Iraq less than two months ago, and sis at the same time that they are deal- America’s promise to tsunami victims. I was inspired by the commitment and ing with the loss of a loved one. It provides $656 million for the Tsu- professionalism of the service men and To help alleviate their burden, we nami Recovery and Reconstruction women I met there. have increased from $12,000 to $100,000 fund to support on-going and long-term I was pleased the Senate adopted my the Fallen Heroes compensation for relief efforts. It also provides $25 mil- amendment that would correct a flaw family members of those brave troops lion for U.S. tsunami warning pro- in current law that unintentionally but who make the ultimate sacrifice on be- grams to help prevent future human severely restricts the number of fami- half of our country. We have applied disasters on the scale we have seen in lies of injured service members that this increase retroactively, to include Asia. qualify for travel assistance. Too many all those who have died since the begin- Because it is just as important to families are being denied help in vis- ning of operations in Afghanistan, and support our communities at home as it iting their injured loved ones because we have extended this compensation to is to support our troops in the field, I the Army has not officially listed them apply to every service member who will continue to fight for responsible as ‘‘seriously injured,’’ even though dies while on active duty, not just in a military budgets. For that reason, I these men and women have been evacu- designated combat zone. joined Senator BYRD’s call for the ated out of the combat zone to the We also need to make sure that fami- President to fund our operations in United States for treatment. My lies receive the full amount of this Iraq and Afghanistan through the reg- amendment will provide at least one compensation. Working closely with ular budget and appropriations process. trip for families of injured service Senator GRASSLEY, I have taken steps After 3 years in Afghanistan and 2 members evacuated to a U.S. hospital to ensure that the full benefit is tax years in Iraq, we should not be funding so that these families can quickly re- free. Senator GRASSLEY has assured me these operations as if they were sur- unite and begin recovering from the that this important correction will be prise emergencies. trauma they’ve experienced. added to the next tax bill considered in I also joined Senator BYRD in his call I want to make plain that I also be- the Senate. for the President to provide Congress lieve that our diplomats on the ground To further ease the strain for these information on the costs so far of these in tough situations deserve our support families, we have allowed the family of operations and for an estimate of what and certainly deserve the resources a service member who dies to remain in we can expect them to cost in coming they need to provide for their own se- military housing for a year, rather years. curity. Any suggestion that we can than the 6 months currently allowed. This bill is a Federal investment in pursue our political strategy on the The veterans’ health care system is supporting our troops and their fami- cheap while leaving the military alone stretched to the limit at a time when lies. responsible for the success or failure of

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4091 the U.S. intervention in Iraq is foolish. In April of 2003, just a little over 2 edly high rate, the promised money But I did vote to reduce some of the years ago, Congress, at the President’s from Iraqi oil receipts was becoming an funds for the State Department pro- request, provided approximately $78 urban legend, and we were still dealing vided in this bill, including funds for billion to meet the challenge in Iraq. with a pervasive insurgency. the embassy in Iraq—an embassy that Six months later, in October of 2003, By June of 2004, we knew or should will be the most expensive U.S. em- the administration came back to us have known that Iraq was going to be bassy in the world. These expenses sim- and requested another $87 billion in the a part of this Nation’s financial respon- ply do not belong in an emergency sup- form of a supplemental appropriation sibility for some time to come. But I plemental. They are predictable, they to fund continuing operations in Iraq. understood that the situation was still are ongoing, and they can be provided In early June of 2004, the Senate uncertain. We had only been in Iraq lit- through the regular appropriations voted for another $25 billion to keep tle more than a year and I was sure process. operations going through the end of that the President’s 2006 Defense budg- I regret the managers of the bill did that year. Now we are faced with yet et proposal would more accurately re- not seize the opportunity to extend the another emergency supplemental re- flect the costs of the war. I understood mandate of the Special Inspector Gen- quest of more than $80 billion. that we could not drop the ball on the eral for Iraq reconstruction in this bill. I agree that there is a need to ade- welfare of our troops. I supported the Transparency and accountability in quately fund our troops. We must do President’s request. the reconstruction effort is not about everything we can to protect our men Now the President is requesting an finding new things to criticize. It is and women who are in harms’ way. additional $80 billion to support ongo- about responsible stewardship of U.S. What I don’t understand, quite frankly, ing military efforts in Iraq and Afghan- taxpayer resources, and it is about get- is this President’s inability or unwill- istan. It seems as if we have been here ting reconstruction right. Ultimately, ingness to make this request a part of before. I have to ask myself, when does it is about achieving our goals in Iraq. the normal budget and appropriation an ‘‘emergency’’ supplemental request We need ongoing, vigorous, focused process that we go through every year. become sufficiently routine that it oversight of the reconstruction effort. As you recall, in April of 2003, the should be considered as part of our nor- While I was unable to get my amend- President requested $78 billion in emer- mal budget process? ment passed, I will continue to work to gency military funding. We were at the Over the last 2 years we have been ensure that this need is met. beginning of a war. Although it was a subjected to this ‘‘emergency’’ four Finally, I strongly support the tsu- war of our choosing, I understood the times. We have had two budgets come nami relief provisions in this bill. The uncertainty that war brings. Further- to Capitol Hill from this administra- scale of this December 2004 tsunami more, I understood the value of not al- tion in that time. Neither of those disaster was nearly overwhelming, and lowing our enemies to get a read on our budgets requested one thin dime in the human losses were horrifying. I intent by peering into our budget proc- support of our troops in Iraq or Afghan- know that most of us here in the Con- ess over the course of a year. I sup- istan. The present way in which we fund gress and most Americans are firm in ported the President’s request. these conflicts is irresponsible and our resolve to be strong, consistent A mere 6 months later, President unsustainable. This administration, by partners to the survivors and the af- Bush returned to this body to request not properly submitting this request fected communities. another $87 billion for ongoing military through the normal budget and appro- Mrs. LINCOLN. Mr. President, as de- operations in Iraq and Afghanistan. At bate about the supplemental appropria- priations process, has effectively cut that time, our troops were facing the tions for military operations and re- off our oversight role. imminent and ever-present danger of construction in Iraq and Afghanistan We now only have a scant few weeks guerilla attacks. to consider one of the most important comes to a close, I would like to ensure Also, many of our troops were ex- that our focus remains on the welfare pieces of funding legislation we will pressing concerns that they were not of our Nation’s troops. consider this year. Furthermore, as adequately trained for the specialized That is why I would like to speak on this supplemental becomes more and behalf of the men and women who are demands of peacekeeping and policing more routine, we run the risk of hiding serving in our Nation’s Armed Forces— that the reconstruction effort required. the true costs of the war from the Moreover, the dangers and difficul- those currently on active duty as well American people. ties that our troops faced went far be- as in the National Guard and Re- The American people have every serves—who are serving today in Iraq, yond the threat posed by attacks from right to know, in as clear and straight- Afghanistan, and across the globe. insurgents and guerillas. I grew in- forward a manner as possible, what the Since the President declared an end creasingly concerned about the condi- financial costs of the war are. By ex- to major combat operations in Iraq on tions under which many of our troops cluding those costs from the normal May 1, 2003, 1,419 American troops have were being forced to serve in the Mid- budget process we obscure the true ef- died in Iraq and more than 11,000 have dle East. fect of this conflict on our national been wounded. I was consistently hearing about debt, our budget and our economy. I Even if combat in Iraq is something shortages of quality food and water. I believe that the American people de- that no longer makes the front pages of was hearing that our troops were not serve more transparency from us. our newspapers, it is still agonizingly properly equipped with the tools of We are now at the point where poor clear that our troops remain in danger. warfare. I was hearing of parents send- budget planning is no longer accept- That is why it is even more impor- ing their children bullet-proof vests be- able. We can no longer accept the argu- tant for this body to use sound judg- cause the military could not or would ment that unexpected events have ment and good planning. One of my not provide them. changed our outlook therefore we must major concerns is that year after year Although the administration had have a supplemental. We know that we have found a way to take the proc- completely misjudged the nature of Iraq is unpredictable. We know that ess of funding military operations in this conflict, I understood that our unforseen events occur. Our planning Iraq and Afghanistan out of our regular troops must not suffer because others must be flexible enough to accommo- budget process. had let them down. I understood that date this reality. I am frustrated, quite frankly, that whatever this administration’s short- We see very clearly the effects of we have been subjected to this bian- comings were in terms of planning, our poor planning. We have seen it in the nual ritual. I am frustrated that ques- troops’ safety and well being came way our troops have been inadequately tioning the timing of these requests first. I supported the President’s re- equipped early on in this conflict. We may cause our political opponents to quest. have seen it in the way this adminis- call us unpatriotic. But, most of all, I Once again, in June of 2004, this ad- tration has failed to properly budget am frustrated that doing my duty as a ministration asked for another $25 bil- and has been forced to run to Congress U.S. Senator could be considered any- lion supplemental for the ongoing ef- for emergency funds every 6 months. thing less than keeping a sacred trust forts in Iraq. At that time, we were In spite of the haphazard way that with our men and women in uniform. spending money in Iraq at an unexpect- this administration has planned for the

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4092 CONGRESSIONAL RECORD — SENATE April 21, 2005 financial aspects of this conflict, this Bush administration and the inter- inactivity, MINUSTAH has recently Congress must keep faith with our national community had an oppor- stepped up its efforts to disarm former troops and the American people. Part tunity to become engaged in Haiti well members of the Haitian military and of that is making sure that we hold before we reached the current state of others. Indeed, recently two United Na- this administration and any future ad- affairs. It failed to do so. The presence tions peacekeepers were killed during ministrations accountable for proper of President Aristide used to be the operations to control police facilities planning. Bush administration’s excuse to not previously occupied by members of the We must make sure that our troops properly engage with Haiti. Right or former military. are properly equipped and provided for wrong, that issue is no longer a factor. Despite this increase in activity, it is and we must make sure that the Amer- Leadership here on the part of the hard to imagine how MINUSTAH can ican people have a true sense of the Bush administration has been woefully establish real security at its current economic impact of this war. lacking. Indeed, if we continue on our force level. MINUSTAH only reached We know that we will continue to present course, long-term security in its full strength of approximately 7,000 have a commitment in Iraq. The level Haiti may be critically undermined. military personnel and 1,600 civilian of that commitment is no longer a sur- Most immediately, without increased police officers in December. Haiti also prise. I expect to see that commitment United States support, the success of has about 4,000 of its own police offi- reflected in the next Defense budget Haitian elections scheduled for this fall cers, but most of these individuals are that is submitted to this Congress for is in jeopardy—elections, which I badly trained and poorly armed. consideration. I do not believe that an- might point out, could do much for the By comparison, New York City, other supplemental request beyond this stability and well-being of the Haitian which has roughly the same number of one would be appropriate except in the people. citizens as Haiti, is patrolled by 40,000 most extreme circumstances. Mr. President, during the past year, well trained and equipped police offi- We must make sure that our troops Haitians have endured unimaginable cers. That is over three times the num- are safe and have the equipment they hardships. Flooding in late May ber of security personnel as in Haiti. need. But, we must also make sure that claimed almost 3,000 lives. Tropical And it is worth noting that New York the America they return to is stronger Storm Jeanne killed nearly 2,000—mak- is not plagued by many of the problems than the one they left. We must make ing it the deadliest storm this hurri- that Haiti faces every day. sure that their children will not be bur- cane season. These catastrophes were That is why this amendment includes dened with the debt of our irrespon- only compounded by a deteriorating se- funding to support police activities in sibility. We must make sure that we curity environment. They created a vi- Haiti. A critical aspect of this assist- are never accused of shirking our duty cious cycle where widespread looting ance must be police reform. Because to create an America with more oppor- and rioting significantly impeded dis- regrettably, human rights groups re- tunity, more hope and more prosperity. aster relief efforts. port that some members of the Haitian We can only do that when we under- Sadly, such violence and insecurity police have committed abuses, includ- stand that our insistence on using the persists. The government lacks control ing arbitrary arrests and, possibly, normal budget process to fund ongoing over substantial portions of the coun- extrajudicial executions. Unless we operations in Iraq is not an affront to try. Armed gangs continue to terrorize create a climate of trust in Haiti with our men and women in uniform, but the capital of Port-au-Prince. Ele- respect to that nation’s police force, rather, it is our way of honoring them ments of the former military have oc- there can be no lasting security. And it and the nation that they are fighting cupied towns and police stations is difficult to build trust without re- to protect. throughout the countryside. Since Sep- spect for the rule of law and the rights Mr. DODD. Mr. President, as a co- tember alone, around 400 Haitians have of individuals. Any police assistance, sponsor, I rise to discuss the DeWine/ been killed as violence spiraled out of therefore, must be used to teach good Bingaman amendment. This important control after an escalation in pro- policing practices, not just provide new measure would designate $20 million Aristide protests. resources for personnel, guns and am- for critical election assistance, em- The ongoing disorder is perhaps best munition. ployment and public works projects, symbolized by a February 19 attack on Mr. President, the elections sched- and police assistance in Haiti. I am Haiti’s national prison. Approximately uled for this fall in Haiti could be a pleased that agreement has been a dozen armed men assaulted the facil- critical step toward achieving lasting reached to include this amendment in ity and released 481 prisoners, includ- stability. After all, only democrat- the managers’ package. ing drug dealers and other suspected ically elected governments have the le- It has been just over a year since criminals. The attack—which appears gitimacy necessary to fully address the President Jean Bertrand Aristide was to have been assisted from inside—is persistent security and socio-economic forced into exile. It is well known that indicative of the government’s inabil- problems facing the Haitian people. the United States played an active role ity to fully control even its own secu- With assistance from the United Na- in his departure. I do not wish at this rity forces. tions and the Organization of American time to consider just how great that If we are going to move toward a States, the Haitian government is or- role may have been. But as I have stat- more hopeful future for Haiti, then we ganizing voter registration and pre- ed before, I am troubled that our Gov- need to renew our support for the Hai- paring the technical measures nec- ernment chose to use its influence to tian people. That means, of course, essary to conduct accurate and fair remove a democratically elected lead- working to establish basic security. polling. Smooth and successful polling er—and for all of President Aristide’s Clearly, we need to reign in the armed operations are necessary to ensure that faults, he was that—rather than work- gangs and former military. But that is the election outcome is never in doubt. ing to restore stability. not enough. Long-term stability also To enhance the effectiveness of these To its credit, the United Nations requires a sustained commitment to efforts, this amendment would make Peacekeeping force in Haiti, democratic institutions and to eco- available critically needed funds for MINUSTAH, has done much to reestab- nomic development. election assistance. lish security following President Last July, the United States pledged To ensure full legitimacy, however, I Aristide’s departure. I applaud those approximately $250 million in aid for believe that the Haitian government countries, particularly those Latin fiscal years 2004 and 2005. The United must also take steps to re-engage with American countries, which have con- States provided $130 million of that as- the Lavalas family party of President tributed forces. I am also encouraged sistance last year. That’s a good start. Aristide, which has threatened to boy- by the work of the international com- But we need to do more. cott the elections. The Lavalas party is munity in support of the Haitian elec- Mr. President, the United Nations the largest and best organized party in tions scheduled for this fall. peacekeeping force in Haiti, Haiti, and without its participation, I But without United States leader- MINUSTAH, is making important con- am concerned that the election results ship, I am afraid that any temporary tributions to peace and stability in will not be accepted by the Haitian stability will be fleeting. Indeed, the Haiti. While it was criticized for early people.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4093 A critical step toward re-engaging bility. Too often in our history, our ne- American workers could be found, (2) the Lavalas party would be releasing glect of Haiti’s most basic problems documenting the background of the former Prime Minister Neptune and have left us with no choice but to in- worker and the nature of the work, and any other Lavalas party members who tervene when instability breaks out (3) consequences for breaking the law, I are currently being held without for- into open crisis. Only through think we are a safer Nation when we mal charges being brought against proactive leadership and a commit- encourage illegal migrants and their them by Haitian authorities. To that ment to long-term development in employers to come out from the shad- end, I, along with several of my col- Haiti can we break this cycle. For all ows and show themselves. leagues, wrote to Prime Minister these reasons, I am pleased that this Encouraging employers and foreign Latortue requesting that he inform us amendment has been accepted as part workers to work within the bounds of on what charges the former Prime Min- of the managers’ package. I urge the law will allow our border agents to bet- ister is being held, and if there are no conferees to ensure that this language ter focus their efforts on those who formal charges filed, to release him im- is included in the conference agree- would enter the country to do our citi- mediately. I have yet to receive an an- ment of this bill. zens harm. And up on the Northern swer from the Haitian government. Mr. BAUCUS. Mr. President, I wish border, what used to be our nation’s But in the long-term, no single elec- to address several amendments offered backdoor and is quickly becoming the tion can eliminate the instability and to the emergency supplemental appro- front door, we face that more unlikely disorder that has afflicted the Haitian priations bill this week. We are debat- threat precisely because all eyes are on people for centuries. These problems ing this emergency appropriation pri- the southern border. have their root in persistent poverty marily to see to the needs of the men I’m not talking about amnesty, and and economic dislocation, and they can and women who are serving on the I’m not talking about rushing into only be resolved through active en- front line in Iraq and Afghanistan. some sweeping immigration reform. I gagement by the United States. That’s because it’s our job to make think that requires broader and more Haiti is the poorest country in the sure that our troops get the support considered deliberation by Congress. western hemisphere; 65 percent of the and the resources they need when they But it does make sense to begin to doc- population lives below the poverty line. need them. ument and track the movement of ille- But there is another front line we The average income is $250. Life ex- gal migrants who would otherwise pay should not forget about, and that in- pectancy is a mere 53 years, and half of taxes and abide by our laws if they cludes the home front. And serving on the population does not have access to could earn the chance to do so. This in the home front are the men and women clean drinking water. Only 50 percent turn helps our small and seasonal busi- of the National Guard, Border Patrol, of the population works in the formal nesses maintain a reliable, screened Immigration and Customs agents, as economy. In such an environment, is it and legal workforce, and it allows us to any wonder that Haiti has suffered well as the police forces who serve in big and small communities alike. focus our attention on stopping would- from years of violence and disorder? be terrorists from crossing our borders. Sadly, children are particularly af- They, too, need resources and sup- port from Congress. And while we have The PRESIDING OFFICER. The fected by these impoverished condi- question is on the engrossment of the tions. Over one in ten Haitian children a process by which Congress deter- mines on a yearly basis what those amendments and third reading of the dies before age five. Approximately 20 needs are, I am not content to just bill. percent of all children suffer from wait and see. I am concerned about the The amendments were ordered to be malnourishment. Haiti also has the fate of important legislation that was engrossed, and the bill to be read a highest prevalence of HIV/AIDS in the passed last fall that authorized putting third time. western hemisphere, and 4,000 to 6,000 more border patrol agents on our front The bill was read the third time. children in Haiti are born with the line—which more and more often is up Mr. COCHRAN. I ask for the yeas and virus each year. Yet according to the on the highline of Montana, and not nays. World Bank, in the 1990’s, there were only across desert stretches on the The PRESIDING OFFICER. Is there a only two physicians for every 10,000 Southern border. sufficient second? There is a sufficient Haitians. That figure is unlikely to That legislation, which was nego- second. have improved. To combat the effects tiated as part of the National Intel- The bill having been read the third of such abject poverty, this amendment ligence Reform Act of 2004 and signed time, the question is, Shall the bill would provide assistance for employ- by President Bush, recognized for more pass? ment projects. personnel patrolling our borders. Now, The clerk will call the roll. For many Haitians, moreover, eco- while the administration’s fiscal year The legislative clerk called the roll. nomic progress is impossible because 2006 budget did not propose the funding Mr. DURBIN. I announce that the they lack access to needed infrastruc- called for in that legislation, it is up to Senator from Hawaii (Mr. INOUYE) is ture. There are not enough roads, all of us in Congress to make sure that necessarily absent. schools or hospitals. That is why funds the border patrol gets the help it needs. The PRESIDING OFFICER. Are there designated by this amendment would That is why I am a cosponsor of Sen- any other Senators in the Chamber de- also be available for important public ator BYRD’s amendment to deliver the siring to vote? works. funds our border security personnel de- The result was announced—yeas 99, Lastly, I encourage my colleagues to serve. nays 0, as follows: use the benefits of trade to help the But we have to do more. We need to [Rollcall Vote No. 109 Leg.] Haitian people. Last Congress, I was help the border patrol and other Fed- YEAS—99 proud to cosponsor Senator DEWINE’s eral and State law enforcement agen- HERO Act. This important legislation Akaka Chambliss Ensign cies get their workload under control Alexander Clinton Enzi would have helped reinvigorate the and focus on the most serious threats Allard Coburn Feingold Haitian economy by granting pref- to our Nation’s security. Allen Cochran Feinstein erential trade treatment to certain Surely, we all want to know who the Baucus Coleman Frist Haitian textile products. I was pleased Bayh Collins Graham millions of undocumented aliens are Bennett Conrad Grassley that the Senate passed this bill last who cross our borders each year. And Biden Cornyn Gregg year. Unfortunately, it met opposition many of these people live and work Bingaman Corzine Hagel in the other body. I hope we can make amongst us. The vast majority of these Bond Craig Harkin Boxer Crapo Hatch that legislation a priority in the 109th undocumented workers are here be- Brownback Dayton Hutchison Congress. cause there are jobs—in the service, ag- Bunning DeMint Inhofe Mr. President, in 1994, the United ricultural or other sectors—for which Burns DeWine Isakson States launched an armed intervention Burr Dodd Jeffords employers cannot find willing Amer- Byrd Dole Johnson to reestablish Haitian democracy. Last ican workers. Cantwell Domenici Kennedy year, the United States again sent a As long as tough standards are in Carper Dorgan Kerry contingent of Marines to restore sta- place for (1) proving that no willing Chafee Durbin Kohl

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4094 CONGRESSIONAL RECORD — SENATE April 21, 2005 Kyl Murray Shelby the past and this full committee, as a more funds for the wars in Iraq and Af- Landrieu Nelson (FL) Smith Lautenberg Nelson (NE) Snowe matter of fact. ghanistan and for reconstruction ef- Leahy Obama Specter Specifically, I am thinking about forts in those countries. With approval Levin Pryor Stabenow Senator BYRD, the distinguished Sen- of this supplemental, we will have ap- Lieberman Reed Stevens ator from West Virginia, who has proved over $280 billion for the two Lincoln Reid Sununu Lott Roberts Talent served as chairman of this committee wars through emergency supplemental Lugar Rockefeller Thomas and ranking member of the committee; bills. We should not continue to fund Martinez Salazar Thune Senator STEVENS, who is chairman of these wars in this way. This is not the McCain Santorum Vitter the Defense Appropriations Sub- chairman’s fault. He can only respond McConnell Sarbanes Voinovich Mikulski Schumer Warner committee; Senator INOUYE, who is the to the administration’s proposals. It is Murkowski Sessions Wyden senior Democrat on that sub- evident that many of my colleagues are NOT VOTING—1 committee, both of whom helped shape in agreement that funding for war ac- the content of this bill in areas under tivities should be processed in regular Inouye the jurisdiction of their subcommittee; annual appropriations measures, not The bill (H.R. 1268), as amended, was and the staff director, Keith Kennedy, through emergency supplementals. passed, as follows: who is back from a leave of absence he This was clearly and emphatically ex- (The bill will be printed in a future had doing other things for the last sev- pressed again in of the sense of the edition of the RECORD.) eral years but who, as a former staff di- Senate amendment earlier this week. I The title was amended so as to read: ‘‘An rector of this committee, provided hope that this administration will take Act Making Emergency Supplemental Ap- serious note of the Senate’s strong propriations for Defense, the Global War on strong leadership for our staff and gave Terror, and Tsunami Relief, for the fiscal me tremendous support which I needed view in this regard. year ending September 30, 2005, and for other to get this bill to this point. I am very I assure my colleagues here today purposes.’’. grateful to him for his support and and the people of this country that I Mr. COCHRAN. I move to reconsider those who worked closely with him, fully and wholeheartedly support our the vote by which the bill was passed. like Terry Sauvain on the Democratic men and women in uniform. I give Mr. CRAIG. I move to lay that mo- side; Sid Ashworth, who is the clerk of these troops my gratitude and my re- tion on the table. the Defense Appropriations Sub- spect. I wish that we could give them The motion to lay on the table was committee, and her counterpart on the more—I wish that we could give them a agreed to. Democratic side, Charlie Houy; Paul clearly defined mission, with a clearly The PRESIDING OFFICER. Under Grove; Tim Rieser; Clayton Heil, who defined strategy for ending the war in the previous order, the Senate insists is counsel to the committee; and Chuck Iraq and coming home. on its amendment, requests a con- Kieffer, all of whom provided very im- But, this administration is not wind- ference with the House on the dis- portant and appreciated support to me ing down its military operations in agreeing votes of the two Houses, and during the handling of this legislation. Iraq—that is evident from the size of the Chair appoints Mr. COCHRAN, Mr. Mr. BYRD. Mr. President, as we bring this most recent request submitted by STEVENS, Mr. SPECTER, Mr. DOMENICI, to a close the debate on the emergency the President. To the contrary, it ap- Mr. BOND, Mr. MCCONNELL, Mr. BURNS, supplemental, H.R. 1268, I thank my pears that the United States may be Mr. SHELBY, Mr. GREGG, Mr. BENNETT, good friend from the State of Mis- gearing up either to accommodate a Mr. CRAIG, Mrs. HUTCHISON, Mr. sissippi, the chairman of the Appro- permanent military presence in Iraq or DEWINE, Mr. BROWNBACK, Mr. ALLARD, priations Committee, THAD COCHRAN. to establish a launching pad for other Mr. BYRD, Mr. INOUYE, Mr. LEAHY, Mr. Senator COCHRAN was recently in- military operations in the region. This, HARKIN, Ms. MIKULSKI, Mr. REID of Ne- stalled as the new Chairman of the Ap- certainly, would be the wrong message vada, Mr. KOHL, Mrs. MURRAY, Mr. propriations Committee, and, although to send to the people of Iraq and others DORGAN, Mrs. FEINSTEIN, Mr. DURBIN, he has managed numerous bills on the in the region. I pray that this is not the case. Mr. JOHNSON, and Ms. LANDRIEU con- floor in the past, this is the first appro- Thank you, Mr. President, and I yield ferees on the part of the Senate. priations bill that he has managed as the floor. Mr. COCHRAN. Madam President, I the chairman of the Appropriations thank all Senators for their coopera- Committee. I compliment Senator f tion in the passage of this bill. There COCHRAN for a job well done, and I espe- MORNING BUSINESS were a lot of amendments offered, and cially thank him for his patience. In The PRESIDING OFFICER. The Sen- we agreed to some of them. Some of fact, all of the Members should thank ator from Idaho. them were adopted. We are going to him for his patience. We have been on Mr. CRAIG. Madam President, I ask conference with the House now to work this bill for the better part of 2 weeks, unanimous consent that there now be a out differences between the two bills. I and we have given consideration to period of morning business with Sen- am confident we will be able to come many, many amendments. Throughout ators permitted to speak for up to 10 back with a product in the form of a all of these many days of debate on the minutes each. conference report which the Senate can underlying bill and on the numerous The PRESIDING OFFICER. Without support, which will continue to support amendments offered by both sides, Sen- objection, it is so ordered. the additional funding that is needed ator COCHRAN has kept a level head, f for this fiscal year for our troops in the and he has shown patience in seeing field, for those who are deployed in that this supplemental is processed in TRAUMATIC INJURY PROTECTION Iraq and Afghanistan and elsewhere in an orderly manner and that no Member Mr. CRAIG. Madam President, we the world in the war on terror, and will is denied an opportunity to have input have completed a tremendously impor- meet the needs of our State Depart- on this bill. tant piece of legislation for the funding ment through replenishment of ac- I also join with Senator COCHRAN in of our troops in Afghanistan and Iraq. counts that have been depleted because expressing gratitude to the staff mem- During this afternoon, I, along with of the disaster in the tsunami episode bers on both sides of the aisle who Senator DANNY AKAKA, my ranking and for other needs the Senate and helped us with processing this bill and member on the Veterans’ Affairs Com- House have seen fit to include in this all those amendments. They worked mittee, and Senator MIKE DEWINE, appropriations bill. late into the evening hours on some of added an amendment I want to speak As my first bill to manager on the these matters, and I appreciate not for a few moments about because I floor of the Senate as chairman of the only their hard work but also their think it addresses a tremendous gap in Appropriations Committee, I have to unstinting dedication to this institu- the coverage that exists in the treat- give great credit to the assistance I re- tion. ment of the soldiers, sailors, marines, ceived personally from staff members Mr. President, this is only one in a and airmen who are fighting for our here in the Senate, other Senators as series of supplemental requests that country at this very moment. well who are more experienced and who have come from the administration Our amendment addresses the cov- chaired important subcommittees in asking the Congress to appropriate erage gap through the creation of a

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4095 new traumatic injury protection insur- total or permanent loss of hearing, gain the normalcy of the lives they en- ance program for the benefit of se- quadriplegia or paraplegia, burns joyed prior to sustaining catastrophic verely disabled service members. But greater than second degree, covering 30 injuries in the defense of our freedoms. before I describe the amendment, let percent of the body or face, certain We now have moved this from an idea me further discuss the nature of the traumatic brain injuries. to an amendment, and now into the problem our amendment attempts to Most of the amendment is entirely legislation that passed. I thank my col- attend. reasonable given the cause. Informal leagues in the Senate for their unani- It is widely known that due to the in- CBO estimates put the fiscal year 2006 mous support of what is a very impor- credible advances in medicine, service cost at about $10 million, a very small tant piece of legislation that fills a members who may not have survived price to pay to meet the needs of those hole and sustains a family and sustains life-threatening injuries in previous wounded warriors. a warrior in his or her greatest time of wars are now making it back home I cannot take credit for the idea be- need—that of recovering from a trau- alive from Iraq and Afghanistan. That hind this amendment. The great credit matic injury and moving into civilian is the good news. The bad news, how- must go to disabled veterans from the or military whole life again. I thank ever, is that they must live with inju- Wounded Warrior Project, run under my colleagues for their support. I yield ries that may have left them without the aegis of the United Spinal Associa- the floor and suggest the absence of a their limbs, sight, hearing, or speech tion. Three Wounded Warrior veterans quorum. ability, or even more. All of my col- from the Iraq war visited my office last The PRESIDING OFFICER. The leagues have likely met these brave week to discuss the need to provide clerk will call the roll. young men and women in their home this type of an insurance benefit. The assistant legislative clerk pro- visits or right here in Washington, DC, One veteran, former Army Staff Ser- ceeded to call the roll. at Walter Reed Army Medical Center. geant Heath Calhoun, had both of his Mr. BAUCUS. Madam President, I They are fighting for their lives. They legs amputated after being struck dur- ask unanimous consent that the order are attempting to learn, through phys- ing a rocket-propelled grenade attack for the quorum call be rescinded. ical and occupational therapy, how to in Iraq. Heath and his wife, Tiffany, The PRESIDING OFFICER. Without reengage back into society, needless to who was present with him in my office, objection, it is so ordered. say, relearning things I and my col- described the financial problems they BORDER SECURITY leagues probably take for granted had endured after Tiffany quit her job Mr. BAUCUS. Madam President, I every day—how to walk, how to read, to be with Heath during convalescence. feel very strongly that we must in- how to simply make breakfast in the It took over a year before Heath was crease our border security. The re- morning and what, for them, can take medically discharged from service. sources of our National Guard, law en- months and quite possibly years to While the Calhoun family was able to forcement, and Customs and Border learn how to redo. make it through, it was an extremely It is during this rehabilitation period trying period. Heath told me he was ad- Patrol agents are stretched way too at military hospitals the need for addi- amant that other servicemen in Iraq thin and they need our help, especially tional financial resources becomes should not have to worry about fi- along the northern border. Their abil- most acute. For many Guard and Re- nances, should they, too, be injured. ity to successfully carry out their daily serve members at Walter Reed, they al- The quickest way to accomplish that, duties is of critical importance to the ready have foregone higher paying ci- he told me, was to add a disability in- safety of all Americans. vilian jobs prior to their deployment. surance rider, financed by service We must protect our borders better Lengthy recovery periods simply add members through monthly premium and work to increase the apprehension to the financial stress they bear. In ad- deductions, to the existing life insur- of illegal aliens crossing into the dition, family members of injured sol- ance program. United States. diers bear the burdens necessary to I am honored to sponsor that amend- The Intelligence Reform and Ter- travel from great distances to provide ment. It is now in the legislation that rorism Prevention Act we passed in the love and emotional support that is passed the Senate. The White House 2004 authorized the hiring of 2,000 new absolutely essential for any successful endorses it. The Defense Department Border Patrol agents. Yet the Presi- rehabilitation. Spouses quit jobs to endorses it. We had a press conference dent’s budget only proposed 210 new spend time with their husbands at the yesterday with the Secretary of Vet- agents—about 10 percent of what is au- hospital, or husbands quit jobs to spend erans Affairs, Jim Nicholson, and the thorized. time with their wives. Parents spare no head of personnel at the DOD. The Border Patrol has been dan- expense to be with their injured chil- I want to also personally compliment gerously underfunded. That is why I dren. Ryan Kelly, who was a visitor also with cosponsored Senator BYRD’s Border Pa- To meet these needs, our amendment me this past week. Mr. Kelly lost his trol amendment, which passed yester- would create a traumatic injury pro- right leg during an ambush near Bagh- day, and why I supported Senator EN- tection insurance rider as part of an dad almost 21 months ago. I am told he SIGN’s amendment today. existing service member’s group life in- was a principal author of the draft leg- I recognize we are fighting the war surance program. The traumatic insur- islation that culminated in the amend- on terrorism overseas, but we need ance would provide coverage for se- ment we offered here this afternoon. I more agents, investigators, detention, verely disabling conditions at a cost of thank him for the tremendously fine and deportation officers at home. approximately $1 a month for partici- work he did. Additional funding will ensure that pating service members. The payment I also thank President Bush, of more illegal aliens will be detained and for those suffering a severe disability course—I just mentioned him—and his our borders will be tightened against would be immediate and would range top administration officials for lending all threats, especially terrorism. The from $25,000 to a maximum of $100,000. their support to this amendment. Sec- best way to prevent terrorism in the Of course, that is to tide them over retary Nicholson, Defense Deputy Sec- United States is to prevent terrorists during this period before the other ben- retary of Defense Paul Wolfowitz, and from entering the United States. efits we all know about kick in. their staffs provided invaluable tech- In my State of Montana, we deal The purpose of the immediate pay- nical support in drafting this amend- with the vast northern border and the ment would be to give injured service ment. terrain is not easy to patrol. As you members and their families the finan- The supplemental already would can imagine, as the southern border is cial cushion they need to sustain them make substantial improvements to tightened, our northern border, which before their medical discharge from the benefits provided to survivors of those used to be America’s back door, is service, when veterans benefits kick in. killed in the line of duty. I applaud all quickly becoming the front door. We The traumatic injuries covered under of those efforts for our veterans and need more agents; it is that simple. our amendment include total and per- their survivors. I also remind my col- That border is long. Agents can only manent loss of sight, loss of hands or leagues we must be vigilant in our care cover so much territory. The agents feet, total or permanent loss of speech, for those who are still fighting to re- need training and facilities.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4096 CONGRESSIONAL RECORD — SENATE April 21, 2005 In addition to personnel and training, things done, but because the rules vision between the two parties. The we must also employ the latest tech- make it so hard. Because the Senate’s rules of the Senate lead to the result: nologies. The Border Patrol conducted rules require Senators to assemble ma- ‘‘Out of many, one.’’ The rules of the successful tests using unmanned aerial jorities of three-fifths, and sometimes House lead to the result: ‘‘Out of many, vehicles—around here known as two-thirds, the rules force Senators to two.’’ UAVs—along the southwest border in find policy positions that appeal more The Senate’s rules are particularly Arizona for surveillance and detection broadly, that transcend party, that important to a State with a small pop- of individuals attempting to enter the bring more Senators together. ulation, such as my home State of U.S. illegally. Unfortunately, those op- Because its rules make it so hard to Montana. This is particularly true in erations were ceased at the end of Jan- get things done, the Senate does much light of the small House delegation uary of this year. Thankfully, the of its work through the ultimate ex- that such small States have. Montana, funds provided in Senator BYRD’s pression of unity—through unanimous as several other States, has one Rep- amendment will allow for the imme- consent. resentative in the House. States such diate resumption of these surveillance Because the Senate’s rules make it as Montana rely on their Senators to and detection operations. UAVs are a hard to get things done, Senators must allow their relatively greater influence safe alternative to placing civilians in work together to get things done. Be- to protect their interests. Without the harm’s way. cause the Senate’s rules make it hard Senate rules, rural America would have It is up to all of us in Congress—not to get things done, no Senator may a much harder time getting heard. just today, but in future days and completely disrespect a second Senator Sometimes it is good that the Senate’s weeks and months—to make sure the because a second Senator might hold rules require more than a thin major- Border Patrol gets the help it needs. up the first Senator’s legislation. ity, in order to make sure that every We must deliver the funds our border Because the rules make it harder to part of the country is truly rep- security personnel deserve to continue get things done, the Senate has resented. their work of apprehending illegal collegiality and comity. It is that sim- Fundamental to the Senate’s rules, aliens, fighting the war on terrorism, ple. The rules make it harder to get for two centuries, has been the right to and keeping the homefront safe. things done, and that forces us to- extended debate. In the First Congress, I might add, it also applies to gether. Because the Senate rules make Senators debated at length the perma- methamphetamines. There is a lot of it harder to get things done, Senators nent site for the Capitol. In 1811, the that coming into our country across of one party must reach out to the House of Representatives provided that our borders. It is a huge problem. I moderates of another party. a motion for the previous question daresay virtually every State in the Let me state for the record, as my could cut off further debate. But the Nation has a significant methamphet- colleagues already know, I am one of Senate rules have not included such a amine problem, and too much is being those moderates. Since 1978, I have motion since the 1806 codification of used by citizens in States. A lot of it is worked in this Chamber to put Mon- the rules. We cannot summarily cut off manufactured locally, but a lot is also tana first, to use common sense, to be debate, as the House can. And even imported. So more Border Patrol effective, and to get things done. Be- after the Senate adopted rule XXII of agents will help us fight not only ter- cause of the way the Senate works and cloture in 1917, the Senate rules have rorism, but the scourge of because of the way I work, that has required a supermajority to bring de- methamphetamines. meant working together with other bate to a close. Since its revision in I yield the floor and suggest the ab- Senators, often across the aisle. 1979, rule XXII has required the affirm- sence of a quorum. I have worked together with Repub- ative vote of 60 Senators to limit de- The PRESIDING OFFICER. The licans to cut taxes, to reform environ- bate. clerk will call the roll. mental laws, to open international Thus, for two centuries, Democrats The assistant legislative clerk pro- markets to American trade, and to up- and Republicans alike have used the ceeded to call the roll. date Medicare to provide prescription Senate’s rules to protect the rights of Mr. BAUCUS. Madam President, I drugs. Why? Because all those are im- the minority party. After two cen- ask unanimous consent that the order portant, and it is important to work turies, it would be a mistake to change for the quorum call be rescinded. together to get those things done. those rules. The PRESIDING OFFICER. Without One of the reasons moderates, like Extended debate allows Senators to objection, it is so ordered. me, of both parties can move com- protect minority interests. Extended f promises and consensus legislation is debate gives life to the traditional because the rules of the Senate require story that Washington told Jefferson PRESERVING SENATE RULES getting more than a simple majority. that, like pouring coffee into a saucer, Mr. BAUCUS. Madam President, en- Contrast that with the House of Rep- ‘‘we pour legislation into the senato- graved in stone on the panel behind the resentatives. There the rules make it rial saucer to cool it.’’ Extended debate Presiding Officer are the words ‘‘E easy to get things done. But there, it is makes the Senate, in Aaron Burr’s pluribus unum’’—‘‘Out of many, one.’’ a rare exception when Members craft words, ‘‘a sanctuary; a citadel of law, The words also appear on the seal of legislation to appeal broadly, across of order, and of liberty.’’ the Senate, which appears on the flag party lines. There the majority passes The Senate’s rules thus help to pro- the Senators see to the right of the the legislation that represents the tect personal rights and liberties. The Presiding Officer. It is one of my favor- strongest achievable expression of the Senate’s rules help to ensure that no ite mottos. It is the motto of the majority party’s position. Unity is not one party has absolute power. The Sen- United States of America. The words their goal. ate’s rules help to give effect to the mean, ‘‘One unity, formed from many One might call the result majority Founder’s conception of checks and parts.’’ They represent the Senate well. rule, but the reality is that the product balances. For it is here in the Senate our Nation of the House of Representatives often The Senate’s right of extended debate has been brought together. It is here in represents an even smaller fraction. is particularly important in the con- the Senate our Nation’s leaders have The rules of the House of Representa- text of nominations for the lifetime worked out many of the great com- tives often encourage a majority of jobs of Federal judges. promises that have bridged the issues those in the majority party to decide At the Constitutional Convention, of the day. It is here in the Senate that policy and then to enforce that policy the Founders debated different ways to disparate interests in our Nation have within the majority caucus. Because appoint judges. On June 13, 1787, James become one. its rules make it so easy to get things Madison of Virginia proposed that the The Senate is a place of unity, a done, Representatives of one party Senate make the appointments to pro- place of compromise, and a place of steamroll the moderates of their own tect the integrity, the independence of consensus, because of its rules. The party, let alone of the other party. the third article; that is, the judges of Senate works to force unity, not be- Thus, the rules of the House of Rep- the United States of America. On June cause its rules make it easy to get resentatives foster sharper partisan di- 15, William Paterson of New Jersey

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4097 proposed that the President make the leader, Senator Bob Dole, that he I yield the floor, and I suggest the ab- appointments. On July 18, Nathaniel would rather resign from the Senate sence of a quorum. Gorham of Massachusetts proposed a than vote for the constitutional The PRESIDING OFFICER (Mr. COR- compromise, that the President make amendment to require a balanced budg- NYN). The clerk will call the roll. the appointment with the advice and et. Luckily, Senator Dole did not ac- The assistant legislative clerk pro- consent of the Senate. That is, they cept Senator Hatfield’s offer, and Sen- ceeded to call the roll. both decide; not just the President, not ator Dole later wrote: Mr. FRIST. Mr. President, I ask just the Senate, they both do, again, to While I strongly disagreed with his posi- unanimous consent the order for the protect the integrity of the independ- tion, I also respected any Senator’s right to quorum call be rescinded. The PRESIDING OFFICER. Without ence of our Federal judiciary. vote their conscience. The history of the Constitutional In retrospect, Republican Senators objection, it is so ordered. Convention thus demonstrates that the should see it was lucky for them that f Founders hoped that both the Presi- Senator Hatfield voted as he did. For if GLOBAL HEALTH CORPS ACT dent and the Senate could be involved the Constitution required a balanced Mr. FRIST. Mr. President, on Tues- in the process. budget, it would have required the ma- day, I introduced the Global Health In its application, the Senate’s in- jority party to make massive cuts in Corps Act of 2005. volvement in the confirmation of Government services during the 5 years As a doctor who has traveled the judges has helped to ensure that nomi- of deficits and, thus, if the Constitu- world treating patients in desperate nees have had the support of a broad tion required a balanced budget, the and war-ravaged lands, this cause is political consensus. The Senate’s in- voters would have long ago punished near and dear to my heart. volvement has helped to ensure that Republican Senators for the cuts they I believe, and I have seen, through the President could not appoint ex- would have made. They should thank the good works of many talented and treme nominees. The Senate’s involve- Senator Hatfield that it did not pass. compassionate men and women, that ment has thus helped to ensure that In the end, the sacrifices of these times medicine is not only an instrument of judges have been freer of partisanship ask that six Senators of the majority health, but a currency of peace. Heal- and, in fact, more independent. party stand up. The sacrifices that ing gives hope. And I have seen that The Founders wanted the courts to these times ask of six Senators from real, tangible, medical intervention be an independent branch of Govern- the majority party pales next to those can help bridge the gaps and misunder- ment, helping to exercise the Constitu- of an earlier generation. Benjamin standings that so often divide cultures. tion’s intricate systems of checks and Franklin, John Adams, and Thomas We see that phenomenon in Afghani- balances. The Senate’s involvement in Jefferson selected the words ‘‘e stan and Iraq. And we saw it in South the confirmation of judges has helped pluribus unum’’ as the Nation’s motto East Asia in the aftermath of the ter- to ensure that the judiciary can be on August 10, 1776. That was barely a rible tsunami tragedy. that more independent branch. And month after they had published the Immediately, American military that independence of the judiciary, in document, the Declaration of Inde- ships, planes and helicopters arrived to turn, has helped to ensure the protec- pendence, in which they had written: deliver food, water, medicine and tents tion of personal rights and liberties in We mutually pledge to each other our to the devastated region. The U.S. our country. Lives, our Fortunes and our sacred Honor. Agency for International Development set up a 24-hour, 7-day-a-week, Disaster It is important that we get good Just think of the courage of our Response Command Center here in judges. Over the years, this has been Founding Fathers when they wrote the one of the issues of greatest impor- Washington and abroad. Declaration of Independence to break Thousands of private citizens, reli- tance to me as a Senator. That is why away from England knowing if they I worked to set up a merit selection gious groups, small businesses and were apprehended, they would all be large corporations sent tens of millions system that is truly apolitical to select hanged. They knew that. Just think of of dollars in donations to help aid the judges that I recommend to the Presi- their courage. people of South East Asia. Many con- dent from my State of Montana. The On the occasion of signing the Dec- tinue to keep giving. America’s re- Senate’s rules help to make a merit se- laration, Benjamin Franklin is said to sponse, both official and private, was a lection possible. have warned: We must all hang to- portrait in compassion. I invite my colleagues to read the in- gether or surely we will all hang sepa- I had the opportunity to travel to the scription in the marble relief over the rately. region with the distinguished Senator Senate’s door to my left. There is in- Our Founders sought unity from the MARY LANDRIEU days after the tsunami scribed a single word: ‘‘Courage.’’ That very beginning. For unity, they were struck. Together, we surveyed the is what preserving the Senate’s rules willing to risk their fortunes. For damage, assessed the humanitarian will require: courage to stand up to the unity, they were willing to risk their needs, and witnessed American com- extremists; courage to stand up to the lives. How many here can say that? passion in action. majority of one’s party; courage to Today, to preserve the rules of the We spoke to doctors, nurses, officials save the institution itself. Senate that so foster unity, six Sen- and victims. One doctor I met in Sri For Senators of either party, the ators will be asked to risk much less. Lanka told me a remarkable story of simplest thing is usually to vote with To preserve this Senate, they need not compassion. He had e-mailed a plea for the party. Voting with the party makes offer their fortunes. To preserve this help just as the massive wave swamped it easier to go to the party caucus Senate, they need not offer their lives. his hospital. Within 2 days, a team of lunch. Voting with the party makes it But to preserve this Senate, they will Scandinavian physicians who had seen easier to hang on to a committee chair- need to offer their courage. the e-mail arrived to set up a pediatric manship. I call on my colleagues in the major- ward. To preserve this Senate will take the ity to follow the exhortations engraved Countless health care professionals courage of at least six Senators in the on the west door. I call on my col- from all over the world, both volun- majority party who are willing to vote leagues to recall the courage of our teers and government workers, rushed for the institution first before their Founders who risked their lives to give to the devastated region to offer assist- comfort at party lunches. It will take us this sacred inheritance of checks ance and supplies. the courage of six Senators in the ma- and balances. I call on my colleagues The outpouring of support from the jority party who are willing to risk to summon the courage to vote against world community, led by American ef- their chairmanships to protect the the effort to change the rules that forts, was truly extraordinary—a mov- Senate—indeed, the country itself. make the Senate the place we love so ing testament to our shared humanity. Let me offer this encouragement. I much, that would change the Senate so America is a giving nation. Indeed, recall a decade ago in 1995, Senator much so that it will dramatically un- America provides 60 percent of all food Mark Hatfield from Oregon, who was dermine the protection of liberties and humanitarian relief in the world. More- then the chairman of the Appropria- the protection of our rights that so over, the generosity of private citizens tions Committee, told his majority many Americans look to us to enforce. significantly amplifies official efforts.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4098 CONGRESSIONAL RECORD — SENATE April 21, 2005 It is this spirit of generosity that the tion, from both the private and public 3,300 law enforcement officers on Global Health Corps seeks to harness. sectors. Michigan streets and by supporting America possesses a vast reservoir of Some Health Corps volunteers will be other important programs. Nationwide, talent, knowledge, and compassion seasoned doctors, nurses, and medical the COPS Program has awarded more that can help heal, both literally and technicians. Others will enter the pro- than $11 billion in grants, resulting in figuratively, our global ties. gram with simply a passion for public the hiring of 118,000 additional police It was the famed violinist, Yehudi health, a willingness to learn, and a de- officers. Menhuhin, who said: sire to help others. In my home State, the Detroit Police Peace may sound simple—one beautiful The U.S. Government is already Department, DPD, used a COPS grant word—but it requires everything we have, doing a great deal of work in these to hire additional officers that were every quality, every strength, every dream, areas. But the Global Health Corps will needed to implement a 5-year commu- every high ideal. pull it all together, coordinate and nity policing plan. Prior to the COPS Providing health care services and focus our efforts, and tap into the pri- grant award, the DPD lacked sufficient training to those in need is one posi- vate sector both private organizations personnel to effectively cover high tive step we can take to demonstrate and individuals—to multiply our ef- crime areas. The community policing our goodwill and high ideals, and by forts. plan placed teams of officers in neigh- doing so, plant the seeds of hope and Like members of the Peace Corps and borhoods to combat rising crime rates peace. our many volunteers abroad, the Glob- and work with residents to develop The purpose of the Global Health al Health Corps will serve as a shining crime reduction strategies. The plan Corps is twofold. example of the American people, our resulted in a drop in the number of re- ported violent crimes as well as im- First and foremost, the Health Corps charity and goodwill. proved police-community relations. will help to improve the health, wel- In a speech in San Francisco on the The success of the Detroit Police De- fare, and development of communities eve of the 1960 Presidential election, partment illustrates the important in foreign countries and regions John F. Kennedy made the stark but role that COPS grants play in the safe- abroad. compassionate observation that: In too many places, simple things ty of communities around the country. There is not enough money in all America Unfortunately, authorization for the like vaccinations, first aid, clean to relieve the misery of the undeveloped COPS Program was permitted to expire water, and hygiene are unknown or world in a giant and endless soup kitchen. at the end of fiscal year 2000. Although woefully inadequate. Men, women and But there is enough know-how and enough the program has survived through the children especially children—suffer ter- knowledgeable people to help those nations annual appropriations process, it has rible illnesses that can be easily pre- help themselves. received significant funding cuts. In vented with basic health services. Indeed, as the famous proverb coun- fact, the Fiscal Year 2005 Omnibus Ap- The Health Corps bill seeks to pro- sels: propriations Act included only $606 vide a range of services from rapid re- Give a man a fish and he’s fed for a day. million for the COPS Program, $142 lief, like what we saw following the Teach him how to fish and he will be fed all million below the amount appropriated tsunami, to long-term assistance to ad- of his life. in 2004. In addition, President Bush’s dress endemic public health issues. It I am proud that Senator LUGAR, fiscal year 2006 budget would com- provides services such as veterinary Chairman of the Senate Foreign Rela- pletely eliminate the COPS hiring care, which is very important in devel- tions Committee, is co-sponsoring my grants. Despite the important positive oping countries, where livestock are bill. I urge my colleagues to join us in impact of the COPS Program in De- frequently a family’s means of nutri- this vital mission. troit and across the country, the Presi- tion, commerce, and wealth. In a world that is ever more con- dent justified his cuts by calling the A new Institute of Medicine survey nected by planes and computers, mar- program ‘‘nonperforming’’ and not hav- issued today reports that one of the kets and movements, our fate is bound ing ‘‘a record of demonstrating re- biggest obstacles to fighting HIV/AIDS ever closer with that of our neighbors— sults.’’ Our State and local law enforce- in Africa is the severe shortage of med- near and far, wealthy and poor. I call ment agencies know better and we ical personnel. upon my colleagues to advance our should listen to them. Sub-Saharan Africa has 25 percent of common humanity. Helping heal others The COPS Reauthorization Act the world’s HIV/AIDS cases, but only abroad—and showing them America’s would continue the COPS Program for 1.3 percent of the world’s health force. heart—will help all of us stay safer at another 6 years at a funding level of In Rwanda, for example, there are less home. $1.15 billion per year. This funding than two doctors per 100,000 people. f would allow State and local govern- If we are to maximize our help to SUPPORTING COPS ments to hire an additional 50,000 po- these countries, we need to strengthen lice officers over the next 6 years. In the medical delivery systems on the Mr. LEVIN. Mr. President, com- addition, the bill would modernize the ground. HIV/AIDS medicine does no bating violent crime, especially gun COPS Program by authorizing $350 mil- good sitting in boxes. Vaccines can’t crime, requires that our law enforce- lion in law enforcement technology protect children from preventable dis- ment agencies are adequately staffed grants to assist police departments in eases if there is no one to administer and equipped. I have been a strong sup- acquiring new technologies for the the shots. Strengthening the local in- porter of the Community Oriented Po- analysis of crime data and the exam- frastructure and teaching local citizens licing Services, COPS, program. The ination of DNA evidence, among other basic health skills will go a long way COPS Program has been critical to our uses. The COPS Reauthorization Act to addressing their medical needs. Nation’s law enforcement community would also build upon the accomplish- The second goal of the Global Health since its creation in 1994, and I am ments of the original COPS Program Corps is to deploy health care assist- pleased to join Senator BIDEN as a co- by authorizing $200 million in commu- ance as a tool of public diplomacy. sponsor of the COPS Reauthorization nity prosecutor grants. These grants John F. Kennedy recognized that our Act. would be used to hire community pros- assistance to other nations carries the The COPS Program was designed to ecutors trained to work at the local most weight when it involves personal, assist State and local law enforcement and neighborhood level to prevent intimate contact on the community agencies in hiring additional police of- crime and improve relations with resi- level and provides tangible benefits to ficers to reduce crime through the use dents. everyday people. This is why he estab- of community policing. In Michigan At a time when we are asking more lished the Peace Corps, and why this alone, 514 local and State law enforce- of our police departments than ever be- bill taps into the Peace Corps for vol- ment agencies have received more than fore, I believe we should be devoting unteers. $220 million in grants through the more resources to the COPS Program, The new Global Health Corps will COPS Program since its creation. not less. The increased threat of ter- draw together health care professionals These grants have improved the safety rorism as well as the continuing epi- and volunteers from around the Na- of communities by putting more than demic of gun violence underscores the

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4099 need for more resources for our law en- week ago, I called upon the Republican work together to fill judicial vacancies forcement agencies. Recognizing this, leadership to proceed to the confirma- with qualified, consensus nominees. we must build upon the past success of tion of Michael Seabright to the Dis- The vast majority of the more than 200 the COPS Program and continue to trict Court of Hawaii. I renew that judges confirmed during the last 31⁄2 work to provide police departments plea. years were confirmed with bipartisan with the tools and resources they need All Democrats on the Judiciary Com- support. to help keep our families and commu- mittee have been prepared to vote fa- The truth is that in President Bush’s nities safe. vorably on this nomination for some first term, the 204 judges confirmed f time. We were prepared to report the were more than were confirmed in ei- nomination last year but it was not ther of President Clinton’s two terms, LOCAL LAW ENFORCEMENT listed by the then-chairman on a com- more than during the term of this ENHANCEMENT ACT OF 2005 mittee agenda. I thank Chairman SPEC- President’s father, and more than in Mr. SMITH. Mr. President, I speak TER for including Mr. Seabright at our Ronald Reagan’s first term when he about the need for hate crimes legisla- meeting on March 17. The nomination was being assisted by a Republican ma- tion. Each Congress, Senator KENNEDY was unanimously reported and has jority in the Senate. By last December, and I introduce hate crimes legislation been on the Senate Executive Calendar we had reduced judicial vacancies from that would add new categories to cur- for more than a month. It is Senate Re- the 110 vacancies I inherited in the rent hate crimes law, sending a signal publicans who are resisting a vote on summer of 2001 to the lowest level, low- that violence of any kind is unaccept- this judicial nominee, not Democrats. I est rate and lowest number in decades, able in our society. Likewise, each understand that Mr. Seabright has the since Ronald Reagan was in office. Congress I have come to the floor to support of both of his home State Sen- The Hawaii judgeship at issue here highlight a separate hate crime that ators, both distinguished and highly re- has been vacant for more than 4 years, has occurred in our country. spected Democratic Senators. since December of 2000 when Judge Last month, a fifth person was ar- Once confirmed, Mr. Seabright will Alan Kay took senior status. President rested and charged with beating up a be the 206th of 216 nominees brought Clinton made a nomination to that teenager because of his sexual orienta- before the full Senate for a vote to be seat in advance of the vacancy, but the tion. The victim, an 18-year-old from confirmed. That means that 830 of the Republicans in control of the Senate Virginia, was at a gathering at his 875 authorized judgeships in the Fed- refused to act on it. They preserved the cousin’s home. Late that night, the eral judiciary, or 95 percent, will be vacancy for a Republican President. five assailants repeatedly kicked and filled. As late as it is in the year, we In 2002, President Bush nominated hit the victim with a chair because he would still be back on pace with that James Rohlfing to the vacancy. That was gay. set by the Republican majority in 1999, nomination failed, however, because in I believe that the Government’s first when President Clinton was in the the view of his home State Senators duty is to defend its citizens, to defend White House. That year, the Senate and the American Bar Association, he them against the harms that come out Republican leadership did not allow the was not qualified for the position. It of hate. The Local Law Enforcement Senate to consider the first judicial took the White House more than two Enhancement Act is a symbol that can nominee until April 15. Two judges additional years to agree. Finally, in become substance. By passing this leg- were confirmed in April and the third May 2004 that nomination was with- islation and changing current law, we was not confirmed until June. drawn by President Bush. can change hearts and minds as well. Of the 46 judicial vacancies now ex- The administration finally got it f isting, President Bush has not even right after consultation with the Ha- sent nominees for 28 of those vacancies, waii Senators. The President sent Mi- JUDICIAL NOMINATIONS AND THE more than half. I have been encour- chael Seabright’s name to the Senate NOMINATION OF MICHAEL aging the Bush administration to work last September. An outstanding attor- SEABRIGHT with Senators to identify qualified and ney who has experience in private prac- Mr. LEAHY. Mr. President, so far consensus judicial nominees and do so, tice as well as a sterling reputation as this year the Senate Republican leader- again, today. The Democratic leader an assistant U.S. attorney, Mr. ship has called up one judicial nomina- and I sent the President a letter in this Seabright merited consideration and tion. That is right, despite the fact regard on April 5, but have received no swift confirmation. Despite his reputa- that other nominations are on the Sen- response. tion as a law-and-order Republican, Re- ate Executive Calendar and ready to be It is now the third week in April, we publicans would not move on Mr. confirmed, it is the Republican leader- are more than one-quarter through the Seabright’s nomination last Congress. ship of the Senate that is delaying ac- year and so far the President has sent The President took his time renomi- tion on judicial nominations. only one new nominee for a Federal nating Mr. Seabright and even then it When the Senate finally turned to court vacancy all year—only one. In- took repeated requests to get his nomi- the nomination of Paul Crotty to be a stead of sending back divisive nomi- nation included on the agenda of the U.S. district court judge for the South- nees, would it not be better for the committee. When he was considered on ern District of New York on April 11, country, the courts, the American peo- March 17 he was reported with unani- that nomination was confirmed 95 to 0. ple, the Senate and the administration mous support. Senate Democrats have All Democrats present voted in favor of if the White House would work with us long supported and requested action on confirmation. Indeed, Senator SCHUMER to identify, and for the President to this nomination. and Senator CLINTON came to the floor nominate, more consensus nominees I have been urging this President and to speak in favor of the nominee. That like Michael Seabright who can be con- Senate Republicans for years to work is the only judicial nomination Senate firmed quickly with strong, bipartisan with all Senators and engage in gen- Republicans have been willing to con- votes? uine, bipartisan consultation. That sider all year. There has been no fili- I commend the Senators from Hawaii process leads to the nomination, con- buster of judicial nominees. Instead, it for their efforts to work cooperatively firmation and appointment of con- is the Senate Republican leadership to fill judicial vacancies. I only wish sensus nominees with reputations for that, through its deliberate inaction, is Republicans had treated President fairness. The Seabright nomination, keeping judgeships unnecessarily va- Clinton’s nominees to vacancies in Ha- the bipartisan support of his home cant for months. With the Crotty nom- waii with similar courtesy. Had they, State Senators, and the committee’s ination, I was the one asking for there would not have been the vacan- action by a unaimous, bipartisan vote months for the nomination to be con- cies on the Ninth Circuit and on the is a perfect example of what I have sidered, debated, voted on and con- district court. The work of the Sen- been urging. firmed. ators from Hawaii is indicative of the I have noted that there are currently At the time, I noted that another type of bipartisan efforts Senate Demo- 28 judicial vacancies for which the noncontroversial nomination was crats have made with this President President has delayed sending a nomi- ready for Senate action. More than a and remain willing to make. We can nee. In fact, he has sent the Senate

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4100 CONGRESSIONAL RECORD — SENATE April 21, 2005 only one new judicial nominee all year. reduce any incentive for a President to drogen research program under the I wish he would work with all Senators consult with home State Senators or Matsunaga Act, and adds important to fill those remaining vacancies rath- seek the advice of the Senate on life- demonstration, commercialization, and er than through his inaction and un- time appointments to the Federal judi- market driver mechanisms, using Fed- necessarily confrontational approach ciary. It is a leap not only toward one- eral Government procurement to help manufacture longstanding vacancies. It party rule but to an unchecked Execu- drive demand for new technology. is as if the President and his most par- tive. In order to be most effective, how- tisan supporters want to create a cri- Rather than blowing up the Senate, ever, we will need to enact the tax in- sis. let us honor the constitutional design centives necessary to encourage wide- Over the last weeks we have heard of our system of checks and balances spread investment, production and uti- some extremists call for mass impeach- and work together to fill judicial va- lization of hydrogen. Tax credits for ments of judges, court-stripping and cancies with consensus nominees. The fuel cell vehicles, for hydrogen fueling punishing judges by reducing court nuclear option is unnecessary. What is infrastructure, for hydrogen fuel from budgets. Now we are seeing an effort at needed is a return to consultation and renewable sources, and for stationary religious McCarthyism by which Re- for the White House to recognize and and portable fuel cells should all be publican partisans inject religion into respect the role of the Senate appoint- considered as part of a package of sup- these matters. Rather than promote ments process. port for the hydrogen economy. crisis and confrontation, I urge this The American people have begun to The measures proposed in this legis- President to disavow the divisive cam- see this threatened partisan power grab lation will require a significant Fed- paign and do what most others have for what it is and to realize that the eral investment in our energy future, and work with us to identify out- threat and the potential harm are but with these measures, we can use standing consensus nominees. It ill aimed at our democracy, at an inde- hydrogen and fuel cell technologies to serves the country, the courts and pendent and strong Federal judiciary realize our vision of cars that do not most importantly the American people and, ultimately, at their rights and pollute, of power that will not go out, for this administration and the Senate freedoms. and of true energy security. I urge the Republican leadership to continue f support of my colleagues for this vi- down the road to conflict. sionary legislation. The Seabright nomination shows how HYDROGEN AND FUEL CELL Mr. DORGAN. Mr. President, Senator TECHNOLOGY ACT OF 2005 unnecessary that conflict really is. Let HARKIN has shown great leadership in us join together to debate and confirm Mr. HARKIN. Mr. President, I am the effort to create a hydrogen fuel-cell these consensus nominees to these im- pleased to announce my support for an economy and I welcome his support portant lifetime posts on the federal important piece of legislation recently and look forward to working with him judiciary. introduced by Senator DORGAN and and other cosponsors as we move this It is the Federal judiciary that is Senator GRAHAM, the Hydrogen and legislation forward. called upon to rein in the political Fuel Cell Technology Act of 2005. f branches when their actions con- This legislation lays out a bold vision travene the Constitution’s limits on for the energy future of our Nation. It 90TH ANNIVERSARY OF THE governmental authority and restrict takes steps to secure the research, de- ARMENIAN GENOCIDE individual rights. It is the Federal judi- velopment, demonstration and market Mr. REED. Mr. President, I, along ciary that has stood up to the over- transition necessary to deliver on the with the Armenians in Rhode Island reaching of this administration in the tremendous promise of a ‘‘hydrogen and throughout the United States, as aftermath of the September 11 attacks. economy.’’ well as those around the world, recog- It is more and more the Federal judi- The economy of this country today nize the 90th anniversary of the Arme- ciary that is being called upon to pro- depends heavily on oil, much of which nian Genocide. tect Americans’ rights and liberties, we must import from countries with On the night of April 24, 1915, nation- our environment and to uphold the rule hostile and dangerous regimes. This de- alists in the Ottoman Empire rounded of law as the political branches under pendence on foreign oil threatens our up and executed 200 Armenian commu- the control of one party have over- national security, our economy and the nity leaders, sparking an 8-year cam- reached. Federal judges should protect environment. We must take the steps paign of tyranny that impacted the the rights of all Americans, not be se- now to find alternative sources of en- lives of every Armenian in Asia Minor. lected to advance a partisan or per- ergy and new ways of powering every- By 1923, an estimated 1.5 million Arme- sonal agenda. Once the judiciary is thing from cell phones to cars. This bill nians were murdered, and another filled with partisans beholden to the does exactly that. 500,000 were exiled. administration and willing to reinter- The Hydrogen and Fuel Cell Tech- The U.S. Ambassador to the Ottoman pret the Constitution in line with the nology Act funds the research and dem- Empire, Henry Morganthau, Sr., unsuc- administration’s demands, who will be onstration needed to develop key as- cessfully pleaded with President Wil- left to protect American values and the pects of a reliable, renewable hydrogen son to act. Morganthau later remem- rights of the American people? economy. The bill incorporates lan- bered the events of the genocide. ‘‘I am The Constitution establishes the Sen- guage from the Hydrogen Passenger confident that the whole history of the ate as a check and a balance on the Vehicle Act, which I introduced earlier human race contains no such horrible choices of a powerful President who in this Congress to provide funding for episode as this,’’ the Ambassador wrote might seek to make the Federal judici- projects to demonstrate the cost-effec- in his memoir. ‘‘The great massacres ary an extension of his administration tive production and distribution of hy- and persecutions of the past seem al- or a wholly owned subsidiary of any po- drogen from renewable sources, such as most insignificant when compared to litical party. Today, Republicans are ethanol. The bill also adopts several the sufferings of the Armenian race in threatening to take away one of the proposals from my Hydrogen and Fuel 1915.’’ few remaining checks on the power of Cell Energy Act, including support for Unfortunately, the United States, the executive branch by their use of hydrogen transportation corridor dem- and the world, did not intervene. what has become known as the nuclear onstrations, such as the Upper Midwest Today, on the 90th Anniversary, I am option. This assault on our tradition of Hydrogen Initiative. proud to be one of 32 Senators who checks and balances and on the protec- This legislation will fund develop- urged President Bush to refer to the tion of minority rights in the Senate ment of better fuel cell technology, of mass murder of Armenians as genocide and in our democracy should be aban- lighter, more efficient ways to store in his commemorative statement. Fail- doned. Eliminating the filibuster by hydrogen on board vehicles, and of less ing to do so, does not properly com- the nuclear option would destroy the expensive ways of converting renew- memorate this tragedy. Accurate ac- Constitution’s design of the Senate as able energy to hydrogen fuel. knowledgment of this event in human an effective check on the Executive. It updates the language and sets history is a small, but necessary, step The elimination of the filibuster would clearer priorities for the existing hy- to take.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4101 Today, dozens of Armenian soldiers Their Combat Arms Specialists per- part of our culture in Wisconsin, and are deployed to Iraq, carrying out hu- formed weapons qualifications for over the people in Wisconsin are very envi- manitarian operations in Karbala and 300 personnel in support of Operation ronmentally savvy. Every year I hold a al-Hilla, working as truck drivers, Iraqi Freedom. They completed these town hall meeting in each one of Wis- bomb detonators, and doctors. Arme- tasks while protecting the Northern consin’s 72 counties, and protecting the nian soldiers are also serving in border between Montana and Canada environment is a top issue. Kosovo, performing peace support oper- and collaborating with Montana’s I want to take this opportunity to ations. I believe their response of help- local, civil, and military emergency congratulate Mr. Nelson. He is a ing others in need is part of the healing services agencies. former member of this body, and I am process. These Armenians did not allow Under the leadership of Maintenance privileged to hold his Senate seat. He is others to be left as helpless as they Commander Lieutenant Colonel Ken- a distinguished former Governor of the were generations ago. dall Switzer, the members of the 120th State of Wisconsin, a recipient of the As a Nation, we must respond to acts Fighter Wing Maintenance Group Presidential Medal of Freedom, and a of oppression to ensure that victims of earned the Air National Guard’s Main- personal hero of mine. I salute Gaylord hatred and prejudice did not perish in tenance Effectiveness Award for their Nelson for changing the consciousness vain. We must stand as witnesses to extraordinary aircraft maintenance. of a Nation. He is the living embodi- protect people from persecution for the Their hard work and expertise sup- ment of the principle that one person simple reason they are different. Thus, ported three important missions: Oper- can truly change the world. we must be committed to properly re- ation Iraqi Freedom, the Alert Detach- membering the Armenian Genocide. ment at March Air Reserve base in During his 18 years of service in the Menk panav chenk mornar. (We will California, and the Combat Air Patrol Senate, Gaylord Nelson brought about never forget.) Missions of Operation Nobel Eagle. significant change for the ‘‘greener’’ in both our Nation’s law and the institu- f I offer a tremendous ‘‘Well Done’’ to the Air National Guard. Thank you to tion of the Senate itself. He is the co- MONTANA AIR NATIONAL GUARD your families, friends, employers and author of the Environmental Edu- Mr. BAUCUS. The National Guard is communities. The nation appreciates cation Act, which he sponsored with proving to be the backbone of our ef- you and in Montana we are proud of the senior Senator from Massachu- forts to protect America overseas, as our 120th Fighter Wing. setts, Mr. KENNEDY, and the Wild and they continue to play a pivotal role in Congratulations! Scenic Rivers Act, and he sponsored homeland security. I saw this first f the amendment to give the St. Croix hand 3 weeks ago when I spent a day and the Namekagon Rivers scenic pro- EARTH DAY 2005 working on the flight line with the tection. In the wake of Rachel Carson’s 120th Fighter Wing of our Air National Mr. FEINGOLD. Mr. President, not book Silent Spring, Gaylord Nelson, Guard in Great Falls, MT. many people can lay claim to a day, along with Senator Philip Hart of While doing pre-flight checks on F– but Gaylord Nelson can. On April 22, Michigan, directed national attention 16s and helping the ground crew with 1970, Gaylord Nelson created a day to to the documented persistent bio- their maintenance tasks, I gained a celebrate the glory of the Earth. Nel- accumulative effects of organochlorine new appreciation for the Guard’s con- son biographer Bill Christofferson asks pesticides used in the Great Lakes by tribution to our communities. ‘‘Where did Nelson get his lifelong in- authoring the ban on DDT in 1972. He Two-thirds of Montana’s Air Na- terest and dedication to the environ- was the primary sponsor of the Apostle tional Guard is made up of part-time ment? By osmosis, [Nelson] would say, Islands National Lakeshore Act, pro- citizen soldiers and their sacrifice is while growing up in Clear Lake Wis- tecting one of northern Wisconsin’s not going unnoticed. I am proud that I consin.’’ most beautiful areas. have the opportunity to reemphasize It’s true that Wisconsin has a tradi- And Senator Nelson, of course, was their contribution here today, in par- tion of great conservationists, Aldo the founder of Earth Day. Thanks to ticular, since the Air Guard has re- Leopold, author of Sand County Alma- him, here we are 35 years later taking cently made us very proud in Montana. nac; Sigurd Olson, one of the founders time out of our lives to think about Under the leadership of Colonel Mark of the Wilderness Society; and John conservation. An astonishing 20 million Meyer, our 120th Fighter Wing has been Muir, founder of the Sierra Club. But Americans, 10 percent of the U.S. popu- honored with three national awards for because of Gaylord Nelson, Wisconsin lation, participated in the first observ- 2004—the Air Force Outstanding Unit can lay claim to the genesis of Earth ance of Earth Day on April 22, 1970. Award, the Outstanding Security Day, a day of national and inter- American Heritage magazine described Forces Squadron of the Year Award, national remembrance of the impor- the event as ‘‘one of the most remark- and the Maintenance Group Effective- tance of our natural resources and a able happenings in the history of de- ness Award. clean environment. mocracy.’’ The day was marked by The Air Force Outstanding Unit While these great leaders are well marches, rallies, teach-ins, and con- Award recognizes the exemplary known for their conservation vision, certs. Fifth Avenue was closed for 2 achievements of the entire 120th Fight- Wisconsinites across the State do their hours and over 100,000 people celebrated er Wing. On short notice the Wing de- part every day to make that vision a Earth Day on Union Square in New ployed more than 200 airmen to the reality. From the backyards and parks York City. 332nd Air Expeditionary Wing at Balad of our cities and suburbs to our forests Air Base, Iraq, in support of Operation and farms, we take our stewardship of Earth Day is an event that in addi- Iraqi Freedom, and at home they acti- the land seriously. For example, our tion to changing the environmental vated 185 people to fight Montana’s sec- farmers continue to work with the sup- consciousness of the country literally ond largest wildfire season on record. port of Federal, State and local part- stopped the Senate. Members of both The Air Force also bestowed an nerships to prevent pollution, improve bodies voted to adjourn their respec- award on the Wing’s Security Forces wildlife habitat, and protect wetlands tive Houses in the middle of the legis- squadron, under the direction of Squad- and open spaces, investing millions of lative week to attend Earth Day ron Commander Major Donald dollars in hundred of thousands of events, an adjournment that would be Mahoney. They were honored with the acres each year, all while ensuring the extremely rare today. Twenty-two Sen- Air National Guard Security Forces land is healthy enough to produce food ators participated by giving Earth Day Unit Award. and raw materials for generations to speeches across the country. The Na- Among their standout achievements come. tional Education Association, NEA, es- was the logistical support they pro- I know that the people of Wisconsin, timated that 10 million school children vided to the South Dakota Air Na- living in such a beautiful and eco- celebrated in the first Earth Day. The tional Guard Security Forces while logically diverse State, feel a special States of New Jersey and New York their members conducted field training connection to our natural resources created State environmental agencies exercises at Fort Harrison in Helena. and share a long tradition of our State that week. And, once again, our guardsmen oper- government achieving excellence in its Earth Day has become an important ated on short notice. conservation policies. Conservation is part of who we are. From Milwaukee,

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4102 CONGRESSIONAL RECORD — SENATE April 21, 2005 WI, to Mumbai, India, millions of peo- lions around the world suddenly rose up and we are now facing efforts by some ‘‘new con- ple across the world are taking Senator pledged their support for a new campaign to servatives’’ to impose similar restrictions at Nelson’s legacy to heart. They are vol- save the natural environment. home. In 1993 American Heritage magazine called unteering tomorrow and this weekend On previous Earth Days we have offered a Earth Day ‘‘one of the most remarkable hap- solution: The President should set the stand- to conserve the environment whether penings in the history of democracy.’’ There ard by delivering a message to the Congress it is in their backyard, local river, or has been progress, of course, particularly in on the state of the environment, citing prior- park. public awareness of the critical role environ- ities that need to be addressed. Congress I hope that on this Earth Day 2005, ment plays in our lives and in the education then should hold hearings on these issues. the Congress will re-dedicate itself to and training of new environmental leaders. This would produce a ‘‘national dialogue’’ on achieving the bipartisan consensus on Environment has become a major political the sustainability of our environment, and protecting the environment that ex- issue. The public is prepared to support those provide a roadmap to the future. isted for nearly 2 decades. The Clean measures necessary to forge a sustainable so- Without Presidential leadership and Con- ciety, if the President and the Congress have gressional hearings, we cannot claim to be Water Act, for example, passed the the vision to lead us to that goal. taking seriously the most compelling threats Senate in 1971 by a vote of 86–0. When Unfortunately, the President and the Con- facing our society. President Nixon vetoed it, the Senate gress have not stepped up to the challenge of On environmental issues, our intelligence overrode his veto, 52–12. The Endan- providing national and world leadership on is reliable. Our scientists have the facts, if gered Species Act, which is under such the environmental crisis. we will only listen. It is a ‘‘slam dunk’’ that attack right now, was passed by the In fact, on some key issues, they are actu- we cannot continue on our present course. Senate on a 92–0 vote in 1973. ally resisting or reversing progress made in But without Presidential and Congressional the past 30 to 40 years. And without strong, Unfortunately, in recent years we leadership, even an enlightened public can- sustained leadership from the President and not cope with the greatest challenge of our have faced numerous proposals to roll Congress, the urgent challenge to protect the time.—Gaylord Nelson, Washington, DC, back the environmental and health and environment and create a sustainable soci- April, 2005. safety protections upon which Ameri- ety cannot succeed. Theodore Roosevelt Mr. FEINGOLD. I hope that Wiscon- cans depend. From clean water to clean made conservation a top priority for the Re- sinites and citizens across America air, the list of environmental rollbacks publican party, and many members of his take Senator NELSON’s words to heart. is stunning and disturbing. We need to party carried that torch over the years. Re- I hope that they use this Earth Day to work together to protect the environ- cently, however, the GOP leadership has abandoned this cause. collect their thoughts and voice their ment, not revert to the times when we There are many serious environmental opinions about the need to protect the saw the Cuyahoga River catch fire, problems confronting us. But two current en- environment and need for Congres- when at least one of the Great Lakes vironmental issues dramatize this failure of sional leadership on this issue. was considered ‘‘ecologically dead,’’ leadership—energy conservation, and popu- Wisconsinites value a clean environ- and when dumping of toxic wastes into lation control. Both are critical to the sus- ment, not just for purely aesthetic or rivers was standard operating proce- tainability of our society. In each case, there philosophical purposes, but because a dure. is not only a lack of wise national leadership but an apparent determination to turn back clean environment ensures that Wis- Gaylord Nelson stated on the 30th the clock. The surrender to special interests consin and the United States as a Anniversary of Earth Day: on these two issues makes a mockery of any whole remains a good place to raise a We have finally come to understand that claim to environmental awareness. family, start a business, and buy a the real wealth of a nation is its air, water, Egged on by the President, the Senate on soil, forests, rivers, lakes, oceans, scenic March 16 sneaked into the annual budget res- home. We understand that by pro- beauty, wildlife habitats, and biodiversity. olution a scheme to allow drilling for oil in tecting our environment we are pro- Take this resource away, and all that is left the pristine Arctic National Wildlife Refuge, tecting our economy. And, it is impor- is a wasteland. That’s the whole economy. protected in 1960 at the urging of great envi- tant on this Earth Day 2005 that we That is where the economic activity and all ronmentalists such as Sigurd Olson, Justice continue to fight for strong environ- the jobs come from. These biological systems William O. Douglas, and Wilderness Act au- mental laws, and we press for strong contain the sustaining wealth of the world. thor Howard Zahniser. The bill was signed by environmental leadership in Congress. As we continue to degrade them, we are President Eisenhower. Let’s continue to move forward, not consuming our capital. And in the process, This is not just a sabotage of environ- we erode our living standards and com- mental policy. It also undermines any hope roll back. promise the quality of our habitat. We are for a wise energy policy. When all the evi- veering down a dangerous path. We are not dence calls for bold steps to conserve energy f just toying with nature; we are compro- and develop alternative sources, this cynical mising the capacity of natural systems to do action implies that we can burn all the oil TAXPAYER PROTECTION AND what they need to do to preserve a livable we want and just move on to the next un- ASSISTANCE ACT world. tapped source, no matter where it might be. Mr. BINGAMAN. Mr. President, on Last night, Senator Nelson issued a We are told it may be 10 years before a Monday, April 18, 2005, I introduced S. statement to mark the 35th anniver- very modest amount of oil could be produced from this pristine refuge. And what would it 832, the Taxpayer Protection and As- sary of Earth Day and calling Earth cost in real terms? sistance Act of 2005. Day 2005 ‘‘a wake up call.’’ Senator For the President to call for oil drilling in I ask unanimous consent to have Nelson said: the Arctic Wildlife Refuge is like burning printed in the RECORD explanatory lan- the furniture in the White House to keep the On environmental issues, our intelligence guage to accompany that legislation. is reliable. Our scientists have the facts, if First Family comfortable. we will only listen. It is a ‘‘slam dunk’’ that Equally critical is the failure of the Presi- There being no objection, the mate- we cannot continue on our present course. dent and Congress to confront the issue of rial was ordered to be printed in the But without Presidential and Congressional population control, in our own rapidly grow- RECORD, as follows: leadership, even an enlightened public can- ing country and the rest of the world. ANALYSIS OF TAXPAYER PROTECTION AND A ‘‘Rockefeller Report’’ in 1972, issued by not cope with the greatest challenge of our ASSISTANCE ACT time. the President’s commission on population growth, urged the U.S. to move vigorously to (1) LOW-INCOME TAXPAYER CLINICS I agree with this assessment, and I stabilize our population at about 200 million Present Law. The Internal Revenue Code ask unanimous consent that the full as rapidly as possible. Since then our popu- (the ‘‘Code’’) provides that the Secretary is text of Senator Nelson’s 35th anniver- lation has ballooned to 282 million, and is ex- authorized to provide up to $6 million per sary of Earth Day statement be printed pected to reach 500 million between 2060 and year in matching grants to certain low-in- in the RECORD. 2070. We are heading into a century in which come taxpayer clinics. Eligible clinics are There being no objection, the mate- we will double and triple our population in a those that charge no more than a nominal rial was ordered to be printed in the short time. fee to either represent low-income taxpayers Worldwide population projections are in controversies with the IRS or provide tax RECORD, as follows: equally chilling. A series of international information to individuals for whom English EARTH DAY ANNIVERSARY 2005—A WAKE UP conferences have called for bold action to is a second language (‘‘controversy clinics’’). CALL control population growth. No clinic can receive more than $100,000 per The 35th anniversary of Earth Day is a so- Yet the United States in recent years has year. bering occasion. On previous anniversaries become an aggressive opponent of family A ‘‘clinic’’ includes (1) a clinical program we have hailed this ‘‘new awakening’’ as mil- planning programs in other countries, and at an accredited law, business, or accounting

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4103 school, in which students represent low-in- For those taxpayers who use a paid tax prac- resentatives practicing before the Treasury come taxpayers, or (2) an organization ex- titioner, compliance with the tax laws and allows transparent proceedings involving empt from tax under Code section 501(c) hinges on the practitioners competence and practitioners to provide accountability for which either represents low-income tax- ethical standards. The IRS’s lack of over- both the practitioners and the discipline au- payers or provides referral to qualified rep- sight over such practitioners therefore con- thority (i.e., the IRS). resentatives. tributes to noncompliance. Further, improv- The Secretary may impose fees for the reg- Explanation of Provision. The provision ing the accuracy of tax returns at the front- istration and renewal of enrolled preparers. authorizes $10 million in matching grants for end of the process, should reduce government The proposal provides that the fees paid for low-income taxpayer return preparation burden and intrusion on taxpayers through registration and renewal shall be available clinics (‘‘preparation clinics’’). These clinics enforcement. to the Office of Professional Responsibility may provide tax return preparation and fil- Requiring regulation of individuals pre- for the purpose of reimbursing the costs of ing services to low-income taxpayers, includ- paring Federal income tax returns and other administering and enforcing rules promul- ing those for whom English is a second lan- documents for submission to the IRS will gated by the Secretary regulating practice guage. The authorization of $6 million for improve the fairness and administration of before the Treasury. low-income controversy clinics under the tax system. Testing, education, ethical The proposal also provides that the Sec- present law is also increased to $10 million. training, and effective oversight of enrolled retary shall conduct a public awareness cam- The provision expands the scope of clinics preparers are critical elements to improving paign to encourage taxpayers to use only eligible to receive preparation clinic grants tax compliance. those professionals who establish their com- to encompass clinics at all educational insti- Description of Proposal. The proposal ex- petency under the regulations promulgated tutions. The provision prohibits the use of pands the Secretary’s authority to regulate under section 330 of title 31. The public grants for overhead expenses at both con- representatives practicing before the Treas- awareness campaign shall be conducted in a troversy clinics and preparation clinics. The ury to include individuals preparing for com- manner to inform the public of the registra- provision also authorizes the IRS to use pensation Federal income tax returns and tion requirements imposed on enrolled pre- mass communications, referrals, and other other submissions to the IRS (‘‘enrolled pre- parers and the general requirement that pre- means to promote the benefits and encour- parers’’). The types of practitioners author- parers must sign the return and provide age the use of low-income controversy and ized to practice before the IRS that are sub- their registration number on the return. preparation clinics. ject to oversight under regulations in effect The proposal increases the penalties on tax Effective Date. The provision is effective on the date of enactment of the proposal are return preparers who fail to sign a return or for grants made after the date of enactment. excluded from the regulations establishing fail to provide an identifying number on a re- eligibility requirements for compensated (2) ENROLLED AGENTS turn from $50 to $500 per return. In addition, preparers (i.e., Enrolled Agents, Certified Present Law. The Secretary is authorized amounts collected from the imposition of Public Accountants, and attorneys). penalties under section 6694 and 6695 or under to regulate the practice of representatives of The Secretary of the Treasury is required the regulations promulgated under section persons before the Department of the Treas- to issue regulations no later than one year 330 of title 31 shall be directed to the Office ury. Circular No. 230, promulgated by the after the date of enactment establishing eli- of Professional Responsibility for the admin- Secretary, provides rules relating to practice gibility requirements for enrolled preparers istration of the public awareness campaign. before the Department of the Treasury by at- to practice before the Treasury. Such regula- The proposal also permits the Secretary to torneys, certified public accountants, en- tions will require the initial registration of use any funds specifically appropriated for rolled agents, enrolled actuaries, and others. enrolled preparers, as well as a process for earned income credit compliance to improve Explanation of Provision. The provision regularly renewing the initial registration. compliance with the rules regulating prac- adds a new section to the Code permitting Enrolled preparers renewing their registra- tice before the Treasury. the Secretary to prescribe regulations to tion shall be required to establish comple- regulate the conduct of enrolled agents in re- Effective date. The provision is effective tion of continuing education requirements in on the date of enactment. gard to their practice before the IRS and to a manner set forth by the Treasury in regu- permit enrolled agents meeting the Sec- lations. The Secretary is expected to mini- (4) REGULATION OF REFUND ANTICIPATION LOAN retary’s qualifications to use the credentials mize the burden and cost on those subject to FACILITATORS or designation ‘‘enrolled agent’’, ‘‘EA’’, or the registration requirement to the extent Present Law. The Secretary of the Treas- ‘‘E.A.’’. feasible. Thus, the Secretary is authorized to ury is authorized to regulate the practice of Effective Date. The provision is effective define the scope of the registration require- representatives of persons before the Depart- on the date of enactment. ment in a manner that accomplishes this ment of the Treasury. The rules promulgated (3) REGULATION OF PRACTICE BEFORE THE goal. by the Secretary pursuant to this provision DEPARTMENT OF THE TREASURY The proposal requires the Secretary to de- are contained in Circular 230. In general, the Present Law. The Secretary of the Treas- velop and administer an examination to es- preparation and filing of tax returns (absent ury is authorized to regulate the practice of tablish the competency of enrolled pre- further involvement) has not been considered representatives of persons before the Depart- parers. The examination for the enrolled pre- within the scope of these Circular 230 provi- ment of the Treasury. The Secretary is also parers should test the applicant’s technical sions. authorized to suspend or disbar from prac- knowledge to prepare Federal tax returns The tax code also imposes penalties on per- tice before the Department a representative and knowledge of ethical standards. More- sons who fail to follow various tax code re- who is incompetent, who is disreputable, who over, the examination shall be designed to quirements in the process of preparing and violates the rules regulating practice before include testing on technical issues with high filing tax returns on behalf of taxpayers. the Department, or who (with intent to de- rates of erroneous reporting, such as claims Present law does not contain any provision fraud) willfully and knowingly misleads or for the earned income credit. The Secretary regulating the conduct of persons who pro- threatens the person being represented (or a is authorized to contract for both the devel- vide refund anticipation loans to individual person who may be represented). The rules opment and administration of any examina- taxpayers in connection with the filing of promulgated by the Secretary pursuant to tion. The contract authority includes allow- tax returns. this provision are contained in Circular 230. ing the Secretary to establish the param- Reasons for Change. There is concern with Although permitted by statute, the prepara- eters that the examination must meet and the use of tax refunds and the IRS’s direct tion and filing of tax returns and other sub- authorize the use of an examination that is deposit indicator acknowledgement as a missions (absent further involvement) has not, however, developed or administered by means for selling refund anticipation loans not been considered within the scope of these the IRS. Further, efficiencies will be gained to taxpayers, particularly low-income tax- Circular 230 provisions. by coordinating the examination require- payers. Requiring regulation of refund an- Reasons for Change. In her 2003 annual re- ment with the enrolled agent exam (the Spe- ticipation loan facilitators will increase the port to the Congress, the National Taxpayer cial Enrollment Examination (SEE)). ability of the IRS to hold such facilitators Advocate noted that over 55 percent of the To enhance the regulation of practice be- accountable. Increasing the information that 130 million U.S. individual taxpayers paid a fore Treasury, the proposal establishes the must be disclosed, both orally and in writ- return preparer to prepare their 2001 Federal Office of Professional Responsibility within ing, to the taxpayer in connection with a re- income tax returns and that of the 1.2 mil- the IRS under the supervision and direction fund anticipation loan will heighten tax- lion known tax return preparers, one-quarter of the Director, an official reporting directly payer awareness of the true costs and con- to one-half are not regulated by any licens- to the Commissioner, IRS. The Director, Of- sequences of a refund anticipation loan. ing entity or subject to minimum com- fice of Professional Responsibility will be en- Description of Proposal. The proposal re- petency requirements. Fifty-seven percent of titled to compensation at the same rate as quires the annual registration of refund loan the earned income credit overclaims were at- the highest rate of basic pay established for facilitators with the Secretary of the De- tributable to returns prepared by paid pre- the Senior Executive Service, or, if higher, partment of the Treasury. A refund loan parers. at a rate fixed under the critical pay author- facilitator is any person who originates the Tax practitioners play an important role ity established under section 9503 of title 5. electronic submission of income tax returns in the tax system. While certain individuals The proposal also authorizes the Secretary for another person and, in connection with authorized to practice before the IRS are al- to appoint administrative law judges to con- the electronic submission, solicits, proc- ready subject to oversight, many are not. duct hearing of sanctions imposed on rep- esses, or otherwise facilitates the making of

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4104 CONGRESSIONAL RECORD — SENATE April 21, 2005 a refund anticipation loan to the individual (5) TAXPAYER ACCESS TO FINANCIAL ADDITIONAL STATEMENTS taxpayer on whose behalf the tax return is INSTITUTIONS submitted. It is intended that the Secretary, in promulgating regulations under this pro- Present Law. A large number of individual TRIBUTE TO FIRST MISSIONARY taxpayers do not have bank accounts. Be- posal, will require refund loan facilitators to BAPTIST CHURCH OF LITTLE ROCK submit an annual application that includes cause of this, these taxpayers are unable to the name, address, and TIN of the applicant participate fully in electronic filing, because ∑ Mrs. LINCOLN. Mr. President, I rise and a schedule of the applicant’s fees for IRS cannot electronically transmit to them today to honor one of the oldest houses such year. their tax refunds. of worship in Arkansas. This month the The proposal requires refund loan Reasons for Change. Effectiveness of tax First Missionary Baptist Church of Lit- facilitators to disclose to taxpayers, both incentives and assistance programs are di- tle Rock, AR, will celebrate its 160th orally and in writing, that they may file an minished when individuals do not have an electronic tax return without applying for a anniversary. account at a financial institution. For exam- refund anticipation loan and the cost of fil- The First Missionary Baptist Church ple, the benefits received through the Earned ing such an electronic return compared to was founded in 1845 by Wilson Brown, a the cost of the refund anticipation loan. In Income Tax Credit incentive diminishes slave, who felt led by God to establish addition, the proposal requires refund loan when taxpayers redirect their tax refund in a house of worship. In order to fully exchange for a refund anticipation loan. In facilitators to disclose to taxpayers all fees understand this remarkable achieve- and interest charges associated with a refund contrast, if such taxpayers had an account at an insured financial institution, such tax re- ment we must look at the era in which anticipation loan and provide a comparison this church was founded. with fees and interest charges associated fund could be directly deposited into the tax- with other types of consumer credit, as well payer’s account without a reduction for fees First Missionary Baptist Church was as fees and interest charges for similar re- paid to a refund anticipation loan established 15 years before the Civil fund anticipation loans. Refund loan facilitator. War began and 18 years before the facilitators also must disclose to taxpayers Between 25 and 56 million adults are do not Emancipation Proclamation. Men and the expected time within which tax refunds have an account with an insured financial in- women of African descent during those are typically paid based on different filing stitution. These individuals rely on alter- times were viewed as property and had options, the risk that the full amount of the native financial service providers to cash no legal rights. It certainly took cour- refund may not be paid or received within checks, pay bills, send remittances, and ob- age and vision to establish a church the expected time, and additional costs the tain credit. Many of these individuals are taxpayer may incur in connection with the under such circumstances. low- and moderate-income families. Pro- Over the years, the First Missionary refund anticipation loan if the tax refund is moting the establishment of accounts with delayed or not paid. Baptist Church family has been a wit- an insured financial institution will allow In addition to the above disclosure require- ness to history. Many important fig- ments, refund loan facilitators must disclose the taxpayer to keep more of his or her tax refund and encourage savings. ures of the civil rights movement have to taxpayers whether the refund anticipation stood in First Missionary’s pulpit to loan agreement includes a debt collection Description of Proposal. The proposal au- deliver stirring messages. offset arrangement. Debt collection offsets thorizes the Secretary of the Department of Reverend Roland Smith, the church’s are arrangements between refund loan the Treasury to award demonstration project facilitators and a taxpayer’s creditor to off- grants (totaling up to $10 million) to eligible fifth pastor, was active in the civil set the taxpayer’s expected refund against an entities to provide tax preparation assist- rights movement and invited powerful outstanding liability owed to the creditor. ance in connection with establishing an ac- leaders such as Dr. Benjamin Elijah There is concern with the potential abuse of count in a federally insured depository insti- Mays and Dr. Martin Luther King, Jr. individual taxpayers through the use of such tution for individuals that do not have such to speak from the pulpit. Dr. King arrangements by refund loan facilitators. To an account. Entities eligible to receive spoke in April 1963, just 4 months be- discourage their use, refund loan facilitators grants are: tax-exempt organizations de- fore the ‘‘March on Washington’’, and must fully disclose to taxpayers any ar- scribed in section 501(c)(3), federally insured his famous ‘‘I have a dream’’ speech. rangements to offset a taxpayer’s expected depository institutions, State or local gov- refund against an outstanding liability. The The podium and bible he used that day ernmental agencies, community develop- are still on display in the vestibule of Secretary is authorized to require refund ment financial institutions, Indian tribal or- the church sanctuary. loan facilitators to disclose any other infor- ganizations, Alaska native corporations, na- mation deemed necessary. The provision tive Hawaiian organizations, and labor orga- In 1991, the church hosted another does not preempt state laws or political sub- nizations. great leader, the Governor of Arkansas division thereof. Bill Clinton. A few short months later The proposal permits the Secretary to im- The provision requires the Secretary, in Gov. Clinton launched his bid to be- pose monetary penalties on refund loan consultation with the National Taxpayer Ad- facilitators who fail to meet the registration vocate, to study the delivery of tax refunds come President of the United States. I or disclosure requirements, unless such fail- through debit cards or other electronic guess you might say that the pulpit at ure was due to reasonable cause. The penalty means, in addition to those methods pres- First Missionary Baptist Church is a for failure to register is not to exceed the ently available. The purpose of the study is launching pad to greatness. gross income derived from all refund antici- to assist those individuals who do not have Although First Missionary Baptist pation loans during the period the refund access to financial accounts or institutions Church has great historical signifi- loan facilitator was not registered. The pen- to obtain access to their tax refunds. The cance, its spiritual significance is most alty for failure to disclose the information Secretary shall submit a report to Congress important. For 160 years, this church required by the proposal is not to exceed the with the results of the study not later than has been a beacon of hope and a spir- gross income derived from all refund antici- one year after the date of enactment. pation loans with respect to which the re- itual oasis to thousands of Arkansans. Effective Date. The proposal is effective on fund loan facilitator failed to provide the re- This church has worked hard to fulfill the date of enactment. quired disclosure information. The proposal the calling of Christ spoken of in the also permits the Secretary to disclose the (6) USE OF PRACTITIONER FEES 4th chapter of Luke—to preach the gos- name of or penalty imposed upon any refund pel to the poor; to heal the broken- loan facilitator who fails to meet the reg- Present Law. The Tax Court is authorized hearted; to preach deliverance to the istration or disclosure requirements. to impose on practitioners admitted to prac- captives; and recovering of sight to the The proposal provides that the Secretary tice before the Tax Court a fee of up to $30 shall conduct a public awareness campaign per year. These fees are to be used to employ blind; to set at liberty them that are to educate the public on the costs associated independent counsel to pursue disciplinary bruised, to preach the acceptable year with refund anticipation loans, including the matters. of the Lord. In the end, that is First costs as compared to other forms of credit. Explanation of Provision. The provision Missionary Baptist Church’s greatest ∑ The public awareness campaign shall be con- provides that Tax Court fees imposed on legacy. ducted in a manner that educates the public practitioners also are available to provide f on making sound financial decisions with re- services to pro se taxpayers who may not be spect to refund anticipation loans. Amounts ONCOLOGY NURSING SOCIETY familiar with Tax Court procedures and ap- collected from the imposition of penalties on plicable legal requirements. Fees may be ∑ Mrs. FEINSTEIN. Mr. President, I refund loan facilitators shall be directed to used for education programs for pro se tax- rise today to pay tribute to oncology the IRS for the administration of the public payers. awareness campaign. nurses. May 1 marks the beginning of Effective date. The proposal is effective on Effective Date. The provision is effective the 10th annual Oncology Nursing Day the date of enactment. on the date of enactment. and Month and this year marks the

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4105 30th Anniversary of the Oncology Nurs- therapy, managing patient therapies John Ed is blessed with a wonderful ing Society. and side-effects, and providing coun- family. I suspect that his newfound As co-chair of the Senate Cancer Coa- seling to patients and family members. free time will give him the opportunity lition, I would like to recognize that I thank all of our Nation’s oncology to enjoy more time with his wife Jean, oncology nurses play an important and nurses for their dedication to our Na- son J, daughter-in-law Kim and grand- essential role in providing quality, tion’s cancer patients, especially those daughter Samantha Jean. Incidentally, comprehensive cancer care. These who care for cancer patients in Cali- J Willoughby has assumed the reins nurses are principally involved in the fornia. I commend the Oncology Nurs- from his father, and is on the air with administration and monitoring of ing Society for all of its efforts and Richard Dixon. chemotherapy and the associated side- leadership over the last 30 years and John Ed has been a great friend to effects patients experience. As anyone congratulate its leaders and members me and a familiar and loyal voice to so ever treated for cancer—or who has a on its 30th Anniversary. The Oncology many in Alabama. He will be greatly loved one who has been treated—will Nursing Society has contributed im- missed by his devoted listeners, but I tell you, oncology nurses provide qual- mensely to the quality and accessi- am certain they join me in wishing him ity clinical, psychosocial and sup- bility of care for all cancer patients the very best as he embarks on many portive care to patients and their fami- and their families, and I urge my col- new endeavors.∑ lies. In short, they are integral to our leagues to support the Society and on- f Nation’s cancer care delivery system. cology nurses in their important en- IN RECOGNITION OF DR. PAUL W. The Oncology Nursing Society is the deavors.∑ DOERRER largest organization of oncology health f professionals in the world, with more ∑ Mr. BOND. Mr. President, it is a than 31,000 registered nurses and other TRIBUTE TO JOHN ED privilege today to bring to the atten- health care professionals. Since 1975, WILLOUGHBY tion of my colleagues the accomplish- the Oncology Nursing Society has been ∑ Mr. SHELBY. Mr. President, I rise ments of Dr. Paul W. Doerrer, the 2005 dedicated to excellence in patient care, today to pay tribute to a good friend recipient of the Missouri Association of teaching, research, administration and who recently retired after three dec- School Administrators’ Robert L. education in the field of oncology. The ades on the radio. John Ed Willoughby, Pearce Award. The Pearce Award is the Society’s mission is to promote excel- who has been a familiar voice on most prestigious honor that can be be- lence in oncology nursing and quality WAPI-AM 1070s morning talk-radio stowed on a school superintendent in cancer care. show, ‘‘The Breakfast Club,’’ signed off the State of Missouri, particularly so The Oncology Nursing Society has 19 on April 15, 2005. John Ed’s last day on because the honoree is selected by a chapters in my home State of Cali- the air was the 30th anniversary of his committee of peers. fornia, which support our oncology first day on the air: April 15, 1975. Over The Ritenour School District in St. nurses in their ongoing efforts to pro- the years, I had many opportunities to Louis County has been fortunate to vide outstanding quality cancer care to join John Ed on the air, and I always have the leadership skills of Dr. patients and their families throughout appreciated his candid, honest, and hu- Doerrer for the past 35 years. The Mis- our State. morous demeanor. souri Legislature and State board of Cancer is a complex, multifaceted John Ed was born February 3, 1935, in education were in the forefront and en- and chronic disease. Each year in the Birmingham, AL. He attended West acted standards-based education long United States, approximately 1.37 mil- End High School, where he excelled on before the passage of No Child Left Be- lion people are diagnosed with cancer, the athletic field as quarterback of the hind. In fact, the standards set in Mis- another 570,000 lose their battles with football team, and captain of the base- souri are among the highest in the Na- this terrible disease, and more than 8 ball and basketball teams. tion. Under the able instructional lead- million Americans count themselves He attended the University of Ala- ership of Dr. Doerrer, the Ritenour among a growing community known as bama in Tuscaloosa, which is where School District has not only met but in cancer survivors. our friendship began. We met as stu- many cases has exceeded the rigorous In 2005, the American Cancer Society dents at the University of Alabama, goals our State has set for student estimates that in the State of Cali- and it was there that we both served as achievement of adequate yearly fornia there will be 135,030 new cancer members of the Delta Chi fraternity. progress. In addition, under Dr. diagnoses, and 56,090 cancer deaths. At His radio career began in 1975 on Doerrer’s able leadership, the Ritenour the same time, in 2005, the Health Re- WSGN radio with cohost Tommy School District was recently named as sources and Services Administration, Charles. The duo was an instant suc- one of the ‘‘Best Places to Work’’ by HRSA, estimates that in the State of cess and became Birmingham’s top the St. Louis Business Journal. California there will be a shortage of rated radio morning show for 81⁄2 years. Dr. Doerrer has truly exemplified in- 18,409 nurses or a ten percent unmet John Ed and Tommy then moved to structional leadership in our State. need for nurses overall. WVOK-AM/WQUS-FM for a short time Whether it is staff development, in- We must do more as a Nation to pre- before going to WERC radio in 1985. structional technology, human re- vent and reduce suffering from cancer They were a talk radio force to be sources, or data driven decision- and to support the oncology nursing reckoned with, remaining No. 1 in Bir- making, Dr. Doerrer has provided the workforce. mingham, until Tommy’s passing in vision and energy that has brought dis- Every day, oncology nurses see the 1996. Following Tommy’s death, Doug tinction to the Ritenour School Dis- pain and suffering caused by cancer Layton joined John Ed and they stayed trict. It is with admiration that I and understand the physical, emo- on the air until February of 1998. In honor Dr. Doerrer today and congratu- tional, and financial challenges that June of 1998, John Ed joined his son, J late him as the 19th recipient of the people with cancer face throughout Willoughby and Scott Michaels for a Robert L. Pearce Award.∑ their diagnosis and treatment. morning show devoted to talk radio on f Over the last ten years, the setting WAPI-AM called ‘‘The Breakfast ´ where treatment for cancer is provided Club.’’ He would finish out his career ATTACHE SHOW CHOIR has changed dramatically. An esti- at WAPI. ∑ Mr. LOTT. Mr. President, the mated 80 percent of all cancer patients I have had the pleasure of being Attache´ Show Choir from Clinton High receive care in community settings, in- interviewed by John Ed numerous School in Clinton, MS, is celebrating 25 cluding cancer centers, physicians’ of- times over the years. Whether it was years of excellence and has gained na- fices, and hospital outpatient depart- in-studio in Birmingham, in Wash- tional recognition as the premier show ments. Oncology nurses are involved in ington during one of his visits, or over choir in the country for its outstanding the care of a cancer patient from the the phone, John Ed has been inform- winning tradition. The Clinton High beginning through the end of treat- ative and fair. His listeners could count School Attache´ Show Choir was formed ment, and they are the front-line pro- on a funny and enlightening show in September 1980 by Winona Costello. viders of care by administering chemo- every morning. Since 1992, the award winning Attache´

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4106 CONGRESSIONAL RECORD — SENATE April 21, 2005 Show Choir has been under the direc- Ms. Niland, one of its reading clerks, S. 870. A bill to prohibit energy market tion of David and Mary Fehr who truly announced that the House has passed manipulation. have a passion for excellence. the following bills in which it requests S. 871. A bill to amend title 10, United Since 1980, Attache´ has established a the concurrence of the Senate: States Code, to ensure that the strength of the Armed Forces and the protections and winning tradition by capturing 52 H.R. 504. An act to designate the facility of benefits for members of the Armed Forces Grand Champion titles, 5 second place the United States Postal Service located at and their families are adequate for keeping titles, and 4 third place titles in 64 4960 West Washington Boulevard in Los An- the commitment of the people of the United competitions during the last 25 years geles, California, as the ‘‘Ray Charles Post States to support their servicemembers, and at prestigious competitions throughout Office Building’’. for other purposes. the Nation. Nationally, Attache´ has H.R. 1001. An act to designate the facility S. 872. A bill to amend the Internal Rev- of the United States Postal Service located enue Code of 1986 to provide for the taxation achieved unprecedented recognition at 301 South Heatherwilde Boulevard in and has received numerous awards of income of controlled foreign corporations Pflugerville, Texas, as the ‘‘Sergeant Byron attributable to imported property. through the years for Best Vocals, Best W. Norwood Post Office Building’’. S. 873. A bill to amend title XVIII of the Choreography, Best Overall Effect, H.R. 1072. An act to designate the facility Social Security Act to deliver a meaningful Most Creative Show, Best Show De- of the United States Postal Service located benefit and lower prescription drug prices sign, Best Repertoire, Best Costume at 151 West End Street in Goliad, Texas, as under the medicare program. Design, Best Visuals, Best Instru- the ‘‘Judge Emilio Vargas Post Office Build- S. 874. A bill to establish a national health mental Combo, Best Rhythm Section, ing’’. program administered by the Office of Per- and Best Brass Section competing The message also announced that the sonnel Management to offer health benefits against choirs from all over the Na- House has agreed to the following con- plans to individuals who are not Federal em- ployees, and for other purposes. tion. In its last 35 competitions dating current resolution, in which it requests back to the 1995/1996 season, Attache´ the concurrence of the Senate: f has captured the Grand Champion title H. Con. Res. 126. Concurrent resolution ex- EXECUTIVE AND OTHER 33 times. During the last 15 consecutive pressing the condolences and deepest sym- COMMUNICATIONS ´ pathies of the Congress in the aftermath of competitions, Attache has captured The following communications were Grand Champion titles and therefore, the recent school shooting at Red Lake High School in Red Lake, Minnesota. laid before the Senate, together with has the longest grand champion win- f accompanying papers, reports, and doc- ning streak of any show choir in the uments, and were referred as indicated: Nation. ENROLLED BILL SIGNED In the last 10, Attache´ has had the EC–1833. A communication from the Prin- At 4:57 p.m., a message from the cipal Deputy Associate Administrator, Office privilege of hosting a number of com- House of Representatives, delivered by of Policy, Economics and Innovation, Envi- petitions, including Showstoppers Invi- Ms. Niland, one of its reading clerks, ronmental Protection Agency, transmitting, tational in Orlando, FL, and Show announced that the Speaker has signed pursuant to law, the report of a rule entitled Choir Nationals in Nashville, TN, ‘‘Benoxacor; Partial Grant and Partial De- the following enrolled bill: where they also performed the opening nial of Petition, and Amendment of Toler- number at the Grand Ole Opry in S. 167. An act to provide for the protection ance to Include S-Metolachlor’’ (FRL No. of intellectual property rights, and for other 7709–2) received April 18, 2005; to the Com- March 2005. During the 2005 competi- purposes. tion season, Attache´ captured Grand mittee on Agriculture, Nutrition, and For- estry. Champion titles at the 10th Anniver- The enrolled bill was signed subse- quently by the President pro tempore EC–1834. A communication from the Prin- sary Fame Show Choir Cup in Branson, cipal Deputy Associate Administrator, Office (Mr. STEVENS). MO; the Fame Show Choir America in of Policy, Economics and Innovation, Envi- Orlando, FL; the Petal Invitational in f ronmental Protection Agency, transmitting, Petal, MS and the Buchanan Invita- MEASURES REFERRED pursuant to law, the report of a rule entitled tional in Troy, MO. ‘‘Propiconazole; Re-Establishment of Toler- Attache´ has gained extensive praise The following bills were read the first ance for Emergency Exemption’’ (FRL No. and accolade for their remarkable tal- and the second times by unanimous 7709–3) received April 18, 2005; to the Com- consent, and referred as indicated: mittee on Agriculture, Nutrition, and For- ent, phenomenal showmanship, and ex- estry. H.R. 504. An act to designate the facility of traordinary success. It is with great EC–1835. A communication from the Prin- the United States Postal Service located at pride to recognize the contributions of cipal Deputy Associate Administrator, Office 4960 West Washington Boulevard in Los An- this nationally known musical group of Policy, Economics and Innovation, Envi- geles, California, as the ‘‘Ray Charles Post ronmental Protection Agency, transmitting, which has brought honor to its school, Office Building’’; to the Committee on pursuant to law, the report of a rule entitled its community, and to the State of Homeland Security and Governmental Af- ‘‘Spiromesifen; Pesticide Tolerance’’ (FRL Mississippi.∑ fairs. No. 7705–1) received April 18, 2005; to the H.R. 1001. An act to designate the facility f Committee on Agriculture, Nutrition, and of the United States Postal Service located Forestry. at 301 South Heatherwilde Boulevard in MESSAGES FROM THE PRESIDENT EC–1836. A communication from the Prin- Pflugerville, Texas, as the ‘‘Sergeant Byron cipal Deputy Associate Administrator, Office Messages from the President of the W. Norwood Post Office Building’’; to the of Policy, Economics and Innovation, Envi- United States were communicated to Committee on Homeland Security and Gov- ronmental Protection Agency, transmitting, the Senate by Ms. Evans, one of his ernmental Affairs. pursuant to law, the report of a rule entitled secretaries. H.R. 1072. An act to designate the facility ‘‘Tetraconazole; Time-Limited Pesticide Tol- of the United States Postal Service located f erance’’ (FRL No. 7702–4) received April 18, at 151 West End Street in Goliad, Texas, as 2005; to the Committee on Agriculture, Nu- the ‘‘Judge Emilio Vargas Post Office Build- EXECUTIVE MESSAGES REFERRED trition, and Forestry. ing’’; to the Committee on Homeland Secu- EC–1837. A communication from the Con- As in executive session the Presiding rity and Governmental Affairs. Officer laid before the Senate messages gressional Review Coordinator, Animal and The following concurrent resolution from the President of the United Plant Health Inspection Service, Department was read, and referred as indicated: of Agriculture, transmitting, pursuant to States submitting sundry nominations H. Con. Res. 126. Concurrent resolution ex- law, the report of a rule entitled ‘‘Asian which were referred to the appropriate Longhorned Beetle; Addition to Quarantined committees. pressing the condolences and deepest sym- pathies of the Congress in the aftermath of Areas’’ (Docket No. 04–130–2) received on (The nominations received today are the recent school shooting at Red Lake High April 18, 2005; to the Committee on Agri- printed at the end of the Senate pro- School in Red Lake, Minnesota; to the Com- culture, Nutrition, and Forestry. ceedings.) mittee on the Judiciary. EC–1838. A communication from the Prin- cipal Deputy Associate Administrator, Office f f of Policy, Economics, and Innovation, Envi- MESSAGES FROM THE HOUSE MEASURES READ THE FIRST TIME ronmental Protection Agency, the report of a rule entitled ‘‘Revisions to the Territory of At 1:04 p.m., a message from the The following bills were read the first Guam State Implementation Plan, Update to House of Representatives, delivered by time: Materials Incorporated by Reference’’ (FRL

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4107 No. 7888–4) received on April 18, 2005; to the rity, transmitting, pursuant to law, the re- tion, Department of Transportation, trans- Committee on Environment and Public port of a rule entitled ‘‘Security Zones: Mon- mitting, pursuant to law, the report of a rule Works. terey Bay and Humboldt Bay, CA. [COPT entitled ‘‘Airworthiness Directives: Bom- EC–1839. A communication from the Prin- San Francisco Bay 04–003]’’ (RIN1625–AA87) bardier Model CL 600 2B19 Airplanes’’ cipal Deputy Associate Administrator, Office received on April 18, 2005; to the Committee ((RIN2120–AA64) (2005–0196)) received on April of Policy, Economics, and Innovation, Envi- on Commerce, Science, and Transportation. 18, 2005; to the Committee on Commerce, ronmental Protection Agency, the report of EC–1849. A communication from the Chief, Science, and Transportation. a rule entitled ‘‘Approval and Promulgation Regulations and Administrative Law, U.S. EC–1858. A communication from the Pro- of Implementation Plans; Texas; Memo- Coast Guard, Department of Homeland Secu- gram Analyst, Federal Aviation Administra- randum of Agreement Between Texas Coun- rity, transmitting, pursuant to law, the re- tion, Department of Transportation, trans- cil on Environmental Quality and the North port of a rule entitled ‘‘Anchorage Ground: mitting, pursuant to law, the report of a rule Central Council of Governments Providing Safety Zone; Speed Limit; Tongass [CGD17– entitled ‘‘Airworthiness Directives: The Emissions Offsets to Dallas Fort Worth 99–002]’’ (RIN1625–AA23) received on April 18, Cessna Aircraft Company Models 208 and International Airport’’ (FRL No. 7902–8) re- 2005; to the Committee on Commerce, 208B; CORRECTION’’ ((RIN2120–AA64) (2005– ceived on April 18, 2005; to the Committee on Science, and Transportation. 0191)) received on April 18, 2005; to the Com- Environment and Public Works. EC–1850. A communication from the Chief, mittee on Commerce, Science, and Transpor- EC–1840. A communication from the Acting Regulations and Administrative Law, U.S. tation. Director, Congressional Affairs, Office of the Coast Guard, Department of Homeland Secu- EC–1859. A communication from the Pro- General Counsel, Nuclear Regulatory Com- rity, transmitting, pursuant to law, the re- gram Analyst, Federal Aviation Administra- mission, transmitting, pursuant to law, the port of a rule entitled ‘‘Special Local Regu- tion, Department of Transportation, trans- report of a rule entitled ‘‘Model Milestones lation for Marine Events: Pasquotank River, mitting, pursuant to law, the report of a rule for NCR Adjudicatory Proceedings’’ Camden, NC [CGD05–05–022]’’ (RIN1625–AA08) entitled ‘‘Airworthiness Directives: Airbus (RIN3150–AG49) received on April 18, 2005; to received on April 18, 2005; to the Committee Model A318, A319, A320, and A321 Series Air- the Committee on Environment and Public on Commerce, Science, and Transportation. planes’’ ((RIN2120–AA64) (2005–0202)) received Works. EC–1851. A communication from the Chief, on April 18, 2005; to the Committee on Com- EC–1841. A communication from the Chair- Regulations and Administrative Law, U.S. merce, Science, and Transportation. man, Nuclear Regulatory Commission, trans- Coast Guard, Department of Homeland Secu- EC–1860. A communication from the Pro- mitting, pursuant to law, the monthly report rity, transmitting, pursuant to law, the re- gram Analyst, Federal Aviation Administra- on the status of licensing and regulatory du- port of a rule entitled ‘‘Drawbridge Oper- tion, Department of Transportation, trans- ties; to the Committee on Environment and ations (Including 3 Regulations): [CGD07–05– mitting, pursuant to law, the report of a rule Public Works. 009], [CGD01–05–032], [CGD11–05–025]’’ entitled ‘‘Airworthiness Directives: Boeing EC–1842. A communication from the Assist- (RIN1625–AA09) received on April 18, 2005; to Model 767–400ER, 777–200, and 777–300 Series ant Attorney General, Office of Legislative the Committee on Commerce, Science, and Airplanes’’ ((RIN2120–AA64) (2005–0203)) re- Affairs, Department of Justice, transmit- Transportation. ceived on April 18, 2005; to the Committee on ting, pursuant to law, the Department’s 2003 EC–1852. A communication from the Chief, Commerce, Science, and Transportation. Annual Report on the activities and oper- Regulations and Administrative Law, U.S. EC–1861. A communication from the Pro- ations of the Public Integrity Section, Coast Guard, Department of Homeland Secu- gram Analyst, Federal Aviation Administra- Criminal Division; to the Committee on the rity, transmitting, pursuant to law, the re- tion, Department of Transportation, trans- Judiciary. port of a rule entitled ‘‘Security Zones: Mon- mitting, pursuant to law, the report of a rule EC–1843. A communication from the Acting terey Bay and Humboldt Bay, CA. [COPT entitled ‘‘Airworthiness Directives: Boeing Chief, Publications and Regulations Branch, San Francisco Bay 05–004]’’ (RIN1625–AA87) Model 737–600, 700, 800, and 900 Series Air- Internal Revenue Service, Department of the received on April 18, 2005; to the Committee planes’’ ((RIN2120–AA64) (2005–0197)) received Treasury, transmitting, pursuant to law, the on Commerce, Science, and Transportation. on April 18, 2005; to the Committee on Com- report of a rule entitled ‘‘Limitation of Ret- EC–1853. A communication from the Pro- merce, Science, and Transportation. roactive Application of Central Laborer’s gram Analyst, Federal Aviation Administra- EC–1862. A communication from the Pro- Pension Fund v. Heinz’’ (Rev. Proc. 2005–23) tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- received on April 18, 2005; to the Committee mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- on Finance. entitled ‘‘Airworthiness Directives: General mitting, pursuant to law, the report of a rule EC–1844. A communication from the Acting Electric Company CF34–8E Series Turbofan entitled ‘‘Airworthiness Directives: Boeing Chief, Publications and Regulations Branch, Engines’’ ((RIN2120–AA64) (2005–0192)) re- Model 737–100, 200, 200C, 300, 400, and 500 Se- Internal Revenue Service, Department of the ceived on April 18, 2005; to the Committee on ries Airplanes’’ ((RIN2120–AA64) (2005–0198)) Treasury, transmitting, pursuant to law, the Commerce, Science, and Transportation. received on April 18, 2005; to the Committee report of a rule entitled ‘‘Applicable Federal EC–1854. A communication from the Pro- on Commerce, Science, and Transportation. Rates—May 2005’’ (Rev. Rul. 2005–27) received gram Analyst, Federal Aviation Administra- EC–1863. A communication from the Pro- on April 18, 2005; to the Committee on Fi- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- nance. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–1845. A communication from the Acting entitled ‘‘Airworthiness Directives: Hartzell mitting, pursuant to law, the report of a rule Chief, Publications and Regulations Branch, Propeller Inc. Models HC–B3TN–2, –3, –5, HC– entitled ‘‘Airworthiness Directives: Boeing Internal Revenue Service, Department of the B4TN–3, –5, HC–B4MN–5, and HC–B5MP–3 Model 767–300 and 400ER Series Airplanes’’ Treasury, transmitting, pursuant to law, the Turbopropellers’’ ((RIN2120–AA64) (2005–0193)) ((RIN2120–AA64) (2005–0199)) received on April report of a rule entitled ‘‘Guidance Under received on April 18, 2005; to the Committee 18, 2005; to the Committee on Commerce, Section 355(e); Recognition of Gain on Cer- on Commerce, Science, and Transportation. Science, and Transportation. tain Distributions of Stock or Securities in EC–1855. A communication from the Pro- EC–1864. A communication from the Pro- Connection with an Acquisition’’ ((RIN1545– gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- AY42) (TD 9198)) received on April 18, 2005; to tion, Department of Transportation, trans- tion, Department of Transportation, trans- the Committee on Finance. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–1846. A communication from the Attor- entitled ‘‘Airworthiness Directives: McDon- entitled ‘‘Airworthiness Directives: Boeing ney Advisor, National Highway Traffic Safe- nell Douglas Model DC 9 15F Airplanes Modi- Model 737–100, 200, 200C, 300, 400, and 500 Se- ty Administration, Department of Transpor- fied in Accordance with Supplemental Type ries Airplanes’’ ((RIN2120–AA64) (2005–0200)) tation, transmitting, pursuant to law, the re- Certificate (STC) SA199eSO; and Model DC 9 received on April 18, 2005; to the Committee port of a rule entitled ‘‘Final Rule; Response 10, DC 9 20, DC 9 30, DC 9 40, and DC 9 50 Se- on Commerce, Science, and Transportation. to Petitions for reconsideration, TREAD ries Airplanes in All-Cargo Configuration, EC–1865. A communication from the Pro- Child Restraints’’ (RIN2127–AJ40) received on Equipped with a Main Deck Cargo Door’’ gram Analyst, Federal Aviation Administra- April 18, 2005; to the Committee on Com- ((RIN2120–AA64) (2005–0194)) received on April tion, Department of Transportation, trans- merce, Science, and Transportation. 18, 2005; to the Committee on Commerce, mitting, pursuant to law, the report of a rule EC–1847. A communication from the Chief, Science, and Transportation. entitled ‘‘Airworthiness Directives: Bom- Regulations and Administrative Law, U.S. EC–1856. A communication from the Pro- bardier Model DHC 8 102, 103, 106, 201, 202, 301, Coast Guard, Department of Homeland Secu- gram Analyst, Federal Aviation Administra- 311, and 315 Airplanes’’ ((RIN2120–AA64) (2005– rity, transmitting, pursuant to law, the re- tion, Department of Transportation, trans- 0201)) received on April 18, 2005; to the Com- port of a rule entitled ‘‘Drawbridge Oper- mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- ations (Including 4 Regulations): [CGD05–04– entitled ‘‘Airworthiness Directives: Empresa tation. 215], [CGD08–05–003], [CGD08–05–004], [CGD01– Brasileira de Aeronautica S A Model ERJ 170 EC–1866. A communication from the Pro- 04–126]’’ (RIN1625–AA09) received on April 18, Series Airplanes’’ ((RIN2120–AA64) (2005– gram Analyst, Federal Aviation Administra- 2005; to the Committee on Commerce, 0195)) received on April 18, 2005; to the Com- tion, Department of Transportation, trans- Science, and Transportation. mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule EC–1848. A communication from the Chief, tation. entitled ‘‘Amendment of Class E5 Airspace at Regulations and Administrative Law, U.S. EC–1857. A communication from the Pro- Parsons TN: the Beach River Regional Air- Coast Guard, Department of Homeland Secu- gram Analyst, Federal Aviation Administra- port Parsons, TN’’ ((RIN2120–AA66) (2005–

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4108 CONGRESSIONAL RECORD — SENATE April 21, 2005 0092)) received on April 18, 2005; to the Com- By Mrs. FEINSTEIN: hibit the conduct of offshore drilling on the mittee on Commerce, Science, and Transpor- S. 867. A bill to designate the facility of outer Continental Shelf in the Mid-Atlantic tation. the United States Postal Service located at and North Atlantic planning areas; to the EC–1867. A communication from the Pro- 8200 South Vermont Avenue in Los Angeles , Committee on Energy and Natural Re- gram Analyst, Federal Aviation Administra- California, as the ‘‘Sergeant First Class John sources. tion, Department of Transportation, trans- Marshall Post Office Building″; to the Com- By Ms. MURKOWSKI: mitting, pursuant to law, the report of a rule mittee on Homeland Security and Govern- S. 879. A bill to make improvements to the entitled ‘‘Establishment of Class E Airspace; mental Affairs. Arctic Research and Policy Act of 1984; to Tracy, MN’’ ((RIN2120–AA66) (2005–0090)) re- By Mr. SANTORUM (for himself, Mr. the Committee on Homeland Security and ceived on April 18, 2005; to the Committee on CORZINE, Mr. SCHUMER, and Mr. Governmental Affairs. Commerce, Science, and Transportation. DEMINT): By Mrs. BOXER (for herself and Mrs. EC–1868. A communication from the Pro- S. 868. A bill to encourage savings, promote FEINSTEIN): gram Analyst, Federal Aviation Administra- financial literacy, and expand opportunities S. 880. A bill to expand the boundaries of tion, Department of Transportation, trans- for young adults by establishing KIDS Ac- the Gulf of the Farallones National Marine mitting, pursuant to law, the report of a rule counts; to the Committee on Finance. Sanctuary and the Cordell Bank National entitled ‘‘Modification of Class D Airspace; By Mr. FEINGOLD: Marine Sanctuary; to the Committee on En- S. 869. A bill to amend the Agricultural Ad- Grissom ARB, IN’’ ((RIN2120–AA66) (2005– vironment and Public Works. justment Act to prohibit the Secretary of 0091)) received on April 18, 2005; to the Com- By Ms. CANTWELL (for herself, Mr. Agriculture from basing minimum prices for mittee on Commerce, Science, and Transpor- MCCAIN, Mr. DORGAN, Mrs. MURRAY, class I milk on the distance or transpor- tation. and Mr. INOUYE): EC–1869. A communication from the Pro- tation costs from any location that is not within a marketing area, except under cer- S. 881. A bill to provide for equitable com- gram Analyst, Federal Aviation Administra- pensation to the Spokane Tribe of Indians of tion, Department of Transportation, trans- tain circumstances, and for other purposes; to the Committee on Agriculture, Nutrition, the Spokane Reservation for the use of tribal mitting, pursuant to law, the report of a rule land for the production of hydropower by the entitled ‘‘Standard Instrument Approach and Forestry. By Ms. CANTWELL: Grand Coulee Dam, and for other purposes; Procedures; Miscellaneous Amendments (14); to the Committee on Indian Affairs. Amdt No. 3119 [4–6/4–14]’’ ((RIN2120–AA65) S. 870. A bill to prohibit energy market By Mr. DURBIN (for himself, Ms. STA- (2005–0011)) received on April 18, 2005; to the manipulation; read the first time. BENOW, Mr. WYDEN, Mr. LAUTENBERG, Committee on Commerce, Science, and By Mr. LEVIN: Mr. BAYH, Mr. LEAHY, Mr. LIEBER- Transportation. S. 871. A bill to amend title 10, United States Code, to ensure that the strength of MAN, Mrs. BOXER, Mr. KENNEDY, Mr. f the Armed Forces and the protections and REED, Mrs. CLINTON, Mr. CORZINE, Mr. KERRY, Mr. FEINGOLD, and Mr. SCHU- REPORTS OF COMMITTEES benefits for members of the Armed Forces and their families are adequate for keeping MER): The following reports of committees the commitment of the people of the United S. 882. A bill to designate certain Federal were submitted: States to support their servicemembers, and land in the State of Utah as wilderness, and for other purposes; read the first time. for other purposes; to the Committee on En- By Mr. SPECTER, from the Committee on ergy and Natural Resources. the Judiciary, without amendment: By Mr. DORGAN (for himself, Ms. MI- By Mr. HAGEL (for himself, Mr. BYRD, S. 339. A bill to reaffirm the authority of KULSKI, and Ms. STABENOW): S. 872. A bill to amend the Internal Rev- Mr. ALEXANDER, Mr. PRYOR, Mr. States to regulate certain hunting and fish- enue Code of 1986 to provide for the taxation CRAIG, Mrs. DOLE, and Ms. MUR- ing activities. of income of controlled foreign corporations KOWSKI): By Mr. SPECTER, from the Committee on attributable to imported property; read the S. 883. A bill to direct the Secretary of the Judiciary, with an amendment in the na- first time. State to carry out activities that promote ture of a substitute: By Mr. DURBIN: the adoption of technologies that reduce S. 378. A bill to make it a criminal act to S. 873. A bill to amend title XVIII of the greenhouse gas intensity in developing coun- willfully use a weapon with the intent to Social Security Act to deliver a meaningful tries, while promoting economic develop- cause death or serious bodily injury to any benefit and lower prescription drug prices ment, and for other purposes; to the Com- person while on board a passenger vessel, and under the medicare program; read the first mittee on Foreign Relations. for other purposes. time. By Ms. CANTWELL: f By Mr. DURBIN (for himself and Mrs. S. 884. A bill to conduct a study evaluating LINCOLN): whether there are correlations between the EXECUTIVE REPORTS OF S. 874. A bill to establish a national health commission of methamphetamine crimes and COMMITTEES program administered by the Office of Per- identify theft crimes; to the Committee on The following executive reports of sonnel Management to offer health benefits the Judiciary. committees were submitted: plans to individuals who are not Federal em- By Mr. DAYTON: By Mr. WARNER for the Committee on ployees, and for other purposes; read the S. 885. A bill to authorize funding for the Armed Services. first time. American Prosecutors Research Institute’s Air Force nomination of Lt. Gen. Michael By Mr. BINGAMAN (for himself, Ms. National Center for Prosecution of Child V. Hayden to be General. SNOWE, Mr. LIEBERMAN, and Mr. Abuse and the American Prosecutors Re- By Mr. SPECTER for the Committee on OBAMA): search Institute’s National Child Protection S. 875. A bill to amend the Internal Rev- the Judiciary. Training Center at Winona State University; enue Code of 1986 and the Employee Retire- Priscilla Richman Owen, of Texas, to be to the Committee on the Judiciary. ment Income Security Act of 1974 to increase United States Circuit Judge for the Fifth By Mr. MCCAIN (for himself, Mr. ALEX- participation in section 401(k) plans through Circuit. ANDER, Mr. LIEBERMAN, Mr. SALAZAR, automatic contribution trusts, and for other Janice R. Brown, of California, to be and Mrs. FEINSTEIN): purposes; to the Committee on Finance. United States Circuit Judge for the District S. 886. A bill to eliminate the annual oper- By Mr. HATCH (for himself, Mrs. FEIN- of Columbia Circuit. ating deficit and maintenance backlog in the STEIN, Mr. SPECTER, Mr. KENNEDY, national parks, and for other purposes; to (Nominations without an asterisk and Mr. HARKIN): were reported with the recommenda- S. 876. A bill to prohibit human cloning the Committee on Finance. By Mr. HAGEL (for himself, Ms. LAN- tion that they be confirmed.) and protect stem cell research; to the Com- mittee on the Judiciary. DRIEU, Mr. ALEXANDER, Mr. PRYOR, f By Mr. DOMENICI (for himself, Mr. Mr. CRAIG, Mrs. DOLE, and Ms. MUR- KOWSKI): LIEBERMAN, Mr. FRIST, Mr. LUGAR, INTRODUCTION OF BILLS AND S. 887. A bill to amend the Energy Policy JOINT RESOLUTIONS Mr. ISAKSON, Mr. ENZI, Mr. FEINGOLD, Mr. CRAPO, Mr. ALEXANDER, Mr. BUN- Act of 1992 to direct the Secretary of Energy The following bills and joint resolu- NING, Mr. SESSIONS, Mr. ALLARD, and to carry out activities that promote the adoption of technologies that reduce green- tions were introduced, read the first Mr. CORZINE): S. 877. A bill to provide for a biennial budg- house gas intensity and to provide credit- and second times by unanimous con- et process and a biennial appropriations based financial assistance and investment sent, and referred as indicated: process and to enhance oversight and the protection for projects that employ advanced By Mrs. HUTCHISON: performance of the Federal Government; to climate technologies or systems, and for S. 866. A bill to amend title II of the Social the Committee on the Budget. other purposes; to the Committee on Energy Security Act to repeal the windfall elimi- By Mr. CORZINE (for himself and Mr. and Natural Resources. nation provision and protect the retirement LAUTENBERG): By Mr. SALAZAR: of public servants; to the Committee on Fi- S. 878. A bill to amend the Outer Conti- S. 888. A bill to direct the Department of nance. nental Shelf Lands Act to permanently pro- Homeland Security to provide guidance and

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4109 training to State and local governments re- AKAKA) was added as a cosponsor of S. S. 674 lating to sensitive homeland security infor- 438, a bill to amend title XVIII of the At the request of Mr. CORZINE, the mation, and for other purposes; to the Com- Social Security Act to repeal the medi- name of the Senator from New Jersey mittee on Homeland Security and Govern- care outpatient rehabilitation therapy (Mr. LAUTENBERG) was added as a co- mental Affairs. By Mrs. FEINSTEIN (for herself, Ms. caps. sponsor of S. 674, a bill to provide as- SNOWE, Mr. CORZINE, Mr. LEAHY, Mr. S. 440 sistance to combat HIV/AIDS in India, JEFFORDS, Mr. SCHUMER, Ms. COL- At the request of Mr. BUNNING, the and for other purposes. LINS, Mr. DURBIN, and Ms. CANT- names of the Senator from South Da- S. 675 WELL): kota (Mr. JOHNSON), the Senator from At the request of Mr. DORGAN, the S. 889. A bill to amend title 49, United Vermont (Mr. LEAHY), the Senator name of the Senator from West Vir- States Code, to require phased increases in from Oregon (Mr. WYDEN) and the Sen- ginia (Mr. ROCKEFELLER) was added as the fuel efficiency standards applicable to a cosponsor of S. 675, a bill to reward light trucks, to require fuel economy stand- ator from Hawaii (Mr. AKAKA) were ards for automobiles up to 10,000 pounds added as cosponsors of S. 440, a bill to the hard work and risk of individuals gross vehicle weight, to increase the fuel amend title XIX of the Social Security who choose to live in and help preserve economy of the Federal fleet of vehicles, and Act to include podiatrists as physicians America’s small, rural towns, and for for other purposes; to the Committee on for purposes of covering physicians other purposes. Commerce, Science, and Transportation. services under the medicaid program. S. 713 f S. 467 At the request of Mr. ROBERTS, the At the request of Mr. DODD, the name names of the Senator from Georgia SUBMISSION OF CONCURRENT AND of the Senator from Virginia (Mr. (Mr. ISAKSON) and the Senator from In- SENATE RESOLUTIONS ALLEN) was added as a cosponsor of S. diana (Mr. BAYH) were added as cospon- The following concurrent resolutions 467, a bill to extend the applicability of sors of S. 713, a bill to amend the Inter- and Senate resolutions were read, and the Terrorism Risk Insurance Act of nal Revenue Code of 1986 to provide for referred (or acted upon), as indicated: 2002. collegiate housing and infrastructure By Mr. JEFFORDS (for himself and S. 484 grants. Mr. LEAHY): At the request of Mr. WARNER, the S. 718 S. Res. 118. A resolution recognizing June 2 name of the Senator from West Vir- At the request of Mr. BIDEN, the through June 5, 2005, as the ‘‘Vermont Dairy ginia (Mr. ROCKEFELLER) was added as name of the Senator from California Festival,’’ in honor of Harold Howrigan for a cosponsor of S. 484, a bill to amend (Mrs. BOXER) was added as a cosponsor his service to his community and the Vermont dairy industry; to the Committee the Internal Revenue Code of 1986 to of S. 718, a bill to amend title I of the on Agriculture, Nutrition, and Forestry. allow Federal civilian and military re- Omnibus Crime Control and Safe tirees to pay health insurance pre- Streets Act of 1968 to provide standards f miums on a pretax basis and to allow a and procedures to guide both State and ADDITIONAL COSPONSORS deduction for TRICARE supplemental local law enforcement agencies and law premiums. S. 119 enforcement officers during internal S. 576 investigations, interrogation of law en- At the request of Mrs. FEINSTEIN, the names of the Senator from Connecticut At the request of Mr. BYRD, the name forcement officers, and administrative of the Senator from Illinois (Mr. disciplinary hearings, and to ensure ac- (Mr. LIEBERMAN) and the Senator from OBAMA) was added as a cosponsor of S. countability of law enforcement offi- Massachusetts (Mr. KERRY) were added as cosponsors of S. 119, a bill to provide 576, a bill to restore the prohibition on cers, to guarantee the due process for the protection of unaccompanied the commercial sale and slaughter of rights of law enforcement officers, and alien children, and for other purposes. wild free-roaming horses and burros. to require States to enact law enforce- S. 619 ment discipline, accountability, and S. 185 At the request of Mrs. FEINSTEIN, the due process laws. At the request of Mr. NELSON of Flor- name of the Senator from Louisiana S. 760 ida, the names of the Senator from (Mr. VITTER) was added as a cosponsor At the request of Mr. INOUYE, the California (Mrs. FEINSTEIN) and the of S. 619, a bill to amend title II of the names of the Senator from Nebraska Senator from Louisiana (Mr. VITTER) Social Security Act to repeal the Gov- (Mr. NELSON), the Senator from Wis- were added as cosponsors of S. 185, a ernment pension offset and windfall consin (Mr. KOHL), the Senator from bill to amend title 10, United States elimination provisions. New Mexico (Mr. BINGAMAN) and the Code, to repeal the requirement for the S. 633 Senator from California (Mrs. BOXER) reduction of certain Survivor Benefit At the request of Mr. JOHNSON, the were added as cosponsors of S. 760, a Plan annuities by the amount of de- name of the Senator from Florida (Mr. bill to amend the Public Health Serv- pendency and indemnity compensation NELSON) was added as a cosponsor of S. ice Act to provide a means for contin- and to modify the effective date for 633, a bill to require the Secretary of ued improvement in emergency med- paid-up coverage under the Survivor the Treasury to mint coins in com- ical services for children. Benefit Plan. memoration of veterans who became S. 776 S. 300 disabled for life while serving in the At the request of Mr. JOHNSON, the At the request of Ms. COLLINS, the Armed Forces of the United States. name of the Senator from North Da- name of the Senator from Nebraska S. 642 kota (Mr. DORGAN) was added as a co- (Mr. NELSON) was added as a cosponsor At the request of Mr. FRIST, the sponsor of S. 776, a bill to designate of S. 300, a bill to extend the temporary name of the Senator from Minnesota certain functions performed at flight increase in payments under the medi- (Mr. COLEMAN) was added as a cospon- service stations of the Federal Avia- care program for home health services sor of S. 642, a bill to support certain tion Administration as inherently gov- furnished in a rural area. national youth organizations, includ- ernmental functions, and for other pur- S. 313 ing the Boy Scouts of America, and for poses. At the request of Mr. LUGAR, the other purposes. S. 806 names of the Senator from Utah (Mr. S. 665 At the request of Mr. CRAIG, the HATCH) and the Senator from Utah (Mr. At the request of Mr. DORGAN, the names of the Senator from South Da- BENNETT) were added as cosponsors of name of the Senator from Iowa (Mr. kota (Mr. THUNE), the Senator from Il- S. 313, a bill to improve authorities to HARKIN) was added as a cosponsor of S. linois (Mr. OBAMA), the Senator from address urgent nonproliferation crises 665, a bill to reauthorize and improve Missouri (Mr. BOND), the Senator from and United States nonproliferation op- the Spark M. Matsunaga Hydrogen Re- North Carolina (Mr. BURR), the Senator erations. search, Development, and Demonstra- from New Jersey (Mr. LAUTENBERG), S. 438 tion Act of 1990 to establish a program the Senator from Ohio (Mr. DEWINE), At the request of Mr. ENSIGN, the to commercialize hydrogen and fuel the Senator from Arkansas (Mrs. LIN- name of the Senator from Hawaii (Mr. cell technology, and for other purposes. COLN), the Senator from Hawaii (Mr.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4110 CONGRESSIONAL RECORD — SENATE April 21, 2005 INOUYE), the Senator from Wyoming S. RES. 107 Terror, and Tsunami Relief, for the fis- (Mr. THOMAS), the Senator from Ne- At the request of Ms. COLLINS, the cal year ending September 30, 2005, and vada (Mr. ENSIGN), the Senator from name of the Senator from Kansas (Mr. for other purposes. Montana (Mr. BAUCUS), the Senator BROWNBACK) was added as a cosponsor AMENDMENT NO. 520 from North Dakota (Mr. CONRAD), the of S. Res. 107, a resolution commending At the request of Mr. BAYH, the Senator from Vermont (Mr. JEFFORDS) Annice M. Wagner, Chief Judge of the names of the Senator from Massachu- and the Senator from Idaho (Mr. District of Columbia court of Appeals, setts (Mr. KENNEDY), the Senator from CRAPO) were added as cosponsors of S. for her public service. Washington (Ms. CANTWELL) and the 806, a bil to amend title 38, United S. RES. 115 Senator from Florida (Mr. NELSON) States Code, to provide a traumatic in- At the request of Mr. SALAZAR, the were added as cosponsors of amend- jury protection rider to name of the Senator from Mississippi ment No. 520 proposed to H.R. 1268, an servicemembers insured under section (Mr. COCHRAN) was added as a cospon- act making Emergency Supplemental 1967(a)(1) of such title. sor of S. Res. 115, a resolution desig- Appropriations for Defense, the Global S. 859 nating May 2005 as ‘‘National Cystic War on Terror, and Tsunami Relief, for At the request of Mr. SANTORUM, the Fibrosis Awareness Month’’. the fiscal year ending September 30, name of the Senator from Rhode Island AMENDMENT NO. 368 2005, and for other purposes. (Mr. CHAFEE) was added as a cosponsor At the request of Mr. CORZINE, the AMENDMENT NO. 563 of S. 859, a bill to amend the Internal name of the Senator from Illinois (Mr. At the request of Mr. LEVIN, the Revenue Code of 1986 to allow an in- OBAMA) was added as a cosponsor of name of the Senator from Michigan come tax credit for the provision of amendment No. 368 proposed to H.R. (Ms. STABENOW) was added as a cospon- homeownership and community devel- 1268, an act making Emergency Supple- sor of amendment No. 563 proposed to opment, and for other purposes. mental Appropriations for Defense, the H.R. 1268, an act making Emergency S.J. RES. 11 Global War on Terror, and Tsunami Re- Supplemental Appropriations for De- At the request of Mrs. FEINSTEIN, the lief, for the fiscal year ending Sep- fense, the Global War on Terror, and name of the Senator from California tember 30, 2005, and for other purposes. Tsunami Relief, for the fiscal year end- (Mrs. BOXER) was added as a cosponsor AMENDMENT NO. 437 ing September 30, 2005, and for other of S.J. Res. 11, a joint resolution pro- At the request of Mr. ROCKEFELLER, purposes. posing an amendment to the Constitu- the names of the Senator from Michi- f gan (Mr. LEVIN), the Senator from New tion of the United States to abolish the STATEMENTS ON INTRODUCED Jersey (Mr. CORZINE), the Senator from electoral college and to provide for the BILLS AND JOINT RESOLUTIONS direct popular election of the President Oregon (Mr. WYDEN), the Senator from and Vice President of the United Maryland (Ms. MIKULSKI) and the Sen- By Mrs. HUTCHISON: States. ator from Connecticut (Mr. DODD) were S. 866. A bill to amend title II of the added as cosponsors of amendment No. Social Security Act to repeal the wind- S.J. RES. 15 437 intended to be proposed to H.R. fall elimination provision and protect At the request of Mr. BROWNBACK, the 1268, an act making Emergency Supple- the retirement of public servants; to name of the Senator from Hawaii (Mr. mental Appropriations for Defense, the the Committee on Finance. INOUYE) was added as a cosponsor of Global War on Terror, and Tsunami Re- Mrs. HUTCHISON. Mr. President, I S.J. Res. 15, a joint resolution to ac- lief, for the fiscal year ending Sep- ask unanimous consent that the text of knowledge a long history of official tember 30, 2005, and for other purposes. the bill be printed in the RECORD. depredations and ill-conceived policies There being no objection, the bill was by the United States Government re- AMENDMENT NO. 439 At the request of Mr. CRAIG, the ordered to be printed in the RECORD, as garding Indian tribes and offer an apol- follows: ogy to all Native Peoples on behalf of names of the Senator from Colorado S. 866 the United States. (Mr. SALAZAR), the Senator from South Dakota (Mr. THUNE), the Senator from Be it enacted by the Senate and House of Rep- S. CON. RES. 11 Illinois (Mr. OBAMA), the Senator from resentatives of the United States of America in At the request of Mr. SESSIONS, the Missouri (Mr. BOND), the Senator from Congress assembled, names of the Senator from Colorado North Carolina (Mr. BURR), the Senator SECTION 1. SHORT TITLE. (Mr. ALLARD), the Senator from Alaska from New Jersey (Mr. LAUTENBERG), This Act may be cited as the ‘‘Public Serv- ant Retirement Protection Act of 2005’’. (Mr. STEVENS), the Senator from Illi- the Senator from Ohio (Mr. DEWINE), nois (Mr. OBAMA), the Senator from the Senator from New Mexico (Mr. SEC. 2. REPEAL OF CURRENT WINDFALL ELIMI- Georgia (Mr. CHAMBLISS) and the Sen- NATION PROVISION. BINGAMAN), the Senator from Arkansas Paragraph (7) of section 215(a) of the Social ator from Massachusetts (Mr. KEN- (Mrs. LINCOLN), the Senator from Ha- Security Act (42 U.S.C. 415(a)(7)) is repealed. NEDY) were added as cosponsors of S. waii (Mr. INOUYE), the Senator from SEC. 3. REPLACEMENT OF THE WINDFALL ELIMI- Con. Res. 11, a concurrent resolution Wyoming (Mr. THOMAS), the Senator NATION PROVISION WITH A FOR- honoring the Tuskegee Airmen for from Nevada (Mr. ENSIGN), the Senator MULA EQUALIZING BENEFITS FOR their bravery in fighting for our free- CERTAIN INDIVIDUALS WITH NON- from Montana (Mr. BAUCUS), the Sen- COVERED EMPLOYMENT. dom in World War II, and for their con- ator from North Dakota (Mr. CONRAD), tribution in creating an integrated (a) SUBSTITUTION OF PROPORTIONAL FOR- the Senator from Vermont (Mr. JEF- MULA FOR FORMULA BASED ON COVERED POR- United States Air Force. FORDS) and the Senator from Idaho TION OF PERIODIC BENEFIT.— S. RES. 40 (Mr. CRAPO) were added as cosponsors (1) IN GENERAL.—Section 215(a) of the So- At the request of Ms. LANDRIEU, the of amendment No. 439 intended to be cial Security Act (as amended by section 2 of name of the Senator from Colorado proposed to H.R. 1268, an act making this Act) is amended further by inserting (Mr. SALAZAR) was added as a cospon- Emergency Supplemental Appropria- after paragraph (6) the following new para- sor of S. Res. 40, a resolution sup- graph: tions for Defense, the Global War on ‘‘(7)(A) In the case of an individual whose porting the goals and ideas of National Terror, and Tsunami Relief, for the fis- primary insurance amount would be com- Time Out Day to promote the adoption cal year ending September 30, 2005, and puted under paragraph (1) of this subsection, of the Joint Commission on Accredita- for other purposes. who— tion of Healthcare Organizations’ uni- AMENDMENT NO. 487 ‘‘(i) attains age 62 after 1985 (except where versal protocol for preventing errors in At the request of Mr. ENSIGN, the he or she became entitled to a disability in- the operating room. names of the Senator from Montana surance benefit before 1986 and remained so entitled in any of the 12 months immediately S. RES. 85 (Mr. BURNS) and the Senator from preceding his or her attainment of age 62), or At the request of Mr. BINGAMAN, his Oklahoma (Mr. COBURN) were added as ‘‘(ii) would attain age 62 after 1985 and be- name was added as a cosponsor of S. cosponsors of amendment No. 487 pro- comes eligible for a disability insurance ben- Res. 85, a resolution designating July posed to H.R. 1268, an act making efit after 1985, 23, 2005, and July 22, 2006, as ‘‘National Emergency Supplemental Appropria- and who first becomes eligible after 1985 for Day of the American Cowboy’’. tions for Defense, the Global War on a monthly periodic payment (including a

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4111 payment determined under subparagraph (E), of service as ‘employment’ for such purposes, mary insurance amount under paragraph (1) but excluding (I) a payment under the Rail- together with such other information re- of this subsection, except that such second road Retirement Act of 1974 or 1937, (II) a ceived by the Commissioner (including such amount shall be reduced by an amount equal payment by a social security system of a for- documentary evidence of earnings derived to one-half of the portion of the monthly eign country based on an agreement con- from noncovered service as may be provided periodic payment which is attributable to cluded between the United States and such to the Commissioner by the individual) as noncovered service performed after 1956 foreign country pursuant to section 233, and the Commissioner may consider appropriate (with such attribution being based on the (III) a payment based wholly on service as a as a reasonable basis for treatment of service proportionate number of years of such non- member of a uniformed service (as defined in as ‘employment’ for such purposes. The Com- covered service) and to which the individual section 210(m)) which is based in whole or in missioner shall enter into such arrange- is entitled (or is deemed to be entitled) for part upon his or her earnings for service ments as are necessary and appropriate with the initial month of his or her concurrent which did not constitute ‘employment’ as de- the Department of the Treasury, the Depart- entitlement to such monthly periodic pay- fined in section 210 for purposes of this title ment of Labor, other Federal agencies, and ment and old-age or disability insurance (hereafter in this paragraph and in sub- agencies of States and political subdivisions benefits. section (d)(3) referred to as ‘noncovered serv- thereof so as to secure satisfactory evidence An individual’s primary insurance amount of earnings for noncovered service described ice’), the primary insurance amount of that determined under this subparagraph shall be in subparagraph (A) for purposes of this individual during his or her concurrent enti- the larger of the two amounts computed clause and clauses (iii) and (iv). The Sec- tlement to such monthly periodic payment under this clause (before the application of retary of the Treasury, the Secretary of and to old-age or disability insurance bene- subsection (i)). fits shall be computed or recomputed under Labor, and the heads of all other Federal ‘‘(ii) For purposes of clause (i), the percent this paragraph. agencies are authorized and directed to co- specified in this clause is— ‘‘(B) The primary insurance amount of an operate with the Commissioner and, to the ‘‘(I) 80.0 percent with respect to individuals individual described in subparagraph (A), as extent permitted by law, to provide such em- who become eligible (as defined in paragraph ployment records and other information as computed or recomputed under this para- (3)(B)) for old-age insurance benefits (or be- the Commissioner may request for their as- graph, shall be— came eligible as so defined for disability in- sistance in the performance of the Commis- ‘‘(i) in the case of an individual who first surance benefits before attaining age 62) in sioner’s functions under this clause and performs noncovered service after the 12th 1986; clauses (iii) and (iv). calendar month following the date of the en- ‘‘(II) 70.0 percent with respect to individ- actment of the Public Servant Retirement ‘‘(iii) In any case in which satisfactory evi- dence of earnings for noncovered service uals who so become eligible in 1987; Protection Act of 2005, the primary insur- which was performed by an individual during ‘‘(III) 60.0 percent with respect to individ- ance amount determined under subparagraph any year or portion of a year after 1977 is not uals who so become eligible in 1988; (C), or otherwise available, the Commissioner may, ‘‘(IV) 50.0 percent with respect to individ- ‘‘(ii) in the case of an individual who has for purposes of clause (ii), accept as satisfac- uals who so become eligible in 1989; and performed noncovered service during or be- tory evidence of such individual’s earnings ‘‘(V) 40.0 percent with respect to individ- fore the 12th calendar month following the for such noncovered service during such year uals who so become eligible in 1990 or there- date of the enactment of the Public Servant or portion of a year reasonable extrapo- after. Retirement Protection Act of 2005, the larger ‘‘(F)(i) Any periodic payment which other- lations from available information with re- of— wise meets the requirements of subparagraph spect to earnings for noncovered service of ‘‘(I) the primary insurance amount deter- (A), but which is paid on other than a month- such individual for periods immediately pre- mined under subparagraph (C), or ly basis, shall be allocated on a basis equiva- ceding and following such year or portion of ‘‘(II) the primary insurance amount deter- lent to a monthly payment (as determined a year. mined under subparagraph (E). ‘‘(iv) In any case in which satisfactory evi- by the Commissioner of Social Security), ‘‘(C) An individual’s primary insurance dence of earnings for noncovered service and such equivalent monthly payment shall amount determined under this subparagraph which was performed by an individual during constitute a monthly periodic payment for shall be the product derived by multiplying— any period before 1978 is not otherwise avail- purposes of this paragraph. ‘‘(i) the individual’s primary insurance ‘‘(ii) In the case of an individual who has able, the Commissioner may, for purposes of amount, as determined under paragraph (1) elected to receive a periodic payment that clause (ii), accept as satisfactory evidence of of this subsection and subparagraph (D)(i) of has been reduced so as to provide a sur- such individual’s earnings for such non- this paragraph, by vivor’s benefit to any other individual, the covered service during such period — ‘‘(ii) a fraction— payment shall be deemed to be increased (for ‘‘(I) the individual’s written attestation of ‘‘(I) the numerator of which is the individ- purposes of any computation under this such earnings, if such attestation is corrobo- ual’s average indexed monthly earnings (de- paragraph or subsection (d)(3)) by the rated by at least 1 other individual who is termined without regard to subparagraph amount of such reduction. knowledgeable of the relevant facts, or (D)(i)), and ‘‘(iii) For purposes of this paragraph, the ‘‘(II) available information regarding the ‘‘(II) the denominator of which is an term ‘periodic payment’ includes a payment average earnings for noncovered service for amount equal to the individual’s average in- payable in a lump sum if it is a commutation the same period for individuals in similar po- dexed monthly earnings (as determined of, or a substitute for, periodic payments. sitions in the same profession in the same under subparagraph (D)(i)), ‘‘(G)(i) This paragraph shall not apply in State or political subdivision thereof, or, in the case of an individual who has 30 years or rounded, if not a multiple of $0.10, to the any case in which such information is not more of coverage. In the case of an indi- next lower multiple of $0.10. available for such period, reasonable ex- vidual who has more than 20 years of cov- ‘‘(D)(i) For purposes of determining an in- trapolations of average earnings for non- erage but less than 30 years of coverage (as dividual’s primary insurance amount pursu- covered service for such individuals from pe- so defined), the percent specified in the ap- ant to subparagraph (C)(i), the individual’s riods immediately preceding and following plicable subdivision of subparagraph (E)(ii) average indexed monthly earnings shall be such period. shall (if such percent is smaller than the ap- determined by treating all service performed ‘‘(v) In any case described in subparagraph plicable percent specified in the following after 1950 on which the individual’s monthly (B)(i), if the requirements of clause (ii) of table) be deemed to be the applicable percent periodic payment referred to in subpara- this subparagraph are not met (after apply- specified in the following table: graph (A) is based (other than noncovered ing clauses (iii) and (iv)), the primary insur- service as a member of a uniformed service ance amount of the individual shall be, not- If the number of such The applicable (as defined in section 210(m))) as ‘employ- withstanding subparagraph (B)(i), the pri- individual’s years percent is: ment’ as defined in section 210 for purposes mary insurance amount computed under sub- of coverage (as so of this title (together with all other service paragraph (E). defined) is: performed by such individual consisting of ‘‘(E)(i) For purposes of determining the pri- 29 ...... 85 28 ...... 80 ‘employment’ as so defined). mary insurance amount under this subpara- 27 ...... 75 ‘‘(ii) For purposes of determining average graph— 26 ...... 70 indexed monthly earnings as described in ‘‘(I) there shall first be computed an 25 ...... 65 clause (i), the Commissioner of Social Secu- amount equal to the individual’s primary in- 24 ...... 60 rity shall provide by regulation for a method surance amount under paragraph (1) of this 23 ...... 55 for determining the amount of wages derived subsection, except that for purposes of such 22 ...... 50 from service performed after 1950 on which computation the percentage of the individ- 21 ...... 45 the individual’s periodic benefit is based and ual’s average indexed monthly earnings es- ‘‘(ii) For purposes of clause (i), the term which is to be treated as ‘employment’ solely tablished by subparagraph (A)(i) of para- ‘year of coverage’ shall have the meaning for purposes of clause (i). Such method shall graph (1) shall be the percent specified in provided in paragraph (1)(C)(ii), except that provide for reliance on employment records clause (ii), and the reference to ‘15 percent’ therein shall be which are provided to the Commissioner and ‘‘(II) there shall then be computed (without deemed to be a reference to ‘25 percent’. which, as determined by the Commissioner, regard to this paragraph) a second amount, ‘‘(H) An individual’s primary insurance constitute a reasonable basis for treatment which shall be equal to the individual’s pri- amount determined under this paragraph

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4112 CONGRESSIONAL RECORD — SENATE April 21, 2005 shall be deemed to be computed under para- not had the same financial success. A oped by Prime Minister Tony Blair. graph (1) of this subsection for the purpose of recent study conducted by the Federal Yet despite its British roots, the pro- applying other provisions of this title. Reserve found that the median net posal is based on the most basic of ‘‘(I) This paragraph shall not apply in the case of an individual whose eligibility for worth of families in the bottom 20 per- American values. By giving every old-age or disability insurance benefits is cent of the nation’s income level was a young person resources with which to based on an agreement concluded pursuant mere $7,900—an amount that is far too get a start in life, ASPIRE will help re- to section 233 or an individual who on Janu- low to ensure a comfortable economic alize the American ideal of equal op- ary 1, 1984— future for their family. This challenge portunity. And by making every young ‘‘(i) is an employee performing service to needs to be addressed to ensure that person an investor, the proposal would which social security coverage is extended lower income families have a signifi- encourage self reliance, promote sav- on that date solely by reason of the amend- cant opportunity to accrue wealth and ings, and give every family a personal ments made by section 101 of the Social Se- expand opportunities for their families. curity Amendments of 1983; or stake in America’s economy. Under this legislation, KIDS Ac- Under ASPIRE, an investment ac- ‘‘(ii) is an employee of a nonprofit organi- counts would be created after a child is zation which (on December 31, 1983) did not count would be established for every have in effect a waiver certificate under sec- born and a Social Security number American child upon receiving a Social tion 3121(k) of the Internal Revenue Code of issued. A one-time $500 deposit would Security number. Each account would 1954 and to the employees of which social se- automatically be placed into a KIDS be funded initially with $500. Those curity coverage is extended on that date account. Children from households with incomes less than the national solely by reason of the amendments made by below the national median income median would receive an additional section 102 of that Act, unless social security would receive an additional deposit of contribution of up to $500, and would coverage had previously extended to service $500 at birth and would be eligible to performed by such individual as an employee receive a one-for-one government receive dollar-for-dollar matching match for their first $500 of private of that organization under a waiver certifi- funds up to $500 per year for voluntary cate which was subsequently (prior to De- contributions each year. Up to $1000 of cember 31, 1983) terminated.’’. contributions to the account, which after-tax private contributions would cannot exceed $1,000 per year. All funds (2) CONFORMING AMENDMENTS.— be allowed annually from any source. (A) Section 215(d)(3) of such Act (42 U.S.C. grow tax-free. Access to the account Funds would accumulate tax-free and 415(d)(3)) is amended— prior to age 18 would not be permitted, could not be withdrawn for purposes (i) by striking ‘‘subsection (a)(7)(C)’’ each but kids—in conjunction with their other than higher education until the place it appears and inserting ‘‘subsection parents—would participate in invest- child reaches the age of 18. At that (a)(7)(F)’’; ment decisions and watch their money (ii) by striking ‘‘subparagraph (E)’’ and in- point, funds could be withdrawn, ac- grow. When the young person turns 18, cording to Roth IRA guidelines, either serting ‘‘subparagraph (I)’’; and he or she can use the accrued money (iii) by striking ‘‘subparagraph (D)’’ and in- for higher education or for the pur- for asset building purposes such as edu- serting ‘‘subparagraph (G)(i)’’. chase of a home. Funds left unspent cation, homeownership, and retirement (B) Section 215(f)(9)(A) of such Act (42 would be saved for retirement under planning. Accrued funds could also be U.S.C. 415(f)(9)(A)) is amended by striking rules similar to those that apply to rolled over into a Roth IRA or 529 post- ‘‘(a)(7)(C)’’ and inserting ‘‘(a)(7)(F)’’. Roth IRAs or rolled over to a 529 plan SEC. 4. EFFECTIVE DATE. secondary education account to expand for educational expenses. Once the ac- The amendments made by this Act shall investment options. apply with respect to monthly insurance I would like to highlight what I view count holder reaches the age of 30, the benefits for months commencing with or as the two major benefits of this legis- initial $500 government contribution after the 12th calendar month following the lation. The first, and most apparent, is would have to be repaid, though excep- date of the enactment of this Act. Notwith- that this bill will help give younger in- tions could be made to avoid undue standing section 215(f) of the Social Security hardship. Act, the Commissioner of Social Security dividuals, especially low-income Amer- icans, a sound financial start to begin Accounts initially would be held by a shall recompute primary insurance amounts government entity that would be based to the extent necessary to carry out the their adult life. For example, a typical on the successful Thrift Savings Plan, amendments made by this Act. low-income family making modest but steady contributions can create a KIDS or TSP, which now manages retirement By Mr. SANTORUM (for himself, Account worth over $20,000 in 18 years. accounts for Federal employees with Mr. CORZINE, Mr. SCHUMER, and Second, and perhaps more important, relatively low administrative costs. As Mr. DEMINT): is that KIDS Accounts create opportu- with the TSP, investors would have a S. 868. A bill to encourage savings, nities for all Americans to become range of investment options, such as a promote financial literacy, and expand more financially literate. The account Government securities fund, a fixed in- opportunities for young adults by es- holders and their guardians will choose come investment fund, and a common tablishing KIDS Accounts; to the Com- from a list of possible investment funds stock fund. However, once an account mittee on Finance. and will be able to watch their invest- holder reaches the age of 18, funds Mr. SANTORUM. Mr. President, ment grow over time. All Americans could be rolled over to a KIDS Account today I am introducing ‘‘The America will have the opportunity to see first- held at a private institution. Saving for Personal Investment, Re- hand that a smart investment now can It is difficult to understate the po- tirement, and Education (ASPIRE) Act grow over time into considerable tential impact of giving every Amer- of 2005’’ along with Senator CORZINE, wealth. ican child a funded investment account Senator SCHUMER and Senator DEMINT. I believe that this bill could be a sig- of their own. For the first time, every A bipartisan group of members is intro- nificant and strategic step forward in child will have a meaningful incentive ducing companion legislation in the the effort to expand asset opportunities to learn the basics of investing, be- House of Representatives. The bill cre- to all Americans, and lower-income cause they will have real resources to ates a Kids Investment and Develop- Americans in particular. I encourage invest. For the first time, even families ment Savings (KIDS) Account for every my colleagues to support this bipar- with modest incomes will have a sig- child at birth and creates a new oppor- tisan effort. nificant incentive to save, to earn the tunity for the children of low-income Mr. CORZINE. Mr. President, I am government match. And, perhaps most Americans to build assets and wealth. pleased to join with Senators fundamentally, for the first time, every This country has seen a growing Santorum, Schumer, and DeMint in in- American child will grow up knowing number of Americans investing in the troducing the ASPIRE Act of 2005, that when they reach adulthood, they stock market and has witnessed an his- which would expand opportunities for will have the ability to invest in them- toric boom in homeownership, which young adults, encourage savings, and selves and in their own education. In has increased to record high levels. promote financial literacy, by estab- short, every child will have hope for a However, this growth in assets has not lishing investment accounts, known as real future. reached every American. While many KIDS Accounts, for every child in Considering its potentially signifi- middle- and upper-income families America. cant social and individual benefits, the have increased their assets in the past ASPIRE is based largely on a similar ASPIRE Act requires an investment decade, many low-income families have initiative in the United Kingdom devel- that is relatively modest. It has been

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4113 estimated that, when it becomes effec- My legislation is very simple. It iden- fluid milk prices have generated so tive, the bill’s cost would represent tifies the single most harmful and un- much excess production, that these only about one tenth of one percent of just feature of the current system, and markets distant from Eau Claire are the Federal budget. Yet the proposal corrects it. Under the current archaic now encroaching upon not only our differs from other proposals for new law, the price farmers receive for fluid manufactured markets, but also our spending or tax cuts because, for the milk is higher the further they are markets for fluid milk, further eroding first 18 years, it would not reduce over- from the Eau Claire region of the prices in Wisconsin. all national savings at all. In that pe- Upper Midwest. This provision origi- The market-distorting effects of the riod, virtually every dollar of outlays nally was intended to guarantee the fluid price differentials in federal or- would be saved, and would be available supply of fresh milk from the high pro- ders are shown by a previous Congres- to expand long-term economic growth. duction areas to distant markets in an sional Budget Office analysis that esti- In fact, the proposal would lead to an age of difficult transportation and lim- mated that the elimination of orders increase in national savings because of ited refrigeration. But the situation would save $669 million over five years. its incentives for families to save has long since changed and the provi- Government outlays would fall, CBO more. This would help create the eco- sion persists at the detriment of the concluded, because production would nomic growth we need to handle the Wisconsin farmers even though most fall in response to lower milk prices added burdens associated with the im- local milk markets do not receive any and there would be fewer government pending retirement of the baby milk from Wisconsin. purchases of surplus milk. The regions boomers. The bill I introduce today would pro- that would gain and lose in this sce- Senator SANTORUM and I are excited hibit the Secretary of Agriculture from nario illustrate the discrimination in- to be joined this year by Senators using distance or transportation costs herent to the current system. Eco- Schumer and DeMint as sponsors of from any location as the basis for pric- nomic analyses showed that farm reve- ASPIRE, along with sponsors of iden- ing milk, unless significant quantities nues in a market undisturbed by Fed- tical legislation in the House, Con- of milk are actually transported from eral orders would actually increase in gressmen Harold Ford, Patrick Ken- that location into the recipient mar- the Upper Midwest and fall in most nedy, Thomas Petri and Phil English. ket. The Secretary will have to comply other milk-producing regions. In that process, we have been assisted with the statutory requirement that While this system has been around by a broad range of experts and other supply and demand factors be consid- since 1937, the practice of basing fluid interested parties, for which I am very ered as specified in the Agricultural milk price differentials on the distance grateful. However, I want to especially Marketing Agreement Act when set- from Eau Claire was formalized in the 1960s, when the Upper Midwest argu- thank Ray Boshara and Reid Cramer of ting milk prices in marketing orders. ably was the primary reserve for addi- the New America Foundation, who The fact remains that single-basing- tional supplies of milk. The idea was to have been extraordinarily helpful in point pricing simply cannot be justi- encourage local supplies of fluid milk the development of the legislation, and fied based on supply and demand for in areas of the country that did not who have taken the lead in efforts to milk both in local and national mar- traditionally produce enough fluid promote this and other asset building kets and the changing pattern of U.S. milk to meet their own needs. initiatives. milk production. That is no longer the case. The Upper This bill also requires the Secretary Mr. President, the ASPIRE Act is a Midwest is no longer the primary to report to Congress on specifically big new idea based on simple, old time source of reserve supplies of milk. Un- which criteria are used to set milk American values. It already enjoys fortunately, the prices didn’t adjust prices. Finally, the Secretary will have strong bipartisan support from con- with changing economic conditions, to certify to Congress that the criteria servatives and progressives, alike, in most notably the shift of the dairy in- used by the Department do not in any both houses of Congress. I look forward dustry away from the Upper Midwest way attempt to circumvent the prohi- to working with colleagues on both and towards the Southwest, and spe- sides of the aisle to secure its prompt bition on using distance or transpor- cifically California, which now leads enactment. tation cost as basis for pricing milk. the nation in milk production. This one change is vitally important The result of this antiquated system By Mr. FEINGOLD: to Upper Midwest producers, because has been a decline in the Upper Mid- S. 869. A bill to amend the Agricul- the current system has penalized them west dairy industry, not because it tural Adjustment Act to prohibit the for many years. The current system is can’t produce a product that can com- Secretary of Agriculture from basing a double whammy to Upper Midwest pete in the marketplace, but because minimum prices for class 1 milk on the dairy farmers—it both provides dis- the system discriminates against it. distance or transportation costs from parate profits for producers in other Over the past few years Wisconsin has any location that is not within a mar- parts of the country and creates artifi- lost dairy farmers at a rate of more keting area, except under certain cir- cial economic incentives for milk pro- than 5 per day. The Upper Midwest, cumstances, and for other purposes; to duction. As a result, Wisconsin pro- with the lowest fluid milk prices, is the Committee on Agriculture, Nutri- ducers have seen national surpluses shrinking as a dairy region despite the tion, and Forestry. rise, and milk prices fall. Rather than dairy-friendly climate of the region. Mr. FEINGOLD. Mr. President, today providing adequate supplies of fluid Some other regions with higher fluid I am offering a measure which could milk, the prices often lead to excess milk prices are growing rapidly. serve as a first step towards elimi- production. In a free market with a level playing nating the inequities borne by the The prices have provided production field, these shifts in production might dairy farmers of Wisconsin and the incentives beyond those needed to en- be fair. But in a market where the gov- upper Midwest under the Federal Milk sure a local supply of fluid milk in ernment is setting the prices and pro- Marketing Order system. some regions, leading to an increase in viding that artificial advantage to re- The Federal Milk Marketing Order manufactured products in those mar- gions outside the Upper Midwest, the system, created nearly 60 years ago, es- keting orders. Those manufactured current system is unconscionable. tablishes minimum prices for milk paid products directly compete with Wis- I urge my colleagues to do the right to producers throughout various mar- consin’s processed products, eroding thing and bring reform to this outdated keting areas in the U.S. For sixty our markets and driving national system and work to eliminate the in- years, this system has discriminated prices down. equities in the current milk marketing against producers in the Upper Mid- The perverse nature of this system is order pricing system. west by awarding a higher price to further illustrated by the fact that I ask unanimous consent that the dairy farmers in proportion to the dis- since 1995, some regions of the U.S., no- text of my bill be printed in the tance of their farms from areas of high tably the central states and the South- RECORD. milk production, which historically west, are producing so much milk that There being no objection, the bill was have been the region around Eau they are actually shipping fluid milk ordered to be printed in the RECORD, as Claire, WI. north to the Upper Midwest. The high follows:

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4114 CONGRESSIONAL RECORD — SENATE April 21, 2005 S. 869 tions with pharmaceutical manufacturers to (B) by inserting ‘‘or a medicare operated Be it enacted by the Senate and House of Rep- reduce the purchase cost of covered part D prescription drug plan’’ after ‘‘a fallback pre- resentatives of the United States of America in drugs for eligible part D individuals in ac- scription drug plan’’. Congress assembled, cordance with subsection (b). (3) Section 1860D–16(b)(1) of such Act (42 ‘‘(b) NEGOTIATIONS.—Notwithstanding sec- SECTION 1. SHORT TITLE. U.S.C. 1395w–116(b)(1)) is amended— tion 1860D–11(i), for purposes of offering a (A) in subparagraph (C), by striking ‘‘and’’ This Act may be cited as the ‘‘Federal medicare operated prescription drug plan after the semicolon at the end; Milk Marketing Reform Act of 2005’’. under this section, the Secretary shall nego- (B) in subparagraph (D), by striking the pe- SEC. 2. LOCATION ADJUSTMENTS FOR MINIMUM tiate with pharmaceutical manufacturers riod at the end and inserting ‘‘; and’’; and PRICES FOR CLASS I MILK. with respect to the purchase price of covered (C) by adding at the end the following new Section 8c(5) of the Agricultural Adjust- part D drugs and shall encourage the use of subparagraph: ment Act (7 U.S.C. 608c(5)), reenacted with more affordable therapeutic equivalents to ‘‘(E) payments for expenses incurred with amendments by the Agricultural Marketing the extent such practices do not override respect to the operation of medicare oper- Agreement Act of 1937, is amended— medical necessity as determined by the pre- ated prescription drug plans under section (1) in paragraph (A)— scribing physician. To the extent practicable 1860D–11A.’’. and consistent with the previous sentence, (A) in clause (3) of the second sentence, by (4) Section 1860D–41(a) of such Act (42 the Secretary shall implement strategies inserting after ‘‘the locations’’ the following: U.S.C. 141(a)) is amended by adding at the similar to those used by other Federal pur- ‘‘within a marketing area subject to the end the following new paragraph: order’’; and chasers of prescription drugs, and other ‘‘(19) MEDICARE OPERATED PRESCRIPTION (B) by striking the last 2 sentences and in- strategies, to reduce the purchase cost of DRUG PLAN.—The term ‘medicare operated serting the following: ‘‘Notwithstanding sub- covered part D drugs. ‘‘(c) MEDICARE OPERATED PRESCRIPTION prescription drug plan’ has the meaning section (18) or any other provision of law, given such term in section 1860D–11A(c).’’. when fixing minimum prices for milk of the DRUG PLAN DEFINED.—For purposes of this part, the term ‘medicare operated prescrip- (c) EFFECTIVE DATE.—The amendments highest use classification in a marketing made by this section shall take effect as if area subject to an order under this sub- tion drug plan’ means a prescription drug plan that offers qualified prescription drug included in the enactment of section 101 of section, the Secretary may not, directly or the Medicare Prescription Drug, Improve- indirectly, base the prices on the distance coverage and access to negotiated prices de- scribed in section 1860D–2(a)(1)(A). Such a ment, and Modernization Act of 2003 (Public from, or all or part of the costs incurred to Law 108–173; 117 Stat. 2071). transport milk to or from, any location that plan may offer supplemental prescription drug coverage in the same manner as other is not within the marketing area subject to qualified prescription drug coverage offered By Mr. DURBIN (for himself and the order, unless milk from the location con- by other prescription drug plans. Mrs. LINCOLN): stitutes at least 50 percent of the total sup- ‘‘(d) MONTHLY BENEFICIARY PREMIUM.— S. 874. A bill to establish a national ply of milk of the highest use classification ‘‘(1) QUALIFIED PRESCRIPTION DRUG COV- health program administered by the in the marketing area. The Secretary shall ERAGE.—The monthly beneficiary premium Office of Personnel Management to report to the Committee on Agriculture of for qualified prescription drug coverage and the House of Representatives and the Com- offer health benefits plans to individ- access to negotiated prices described in sec- uals who are not Federal employees, mittee on Agriculture, Nutrition, and For- tion 1860D–2(a)(1)(A) to be charged under a estry of the Senate on the criteria that are medicare operated prescription drug plan and for other purposes; read the first used as the basis for the minimum prices re- shall be uniform nationally. Such premium time. ferred to in the preceding sentence, includ- for months in 2006 shall be $35 and for Mr. DURBIN. Mr. President, I ask ing a certification that the minimum prices months in succeeding years shall be based on unanimous consent that the text of the are made in accordance with the preceding the average monthly per capita actuarial bill be printed in the RECORD. sentence.’’; and cost of offering the medicare operated pre- There being no objection, the bill was (2) in paragraph (B)(c), by inserting after scription drug plan for the year involved, in- ordered to be printed in the RECORD, as ‘‘the locations’’ the following: ‘‘within a cluding administrative expenses. follows: marketing area subject to the order’’. ‘‘(2) SUPPLEMENTAL PRESCRIPTION DRUG S. 874 COVERAGE.—Insofar as a medicare operated By Mr. DURBIN: prescription drug plan offers supplemental Be it enacted by the Senate and House of Rep- S. 873. A bill to amend title XVIII of prescription drug coverage, the Secretary resentatives of the United States of America in the Social Security Act to deliver a may adjust the amount of the premium Congress assembled, charged under paragraph (1). SECTION 1. SHORT TITLE. meaningful benefit and lower prescrip- This Act may be cited as the ‘‘Small Em- tion drug prices under the medicare ‘‘(3) REQUIREMENT FOR AT LEAST ONE PLAN WITH A $35 PREMIUM IN 2006.—The Secretary ployers Health Benefits Program Act of program; read the first time. shall ensure that at least one medicare oper- 2005’’. Mr. DORGAN. Mr. President, I ask ated prescription drug plan offered in 2006 SEC. 2. DEFINITIONS. unanimous consent that the text of the has a monthly premium of $35.’’. (a) IN GENERAL.—In this Act, the terms bill be printed in the RECORD. (b) CONFORMING AMENDMENTS.— ‘‘member of family’’, ‘‘health benefits plan’’, There being no objection, the bill was (1) Section 1860D–3(a) of the Social Secu- ‘‘carrier’’, ‘‘employee organizations’’, and ‘‘dependent’’ have the meanings given such ordered to be printed in the RECORD, as rity Act (42 U.S.C. 1395w–103(a)) is amended terms in section 8901 of title 5, United States follows: by adding at the end the following new para- graph: Code. S. 873 ‘‘(4) AVAILABILITY OF THE MEDICARE OPER- (b) OTHER TERMS.—In this Act: Be it enacted by the Senate and House of Rep- ATED PRESCRIPTION DRUG PLAN.— (1) EMPLOYEE.—The term ‘‘employee’’ has resentatives of the United States of America in ‘‘(A) IN GENERAL.—A medicare operated the meaning given such term under section Congress assembled, prescription drug plan (as defined in section 3(6) of the Employee Retirement Income Se- curity Act of 1974 (29 U.S.C. 1002(6)). Such SECTION 1. SHORT TITLE. 1860D–11A(c)) shall be offered nationally in term shall not include an employee of the This Act may be cited as the ‘‘Medicare accordance with section 1860D–11A. Federal Government. Prescription Drug Savings and Choice Act of ‘‘(B) RELATIONSHIP TO OTHER PLANS.— (2) EMPLOYER.—The term ‘‘employer’’ has 2005’’. ‘‘(i) IN GENERAL.—Subject to clause (ii), a medicare operated prescription drug plan the meaning given such term under section SEC. 2. ESTABLISHMENT OF MEDICARE OPER- shall be offered in addition to any qualifying 3(5) of the Employee Retirement Income Se- ATED PRESCRIPTION DRUG PLAN curity Act of 1974 (29 U.S.C. 1002(5)), except OPTION. plan or fallback prescription drug plan of- fered in a PDP region and shall not be con- that such term shall include only employers (a) IN GENERAL.—Subpart 2 of part D of the who employed an average of at least 1 but Social Security Act is amended by inserting sidered to be such a plan for purposes of not more than 100 employees on business after section 1860D–11 the following new sec- meeting the requirements of this subsection. days during the year preceding the date of tion: ‘‘(ii) DESIGNATION AS A FALLBACK PLAN.— Notwithstanding any other provision of this application. Such term shall not include the ‘‘MEDICARE OPERATED PRESCRIPTION DRUG part, the Secretary may designate the medi- Federal Government. PLAN OPTION care operated prescription drug plan as the (3) HEALTH STATUS-RELATED FACTOR.—The ‘‘SEC. 1860D–11A. (a) IN GENERAL.—Not- fallback prescription drug plan for any fall- term ‘‘health status-related factor’’ has the withstanding any other provision of this back service area (as defined in section meaning given such term in section 2791(d)(9) part, for each year (beginning with 2006), in 1860D–11(g)(3)) determined to be appropriate of the Public Health Service Act (42 U.S.C. addition to any plans offered under section by the Secretary.’’. 300gg–91(d)(9)). 1860D–11, the Secretary shall offer one or (2) Section 1860D–13(c)(3) of such Act (42 (4) OFFICE.—The term ‘‘Office’’ means the more medicare operated prescription drug U.S.C. 1395w–113(c)(3)) is amended— Office of Personnel Management. plans (as defined in subsection (c)) with a (A) in the heading, by inserting ‘‘and medi- (5) PARTICIPATING EMPLOYER.—The term service area that consists of the entire care operated prescription drug plans’’ after ‘‘participating employer’’ means an em- United States and shall enter into negotia- ‘‘Fallback plans’’; and ployer that—

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4115

(A) elects to provide health insurance cov- (g) RULE OF CONSTRUCTION.—Nothing in in rates shall be made in advance of the con- erage under this Act to its employees; and this Act shall be construed to require a car- tract term in which they will apply and on a (B) is not offering other comprehensive rier that is participating in the program basis which, in the judgment of the Office, is health insurance coverage to such employ- under chapter 89 of title 5, United States consistent with the general practice of car- ees. Code, to provide health benefits plan cov- riers which issue group health benefits plans (c) APPLICATION OF CERTAIN RULES IN DE- erage under this Act. to large employers. Rates charged for cov- TERMINATION OF EMPLOYER SIZE.—For pur- SEC. 4. CONTRACT REQUIREMENT. erage under this Act shall not vary based on health-status related factors. poses of subsection (b)(2): (a) IN GENERAL.—The Office may enter into (g) REQUIREMENT OF PAYMENT FOR OR PRO- (1) APPLICATION OF AGGREGATION RULE FOR contracts with qualified carriers offering VISION OF HEALTH SERVICE.—Each contract EMPLOYERS.—All persons treated as a single health benefits plans of the type described in employer under subsection (b), (c), (m), or (o) entered into under this Act shall require the section 8903 or 8903a of title 5, United States carrier to agree to pay for or provide a of section 414 of the Internal Revenue Code Code, without regard to section 5 of title 41, of 1986 shall be treated as 1 employer. health service or supply in an individual case United States Code, or other statutes requir- if the Office finds that the employee, annu- (2) EMPLOYERS NOT IN EXISTENCE IN PRE- ing competitive bidding, to provide health CEDING YEAR.—In the case of an employer itant, family member, former spouse, or per- insurance coverage to employees of partici- son having continued coverage under section which was not in existence for the full year pating employers under this Act. Each con- prior to the date on which the employer ap- 8905a of title 5, United States Code, is enti- tract shall be for a uniform term of at least tled thereto under the terms of the contract. plies to participate, the determination of 1 year, but may be made automatically re- whether such employer meets the require- SEC. 5. ELIGIBILITY. newable from term to term in the absence of An individual shall be eligible to enroll in ments of subsection (b)(2) shall be based on notice of termination by either party. In en- the average number of employees that it is a plan under this Act if such individual— tering into such contracts, the Office shall (1) is an employee of an employer described reasonably expected such employer will em- ensure that health benefits coverage is pro- ploy on business days in the employer’s first in section 2(b)(2), or is a self employed indi- vided for individuals only, married individ- vidual as defined in section 401(c)(1)(B) of the full year. uals without children, and families. (3) PREDECESSORS.—Any reference in this Internal Revenue Code of 1986; and (b) ELIGIBILITY.—A carrier shall be eligible (2) is not otherwise enrolled or eligible for subsection to an employer shall include a to enter into a contract under subsection (a) reference to any predecessor of such em- enrollment in a plan under chapter 89 of title if such carrier— 5, United States Code. ployer. (1) is licensed to offer health benefits plan (d) WAIVER AND CONTINUATION OF PARTICI- SEC. 6. ALTERNATIVE CONDITIONS TO FEDERAL coverage in each State in which the plan is PATION.— EMPLOYEE PLANS. offered; and (1) WAIVER.—The Office may waive the lim- (a) TREATMENT OF EMPLOYEE.—For pur- (2) meets such other requirements as deter- itations relating to the size of an employer poses of enrollment in a health benefits plan mined appropriate by the Office. which may participate in the health insur- under this Act, an individual who had cov- (c) STATEMENT OF BENEFITS.— ance program established under this Act on erage under a health insurance plan and is (1) IN GENERAL.—Each contract under this a case by case basis if the Office determines not a qualified beneficiary as defined under Act shall contain a detailed statement of that such employer makes a compelling case section 4980B(g)(1) of the Internal Revenue benefits offered and shall include informa- for such a waiver. In making determinations Code of 1986 shall be treated in a similar tion concerning such maximums, limita- under this paragraph, the Office may con- manner as an individual who begins employ- tions, exclusions, and other definitions of sider the effects of the employment of tem- ment as an employee under chapter 89 of benefits as the Office considers necessary or porary and seasonal workers and other fac- title 5, United States Code. desirable. (b) PREEXISTING CONDITION EXCLUSIONS.— tors. (2) NATIONWIDE PLAN.—The Office shall de- (1) IN GENERAL.—Each contract under this (2) CONTINUATION OF PARTICIPATION.—An velop a benefit package that shall be offered Act may include a preexisting condition ex- employer participating in the program under in the case of a contract for a health benefit clusion as defined under section 9801(b)(1) of this Act that experiences an increase in the plan that is to be offered on a nationwide the Internal Revenue Code of 1986. number of employees so that such employer basis. (2) EXCLUSION PERIOD.— has in excess of 100 employees, may not be (d) STANDARDS.—The minimum standards (A) IN GENERAL.—A preexisting condition excluded from participation solely as a re- prescribed for health benefits plans under exclusion under this subsection shall provide sult of such increase in employees. section 8902(e) of title 5, United States Code, for coverage of a preexisting condition to SEC. 3. HEALTH INSURANCE COVERAGE FOR and for carriers offering plans, shall apply to NON-FEDERAL EMPLOYEES. begin not later than 6 months after the date plans and carriers under this Act. Approval on which the coverage of the individual (a) ADMINISTRATION.—The Office shall ad- of a plan may be withdrawn by the Office minister a health insurance program for non- under a health benefits plan commences, re- only after notice and opportunity for hearing Federal employees and employers in accord- duced by 1 month for each month that the to the carrier concerned without regard to ance with this Act. individual was covered under a health insur- subchapter II of chapter 5 and chapter 7 of (b) REGULATIONS.—Except as provided ance plan immediately preceding the date under this Act, the Office shall prescribe reg- title 5, United States Code. the individual submitted an application for ulations to apply the provisions of chapter 89 (e) CONVERSION.— coverage under this Act. of title 5, United States Code, to the greatest (1) IN GENERAL.—A contract may not be (B) LAPSE IN COVERAGE.—For purposes of extent practicable to participating carriers, made or a plan approved under this section if this paragraph, a lapse in coverage of not employers, and employees covered under this the carrier under such contract or plan does more than 63 days immediately preceding Act. not offer to each enrollee whose enrollment the date of the submission of an application (c) LIMITATIONS.—In no event shall the en- in the plan is ended, except by a cancellation for coverage under this Act shall not be con- actment of this Act result in— of enrollment, a temporary extension of cov- sidered a lapse in continuous coverage. (1) any increase in the level of individual erage during which the individual may exer- (c) RATES AND PREMIUMS.— or Federal Government contributions re- cise the option to convert, without evidence (1) IN GENERAL.—Rates charged and pre- quired under chapter 89 of title 5, United of good health, to a nongroup contract pro- miums paid for a health benefits plan under States Code, including copayments or viding health benefits. An enrollee who exer- this Act— deductibles; cises this option shall pay the full periodic (A) shall be determined in accordance with (2) any decrease in the types of benefits of- charges of the nongroup contract. this subsection; fered under such chapter 89; or (2) NONCANCELLABLE.—The benefits and (B) may be annually adjusted and differ (3) any other change that would adversely coverage made available under paragraph (1) from such rates charged and premiums paid affect the coverage afforded under such chap- may not be canceled by the carrier except for for the same health benefits plan offered ter 89 to employees and annuitants and fraud, over-insurance, or nonpayment of under chapter 89 of title 5, United States members of family under that chapter. periodic charges. Code; (d) ENROLLMENT.—The Office shall develop (f) RATES.—Rates charged under health (C) shall be negotiated in the same manner methods to facilitate enrollment under this benefits plans under this Act shall reason- as rates and premiums are negotiated under Act, including the use of the Internet. ably and equitably reflect the cost of the such chapter 89; and (e) CONTRACTS FOR ADMINISTRATION.—The benefits provided. Such rates shall be deter- (D) shall be adjusted to cover the adminis- Office may enter into contracts for the per- mined on a basis which, in the judgment of trative costs of the Office under this Act. formance of appropriate administrative func- the Office, is consistent with the lowest (2) DETERMINATIONS.—In determining rates tions under this Act. schedule of basic rates generally charged for and premiums under this Act, the following (f) SEPARATE RISK POOL.—In the adminis- new group health benefits plans issued to provisions shall apply: tration of this Act, the Office shall ensure large employers. The rates determined for (A) IN GENERAL.—A carrier that enters into that covered employees under this Act are in the first contract term shall be continued for a contract under this Act shall determine a risk pool that is separate from the risk later contract terms, except that they may that amount of premiums to assess for cov- pool maintained for covered individuals be readjusted for any later term, based on erage under a health benefits plan based on under chapter 89 of title 5, United States past experience and benefit adjustments an community rate that may be annually ad- Code. under the later contract. Any readjustment justed—

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4116 CONGRESSIONAL RECORD — SENATE April 21, 2005 (i) for the geographic area involved if the viding benefits under the health benefits fice to be paid for enrollees in the plan under adjustment is based on geographical divi- plan for the year involved and the portion of this Act for the calendar year involved; re- sions that are not smaller than a metropoli- such costs that is attributable to adminis- duced by tan statistical area; trative expenses. (ii) the amount of administrative expenses (ii) based on whether such coverage is for (3) ALLOWABLE COSTS DEFINED.—For pur- that the carrier estimates, and the Office ap- an individual, a married individual with no poses of this section, the term ‘‘allowable proves, will be incurred by the carrier with children, or a family; and costs’’ means, with respect to a health bene- respect to the plan for such calendar year. (iii) based on the age of covered individuals fits plan offered by a carrier under this Act, (B) SUBMISSION OF TARGET AMOUNT.—Not (subject to subparagraph (B)). for a year, the total amount of costs de- later than December 31, 2005, and each De- (B) AGE ADJUSTMENTS.— scribed in paragraph (2) for the plan and cember 31 thereafter through calendar year (i) IN GENERAL.—With respect to subpara- year, reduced by the portion of such costs at- 2009, a carrier shall submit to the Office a de- graph (A)(iii), in making adjustments based tributable to administrative expenses in- scription of the target amount for such car- on age, a carrier may not use age brackets in curred in providing the benefits described in rier with respect to health benefits plans increments that are smaller than 5 years, such paragraph. provided by the carrier under this Act. which begin not earlier than age 30 and end (b) ADJUSTMENT OF PAYMENT.— (c) DISCLOSURE OF INFORMATION.— not later than age 65. (1) NO ADJUSTMENT IF ALLOWABLE COSTS (1) IN GENERAL.—Each contract under this (ii) AGE 65 AND OLDER.—With respect to WITHIN 3 PERCENT OF TARGET AMOUNT.—If the Act shall provide— subparagraph (A)(iii), a carrier may develop allowable costs for the carrier with respect (A) that a carrier offering a health benefits separate rates for covered individuals who to the health benefits plan involved for a cal- plan under this Act shall provide the Office are 65 years of age or older for whom medi- endar year are at least 97 percent, but do not with such information as the Office deter- care is the primary payor for health benefits exceed 103 percent, of the target amount for mines is necessary to carry out this sub- coverage which is not covered under medi- the plan and year involved, there shall be no section including the notification of costs care. payment adjustment under this section for under subsection (a)(2) and the target the plan and year. (iii) LIMITATION.—In making an adjustment amount under subsection (b)(4)(B); and to premium rates under subparagraph (2) INCREASE IN PAYMENT IF ALLOWABLE (B) that the Office has the right to inspect (A)(iii), a carrier shall ensure that such ad- COSTS ABOVE 103 PERCENT OF TARGET and audit any books and records of the orga- AMOUNT.— justment does not result in an average pre- nization that pertain to the information re- (A) COSTS BETWEEN 103 AND 108 PERCENT OF mium rate applicable to enrollees under the garding costs provided to the Office under TARGET AMOUNT.—If the allowable costs for plan involved that is more than 200 percent such subsections. the carrier with respect to the health bene- of the lowest rate for all age groups. (2) RESTRICTION ON USE OF INFORMATION.— fits plan involved for the year are greater (d) TERMINATION AND REENROLLMENT.—If Information disclosed or obtained pursuant than 103 percent, but not greater than 108 an individual who is enrolled in a health ben- to the provisions of this subsection may be percent, of the target amount for the plan efits plan under this Act terminates the en- used by officers, employees, and contractors and year, the Office shall reimburse the car- rollment, the individual shall not be eligible of the Office only for the purposes of, and to rier for such excess costs through payment for reenrollment until the first open enroll- the extent necessary in, carrying out this to the carrier of an amount equal to 75 per- ment period following the expiration of 6 section. months after the date of such termination. cent of the difference between such allowable SEC. 8. ENCOURAGING PARTICIPATION BY CAR- (e) PREEMPTION.— costs and 103 percent of such target amount. RIERS THROUGH REINSURANCE. (1) HEALTH INSURANCE OR PLANS.— (B) COSTS ABOVE 108 PERCENT OF TARGET (a) ESTABLISHMENT.—The Office shall es- (A) IN GENERAL.—Except as provided in AMOUNT.—If the allowable costs for the car- tablish a reinsurance fund to provide pay- subparagraph (B), the terms of any contract rier with respect to the health benefits plan ments to carriers that experience one or entered into under this Act that relate to the involved for the year are greater than 108 more catastrophic claims during a year for nature, provision, or extent of coverage or percent of the target amount for the plan health benefits provided to individuals en- benefits shall supersede and preempt any and year, the Office shall reimburse the car- rolled in a health benefits plan under this State or local law, or any regulation issued rier for such excess costs through payment Act. thereunder, which relates to the nature, pro- to the carrier in an amount equal to the sum vision, or extent of coverage or benefits. of— (b) ELIGIBILITY FOR PAYMENTS.—To be eli- gible for a payment from the reinsurance (B) LOCAL PLANS.—With respect to a con- (i) 3.75 percent of such target amount; and tract entered into under this Act under (ii) 90 percent of the difference between fund for a plan year, a carrier under this Act which a carrier will offer health benefits such allowable costs and 108 percent of such shall submit to the Office an application plan coverage in a limited geographic area, target amount. that contains— subparagraph (A) shall not apply to the ex- (3) REDUCTION IN PAYMENT IF ALLOWABLE (1) a certification by the carrier that the tent that a mandated benefit law is in effect COSTS BELOW 97 PERCENT OF TARGET AMOUNT.— carrier paid for at least one episode of care in the State in which the plan is offered. (A) COSTS BETWEEN 92 AND 97 PERCENT OF during the year for covered health benefits Such mandated benefit law shall continue to TARGET AMOUNT.—If the allowable costs for for an individual in an amount that is in ex- apply to such health benefits plan. the carrier with respect to the health bene- cess of $50,000; and fits plan involved for the year are less than (2) such other information determined ap- (C) RATING RULES.—The rating require- ments under subsection (c)(2) shall supercede 97 percent, but greater than or equal to 92 propriate by the Office. State rating rules for qualified plans under percent, of the target amount for the plan (c) PAYMENT.— this Act. and year, the carrier shall be required to pay (1) IN GENERAL.—The amount of a payment into the contingency reserve fund main- from the reinsurance fund to a carrier under (2) LIMITATION.—Nothing in this subsection shall be construed to preempt— tained under section 8909(b)(2) of title 5, this section for a catastrophic episode of (A) any State or local law or regulation ex- United States Code, an amount equal to 75 care shall be determined by the Office but cept those laws and regulations described in percent of the difference between 97 percent shall not exceed an amount equal to 80 per- subparagraphs (A) and (C) of paragraph (1); of the target amount and such allowable cent of the applicable catastrophic claim and costs. amount. (B) State network adequacy laws. (B) COSTS BELOW 92 PERCENT OF TARGET (2) APPLICABLE CATASTROPHIC CLAIM (f) RULE OF CONSTRUCTION.—Nothing in this AMOUNT.—If the allowable costs for the car- AMOUNT.—For purposes of paragraph (1), the Act shall be construed to limit the applica- rier with respect to the health benefits plan applicable catastrophic episode of care tion of the service-charge system used by the involved for the year are less than 92 percent amount shall be equal to the difference be- Office for determining profits for partici- of the target amount for the plan and year, tween— pating carriers under chapter 89 of title 5, the carrier shall be required to pay into the (A) the amount of the catastrophic claim; United States Code. stabilization fund under section 8909(b)(2) of and SEC. 7. ENCOURAGING PARTICIPATION BY CAR- title 5, United States Code, an amount equal (B) $50,000. RIERS THROUGH ADJUSTMENTS to the sum of— (3) LIMITATION.—In determining the FOR RISK. (i) 3.75 percent of such target amount; and amount of a payment under paragraph (1), if (a) APPLICATION OF RISK CORRIDORS.— (ii) 90 percent of the difference between 92 the amount of the catastrophic claim ex- (1) IN GENERAL.—This section shall only percent of such target amount and such al- ceeds the amount that would be paid for the apply to carriers with respect to health bene- lowable costs. healthcare items or services involved under fits plans offered under this Act during any (4) TARGET AMOUNT DESCRIBED.— title XVIII of the Social Security Act (42 of calendar years 2006 through 2010. (A) IN GENERAL.—For purposes of this sub- U.S.C. 1395 et seq.), the Office shall use the (2) NOTIFICATION OF COSTS UNDER THE section, the term ‘‘target amount’’ means, amount that would be paid under such title PLAN.—In the case of a carrier that offers a with respect to a health benefits plan offered XVIII for purposes of paragraph (2)(A). health benefits plan under this Act in any of by a carrier under this Act in any of cal- (d) DEFINITION.—In this section, the term calendar years 2006 through 2010, the carrier endar years 2006 through 2010, an amount ‘‘catastrophic claim’’ means a claim sub- shall notify the Office, before such date in equal to— mitted to a carrier, by or on behalf of an en- the succeeding year as the Office specifies, of (i) the total of the monthly premiums esti- rollee in a health benefits plan under this the total amount of costs incurred in pro- mated by the carrier and approved by the Of- Act, that is in excess of $50,000.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4117

SEC. 9. CONTINGENCY RESERVE FUND. (2) REQUIREMENT.—No contract shall be en- SEC. 14. APPROPRIATIONS. Beginning on October 1, 2010, the Office tered into with any entity under this section (a) MANDATORY APPROPRIATIONS.—There may use amounts appropriated under section unless the Office finds that such entity will are authorized to be appropriated, and there 14(a) that remain unobligated to establish a perform its obligations under the contract are appropriated, to carry out sections 7 and contingency reserve fund to provide assist- efficiently and effectively and will meet such 8— ance to carriers offering health benefits requirements as to financial responsibility, (1) $4,000,000,000 for fiscal year 2006; plans under this Act that experience unan- legal authority, and other matters as the Of- (2) $4,000,000,000 for fiscal year 2007; ticipated financial hardships (as determined fice finds pertinent. (3) $4,000,000,000 for fiscal year 2008; by the Office). (3) PUBLICATION OF STANDARDS AND CRI- (4) $3,000,000,000 for fiscal year 2009; and SEC. 10. EMPLOYER PARTICIPATION. TERIA.—The Office shall publish in the Fed- (5) $3,000,000,000 for fiscal year 2010. (a) REGULATIONS.—The Office shall pre- eral Register standards and criteria for the (b) OTHER APPROPRIATIONS.—There are au- scribe regulations providing for employer efficient and effective performance of con- thorized to be appropriated to the Office, participation under this Act, including the tract obligations under this section, and op- such sums as may be necessary in each fiscal offering of health benefits plans under this portunity shall be provided for public com- year for the development and administration Act to employees. ment prior to implementation. In estab- of the program under this Act. (b) ENROLLMENT AND OFFERING OF OTHER lishing such standards and criteria, the Of- SEC. 15. REFUNDABLE CREDIT FOR SMALL BUSI- COVERAGE.— fice shall provide for a system to measure an NESS EMPLOYEE HEALTH INSUR- (1) ENROLLMENT.—A participating em- entity’s performance of responsibilities. ANCE EXPENSES. (a) IN GENERAL.—Subpart C of part IV of ployer shall ensure that each eligible em- (4) TERM.—Each contract under this sec- subchapter A of chapter 1 of the Internal ployee has an opportunity to enroll in a plan tion shall be for a term of at least 1 year, and Revenue Code of 1986 (relating to refundable under this Act. may be made automatically renewable from credits) is amended by redesignating section (2) PROHIBITION ON OFFERING OTHER COM- term to term in the absence of notice by ei- 36 as section 37 and inserting after section 35 PREHENSIVE HEALTH BENEFIT COVERAGE.—A ther party of intention to terminate at the the following new section: participating employer may not offer a end of the current term, except that the Of- health insurance plan providing comprehen- fice may terminate any such contract at any ‘‘SEC. 36. SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES. sive health benefit coverage to employees time (after such reasonable notice and op- ‘‘(a) DETERMINATION OF AMOUNT.—In the other than a health benefits plan that— portunity for hearing to the entity involved case of a qualified small employer, there (A) meets the requirements described in as the Office may provide in regulations) if shall be allowed as a credit against the tax section 4(a); and the Office finds that the entity has failed imposed by this subtitle for the taxable year (B) is offered only through the enrollment substantially to carry out the contract or is an amount equal to the sum of— process established by the Office under sec- carrying out the contract in a manner incon- ‘‘(1) the expense amount described in sub- tion 3. sistent with the efficient and effective ad- section (b), and (3) OFFER OF SUPPLEMENTAL COVERAGE OP- ministration of the program established by ‘‘(2) the expense amount described in sub- TIONS.— this Act. section (c), paid by the taxpayer during the (A) IN GENERAL.—A participating employer (d) TERMS OF CONTRACT.—A contract en- taxable year. may offer supplementary coverage options to tered into under this section shall include— employees. ‘‘(b) SUBSECTION (b) EXPENSE AMOUNT.—For (1) a description of the duties of the con- purposes of this section— (B) DEFINITION.—In subparagraph (A), the tracting entity; ‘‘(1) IN GENERAL.—The expense amount de- term ‘‘supplementary coverage’’ means bene- (2) an assurance that the entity will fur- fits described as ‘‘excepted benefits’’ under scribed in this subsection is the applicable nish to the Office such timely information percentage of the amount of qualified em- section 2791(c) of the Public Health Service and reports as the Office determines appro- Act (42 U.S.C. 300gg-91(c)). ployee health insurance expenses of each priate; qualified employee. (c) RULE OF CONSTRUCTION.—Except as pro- (3) an assurance that the entity will main- vided in section 15, nothing in this Act shall ‘‘(2) APPLICABLE PERCENTAGE.—For pur- tain such records and afford such access poses of paragraph (1)— be construed to require that an employer thereto as the Office finds necessary to as- ‘‘(A) IN GENERAL.—The applicable percent- make premium contributions on behalf of sure the correctness and verification of the employees. age is equal to— information and reports under paragraph (2) ‘‘(i) 25 percent in the case of self-only cov- SEC. 11. ADMINISTRATION THROUGH REGIONAL and otherwise to carry out the purposes of ADMINISTRATIVE ENTITIES. erage, this Act; (a) IN GENERAL.—In order to provide for ‘‘(ii) 35 percent in the case of family cov- (4) an assurance that the entity shall com- the administration of the benefits under this erage (as defined in section 220(c)(5)), and ply with such confidentiality and privacy Act with maximum efficiency and conven- ‘‘(iii) 30 percent in the case of coverage for protection guidelines and procedures as the ience for participating employers and health married adults with no children. Office may require; and care providers and other individuals and en- ‘‘(B) BONUS FOR PAYMENT OF GREATER PER- (5) such other terms and conditions not in- tities providing services to such employers, CENTAGE OF PREMIUMS.—The applicable per- consistent with this section as the Office the Office is authorized to enter into con- centage otherwise specified in subparagraph may find necessary or appropriate. tracts with eligible entities to perform, on a (A) shall be increased by 5 percentage points regional basis, one or more of the following: SEC. 12. COORDINATION WITH SOCIAL SECURITY for each additional 10 percent of the quali- (1) Collect and maintain all information BENEFITS. fied employee health insurance expenses of relating to individuals, families, and employ- Benefits under this Act shall, with respect each qualified employee exceeding 60 percent ers participating in the program under this to an individual who is entitled to benefits which are paid by the qualified small em- Act in the region served. under part A of title XVIII of the Social Se- ployer. (2) Receive, disburse, and account for pay- curity Act, be offered (for use in coordina- ‘‘(c) SUBSECTION (c) EXPENSE AMOUNT.—For ments of premiums to participating employ- tion with those medicare benefits) to the purposes of this section— ers by individuals in the region served, and same extent and in the same manner as if ‘‘(1) IN GENERAL.—The expense amount de- for payments by participating employers to coverage were under chapter 89 of title 5, scribed in this subsection is, with respect to carriers. United States Code. the first credit year of a qualified small em- (3) Serve as a channel of communication SEC. 13. PUBLIC EDUCATION CAMPAIGN. ployer which is an eligible employer, 10 per- between carriers, participating employers, (a) IN GENERAL.—In carrying out this Act, cent of the qualified employee health insur- and individuals relating to the administra- the Office shall develop and implement an ance expenses of each qualified employee. tion of this Act. educational campaign to provide informa- ‘‘(2) FIRST CREDIT YEAR.—For purposes of (4) Otherwise carry out such activities for tion to employers and the general public paragraph (1), the term ‘first credit year’ the administration of this Act, in such man- concerning the health insurance program de- means the taxable year which includes the ner, as may be provided for in the contract veloped under this Act. date that the health insurance coverage to entered into under this section. (b) ANNUAL PROGRESS REPORTS.—Not later which the qualified employee health insur- (5) The processing of grievances and ap- than 1 year and 2 years after the implemen- ance expenses relate becomes effective. peals. tation of the campaign under subsection (a), ‘‘(3) ELIGIBLE EMPLOYER.—For purposes of (b) APPLICATION.—To be eligible to receive the Office shall submit to the appropriate paragraph (1), the term ‘eligible employer’ a contract under subsection (a), an entity committees of Congress a report that de- shall not include a qualified small employer shall prepare and submit to the Office an ap- scribes the activities of the Office under sub- if, during the 3-taxable year period imme- plication at such time, in such manner, and section (a), including a determination by the diately preceding the first credit year, the containing such information as the Office office of the percentage of employers with employer or any member of any controlled may require. knowledge of the health benefits programs group including the employer (or any prede- (c) PROCESS.— provided for under this Act. cessor of either) established or maintained (1) COMPETITIVE BIDDING.—All contracts (c) PUBLIC EDUCATION CAMPAIGN.—There is health insurance coverage for substantially under this section shall be awarded through authorized to be appropriated to carry out the same employees as are the qualified em- a competitive bidding process on a bi-annual this section, such sums as may be necessary ployees to which the qualified employee basis. for each of fiscal years 2006 and 2007. health insurance expenses relate.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4118 CONGRESSIONAL RECORD — SENATE April 21, 2005 ‘‘(d) LIMITATION BASED ON WAGES.— striking the last item and inserting the fol- tures were changed to automatically ‘‘(1) IN GENERAL.—The percentage which lowing new items: enroll its employees. Clearly the first would (but for this subsection) be taken into ‘‘Sec. 36 Small business employee health in- step towards increasing our national account as the percentage for purposes of surance expenses savings rate is to get more people sav- subsection (b)(2) or (c)(1) for the taxable year ‘‘Sec. 37 Overpayments of tax’’. ing. shall be reduced (but not below zero) by the (c) EFFECTIVE DATE.—The amendments percentage determined under paragraph (2). made by this section shall apply to amounts Obviously the second step is to get ‘‘(2) AMOUNT OF REDUCTION.— paid or incurred in taxable years beginning those who are saving to set aside even ‘‘(A) IN GENERAL.—The percentage deter- after December 31, 2005. more for their retirement years. For mined under this paragraph is the percent- SEC. 16. EFFECTIVE DATE. this reason, the legislation would en- age which bears the same ratio to the per- Except as provided in section 10(e), this courage plans to add a feature that in- centage which would be so taken into ac- Act shall take effect on the date of enact- count as— creases employees’ contributions annu- ment of this Act and shall apply to contracts ‘‘(i) the excess of— ally until it reaches at least 10 percent that take effect with respect to calendar ‘‘(I) the qualified employee’s wages at an of the employees’ compensation. Again, year 2006 and each calendar year thereafter. annual rate during such taxable year, over studies have repeatedly demonstrated ‘‘(II) $25,000, bears to By Mr. BINGAMAN (for himself, that people are more likely to agree to ‘‘(ii) $5,000. NOWE IEBERMAN save more in the future than they cur- ‘‘(B) ANNUAL ADJUSTMENT.—For each tax- Ms. S , Mr. L , and Mr. OBAMA): rently do. It has also been dem- able year after 2006, the dollar amounts spec- onstrated that people are more likely ified for the preceding taxable year (after the S. 875. A bill to amend the Internal application of this subparagraph) shall be in- Revenue Code of 1986 and the Employee to agree to save more in the future if creased by the same percentage as the aver- Retirement Income Security Act of they make the decision today and do age percentage increase in premiums under 1974 to increase participation in section not wait until future years to make the Federal Employees Health Benefits Pro- 401(k) plans through automatic con- that decision. In our legislation, the gram under chapter 89 of title 5, United tribution trusts, and for other pur- employee can stop a future increase or States Code for the calendar year in which poses; to the Committee on Finance. change the contribution rate. The em- such taxable year begins over the preceding ployer has the discretion to tie these calendar year. Mr. BINGAMAN. Mr. President, I rise today to introduce the Save More for automatic increases to either an an- ‘‘(e) DEFINITIONS.—For purposes of this sec- nual increase or to increases in salary tion— Retirement Act of 2005 with my col- or compensation. This is closely mod- ‘‘(1) QUALIFIED SMALL EMPLOYER.—The leagues Senator SNOWE, Senator LIE- term ‘qualified small employer’ means any BERMAN and Senator OBAMA. This legis- eled on the Save More Tomorrow, employer (as defined in section 2(b)(2) of the lation is designed to achieve two im- SMarT, plan advocated by Shlomo Small Employers Health Benefits Program portant savings goals. First, it will en- Benartzi from UCLA and Richard Act of 2005) which— courage workers who are not currently Thaler from the University of Chicago. ‘‘(A) is a participating employer (as de- These behavioral finance experts claim fined in section 2(b)(5) of such Act), and participating in their employer’s re- tirement plan to do so. Second, it will that although participants in this plan ‘‘(B) pays or incurs at least 60 percent of may start saving at a lower rate—3.5 the qualified employee health insurance ex- encourage workers who are currently penses of each qualified employee. investing in 40l(k) plans to save even percent—than the average, within 4 ‘‘(2) QUALIFIED EMPLOYEE HEALTH INSUR- more. At a time when national savings years increases averaged 13.6 percent— ANCE EXPENSES.— is at a near all-time low, Congress a greater than 10 percent increase. ‘‘(A) IN GENERAL.—The term ‘qualified em- needs to look at ways to expand retire- Compared to the control group saving ployee health insurance expenses’ means any rate of slightly more than 8 percent of amount paid by an employer for health in- ment savings, particularly savings gar- nered through an employer-provided their compensation, the end result is surance coverage under such Act to the ex- quite extraordinary. tent such amount is attributable to coverage retirement plan. This legislation is a provided to any employee while such em- commonsense approach that is based To encourage employers to make ployee is a qualified employee. on research undertaken and compiled these two changes to the plan, the leg- ‘‘(B) EXCEPTION FOR AMOUNTS PAID UNDER by a host of retirement policy experts islation creates a new safe harbor that, SALARY REDUCTION ARRANGEMENTS.—No from both academia and business. It is if all the criteria are met, treats the amount paid or incurred for health insurance imperative that the Congress continues plan as being nondiscriminatory. In coverage pursuant to a salary reduction ar- to look for new and innovative ways to order to qualify for the safe harbor, the rangement shall be taken into account under employer must provide either a non- subparagraph (A). help workers save for their retirement ‘‘(3) QUALIFIED EMPLOYEE.— through the existing employer-pro- elective match of 3 percent of the em- ‘‘(A) IN GENERAL.—The term ‘qualified em- vided plan system. This legislation ac- ployee’s compensation or an elective ployee’ means, with respect to any period, an complishes that goal by creating incen- match of 50 percent of the first 7 per- employee (as defined in section 2(b)(1) of tives for employers to modify their ex- cent of the employee’s compensation. such Act) of an employer if the total amount isting plans to add features that have These criteria can be met also if the of wages paid or incurred by such employer been proven to increase savings. employer contributes a comparable to such employee at an annual rate during The first step is to encourage em- amount to another qualified plan for the taxable year exceeds $5,000. the same employees. The employer ‘‘(B) WAGES.—The term ‘wages’ has the ployers to add a feature to its 40l(k) or meaning given such term by section 3121(a) similar plans to enroll its employees in must also allow its contributions to (determined without regard to any dollar the plan upon being hired unless the vest in either 2 years, if the employer limitation contained in such section). employee notifies the employer that he enrolls the employees in its pension ‘‘(f) CERTAIN RULES MADE APPLICABLE.— or she does not want to participate in plan before the employees’ first pay- For purposes of this section, rules similar to the plan. The decision to participate check, or in 1 year if the employer en- the rules of section 52 shall apply. still rests entirely with the employees, rolls the employees within the first ‘‘(g) CREDITS FOR NONPROFIT ORGANIZA- as they can opt out before participa- quarter of being hired. It is important TIONS.—Any credit which would be allowable tion begins or at any time afterward. to note that both of these vesting peri- under subsection (a) with respect to a quali- ods are shorter than current law allows fied small business if such qualified small Although some employers do offer business were not exempt from tax under these types of plans now, most main- and are comparable to what employers this chapter shall be treated as a credit al- tain a more traditional structure under can do under the existing safe harbor. lowable under this subpart to such qualified which the employee must opt into par- Finally, in an effort to help ensure small business.’’. ticipating. Studies have indicated that employees are invested wisely, the leg- (b) CONFORMING AMENDMENTS.— such a seemingly minor change in how islation directs the Department of (1) Paragraph (2) of section 1324(b) of title employees are enrolled can dramati- Labor to provide guidance for employ- 31, United States Code, is amended by insert- cally increase participation rates. It ers in selecting ‘‘default’’ investments ing before the period ‘‘, or from section 36 of such Code’’. has been reported that one large com- so that employers have options besides (2) The table of sections for subpart C of pany experienced an increase in em- money market accounts and invest- part IV of subchapter A of chapter 1 of the ployee participation in their retire- ment contracts. A default investment Internal Revenue Code of 1986 is amended by ment plan of 50 percent once the fea- is the investment that is made when

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4119 employees fail to indicate how they made under clause (i), and such clause shall period before any year (or if the plan elects would like their retirement savings in- cease to apply to compensation paid on or to change the applicable percentage after vested. Due to liability concerns, re- after the effective date of the election. any increase in compensation, before the in- tirement plans tend to invest these ‘‘(iv) APPLICABLE PERCENTAGE.—For pur- crease), given notice of the employee’s rights poses of this subparagraph— and obligations under the arrangement. funds in either investment contracts or ‘‘(I) IN GENERAL.—The term ‘applicable per- The requirements of clauses (i) and (ii) of money market accounts. The benefit of centage’ means, with respect to any em- paragraph (12)(D) shall be met with respect compounding interest that would occur ployee, the percentage (not less than 3 per- to the notices described in clauses (ii) and with even modest returns in broad- cent) determined under the arrangement. (iii) of this subparagraph. based funds that have an equity compo- ‘‘(II) INCREASE IN PERCENTAGE.—In the case ‘‘(E) PARTICIPATION, WITHDRAWAL, AND nent is lost. This guidance will not of the second plan year beginning after the VESTING REQUIREMENTS.—The requirements allow employers to make default in- first date on which the election under clause of this subparagraph are met if— (i)(I) is in effect with respect to the em- ‘‘(i) the arrangement requires that each vestment decisions that are risky or ployee and any succeeding plan year, the ap- put the employee’s retirement at risk. employee eligible to participate in the ar- plicable percentage shall be a percentage rangement (determined without regard to It is important to note that the em- (not greater than 10 percent or such higher any minimum service requirement otherwise ployee always retains the ability to in- percentage specified by the plan) equal to applicable under section 410(a) or the plan) vest the funds differently in other in- the sum of the applicable percentage for the commences participation in the arrangement employee as of the close of the preceding vestment options offered by the plan if no later than the 1st day of the 1st calendar plan year plus 1 percentage point (or such they do not like the default investment quarter following the date on which em- higher percentage specified by the plan). A ployee first becomes so eligible, offered by the employer. plan may elect to provide that, in lieu of any ‘‘(ii) the withdrawal requirements of para- I thank all of those who have done increase under the preceding sentence, the graph (2)(B) are met with respect to all em- considerable research into the impact increase in the applicable percentage re- ployer contributions (including matching of human behavior on savings, which quired under this subclause shall occur after and elective contributions) taken into ac- was quite instrumental to the drafting each increase in compensation an employee receives on or after the first day of such sec- count in determining whether the arrange- of this legislation. I look forward to ment meets the requirements of subpara- continuing to work with them and oth- ond plan year and that the applicable per- centage after each such increase in com- graph (C), and ers interested in this new approach to pensation shall be equal to the applicable ‘‘(iii) the arrangement requires that an em- addressing our Nation’s savings prob- percentage for the employee immediately be- ployee’s right to the accrued benefit derived lems. fore such increase in compensation plus 1 from employer contributions described in I ask unanimous consent that the percentage point (or such higher percentage clause (ii) (other than elective contributions) text of the bill be printed in the specified by the plan). is nonforfeitable after the employee has completed— RECORD. ‘‘(C) MATCHING OR NONELECTIVE CONTRIBU- TIONS.— ‘‘(I) at least 1 year of service, or S. 875 ‘‘(i) IN GENERAL.—The requirements of this ‘‘(II) in the case of an employee who is eli- Be it enacted by the Senate and House of Rep- subparagraph are met if, under the arrange- gible to participate in the arrangement as of resentatives of the United States of America in ment, the employer— the first day on which the employee begins Congress assembled, ‘‘(I) makes matching contributions on be- employment with the employer maintaining SECTION 1. SHORT TITLE. half of each employee who is not a highly the arrangement, at least 2 years of service. This Act may be cited as the ‘‘Save More compensated employee in an amount equal ‘‘(F) CERTAIN WITHDRAWALS MUST BE AL- for Retirement Act of 2005’’. to 50 percent of the elective contributions of LOWED.— SEC. 2. INCREASING PARTICIPATION IN CASH OR the employee to the extent such elective ‘‘(i) IN GENERAL.—Notwithstanding any DEFERRED PLANS THROUGH AUTO- contributions do not exceed 7 percent of other provision of this subsection, the re- MATIC CONTRIBUTION ARRANGE- compensation; or quirements of this subparagraph are met if MENTS. ‘‘(II) is required, without regard to whether the arrangement allows employees to elect (a) IN GENERAL.—Section 401(k) of the In- the employee makes an elective contribution to withdraw elective contributions described ternal Revenue Code of 1986 (relating to cash or employee contribution, to make a con- in subparagraph (B)(i) (and earnings attrib- or deferred arrangement) is amended by add- tribution to a defined contribution plan on utable thereto) from the cash or deferred ar- ing at the end the following new paragraph: behalf of each employee who is not a highly rangement in accordance with the provisions ‘‘(13) NONDISCRIMINATION REQUIREMENTS FOR compensated employee and who is eligible to of this subparagraph. AUTOMATIC CONTRIBUTION TRUSTS.— participate in the arrangement in an amount ‘‘(ii) TIME FOR MAKING ELECTION.—Clause (i) ‘‘(A) IN GENERAL.—A cash or deferred ar- equal to at least 3 percent of the employee’s shall not apply to an election by an em- rangement shall be treated as meeting the compensation, ployee unless the election is made no later requirements of paragraph (3)(A)(ii) if such The rules of clauses (ii) and (iii) of paragraph than the close of the latest of the following arrangement constitutes an automatic con- (12)(B) shall apply for purposes of subclause payroll periods occurring after the first pay- tribution trust. (I). The rules of paragraph (12)(E)(ii) shall roll period to which the automatic enroll- ‘‘(B) AUTOMATIC CONTRIBUTION TRUST.— apply for purposes of subclauses (I) and (II). ment system applies to the employee: ‘‘(i) IN GENERAL.—For purposes of this ‘‘(ii) OTHER PLANS.—An arrangement shall ‘‘(I) The payroll period in which the aggre- paragraph, the term ‘automatic contribution be treated as meeting the requirements gate elective contributions made under sub- trust’ means an arrangement— under clause (i) if any other plan maintained paragraph (B)(i) first exceed $500. ‘‘(I) except as provided in clauses (ii) and by the employer meets such requirements ‘‘(II) The second payroll period following (iii), under which each employee eligible to with respect to employees eligible under the such first payroll period. participate in the arrangement is treated as arrangement. ‘‘(III) The first payroll period which begins having elected to have the employer make ‘‘(D) NOTICE REQUIREMENTS.— at least one month after the close of the first elective contributions in an amount equal to ‘‘(i) IN GENERAL.—The requirements of this payroll period to which the automatic en- the applicable percentage of the employee’s subparagraph are met if the requirements of rollment system applies. compensation, and clauses (ii) and (iii) are met. ‘‘(iii) AMOUNT OF DISTRIBUTION.—Clause (i) ‘‘(II) which meets the requirements of sub- ‘‘(ii) REASONABLE PERIOD TO MAKE ELEC- shall not apply to any election by an em- paragraphs (C), (D), (E), and (F). TION.—The requirements of this clause are ployee unless the amount of any distribution ‘‘(ii) EXCEPTION FOR EXISTING EMPLOYEES.— met if each employee to whom subparagraph by reason of the election is equal to the In the case of any employee— (B)(i) applies— amount of elective contributions made with ‘‘(I) who was eligible to participate in the ‘‘(I) receives a notice explaining the em- respect to the first payroll period to which arrangement (or a predecessor arrangement) ployee’s right under the arrangement to the automatic enrollment system applies to immediately before the first date on which elect not to have elective contributions the employee and any succeeding payroll pe- the arrangement is an automatic contribu- made on the employee’s behalf, and how con- riod beginning before the effective date of tion trust, and tributions made under the arrangement will the election (and earnings attributable ‘‘(II) whose rate of contribution imme- be invested in the absence of any investment thereto). diately before such first date was less than election by the employee, and ‘‘(iv) TREATMENT OF DISTRIBUTION.—In the the applicable percentage for the employee, ‘‘(II) has a reasonable period of time after case of any distribution to an employee pur- clause (i)(I) shall not apply to such employee receipt of such notice and before the first suant to an election under clause (i)— until the date which is 1 year after such first elective contribution is made to make such ‘‘(I) the amount of such distribution shall date (or such earlier date as the employee election. be includible in the gross income of the em- may elect). ‘‘(iii) ANNUAL NOTICE OF RIGHTS AND OBLIGA- ployee for the taxable year of the employee ‘‘(iii) ELECTION OUT.—Each employee eligi- TIONS.—The requirements of this clause are in which the distribution is made, and ble to participate in the arrangement may met if each employee eligible to participate ‘‘(II) no tax shall be imposed under section specifically elect not to have contributions in the arrangement is, within a reasonable 72(t) with respect to the distribution.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4120 CONGRESSIONAL RECORD — SENATE April 21, 2005

‘‘(v) EMPLOYER MATCHING CONTRIBUTIONS.— ‘‘(2) ELIGIBLE AUTOMATIC CONTRIBUTION AR- ignating default investments that include a In the case of any distribution to an em- RANGEMENT.—For purposes of this sub- mix of asset classes consistent with long- ployee by reason of an election under clause section, the term ‘eligible automatic con- term capital appreciation. (i), employer matching contributions shall tribution arrangement’ means an arrange- ‘‘(B) NOTICE REQUIREMENTS.— be forfeited or subject to such other treat- ment— ‘‘(i) IN GENERAL.—The requirements of this ment as the Secretary may prescribe.’’ ‘‘(A) under which a participant may elect subparagraph are met if each participant— (b) MATCHING CONTRIBUTIONS.—Section to have the employer make payments as con- ‘‘(I) receives, within a reasonable period of 401(m) of the Internal Revenue Code of 1986 tributions under the plan on behalf of the time before each plan year, a notice explain- (relating to nondiscrimination test for participant, or to the participant directly in ing the employee’s right under the plan to matching contributions and employee con- cash, designate how contributions and earnings tributions) is amended by redesignating ‘‘(B) under which the participant is treated will be invested and explaining how, in the paragraph (12) as paragraph (13) and by in- as having elected to have the employer make absence of any investment election by the serting after paragraph (11) the following such contributions in an amount equal to a participant, such contributions and earnings new paragraph: uniform percentage of compensation pro- will be invested, and ‘‘(12) ALTERNATE METHOD FOR AUTOMATIC vided under the plan until the participant ‘‘(II) has a reasonable period of time after CONTRIBUTION TRUSTS.—A defined contribu- specifically elects not to have such contribu- receipt of such notice and before the begin- tion plan shall be treated as meeting the re- tions made (or specifically elects to have ning of the plan year to make such designa- quirements of paragraph (2) with respect to such contributions made at a different per- tion. matching contributions if the plan— centage), ‘‘(ii) FORM OF NOTICE.—The requirements of ‘‘(A) meets the contribution requirements ‘‘(C) under which contributions described clauses (i) and (ii) of section 401(k)(12)(D) of of subparagraphs (B)(i) and (C) of subsection in subparagraph (B) are invested in accord- the Internal Revenue Code of 1986 shall be (k)(13); ance with regulations prescribed by the Sec- met with respect to the notices described in ‘‘(B) meets the notice requirements of sub- retary under section 404(c)(4), and this subparagraph.’’ paragraph (D) of subsection (k)(13); and ‘‘(D) which meets the requirements of (b) EFFECTIVE DATE.— ‘‘(C) meets the requirements of paragraph paragraph (3). (1) IN GENERAL.—The amendments made by (11)(B) (ii) and (iii).’’. ‘‘(3) NOTICE REQUIREMENTS.— this section shall apply to plan years begin- (c) EXCLUSION FROM DEFINITION OF TOP- ‘‘(A) IN GENERAL.—The administrator of an ning after December 31, 2005. HEAVY PLANS.— individual account plan shall, within a rea- (2) REGULATIONS.—Final regulations under (1) ELECTIVE CONTRIBUTION RULE.—Clause sonable period before each plan year, give to section 404(c)(4)(A) of the Employee Retire- (i) of section 416(g)(4)(H) of the Internal Rev- each employee to whom an arrangement de- ment Income Security Act of 1974 (as added enue Code of 1986 is amended by inserting scribed in paragraph (2) applies for such plan ‘‘or 401(k)(13)’’ after ‘‘section 401(k)(12)’’. by this section) shall be issued no later than year notice of the employee’s rights and obli- 6 months after the date of the enactment of (2) MATCHING CONTRIBUTION RULE.—Clause gations under the arrangement which— (ii) of section 416(g)(4)(H) of such Code is this Act. ‘‘(i) is sufficiently accurate and com- amended by inserting ‘‘or 401(m)(12)’’ after prehensive to apprise the employee of such ‘‘section 401(m)(11)’’. By Mr. HATCH (for himself, Mrs. rights and obligations, and (d) DEFINITION OF COMPENSATION.— FEINSTEIN, Mr. SPECTER, Mr. ‘‘(ii) is written in a manner calculated to (1) BASE PAY OR RATE OF PAY.—The Sec- KENNEDY, and Mr. HARKIN): retary of the Treasury shall, no later than be understood by the average employee to S. 876. A bill to prohibit human December 31, 2006, modify Treasury Regula- whom the arrangement applies. cloning and protect stem cell research; ‘‘(B) TIME AND FORM OF NOTICE.—A notice tion section 1.414(s)–1(d)(3) to facilitate the to the Committee on the Judiciary. use of the safe harbors in sections 401(k)(12), shall not be treated as meeting the require- ments of subparagraph (A) with respect to an There being no objection, the text of 401(k)(13), 401(m)(11), and 401(m)(12) of the In- the bill was ordered to be printed in ternal Revenue Code of 1986, and in Treasury employee unless— Regulation section 1.401(a)(4)–3(b), by plans ‘‘(i) the notice includes a notice explaining the RECORD, as follows: that use base pay or rate of pay in deter- the employee’s right under the arrangement Mr. HATCH. Mr. President, I am very mining contributions or benefits. Such modi- to elect not to have elective contributions pleased to join with Senators FEIN- fications shall include increased flexibility made on the employee’s behalf (or to elect to STEIN, SPECTER, KENNEDY, and HARKIN in satisfying section 414(s) of such Code in have such contributions made at a different to introduce the Human Cloning Ban any case where the amount of overtime com- percentage), and Stem Cell Research Protection Act pensation payable in a year can vary signifi- ‘‘(ii) the employee has a reasonable period of time after receipt of the notice described of 2005. This bill could help usher in the cantly. next great era of medical treatment. (2) APPLICATION OF REQUIREMENTS TO SEPA- in clause (i) and before the first elective con- RATE PAYROLL PERIODS.—Not later than De- tribution is made to make such election, and At the same time, it will criminalize cember 31, 2006, the Secretary of the Treas- ‘‘(iii) the notice explains how contributions the offensive practice of reproductive ury shall issue rules under subparagraphs made under the arrangement will be invested cloning. (B)(i) and (C)(i) of section 401(k)(13) of such in the absence of any investment election by If you remember when Jonas Salk Code and under clause (i) of section the employee.’’. discovered the polio vaccine, you will 401(m)(12)(A) of such Code that, effective for (g) EFFECTIVE DATE.— recall what a revolutionary step that plan years beginning after December 31, 2006, (1) IN GENERAL.—Except as provided by paragraph (2), the amendments made by this was, to be able to stop ravaging dis- permit such requirements to be applied sepa- eases before they hit their victims. It rately to separate payroll periods based on section shall apply to plan years beginning rules similar to the rules described in Treas- after December 31, 2005. led to a whole new way of practicing ury Regulation sections 1.401(k)–3(c)(5)(ii) (2) SECTION 403(b) CONTRACTS.—The amend- medicine and paved the way for the and 1.401(m)–3(d)(4). ments made by subsection (e) shall apply to vaccines and treatments that we take (e) SECTION 403(b) CONTRACTS.—Paragraph years ending after the date of the enactment for granted today. (11) of section 401(m) of the Internal Revenue of this Act. I believe we are on the verge of a Code of 1986 is amended by adding at the end SEC. 3. TREATMENT OF INVESTMENT OF ASSETS similar step, a new generation in med- BY PLAN WHERE PARTICIPANT the following: ical research and treatment, thanks to ‘‘(C) SECTION 403(b) CONTRACTS.—An annu- FAILS TO EXERCISE INVESTMENT ity contract under section 403(b) shall be ELECTION. the incredible potential of stem cells. treated as meeting the requirements of para- (a) IN GENERAL.—Section 404(c) of the Em- Stem cell research—particularly, em- graph (2) with respect to matching contribu- ployee Retirement Income Security Act of bryonic stem cell research—holds great tions if such contract meets requirements 1974 (29 U.S.C. 1104(c)) is amended by adding promise. To quote Nobel Laureate Dr. at the end the following new paragraph: similar to the requirements under subpara- Harold Varmus, ‘‘The development of ‘‘(4) DEFAULT INVESTMENT ARRANGE- graph (A).’’. cell lines that may produce almost (f) PREEMPTION OF CONFLICTING STATE REG- MENTS.— ULATION.—Section 514 of the Employee Re- ‘‘(A) IN GENERAL.—For purposes of para- every tissue of the human body is an tirement Income Security of 1974 (29 U.S.C. graph (1), a participant in an individual ac- unprecedented scientific breakthrough. 1144) is amended by inserting at the end the count plan meeting the notice requirements It is not too unrealistic to say that this following new subsection: of subparagraph (B) shall be treated as exer- research has the potential to revolu- ‘‘(e) AUTOMATIC CONTRIBUTION ARRANGE- cising control over the assets in the account tionize the practice of medicine and MENTS.— with respect to the amount of contributions improve the quality and length of life.’’ ‘‘(1) IN GENERAL.—Notwithstanding any and earnings which, in the absence of an in- As Dr. Varmus noted, embryonic other provision of this section, any law of a vestment election by the participant, are in- State shall be superseded if it would directly vested by the plan in accordance with regu- stem cells appear to have the amazing or indirectly prohibit or restrict the inclu- lations prescribed by the Secretary. The reg- potential to transform themselves into sion in any plan of an eligible automatic ulations under this subparagraph shall pro- any of the more than 200 types of cells contribution arrangement. vide guidance on the appropriateness of des- that form the human body. These cells

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4121 could be the key to understanding There being no objection, the bill was to forfeiture to the United States in accord- much about human health and disease ordered to be printed in the RECORD, as ance with the procedures set forth in chapter and may yield new diagnostic tests, follows: 46 of title 18, United States Code. ‘‘(e) RIGHT OF ACTION.—Nothing in this sec- treatments, and cures for diseases such S. 876 tion shall be construed to give any indi- as diabetes, cancer, heart disease, Par- Be it enacted by the Senate and House of Rep- vidual or person a private right of action.’’. kinson’s, autoimmune diseases, and resentatives of the United States of America in SEC. 102. OVERSIGHT REPORTS ON ACTIONS TO many, many others. Congress assembled, ENFORCE CERTAIN PROHIBITIONS. Stem cell research could potentially SECTION 1. SHORT TITLE. (a) REPORT ON ACTIONS BY ATTORNEY GEN- be the scientific advance that takes the This Act may be cited as the ‘‘Human ERAL TO ENFORCE CHAPTER 16 OF TITLE 18.— practice of medicine not just to the Cloning Ban and Stem Cell Research Protec- Not later than 1 year after the date of enact- next level, but to five or ten levels tion Act of 2005’’. ment of this Act, the Comptroller General shall prepare and submit to the Committee above and beyond. Like my colleagues, SEC. 2. PURPOSES. It is the purpose of this Act to prohibit on the Judiciary of the Senate and the Com- I believe there is an urgent need for mittee on the Judiciary of the House of Rep- uniformity in the rules governing stem human cloning and to protect important areas of medical research, including stem resentatives a report that— cell research in America. But let me cell research. (1) describes the actions taken by the At- just stress one aspect of that need: eth- torney General to enforce the provisions of TITLE I—PROHIBITION ON HUMAN chapter 16 of title 18, United States Code (as ics. Without the National Institutes of CLONING Health setting the ethical guidelines added by section 101); SEC. 101. PROHIBITION ON HUMAN CLONING. (2) describes the personnel and resources for stem cell research, we invite a host (a) IN GENERAL.—Title 18, United States the Attorney General has utilized to enforce of problems. Most of us feel strongly Code, is amended by inserting after chapter the provisions of such chapter; and that human reproductive cloning is 15, the following: (3) contain a list of any violations, if any, of the provisions of such chapter 16. wrong, for example. But where should ‘‘CHAPTER 16—PROHIBITION ON HUMAN CLONING (b) REPORT ON ACTIONS OF STATE ATTOR- the lines be drawn with regard to em- ‘‘301. Prohibition on human cloning bryonic stem cell research—particu- NEYS GENERAL TO ENFORCE SIMILAR STATE ‘‘§ 301. Prohibition on human cloning LAWS.— larly, somatic cell nuclear transfer and ‘‘(a) DEFINITIONS.—In this section: (1) DEFINITION.—In this subsection and sub- the use of cell lines derived from IVF ‘‘(1) HUMAN CLONING.—The term ‘human section (c), the term ‘‘similar State law re- embryos? cloning’ means implanting or attempting to lating to human cloning’’ means a State or The NIH is the obvious and crucial implant the product of nuclear transplan- local law that provides for the imposition of choice to help set the ethical bound- tation into a uterus or the functional equiva- criminal penalties on individuals who are de- aries. Our bill will ban outright any at- lent of a uterus. termined to be conducting or attempting to tempt at bringing to life a cloned ‘‘(2) HUMAN SOMATIC CELL.—The term conduct human cloning (as defined in section human being. It will also prohibit re- ‘human somatic cell’ means any human cell 301 of title 18, United States Code (as added by section 101)). search on any embryo created through other than a haploid germ cell. ‘‘(3) NUCLEAR TRANSPLANTATION.—The term (2) REPORT.—Not later than 1 year after somatic cell nuclear transfer beyond 14 ‘nuclear transplantation’ means transferring the date of enactment of this Act, the Comp- days, require informed consent of do- the nucleus of a human somatic cell into an troller General shall prepare and submit to nors, prohibit profiteering from do- oocyte from which the nucleus or all chro- the Committee on the Judiciary of the Sen- nated eggs, and mandate separation of mosomes have been or will be removed or ate and the Committee on the Judiciary of the egg collection site from the re- rendered inert. the House of Representatives a report that— (A) describes any similar State law relat- search laboratory. ‘‘(4) NUCLEUS.—The term ‘nucleus’ means the cell structure that houses the chro- ing to human cloning; The NIH will help determine other (B) describes the actions taken by the mosomes. suitable ethical guidelines in allowing State attorneys general to enforce the provi- ‘‘(5) OOCYTE.—The term ‘oocyte’ means the this critical research to go forward sions of any similar State law relating to female germ cell, the egg. human cloning; with Federal funding and at federally- ‘‘(6) UNFERTILIZED BLASTOCYST.—The term (C) contains a list of violations, if any, of funded institutions. There is no ques- ‘unfertilized blastocyst’ means an intact cel- the provisions of any similar State law relat- tion in my mind that, when they do, lular structure that is the product of nuclear ing to human cloning; and the rest of the world will follow. transplantation. Such term shall not include (D) contains a list of any individual who, Now, the last time we introduced this stem cells, other cells, cellular structures, or or organization that, has violated, or has bill, there was interest in the fact that biological products derived from an intact been charged with violating, any similar I, as a strongly pro-life senator, would cellular structure that is the product of nu- State law relating to human cloning. be the lead sponsor. I think we have clear transplantation. (c) REPORT ON COORDINATION OF ENFORCE- ‘‘(b) PROHIBITIONS ON HUMAN CLONING.—It MENT ACTIONS AMONG THE FEDERAL AND put that issue behind us, as more pro- shall be unlawful for any person or other life lawmakers have expressed their STATE AND LOCAL GOVERNMENTS WITH RE- legal entity, public or private— SPECT TO HUMAN CLONING.—Not later than 1 support for this research. The fact is, I ‘‘(1) to conduct or attempt to conduct year after the date of enactment of this Act, have never believed that life begins in human cloning; the Comptroller General shall prepare and a Petri dish. And as I travel across my ‘‘(2) to ship the product of nuclear trans- submit to the Committee on the Judiciary of home State of Utah, more and more plantation in interstate or foreign commerce the Senate and the Committee on the Judici- Utahns, whether they are pro-life or for the purpose of human cloning in the ary of the House of Representatives a report United States or elsewhere; or that not, come up to me and say, ‘‘ORRIN, ‘‘(3) to export to a foreign country an we’re with you on this. You’re doing (1) describes how the Attorney General co- unfertilized blastocyst if such country does ordinates the enforcement of violations of the right thing.’’ not prohibit human cloning. chapter 16 of title 18, United States Code (as That support is building across the ‘‘(c) PROTECTION OF RESEARCH.—Nothing in added by section 101), with enforcement ac- country, and we must act. If we do not this section shall be construed to restrict tions taken by State or local government seize this opportunity, other countries practices not expressly prohibited in this law enforcement officials with respect to could take the leading role in medi- section. similar State laws relating to human cine’s next great advance. We will lose ‘‘(d) PENALTIES.— cloning; and ‘‘(1) CRIMINAL PENALTIES.—Whoever inten- the chance to set ethical guidelines, we (2) describes the status and disposition of— tionally violates paragraph (1), (2), or (3) of (A) Federal appellate litigation with re- will lose doctors to overseas research subsection (b) shall be fined under this title spect to such chapter 16 and State appellate institutions, and most importantly, we and imprisoned not more than 10 years. litigation with respect to similar State laws will lose the chance to offer new hope ‘‘(2) CIVIL PENALTIES.—Whoever inten- relating to human cloning; and to American and other patients who tionally violates paragraph (1), (2), or (3) of (B) civil litigation, including actions to ap- are waiting in desperation for treat- subsection (b) shall be subject to a civil pen- point guardians, related to human cloning. ments and cures. alty of $1,000,000 or three times the gross pe- (d) REPORT ON INTERNATIONAL LAWS RELAT- I urge the Senate to take up and pass cuniary gain resulting from the violation, ING TO HUMAN CLONING.—Not later than 1 year after the date of enactment of this Act, this bill, and I look forward to the whichever is greater. ‘‘(3) FORFEITURE.—Any property, real or the Comptroller General shall prepare and work ahead. personal, derived from or used to commit a submit to the Committee on the Judiciary of I ask unanimous consent that the violation or attempted violation of the pro- the Senate and the Committee on the Judici- text of the bill be printed in the visions of subsection (b), or any property ary of the House of Representatives a report RECORD. traceable to such property, shall be subject that—

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4122 CONGRESSIONAL RECORD — SENATE April 21, 2005 (1) describes the laws adopted by foreign ‘‘(g) CIVIL PENALTIES.—Whoever inten- ernment oversight and under strict countries related to human cloning; tionally violates any provision of sub- ethical requirements. (2) describes the actions taken by the chief sections (b) through (f) shall be subject to a That is why the legislation: Man- law enforcement officer in each foreign coun- civil penalty in an amount that is appro- dates that eggs used in this research be try that has enacted a law described in para- priate for the violation involved, but not graph (1) to enforce such law; and more than $250,000.’’. unfertilized. (3) describes the multilateral efforts of the Mrs. FEINSTEIN. Mr. President, Prohibits the purchase or sale of United Nations and elsewhere to ban human today Senators HATCH, KENNEDY, SPEC- unfertilized eggs—to prevent ‘‘embryo cloning. TER, HARKIN and I are introducing leg- farms’’ or the possible exploitation of TITLE II—ETHICAL REQUIREMENTS FOR islation to ban human reproductive women. NUCLEAR TRANSPLANTATION RESEARCH cloning, while ensuring that important Imposes strong ethics rules on sci- SEC. 201. ETHICAL REQUIREMENTS FOR NU- medical research goes forward under entists, mandating informed consent CLEAR TRANSPLANTATION RE- strict oversight by the federal govern- by egg donors, and include safety and SEARCH. ment. privacy protections. Title IV of the Public Health Service Act Prohibit any research on an (42 U.S.C. 281 et seq.) is amended by adding Simply put, this legislation will en- at the end the following: able research to be conducted that pro- unfertilized blastocyst after 14 days— After 14 days, an unfertilized blasto- ‘‘PART J—ETHICAL REQUIREMENTS FOR vides hope to millions of Americans NUCLEAR TRANSPLANTATION RESEARCH suffering from paralysis and debili- cyst begins differentiating into a spe- cific type of cell such as a heart or ‘‘SEC. 499A. ETHICAL REQUIREMENTS FOR NU- tating diseases including Juvenile Dia- CLEAR TRANSPLANTATION RE- betes, Parkinson’s, Alzheimer’s, cancer brain cell and is no longer useful for SEARCH, INCLUDING INFORMED and heart disease. the purposes of embryonic stem cell re- CONSENT, INSTITUTIONAL REVIEW Every member of this body knows search. BOARD REVIEW, AND PROTECTION FOR SAFETY AND PRIVACY. someone—whether it’s a parent or Requires that all egg donations be ‘‘(a) DEFINITIONS.— grandparent, a child or a friend—who voluntary, and that there is no finan- ‘‘(1) IN GENERAL.—The definitions con- suffers from one of these diseases. That cial or other incentive for egg dona- tained in section 301(a) of title 18, United is why this legislation is so critical. We tions. States Code, shall apply for purposes of this must act now to protect promising re- Requires that nuclear transportation section. search that will bring hope to those occur in labs completely separate from ‘‘(2) OTHER DEFINITIONS.—In this section: who suffer. labs that engage in in vitro fertiliza- ‘‘(A) DONATING.—The term ‘donating’ I now that every member of this body means giving without receiving valuable tion. consideration. would agree that human reproductive And for those who violate or attempt ‘‘(B) FERTILIZATION.—The term ‘fertiliza- cloning is immoral and unethical. It to violate the ethical requirements of tion’ means the fusion of an oocyte con- should be outlawed by Congress and the legislation, they will be subject to taining a haploid nucleus with a male ga- the President. That is exactly what civil penalties of up to $250,000 per vio- mete (sperm cell). this bill does. lation. ‘‘(C) VALUABLE CONSIDERATION.—The term It prohibits any person from con- Embryonic stem cell research that is ‘valuable consideration’ does not include ducting or attempting to clone a currently being done using private reasonable payments— human being. It also prohibits shipping funds, in animal models, and by sci- ‘‘(i) associated with the transportation, materials for the purpose of human processing, preservation, or storage of a entists overseas continues to show human oocyte or of the product of nuclear cloning in interstate or foreign com- great promise and potential. This transplantation research; or merce and prohibits the export of an progress will not be sustained in the ‘‘(ii) to compensate a donor of one or more unfertilized blastocyst to a foreign U.S. without additional stem cell lines human oocytes for the time or inconvenience country if such country does not pro- for federally-funded research and with- associated with such donation. hibit human cloning. out strict federal oversight of this re- ‘‘(b) APPLICABILITY OF FEDERAL ETHICAL Any person that violates this prohi- search. STANDARDS TO NUCLEAR TRANSPLANTATION bition is subject to harsh criminal and RESEARCH.—Research involving nuclear Senator HATCH and I have argued this civil penalties. They include: imprison- point for years. What has happened transplantation shall be conducted in ac- ment of up to 10 years in federal prison. cordance with subpart A of part 46 of title 45, since the President limited federally- Fines of up to $1 million or three or parts 50 and 56 of title 21, Code of Federal funded research to only those embry- times the gross profits resulting from Regulations (as in effect on the date of en- onic stem cell lines derived prior to actment of the Human Cloning Ban and the violation, whichever is greater. This legislation draws a bright line August 9, 2001? Stem Cell Research Protection Act of 2003), Researchers have made a number of as applicable: between human reproductive cloning advancements confirming the promise ‘‘(c) PROHIBITION ON CONDUCTING NUCLEAR and promising medical research using TRANSPLANTATION ON FERTILIZED EGGS.—A somatic cell nuclear transplantation of embryonic stem cells using animal somatic cell nucleus shall not be trans- for the sole purpose of deriving embry- models and private research dollars. In planted into a human oocyte that has under- onic stem cells. the absence of federal policy on embry- gone or will undergo fertilization. Somatic cell nuclear transplantation onic stem cell research and human re- ‘‘(d) FOURTEEN-DAY RULE.—An unfertilized productive cloning, States have taken blastocyst shall not be maintained after is the process by which scientists de- rive embryonic stem cells that are an action creating a patchwork of state more than 14 days from its first cell division, laws under varying ethical frame- not counting any time during which it is exact genetic match as the patient. stored at temperatures less than zero degrees Those embryonic stem cells will one works. Fewer researchers are choosing centigrade. day be used to correct defective cells to go into this field given the void cre- ‘‘(e) VOLUNTARY DONATION OF OOCYTES.— such as non-insulin producing or can- ated by Federal inaction. ‘‘(1) INFORMED CONSENT.—In accordance cerous cells. Then those patients will Last January, a study published by with subsection (b), an oocyte may not be not be forced to take immuno-suppres- researchers from the University of used in nuclear transplantation research un- sive drugs and risk the chances of re- California San Diego and the Salk In- less such oocyte shall have been donated vol- stitute for Biological Studies con- untarily by and with the informed consent of jection since the new cells will contain the woman donating the oocyte. their own DNA. firmed that all 22 existing federally-ap- ‘‘(2) PROHIBITION ON PURCHASE OR SALE.—No It is truly astonishing that somatic proved stem cell lines are tainted by human oocyte or unfertilized blastocyst may cell nuclear transplantation research mouse feeders cells and cannot be used be acquired, received, or otherwise trans- may one day be used to regrow tissue in humans. ferred for valuable consideration if the or organs that could lead to treatments Researchers at the Whitehead Insti- transfer affects interstate commerce. and cures for diseases that afflict up to tute in Cambridge, MA, used embry- ‘‘(f) SEPARATION OF IN VITRO FERTILIZATION 100 million Americans. What we are onic stem cells created by somatic cell LABORATORIES FROM LOCATIONS AT WHICH nuclear transplantation to cure a ge- NUCLEAR TRANSPLANTATION IS CONDUCTED.— talking about here is research that Nuclear transplantation may not be con- does not even involve sperm and an netic defect in mice. ducted in a laboratory in which human oo- egg. Researchers at Sloan-Kettering Can- cytes are subject to assisted reproductive I believe it is essential that this re- cer Center in New York found that em- technology treatments or procedures. search be conducted with Federal Gov- bryonic stem cells produce proteins

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4123 that can help ailing organs repair help turn the hopes of millions of combinant DNA—the very foundation themselves. Americans into reality. of biotechnology. Stanford scientists were able to re- I ask unanimous consent that the at- Time after time, we heard of the lieve diabetes symptoms in mice by tached letter be printed in the RECORD. medical advances that this new field of using special chemicals to transform There being no objection, the letter research would bring. Then—as now— undifferentiated embryonic stem cells was ordered to be printed in the some dismissed this promise as a pipe of mice into cell masses that resemble RECORD, as follows: dream and urged Congress to forbid it. islets found in the mouse pancreas. COALITION FOR THE ADVANCEMENT We chose instead to vote for new hope In the absence of federal legislation, OF MEDICAL RESEARCH, and new cures. Today, countless Amer- we have seen a patchwork of State laws Washington, DC, April 21, 2005. icans and persons throughout the world under varying ethical frameworks and Senator DIANNE FEINSTEIN, are already benefiting from the new U.S. Senate, 331 Hart Senate Office Building treatments that biotechnology has this is extremely worrisome. In total, Washington, DC. 30 States have passed laws pertaining DEAR SENATOR FEINSTEIN, On behalf of the brought. Why call a halt? to stem cell research and there is tre- Coalition for the Advancement of Medical In the 1980s Congress made the right mendous variety in those laws. Research (CAMR), I am writing to add our choice, again, by rejecting attempts to California launched a $3 billion ini- strong support for the introduction of the outlaw in vitro fertilization, a tech- tiative to fund embryonic stem cell re- Human Cloning Ban and Stem Cell Research nique that has fulfilled the hopes and search including somatic cell nuclear Protection Act of 2005. Along with Senator dreams of thousands of parents who ORRIN HATCH (R–UT), Senator ARLEN SPEC- transplantation research which bans would never have been able to have a TER (R–PA), Senator TED KENNEDY (D–MA), child. human reproductive cloning. and Senator TOM HARKIN (D–IA), your leader- At least 6 academic centers in Cali- ship in protecting research using somatic Our debate today is no different and fornia including UC San Francisco, cell nuclear transfer (SCNT), also known as Congress should do all it can to support Stanford, UCLA, UC Berkeley, UC therapeutic cloning, is greatly appreciated. lifesaving research, not prohibit it. Irvine and UC Davis have already This year, Congress will address the future Other nations are more than willing of biomedical research and the Nation’s ef- begun developing facilities where this to leave us behind. The potential of forts to prevent, treat, and cure such debili- this research is so immense that some embryonic stem cell research will be tating diseases as cancer, juvenile diabetes, of our best scientists are already leav- conducted and are all actively recruit- ALS, Parkinson’s disease, spinal cord inju- ing America to pursue their dreams in ing stem cell biologists from across the ries and many more. Let me be clear, CAMR research laboratories in other coun- country. supports a ban on reproductive cloning; it is tries. We need to stop that exodus be- New Jersey has proposed a $380 mil- unsafe and unethical. Given the scientific potential of SCNT and regenerative medi- fore it becomes a nightmare. Do we lion initiative to fund embryonic stem cine, however, we strongly support the bill’s really want to wake up 10 years from cell research. effort to allow for this research, which may now and hear that a former American Wisconsin has proposed investing $750 provide essential tools allowing scientists to scientist in another land has won the million to support embryonic stem cell develop the promise of embryonic stern cell Nobel Prize in medicine for a landmark research. research. I am sure you will agree, thera- discovery in stem cell research? By contrast, Arkansas, Iowa, North peutic cloning is about saving and improving lives. It is fW1damemally different from The misguided fears of today can’t be Dakota, South Dakota and Michigan allowed to deny the cures of tomorrow. have specifically prohibited nuclear human reproductive cloning; it produces stem cells, not babies. I commend my colleagues for their transfer used to create stem cells. And CAMR applauds your leadership in spon- leadership on this important legisla- 22 other States have enacted laws on soring legislation that ensures cures for dev- tion, and I hope the Senate will act the matter. astating diseases continue to be developed. quickly to approve this urgently need- What this means is researchers and We look forward to working with you. ed bill. research money are now moving to Thank you, States with pro-research laws and pro- DANIEL PERRY, By Mr. DOMENICI (for himself, research Governors. President. Mr. KENNEDY. It is a privilege to Mr. LIEBERMAN, Mr. FRIST, Mr. There is clearly a void that needs to join Senator HATCH, Senator FEIN- LUGAR, Mr. ISAKSON, Mr. ENZI, be filled—and it can only be filled by STEIN, Senator SPECTER and Senator Mr. FEINGOLD, Mr. CRAPO, Mr. the Federal Government. HARKIN in sponsoring the Human ALEXANDER, Mr. BUNNING, Mr. To be clear, this is research that in- Cloning Ban and Stem Cell Research SESSIONS, Mr. ALLARD, and Mr. volves an unfertilized blastocyst. No Protection Act of 2005. This bipartisan CORZINE): sperm are involved. It is conducted in a proposal will outlaw human cloning S. 877. A bill to provide for a biennial petri dish and cannot occur beyond 14 and open the way to proper, ethical budget process and a biennial appro- days. It is also prohibited from ever cures for our most feared diseases. priations process and to enhance over- being implanted into a woman to cre- Using cloning to reproduce a child is sight and the performance of the Fed- ate a child. improper and immoral—and our legis- eral Government; to the Committee on For those who believe that the clump lation will make it illegal. Medicine the Budget. of cells in a petri dish that we are talk- must advance hand in hand with eth- Mr. DOMENICI. Mr. President, on be- ing about is a human life, that is a ics, and the legislation we introduce half of Senator LIEBERMAN, the distin- moral decision each person must make today will make certain that American guished Ranking Member of the Gov- for himself, but to impose that view on research sets the gold standard for eth- ernmental Affairs Committee and elev- the more than 100 million of our par- ical oversight. en other Senators, I rise to introduce ents, children and friends who suffer But it is wrong to deny the great po- the ‘‘Biennial Budgeting and Appro- from Parkinson’s, diabetes, Alz- tential of medical research using the priations Act,’’ a bill to convert the an- heimer’s and cancer is immoral. remarkable new techniques of stem nual budget and appropriations process As former Senator and Episcopal cell research, which can save lives by to a two-year cycle and to enhance minister John C. Danforth said re- preventing, treating, and curing a wide oversight of federal programs. cently in an op-ed in the New York range of severe diseases and disabil- Our most recent experience with the Times, ‘‘Criminalizing the work of sci- ities. Omnibus Consolidated Appropriations entists doing such research would give We see the benefits of investment in Act shows the need for a biennial ap- strong support to one religious doc- biotechnology all around us. Fifty propriations and budget process. That trine, and it would punish people who years ago last week, Jonas Salk an- one bill clearly demonstrated Congress believe it is their religious duty to use nounced the first polio vaccine. Imag- is incapable of completing the budget, science to heal the sick. ine a world without that extraordinary authorizing, and appropriations process This is exactly why the legislation I discovery—where peoples everywhere on an annual basis. That 1,000 plus am introducing with my colleagues lived in fear of the polio virus and the paged bill contained nine of the regular Senators HATCH, KENNEDY, SPECTER devastation it brings. appropriations bills. and HARKIN is needed. I urge the Sen- Thirty years ago, Congress was con- Congress should now act to stream- ate to take up and pass this bill and sidering whether to ban research on re- line the system by moving to a two-

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4124 CONGRESSIONAL RECORD — SENATE April 21, 2005 year, or biennial, budget process. This bating the budget throughout the au- must be made in budgeting, but it can is the most important reform we can thorizing, budgeting, and appropria- provide the tools necessary to make enact to streamline the budget process, tions process, just imagine how con- much better decisions. Under the cur- to make the Senate a more delibera- fused the American public is about rent annual budget process we are con- tive and effective institution, and to what we are doing. The result is that stantly spending the taxpayers’ money make us more accountable to the the public does not understand what we instead of focusing on how best and American people. are doing and it breeds cynicism about most efficiently we should spend the Moving to a biennial budget and ap- our government. taxpayers’ money. By moving to a bi- propriations process enjoys very broad Under the legislation I am intro- ennial budget cycle, we can plan, budg- support. President Bush has supported ducing today, the President would sub- et, and appropriate more effectively, a biennial budgeting process. Presi- mit a 2-year budget and Congress strengthen oversight and watchdog dents Clinton, Reagan and Bush also would consider a 2-year budget resolu- functions, and improve the efficiency proposed a biennial appropriations and tion and 2-year appropriation bills dur- of government agencies. budget cycle. Leon Panetta, who served ing the first session of a Congress. The I ask unanimous consent that the as White House Chief of Staff, OMB Di- second session of the Congress would be text of the bill be printed in the rector, and House Budget Committee devoted to consideration of authoriza- RECORD. Chairman, has advocated a biennial tion bills and for oversight of govern- There being no objection, the bill was budget since the late 1970s. Former ment agencies. ordered to be printed in the RECORD, as OMB and CBO Director Alice Rivlin Most of the arguments against a bi- follows: has called for a biennial budget the ennial budget process will come from S. 877 past two decades. The Majority Leader those who claim we cannot predict or Be it enacted by the Senate and House of Rep- is a co-sponsor of this legislation. plan on a two year basis. For most of resentatives of the United States of America in Vice President Gore’s National Per- the budget, we do not actually budget Congress assembled, on an annual basis. Our entitlement SECTION 1. SHORT TITLE. formance Review and the 1993 Joint This Act may be cited as the ‘‘Biennial Committee on the Reorganization of and revenue laws are under permanent Budgeting and Appropriations Act’’. Congress both recommended a biennial law and Congress does not change these SEC. 2. REVISION OF TIMETABLE. appropriations and budget cycle. laws on an annual basis. The only com- Section 300 of the Congressional Budget A biennial budget will dramatically ponent of the budget that is set in law Act of 1974 (2 U.S.C. 631) is amended to read improve the current budget process. annually are the appropriated, or dis- as follows: The current annual budget process is cretionary, accounts. ‘‘TIMETABLE redundant, inefficient, and destined for The most predictable category of the ‘‘SEC. 300. (a) IN GENERAL.—Except as pro- failure each year. Look at what we budget are these appropriated, or dis- vided by subsection (b), the timetable with struggle to complete each year under cretionary, accounts of the federal gov- respect to the congressional budget process the current annual process. The annual ernment. Much of this spending is asso- for any Congress (beginning with the One Hundred Tenth Congress) is as follows: budget process consumes three years: ciated with international activities or one year for the Administration to pre- emergencies. Because most of this pare the President’s budget, another funding cannot be predicted on an an- ‘‘First Session year for the Congress to put the budget nual basis, a biennial budget is no less ‘‘On or before: Action to be completed: into law, and the final year to actually deficient than the current annual proc- First Monday in President submits budget rec- execute the budget. ess. My bill does not preclude supple- February. ommendations. Today, I want to focus just on the February 15 ...... Congressional Budget Office sub- mental appropriations necessary to mits report to Budget Commit- Congressional budget process, the proc- meet these emergency or unanticipated tees. ess of annually passing a budget resolu- requirements. Not later than 6 Committees submit views and es- tion, authorization legislation, and In 1993 I had the honor to serve as co- weeks after timates to Budget Committees. budget sub- multiple appropriation bills. The Chairman on a Joint Committee that mission. record clearly shows that last year’s studied the operations of the Congress. April 1...... Budget Committees report con- experience was nothing new. Under the Senator BYRD testified before that current resolution on the bien- annual process, we consistently fail to Committee that the increasing de- nial budget. May 15...... Congress completes action on complete action on multiple appropria- mands put on us as Senators has led to concurrent resolution on the tions bills, to authorize programs, and our ‘‘fractured attention.’’ We simply biennial budget. to meet our deadlines. are too busy to adequately focus on the May 15 ...... Biennial appropriation bills may be considered in the House. While we have made a number of im- people’s business. This legislation is June 10 ...... House Appropriations Committee provements in the budget process, the designed to free up time and focus our reports last biennial appropria- current annual process is redundant attention, particularly with respect to tion bill. and inefficient. The Senate has the the oversight of Federal programs and June 30 ...... House completes action on bien- nial appropriation bills. same debate, amendments and votes on activities. August 1...... Congress completes action on the same issue three or four times a Frankly, the limited oversight we are reconciliation legislation. year—once on the budget resolution, now doing is not as good as it should October 1 ...... Biennium begins. again on the authorization bill, and fi- be. Our authorizing committees are in- ‘‘Second Session nally on the appropriations bill. creasingly crowded out of the legisla- ‘‘On or before: Action to be completed: A few years ago, I asked the Congres- tive process. Under a biennial budget, February 15 ...... President submits budget review. sional Research Service (CRS) to up- the second year of the biennium will be Not later than 6 Congressional Budget Office sub- weeks after mits report to Budget Commit- date and expand upon an analysis of exclusively devoted to examining fed- President sub- tees. the amount of time we spend on the eral programs and developing author- mits budget budget. CRS looked at all votes on ap- ization legislation. The calendar will review. The last day of Congress completes action on propriations, revenue, reconciliation, be free of the budget and appropria- the session. bills and resolutions author- and debt limit measures as well as tions process, giving these committees izing new budget authority for budget resolutions. CRS then examined the time and opportunity to provide the succeeding biennium. any other vote dealing with budgetary oversight, review and legislate changes ‘‘(b) SPECIAL RULE.—In the case of any first levels, Budget Act waivers, or votes to federal programs. Oversight and the session of Congress that begins in any year pertaining to the budget process. Be- authorization should be an ongoing immediately following a leap year and dur- ginning with 1980, budget related votes process, but a biennial appropriations ing which the term of a President (except a started dominating the work of the process will provide greater oppor- President who succeeds himself or herself) Senate. In 1996, 73 percent of the votes begins, the following dates shall supersede tunity for legislators to concentrate on those set forth in subsection (a): the Senate took were related to the programs and policies in the second budget. year. If we cannot adequately focus on our Mr. President, a biennial budget can- ‘‘First Session duties because we are constantly de- not make the difficult decisions that ‘‘On or before: Action to be completed:

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0655 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4125

‘‘First Session—Continued (7) ECONOMIC ASSUMPTIONS.—Section (2) by striking ‘‘annual’’ and inserting ‘‘bi- First Monday in President submits budget rec- 301(g)(1) of such Act (2 U.S.C. 632(g)(1)) is ennial’’; April. ommendations. amended by striking ‘‘for a fiscal year’’ and (3) by striking ‘‘fiscal year’’ and inserting April 20 ...... Committees submit views and es- inserting ‘‘for a biennium’’. ‘‘biennium’’; and timates to Budget Committees. May 15...... Budget Committees report con- (8) TABLE OF CONTENTS.—The item relating (4) by striking ‘‘that year’’ and inserting current resolution on the bien- to section 301 in the table of contents set ‘‘each odd-numbered year’’. nial budget. forth in section 1(b) of such Act is amended (i) COMPLETION OF ACTION ON REGULAR AP- June 1...... Congress completes action on by striking ‘‘Annual’’ and inserting ‘‘Bien- PROPRIATION BILLS.—Section 309 of such Act concurrent resolution on the nial’’. (2 U.S.C. 640) is amended— biennial budget. (d) COMMITTEE ALLOCATIONS.—Section 302 (1) by inserting ‘‘of any odd-numbered cal- July 1 ...... Biennial appropriation bills may of such Act (2 U.S.C. 633) is amended— endar year’’ after ‘‘July’’; be considered in the House. (2) by striking ‘‘annual’’ and inserting ‘‘bi- July 20 ...... House completes action on bien- (1) in subsection (a) nial appropriation bills. (A) in paragraph (1), by— ennial’’; and August 1...... Congress completes action on (i) striking ‘‘for the first fiscal year of the (3) by striking ‘‘fiscal year’’ and inserting reconciliation legislation. resolution,’’ and inserting ‘‘for each fiscal ‘‘biennium’’. October 1 ...... Biennium begins.’’. year in the biennium,’’; (j) RECONCILIATION PROCESS.—Section (ii) striking ‘‘for that period of fiscal 310(a) of such Act (2 U.S.C. 641(a)) is amend- SEC. 3. AMENDMENTS TO THE CONGRESSIONAL ed— BUDGET AND IMPOUNDMENT CON- years’’ and inserting ‘‘for all fiscal years cov- TROL ACT OF 1974. ered by the resolution’’; and (1) in the matter preceding paragraph (1), by striking ‘‘any fiscal year’’ and inserting (a) DECLARATION OF PURPOSE.—Section 2(2) (iii) striking ‘‘for the fiscal year of that ‘‘any biennium’’; and of the Congressional Budget and Impound- resolution’’ and inserting ‘‘for each fiscal (2) in paragraph (1) by striking ‘‘such fiscal ment Control Act of 1974 (2 U.S.C. 621(2)) is year in the biennium’’; and year’’ each place it appears and inserting amended by striking ‘‘each year’’ and insert- (B) in paragraph (5), by striking ‘‘April 15’’ ‘‘any fiscal year covered by such resolution’’. ing ‘‘biennially’’. and inserting ‘‘May 15 or June 1 (under sec- (k) SECTION 311 POINT OF ORDER.— (b) DEFINITIONS.— tion 300(b))’’; (2) in subsection (b), by striking ‘‘budget (1) IN THE HOUSE.—Section 311(a)(1) of such (1) BUDGET RESOLUTION.—Section 3(4) of Act (2 U.S.C. 642(a)) is amended— such Act (2 U.S.C. 622(4)) is amended by year’’ and inserting ‘‘biennium’’; (3) in subsection (c) by striking ‘‘for a fis- (A) by striking ‘‘for a fiscal year’’ and in- striking ‘‘fiscal year’’ each place it appears serting ‘‘for a biennium’’; and inserting ‘‘biennium’’. cal year’’ each place it appears and inserting ‘‘for each fiscal year in the biennium’’; (B) by striking ‘‘the first fiscal year’’ each (2) BIENNIUM.—Section 3 of such Act (2 place it appears and inserting ‘‘either fiscal U.S.C. 622) is further amended by adding at (4) in subsection (f)(1), by striking ‘‘for a fiscal year’’ and inserting ‘‘for a biennium’’; year of the biennium’’; and the end the following new paragraph: (C) by striking ‘‘that first fiscal year’’ and ‘‘(11) The term ‘biennium’ means the pe- (5) in subsection (f)(1), by striking ‘‘the first fiscal year’’ and inserting ‘‘each fiscal inserting ‘‘each fiscal year in the biennium’’. riod of 2 consecutive fiscal years beginning (2) IN THE SENATE.—Section 311(a)(2) of on October 1 of any odd-numbered year.’’. year of the biennium’’; (6) in subsection (f)(2)(A), by— such Act is amended— (c) BIENNIAL CONCURRENT RESOLUTION ON (A) in subparagraph (A), by striking ‘‘for THE BUDGET.— (A) striking ‘‘the first fiscal year’’ and in- serting ‘‘each fiscal year of the biennium’’; the first fiscal year’’ and inserting ‘‘for ei- (1) SECTION HEADING.—The section heading ther fiscal year of the biennium’’; and of section 301 of such Act is amended by and (B) striking ‘‘the total of fiscal years’’ and (B) in subparagraph (B)— striking ‘‘annual’’ and inserting ‘‘biennial’’. (i) by striking ‘‘that first fiscal year’’ the (2) CONTENTS OF RESOLUTION.—Section inserting ‘‘the total of all fiscal years cov- ered by the resolution’’; and first place it appears and inserting ‘‘each fis- 301(a) of such Act (2 U.S.C. 632(a)) is amend- cal year in the biennium’’; and ed— (7) in subsection (g)(1)(A), by striking ‘‘April’’ and inserting ‘‘May’’. (ii) by striking ‘‘that first fiscal year and (A) in the matter preceding paragraph (1) the ensuing fiscal years’’ and inserting ‘‘all (e) SECTION 303 POINT OF ORDER.— by— fiscal years’’. (1) IN GENERAL.—Section 303(a) of such Act (i) striking ‘‘April 15 of each year’’ and in- (3) SOCIAL SECURITY LEVELS.—Section (2 U.S.C. 634(a)) is amended by— serting ‘‘May 15 of each odd-numbered year’’; 311(a)(3) of such Act is amended by— (A) striking ‘‘the first fiscal year’’ and in- (ii) striking ‘‘the fiscal year beginning on (A) striking ‘‘for the first fiscal year’’ and serting ‘‘each fiscal year of the biennium’’; October 1 of such year’’ the first place it ap- inserting ‘‘each fiscal year in the biennium’’; and pears and inserting ‘‘the biennium beginning and (B) striking ‘‘that fiscal year’’ each place on October 1 of such year’’; and (B) striking ‘‘that fiscal year and the ensu- it appears and inserting ‘‘that biennium’’. (iii) striking ‘‘the fiscal year beginning on ing fiscal years’’ and inserting ‘‘all fiscal (2) EXCEPTIONS IN THE HOUSE.—Section October 1 of such year’’ the second place it years’’. 303(b)(1) of such Act (2 U.S.C. 634(b)) is appears and inserting ‘‘each fiscal year in (l) MDA POINT OF ORDER.—Section 312(c) of such period’’; amended— the Congressional Budget Act of 1974 (2 (B) in paragraph (6), by striking ‘‘for the (A) in subparagraph (A), by striking ‘‘the U.S.C. 643) is amended— fiscal year’’ and inserting ‘‘for each fiscal budget year’’ and inserting ‘‘the biennium’’; (1) by striking ‘‘for a fiscal year’’ and in- year in the biennium’’; and and serting ‘‘for a biennium’’; (C) in paragraph (7), by striking ‘‘for the (B) in subparagraph (B), by striking ‘‘the (2) in paragraph (1), by striking ‘‘the first fiscal year’’ and inserting ‘‘for each fiscal fiscal year’’ and inserting ‘‘the biennium’’. fiscal year’’ and inserting ‘‘either fiscal year year in the biennium’’. (3) APPLICATION TO THE SENATE.—Section in the biennium’’; (3) ADDITIONAL MATTERS.—Section 301(b)(3) 303(c)(1) of such Act (2 U.S.C. 634(c)) is (3) in paragraph (2), by striking ‘‘that fis- of such Act (2 U.S.C. 632(b)) is amended by amended by— cal year’’ and inserting ‘‘either fiscal year in striking ‘‘for such fiscal year’’ and inserting (A) striking ‘‘fiscal year’’ and inserting the biennium’’; and ‘‘for either fiscal year in such biennium’’. ‘‘biennium’’; and (4) in the matter following paragraph (2), (4) VIEWS OF OTHER COMMITTEES.—Section (B) striking ‘‘that year’’ and inserting by striking ‘‘that fiscal year’’ and inserting 301(d) of such Act (2 U.S.C. 632(d)) is amended ‘‘each fiscal year of that biennium’’. ‘‘the applicable fiscal year’’. (f) PERMISSIBLE REVISIONS OF CONCURRENT by inserting ‘‘(or, if applicable, as provided SEC. 4. AMENDMENTS TO TITLE 31, UNITED by section 300(b))’’ after ‘‘United States RESOLUTIONS ON THE BUDGET.—Section 304(a) STATES CODE. Code’’. of such Act (2 U.S.C. 635) is amended— (a) DEFINITION.—Section 1101 of title 31, (5) HEARINGS.—Section 301(e)(1) of such Act (1) by striking ‘‘fiscal year’’ the first two United States Code, is amended by adding at (2 U.S.C. 632(e)) is amended by— places it appears and inserting ‘‘biennium’’; the end thereof the following new paragraph: (A) striking ‘‘fiscal year’’ and inserting and ‘‘(3) ‘biennium’ has the meaning given to ‘‘biennium’’; and (2) by striking ‘‘for such fiscal year’’ and such term in paragraph (11) of section 3 of (B) inserting after the second sentence the inserting ‘‘for such biennium’’. the Congressional Budget and Impoundment following: ‘‘On or before April 1 of each odd- (g) PROCEDURES FOR CONSIDERATION OF Control Act of 1974 (2 U.S.C. 622(11)).’’. numbered year (or, if applicable, as provided BUDGET RESOLUTIONS.—Section 305 of such (b) BUDGET CONTENTS AND SUBMISSION TO by section 300(b)), the Committee on the Act (2 U.S.C. 636(3)) is amended— THE CONGRESS.— Budget of each House shall report to its (1) in subsection (a)(3), by striking ‘‘fiscal (1) SCHEDULE.—The matter preceding para- House the concurrent resolution on the year’’ and inserting ‘‘biennium’’; and graph (1) in section 1105(a) of title 31, United budget referred to in subsection (a) for the (2) in subsection (b)(3), by striking ‘‘fiscal States Code, is amended to read as follows: biennium beginning on October 1 of that year’’ and inserting ‘‘biennium’’. ‘‘(a) On or before the first Monday in Feb- year.’’. (h) COMPLETION OF HOUSE ACTION ON AP- ruary of each odd-numbered year (or, if ap- (6) GOALS FOR REDUCING UNEMPLOYMENT.— PROPRIATION BILLS.—Section 307 of such Act plicable, as provided by section 300(b) of the Section 301(f) of such Act (2 U.S.C. 632(f)) is (2 U.S.C. 638) is amended— Congressional Budget Act of 1974), beginning amended by striking ‘‘fiscal year’’ each place (1) by striking ‘‘each year’’ and inserting with the One Hundred Ninth Congress, the it appears and inserting ‘‘biennium’’. ‘‘each odd-numbered year’’; President shall transmit to the Congress, the

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4126 CONGRESSIONAL RECORD — SENATE April 21, 2005 budget for the biennium beginning on Octo- fiscal year of the biennium, as the case may SEC. 6. MULTIYEAR AUTHORIZATIONS. ber 1 of such calendar year. The budget of be, for’’; and (a) IN GENERAL.—Title III of the Congres- the United States Government transmitted (3) by striking ‘‘for that year’’ and insert- sional Budget Act of 1974 is amended by add- under this subsection shall include a budget ing ‘‘for each fiscal year of the biennium’’. ing at the end the following new section: message and summary and supporting infor- (e) CAPITAL INVESTMENT ANALYSIS.—Sec- ‘‘AUTHORIZATIONS OF APPROPRIATIONS mation. The President shall include in each tion 1105(e)(1) of title 31, United States Code, ‘‘SEC. 316. (a) POINT OF ORDER.—It shall not budget the following:’’. is amended by striking ‘‘ensuing fiscal year’’ be in order in the House of Representatives (2) EXPENDITURES.—Section 1105(a)(5) of and inserting ‘‘biennium to which such budg- or the Senate to consider— title 31, United States Code, is amended by et relates’’. ‘‘(1) any bill, joint resolution, amendment, striking ‘‘the fiscal year for which the budg- (f) SUPPLEMENTAL BUDGET ESTIMATES AND motion, or conference report that authorizes et is submitted and the 4 fiscal years after CHANGES.— appropriations for a period of less than 2 fis- that year’’ and inserting ‘‘each fiscal year in (1) IN GENERAL.—Section 1106(a) of title 31, cal years, unless the program, project, or ac- the biennium for which the budget is sub- United States Code, is amended— tivity for which the appropriations are au- mitted and in the succeeding 4 fiscal years’’. (A) in the matter preceding paragraph (1), thorized will require no further appropria- (3) RECEIPTS.—Section 1105(a)(6) of title 31, by— tions and will be completed or terminated United States Code, is amended by striking (i) inserting after ‘‘Before July 16 of each after the appropriations have been expended; ‘‘the fiscal year for which the budget is sub- year’’ the following: ‘‘and February 15 of and mitted and the 4 fiscal years after that year’’ each even-numbered year’’; and ‘‘(2) in any odd-numbered year, any author- and inserting ‘‘each fiscal year in the bien- (ii) striking ‘‘fiscal year’’ and inserting ization or revenue bill or joint resolution nium for which the budget is submitted and ‘‘biennium’’; until Congress completes action on the bien- in the succeeding 4 years’’. (B) in paragraph (1), by striking ‘‘that fis- nial budget resolution, all regular biennial (4) BALANCE STATEMENTS.—Section cal year’’ and inserting ‘‘each fiscal year in appropriations bills, and all reconciliation 1105(a)(9)(C) of title 31, United States Code, is such biennium’’; bills. amended by striking ‘‘the fiscal year’’ and (C) in paragraph (2), by striking ‘‘fiscal ‘‘(b) APPLICABILITY.—In the Senate, sub- inserting ‘‘each fiscal year in the biennium’’. year’’ and inserting ‘‘biennium’’; and section (a) shall not apply to— (5) FUNCTIONS AND ACTIVITIES.—Section (D) in paragraph (3), by striking ‘‘fiscal ‘‘(1) any measure that is privileged for con- 1105(a)(12) of title 31, United States Code, is year’’ and inserting ‘‘biennium’’. sideration pursuant to a rule or statute; amended in subparagraph (A), by striking (2) CHANGES.—Section 1106(b) of title 31, ‘‘(2) any matter considered in Executive ‘‘the fiscal year’’ and inserting ‘‘each fiscal United States Code, is amended by— Session; or year in the biennium’’. (A) striking ‘‘the fiscal year’’ and inserting ‘‘(3) an appropriations measure or rec- (6) ALLOWANCES.—Section 1105(a)(13) of ‘‘each fiscal year in the biennium’’; onciliation bill.’’. title 31, United States Code, is amended by (B) inserting after ‘‘Before July 16 of each (b) AMENDMENT TO TABLE OF CONTENTS.— striking ‘‘the fiscal year’’ and inserting year’’ the following: ‘‘and February 15 of The table of contents set forth in section 1(b) ‘‘each fiscal year in the biennium’’. each even-numbered year’’; and of the Congressional Budget and Impound- (7) ALLOWANCES FOR UNCONTROLLED EX- (C) striking ‘‘submitted before July 16’’ ment Control Act of 1974 is amended by add- PENDITURES.—Section 1105(a)(14) of title 31, and inserting ‘‘required by this subsection’’. ing after the item relating to section 315 the United States Code, is amended by striking (g) CURRENT PROGRAMS AND ACTIVITIES ES- following new item: ‘‘that year’’ and inserting ‘‘each fiscal year TIMATES.— ‘‘Sec. 316. Authorizations of appropria- in the biennium for which the budget is sub- (1) IN GENERAL.—Section 1109(a) of title 31, tions.’’. mitted’’. United States Code, is amended— SEC. 7. GOVERNMENT PLANS ON A BIENNIAL (8) TAX EXPENDITURES.—Section 1105(a)(16) (A) by striking ‘‘On or before the first BASIS. of title 31, United States Code, is amended by Monday after January 3 of each year (on or (a) STRATEGIC PLANS.—Section 306 of title striking ‘‘the fiscal year’’ and inserting before February 5 in 1986)’’ and inserting ‘‘At 5, United States Code, is amended— ‘‘each fiscal year in the biennium’’. the same time the budget required by section (1) in subsection (a), by striking ‘‘Sep- (9) FUTURE YEARS.—Section 1105(a)(17) of 1105 is submitted for a biennium’’; and tember 30, 1997’’ and inserting ‘‘September title 31, United States Code, is amended— (B) by striking ‘‘the following fiscal year’’ 30, 2005’’; (A) by striking ‘‘the fiscal year following and inserting ‘‘each fiscal year of such pe- (2) in subsection (b)— the fiscal year’’ and inserting ‘‘each fiscal riod’’. (A) by striking ‘‘five years forward’’ and year in the biennium following the bien- (2) JOINT ECONOMIC COMMITTEE.—Section inserting ‘‘6 years forward’’; nium’’; 1109(b) of title 31, United States Code, is (B) by striking ‘‘at least every three (B) by striking ‘‘that following fiscal year’’ amended by striking ‘‘March 1 of each year’’ years’’ and inserting ‘‘at least every 4 and inserting ‘‘each such fiscal year’’; and and inserting ‘‘within 6 weeks of the Presi- years’’; and (C) by striking ‘‘fiscal year before the fis- dent’s budget submission for each odd-num- (C) by striking beginning with ‘‘, except cal year’’ and inserting ‘‘biennium before the bered year (or, if applicable, as provided by that’’ through ‘‘four years’’; and biennium’’. section 300(b) of the Congressional Budget (3) in subsection (c), by inserting a comma (10) PRIOR YEAR OUTLAYS.—Section Act of 1974)’’. after ‘‘section’’ the second place it appears 1105(a)(18) of title 31, United States Code, is (h) YEAR-AHEAD REQUESTS FOR AUTHOR- and adding ‘‘including a strategic plan sub- amended— IZING LEGISLATION.—Section 1110 of title 31, mitted by September 30, 2005 meeting the re- (A) by striking ‘‘the prior fiscal year’’ and United States Code, is amended by— quirements of subsection (a)’’. inserting ‘‘each of the 2 most recently com- (1) striking ‘‘May 16’’ and inserting ‘‘March (b) BUDGET CONTENTS AND SUBMISSION TO pleted fiscal years,’’; 31’’; and CONGRESS.—Paragraph (28) of section 1105(a) (B) by striking ‘‘for that year’’ and insert- (2) striking ‘‘year before the year in which of title 31, United States Code, is amended by ing ‘‘with respect to those fiscal years’’; and the fiscal year begins’’ and inserting ‘‘cal- striking ‘‘beginning with fiscal year 1999, a’’ and inserting ‘‘beginning with fiscal year (C) by striking ‘‘in that year’’ and insert- endar year preceding the calendar year in 2006, a biennial’’. ing ‘‘in those fiscal years’’. which the biennium begins’’. (11) PRIOR YEAR RECEIPTS.—Section (c) PERFORMANCE PLANS.—Section 1115 of SEC. 5. TWO-YEAR APPROPRIATIONS; TITLE AND title 31, United States Code, is amended— 1105(a)(19) of title 31, United States Code, is STYLE OF APPROPRIATIONS ACTS. amended— (1) in subsection (a)— Section 105 of title 1, United States Code, (A) in the matter before paragraph (1)— (A) by striking ‘‘the prior fiscal year’’ and is amended to read as follows: inserting ‘‘each of the 2 most recently com- (i) by striking ‘‘section 1105(a)(29)’’ and in- ‘‘§ 105. Title and style of appropriations Acts pleted fiscal years’’; serting ‘‘section 1105(a)(28)’’; and (B) by striking ‘‘for that year’’ and insert- ‘‘(a) The style and title of all Acts making (ii) by striking ‘‘an annual’’ and inserting ing ‘‘with respect to those fiscal years’’; and appropriations for the support of the Govern- ‘‘a biennial’’; (C) by striking ‘‘in that year’’ each place it ment shall be as follows: ‘An Act making ap- (B) in paragraph (1) by inserting after appears and inserting ‘‘in those fiscal years’’. propriations (here insert the object) for each ‘‘program activity’’ the following: ‘‘for both (c) ESTIMATED EXPENDITURES OF LEGISLA- fiscal year in the biennium of fiscal years years 1 and 2 of the biennial plan’’; TIVE AND JUDICIAL BRANCHES.—Section (here insert the fiscal years of the bien- (C) in paragraph (5) by striking ‘‘and’’ after 1105(b) of title 31, United States Code, is nium).’. the semicolon, amended by striking ‘‘each year’’ and insert- ‘‘(b) All Acts making regular appropria- (D) in paragraph (6) by striking the period ing ‘‘each even-numbered year’’. tions for the support of the Government and inserting a semicolon; and inserting (d) RECOMMENDATIONS TO MEET ESTIMATED shall be enacted for a biennium and shall ‘‘and’’ after the inserted semicolon; and DEFICIENCIES.—Section 1105(c) of title 31, specify the amount of appropriations pro- (E) by adding after paragraph (6) the fol- United States Code, is amended— vided for each fiscal year in such period. lowing: (1) by striking ‘‘the fiscal year for’’ the ‘‘(c) For purposes of this section, the term ‘‘(7) cover a 2-year period beginning with first place it appears and inserting ‘‘each fis- ‘biennium’ has the same meaning as in sec- the first fiscal year of the next biennial cal year in the biennium for’’; tion 3(11) of the Congressional Budget and budget cycle.’’; (2) by striking ‘‘the fiscal year for’’ the Impoundment Control Act of 1974 (2 U.S.C. (2) in subsection (d) by striking ‘‘annual’’ second place it appears and inserting ‘‘each 622(11)).’’. and inserting ‘‘biennial’’; and

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4127 (3) in paragraph (6) of subsection (f) by ‘‘CONSIDERATION OF BIENNIAL APPROPRIATIONS ports more than 836,000 jobs, more than striking ‘‘annual’’ and inserting ‘‘biennial’’. BILLS 20 percent of total State employment, (d) MANAGERIAL ACCOUNTABILITY AND ‘‘SEC. 317. It shall not be in order in the generates more than $16.6 billion in FLEXIBILITY.—Section 9703 of title 31, United House of Representatives or the Senate in wages, and brings in more than $5.5 bil- States Code, relating to managerial account- any odd-numbered year to consider any reg- ability, is amended— lion in tax revenues to the State. ular bill providing new budget authority or a Until the Bush administration came (1) in subsection (a)— limitation on obligations under the jurisdic- (A) in the first sentence by striking ‘‘an- tion of any of the subcommittees of the Com- into office, there was no reason to sus- nual’’; and mittees on Appropriations for only the first pect that drilling was even a remote (B) by striking ‘‘section 1105(a)(29)’’ and in- fiscal year of a biennium, unless the pro- possibility. Since 1982, a statutory serting ‘‘section 1105(a)(28)’’; gram, project, or activity for which the new moratorium on leasing activities in (2) in subsection (e)— budget authority or obligation limitation is most Outer Continental Shelf, OCS, (A) in the first sentence by striking ‘‘one provided will require no additional authority areas has been included annually in In- or’’ before ‘‘years’’; beyond 1 year and will be completed or ter- (B) in the second sentence by striking ‘‘a terior appropriations acts. In addition, minated after the amount provided has been President George H.W. Bush declared a subsequent year’’ and inserting ‘‘a subse- expended.’’. quent 2-year period’’; and (b) AMENDMENT TO TABLE OF CONTENTS.— leasing moratorium on many OCS (C) in the third sentence by striking The table of contents set forth in section 1(b) areas on June 26, 1990, under section 12 ‘‘three’’ and inserting ‘‘4’’. of the Congressional Budget and Impound- of the OCS Lands Act. On June 12, 1998, (e) PILOT PROJECTS FOR PERFORMANCE ment Control Act of 1974 is amended by add- President Clinton used the same au- BUDGETING.—Section 1119 of title 31, United ing after the item relating to section 316 the thority to issue a memorandum to the States Code, is amended— following new item: (1) in paragraph (1) of subsection (d), by Secretary of the Interior that extended striking ‘‘annual’’ and inserting ‘‘biennial’’; ‘‘Sec. 317. Consideration of biennial appro- the moratorium through 2012 and in- and priations bills.’’. cluded additional OCS areas. (2) in subsection (e), by striking ‘‘annual’’ SEC. 9. REPORT ON TWO-YEAR FISCAL PERIOD. Given the longstanding consensus and inserting ‘‘biennial’’. Not later than 180 days after the date of against drilling in these areas, I was (f) STRATEGIC PLANS.—Section 2802 of title enactment of this Act, the Director of OMB deeply disturbed to discover that on shall— 39, United States Code, is amended— May 31, 2001, the Minerals Management (1) is subsection (a), by striking ‘‘Sep- (1) determine the impact and feasibility of tember 30, 1997’’ and inserting ‘‘September changing the definition of a fiscal year and Service released a request for pro- 30, 2005’’; the budget process based on that definition posals, RFP, to conduct a study of the (2) by striking ‘‘five years forward’’ and in- to a 2-year fiscal period with a biennial budg- environmental impacts of drilling in serting ‘‘6 years forward’’; et process based on the 2-year period; and the Mid- and North-Atlantic. The RFP (3) in subsection (b), by striking ‘‘at least (2) report the findings of the study to the noted that ‘‘there are areas with some every three years’’ and inserting ‘‘at least Committees on the Budget of the House of reservoir potential, for example off the every 4 years’’; and Representatives and the Senate. coast of New Jersey.’’ In addition, the (4) in subsection (c), by inserting a comma SEC. 10. EFFECTIVE DATE. RFP explained that the study would be after ‘‘section’’ the second place it appears (a) IN GENERAL.—Except as provided in sec- and inserting ‘‘including a strategic plan tions 8 and 10 and subsection (b), this Act conducted ‘‘in anticipation of man- submitted by September 30, 2005 meeting the and the amendments made by this Act shall aging the exploitation of potential and requirements of subsection (a)’’. take effect on January 1, 2007, and shall proven reserves.’’ I believed that the (g) PERFORMANCE PLANS.—Section 2803(a) apply to budget resolutions and appropria- RFP was inappropriate and misguided, of title 39, United States Code, is amended— tions for the biennium beginning with fiscal and I was pleased when at my urging (1) in the matter before paragraph (1), by year 2008. and the urging of other coastal Sen- striking ‘‘an annual’’ and inserting ‘‘a bien- (b) AUTHORIZATIONS FOR THE BIENNIUM.— ators, the administration rescinded it. nial’’; For purposes of authorizations for the bien- After our strong bipartisan coalition (2) in paragraph (1), by inserting after nium beginning with fiscal year 2006, the ‘‘program activity’’ the following: ‘‘for both provisions of this Act and the amendments fought off the Department of the Inte- years 1 and 2 of the biennial plan’’; made by this Act relating to 2-year author- rior RFP, our coastal coalition came (3) in paragraph (5), by striking ‘‘and’’ izations shall take effect January 1, 2005. together again to fight off the Outer after the semicolon; Continental Shelf inventory provisions (4) in paragraph (6), by striking the period By Mr. CORZINE (for himself and of last year’s energy bill. The bill di- and inserting ‘‘; and’’; and Mr. LAUTENBERG): rected the Department of the Interior (5) by adding after paragraph (6) the fol- S. 878. A bill to amend the Outer Con- to inventory all potential oil and nat- lowing: tinental Shelf Lands Act to perma- ural gas resources in the entire Outer ‘‘(7) cover a 2-year period beginning with nently prohibit the conduct of offshore the first fiscal year of the next biennial Continental Shelf, including areas off budget cycle.’’. drilling on the Outer Continental Shelf of the New Jersey coast. The bill would (h) COMMITTEE VIEWS OF PLANS AND RE- in the Mid-Atlantic and North Atlantic have allowed the use of seismic sur- PORTS.—Section 301(d) of the Congressional planning areas; to the Committee on veys, dart core sampling, and other ex- Budget Act (2 U.S.C. 632(d)) is amended by Energy and Natural Resources. ploration technologies, all of which adding at the end ‘‘Each committee of the Mr. CORZINE. Mr. President, today, would leave these areas vulnerable to Senate or the House of Representatives shall along with Senator LAUTENBERG, I am oil spills, drilling discharges and dam- review the strategic plans, performance introducing legislation, the Clean plans, and performance reports, required age to coastal wetlands. under section 306 of title 5, United States Ocean and Safe Tourism Anti-Drilling These provisions run directly counter Code, and sections 1115 and 1116 of title 31, Act, or COAST Anti-Drilling Act, to to language that Congress has included United States Code, of all agencies under the ban oil and gas drilling off the Mid-At- annually in appropriations bills to pre- jurisdiction of the committee. Each com- lantic and Northern Atlantic coast. vent leasing, preleasing, and related mittee may provide its views on such plans The people of New Jersey, and other activities in most areas of the Outer or reports to the Committee on the Budget residents of States along the Atlantic Continental Shelf, including areas off of the applicable House.’’. Coast, do not want oil or gas rigs any- the New Jersey coast. Fortunately, (i) EFFECTIVE DATE.— where near their treasured beaches and (1) IN GENERAL.—The amendments made by this provision was dropped last year, this section shall take effect on March 1, fishing grounds. Such drilling poses se- but it is likely that it will resurface 2005. rious threats not only to our environ- during debate on the Energy bill this (2) AGENCY ACTIONS.—Effective on and after ment, but to our economy, which de- year, and it is clear that we need to the date of enactment of this Act, each agen- pends heavily on tourism along our once and for all ban drilling off the cy shall take such actions as necessary to shore. Coastal tourism is New Jersey’s coast of New Jersey and the rest of the prepare and submit any plan or report in ac- second-largest industry, and the New Mid- and North-Atlantic. cordance with the amendments made by this Jersey Shore is one of the fastest grow- So considering the minimal benefit Act. ing regions in the country. According and significant downside of drilling off SEC. 8. BIENNIAL APPROPRIATIONS BILLS. (a) IN GENERAL.—Title III of the Congres- to the New Jersey Department of Com- the coast of New Jersey, it is not worth sional Budget Act of 1974 (2 U.S.C. 631 et seq.) merce, tourism in the Garden State threatening over 800,000 New Jersey is amended by adding at the end the fol- generates more than $31 billion in jobs to recover what the MMS esti- lowing: spending, directly and indirectly sup- mated in 2000 to be 196 million barrels

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4128 CONGRESSIONAL RECORD — SENATE April 21, 2005 of oil, only enough to last the country rent and former members of the Com- U.S.C. 4102(d)(1)) is amended in the second barely 10 days. mission will not be eligible. Awards sentence by striking ‘‘90 days’’ and inserting I certainly don’t think it is worth the will be capped at a symbolic amount of ‘‘, in the case of the chairperson, 120 days, risk, and it is time for Congress to act $1,000, but the recognition by each win- and, in the case of any other member, 90 days,’’. to resolve this question once and for ner’s scientific peers will be invaluable. (b) REDESIGNATION.—Section 103(d)(2) of the all. That is why I am introducing the Third and finally, the bill will allow Arctic Research and Policy Act of 1984 (15 COAST Anti-Drilling Act. The Clean the Commission to reciprocate in the U.S.C. 4102(d)(2)) is amended by striking Ocean and Safe Tourism Anti-Drilling expected manner when foreign delega- ‘‘Chairman’’ and inserting ‘‘chairperson’’. Act would permanently ban drilling for tions host a reception or other event. SEC. 3. COMMISSION AWARDS FOR EXCELLENCE oil, gas and other minerals in the Mid- This provision is limited to no more IN RESEARCH. and North-Atlantic. than two-tenths of a percent of the (a) AUTHORITY.—Section 104 of the Arctic I look forward to working with my Commission budget—as with the award Research and Policy Act of 1984 (15 U.S.C. colleagues to enact this important leg- 4103) is amended— program, the value is primarily sym- (1) by redesignating subsection (b) as sub- islation. Doing so would ensure the bolic, but is nonetheless important. section (c); and people of New Jersey and neighboring Although these are small changes, (2) by inserting after subsection (a) the fol- States that they need not fear the they will help ensure a smoothly func- lowing new subsection: specter of oil rigs off their beaches. tioning Arctic Research Act, and that ‘‘(b) COMMISSION AWARDS FOR EXCELLENCE I ask unanimous consent that the is important. Although it is not some- IN RESEARCH.— text of the bill be printed in the thing you hear about on a daily basis, ‘‘(1) IN GENERAL.—Each year, the Commis- RECORD. the United States is a leader in the sion may make a cash award to any person There being no objection, the bill was in recognition of excellence in Arctic re- very small circle of Arctic nations, and search conducted by such person or out- ordered to be printed in the RECORD, as the Congress plays a major role in en- standing support of Arctic research provided follows: suring that we remain a leader in this by such person. S. 878 critically important sphere. And make ‘‘(2) AMOUNT.—The amount of a cash award Be it enacted by the Senate and House of Rep- no mistake about it, the Arctic is crit- made to a person under paragraph (1) shall resentatives of the United States of America in ical to this country for social, stra- be fixed by the Commission and shall not ex- Congress assembled, tegic, economic and scientific reasons ceed $1,000. SECTION 1. SHORT TITLE. that are simply too plentiful to enu- ‘‘(3) INELIGIBILITY OF COMMISSION MEM- This Act may be cited as the ‘‘Clean Ocean BERS.—An individual who is or has been a merate at this time. member of the Commission shall be ineli- and Safe Tourism Anti-Drilling Act’’ or the The main purposes of the Arctic Re- ‘‘COAST Anti-Drilling Act’’. gible to receive an award under paragraph search and Policy Act are: 1, to estab- (1).’’. SEC. 2. PROHIBITION OF OIL AND GAS LEASING lish national policy for basic and ap- (b) TECHNICAL AMENDMENTS.—Section 104 IN CERTAIN AREAS OF THE OUTER CONTINENTAL SHELF. plied research on Arctic resources and of such Act, as amended by subsection (a), is Section 8 of the Outer Continental Shelf materials, physical, biological and further amended— Lands Act (43 U.S.C. 1337) is amended by add- health sciences, and social and behav- (1) by inserting ‘‘DUTIES OF COMMISSION.—’’ ing at the end the following: ioral sciences; 2, to establish the U.S. before ‘‘The Commission’’ in subsection (a); and ‘‘(p) PROHIBITION OF OIL AND GAS LEASING Arctic Research Commission to pro- IN CERTAIN AREAS OF THE OUTER CONTI- (2) by inserting ‘‘REPORT.—’’ before ‘‘Not mote Arctic research and to rec- later than’’ in subsection (c). NENTAL SHELF.—Notwithstanding any other ommend research policies; 3, to des- provision of this section or any other law, SEC. 4. REPRESENTATION AND RECEPTION AC- the Secretary of the Interior shall not issue ignate the National Science Founda- TIVITIES. a lease for the exploration, development, or tion as the lead agency for imple- Section 106 of the Arctic Research and Pol- production of oil, natural gas, or any other menting Arctic research; and, 4, to es- icy Act of 1984 (15 U.S.C. 4105) is amended— mineral in— tablish the Interagency Arctic Re- (1) by striking ‘‘and’’ at the end of para- ‘‘(1) the Mid-Atlantic planning area; or search Policy Committee, IARPC, graph (4); ‘‘(2) the North Atlantic planning area.’’. which is responsible for coordinating a (2) by striking the period at the end of paragraph (5) and inserting ‘‘; and’’; and multiplicity of Arctic research efforts By Ms. MURKOWSKI: (3) by adding at the end the following: throughout the government. ‘‘(6) expend for representation and recep- S. 879. A bill to make improvements As we continue to see evidence of to the Arctic Research and Policy Act tion expenses each fiscal year not more than Arctic warming—whether or not we 0.2 percent of the amounts made available to of 1984; to the Committee on Homeland consider it to be human-caused or nat- the Commission under section 111 for such Security and Governmental Affairs. ural, global or regional—it is of tre- fiscal year.’’. Ms. MURKOWSKI. Mr. President, it mendous importance to prepare as best has been 20 years since the passage of we can. The future may hold both By Mrs. BOXER (for herself and the Arctic Research and Policy Act of positives—such as increased agricul- Mrs. FEINSTEIN): 1984, a bill sponsored by the former tural production and access to natural S. 880. A bill to expand the bound- Senator Murkowski. The time has resources—and negatives—such as aries of the Gulf of the Farallones Na- come to make some modifications to widespread damage to existing infra- tional Marine Sanctuary and the reflect the experience we’ve gained structure, flooding, and sweeping social Cordell Bank National Marine Sanc- over that time. changes. The Arctic Research Commis- tuary; to the Committee on Environ- I’m pleased to note that the amend- sion plays a vital role and deserves our ment and Public Works. ments I introducing today are really full support. Mrs. BOXER. Mr. President, today I very modest, an indication that the I ask unanimous consent that the am introducing the Gulf of the act—and the presidential commission text of the bill be printed in the Farallones and Cordell Bank National it created—have functioned quite well. Marine Sanctuaries Boundary Modi- RECORD. These minimal changes will, I hope, There being no objection, the bill was fication and Protection Act. I am make them function even more joined in this effort by Senator FEIN- ordered to be printed in the RECORD, as smoothly. follows: STEIN and Representative LYNN WOOL- First, the chairman of the Arctic Re- SEY who has introduced the companion search Commission will be authorized S. 879 bill in the other body. compensation for an additional 30 days Be it enacted by the Senate and House of Rep- The Gulf of the Farallones and the of work during the course of a year. resentatives of the United States of America in adjacent Cordell Bank are rich with Congress assembled, That is still far less than the actual wildlife and are visually spectacular. SECTION 1. SHORT TITLE. number of days demanded by the posi- They are one of California’s—indeed This Act may be cited as the ‘‘Arctic Re- tion, but will help. Second, the bill will search and Policy Amendments Act of 2005’’. America’s—great natural treasures. allow the Commission to stimulate ad- Thirty-three marine mammal species SEC. 2. CHAIRPERSON OF THE ARCTIC RE- ditional interest in Arctic research by SEARCH COMMISSION. use this area. Over half of these are establishing a professional award pro- (a) COMPENSATION.—Section 103(d)(1) of the threatened or endangered. The sanc- gram for excellence in research. Cur- Arctic Research and Policy Act of 1984 (15 tuaries also contain one of the largest

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4129 populations of blue and humpback stagnant water continues to erode res- ciary responsibility for converting the whales in the world. Every summer, ervation lands today. Spokane Tribe’s resource to its own many grey whales dwell in the bound- The legislation Senators INOUYE, benefit. Senators INOUYE, MURRAY and aries and neighboring waters of the MURRAY and I are introducing today is I believe that the legislation we are sanctuaries. In addition, birds rely on similar to P.L. 103–436, which was en- proposing today will finally bring a fair the rich waters and surrounding land acted in 1994 to provide just compensa- and honorable closure to these mat- for nesting, feeding, and rearing of tion to the neighboring Confederated ters. We are pleased that similar bipar- their young. Colville Tribes. This bill would provide tisan legislation was also introduced As effective as the current bound- the Spokane Tribe of Indians with com- today in the U.S House of Representa- aries are in protecting this wildlife, pensation for the use of its lands for tives. new risks and a better understanding the production of hydropower by the I look forward to working with the of the ecosystem necessitate extending Grand Coulee Dam under a formula Indian Affairs Committee and Senate the existing boundaries. based in part on that by which the Con- colleagues as this legislation proceeds My legislation would expand the federated Tribes of the Colville Res- through the Congress. boundaries of the two existing national ervation were compensated in the marine sanctuaries to protect the en- Colville Tribes’ settlement legislation By Mr. DURBIN (for himself, Ms. tire Sonoma Coast. By expanding the in 1994. The Spokane Tribe lost lands STABENOW, Mr. WYDEN, Mr. boundaries of both the Gulf of the equivalent in area to 39.4 percent of the LAUTENBERG, Mr. BAYH, Mr. Farallones and Cordell Bank National lands lost to Colville Tribes a settle- LEAHY, Mr. LIEBERMAN, Mrs. Marine Sanctuaries, the bill will pro- ment based solely on this factor would BOXER, Mr. KENNEDY, Mr. REED, tect the Russian and Gualala River es- result in a proportional payment of 39.4 Mrs. CLINTON, Mr. CORZINE, Mr. tuaries and the nutrient-rich Bodega percent to the Spokane Tribe. This was KERRY, Mr. FEINGOLD, and Mr. Canyon from offshore oil drilling and the formula basis for similar Spokane SCHUMER): S. 882. A bill to designate certain pollution. settlement legislation introduced in Federal land in the State of Utah as Expanding these marine sanctuaries the Senate and House in the 107th, wilderness, and for other purposes; to will help to ensure that they remain 108th, and 109th Congress. However, the Committee on Energy and Natural the treasures they are. I urge my col- based upon good faith, honorable and Resources. leagues to support this bill. extensive negotiations by and between the Spokane Tribe, the Bonneville Mr. DURBIN. Mr. President, I rise By Ms. CANTWELL (for herself, Power Administration, the Bureau of today to introduce America’s Red Rock Wilderness Act of 2005. This legislation Mr. MCCAIN, Mr. DORGAN, Mrs. Reclamation the National Park Serv- continues our Nation’s commitment to MURRAY, and Mr. INOUYE): ice during the past year, this percent- S. 881. A bill to provide for equitable age has been reduced to 29 percent in preserve our natural heritage. Preser- compensation to the Spokane Tribe of recognition of the fact that certain vation of our Nation’s vital natural re- Indians of the Spokane Reservation for lands taken for the construction of the sources will be one of our most impor- tant legacies. the use of tribal land for the produc- Grand Coulee Dam would be restored to Unfortunately, remaining wilderness tion of hydropower by the Grand Cou- the Spokane Tribe under the terms of areas are increasingly threatened and this legislation. The legislation re- lee Dam, and for other purposes; to the degraded by oil and gas development, serves a perpetual right, power, and Committee on Indian Affairs. mining, claims of rights of way, log- Ms. CANTWELL. Mr. President, I easement over the land transferred to ging and off-road vehicles. America’s carry out the Columbia Basin Project rise today to introduce legislation with Red Rock Wilderness Act will des- under the Columbia Basin Project Act, my colleague from Washington State, ignate 9.5 million acres of land man- 16 U.S.C. 835 et seq. Senator MURRAY, and former Senate aged by the Bureau of Land Manage- The United States has a trust respon- Indian Affairs Committee chairman, ment, BLM, in Utah as wilderness sibility to maintain and protect the in- Senator INOUYE of Hawaii. The bill I under the Wilderness Act. Wilderness tegrity of all tribal lands with its bor- submit today, which is identical to S. designation will preserve the land’s ders. When Federal actions physically 1438 which passed the Senate unani- wilderness character, along with the or economically impact or harm, our mously on November 19, 2004, provides values associated with that wilderness; Nation has a legal responsibility to ad- an equitable settlement of a longer scenic beauty, solitude, wildlife, geo- dress and compensate the damaged par- standing injustice to the Spokane logical features, archaeological sites, ties. Unfortunately, despite countless Tribe of Indians. and other features of scientific, edu- effort, half a century has passed with- For more than half a century, the Co- cational and historical value. lumbia Basin Project has made an ex- out justice to the Spokane people. America’s Red Rock Wilderness Act traordinary contribution to this Na- In hearings before the Senate Com- will provide wilderness protection for tion. It helped pull the economy out of mittee on Indian Affairs on October 2, red rock cliffs offering spectacular vis- the Great Depression. It provided the 2003, Robert A. Robinson, Managing Di- tas of rare rock formations, canyons electricity that produced aluminum re- rector, Natural Resources and Environ- and desert lands, important archae- quired for airplanes and weapons that ment, General Accounting Office testi- ological sites, and habitat for rare ensured our national security. The fied: plant and animal species. project continues to produce enormous A reasonable case can be made to settle Volunteers have taken inventories of revenues for the United States. It is a the Spokane Tribe’s case along the lines of thousands of square miles of BLM land key component of the agricultural the Colville settlement—a one-time payment in Utah to help determine which lands from the U.S. Treasury for past lost pay- economy in eastern Washington and ments for water power values and annual should be protected. These volunteers plays a pivotal role in the electric sys- payments primarily from Bonneville [BPA]. provided extensive documentation to tems serving the entire western United Bonneville continues to earn revenues from ensure that these areas meet Federal States. the Spokane reservation lands used to gen- wilderness criteria. The BLM also com- However, these benefits have come at erate hydropower. However, unlike the pleted a reinventory of approximately 6 a direct cost to tribal property that be- Colville Tribes, the Spokane Tribe does not million acres of Federal land in the came inundated when the U.S. Govern- benefit from these revenues. The Spokane same area. The results provide a con- ment built the Grand Coulee Dam. Be- Tribe does not benefit because it missed its vincing confirmation that the areas fore dam construction, the free flowing filing opportunity before the Indian Claims Commission. At that time it was pursuing designated for protection under this Columbia River supported robust and other avenues to win payments for the value bill meet Federal wilderness criteria. plentiful salmon runs and provided for of its land for hydropower. These efforts For more than 20 years Utah con- virtually all of the subsistence needs of would ultimately fail. Without congressional servationists have been working to add the Spokane Tribe. After construction, action, it seems unlikely that a settlement the last great blocks of undeveloped the Columbia and its Spokane River for the Spokane Tribe will occur. BLM-administered land in Utah to the tributary flooded tribal communities, The time has come for the Federal National Wilderness Preservation Sys- schools, and roads, and the remaining Government to finally meet its fidu- tem. The lands proposed for protection

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4130 CONGRESSIONAL RECORD — SENATE April 21, 2005 surround and connect eight of Utah’s and elsewhere were vulnerable to off- be protected in Southern Utah. I be- nine national park, monument and road vehicle abuse. Since this free-for- lieve that when the Senate considers recreation areas. These proposed BLM all era, BLM trail designations have wilderness legislation it ought to wilderness areas easily equal their helped to educate motorized users and know, as a benchmark, the full meas- neighboring national parklands in sce- direct use to appropriate areas. Stew- ure of those lands which are deserving nic beauty, opportunities for recre- ardship over the long-term is still of wilderness protection. This bill en- ation, and ecological importance. Yet, needed to ensure that our wilderness compasses all the BLM lands of wilder- unlike the parks, most of these scenic legacy remains intact. ness quality in Utah. Unfortunately, treasures lack any form of long-term America’s Red Rock Wilderness Act the Senate has not always had the ben- protection. is a lasting gift to the American public. efit of considering wilderness designa- While my legislation would unambig- By protecting this serene yet wild land tions for all of the deserving lands in uously protect Utah’s red rock wilder- we are giving future generations the Southern Utah. During the 104th Con- ness, the question of preserving these opportunity to enjoy the same gress, I joined with the former Senator lands for future generations now also untrammeled landscape that so many from New Jersey, Mr. Bradley, in op- looms before the BLM. Not since the now cherish. posing that Congress’s Omnibus Parks BLM conducted its inventories of Utah I’d like to thank all of my colleagues legislation. It contained provisions, public lands in the early 1980s has the who are original cosponsors of this which were eventually removed, that agency had such a promising oppor- measure this year, many of whom have many in my home state of Wisconsin tunity to recognize and care for Utah’s supported the bill since it was first in- believed not only designated as wilder- wilderness. Whether the BLM realizes troduced. The original cosponsors of ness too little of the Bureau of Land this opportunity has yet to be seen. the measure are Senators STABENOW, Management’s holding in Utah deserv- Today, nearly 6 million acres of WYDEN, FEINGOLD, LAUTENBERG, BAYH, ing of such protection, but also sub- wildlands that my legislation would LEAHY, LIEBERMAN, BOXER, KENNEDY, stantively changed the protections af- protect are involved in the BLM’s land REED, CLINTON, CORZINE and KERRY. forded designated lands under the Wil- use planning process. As I understand, Additionally, I would like to thank The derness Act of 1964. the BLM will be making lasting deci- Utah Wilderness Coalition, which in- The lands of Southern Utah are very sions about what places should be pre- cludes The Wilderness Society and Si- special to the people of Wisconsin. In served or developed, roaded or left erra Club; The Southern Utah Wilder- writing to me over the last few years, unroaded, or designated for off-road ve- ness Alliance; and all of the other na- my constituents have described these hicle travel. These policies will stand tional, regional and local, hard-work- lands as places of solitude, special fam- for as much as 15 to 20 years, a time- ing groups who, for years, have cham- ily moments, and incredible beauty. In span long enough to leave a lasting pioned this legislation. December 1997, Ron Raunikar of Madi- mark on this landscape. Theodore Roosevelt once stated: son, Wisconsin’s Capital Times wrote: We must be clear about the impact of The Nation behaves well if it treats the Other remaining wilderness in the U.S. is these plans. Fundamentally, the ad- natural resources as assets which it must at first daunting, but then endearing and al- ministration is choosing how it will act turn over to the next generation increased ways a treasure for all Americans. The sen- and not impaired in value. sually sculpted slickrock of the Colorado as stewards for our wild and scenic Plateau and windswept crag lines of the places. These plans in Utah will pro- Enactment of this legislation will Great Basin include some of the last of our foundly influence many fragile desert help us realize Roosevelt’s vision. In country’s wilderness, which is not fully pro- lands that would be protected under order to protect these precious re- tected. America’s Red Rock Wilderness Act. sources in Utah for future generations, We must ask our elected officials to re- Places like the San Rafael Swell, the I urge my colleagues to support Amer- dress this circumstance, by enacting legisla- ica’s Red Rock Wilderness Act. tion which would protect those national Book Cliffs, the Canyonlands Basin, lands within the boundaries of Utah. This and Moab/La Sal Region now hang in Mr. FEINGOLD. Mr. President, I am wilderness is a treasure we can lose only the balance. very pleased to again join the senior once or a legacy we can be forever proud to I believe Americans understand the Senator from Illinois, Mr. DURBIN, as bestow to our children. need for wise and balanced stewardship an original co-sponsor of legislation to I believe that the measure being in- of these wild landscapes. Unfortu- designate more than one million acres troduced today will accomplish that nately, the administration has pro- of Bureau of Land Management, BLM, goal. The measure protects wild lands posed little or no serious protections lands in Utah as wilderness. that really are not done justice by any for Utah’s most majestic places. In- I had an opportunity to travel twice description in words. In my trip I found stead, the BLM appears to lack a solid to Utah. I viewed firsthand some of the widely varied and distinct terrain, re- conservation ethic and routinely favors lands that would be designated for wil- markable American resources of red development and consumptive uses of derness under Senator DURBIN’s bill. I rock cliff walls, desert, canyons and our wild public land. was able to view most of the proposed gorges which encompass the canyon The administration has a decidedly wilderness areas from the air, and was country of the Colorado Plateau, the different approach on the fate of some able to enhance my understanding Mojave Desert and portions of the of our remaining wilderness. Under the through hikes outside the Zion Na- Great Basin. The lands also include Price plan, the BLM leaves 98 percent tional Park on the Dry Creek Bench mountain ranges in western Utah, and of the region’s lands in America’s Red wilderness unit contained in this pro- stark areas like the Grand Staircase- Rock Wilderness Act, outside of al- posal and inside the Grand Staircase- Escalante National Monument. These ready protected areas, open to oil and Escalante National Monument to regions appeal to all types of American gas drilling. Sadly, the Green River, Upper Calf Creek Falls. I also viewed outdoor interests from hikers and which cuts deep into the rugged Book the lands proposed for designation in sightseers to hunters. Cliffs forming the sandstone cliffs of this bill from a river trip down the Col- Phil Haslanger of the Capital Times, Desolation Canyon, and other natural orado River, and in the San Rafael answered an important question I am wonders are being jeopardized by the Swell with members of the Emery often asked when people want to know BLM for a negligible amount of oil. County government. why a Senator from Wisconsin would The BLM has made important head- I support this legislation for a num- co-sponsor legislation to protect lands way in protecting America’s Red Rock ber of reasons, but most of all because in Utah. He wrote on September 13, 1995 Wilderness from off-road vehicle abuse, I have personally seen what is at stake, simply that: but more can still be done to safely and and I know the marvelous resources ‘‘These are not scenes that you could see in effectively plan for off-road vehicle that Wisconsinites and all Americans Wisconsin. That’s part of what makes them recreation. Just 5 years ago, 94 percent own in the BLM lands of Southern special.’’ of BLM public land in Utah lacked pro- Utah. He continues, and adds what I think tection from motorized vehicle abuse. Second, I support this legislation be- is an even more important reason to As open BLM areas, many fragile lands cause I believe it sets the broadest and act to protect these lands than the in America’s Red Rock Wilderness Act boldest mark for the lands that should landscape’s uniqueness:

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4131 ‘‘the fight over wilderness lands in Utah is a of adequate financial investment in our In Tennessee, we have tried to deal test case of sorts. The anti-environmental parks has left them in a state of dis- with the maintenance backlog in a factions in Congress are trying hard to re- repair and neglect. A multi-billion dol- number of different ways. More than move restrictions on development in some of the nation’s most splendid areas.’’ lar maintenance backlog has cast a 2,100 volunteers have provided over long shadow over the glory of our na- 110,000 man-hours of service to the Ten years later, Wisconsinites are tional park heritage. An annual oper- park, which is the equivalent of 50 staff still watching this test case. I believe ating deficit estimated at $600 million that Wisconsinites view the outcome of and $1.9 million in extra funding. has further diminished the integrity of this fight to save Utah’s lands as a sign That’s the third best volunteer rate in national park programs and facilities. the National Park System. of where the Nation is headed with re- The National Parks Centennial Act spect to its stewardship of natural re- Our local communities in Tennessee would allow all Americans to con- and North Carolina have established a sources. What Haslanger’s comments tribute to the restoration of the parks make clear is that while some in Con- non-profit organization to help support through the creation of a Centennial gress may express concern about cre- the park—‘‘Friends of the Smokies’’— Fund with monies generated by a ating new wilderness in Utah, wilder- which has raised more than $8 million check-off box on federal tax returns. ness, as Wisconsinites know, is not cre- since its founding in 1993 through indi- The funds collected will be directed to ated by legislation. Legislation to pro- vidual, corporate and foundation con- the priority maintenance and oper- tect existing wilderness simply ensures tributions, merchandise sales, special ation needs of the national parks to that future generations may have an events, and sales of specialty license make them fiscally sound by 2016. experience on public lands equal to plates in Tennessee and North Caro- What better way or time to dem- that which is available today. The ac- lina. Friends now has over 2,000 mem- tion of Congress to preserve wild lands onstrate that ‘‘we are worthy of the bers. In addition to its fundraising ac- by extending the protections of the good fortune of our parks’’? tivities, Friends of the Smokies coordi- I commend the National Parks Con- Wilderness Act of 1964 will publicly nates more than 80 volunteers who pro- servation Association for promoting codify that expectation and promise. vide direct and indirect assistance with Finally, this legislation has earned this sound and innovative approach to projects that benefit Great Smoky my support, and deserves the support remedying the significant deteriora- Mountains National Park. of others in this body, because all of tion of our parks. A companion House Yet, despite all this extra support, the acres that will be protected under bill has been introduced by Representa- the backlog in the Great Smoky Moun- this bill are already public lands held tives SOUDER and BAIRD with solid bi- tains National Park remains signifi- in trust by the Federal Government for partisan support. cant. The Park’s current maintenance Surely this is legislation that we can the people of the United States. Thus, backlog is estimated at approximately all agree on and support. All of our while they are physically located in $180 million dollars. It is estimated lives have been enriched by our Na- Utah, their preservation is important that the Great Smokies will receive up tional Parks. This bill provides an op- to the citizens of Wisconsin, as it is for to $36 million over the next 5 years to other Americans. portunity to show our appreciation to restore and maintain our country’s cul- address the maintenance backlog. I am eager to work with my col- There is over a $140 million shortfall at league from Illinois, Mr. DURBIN, to tural and natural heritage for genera- tions to come. The passage of this leg- the Great Smokies alone. protect these lands. I commend him for Examples of maintenance backlog introducing this measure. islation will ensure that our national parks will have a glorious 100th birth- projects at the Smokies are: Rehabilitation of North Shore Ceme- By Mr. MCCAIN (for himself, Mr. day to celebrate. Let’s get on with it! tery access routes; rehabilitation of ALEXANDER, Mr. LIEBERMAN, Mr. ALEXANDER. Today I am join- three comfort stations at Balsam Mr. SALAZAR, and Mrs. FEIN- ing with Senators MCCAIN, LIEBERMAN, Mountain; rehabilitation of three com- STEIN): SALAZAR and FEINSTEIN in introducing S. 886. A bill to eliminate the annual the National Park Centennial Act—a fort stations at Chimney Tops picnic operating deficit and maintenance bill to make the National Park System area; rehabilitation of Newfound Gap backlog in the national parks, and for fiscally sound by its 100th birthday in Road, phase one; replace obsolete other purposes; to the Committee on 2016. The park system currently suffers parkwide key system; repave Cling- Finance. from a multi-billion dollar backlog of mans Dome Trail. Mr. MCCAIN. Mr. President, I am maintenance projects and an operating We need to do better. It will be hard pleased to be joined today by Senators deficit that exceeds $600 million each to do better in this budget environ- ALEXANDER, LIEBERMAN, SALAZAR, and year. ment. So this is an innovative way to FEINSTEIN in introducing legislation to The Centennial Act aims to remedy help the parks do better. restore and maintain our National this crisis by giving tax-payers the op- Sixty percent of this fund will go to Parks by the centennial anniversary of portunity to check off a box on their maintenance backlogs. Forty percent the National Park System in 2016. tax returns each year that would send of this fund will supplement the annual Heralding the establishment of the a small contribution to a National operating deficits at the parks. This first National Parks, President Theo- Park Centennial Fund. Today, tax- program will terminate in 2016. dore Roosevelt stated, ‘‘We have fallen payers can contribute $3 to Presi- Parallel legislation has already been heirs to the most glorious heritage a dential elections. This Act gives tax- introduced in the House of Representa- people ever received, and each one payers an opportunity to contribute di- tives, including Congressman JIMMY must do his part if we wish to show rectly to our national parks via their DUNCAN. I hope Congress will move that the nation is worthy of its good tax returns. quickly to address this critical need of fortune.’’ Our parks are national treasures, and our national parks. And what a priceless fortune Ameri- they deserve to be preserved in all Our national parks are national cans enjoy—Yellowstone, the Grand their pristine glory. They are a part of treasures. They are a part of our herit- Canyon, Yosemite, the Tetons, Mt. our heritage. age, a part of who we are as Americans. Rushmore, the Everglades, and hun- It is a national travesty that they We need to take care of these parks so dreds of other extraordinary national suffer from such a terrible lack of fund- that they are still there, in all their parks that grace our country. Hundreds ing. The overall backlog, according to glory, and still accessible for many of millions of families and visitors the Congressional Research Service, is generations to come. from all over the world have visited about $7 billion, though estimates vary these parks for recreational, edu- by about $2 billion in either direction. By Mr. SALAZAR: cational, and cultural opportunities as My own State, along with our neigh- S. 888. A bill to direct the Depart- well as the sheer pleasure of being sur- bor North Carolina, is home to the ment of Homeland Security to provide rounded by their natural beauty or his- country’s most visited national park, guidance and training to State and torical significance. the Great Smoky Mountains National local governments relating to sensitive Unfortunately, all of this public en- Park. I live just a few miles from the homeland security information, and for joyment and use coupled with the lack park myself. other purposes; to the Committee on

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4132 CONGRESSIONAL RECORD — SENATE April 21, 2005 Homeland Security and Governmental ing any document sent to, from, or on homeland security plans, State-level grants, Affairs. behalf of the State Office of Prepared- and intelligence gathered by local law en- Mr. SALAZAR. Mr. President, I rise ness, Security and Fire Safety. Local forcement agencies; today to introduce an important piece officials have trouble acquiring State (3) State and local government officials have— of legislation to help our local first re- information to help them develop (A) a wide variety of approaches for han- sponders and emergency officials bet- antiterrorism plans, and even State dling such information; ter prepare and respond to terrorist at- legislators can’t find out where home- (B) wasted precious resources battling over tacks. land security money is going. what information to make public and what State and local emergency officials State officials across the country information to keep secret; and represent more than 95 percent of have wasted precious resources bat- (C) established a wide array of procedures America’s counterterrorism capability. tling over what to make public and for sharing sensitive information among They are on the front lines of the war what to keep secret. They have estab- emergency management personnel; and on terror. Despite this, there is still a (4) the current system is inefficient and lished a wide array of procedures for has not ensured the adequate balance be- fundamental disconnect between what sharing sensitive information among tween protecting sensitive information and we do in Washington to help and what emergency management personnel. The ensuring that public officials and the public state and local officials actually need. current system of distributing home- have the information needed to keep the Na- Too often this happens because people land security intelligence and grants tion safe. in Washington are not listening to our funding is inefficient and has failed to SEC. 3. GUIDANCE FOR BEST PRACTICES RELAT- folks back home. ensure an adequate balance between ING TO SENSITIVE INFORMATION. One familiar example is homeland se- protecting sensitive information and (a) IN GENERAL.—Consistent with section curity grant funding. In the years fol- ensuring that first responders and the 201(d) of the Homeland Security Act of 2002 (6 lowing 9/11, the Federal Government public have the information they need U.S.C. 121(d)), the Under Secretary of Home- land Security for Information Analysis and put more money into homeland secu- to keep Coloradans and Americans rity than ever before. Office of Domes- Infrastructure Protection shall establish safe. best practices for State and local govern- tic Preparedness Grants increased 2,900 The legislation I am introducing ments to assist State and local governments percent from 2001 to 2003. The Federal would take three steps to clearing up in making determinations on— Government acted quickly to get this confusion and giving States the (1) the types of sensitive non-Federal money out the door, but in too many tools they need to better prepare and homeland security information (including lo- cases, the Feds did not give States the respond to terrorist attacks. cally generated homeland security plans, guidance they needed to best use that First, it establishes detailed best State-level grants, and intelligence gathered money. As a result, State officials were practices for State and local govern- by local law enforcement information agen- left scratching their heads. Money was cies) that— ments to help them determine what (A) should be made available to the public; wasted and local officials did not get homeland security information should or all the help they needed. be made public, what should remain (B) should be treated as information which The same is true with antiterrorism classified, and how different govern- should not be made available to the public; intelligence. Police and fire depart- ment entities and emergency personnel and ments across the country are being can share and use sensitive informa- (2) how to use and share sensitive home- bombarded with terrorism intelligence tion. land security information among State and from more than a dozen Federal Second, it establishes a training pro- local emergency management personnel. sources. State officials are getting ex- gram to spread these best practices (b) EFFECT ON STATE AND LOCAL GOVERN- pensive Federal security clearances so MENTS.—Nothing under subsection (a) shall among state and local officials. be construed to— that they can review spy reports. But Third, it directs the Department of (1) require any State or local government State and local officials are not getting Homeland Security to provide more de- to comply with any best practice established the guidance they need to help them tailed instructions to State and local under that subsection; or talk to each other. officials about how to manage informa- (2) preempt any State or local law. Police, firemen, and EMTs are the tion about homeland security grants SEC. 4. TRAINING. first people on site during an emer- that are applied for and awarded by The Director of the Office for Domestic gency, whether it is a terrorist attack DHS. Preparedness shall— or car accident. Our first responders This bill will give emergency officials (1) establish a training curriculum based must be given the information they across the country the tools they need on the best practices established under sec- need to safely handle any situation, so that they do not have to waste pre- tion 3; and the training they need to protect the (2) provide training to State and local gov- cious resources remaking the wheel on ernments using that curriculum. public and the access to grants to pur- homeland security information shar- chase the proper tools to do their ing. SEC. 5. GUIDANCE ON GRANT INFORMATION. jobs—this legislation, if passed, will I ask unanimous consent that the Not later than 180 days after the date of enactment of this Act, the Secretary of help do just that. text of the bill be printed in the Right now, there are surprisingly few Homeland Security shall publish in the Fed- RECORD. eral Register detailed instructions for State uniform standards for non-Federal There being no objection, the bill was and local governments on the management agencies to handle sensitive homeland ordered to be printed in the RECORD, as of information relating to homeland security security information. While there are follows: grants administered by the Department of detailed procedures for handling classi- S. 888 Homeland Security. fied documents created by the FBI, CIA Be it enacted by the Senate and House of Rep- By Mrs. FEINSTEIN (for herself, and other Federal agencies, there is lit- resentatives of the United States of America in tle real world guidance for how to Congress assembled, Ms. SNOWE, Mr. CORZINE, Mr. EAHY EFFORDS make decisions about how to manage SECTION 1. SHORT TITLE. L , Mr. J , Mr. information from non-Federal sources, This Act may be cited as the ‘‘Homeland SCHUMER, Ms. COLLINS, Mr. including locally generated homeland Security Information Guidance and Training DURBIN, and Ms. CANTWELL): security plans, State-level grants and Act of 2005’’. S. 889. A bill to amend title 49, intelligence gathered by local law en- SEC. 2. FINDINGS. United States Code, to require phased forcement agencies. Congress finds that— increases in the fuel efficiency stand- This lack of guidance has real impli- (1) there are few uniform standards for ards applicable to light trucks, to re- cations for public safety. Over the last State and local government agencies to han- quire fuel economy standards for auto- few months, Colorado’s State govern- dle sensitive homeland security information; mobiles up to 10,000 pounds gross vehi- ment has been fighting over the Sec- (2) there are detailed procedures for han- cle weight, to increase the fuel econ- dling classified documents created by the retary of State homeland security in- Federal Government, but there is little guid- omy of the Federal fleet of vehicles, formation. Currently, Colorado State ance for how to make decisions relating to and for other purposes; to the Com- law makes secret a wide swath of the management of information from non- mittee on Commerce, Science, and homeland security information, includ- Federal sources, including locally generated Transportation.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4133 Mrs. FEINSTEIN. Mr. President, I phasing in an increase in fuel economy astating the source of California’s rise today to offer a bill with my col- standards for SUVs and light trucks water. leagues Senators SNOWE, CORZINE, under the following schedule: by 2005, Eskimos are being forced inland in LEAHY, CANTWELL, COLLINS, DURBIN, SUVs and light trucks would have to Alaska as their native homes on the SCHUMER and JEFFORDS to close the average 21.0 miles per gallon; by 2006, coastline are melting into the sea. SUV loophole. SUVs and light trucks would have to Glaciers are disappearing in Glacier This bill would increase Corporate average 21.6 miles per gallon; and by National Park in Montana. In 100 Average Fuel Economy (CAFE) stand- 2007, SUVs and light trucks would have years, the park has gone from having ards for SUVs and other light duty to average 22.2 miles per gallon. 150 glaciers to fewer than 30. And the 30 trucks. It would close the ‘‘SUV Loop- In 2002, the National Academy of that remain are two-thirds smaller hole’’ and require that SUVs meet the Sciences, NAS, released a report stat- than they once were. same fuel efficiency standards as pas- ing that adequate lead time can bring Beyond our borders, scientists are senger cars by 2011. about substantive increases in fuel predicting how the impact of global Crude oil prices remain above $50/bar- economy standards. Automakers can warming will be felt around the globe. rel. On April 1, 2005, crude oil prices hit meet higher CAFE standards if existing It has been estimated that two-thirds a record high of $57.70/barrel. Prices at technologies are utilized and included of the glaciers in western China will the gas pump continue to soar as well. in new models of SUVs and light melt by 2050, seriously diminishing the Today, the average price for regular trucks. water supply for the region’s 300 mil- gasoline was $2.24 per gallon. In Cali- In 2003, the head of the National lion inhabitants. Additionally, the dis- fornia, the average price is almost Highway Traffic Safety Administration appearance of glaciers in the Andes in $2.60. said he favored an increase in vehicle Peru is projected to leave the popu- This is not a problem we can drill our fuel economy standards beyond the 1.5- lation without an adequate water sup- way out of. Global oil demand is rising. mile-per-gallon hike slated to go into ply during the summer. China imports more than 40 percent of effect by 2007. ‘‘We can do better,’’ said The United States is the largest en- its record 6.4 million-barrel-per-day oil Jeffrey Runge in an interview with ergy consumer in the world, with 4 per- demand and its consumption is growing Congressional Green Sheets. ‘‘The cent of the world’s population using 25 by 7.5 percent per year, seven times overriding goal here is better fuel econ- percent of the planet’s energy. faster than the U.S. omy to decrease our reliance on foreign And much of this energy is used in India imports approximately 70 per- oil without compromising safety or cars and light trucks: 43 percent of the cent of its oil, which is projected to American jobs,’’ he said. oil we use goes into our vehicles and rise to more than 90 percent by 2020. With this in mind, we have developed one-third of all carbon dioxide emis- Their rapidly growing economies are the following phase-in schedule which sions come from our transportation fueling their growing dependence on would follow up on what NHTSA has sector. oil—which makes continued higher proposed for the short term and remain The U.S. is falling behind the rest of prices inevitable. consistent with what the NAS report the world in the development of more The most effective step we can take said is technologically feasible over the fuel efficient automobiles. Quarterly to reduce gas prices is to reduce de- next decade or so: by model year 2008, auto sales reflect that consumers are mand. We must use our finite fuel sup- SUVs and light duty vehicles would buying smaller more fuel efficient cars plies more wisely. have to average 23.5 miles per gallon; and sales of the big, luxury vehicles This legislation is an important first by model year 2009, SUVs and light that are the preferred vehicle of the step to limit our nation’s dependence duty vehicles would have to average American automakers have dropped on oil and better protect our environ- 24.8 miles per gallon; by model year significantly. ment. 2010, SUVs and light duty vehicles Even SUV sales have slowed. First If implemented, closing the SUV would have to average 26.1 miles per quarter 2005 deliveries of these vehicles Loophole would: save the U.S. 1 million gallon, by model year 2011, SUVs and are down compared to the same period barrels of oil a day and reduce our de- light duty vehicles would have to aver- last year—for example, sales of the pendence on oil imports by 10 percent. age 27.5 miles per gallon. Ford Excursion is down by 29.5 percent, Prevent about 240 million tons of car- This legislation would do two other the Cadillac Escalade by 19.9 percent, bon dioxide—the top greenhouse gas things: it would mandate that by 2008 and the Toyota Sequoia by 12.6 per- and biggest single cause of global the average fuel economy of the new cent. warming from entering the atmosphere vehicles comprising the Federal fleet On the other hand, the Toyota Prius each year. must be 3 miles per gallon higher than hybrid had record sales in March with Save SUV and light duty truck own- the baseline average fuel economy for a 160.9 percent increase over the pre- ers hundreds of dollars each year in that class. And by 2011, the average vious year. gasoline costs. fuel economy of the new federal vehi- The struggling U.S. auto market can- CAFE Standards were first estab- cles must be 6 miles per gallon higher not afford to fall behind in the develop- lished in 1975. At that time, light than the baseline average fuel economy ment of fuel efficient vehicles. Our bill trucks made up only a small percent- for that class. sets out a reasonable time frame for age of the vehicles on the road, they The bill also increases the weight car manufacturers to design vehicles were used mostly for agriculture and limit within which vehicles are bound that are more fuel efficient and that commerce, not as passenger cars. by CAFE standards to make it harder will meet the growing demand for more Today, our roads look much dif- for automotive manufacturers to build fuel efficient vehicles. ferent, SUVs and light duty trucks SUVs large enough to become exempt- We can do this, and we can do this comprise more than half of the new car ed from CAFE standards. Because today. I urge my colleagues to support sales in the United States. As a result, SUVs are becoming larger and larger, this legislation. the overall fuel economy of our Na- some may become so large that they I ask unanimous consent that the tion’s fleet is the lowest it has been in will no longer qualify as even SUVs text of the bill be printed in the two decades, because fuel economy anymore. RECORD. standards for these vehicles are so We are introducing this legislation There being no objection, the bill was much lower than they are for other because we believe that the United ordered to be printed in the RECORD, as passenger vehicles. States needs to take a leadership role follows: The bill we are introducing today in the fight against global warming. S. 889 would change that. SUVs and other We have already seen the potential Be it enacted by the Senate and House of Rep- light duty trucks would have to meet destruction that global warming can resentatives of the United States of America in the same fuel economy requirements cause in the United States. Congress assembled, by 2011 that passenger cars meet today. Snowpacks in the Sierra Nevada are SECTION 1. SHORT TITLE. The National Highway Traffic Safety shrinking and will almost entirely dis- This Act may be cited as the ‘‘Automobile Administration, NHTSA, has proposed appear by the end of the century, dev- Fuel Economy Act of 2005’’.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4134 CONGRESSIONAL RECORD — SENATE April 21, 2005 SEC. 2. INCREASED AVERAGE FUEL ECONOMY (2) not later than September 30, 2011, the eign oil. When it comes to the fuel STANDARD FOR LIGHT TRUCKS. average fuel economy of the new vehicles in economy of America’s sport utility ve- (a) DEFINITION OF LIGHT TRUCK.—Section the agency’s fleet of vehicles in each class of 32901(a) of title 49, United States Code, is hicles, surely we can do better for our vehicles is not less than 6 miles per gallon pocketbooks, for our planet, and for amended— higher than the baseline average fuel econ- (1) in each of paragraphs (1) through (14), omy determined for that class. our promise for the future. by striking the period at the end and insert- (d) CALCULATION OF AVERAGE FUEL ECON- It is unacceptable to me that a devel- ing a semicolon; OMY.—For purposes of this section— oping country like China has put in (2) in paragraph (15), by striking the period (1) average fuel economy shall be cal- place new regulations that are more at the end and inserting ‘‘; and’’; culated in accordance with guidance pre- stringent than U.S. CAFE standards to (3) by redesignating paragraphs (12) scribed by the Secretary of Transportation promote better fuel. economy in their through (16) as paragraphs (13) through (17), for the implementation of this section; and respectively; and vehicles and rein in that country’s en- (2) average fuel economy calculated under ergy consumption. Like the U.S., China (4) by inserting after paragraph (11) the fol- subsection (b) for an agency’s vehicles in a lowing: class of vehicles shall be the baseline aver- greatly depends upon foreign oil. How- ‘‘(12) ‘light truck’ has the meaning given age fuel economy for the agency’s fleet of ve- ever, China’s GDP per capita was only that term in regulations prescribed by the hicles in that class. approximately $860 in 2004 while the Secretary of Transportation in the adminis- Ms. SNOWE. Mr. President, I rise U.S. was at $35,000 per person. The tration of this chapter;’’. today to join my esteemed colleague, standards that go into force in China in (b) REQUIREMENT FOR INCREASED STAND- July of 2005, require that all new pas- ARD.—Section 32902(a) of title 49, United Senator FEINSTEIN as the lead cospon- States Code, is amended— sor for the Feinstein-Snowe legislation senger cars get two miles per gallon (1) by inserting ‘‘(1)’’ after ‘‘AUTO- that will rectify an unacceptable in- more than U.S. CAFE standards. And MOBILES.—’’; equity when it comes to obtaining SUVs will have to achieve 1.7 to 2.7 (2) by striking ‘‘The Secretary’’ and insert- greater fuel economy for the vehicles miles per gallon more depending on the ing ‘‘Subject to paragraph (2), the Sec- we choose to drive. This bill allows us make. By 2008, large cars in China will retary’’; and to take a road currently less traveled have to get 30.4 miles per gallon. China, (3) by adding at the end the following : ‘‘(2) The average fuel economy standard for towards decreasing our Nation’s need very aware of their rising oil imports, light trucks manufactured by a manufac- to import greater and greater amounts skyrocketing oil prices, and their air turer may not be less than 27.5 miles per gal- of foreign oil from the most volatile pollution, are finding a way to achieve lon, except that the average fuel economy area of the globe, and at the same greater fuel economy, but the U.S. can- standard for light trucks manufactured by a time, decrease polluting vehicle emis- not? This makes absolutely no sense to manufacturer in a model year before model sions that affect both the public’s and me. year 2011 and— the planet’s health. Right now, all our vehicles combined ‘‘(A) after model year 2008 may not be less consume over 40 percent of our oil, than 23.5 miles per gallon; What is clear, on the eve of Earth ‘‘(B) after model year 2009 may not be less Day, is that the Federal Government while coughing up over 20 percent of than 24.8 miles per gallon; and must lead in ensuring consumers a U.S. carbon monoxide emissions—the ‘‘(C) after model year 2010 may not be less choice of vehicles with higher fuel greenhouse gas linked to global cli- than 26.1 miles per gallon.’’. economy, an appropriate degree of mate change. To put this in perspec- (c) APPLICABILITY.—Section 32902(a)(2) of safety, and a minimal impact on our tive, the amount of carbon monoxide title 49, United States Code, as added by sub- environment. Closing what is called emission just from U.S. vehicles alone section (b)(3), shall not apply with respect to the SUV loophole that allows popular is the equivalent of the fourth highest light trucks manufactured before model year 2009. SUVs and other light trucks to get carbon monoxide emitting country in SEC. 3. FUEL ECONOMY STANDARDS FOR AUTO- only 20.7 miles per gallon while other the world. Given these stunning num- MOBILES UP TO 10,000 POUNDS passenger cars need to meet a 27.5 mile bers, how can we continue to allow GROSS VEHICLE WEIGHT. per gallon threshold, will help us meet SUVs to spew three times more pollu- (a) VEHICLES DEFINED AS AUTOMOBILES.— these environmental, economic, and tion into the air than passenger cars? Section 32901(a)(3) of title 49, United States national security goals, and I think it’s Just think for a moment how much Code, is amended by striking ‘‘rated at—’’ and all that follows and inserting ‘‘rated at an idea whose time has long since ar- the world has changed technologically not more than 10,000 pounds gross vehicle rived. over the past 25 years. We’ve seen the weight.’’. My colleague from California has advent of the home computer and the (b) EFFECTIVE DATE.—The amendment been a passionate advocate of this pro- information age. Computers are now made by subsection (a) shall take effect on posal, and I’m proud to work with her running our automobiles, and Global January 1, 2011. again in introducing our practical, at- Positioning System devices are guiding SEC. 4. FUEL ECONOMY OF THE FEDERAL FLEET tainable bill that can garner the kind OF VEHICLES. drivers to their destinations. Are we to (a) DEFINITIONS.—In this section— of broad support necessary to address believe that technology couldn’t have (1) the term ‘‘class of vehicles’’ means a this national imperative this year. Now also helped those drivers burn less fuel class of vehicles for which an average fuel I know when we first introduced our in getting there? Are we going to say economy standard is in effect under chapter plan in 2001, some believed it was too that the whole world has transformed, 329 of title 49, United States Code; much too soon, while others felt it but America doesn’t have the where- (2) the term ‘‘executive agency’’ has the didn’t go far enough. And around here, with-all to make SUVs that get better meaning given the term in section 4(1) of the that’s usually a sign you’re onto some- fuel economy? Office of Federal Procurement Policy Act (41 thing. But can anyone honestly say Well, I don’t believe it, and neither U.S.C. 403(1)); and (3) the term ‘‘new vehicle’’, with respect to we’re better off today without nothing? does the National Academy of Sciences the fleet of vehicles of an executive agency, That we’re in better shape because we that issued a report in 2001 in response means a vehicle procured by or for the agen- failed to pass what is possible four to Congress’ request the previous year cy after September 30, 2007. years ago? that the NAS study the issue. They (b) BASELINE AVERAGE FUEL ECONOMY.— This legislation is a critical first step concluded that it was possible to The head of each executive agency shall de- to provide real relief from sky- achieve a more than 40 percent im- termine the average fuel economy for all of rocketing gas prices that have reached the vehicles in each class of vehicles in the provement particularly in light truck agency’s fleet of vehicles in fiscal year 2006. over $2 a gallon all across the county and SUV fuel economy over a 10–15 (c) INCREASE OF AVERAGE FUEL ECONOMY.— are estimated to stay high throughout year period—and that technologies The head of each executive agency shall the year. The increase in Corporate Av- exist now for improving fuel economy. manage the procurement of vehicles in each erage Fuel Economy, or CAFE, stand- That was 31⁄2 years ago. class of vehicles for that agency to ensure ards for the light trucks category— I don’t want America’s SUV manu- that— mostly SUVs and minivans—will ulti- facturers to be ‘‘the industry that time (1) not later than September 30, 2008, the mately decrease our need for foreign forgot?’’ and history clearly shows that average fuel economy of the new vehicles in the agency’s fleet of vehicles in each class of oil. I would like to bring to my col- the Federal Government must play a vehicles is not less than 3 miles per gallon leagues’ attention that every hour, $28 role in ensuring that consumers have a higher than the baseline average fuel econ- million leaves our country to pay for choice in vehicles with high degrees of omy determined for that class; and the Nation’s unquenched thirst for for- fuel economy, an appropriate degree of

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4135 safety and a minimal impact on our en- H.R. 1268, Making emergency supplemental ‘‘(F) quadriplegia, paraplegia, or hemi- vironment. As the 2001 NAS Report appropriations for the fiscal year ending plegia; also stated, ‘‘Because of the concerns September 30, 2005, to establish and rapidly ‘‘(G) burns greater than second degree, cov- about greenhouse gas emissions and implement regulations for State driver’s li- ering 30 percent of the body or 30 percent of cense and identification document security the face; and the level of oil imports, it is appro- standards, to prevent terrorists from abusing ‘‘(H) coma or the inability to carry out the priate for the Federal Government to the asylum laws of the United States, to activities of daily living resulting from trau- ensure fuel economy levels beyond unify terrorism-related grounds for inadmis- matic injury to the brain. those expected to result from market sibility and removal, to ensure expeditious ‘‘(2) For purposes of this subsection— forces alone.’’ How can we do anything construction of the San Diego border fence, ‘‘(A) the term ‘quadriplegia’ means the less? and for other purposes. complete and irreversible paralysis of all 4 So many questions that we already SA 565. Mr. STEVENS (for Mr. DEWINE) limbs; submitted an amendment intended to be pro- ‘‘(B) the term ‘paraplegia’ means the com- have the answers to but not the initia- posed by Mr. STEVENS to the bill H.R. 1268, plete and irreversible paralysis of both lower tive or will to do so. Closing the SUV supra. limbs; and loophole will help us achieve so many SA 566. Mr. STEVENS (for Mr. FRIST) sub- ‘‘(C) the term ‘hemiplegia’ means the com- goals, and it’s an idea whose time has mitted an amendment intended to be pro- plete and irreversible paralysis of the upper long since arrived. posed by Mr. STEVENS to the bill H.R. 1268, and lower limbs on 1 side of the body. I ask for my colleagues’ support for supra. ‘‘(3) The Secretary, in collaboration with closing the SUV loophole, and I thank f the Secretary of Defense, shall prescribe, by regulation, the conditions under which cov- the Chair. TEXT OF AMENDMENTS erage against loss will not be provided. f SA 564. Mr. CRAIG (for himself and ‘‘(c) A payment under this section may be made only if— Mr. AKAKA) proposed an amendment to SUBMITTED RESOLUTIONS ‘‘(1) the member is insured under the bill H.R. 1268, Making emergency Servicemembers’ Group Life Insurance when supplemental appropriations for the the traumatic injury is sustained; SENATE RESOLUTION 118—RECOG- fiscal year ending September 30, 2005, ‘‘(2) the loss results directly from that NIZING JUNE 2 THROUGH JUNE 5, to establish and rapidly implement traumatic injury and from no other cause; 2005, AS THE ‘‘VERMONT DAIRY regulations for State driver’s license and FESTIVAL,’’ IN HONOR OF HAR- and identification document security ‘‘(3) the member suffers the loss before the OLD HOWRIGAN FOR HIS SERV- standards, to prevent terrorists from end of the period prescribed by the Sec- ICE TO HIS COMMUNITY AND abusing the asylum laws of the United retary, in collaboration with the Secretary THE VERMONT DAIRY INDUSTRY of Defense, which begins on the date on States, to unify terrorism-related which the member sustains the traumatic in- Mr. JEFFORDS (for himself and Mr. grounds for inadmissibility and re- jury, except, if the loss is quadriplegia, para- LEAHY) submitted the following resolu- moval, to ensure expeditious construc- plegia, or hemiplegia, the member suffers tion; which was referred to the Com- tion of the San Diego border fence, and the loss not later than 365 days after sus- mittee on Agriculture, Nutrition, and for other purposes; as follows: taining the traumatic injury. ‘‘(d) Payments under this section for losses Forestry: At the appropriate place, insert the fol- lowing: described in subsection (b)(1) shall be— S. RES. 118 ‘‘(1) made in accordance with a schedule SEC. ll. TRAUMATIC INJURY PROTECTION. prescribed by the Secretary, in collaboration Recognizing June 2 through June 5, 2005, as (a) IN GENERAL.—Subchapter III of chapter with the Secretary of Defense; the ‘‘Vermont Dairy Festival’’, in honor of 19, Title 38, United States Code, is amended— ‘‘(2) based on the severity of the covered Harold Howrigan for his service to his com- (1) in section 1965, by adding at the end the condition; and munity and the Vermont dairy industry. following: ‘‘(3) in an amount that is equal to not less Whereas the town of Enosburg Falls, ‘‘(11) The term ‘activities of daily living’ than $25,000 and not more than $100,000. Vermont, will host the ‘‘Vermont Dairy Fes- means the inability to independently per- ‘‘(e)(1) During any period in which a mem- tival’’ from June 2 through June 5, 2005; form 2 of the 6 following functions: ber is insured under this section and the Whereas the men and women of the ‘‘(A) Bathing. member is on active duty, there shall be de- Enosburg Lions Club will sponsor the ‘‘(B) Continence. ducted each month from the member’s basic Vermont Dairy Festival, which celebrates its ‘‘(C) Dressing. or other pay until separation or release from 49th year; ‘‘(D) Eating. active duty an amount determined by the Whereas the Vermont Dairy Festival is a ‘‘(E) Toileting. Secretary of Veterans Affairs as the pre- beloved expression of the civic pride and ag- ‘‘(F) Transferring.’’; and mium allocable to the pay period for pro- ricultural heritage of the people of Enosburg (2) by adding at the end the following: Falls and Franklin County, Vermont; viding traumatic injury protection under ‘‘§ 1980A. Traumatic injury protection Whereas the people of Enosburg Falls and this section (which shall be the same for all Franklin County have long-held traditions of ‘‘(a) A member who is insured under sub- such members) as the share of the cost at- family owned and operated dairy farms; paragraph (A)(i), (B), or (C)(i) of section tributable to provided coverage under this Whereas the St. Albans Cooperative 1967(a)(1) shall automatically be issued a section, less any costs traceable to the extra Creamery, Inc., which was established in traumatic injury protection rider that will hazards of such duty in the uniformed serv- 1919, is a farmer-owned cooperative; provide for a payment not to exceed $100,000 ices. Whereas Harold Howrigan served on the if the member, while so insured, sustains a ‘‘(2) During any month in which a member Board of the St. Albans Cooperative for 24 traumatic injury that results in a loss de- is assigned to the Ready Reserve of a uni- years; scribed in subsection (b)(1). The maximum formed service under conditions which meet Whereas Mr. Howrigan was the President amount payable for all injuries resulting the qualifications set forth in section of the Board of the St. Albans Cooperative from the same traumatic event shall be lim- 1965(5)(B) of this title and is insured under a for 17 years; ited to $100,000. If a member suffers more policy of insurance purchased by the Sec- Whereas Mr. Howrigan recently retired than 1 such loss as a result of traumatic in- retary of Veterans Affairs under section 1966 from his position as President of the Board jury, payment will be made in accordance of this title, there shall be contributed from of the St. Albans Cooperative; and with the schedule in subsection (d) for the the appropriation made for active duty pay Whereas Mr. Howrigan led the St. Albans single loss providing the highest payment. of the uniformed service concerned an ‘‘(b)(1) A member who is issued a traumatic Cooperative to uphold the region’s traditions amount determined by the Secretary of Vet- injury protection rider under subsection (a) and to meet future challenges: Now, there- erans Affairs (which shall be the same for all is insured against such traumatic injuries, as fore, be it such members) as the share of the cost at- prescribed by the Secretary, in collaboration Resolved, That the Senate recognizes June tributable to provided coverage under this with the Secretary of Defense, including, but 2 through June 5, 2005, as the ‘‘Vermont section, less any costs traceable to the extra not limited to— Dairy Festival’’, in honor of Harold hazards of such duty in the uniformed serv- ‘‘(A) total and permanent loss of sight; Howrigan for his service to his community ices. Any amounts so contributed on behalf ‘‘(B) loss of a hand or foot by severance at and the Vermont dairy industry. of any member shall be collected by the Sec- or above the wrist or ankle; retary of the concerned service from such f ‘‘(C) total and permanent loss of speech; member (by deduction from pay or other- AMENDMENTS SUBMITTED AND ‘‘(D) total and permanent loss of hearing in wise) and shall be credited to the appropria- PROPOSED both ears; tion from which such contribution was made ‘‘(E) loss of thumb and index finger of the in advance on a monthly basis. SA 564. Mr. CRAIG (for himself and Mr. same hand by severance at or above the ‘‘(3) The Secretary of Veterans Affairs AKAKA) proposed an amendment to the bill metacarpophalangeal joints; shall determine the premium amounts to be

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4136 CONGRESSIONAL RECORD — SENATE April 21, 2005 charged for traumatic injury protection cov- cense and identification document se- with the Secretary of Labor an attestation erage provided under this section. curity standards, to prevent terrorists under section 212(t)(1);’’; and ‘‘(4) The premium amounts shall be deter- from abusing the asylum laws of the (2) in clause (i), by striking ‘‘or’’ after ‘‘na- mined on the basis of sound actuarial prin- United States, to unify terrorism-re- tional;’’. ciples and shall include an amount necessary (b) Section 202 of such Act (8 U.S.C. 1152) is to cover the administrative costs to the in- lated grounds for inadmissibility and amended by adding at the end the following surer or insurers providing such insurance. removal, to ensure expeditious con- new subsection: ‘‘(5) Each premium rate for the first policy struction of the San Diego border ‘‘(f) SPECIAL RULE FOR AUSTRALIA.—The year shall be continued for subsequent policy fence, and for other purposes; as fol- total number of aliens who may acquire non- years, except that the rate may be adjusted lows: immigrant status under section for any such subsequent policy year on the On page 169, between lines 8 and 9, insert 101(a)(15)(E)(iii) may not exceed 5000 for a fis- basis of the experience under the policy, as the following: cal year.’’. determined by the Secretary of Veterans Af- (c) Section 214(i)(1) of such Act (8 U.S.C. fairs in advance of that policy year. SENSE OF SENATE ON INCREASED PERIOD OF 1184(i)(1)) is amended by inserting ‘‘, section ‘‘(6) The cost attributable to insuring such CONTINUED TRICARE COVERAGE OF CHILDREN 101(a)(15)(E)(iii),’’ after ‘‘section member under this section, less the pre- OF MEMBERS OF THE UNIFORMED SERVICES 101(a)(15)(H)(i)(b)’’. miums deducted from the pay of the mem- WHO DIE WHILE SERVING ON ACTIVE DUTY FOR (d) Section 212(t) of such Act (8 U.S.C. ber’s uniformed service, shall be paid by the A PERIOD OF MORE THAN 30 DAYS 1182(t)), as added by section 402(b)(2) of the Secretary of Defense to the Secretary of Vet- SEC. 1122. It is the sense of the Senate United States-Chile Free Trade Agreement erans Affairs. This amount shall be paid on a that— Implementation Act (Public Law 108–77; 117 monthly basis, and shall be due within 10 (1) Congress should enact an amendment to Stat. 941), is amended— days of the notice provided by the Secretary section 1079 of title 10, United States Code, (1) by inserting ‘‘or section of Veterans Affairs to the Secretary of the in order to increase the period of continued 101(a)(15)(E)(iii)’’ after ‘‘section concerned uniformed service. TRICARE coverage of children of members 101(a)(15)(H)(i)(b1)’’ each place it appears; ‘‘(7) The Secretary of Defense shall provide of the uniformed services who die while serv- (2) in paragraph (3)(C)(i)(II), by striking the amount of appropriations required to pay ing on active duty for a period of more than ‘‘or’’ in the third place it appears; expected claims in a policy year, as deter- 30 days under that section such that the pe- (3) in paragraph (3)(C)(ii)(II), by striking mined according to sound actuarial prin- riod of continued eligibility is the longer ‘‘or’’ in the third place it appears; and ciples by the Secretary of Veterans Affairs. of— (4) in paragraph (3)(C)(iii)(II), by striking ‘‘(8) The Secretary of Defense shall forward (A) the three-year period beginning on the ‘‘or’’ in the third place it appears. an amount to the Secretary of Veterans Af- date of death of the member; f fairs that is equivalent to half the antici- (B) the period ending on the date on which pated cost of claims for the current fiscal the child attains 21 years of age; or NOTICES OF HEARINGS/MEETINGS year, upon the effective date of this legisla- (C) in the case of a child of a deceased SUBCOMMITTEE ON NATIONAL PARKS tion. member who, at 21 years of age, is enrolled in a full-time course of study in a secondary Mr. THOMAS. Mr. President, I would ‘‘(f) The Secretary of Defense shall certify like to announce for the information of whether any member claiming the benefit school or in a full-time course of study in an under this section is eligible. institution of higher education approved by the Senate and the public that the Sub- ‘‘(g) Payment for a loss resulting from the administering Secretary and was, at the committee on National Parks has traumatic injury will not be made if the time of the member’s death, in fact depend- scheduled a hearing to review the Na- member dies before the end of the period pre- ent on the member for over one-half of the tional Park Service’s funding needs for scribed by the Secretary, in collaboration child’s support, the period ending on the ear- administration and management of the with the Secretary of Defense, which begins lier— national park system. on the date on which the member sustains (i) the date on which the child ceases to The hearing will be held on Tuesday pursue such a course of study, as determined the injury. If the member dies before pay- May 10, 2005, at 2:30 p.m. in room SD– ment to the member can be made, the pay- by the administering Secretary; or ment will be made according to the mem- (ii) the date on which the child attains 23 366 of the Dirksen Senate Office Build- ber’s most current beneficiary designation years of age; and ing in Washington, DC. under Servicemembers’ Group Life Insur- (2) Congress should make the amendment Because of the limited time available ance, or a by law designation, if applicable. applicable to deaths of members of the for the hearing, witnesses may testify ‘‘(h) Coverage for loss resulting from trau- Armed Forces on or after October 7, 2001, the by invitation only. However, those matic injury provided under this section date of the commencement of military oper- wishing to submit written testimony shall cease at midnight on the date of the ations in Afghanistan. for the hearing record should send two member’s separation from the uniformed copies of their testimony to the Com- service. Payment will not be made for any SA 566. Mr. STEVENS (for Mr. FRIST) loss resulting from injury incurred after the submitted an amendment intended to mittee on Energy and Natural Re- date a member is separated from the uni- be proposed by Mr. STEVENS to the bill sources, United States Senate, SD–364 formed services. H.R. 1268, Making emergency supple- Dirksen Senate Office Building, Wash- ‘‘(i) Insurance coverage provided under this mental appropriations for the fiscal ington, DC. section is not convertible to Veterans’ Group year ending September 30, 2005, to es- For further information, please con- Life Insurance.’’. tablish and rapidly implement regula- tact Tom Lillie at (202) 224–5161 or (b) CLERICAL AMENDMENT.—The table of Brian Carlstrom at (202) 224–6293. sections for chapter 19 of title 38, United tions for State driver’s license and COMMITTEE ON INDIAN AFFAIRS States Code, is amended by adding after the identification document security item relating to section 1980 the following: standards, to prevent terrorists from Mr. MCCAIN. Mr. President, I would ‘‘1980A. Traumatic injury protection.’’. abusing the asylum laws of the United like to announce that the Committee on Indian Affairs will meet on Wednes- (c) EFFECTIVE DATE.— States, to unify terrorism-related (1) IN GENERAL.—The amendments made by grounds for inadmissibility and re- day, April 27, 2005, at 9:30 a.m. in Room this section shall take effect on the first day moval, to ensure expeditious construc- 485 of the Russell Senate Office Build- of the first month beginning more than 180 tion of the San Diego border fence, and ing to conduct an Oversight Hearing on days after the date of enactment of this Act. for other purposes; as follows: Regulation of Indian Gaming. (2) RULEMAKING.—Before the effective date On page 231, between lines 3 and 4, insert Those wishing additional information described in paragraph (1), the Secretary of the following new section: may contact the Indian Affairs Com- Veterans Affairs, in collaboration with the mittee at 224–2251. Secretary of Defense, shall issue regulations RECIPROCAL VISAS FOR NATIONALS OF to carry out the amendments made by this AUSTRALIA COMMITTEE ON INDIAN AFFAIRS section. SEC. 6047. (a) Section 101(a)(15)(E) of the Mr. MCCAIN. Mr. President, I would Immigration and Nationality Act (8 U.S.C. like to announce that the Committee SA 565. Mr. STEVENS (for Mr. 1101(a)(15)(E)) is amended— on Indian Affairs will meet on Wednes- DEWINE) submitted an amendment in- (1) by adding at the end ‘‘or (iii) solely to day, May 11, 2005, at 9:30 a.m. in Room tended to be proposed by Mr. STEVENS perform services in a specialty occupation in 485 of the Russell Senate Office Build- to the bill H.R. 1268, Making emer- the United States if the alien is a national of ing to conduct an Oversight Hearing on the Commonwealth of Australia and with re- gency supplemental appropriations for spect to whom the Secretary of Labor deter- Federal Recognition of Indian Tribes. the fiscal year ending September 30, mines and certifies to the Secretary of Those wishing additional information 2005, to establish and rapidly imple- Homeland Security and the Secretary of may contact the Indian Affairs Com- ment regulations for State driver’s li- State that the intending employer has filed mittee at 224–2251.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4137 AUTHORITY FOR COMMITTEES TO mittee on the Judiciary be authorized committee on Oversight of Government MEET to meet to conduct a markup on Thurs- Management, the Federal Workforce, COMMITTEE ON ARMED SERVICES day, April 21, 2005 at 9:30 a.m. in Dirk- and the District of Columbia be author- Mr. ROBERTS. Mr. President, I ask sen room 226. ized to meet on Thursday, April 21, 2005 at 10:30 a.m. for a hearing entitled, unanimous consent that the Com- I. Nominations mittee on Armed Services be author- ‘‘Employing Federal Workforce Flexi- ized to meet during the session of the Terrence W. Boyle, II, to be U.S. Cir- bilities: A Progress Report.’’ Senate on April 21, 2005, at 10 a.m., in cuit Judge for the Fourth Circuit; Pris- The PRESIDING OFFICER. Without open session to consider the following cilla R. Owen, to be U.S. Circuit Judge objection, it is so ordered. nominations: Mr. Kenneth J. Krieg to for the Fifth Circuit; and Janice Rog- SUBCOMMITTEE ON PERSONNEL be Under Secretary of Defense for Ac- ers Brown, to be U.S. Circuit Judge for Mr. ROBERTS. Mr. President, I ask quisition, Technology and Logistics; the District of Columbia Circuit. unanimous consent that the sub- and Lieutenant General Michael V. II. Bills committee on Personnel be authorized Hayden, USAF, for appointment to the S. 378, Reducing Crime and Terrorism to meet during the session of the Sen- grade of General and to be Deputy Na- at America’s Seaports Act of 2005, ate on April 21, 2005, at 1:30 p.m., in tional Intelligence Director. open session to receive testimony on BIDEN, SPECTER, FEINSTEIN, KYL, COR- The PRESIDING OFFICER. Without the Present and Future Costs of De- NYN; and S. 629, Railroad Carriers and objection, it is so ordered. partment of Defense Health Care, and Mass Transportation Act of 2005, SES- COMMITTEE ON BANKING, HOUSING AND URBAN National health Care Trends in the Ci- SIONS, KYL. AFFAIRS vilian Sector. Mr. ROBERTS. Mr. President, I ask III. Matters The PRESIDING OFFICER. Without unanimous consent that the Com- Asbestos, Senate Judiciary Com- objection, it is so ordered. mittee on Banking, Housing, and mittee Rules. SUBCOMMITTEE ON SURFACE TRANSPORTATION Urban Affairs be authorized to meet THE PRESIDING OFFICER. Without AND MERCHANT MARINE during the session of the Senate on objection, it is so ordered. Mr. ROBERTS. Mr. President, I ask April 21, 2005, at 10 a.m. to conduct a JOINT COMMITTEE ON PRINTING unanimous consent that the Sub- hearing on ‘‘Regulatory Reform on the Mr. ROBERTS. Mr. President, I ask committee on Surface Transportation Housing Government-Sponsored Enter- unanimous consent that the Joint and Merchant Marine be authorized to prises.’’ Committee on Printing be authorized meet on Thursday, April 21, 2005, at 9:30 The PRESIDING OFFICER. Without a.m. on Amtrak Reauthorization. objection, it is so ordered. to meet during the session of the Sen- ate on Thursday, April 21, 2005 at 2 p.m. The PRESIDING OFFICER. Without COMMITTEE ON BANKING, HOUSING AND URBAN objection, it is so ordered. AFFAIRS to conduct an organizational meeting. f Mr. ROBERTS. Mr. President, I ask THE PRESIDING OFFICER. Without unanimous consent that the Com- objection, it is so ordered. ORDER FOR STAR PRINT—S. 786 mittee on Banking, Housing, and SELECT COMMITTEE ON INTELLIGENCE Mr. FRIST. I ask unanimous consent Urban Affairs be authorized to meet Mr. ROBERTS. Mr. President, I ask S. 786 be Star Printed with the changes during the session of the Senate on unanimous consent that the Select at desk. April 21, 2005, at 2:30 p.m. to conduct a Committee on Intelligence be author- The PRESIDING OFFICER. Without hearing on ‘‘HUD’s Fiscal Year 2005 ized to meet during the session of the objection, it is so ordered. Senate on April 21, 2005 at 2:30 p.m., to Budget.’’ f The PRESIDING OFFICER. Without hold a hearing. objection, it is so ordered. The PRESIDING OFFICER. Without MEASURES READ THE FIRST COMMITTEE ON FINANCE objection, it is so ordered. TIME—S. 870, S. 871, S. 872, S. 873, Mr. ROBERTS. Mr. President, I ask SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- S. 874 unanimous consent that the Com- AGEMENT, GOVERNMENT INFORMATION AND Mr. FRIST. I understand there are mittee on Finance be authorized to INTERNATIONAL SECURITY five bills at the desk and I ask for their meet during the session on Thursday, Mr. ROBERTS. Mr. President, I ask first reading en bloc. April 21, 2005, at 10 a.m., in 628 Dirksen unanimous consent that the Sub- The PRESIDING OFFICER. The Senate Office Building, to consider the committee on Federal Financial Man- clerk will report the bills by title. nomination of Robert J. Portman to be agement, Government Information, The assistant legislative clerk read United States Trade Representative. and International Security be author- as follows: The PRESIDING OFFICER. Without ized to meet on Thursday, April 21st, A bill (S. 870) to prohibit energy market objection, it is so ordered. 2005, at 2:30 p.m., for a hearing regard- manipulation. COMMITTEE ON FOREIGN RELATIONS ing ‘‘An Assessment of the President’s A bill (S. 871) to amend title 10, United Mr. ROBERTS. Mr. President, I ask Management Agenda’’. States Code, to ensure that the strength of unanimous consent that the Com- The PRESIDING OFFICER. Without the Armed Forces and the protections and mittee on Foreign Relations be author- objection, it is so ordered. benefits for members of the Armed Forces and their families are adequate for keeping SUBCOMMITTEE ON INTELLECTUAL PROPERTY ized to meet during the session of the the commitment of the people of the United Senate on Thursday, April 21, 2005 at Mr. ROBERTS. Mr. President, I ask States to support their servicemembers, and 9:30 a.m. to hold a hearing on multilat- unanimous consent that the Sub- for other purposes. eral development banks. committee on Intellectual Property be A bill (S. 872) to amend the Internal Rev- THE PRESIDING OFFICER. Without authorized to meet to conduct a hear- enue Code of 1986 to provide for the taxation objection, it is so ordered. ing on ‘‘The Patent System Today and of income of controlled foreign corporations COMMITTEE ON HEALTH, EDUCATION, LABOR, Tomorrow’’ on Thursday, April 21, 2005 attributable to imported property. A bill (S. 873) to amend title XVIII of the AND PENSIONS at 2:30 p.m., in Dirksen 226. Mr. ROBERTS. Mr. President, I ask Social Security Act to deliver a meaningful Panel I: Jon W. Dudas, Undersecre- benefit and lower prescription drug prices unanimous consent that the Com- tary of Commerce for Intellectual under the medicare program. mittee on Health, Education, Labor, Property, Director of the U.S. Patent A bill (S. 874) to establish a national health and Pensions be authorized to hold a and Trademark Office, Department of program administered by the Office of Per- hearing during the session of the Sen- Commerce, Arlington, VA. sonnel Management to offer health benefits ate on Thursday, April 21, 2005 at 10 The PRESIDING OFFICER. Without plans to individuals who are not Federal em- a.m. in SD–430 objection, it is so ordered. ployees, and for other purposes. THE PRESIDING OFFICER. Without SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT Mr. FRIST. I now ask for a second objection, it is so ordered. MANAGEMENT, THE FEDERAL WORKFORCE, reading and, in order to place the bills COMMITTEE ON THE JUDICIARY AND THE DISTRICT OF COLUMBIA on the calendar under the provisions of Mr. ROBERTS. Mr. President, I ask Mr. ROBERTS. Mr. President, I ask rule XIV, I object to my own requests, unanimous consent that the Com- unanimous consent that the Sub- all en bloc.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4138 CONGRESSIONAL RECORD — SENATE April 21, 2005 The PRESIDING OFFICER. Objec- mitted to speak for up to 10 minutes IN THE MARINE CORPS tion having been heard, the bills will be each. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT read the second time on the next legis- The PRESIDING OFFICER. Without IN THE UNITED STATES MARINE CORPS TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- lative day. objection, it is so ordered. TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: f f To be lieutenant general AMENDING THE AGRICULTURAL PROGRAM MAJ. GEN. JOHN W. BERGMAN, 0000 CREDIT ACT OF 1987 Mr. FRIST. Mr. President, tomorrow IN THE NAVY Mr. FRIST. Mr. President, I ask the Senate will be in a period of morn- THE FOLLOWING NAMED OFFICERS FOR TEMPORARY unanimous consent the Agriculture APPOINTMENT TO THE GRADE INDICATED IN THE ing business. There will be no rollcall UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION Committee be discharged from further votes during tomorrow’s session. The 5721: consideration of S. 643 and the Senate next vote will occur on Tuesday of next To be lieutenant commander proceed to its immediate consider- week. It is my hope we will be able to JOEL P. BERNARD, 0000 ation. begin consideration of the highway bill JOSHUA D. BIGHAM, 0000 CHAD A. BOLLMANN, 0000 The PRESIDING OFFICER. Without early next week, and I will have more DERRICK D. BOOM, 0000 objection, it is so ordered. The clerk to say on next week’s schedule tomor- LESTER A. BROWN, JR., 0000 FRANKIE J. CLARK, 0000 will report the bill by title. row. ERIC D. COLE, 0000 The assistant legislative clerk read Before we close, I do want to con- KENNETH S. DOUGLAS, 0000 JESSE G. ESPE, 0000 as follows: gratulate Chairman COCHRAN as well as JEFFREY P. FENDICK, 0000 A bill (S. 643) to amend the Agricultural the ranking member for their efforts MICHAEL E. FREED, 0000 Credit Act of 1987 to reauthorize State medi- KEVIN P. GALLAGHER, 0000 on the emergency supplemental today. PATRICK M. GESCHKE, 0000 ation programs. With the passage vote of 99 to zero, LARRY S. HAND, 0000 INDALECIO M. HERNANDEZ, 0000 There being no objection, the Senate that bill shortly will go to conference CHRISTOPHER T. HORGAN, 0000 proceeded to consider the bill. committee for a final product. I thank PATRICK J. HOUGH, 0000 SCOTT A. JONES, 0000 Mr. FRIST. I ask unanimous consent the two managers for their time and HARRY L. JUNEAU, 0000 the bill be read a third time and patience on the floor during the consid- DANIEL B. MCFALL, 0000 GREGORY L. MORRIS, 0000 passed, the motion to reconsider be eration of the bill. PAUL M. NIELSON, 0000 laid upon the table, and that any state- SCOTT A. NOE, 0000 f MITCHELL K. OCONNOR, 0000 ments be printed in the RECORD. BRIAN S. ONEILL, 0000 The PRESIDING OFFICER. Without ADJOURNMENT UNTIL 9:30 A.M. ANDREW L. PRESBY, 0000 TOMORROW JAMES T. ROBINSON, 0000 objection, it is so ordered. DARREN C. ROE, 0000 The bill (S. 643) was read the third Mr. FRIST. If there is no further SCOTT E. SHEA, 0000 TIMOTHY C. SPENCE, 0000 time and passed, as follows: business to come before the Senate, I MATTHEW J. STEENO, 0000 S. 643 ask unanimous consent the Senate ANDREW P. THOMAS, 0000 JAMES E. THOMAS, 0000 Be it enacted by the Senate and House of Rep- stand in adjournment under the pre- CHRISTOPHER J. WILLIAMS, 0000 resentatives of the United States of America in vious order. MARC K. WILLIAMS, 0000 Congress assembled, There being no objection, the Senate, f SECTION 1. REAUTHORIZATION OF STATE MEDI- at 5:58 p.m., adjourned until Friday, ATION PROGRAMS. April 22, 2005, at 9:30 a.m. Section 506 of the Agricultural Credit Act CONFIRMATIONS of 1987 (7 U.S.C. 5106) is amended by striking f Executive nominations confirmed by ‘‘2005’’ and inserting ‘’2010’’. NOMINATIONS the Senate Thursday, April 21, 2005: f Executive nominations received by EXECUTIVE OFFICE OF THE PRESIDENT ORDERS FOR FRIDAY APRIL 22, the Senate April 21, 2005: JOHN D. NEGROPONTE, OF NEW YORK, TO BE DIRECTOR OF NATIONAL INTELLIGENCE. 2005 IN THE ARMY LIEUTENANT GENERAL MICHAEL V. HAYDEN, UNITED STATES AIR FORCE, TO BE PRINCIPAL DEPUTY DIREC- Mr. FRIST. I ask unanimous consent THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TOR OF NATIONAL INTELLIGENCE. that when the Senate completes its IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE ABOVE NOMINATION WAS APPROVED SUBJECT TO WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE NOMINEE’S COMMITMENT TO RESPOND TO RE- business today, it stand in adjourn- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ment until 9:30 a.m. on Friday, April To be lieutenant general CONSTITUTED COMMITTEE OF THE SENATE. 22. I further ask that following the LT. GEN. ROBERT W. WAGNER, 0000 IN THE AIR FORCE prayer and the pledge, the morning THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT hour be deemed expired, the Journal of THE UNITED STATES OFFICER FOR APPOINTMENT AS DI- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RECTOR, ARMY NATIONAL GUARD AND FOR APPOINT- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE proceedings be approved to date, the MENT TO THE GRADE INDICATED UNDER TITLE 10, U.C.C., AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION time for the two leaders be reserved, SECTION 10506: 601: and the Senate then to begin a period To be lieutenant general To be general of morning business with Senators per- MAJ. GEN. CLYDE A. VAUGHN, 0000 LT. GEN. MICHAEL V. HAYDEN

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 9801 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E711 EXTENSIONS OF REMARKS

DEATH TAX REPEAL Humphrey Friend of Labor Award, sponsored tigious award of Eagle Scout. Steven received PERMANENCY ACT OF 2005 by the AFL–CIO, at the annual Labor Awards his Eagle Award on March 5, 2005 at an Breakfast on Sunday, April 17, 2005. Eagle Court of Honor in Platte Woods, Mis- SPEECH OF As a third-term Assemblywoman for the souri. 14th legislative district, Assemblywoman Steven has been very active with his troop, HON. BETTY McCOLLUM Greenstein has proven herself to be an out- participating in many Scout activities. Over the OF MINNESOTA standing political leader. She currently serves many years, Steven has been involved with IN THE HOUSE OF REPRESENTATIVES as the Chair of the Judiciary Committee, the Scouting, he has not only earned numerous Wednesday, April 13, 2005 Assistant Majority Leader of the Assembly, the merit badges, but the respect of his family, Vice-Chair of the Assembly Federal Relations peers, and community. He is truly an exem- Ms. MCCOLLUM of Minnesota. Mr. Speak- Committee, and as a member of the Budget plary Scout. er, I rise in opposition to H.R. 8, the Repub- Committee. For his Eagle project, Steven designed and lican Estate Tax bill. This legislation is further In the Assembly, she has strived to achieve built a Prayer Path at Platte Woods United evidence of Republican’s chronic addiction to positive policy changes, particularly in the Methodist Church, where I might add, his digging deeper into debt. At a time when we areas of labor and the protection of personal Eagle Court of Honor was held. Steven’s work face a deficit of over $400 billion, Republicans freedoms and workers’ rights. Assembly- on this project included designing, planning, today chose to pass a bill that will cost Ameri- woman Greenstein is the main sponsor of the and implementing the path construction on cans another $290 billion—with the cost grow- Call Center Disclosure Bill and the author of newly acquired church property. Steven ing to nearly a trillion dollars after 10 years. New Jersey’s anti-telemarketing law. She cleared the path area, and installed rock and This vote comes less than a month after the sponsored the bill-turned-law that added two flagstones, as well as plant life. The project Majority supported a budget that will slash union members to the State Health Benefits provides church members with a place to pray funding from education and from our fire- Commission. Throughout the years, she has and reflect. fighters, police, and veterans. This is a clear consistently supported bills that would enact Mr. Speaker, I proudly ask you to join me in statement of the majority’s priority which is to workers compensation reform and ensure the commending Steven Todd Orr for his accom- put corporations and the very rich ahead of rights and well-being of New Jersey citizens. plishments with the Boy Scouts of America our families and communities. Her past leadership endeavors include serv- and for his efforts put forth in achieving the Another rarely discussed provision of the ing as Vice-President of the Mercer County highest distinction of Eagle Scout. Republican bill is the repeal of ‘‘step-up in School Boards Association and being elected f basis’’, which will result in an increase in cap- to the Plainsboro Township Committee for six ital gains taxes and additional compliance bur- years. Currently, she is a board member of HONORING THE CONTRIBUTIONS dens for many estates. This means that more multiple community organizations, such as the OF AMANDA VERNOR, BALL ELE- families, businesses and family farms will have New Jersey Council for the Humanities and MENTARY TEACHER OF THE an increased tax liability rather than receive the Boy Scouts of America. YEAR any benefit from this repeal. Besides her political career, Assembly- I support the Democratic alternative, the woman Greenstein has had an extensive law HON. HENRY CUELLAR Certain and Immediate Estate Tax Relief Act, career working as an Assistant District Attor- which would take effect next year and exempt OF TEXAS ney in Philadelphia, a Clinical Associate Pro- IN THE HOUSE OF REPRESENTATIVES 99.7 percent of families and businesses from fessor at Seton Hall Law School, and a Dep- this tax for a third of the cost of the Repub- uty Attorney General in the Division of Crimi- Wednesday, April 20, 2005 lican proposal. In fact, if this substitute is nal Justice in Trenton. Mr. CUELLAR. Mr. Speaker, I rise to recog- adopted, all but 71 Minnesota families, 11 Assemblywoman Greenstein attended Vas- nize the many accomplishments of Amanda North Dakota families, and 5 South Dakota sar College, John Hopkins University, and the Vernor, Ball Elementary School Teacher of the families will be exempted from the estate tax. Georgetown University Law Center. She and Year. Permanent repeal of the estate tax benefits her husband have one son and live in Ms. Vernor holds a Bachelor of Science de- only the very wealthiest in our society while Plainsboro. gree in Interdisciplinary Studies with a Spe- endangering our long-term economic stability Today, I ask my colleagues to join me in cialization in Reading from Southwest Texas and the solvency of Social Security and Medi- honoring Assemblywoman Linda R. Green- State University. She is currently updating her care. It is my hope that Congress and the Ad- stein for her dedicated commitment to serving credentials as a participant in the University of ministration will end this reckless spending her community, her extensive involvement in North Texas Master’s program, where she is and return us to common-sense, responsible political affairs, and her tireless efforts to serve pursuing a degree in Information Sciences. public policy that makes the health, education the people of New Jersey. Amanda Vernor instructs her fourth grade and safety of American families our top pri- class in a variety of subjects: reading, writing, ority. f math, and science. She is a relatively new f RECOGNIZING STEVEN TODD ORR teacher: she has three years of experience, all FOR ACHIEVING THE RANK OF with the Seguin Independent School District. IN HONOR OF ASSEMBLYWOMAN EAGLE SCOUT She is already making a difference for her stu- LINDA R. GREENSTEIN dents, however, helping to turn them into suc- HON. SAM GRAVES cessful lifelong learners. HON. ROBERT MENENDEZ OF MISSOURI Ms. Vernor believes in challenging her stu- OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES dents: she is known to say that ‘‘students will IN THE HOUSE OF REPRESENTATIVES live up to your lowest expectation.’’ She be- Wednesday, April 20, 2005 lieves that what students need is guidance in Wednesday, April 20, 2005 Mr. GRAVES. Mr. Speaker, I proudly pause planning a course of action to achieve their Mr. MENENDEZ. Mr. Speaker, I rise today to recognize Steven Todd Orr, a very special goals, and she aims to provide that for them. to honor Assemblywoman Linda R. Greenstein young man who has exemplified the finest Amanda Vernor is an exemplary teacher, for her exceptional efforts and unwavering qualities of citizenship and leadership by tak- and a blessing to the people of Seguin. She commitment to worker issues. Assembly- ing an active part in the Boy Scouts of Amer- has an excellent career ahead of her, and I woman Greenstein received the Hubert H. ica, Troop 633, and in earning the most pres- wish her the best of luck.

∑ 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 02:58 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A20AP8.013 E21PT1 E712 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2005 DEFIBRILLATORS IN ALACHUA ture and will teach with humility and lead with as the former Governor, the very Honorable COUNTY SCHOOLS grace. Thomas Kean, Sr. and his distinguished son, Mr. Speaker, I applaud the Church for their New Jersey State Senator Thomas Kean, Jr., HON. CLIFF STEARNS decision to elect Pope Benedict XVI to this have been chosen to receive this prestigious special and divine position. I am happy to honor for compiling such exemplary records of OF FLORIDA have him as my spiritual leader and guide and public service. Past recipients have included IN THE HOUSE OF REPRESENTATIVES hope that others will celebrate the new pope such outstanding public servants as United Wednesday, April 20, 2005 of the Catholic Church. States Senator JON CORZINE, Representative BILL PASCRELL, two former Governors of the Mr. STEARNS. Mr. Speaker, I rise today to f State of New Jersey, and corporate leaders speak on the importance and effectiveness of RECOGNIZING TRAVIS R. VOGEL Ted Turner and Donald Trump. defibrillators. Heart disease kills more than FOR ACHIEVING THE RANK OF Mr. Adubato, Sr., is the founder and Execu- 250,000 Americans each year and many of EAGLE SCOUT tive Director of the North Ward Center, New- these deaths result from sudden cardiac ar- ark Business Training Institute, The Robert rest, SCA. The most effective treatment for Treat Academy Charter School and Casa SCA is immediate defibrillation, in which thou- HON. SAM GRAVES Israel. His life’s work has demonstrated to the sands of lives are saved. Recognizing this OF MISSOURI people of his native city, Newark, and the en- years ago, I had the honor of working with the IN THE HOUSE OF REPRESENTATIVES tire state of New Jersey, just what one dedi- American Heart Association, AHA, in devel- Wednesday, April 20, 2005 cated, brilliant, and courageous man can ac- oping legislation addressing SCA. This co- complish to improve his community’s edu- operation led to the Cardiac Arrest Survival Mr. GRAVES. Mr. Speaker, I proudly pause cational, civic, and cultural life. Mr. Adubato, Act. Now, I am pleased to see that the AHA to recognize Travis R. Vogel, a very special Sr., has also served as a teacher, supervisor, is donating, to Alachua County, Florida, young man who has exemplified the finest and counselor for the Newark Board of Edu- defibrillators to be placed in each public qualities of citizenship and leadership by tak- cation, an instructor and consultant at Rutgers school in Alachua County. The move comes in ing an active part in the Boy Scouts of Amer- University, a consultant to New Jersey’s Chan- light of two incidents earlier this school year, ica, Troop 633, and in earning the most pres- cellor of Higher Education, and Director of Ex- in which area high school students collapsed. tigious award of Eagle Scout. Travis received ternal Affairs at the University of Medicine and In Florida, nearly 12,800 people suffer a car- his Eagle Award on March 5, 2005 at an Dentistry of New Jersey. diac arrest each year, and 95 percent of them Eagle Court of Honor in Platte Woods, Mis- Like his father, Dr. Stephen Adubato, Jr., die. AHA’s goal is to increase the survival rate souri. has also compiled a distinguished career as a from 5 to 20 percent and I support and stand Travis has been very active with his troop, four-time Emmy Award-winning broadcaster, behind them in reaching this end. participating in many Scout activities. Over the best-selling author and motivational speaker. f many years Travis has been involved with In the mid–1980s, at the age of 26, he served Scouting, he has not only earned numerous as New Jersey’s youngest state legislator. TRIBUTE TO POPE BENEDICT XVI merit badges, but the respect of his family, Since then, he has been seen on-air as an ex- peers, and community. He is truly an exem- pert commentator for MSNBC, the FOX News HON. JOE BACA plary Scout. Channel, WABC-TV, and WNET, the leading public television station in the Greater New OF CALIFORNIA For his Eagle project, Travis remodeled the walls of the VFW basement. Travis installed York City metropolitan area. In 1995, Dr. IN THE HOUSE OF REPRESENTATIVES new window well frames, and installed new Adubato started a company called ‘‘Stand and Wednesday, April 20, 2005 siding—which he also painted—on the exte- Deliver’’ that is geared to helping people be- Mr. BACA. Mr. Speaker, I rise to pay tribute rior. His work on the interior included new come better communicators. In 1999, he to a man who embodies the values of strength drywall, patching existing wall surfaces, founded ‘‘Stand and Deliver: Communication and wisdom. Seventeen days after Pope John texturing and painting the walls, and adding a Tools for Tomorrow’s Leaders,’’ a non-profit Paul II sadly succumbed to illnesses related to chair rail. The project provided the VFW with program which provides many young people Parkinson’s disease, the Catholic community a nicer looking space, and the window framing with the communications tools they need to and the world witnessed the ascension of a in particular will help the VFW save on energy become better citizens and to more effectively compete for and succeed in the growingly new leader, former Cardinal Joseph Ratzinger, costs. complex job market. He currently hosts two to the papacy. Mr. Speaker, I proudly ask you to join me in shows on public television, ‘‘Caucus New Jer- Today, I join millions of Catholics around the commending Travis R. Vogel for his accom- sey,’’ an Emmy Award-winning public affairs world in celebrating the election of Pope plishments with the Boy Scouts of America television series and ‘‘Inside Trenton,’’ an in- Benedict XVI and know that His Holiness will and for his efforts put forth in achieving the sightful and innovative news program that cov- continue to lead our church with the integrity highest distinction of Eagle Scout. ers public affairs on a weekly basis. and compassion exhibited by the dearly de- f Founded in 1901, the Jewish National Fund parted Pope John Paul II. IN RECOGNITION OF MR. STEPHEN is one of the premier organizations in the Since 1981, Pope Benedict XVI has led the world devoted to the welfare of the people and Congregation for the Doctrine of the Faith ADUBATO, SR. AND DR. STEPHEN ADUBATO, JR., RECIPIENTS OF land of Israel. The Tree of Life Award is a hu- where his deep-seated religious beliefs played manitarian award that the Fund presents to in- an enormous role in stabilizing the Catholic THE JEWISH NATIONAL FUND’S ‘‘TREE OF LIFE’’ AWARD dividuals in appreciation of their outstanding Church and community. He was a close con- community involvement, their dedication to the fidant of Pope John Paul II and is known to all cause of American-Israeli friendship, and their as a respected scholar and teacher of the HON. STEVEN R. ROTHMAN devotion to peace and security. The award Catholic faith. OF NEW JERSEY recognizes outstanding leaders for their For over 54 years, Pope Benedict XVI has IN THE HOUSE OF REPRESENTATIVES achievements and innovations in industry, dedicated himself to his God and his creed. Wednesday, April 20, 2005 government and education. He studied at St. Michael’s seminary in Mr. Speaker, I would like to ask my col- Traunstein, Germany in the 1940s and be- Mr. ROTHMAN. Mr. Speaker, I rise today leagues to join me in recognizing the out- lieves intimately in church doctrine and the or- with great pleasure to honor representatives of standing contributions to New Jersey’s civic thodoxy of Catholicism. As the first German two generations of an extraordinarily talented life made by Mr. Stephen Adubato, Sr., and pope since the 11th century, he will continue family from the great state of New Jersey, Mr. Dr. Stephen Adubato, Jr., and to acknowledge the legacy of advocating for peace, social jus- Stephen Adubato, Sr., and his son, Dr. Ste- their lifetime of good works, as well as those tice, and the dignity of the human spirit. phen Adubato, Jr. Both members of this truly of former Governor Thomas Kean, Sr., and Pope Benedict is a steadfast believer in reli- remarkable father-and-son team are to be pre- State Senator Thomas Kean, Jr. Individuals gious freedom and respect among all people sented with the Tree of Life Award by the such as these make me proud to be a New of this world. He has a vision of how the Jewish National Fund on June 1, 2005 in Liv- Jerseyan and proud to call these wonderful Catholic Church will shape our world and fu- ingston, New Jersey. The Adubatos, as well people my friends.

VerDate Aug 04 2004 02:58 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A20AP8.017 E21PT1 April 21, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E713 HONORING THE CONTRIBUTIONS lected for this prestigious honor. She is a company works with parents to help advise OF PRISCILLA DIAZ, JEFFERSON credit to New Jersey and a credit to our many them on health conditions and care standards ELEMENTARY TEACHER OF THE outstanding educators. that can be followed at home. YEAR Historian Henry Adams said, ‘‘A teacher af- On April 22nd, 2005, Providence will hold fects eternity; he can never tell where his influ- an official grand opening of its new corporate HON. HENRY CUELLAR ence stops.’’ We know that Ms. Stewart’s work office in West Berlin, New Jersey. They cur- OF TEXAS to engage young adults and encourage their rently employ 65 professional staff, and oper- IN THE HOUSE OF REPRESENTATIVES development as informed, involved and ate three pediatric medical daycare centers in Wednesday, April 20, 2005 thoughtful citizens will benefit our community Camden, Lawnside, and Pleasantville, New for generations to come. Today, I am honored Jersey. Mr. CUELLAR. Mr. Speaker, I rise to recog- to join in the applause for one of the Nation’s Mr. Speaker, Providence Pediatric provides nize the many accomplishments of Priscilla great teachers—Ms. Peggy Stewart. We are essential services to some of the neediest Diaz, Jefferson Elementary Teacher of the grateful for your dedication to providing New people in our community. I applaud them for Year. Jersey children with an outstanding education. their hard work, and I wish everyone at Provi- Ms. Diaz did not start out in education; origi- f dence the best of luck in their new office. nally, she received her Bachelor’s degree in f Business Management from Texas A&M Uni- RECOGNIZING SPENCER PRESTON versity at Kingsville. She later returned to HARRIS FOR ACHIEVING THE HONORING THE CONTRIBUTIONS school at Southwest Texas State University, RANK OF EAGLE SCOUT OF CAROL HARWOOD PATLAN where she received her Master’s in Education. ELEMENTARY SCHOOL TEACHER Priscilla Diaz is one of Jefferson HON. SAM GRAVES OF THE YEAR Elementary’s newer teachers, with three years OF MISSOURI of teaching experience. Already, however, she IN THE HOUSE OF REPRESENTATIVES HON. HENRY CUELLAR is making an impact in her profession, and OF TEXAS changing the lives of her fourth-grade stu- Wednesday, April 20, 2005 IN THE HOUSE OF REPRESENTATIVES dents. Mr. GRAVES. Mr. Speaker, I proudly pause Ms. Diaz believes in the importance of help- to recognize Spencer Preston Harris of Platte Wednesday, April 20, 2005 ing her students develop strong character. City, Missouri, a very special young man who Mr. CUELLAR. Mr. Speaker, I rise to recog- She teaches her children to be accountable has exemplified the finest qualities of citizen- nize the many accomplishments of Carol Har- for their actions, to have pride in themselves, ship and leadership by taking an active part in wood, the Patlan Elementary School Teacher and to fulfill the responsibilities that are as- the Boy Scouts of America, Troop 351, and in of the Year. signed to them. She feels that teaching is a earning the most prestigious award of Eagle Carol Harwood is a highly qualified bilingual unique profession: both a privilege and a chal- Scout. first grade teacher at Patlan Elementary. She lenge. Spencer has been a part of Troop 351 for received her Associate Degree from Sullins Ms. Priscilla Diaz has accomplished a great 5 years, and during that time period he has College in Virginia, and later earned both a deal thus far, and she has a bright future served in a variety of leadership positions. He Bachelor’s Degree from SMU, and a Masters ahead of her in education. By helping our chil- has served his troop as Patrol Leader, Quar- Degree from Texas Woman’s University. dren grow up as responsible and productive termaster, Assistant Senior Patrol Leader, Li- She has spent the last 28 years gaining val- citizens, she is doing a tremendous favor to all brarian, and finally Senior Patrol Leader. Dur- uable experience in education, serving both of us. I am proud to have had the opportunity ing that time period, he earned 45 merit our youth and our community. Carol Harwood to recognize her for her dedication. badges and the God and Church Medal. In worked as an assistant elementary school f addition to the numerous leadership positions principal in both Dallas and Port Isabel before CONGRATULATIONS TO MS. PEGGY and merit badges, Spencer is a Brotherhood returning to teaching at Patlan Elementary. STEWART Member in the Order of the Arrow, a Warrior As a bilingual first grade teacher, Ms. Har- in the Tribe of Mic-O-Say, and spent 5 years wood understands the unique needs of our HON. SCOTT GARRETT at the H. Roe Bartle Scout Reservation. Spen- students. Her passion for teaching is com- cer also participated in Junior Leader Basic plemented by both her years of experience, OF NEW JERSEY Training and World Conservation, has 38 total and her unique perspective as a former school IN THE HOUSE OF REPRESENTATIVES service hours, 98 nights camping, and 50 administrator. Carol Harwood is currently Wednesday, April 20, 2005 miles hiking. He is truly an exemplary Scout. being honored as the Patlan Elementary Mr. GARRETT of New Jersey. Mr. Speaker, For his Eagle Scout project, Spencer folded, School Teacher of the Year. today I extend congratulations and thanks to repaired, and boxed 47,000 American Flags It is an honor to recognize the accomplish- Ms. Peggy Stewart, a teacher at Vernon that decorate graves at the Leavenworth, Kan- ments of Carol Harwood of Patlan Elementary Township High School in Sussex County, New sas military cemetery. School. Her dedication and love of teaching Jersey. Ms. Stewart, who teaches and resides Mr. Speaker, I proudly ask you to join me in has helped to ensure that our children are the in the Fifth Congressional District, was se- commending Spencer Preston Harris for his real winners. lected from nominees across the state to re- accomplishments with the Boy Scouts of f ceive the 2004–2005 New Jersey Teacher of America and for his efforts put forth in achiev- REGARDING THE DIABETIC FOOT the Year award. ing the highest distinction of Eagle Scout. COMPLICATION AND LOWER EX- This week, Ms. Stewart and other distin- f guished teachers from around the country are TREMITY AMPUTATION REDUC- in Washington to be recognized. HONORING PROVIDENCE PEDI- TION ACT OF 2005 Since she began teaching at Vernon Town- ATRIC MEDICAL DAY CARE, INC. ship High School in 1991, Ms. Stewart has re- HON. RICHARD H. BAKER ceived numerous awards and citations for her HON. ROBERT E. ANDREWS OF LOUISIANA excellence in the classroom. She’s been noted OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES in ‘‘Who’s Who Among America’s Teachers,’’ IN THE HOUSE OF REPRESENTATIVES Wednesday, April 20, 2005 and was recognized as a premier humanities Wednesday, April 20, 2005 instructor by the New Jersey Council for the Mr. BAKER. Mr. Speaker, as the Federal Humanities. Mr. ANDREWS. Mr. Speaker, I rise today to Government seeks to provide better In selecting Ms. Stewart for this honor, the honor Providence Pediatric Medical Day Care, healthcare to more Americans while reducing New Jersey Board of Education cited her indi- Inc., for its valuable service to New Jersey’s healthcare expenses, we must look at the vidualistic approach to her students and her most medically challenged children. Provi- benefits of preventive care programs. Edu- persistence in creating well-rounded experi- dence provides world class medical day care cation, screening and preventive treatments ences to develop her students’ sense of citi- with ongoing monitoring and assessment by can save patients and government significant zenship. professional nurses for a broad range of ill- heartache and expense. One area where pre- I want to congratulate Ms. Stewart of nesses and medical conditions. Serving an ventive care shows tremendous promise is the Vernon Township High School for being se- overwhelmingly inner city infant population, the treatment of diabetic foot complications.

VerDate Aug 04 2004 02:58 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A20AP8.021 E21PT1 E714 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2005 Approximately 18 million Americans have di- Mr. Speaker, I hope members will consider copter pilot. Prather leaves behind a wife and abetes, an increase of 61 percent since 1990. these facts and cosponsor the ‘‘Diabetic Foot two children. As diabetes rates continue to rise, the cost of Complication and Lower Extremity Amputation Mr. Speaker, I rise today to honor Clint J. treating diabetes, already estimated at $132 Reduction Act of 2005.’’ Prather for his spirit and his sacrifice that led billion, will certainly rise. One of the most seri- f him to the danger of the Afghan battlefield. I ous complications diabetes patients face is invite my colleagues to join me in remem- poor circulation and infections in their lower RECOGNIZING SAWYER DANIEL bering and honoring Chief Warrant Officer extremities. In fact, diabetic foot infections are BRESLOW FOR ACHIEVING THE Prather for his service to our country, the Iraqi the most common reason for hospital admis- RANK OF EAGLE SCOUT people, and Afghanistan. sions among persons with diabetes, account- f ing for 25 percent of all diabetic admissions in HON. SAM GRAVES HONORING THE CONTRIBUTIONS the United States. Loss of circulation and feel- OF MISSOURI OF MELANIE HUCKABY, ing present real challenges to people with dia- IN THE HOUSE OF REPRESENTATIVES betes and 15 percent of people with diabetes MCQUEENEY ELEMENTARY will experience a foot ulcer, and between 14 Wednesday, April 20, 2005 TEACHER OF THE YEAR and 24 percent of those with a foot ulcer will Mr. GRAVES. Mr. Speaker, I proudly pause require amputation. Each year approximately to recognize Sawyer Daniel Breslow of Platte HON. HENRY CUELLAR 86,000 non-traumatic lower-limb amputations City, Missouri, a very special young man who OF TEXAS are performed each year among people with has exemplified the finest qualities of citizen- IN THE HOUSE OF REPRESENTATIVES diabetes. ship and leadership by taking an active part in Wednesday, April 20, 2005 Lower extremity amputations cost Ameri- the Boy Scouts of America, Troop 351, and in cans $2 billion a year, with each procedure to- earning the most prestigious award of Eagle Mr. CUELLAR. Mr. Speaker, I rise to recog- taling approximately $60,000. Although private Scout. nize the many accomplishments of Melanie insurance bears some of this expense, Medi- Sawyer has been a part of Troop 351 for 5 Huckaby, McQueeney Elementary School care is saddled with many of these costs since years, and during that time period he has Teacher of the Year. Ms. Huckaby is a graduate of Southwest these complications disproportionately affect served in a variety of leadership positions. He Texas State University, from which she re- the elderly. For example, analysis of the 1995 has served his troop as Assistant Patrol Lead- ceived her Bachelor of Science in Elementary Medicare claims revealed that lower-extremity er, Patrol Leader, Scribe, Librarian, and Quar- Education. She has seventeen years of teach- ulcer care accounted for $1.45 billion in Medi- termaster. During that time period, he earned ing experience, in several diverse environ- care costs and contributed substantially to the 50 merit badges and the God and Church ments. high cost of care for diabetics, compared with Medal. In addition to the numerous leadership After graduating college, Ms. Huckaby Medicare costs for the general population. In positions and merit badges, Sawyer is a taught first grade for the Seguin ISD for a fact, the Medicare costs for diabetes patients Brotherhood Member in the Order of the number of years, before moving to Los Ange- with foot ulcers is 3 times higher than for dia- Arrow, a Warrior in the Tribe of Mic-O-Say, les to pursue her teaching career further. She betes patients in general, and inpatient care and spent 5 years at the H. Roe Bartle Scout moved back to Seguin to take up the position accounts for 74 percent of diabetic ulcer-re- Reservation. Sawyer also participated in Den of Library Media Specialist, which she holds lated costs. Chief Training, Junior Leader Basic Training, Fortunately, cost effective ulcer prevention today. Snorkeling, Mile Swim, and National Camping. Melanie Huckaby is a believer in the power and treatment interventions have proven effec- Sawyer also has 68 service hours, 93 nights of reading to help transform the lives of her tive at reducing foot complications and lower camping, and 53 miles hiking. He is truly an students. She loves to read aloud to the chil- extremity amputations at only a fraction of the exemplary Scout. dren, and enjoys answering students’ ques- cost. Studies show that a multidisciplinary ap- For his Eagle Scout project, Sawyer tions and helping them to learn how to find in- proach, including preventive strategies, patient planned and built a large board game table formation on their own. and staff education, and treatment of foot ul- with playing pieces for the Ronald McDonald Her passion for reading and learning serves cers, can reduce amputation rates up to 85 House in Kansas City, Missouri. as a wonderful example for her students. The percent. Nationwide reductions of this size Mr. Speaker, I proudly ask you to join me in people of Seguin are lucky to have a dedi- would save Americans as much as $1.7 billion commending Sawyer Daniel Breslow for his cated teacher and librarian like Melanie a year. The American Diabetes Association accomplishments with the Boy Scouts of Huckaby looking after her students, and I am estimates that comprehensive foot care pro- America and for his efforts put forth in achiev- proud to have the chance to recognize her grams can reduce amputation rates up to 85 ing the highest distinction of Eagle Scout. here today. percent. Furthermore, the LSU Health f Sciences Center Diabetes Foot Program in f Baton Rouge, Louisiana enrolled over 2,300 HONORING CHIEF WARRANT RUBELLA ELIMINATION diabetes patients with published research OFFICER TWO CLINT. J. PRATHER ANNOUNCEMENT demonstrating their prevention and treatment program resulted in an 89 percent reduction in HON. CATHY McMORRIS HON. DAVID E. PRICE foot related hospitalizations, an 81 percent re- OF WASHINGTON OF NORTH CAROLINA duction in emergency room visits, and a 79 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES percent reduction in foot amputations at a cost Wednesday, April 20, 2005 of about 50 percent of standard care. Unfortu- Wednesday, April 20, 2005 nately, a 2002 National Institutes of Health Miss MCMORRIS. Mr. Speaker, I rise today Mr. PRICE of North Carolina. Mr. Speaker, (NIH) study shows that less than 2 percent of to posthumously recognize Chief Warrant Offi- on March 21, 2005, the Centers for Disease adult diabetics receive the level of care rec- cer Two Clint J. Prather for paying the ultimate Control and Prevention (CDC) announced that ommended by the American Diabetes Asso- sacrifice in service to his country. Prather died rubella, or German measles, ‘‘is no longer a ciation. when the CH–47 Chinook helicopter he was health threat in the United States.’’ This great With sound research showing the benefits of riding crashed during a sandstorm. The acci- accomplishment is worthy of note, and indeed preventive care for people with diabetes, now dent took place near Ghazni, Afghanistan on celebration. is the time to commission a large, authoritative April 6, 2005. Just 40 years ago, the United States had study on the issue. The results of this study Prather, 32 years old, was stationed in Af- come out of what we now believe will be the will serve as solid evidence to public and pri- ghanistan since February as a part of Oper- last epidemic of rubella in this country. The vate organizations of the need for preventive ation Enduring Freedom. Serving as a heli- 1964–1965 epidemic was estimated to have care to aid in the reduction of diabetes foot copter pilot, Prather was assigned to F Com- caused 12.5 million cases of rubella—includ- complications and will help foster technical pany, 5th Battalion, 159th Aviation Regiment, ing 20,000 cases of congenital rubella syn- and policy changes to healthcare programs. In Giebelstadt, Germany. drome (CRS), where children were born with addition, thousands of Americans who partici- Prather has served his country in the Army birth defects such as cataracts, heart defects, pate in this study will benefit from the edu- since 1992, joining just after graduating from hearing impairment, and developmental delay. cation and treatment provided by this grant Cheney High School. He previously had As a result, this epidemic was responsible for program. served as a medic before becoming a heli- more than 2,000 fetal deaths.

VerDate Aug 04 2004 02:58 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A20AP8.026 E21PT1 April 21, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E715 Unless a safe and effective vaccine was de- HONORING THE LIFE OF DETEC- HONORING THE CONTRIBUTIONS veloped quickly, the United States expected TIVE SERGEANT JAMES ALLEN OF DELIA MOLINA, JUAN SEGUIN another outbreak within the decade. In 1969, PRE-KINDERGARTEN TEACHER Merck developed the first vaccine for rubella, OF THE YEAR and millions of doses were distributed through HON. JAMES R. LANGEVIN our Nation’s strong vaccination programs. For- OF RHODE ISLAND HON. HENRY CUELLAR tunately, another epidemic never occurred, OF TEXAS and by the end of 1979 only 12,000 cases of IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES rubella were reported in the United States. Wednesday, April 20, 2005 According to the CDC, since 2001, the an- Wednesday, April 20, 2005 nual numbers of rubella cases have been the Mr. CUELLAR. Mr. Speaker, I rise to recog- Mr. LANGEVIN. Mr. Speaker, today I rise to lowest ever recorded in the United States: 23 nize the many accomplishments of Delia in 2001, 18 in 2002, seven in 2003, and nine honor the life of Detective Sergeant James Molina, Juan Seguin Pre-kindergarten Teacher in 2004. Outside the United States, approxi- Allen of Johnston, Rhode Island. After grad- of the Year. mately 100,000 cases of CRS are reported uating from the police academy in 1978, De- Delia Molina received a Bachelor of Science each year. In our global society, diseases do tective Sergeant Allen served on the force of and a Masters in Education from Southwest not stop at the border. Therefore, we must re- the Providence Police Department for 27 State University. She has taught in Austin, main vigilant, continue to invest in our vac- years, until he was tragically murdered in his San Marcos, and Seguin Texas; along with cination system, and do our part to address own police station while questioning a suspect her time spent teaching in Fort Knox Ken- tucky. Highly experienced in her field, Mrs. the remaining international challenge. on April 17, 2005. Our ability to protect our Nation’s health Molina has also served as Director of the from certain infectious diseases depends on a Detective Sergeant Allen was first and fore- Army Child Development Center in Germany. vibrant and innovative vaccine industry. As we most a family man, and he leaves behind his She has over 21 years of teaching experi- emerge from recent vaccine shortages and wife Marguerite and two teenage daughters, ence; her last eight years have been spent exits from the vaccine business, we are fortu- Jennifer and Caitlin. In addition to his work on teaching at Seguin Independent School Dis- nate that Merck, for example, has chosen to the police force, he held down a part-time job trict. Mrs. Molina currently works with our dis- build new vaccine production capacity in Dur- to help pay for his daughters’ tuition at private trict’s youngest students, teaching bilingual pre-kindergarten to our kids. Over the years ham, North Carolina. The continued dedication school. He was a fixture at St. Thomas Catho- and commitment of our vaccine manufacturers she has also served as a bilingual teacher su- lic Church in his Fruit Hill neighborhood, are essential if we are to make once-feared pervisor, counselor, and curriculum specialist. where he had regularly attended services diseases a thing of the past. I am proud to have had the chance to rec- since fourth grade. The Reverend Francis f ognize Juan Seguin Pre-kindergarten’s Teach- Kayatta said, ‘‘He was absolutely devoted to er of the Year, Delia Molina. Mrs. Molina has RECOGNIZING SEAN DAVID HUNT- God and to his Catholic faith. He was abso- spent her life in the service of our kids, and LEY FOR ACHIEVING THE RANK lutely devoted to his wife and his family. And her hard work has insured that our bilingual OF EAGLE SCOUT he was absolutely devoted to the community students receive the special attention that they that he gave his life for.’’ deserve. HON. SAM GRAVES f OF MISSOURI Detective Sergeant Allen followed his father IN THE HOUSE OF REPRESENTATIVES Captain Lloyd Allen to the Providence Police THE FINAL REPORT OF THE COM- MISSION ON THE INTELLIGENCE Wednesday, April 20, 2005 Department. One of the longest-serving mem- bers of the force, James was a respected and CAPABILITIES OF THE UNITED Mr. GRAVES. Mr. Speaker, I proudly pause well-liked member of the Department. Over STATES REGARDING WEAPONS to recognize Sean David Huntley of Platte OF MASS DESTRUCTION City, Missouri, a very special young man who the years, he had worked on some of the big- has exemplified the finest qualities of citizen- gest cases in Rhode Island. In 1987, Allen evacuated several sleeping people from a HON. MARK GREEN ship and leadership by taking an active part in OF WISCONSIN burning tenement house. He received the the Boy Scouts of America, Troop 351, and in IN THE HOUSE OF REPRESENTATIVES earning the most prestigious award of Eagle Chiefs Award in 1989 for outstanding acts in Wednesday, April 20, 2005 Scout. the line of duty. In 2003, Detective Sergeant Sean has been a part of Troop 351 for 5 Allen played a key role in investigating a Mr. GREEN of Wisconsin. Mr. Speaker and years, and during that time period he has shooting at the Mount Hope Police Station, not colleagues, over the past several years I have had the privilege and challenge of serving on served in a variety of leadership positions. He far from his own office at the Providence Po- has served his troop as Assistant Patrol Lead- both the House International Relations Sub- lice Station. His affable demeanor, photo- er, Patrol Leader, Scribe, and Librarian. Dur- committee on International Terrorism, Non- ing that time period, he earned 43 merit graphic memory, and attention to detail helped proliferation and Human Rights, and the badges and the God and Church Medal. In apprehend criminals and make Rhode Island a House Judiciary Committee on Crime, Ter- addition to the numerous leadership positions safer place to live. rorism and Homeland Security. and merit badges, Sean is a Brotherhood In America, one law enforcement officer is As a member of these panels, I have close- Member in the Order of the Arrow, a Warrior killed every 53 hours, and Rhode Island is not ly watched the work of the Commission on the in the Tribe of Mic-O-Say, and spent 5 years immune to this tragic statistic. Detective Ser- Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction. at the H. Roe Bartle Scout Reservation. Sean geant Allen is the ninth Rhode Island officer also participated in Junior Leader Basic Train- That is why I was very pleased to see the killed in the line of duty since 1952, and the ing, Snorkeling, and National Camping. Sean commission, chaired by former Senator Robb also has 46 service hours, 99 nights camping, fourth since 1994. and Judge Silberman, recently present its final and 78 miles hiking. He is truly an exemplary I would also like to take this opportunity to report. As someone who works daily to try and Scout. thank Michael Crugnale and his dispatcher for formulate the best policies to augment Amer- For his Eagle Scout project, Sean recon- Yellow Cab. Their quick thinking helped appre- ican security both at home and abroad, I have structed an outside prayer area for United hend the suspected murderer shortly after the found a number of the conclusions and rec- Methodist Church in Platte City, Missouri. shooting. ommendations contained in this sweeping re- Sean redesigned the fire pit, mulched the port to be of great interest. area, and then rebuilt the outside cross struc- My thoughts and prayers are with the family, Those who have seen the news coverage of ture. He also constructed a trail and steps as friends, and colleagues of Detective Sergeant this report are aware that it serves as a broad a path to the prayer area. Allen. Over the last quarter century, Detective analysis of the intelligence leading up to the Mr. Speaker, I proudly ask you to join me in Sergeant James Allen made a difference while war in Iraq. But those who have fully read the commending Sean David Huntley for his ac- protecting the people of Providence, and his report know that it puts forth a helpful and complishments with the Boy Scouts of Amer- absence will leave a large void in Rhode Is- needed blueprint for the continued reshaping ica and for his efforts put forth in achieving the land. of our intelligence community to meet the re- highest distinction of Eagle Scout. quirements of the 21st Century.

VerDate Aug 04 2004 02:58 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A20AP8.031 E21PT1 E716 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2005 In particular, I’d like today to briefly discuss further advances the importance of under- HONORING THE LATE FRED one of the most crucial areas of the commis- taking counterintelligence as a strategic ven- TOYOSABURO KOREMATSU sion’s report, and one that has a substantial ture—a venture that ought to be incorporated relationship to the work I’ve done on both of into our overall national security policy just as HON. DORIS O. MATSUI the committees I mentioned earlier—counter- is any other substantial instrument of national OF CALIFORNIA intelligence. power. IN THE HOUSE OF REPRESENTATIVES The commission report lays out, quite frank- In the context of this discussion of strategic Wednesday, April 20, 2005 ly, a rather bleak picture of U.S. counterintel- counterintelligence, I am especially encour- Ms. MATSUI. Mr. Speaker, today I rise to ligence over the past decade. To quote the re- aged to see a new commitment by senior U.S. honor the late Fred Toyosaburo Korematsu, a port, ‘‘. . . since the Cold War . . . while our policymakers to shift our counterintelligence enemies are executing what amounts to a man who through quiet determination and an efforts away from the ‘‘defensive’’ activities of unwavering belief in justice became one of the global intelligence war against the United the past to a more robust, ‘‘offensive’’ endeav- States, we have failed to meet the challenge. icons of the American Civil Rights movement or as we look toward the future. From our of the 20th Century. As we reflect on Mr. U.S. counterintelligence efforts have remained many successes in the War on Terrorism, we fractured, myopic, and only marginally effec- Korematsu’s remarkable life and his wonderful have learned that an offensive approach—tak- legacy, I ask all of my colleagues to join me tive.’’ The report states that these cir- ing the battle to our enemies before they can cumstances have produced ‘‘a cycle of defeat in saluting this true American hero. bring it to us—is essential to success. Each of The son of Japanese immigrants, Fred that cannot be indefinitely sustained.’’ the commission’s recommendations serve the Toyosaburo Korematsu was born in Oakland, Thankfully, the report suggests a number of achievement of that goal. California on January 30th, 1919. After grad- what I believe are good, solid recommenda- Mr. Speaker, it’s my hope that the report of uating from high school, Fred went to work as tions for working our way out of this counter- the Commission on the Intelligence Capabili- a welder, a job that Fred would keep until war intelligence ‘‘wilderness.’’ Like the other ties of the United States Regarding Weapons broke out between the United States and changes that are already slated to take place of Mass Destruction will not only assist in re- Japan. In February of 1942, 120,000 residents throughout the intelligence community, these shaping our future overall intelligence struc- of Japanese ancestry, including American citi- reforms will not be easy. But I agree with the ture, but will also further enable the realization zens, were ordered out of their homes and commission members in their conclusion that of many reforms that are already underway in into camps following Japan’s attack on Pearl systemic changes are required to prevent the our counterintelligence community. I look for- Harbor. Fred, at the age of 22, watched as his kind of counterintelligence failures we’ve seen ward to working with President Bush and my parents vacated their home, but he decided to in the past—failures that I fear in the future colleagues in this body to fully consider these defy the order and remain behind because he could have even more devastating con- changes and help make them a reality. felt it was wrong for innocent and loyal citizens sequences. to be rounded up at once. The commission recommends that: f In May of 1942, Fred was stopped by police ‘‘The National Counterintelligence Executive and charged with violating the military’s exclu- (NCIX)—the statutory head of the U.S. coun- RECOGNIZING MATTHEW KUEHL sion order. Fred was ultimately turned over to terintelligence community—become the DNI’s FOR ACHIEVING THE RANK OF the FBI, and convicted and jailed for failure to Mission Manager for counterintelligence, pro- EAGLE SCOUT report for evacuation. During his imprison- viding strategic direction for the full breadth of ment, Fred was visited by Ernest Besig, the counterintelligence activities across the gov- Executive Director of the American Civil Lib- ernment. In this role, the NCIX should also HON. SAM GRAVES erties Union of Northern California at the time. focus on increasing technical counterintel- OF MISSOURI Mr. Besig, who was seeking for cases to test ligence efforts across the Intelligence Commu- IN THE HOUSE OF REPRESENTATIVES the constitutionality of the internment, posted nity;’’ $5,000 in bail to free Fred, but the military po- Wednesday, April 20, 2005 ‘‘The CIA create a new capability dedicated lice would not oblige. Fred was eventually to conducting a full range of counterintel- Mr. GRAVES. Mr. Speaker, I proudly pause transferred to a camp in Topaz, Utah, where ligence activities outside the United States;’’ to recognize Matthew Kuehl of Platte City, he was generally ostracized by his fellow in- ‘‘The Department of Defense’s Counterintel- Missouri, a very special young man who has mates for having attempted to dodge intern- ligence Field Activity assume operational and exemplified the finest qualities of citizenship ment. investigative authority to coordinate and con- and leadership by taking an active part in the Fred’s case against the government’s intern- duct counterintelligence activities throughout Boy Scouts of America, Troop 351, and in ment of Japanese Americans was ultimately the Defense Department;’’ and earning the most prestigious award of Eagle heard and struck down by the Supreme Court. ‘‘The FBI create a National Security Service Scout. Justice Frank Murphy, one of three dissenting that includes the Bureau’s Counterintelligence Justices, called the internment order ‘‘legaliza- Division, Counterterrorism Division, and the Matt has been very active with his troop, participating in many Scout activities. During tion of racism.’’ Fred tried his best to lead a Directorate of Intelligence. A single Executive normal life as he worked as a welder in Salt Assistant Director would lead the service sub- the 4 years Matt has been involved with Scouting, he has worked his way through the Lake City toward the end of the war. ject to the coordination and budget authorities At the end of the internment in 1944, Fred ranks and earned 30 merit badges. Matt has of the DNI.’’ returned to the San Francisco Bay Area, held a variety of leadership positions within his Each of these changes can play an impor- where he and his wife, Kathryn, raised a troop, serving as Librarian, Quartermaster, tant role in repairing and enhancing our cur- daughter, Karen, and a son, Ken. Fred had a and Scribe. Matt is also a Brotherhood Mem- rent counterintelligence structure and capabili- long career as a draftsman, but he could not ber in the Order of the Arrow, a Warrior in the ties. But I feel the first recommendation—re- get a job at a larger firm or government agen- lated to empowered, centralized, strategic Tribe of Mic-O-Say, and attended H. Roe cy because of his prior felony conviction. leadership in the counterintelligence commu- Bartle Scout Reservation for four years. Matt Legal historian and author Peter H. Irons nity—is particularly important, and worthy of participated in Junior Leader Basic training discovered the government had lied to the additional comment. and World Conservation, has 101 service high court while researching a book on war- As the rest of the intelligence community as hours, spent 53 nights camping, and 26 miles time internment in the early 1980s. This dis- a whole begins to adjust to the new structure hiking. He is truly an exemplary Scout. covery caught the attention of civil rights attor- we’ve all read and heard so much about, it’s For his Eagle Scout project, Matt purchased ney Dale Minami. Mr. Minami, along with a important to note that some considerable and planted three trees at the Platte County team of dedicated attorneys, petitioned the progress has already been made in working to Fairgrounds in Platte City, Missouri, mulched U.S. Circuit Court in San Francisco to correct centralize leadership and stimulate change and tied the trees for wind resistance, and wa- the error that was made before the court, within the microcosm of the counterintelligence tered the trees for 4 months to ensure proper which was that government prosecutors sup- community. growth. pressed, altered and destroyed material evi- Last month, President Bush approved the Mr. Speaker, I proudly ask you to join me in dence during its prosecution of the original first National Counterintelligence Strategy of commending Matthew Kuehl for his accom- case. After an arduous 21⁄2-year process, the the United States—a document that sets forth plishments with the Boy Scouts of America 9th U.S. Circuit Court of Appeals vacated a clear and unified direction for our nation’s and for his efforts put forth in achieving the Fred’s original and wrongful conviction on No- counterintelligence activities. This document highest distinction of Eagle Scout. vember 10, 1983.

VerDate Aug 04 2004 02:58 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A20AP8.035 E21PT1 April 21, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E717 In January of 1998, Fred Korematsu was Ms. Zagaroli’s work exposing insufficient My legislation is based on a successful awarded a Presidential Medal of Freedom, the training and safety for Army drivers is another model, the Qualified Academy Bond (QZAB) nation’s highest civilian honor, by President fine example of her investigative journalism program enacted in 1997. A California local Bill Clinton. During the presentation, President talents. Her stories in this series uncovered school official described that program as a Clinton said that the name Korematsu can be shortcomings in the Army that might have oth- ‘‘local school district’s dream’’ after having rightfully added to the list of Plessy, Brown, erwise gone unnoticed in the public, and her successfully participated in a bond offering and Ferguson as the greatest civil rights pio- efforts deserve recognition. subsidized under that program. U.S. Education neers in our Nation’s history. Ms. Zagaroli has been recognized for her Secretary Rodney Page endorsed a similar Mr. Speaker, I am honored to pay tribute to excellent work before; this is Lisa’s second proposal in 1999 when he was Superintendent Fred Korematsu. Fred Korematsu is the epit- award from the Society of Professional Jour- of the Houston schools. In a statement sub- ome of a true patriot; someone who is not nalists. Last year, she was recognized for a mitted to the Committee on Ways and Means, afraid to stand up for what is right and just. Al- series of stories, ‘‘Unsafe Saviors,’’ co-written he said that school modernization bonds ‘‘rep- though he is no longer with us, his legacy will with April Taylor, revealing poor ambulance resent the approach to Federal aid that will continue to live on for generations to come. I design and regulation. have a truly consequential impact on meeting ask all of my colleagues to join me in thanking Ms. Zagaroli, originally from Michigan and the infrastructure needs of Houston and other Fred Korematsu for his steadfast commitment known to be a dedicated Spartan fan, has large urban high poverty districts.’’ to civil rights and justice. been with the Detroit News for ten years and Mr. Speaker, America’s future can only f has covered the Michigan Congressional Dele- prosper with the proper education of our chil- gation extensively. The daughter of first gen- dren, and our children cannot receive such HONORING THE CONTRIBUTIONS eration Italian immigrants, Lisa frequently trav- OF WANDA KOLLAUS, education with our public schools in a dilapi- els to Rome and is currently on assignment dated state. Modernizing our schools is an in- KOENNECKE ELEMENTARY covering the election of the new pope. She is SCHOOL TEACHER OF THE YEAR vestment in our future, and should be a main, a talented journalist and deserves this honor. bipartisan priority in the 109th Congress. Mr. Speaker, I ask that all of my colleagues Attached is a brief description of the bill and HON. HENRY CUELLAR join me in commending Lisa Zagaroli for her a table showing how the funds will be allo- OF TEXAS superb series ‘‘Military Menace: Deadly Vehi- cated among the States. IN THE HOUSE OF REPRESENTATIVES cles’’ and recognizing her for the award she is SUMMARY Wednesday, April 20, 2005 to receive. f The bill would subsidize $25.2 billion in Mr. CUELLAR. Mr. Speaker, I rise to recog- zero-interest school modernization bonds. nize the many accomplishments of Ms. Wanda INTEREST FREE FUNDS FOR The federal government would provide tax Kollaus, Elementary School Teacher of the PUBLIC SCHOOL CONSTRUCTION credits for the interest normally paid on a Year. bond. Funds that would have gone to pay Ms. Kollaus has seventeen years of teach- HON. CHARLES B. RANGEL bond interest would be freed for other edu- cation needs. For each $1000 of school bonds, ing experience. Twelve years of her career OF NEW YORK the net benefit of the program to State or were spent with the Seguin Independent IN THE HOUSE OF REPRESENTATIVES School District. She is a proud graduate of local school districts would be approxi- Wednesday, April 20, 2005 mately $500. Seguin High School, and now gives back to the district that has given her so much. Mr. RANGEL. Mr. Speaker, today I am intro- Funding: The bill divides the inter- Ms. Kollaus has a Bachelor’s degree in Ele- ducing legislation that would provide $25.2 bil- est-free funds for public school con- mentary Education from Southwest Texas lion in interest-free funds over the next two struction and modernization as follows: State University, with a specialization in years for public school construction and mod- (1) $22 billion over two years for zero-inter- Science. She wants her students to ‘‘get into ernization projects. est school modernization bonds ($11 billion in science,’’ and works on a daily basis to de- Currently, our public school system has ex- both 2006 and 2007). The bill would allocate 60 percent of the $22 billion in bonds to states velop their skills and enthusiasm. traordinary unmet needs for funds to construct and modernize schools. Consider the following based on school-age population. The State She believes strongly that learning ought to education agency has the authority to allo- continue outside the classroom, as well. She facts: cate the State’s share among the school dis- especially enjoys involving her students in the (1) The average age of a public school in tricts in the State with no restrictions as to Seguin Outdoor Learning Center, and pro- the United States is 42 years. what schools can qualify. The remaining 40 viding hands-on learning opportunities through (2) One-third of all public schools in the percent of these bonds would be directly allo- the Environmental Science Academies. In ad- United States are in need of extensive repair cated to the 125 school districts with the dition, she often stays after school to work or replacement. largest number of low-income students based with students on special projects, to ensure (3) Three and a half million students attend on ESEA Title I funding (poverty-based dis- tribution). that they each reach their potential and leave schools that need major repair or replacement. (4) According to a recent report from the (2) $400 million in school modernization school with a highly developed love for and bonds for Bureau of Indian Affairs (BIA) understanding of science. National Education Association, it will cost $332 billion to bring the existing public schools schools. Ms. Kollaus is one of our state’s most en- (3) $2.8 billion for expansion of the existing thusiastic educators, and her efforts are a into overall good condition. Billions more will be required to construct new schools to meet Qualified Zone Academy Bond program credit to Seguin and to our state. I am proud (QZAB). This amount is allocated among the to have the opportunity to recognize her here expanding student enrollments. States based upon the number of poor stu- President Bush’s education program places today. dents. The State education agency has the strong emphasis on raising standards in Amer- f authority to allocate the State’s share ica’s classrooms, but does not provide prom- among the school districts in the State; ex- TRIBUTE TO LISA ZAGAROLI ised Federal help for the cost of additional cept that amount may be allocated only to testing and services required to reach that schools with at least 35% poor students— goal. His program also ignores the fact that those schools located in Empowerment HON. JOHN D. DINGELL Zones, Enterprise Communities or which OF MICHIGAN school facilities are an important part of raising student performance. Inferior facilities make have at least 35 percent of their students eli- IN THE HOUSE OF REPRESENTATIVES gible for free or reduced price school lunch. teaching more difficult. They also send a clear Wednesday, April 20, 2005 Federal Role: The federal government message to the students that this nation does would provide a tax credit to the bond pur- Mr. DINGELL. Mr. Speaker, I rise today to not value their education. The President’s pro- chaser equal to the interest that would oth- pay tribute to Lisa Zagaroli, a correspondent gram seems to be designed to fail. erwise be paid on a school construction bond. with the Detroit News Washington bureau, for My legislation will provide funds for school No new federal bureaucracy would be cre- winning the Sigma Delta Chi Award from the modernization projects through a federal tax ated. Society of Professional Journalists for excel- credit. The tax credit will, in effect, pay the in- Cost: The five-year cost to the Federal gov- lence in journalism. Ms. Zagaroli is being rec- terest on $25.2 billion of school modernization ernment is approximately $1.7 billion and the ognized for her work on ‘‘Military Menace: bonds. All decisions relating to how those ten-year cost is approximately $6.8 billion. Deadly Vehicles,’’ a series of stories on the funds would be used would continue to be The following table shows the esti- hazards of military vehicles. made at the local level. mated allocations under the bill.

VerDate Aug 04 2004 02:58 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A20AP8.039 E21PT1 E718 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2005 ESTIMATED STATE BOND ALLOCATIONS have a large staff, but I did have a large Sen- parallels his strong sense of giving back to the Alabama ...... $354,922 ate district, and Ginger was instrumental in community. Though awards and accolades do Alaska ...... 53,398 helping me reach out to all of the voters not impress him, Mr. Pucher’s outstanding vol- Arizona ...... 337,448 Arkansas ...... 183,516 across a vast geographic area. She also unteer work has not gone unnoticed. In 1991, California ...... 3,109,598 served as my Finance Director, and ever since he was honored with the Greater Cleveland Colorado ...... 296,358 she has been charged with maintaining our of- Football Coaches Association Golden Deeds Connecticut ...... 292,085 fice finances. Award. In 1994, Mr. Pucher was honored as Delaware ...... 49,070 I also must thank her for her service to my the Greater Cleveland United Way Volunteer District of Columbia ...... 88,904 Florida ...... 1,188,467 brother Todd. In 2000, Todd ran for state of the Year Award. To this day, Mr. Pucher Georgia ...... 654,051 treasurer, and Ginger volunteered for him in and his mother-in-law, who is 93 years young, Hawaii ...... 77,438 her spare time. During the rest of her time, distribute donated food to a local food pantry. Idaho ...... 93,409 she was busy working at my office in the Mis- Mr. Speaker, please join me in honor and Illinois ...... 1,221,868 souri State Senate. recognition of my dear friend and mentor, Mr. Indiana ...... 459,436 Later on in 2000, Ginger became the very Iowa ...... 196,453 Peter Pucher. His dedicated service as teach- Kansas ...... 196,866 first employee of Graves for Congress after I er, coach and activist, focused on our youth Kentucky ...... 295,249 filed for election to this seat. In addition to her and those in great need, has brought hope Louisiana ...... 473,051 recurring role as Finance Director, she han- and possibility to many within our community. Maine ...... 84,355 dled all of my scheduling, and brought to this Maryland ...... 395,270 His kindness and concern has made a monu- Massachusetts ...... 467,254 race the same goal oriented attitude that led mental difference in the hearts and lives of Michigan ...... 1,006,867 me to hire her in the first place. countless students, colleagues and family Minnesota ...... 378,952 Thanks to her hard work, I was elected to members, and his work continues to strength- Mississippi ...... 237,537 this House in November of 2000, and in Janu- en our community and alight our humanity. Missouri ...... 452,673 ary of 2001 when I became a Member of the Montana ...... 65,077 Nebraska ...... 131,275 107th Congress, Ginger joined my official staff f Nevada ...... 92,951 as a legislative assistant. Over the years Gin- New Hampshire ...... 80,802. ger has handled just about every issue in my RECOGNIZING THE 100TH ANNIVER- New Jersey ...... 660,175 office, and is known particularly for her exper- SARY OF THE FLORIDA INSTI- New Mexico ...... 157,627 tise on agriculture, appropriations, the Missouri TUTE OF CERTIFIED PUBLIC AC- New York ...... 2,476,435 COUNTANTS North Carolina ...... 488,119 River, and crime. At the start of the 108th North Dakota ...... 46,596 Congress, I promoted her to the position of Ohio ...... 1,019,626 Senior Policy Advisor, and in 2004 she re- HON. JEFF MILLER Oklahoma ...... 277,839 turned to Missouri to become my Deputy Chief OF FLORIDA Oregon ...... 235,626 Pennsylvania ...... 1,044,126 of Staff. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I proudly ask you to join me in Puerto Rico ...... 378,751 Wednesday, April 20, 2005 Rhode Island ...... 90,648 commending Ginger Langemeier for her dedi- South Carolina ...... 284,932 cation to myself and my constituents. While I Mr. MILLER of Florida. Mr. Speaker, on be- South Dakota ...... 56,180 am sorry to see her go, I know she will be a half of the United States Congress, it is an Tennessee ...... 421,577 honor for me to rise today to recognize the Texas ...... 1,998,390 tremendous asset to my distinguished col- Utah ...... 175,947 league Mr. FORTENBERRY and the citizens of 100th Anniversary of the Florida Institute of Vermont ...... 42,022 Nebraska’s First District. Certified Public Accountants. Virginia ...... 422,902 f There is little doubt that, without certified Washington ...... 402,308 public accountants, the area of financial re- West Virginia ...... 123,951 IN HONOR OF PETER PUCHER, porting would be a quagmire. Financial state- Wisconsin ...... 491,648 ‘‘LATIN MAN OF THE YEAR’’ Wyoming ...... 38,712 ments would be meaningless as everyone Outlying Areas ...... 51,263 would strive to show favorable results without BIA Schools ...... 400,000 HON. DENNIS J. KUCINICH worrying much about honesty or accuracy. For OF OHIO these reasons, I am grateful that the Florida Total ...... 25,200,000 IN THE HOUSE OF REPRESENTATIVES Institute of Certified Public Accountants has f Wednesday, April 20, 2005 worked diligently over the past 100 years to RECOGNIZING GINGER Mr. KUCINICH. Mr. Speaker, I rise today in work with CPAs throughout my state and en- LANGEMEIER honor and recognition of Mr. Peter Pucher, sure that the profession of public accounting who has been recently honored as the ‘‘Latin remains safe and stable for 100 years more. Man of the Year, by the Cathedral Latin High The FICPA has been instrumental in bring- HON. SAM GRAVES ing the first accountancy law to my home state OF MISSOURI School Alumni Association. A life-long Clevelander, Mr. Pucher grad- of Florida 100 years ago, and since then has IN THE HOUSE OF REPRESENTATIVES uated from Cathedral Latin High School in worked diligently to bring the highest sense of Wednesday, April 20, 2005 1955. His diligence reflected in his studies and professionalism to all areas of accounting. The Mr. GRAVES. Mr. Speaker, I proudly pause athletic performance. Mr. Pucher’s time as Institute has also been a key supporter of leg- to recognize Ginger Langemeier, a longtime quarterback of the ’53 and ’54 Cathedral Latin islation to require an ethics course for all Cer- member of my staff who will be leaving my of- football team is still considered as the finest in tified Public Accountants in addition to working fice to work for my distinguished colleague the history of the school. After receiving his closely with universities to provide aspiring from Nebraska, the Honorable JEFF Bachelor’s degree in education from John Car- CPAs the skills and education they will need FORTENBERRY who represents Ginger’s home roll University, Mr. Pucher embarked on a life- to succeed, even going so far as to establish district. I must confess that my distinguished long journey that continues to focus on family, a foundation. Thanks to the FICPA, CPAs in colleague Mr. Fortenberry was not the first Ne- community and helping others in need. the state of Florida also are required by law to braskan that I had to compete with over Gin- Mr. Pucher taught at his alma mater for take continuing education courses, further en- ger, as she’s always been a big fan of the dis- three years, then taught for two years at St. suring that citizens receive high-quality ac- tinguished gentleman from Nebraska’s Third John Cantius High School. During his six-year counting services from well educated profes- District, the Honorable TOM OSBORNE. tenure as teacher at Holy Name High School, sionals. Ginger began her political career as an in- he also served as the school’s athletic director The FICPA has not only focused on helping tern on my 1998 Missouri State Senate cam- and head football coach. Throughout his pro- qualified accountants, but has also worked paign, and leaves my office after rising fession, he guided his students and his play- hard to prevent unqualified accountants from through the ranks to become my Deputy Chief ers with heart, concern and unwavering dedi- providing low-quality, unethical services to the of Staff. In between she has served in a vari- cation. The players and the team flourished citizens of Florida through an unlicensed ac- ety of different positions, and as always, I am under his leadership, and his commitment did counting awareness campaign. Steps such as grateful for her commitment and service. not go unnoticed. In 1970, Mr. Pucher was this have helped guarantee that CPAs in Flor- My 1998 state Senate campaign was quite named the West Senate Coach of the Year. ida will provide the quality service that the an introduction to politics for Ginger. I did not Mr. Pucher’s dedication to guiding our youth public deserves, and that Floridians can rest

VerDate Aug 04 2004 03:38 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A20AP8.045 E21PT1 April 21, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E719 assured that their financial reporting will be of leagues to join me in keeping her family—and EQUAL PAY DAY the caliber they are entitled to. her many fans—in our thoughts and prayers at With the continued help of their Chief Exec- this difficult time. HON. BETTY McCOLLUM utive Officer Buddy Turman, I am confident OF MINNESOTA that the FICP A will continue to build upon its f IN THE HOUSE OF REPRESENTATIVES legacy from the last 100 years and allow the profession of accounting to maintain its promi- IN HONOR OF THE CITY OF Wednesday, April 20, 2005 nent role in our society. Mr. Speaker, on be- HOBOKEN, NEW JERSEY Ms. MCCOLLUM of Minnesota. Mr. Speak- half of the United States Congress, I am proud er, I rise today in recognition of working to recognize the 100th Anniversary of the Flor- HON. ROBERT MENENDEZ women across America and in support of the ida Institute of Certified Public Accountants. OF NEW JERSEY Paycheck Fairness Act. Every April, supporters of equal pay mark f IN THE HOUSE OF REPRESENTATIVES our progress on this issue by noting the time REGARDING: TEJANO SINGER Wednesday, April 20, 2005 of year in which women’s wages ‘‘catch up’’ to LAURA CANALES Mr. MENENDEZ. Mr. Speaker, I rise today the wages paid to men from the previous year. to honor the city of Hoboken, New Jersey, on Although we have made great strides in wom- HON. SOLOMON P. ORTIZ its sesquicentennial celebration. The people of en’s equality, women still earn $.76 for each OF TEXAS Hoboken will be commemorating this event dollar that men earn. In my home state of Min- IN THE HOUSE OF REPRESENTATIVES with a series of activities throughout the spring nesota, that number is $.72. In real terms, this Wednesday, April 20, 2005 and summer. Last weekend, the community means that women and their families are held its 150th Anniversary Parade on April 16, being shortchanged thousands of dollars a Mr. ORTIZ. Mr. Speaker, I join my fellow year. Texans—and many around the Southwest and 2005. Located on the shore of the Hudson River, Minnesota women have the highest labor the nation in paying special tribute to Laura force participation in the nation and edu- Canales, a very special artistic pioneer, and a Hoboken is known for its lively atmosphere and rich history. The area was developed al- cational attainment continues to grow. With talented South Texan, who accomplished this remarkable increase in women’s participa- great things throughout her lifetime of per- most single-handedly by Colonel John Ste- vens, who bought the land for $90,000 in tion in the economy, more and more families forming. are reliant on women’s paychecks to make Before there was the phenomenon of 1784. On March 28, 1855, it was incorporated as a city. The late nineteenth century brought ends meet. If we are serious about ensuring Tejano giant Selena, there was Laura fairness for all, about leaving no child behind, Canales, who paved the way for a number of a sharp increase in immigration due to Hobo- ken’s proximity to Ellis Island and, by 1890, and about helping families achieve financial Tejano artists in the late 20th Century. She stability now and in the future, then Congress contributed much to our culture and to the over 40 percent of the population was foreign- born. Hoboken developed and grew as a man- must act to address this significant wage gap. music industry, and became known as the For this reason, I am proud to be a cospon- ufacturing hub with shipbuilding as the primary ‘‘Barbara Streisand of Tejano music’’ and as sor of the Paycheck Fairness Act. This bill will industry. The 20th century also brought the ‘‘Reina de la Onda Tejana,’’ (queen of the take concrete steps to eliminate gender-based development of public transportation and the Tejano wave). wage discrimination. It will provide for en- railroads, ferries, and Port Authority Trans- Tejano is a popular type of music in Texas hanced outreach and training programs for Hudson, PATH, Tube that transformed Hobo- and the Southwest that has become a huge employers, allow employees to share salary ken into a bustling transportation center. The industry with its own category in the Grammy information, and give women the opportunity city piers soon became a focal point for trans- Awards. Tejano is a combination of rock-n-roll to sue for punitive damages under the Equal Atlantic commerce. More than three million and German Conjunto music. Some of the cul- Pay Act. It is my hope that the Administration Americans passed through Hoboken on their tural influences on Tejano music include: and the Republican leadership will make a se- way to or from World War I. In the past few Anglo, African, German, and Italian. rious effort to address this discrimination this decades the shipyards have closed as Hobo- Tejano was originally dominated by male Congress. ken has transformed from an industrial area performers and it was nearly impossible for Along with wage disparity, we must continue into an affluent neighborhood full of young women to break through in this genre. Laura to focus on issues of work place safety, equal professionals and known for its variety of res- Canales, with her unique voice and love of treatment, and career advancement. As a taurants and vibrant nightlife. performing, became the first woman to enjoy woman, a mother, and a Member of Con- The birthplace of Frank Sinatra, Hoboken real success in the world of Tejano, and was gress, I will continue to fight for equal pay, also claims such famous citizens as photog- honored as the first woman to be inducted into quality health care, safe work environments, rapher Dorothea Lange and painter Willem de the Tejano ROOTS Hall of Fame in Alice, and education opportunities for girls and Kooning. Additionally, it boasts many notable Texas. This museum is the only one that is women to ensure that they can pursue the firsts, including the first ice cream cone, the entirely dedicated in honoring great Tejano American dream. first steamboat, the first locomotive, and the music figures. f Laura’s influence on Tejano music became first brewery. Many also believe that the first readily apparent during the 1970’s and 1980’s. organized baseball game was played on Ho- RECOGNIZING EDWARD A. With her distinctive voice and popularity, she boken’s Elysian Fields in 1846. MITCHELL released various albums that became hits, in- In order to commemorate its momentous cluding her debut album, Si Vivi Contigo. Her sesquicentennial birthday, Hoboken has HON. DALE E. KILDEE numerous accomplishments include a dozen planned a wide variety of celebrations that will OF MICHIGAN serve to honor the progress and development Tejano music awards, including Female Vocal- IN THE HOUSE OF REPRESENTATIVES ist of the Year, Female Artist of the Year, and of the past 150 years. Some of these activities Female Entertainer of the Year. This include the creation of a time capsule, the Wednesday, April 20, 2005 Kingsville, Texas, native also understood the painting of a historical mural, an anniversary Mr. KILDEE. Mr. Speaker, I am pleased to value of education, earning a bachelor’s de- gala and fundraiser, an evening concert se- rise before you today to honor Edward A. gree in clinical psychology from Texas A&M ries, and a spaghetti dinner block party. Hobo- Mitchell, of Flint, Michigan, my hometown. On University and pursuing a master’s degree. ken will also host a vintage baseball festival Wednesday, April 20, the Food Bank of East- Laura Canales proved that a woman could and an arts and music festival. ern Michigan will honor Mr. Mitchell’s selfless be successful in the Tejano music industry Today, I ask my colleagues to join me in contributions and dedication to improving the . . . she broke the gender barriers that ex- honoring the city of Hoboken on its 150th an- quality of life for thousands of residents of isted at the dawn of the emergence of popular niversary. This momentous occasion allows us Genesee County. Tejano . . . and she and paved the way for to reflect on the city’s colorful past and look A native of Flint, Edward Mitchell graduated future, female Tejano performers. towards its promising future with hope and en- from Central High School in 1947, and later This Tejano legend and daughter of South thusiasm. I am proud to be a resident of this studied at Flint Junior College. At the age of Texas will truly be missed, although she will community, and I congratulate the people of 18, Ed began what became a 50-year career live on in her music, to be enjoyed by many Hoboken on making this city a wonderful place with the Flint Journal, starting out as an Ad future connoisseurs of Tejano. I ask my col- to call home. Services employee. A year later, he became

VerDate Aug 04 2004 02:58 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A20AP8.050 E21PT1 E720 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2005 an Outside Sales Representative, and in 1958, STATEMENT IN HONOR OF MARLA Labor Person of the Year Award, sponsored he was promoted to Assistant Classified Ad- RUZICKA by the AFL–CIO, at the annual Labor Awards vertising Manager. On April 9, 1984, Ed be- Breakfast on Sunday, April 17, 2005. came Advertising Director for the Journal, and HON. NANCY PELOSI For 25 years, Mrs. Smith has been a mem- ultimately became Assistant to the Publisher, OF CALIFORNIA ber of the Communication Workers of America a position he held until his retirement. IN THE HOUSE OF REPRESENTATIVES (CWA) Local Union 1082. During that time, In addition to his tenure at the Flint Journal, she has demonstrated strong leadership skills Wednesday, April 20, 2005 Ed became a tireless advocate for civic pride as president of the Local 1082 for the past and responsibility. He has been a vital part of Ms. PELOSI. Mr. Speaker, I rise to pay trib- eight years and as an elected member of the more than 26 community organizations, includ- ute to Marla Ruzicka who was tragically killed executive board for ten years. Mrs. Smith is ing Big Brothers/Big Sisters and the United on Saturday in Iraq at the age of 28. Marla’s known by her fellow Local 1082 members for Way of Genesee County, among many others. courageous work on behalf of civilian victims her willingness to volunteer her time and help He served on the Boards of such groups as of war demonstrated the compassion of the in whatever capacity necessary to support the Goodwill Industries and the Lions Club, and as American people and extended a hand in union, and her perseverance and self-sacrifice Chair of four organizations including the Cen- friendship to the people of Iraq and Afghani- cannot be measured. ter City Club and the Food Bank of Eastern stan. Marla gave so much of herself in her When she is not involved with the Local Michigan. short life; it grieves us to think how much 1082, she is serving as vice-president of the A member of the Food Bank’s Board of Di- more she had to give. She devoted her life to Middlesex County AFL–CIO Labor Council rectors since 1991 and its Executive Com- making the lives lost count. Marla’s death is a and as a labor representative to the Middlesex mittee since 1995, Ed has also acted as loss to the world. County Workforce Investment Board. Addition- Nominating Chair from 1995–1997, and Ms. Ruzicka was born in Lakeport, Calif. ally, she is a committee person for the Frank- served on the Food Bank’s Presidential and came to San Francisco at the age of 17 lin Township Democratic Organization. Search Committee in 1994. Ed was elected to start her career at Global Exchange. During Apart from her involvement with labor and Board Chairman in 1998, the position he holds her time with Global Exchange, she worked community groups, Mrs. Smith has worked for to this day. During his time on the Board, the with African AIDS victims, Palestinian refu- 25 years at the Middlesex County Board of Food Bank has grown from distributing 2.6 gees, and Nicaraguan campesinos. When her Social Services. A graduate of Somerset million pounds of food in 1991 to 15.2 million work took her to Afghanistan during the war to County Vocational & Technical High School, pounds in 2004, providing emergency food remove the Taliban, she came face to face she has also studied at the George Meany services to more than 110,000 Genesee with the human costs of the conflict and dedi- Center for Labor Studies and Rutgers Univer- County residents, half of who are under the cated the remainder of her life to aiding the ci- sity. She is the mother of three sons and lives age of 17 or over the age of 65. Under Ed’s vilian victims of war. in Somerset. leadership, the Food Bank has received sev- Two years ago, Ms. Ruzicka founded the Today, I ask my colleagues to join me in eral awards, and has been a national model Campaign for Innocent Victims in Conflict. honoring Linda Smith for her active participa- for similar programs. In 2002, America’s Sec- With little staff and scarce funding, she suc- tion in the CWA and her exemplary service to ond Harvest recognized the Food Bank of cessfully lobbied Congress for $2.5 million to her fellow union members throughout the Eastern Michigan as the nation’s best. help Afghan war victims. The fund has since years. Mr. Speaker, it is with a tremendous amount grown to $7.5 million, and she has secured f of gratitude that I appear before you today to $10 million for Iraqi victims. Ms. Ruzicka worked not just in Washington, INTORDUCTION OF THE SOCIAL recognize my colleague, my constituent, and SECURITY NUMBER PRIVACY my friend, Edward Mitchell. For over 45 years, but on the literal frontlines of the conflicts. In Iraq, she was the leader of more than 150 vol- AND IDENTITY THEFT PREVEN- he has diligently worked to promote, protect, TION ACT OF 2005 defend, and enhance human dignity, and he unteers who went door-to-door to compile a exemplifies the very best of what our society list of civilian casualties to determine the civil- has to offer. I would also like to recognize ian cost of the war. She was a fierce advocate HON. E. CLAY SHAW, JR. Ed’s wife Valia, their three daughters, and for the victims’ families, serving as the point of OF FLORIDA their seven grandchildren, and I ask my col- contact between affected Iraqi civilians and IN THE HOUSE OF REPRESENTATIVES leagues in the 109th Congress to join me in the U.S.-led forces. Ms. Ruzicka helped direct Wednesday, April 20, 2005 aid where it was most needed, and she wishing them all the best of luck in all their fu- Mr. SHAW. Mr. Speaker, the use of Social ture endeavors. helped many Iraqi families begin to pick up the pieces of their shattered lives. Security numbers is rampant. When Social Security numbers were created in 1936, their f On April 16, Ms. Ruzicka was on her way to visit another Iraqi family devastated by the only purpose was to track a worker’s earnings PERSONAL EXPLANATION conflict when a suicide bomber attacked a so that Social Security benefits could be cal- nearby U.S. convoy. She died in the blast. culated. But today, we literally have a culture Mr. Speaker, Marla Ruzicka reminded us of of dependence on Social Security numbers. HON. PATRICK J. KENNEDY the immense scale of human suffering that Businesses and governments use the num- OF RHODE ISLAND war brings. She gave her time, her energy, ber as the primary way of identifying individ- IN THE HOUSE OF REPRESENTATIVES and ultimately her life to help ease the suf- uals. All of us know how difficult it is to con- Wednesday, April 20, 2005 fering of its victims. She is an inspiration to duct even the most mundane transactions people around the world. without having to provide our Social Security Mr. KENNEDY of Rhode Island. Mr. Speak- I hope that it is a comfort to her parents, number first. It’s no wonder identity theft has er, on the evening of April 19, I missed three Clifford and Nancy, her brothers and sisters, become the fastest growing white collar crime. Rollcall votes. I respectfully request the oppor- and all her family and friends, that so many Worse yet, terrorists, including those re- tunity to record my position on Rollcall votes. people share their loss and are praying for sponsible for the September 11th attacks, mis- It was my intention to vote ‘‘yes’’ on Rollcall them at this sad time. use SSNs in order to assimilate into our soci- No. 109 H.R. 683, Trademark Dilution Revi- f ety. sion Act of 2005. ‘‘Yes’’ on Rollcall No. 110 Barely a day goes by without hearing more H.J. Res. 19, providing for the appointment of IN HONOR OF LINDA SMITH examples of the truly devastating effects of Shirley Ann Jackson as a citizen regent of the identity theft. During a hearing of the Ways Board of Regents of the Smithsonian Institu- HON. ROBERT MENENDEZ and Means Subcommittee on Social Security tion. ‘‘Yes’’ on Rollcall No. 111 H.J. Res. 20, OF NEW JERSEY hearing, we learned about a widow whose providing for the appointment of Robert P. IN THE HOUSE OF REPRESENTATIVES husband died in the September 11th attacks Kogod as a citizen regent of the Board of Re- on the World Trade Center—an illegal immi- gents of the Smithsonian Institution Wednesday, April 20, 2005 grant used her deceased husband’s Social At this time I would ask for unanimous con- Mr. MENENDEZ. Mr. Speaker, I rise today Security number to get a driver’s license and sent that my positions be entered into the to honor Linda Smith for her years of dedi- to work. We also heard about individuals RECORD following those votes or in the appro- cated service and outstanding commitment to whose credit was ruined, who were arrested priate portion of the RECORD. the labor movement. Mrs. Smith received the for crimes they did not commit, and who spent

VerDate Aug 04 2004 02:58 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A20AP8.054 E21PT1 April 21, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E721 years and hundreds or even thousands of dol- RECOGNIZING ANDRE SMITH acted heroically on many occasions during his lars out of their own pockets trying to clear over two decade-long performance of duty. In their names because of identity theft often fa- HON. DALE E. KILDEE 1987, Detective Allen ran through a burning cilitated by obtaining the individual’s Social OF MICHIGAN tenement house and evacuated several peo- Security number. IN THE HOUSE OF REPRESENTATIVES ple who were sleeping inside. In 1989, he re- Concerns about identity theft are increasing ceived a ‘‘Chiefs Award’’ for an outstanding dramatically. According to the Federal Trade Wednesday, April 20, 2005 act in the performance of duty. On this past Commission, identity theft is the number one Mr. KILDEE. Mr. Speaker, I stand before Saturday night, he was once again going consumer complaint—amounting to 39 percent you today to recognize the accomplishments above and beyond the call of duty by returning of complaints received in 2004. In fact, my of a man who has made a strong commitment to the police station after enjoying dinner with state, Florida, is sixth in the nation in the num- to protect and defend human dignity. On Sat- his family in order to ‘‘pull out all the stops’’ in ber of identity theft victims per 100,000 peo- urday, May 7, the members of Oman Temple the investigation of a vicious crime which had ple. No. 72, of the Ancient Egyptian Arabic Order occurred earlier in the day. Clearly, there is need for a comprehensive Nobles of the Mystic Shrine, will gather at their He was clearly very proud of following in the law to better protect the privacy of Social Se- 50th Annual Potentate’s Ball, where they will footsteps of his father, retired Providence Po- curity numbers and protect the American pub- honor their Illustrious Potentate, Andre Smith. lice Captain Lloyd Allen. Out of a force of 500 lic from being victimized. Today, I re-introduce Andre Smith was born in my hometown of officers, Detective Allen was one of the 20 the ‘‘Social Security Number Privacy and Iden- Flint, Michigan, on August 8, 1965, the young- longest-serving. Sadly, he is the third Provi- tity Theft Prevention Act of 2005,’’ which is est and only son of Elworth and Vivian Smith. dence police officer killed on the job since similar to bipartisan legislation introduced dur- He attended Flint Public Schools, and grad- 1994. Incidents such as this one remind us of ing the last Congress. In the public and private uated from Northwestern High School in 1983. the daily sacrifice and risk endured by mem- sector, the bill would restrict the sale and pub- He later enlisted in the United States Army, bers of our law enforcement communities, who lic display of Social Security numbers, limit where he proudly served for 81⁄2 years, attain- deserve the utmost appreciation from all of us. dissemination of Social Security numbers by ing the rank of Sergeant E–5. He received an Detective Allen leaves his wife, Marguerite, credit reporting agencies, make it more difficult Honorable Discharge in 1992. and two daughters, Jennifer, 15 and Caitlin, for businesses to deny services if a customer In addition to his tenure as Illustrious Poten- 14, behind. Although his life ended abruptly in refuses to provide his or her Social Security tate of Oman Temple 72, Mr. Smith is also a great tragedy, his legacy of selflessness, kind- number and establish civil and criminal pen- member and Senior Warden of John W. Ste- ness, and service to his community will con- alties for violations. venson Lodge No. 56, Saginaw Valley Consis- tinue on. Congress must act to protect the very num- tory No. 71, and the Flint Roller Skating Asso- f ber it requires each of us to obtain and use ciation. As a member of these organizations, RECOGNIZING MR. DONNIE R. throughout our lifetime. Providing for uses of he has consistently been at the forefront of WHEELER OF VIRGINIA BEACH, Social Security numbers that benefit the public campaigns and projects designed to improve VIRGINIA, PRESIDENT OF THE while protecting these numbers from being and beautify the city. In addition, Mr. Smith NATIONAL ASSOCIATION OF used by criminals, or even terrorists, is a com- successfully balances his time as a community CLEAN WATER AGENCIES, FOR plex balancing act. This bill achieves that bal- leader with his employment as an Administra- HIS SERVICE AND DEDICATION ance by ensuring Social Security numbers are tive Security Tech at the Great Lakes Tech exchanged only when necessary and pro- Center, and as a member of Grace Emmanuel HON. J. RANDY FORBES Baptist Church. tected from indiscriminant disclosure. I urge OF VIRGINIA Mr. Speaker, I am appreciative of Andre Members to co-sponsor this important legisla- IN THE HOUSE OF REPRESENTATIVES tion. Smith’s contributions to the Flint community. His civic awareness has made our city a bet- Wednesday, April 20, 2005 f ter place in which to live. I ask my colleagues Mr. FORBES. Mr. Speaker, I rise today in in the 109th Congress to please join me in recognition of Mr. Donnie R. Wheeler, General HONORING MATT KIEHL ON congratulating him for his dedication and per- Manager of the Hampton Roads Sanitation ACHIEVING THE RANK OF EAGLE severance. District (HRSD) in Virginia Beach, VA. Mr. SCOUT f Wheeler is an exceptional leader and public steward dedicated to the Nation’s and Vir- HON. ERIC CANTOR REGARDING THE DEATH OF PROV- ginia’s environment and public health. It is a OF VIRGINIA IDENCE POLICE DETECTIVE great pleasure to congratulate Mr. Wheeler on IN THE HOUSE OF REPRESENTATIVES JAMES L. ALLEN becoming the first President of the National Wednesday, April 20, 2005 Association of Clean Water Agencies HON. PATRICK J. KENNEDY (NACWA), formerly the Association of Metro- Mr. CANTOR. Mr. Speaker, I rise today to OF RHODE ISLAND politan Sewerage Agencies (AMSA). No one honor Matt Kiehl, a constituent who at the age IN THE HOUSE OF REPRESENTATIVES could be more deserving of this leadership po- of 17 has been awarded the rank of Eagle Wednesday, April 20, 2005 sition. Scout. Matt has been involved in scouting A graduate of Virginia Tech, Mr. Wheeler since the age of seven when he started as a Mr. KENNEDY of Rhode Island. Mr. Speak- was employed by the Virginia State Water Tiger Cub. For the last 10 years, he has er, today, I would like to express my deepest Control Board for seven years before joining worked toward this goal which culminated in sympathy and condolences to Mayor Cicilline, HRSD in 1974. Mr. Wheeler’s distinguished his Eagle Scout project to construct a prayer Chief Esserman, the entire Providence Police career with HRSD—a nationally recognized re- path at the Shalom House in Montpelier, Vir- Department, the friends and the family of De- gional wastewater treatment utility, which ginia. He, along with about 25 volunteers, tective James L. Allen, a 27-year veteran of serves 17 cities and counties covering 3,100 completed the project this past December 18. the police force in Providence, Rhode Island square miles of southeast Virginia—has Matt is an exceptional student at the Maggie who was tragically killed early Sunday morning spanned three decades. Under his manage- Walker Governor’s School. Next year, he will inside his own police station. I want to honor ment, HRSD has been honored with a host of join the ‘‘We the People’’ Team. This nation- this heroic man by sharing his story with fellow awards from the U.S. Environmental Protec- wide competition is based on students’ knowl- Members of Congress and the nation. tion Agency and is recognized as a state inno- edge and understanding of the Constitution. Detective Allen embodied the great courage vator for initiatives such as Virginia’s first mu- He also finished second in the National Catho- and dedication of those who risk their lives in nicipal water reuse project. lic Forensic League state competition this year order to protect others. His was known by his On May 2, 2005, the members of NACWA and will compete at the national competition. colleagues as being exceptionally talented in elected Mr. Wheeler to be the president of the Mr. Speaker, I join the Kiehl family—his fa- remembering names, faces and dates—so Association stemming from his exemplary ther, Mark; mother, Leslie; and his sisters Jen- much so that they endearingly referred to him commitment and dedication to the clean-water nifer and Stephanie—in honoring and recog- as ‘‘Rainman’’ in the department. He was also community. nizing the remarkable achievements of Matt. I known as an extremely hard worker who With Mr. Wheeler as President, NACWA will am confident we will hear great things from never sought the limelight for himself, despite no doubt be the leading advocate for respon- him in the future. the fact that he handled high-profile cases and sible national policies that advance clean

VerDate Aug 04 2004 02:58 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A20AP8.058 E21PT1 E722 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2005 water and a healthy environment. Simply stat- IN MEMORY OF MICHAEL back surgeries. He lived every day in con- ed, when I hear the term ‘‘environmentalist’’, I WRONIKOWSKI stant pain, but you would never know it, be- think of public servants like Donnie first. This cause he would never show it. His desire to live and be active outweighed his desire to is because Donnie’s contributions to his pro- HON. MIKE ROGERS live in comfort. fession, his community, and to Virginia are nu- OF MICHIGAN As the surgeries mounted, he was forced to merous. give up all of his hobbies that he loved for so IN THE HOUSE OF REPRESENTATIVES Mr. Wheeler is a founder of the Virginia As- long. Instead of feeling sorry for himself and sociation of Municipal Wastewater Agencies Wednesday, April 20, 2005 packing it in, he moved on to other hobbies that I am sure were no better for his back (VAMWA) and served as its president for six Mr. ROGERS of Michigan. Mr. Speaker, I than his sports were. He redid almost the years. His career achievements have earned rise today to ask that these moving words de- whole inside of my parent’s house. You can- the respect of his colleagues at the local, state livered on April 2, 2005 by Brian Wronikowski not step foot inside a room there that and national levels, resulting in awards from at a memorial service for his father, Michael doesn’t have his fingerprints all over it. My the Virginia Water Environment Association Wronikowski of Detroit, Michigan, who passed mom even turned him on to the wonderful (VWEA) and Environment Virginia. Mr. Wheel- away on March 16, 2005, be included in the world of gardening. Pulling weeds, planting bulbs—all sorts of fun stuff. But it wasn’t the ONGRESSIONAL ECORD er has also served as an Adjunct Associate C R : job that he was doing that was important to Professor of Environmental Engineering at Old First of all, my family and I would like to him; instead, it was how he did it. He was a Dominion University. thank all of you for coming today. We appre- perfectionist at heart. And it didn’t matter if Again, it is with great pleasure that I con- ciate everyone taking time out of their busy he was working the presses or vacuuming gratulate Donnie on becoming President of lives to celebrate the life of someone who our pool, the job was not done until it was was and always will be such an important perfect. NACWA. I am certain the Association will con- part of ours. Everyone’s thoughts, prayers My Dad stopped working in 2000. And tinue to flourish under his able leadership. and kind words have not gone unnoticed. though we had some stressful times over the Thanks again. last few years, anybody that knew him f We would like to invite any and all of you knows that his last few years were his to continue the celebration of Mike’s life happiest. His kids were all grown up. He was AGRICULTURAL TRADE after mass. Stop in for a bite to eat. Stop in blessed with five beautiful grandchildren. to say hello. All are welcome to stop by at And he got to enjoy more time with my Mom Mike and Kathy’s home. Just follow the than any other time in their marriage. Sure, HON. STEVE KING caravan of people walking down Audubon they had their hard times like any other couple. But my parents were married 36 OF IOWA after the service. Joseph and Dorothy Wronikowski wel- years. Neither one ever strayed. Through IN THE HOUSE OF REPRESENTATIVES comed Michael John, their 3rd of 5 children thick and through thin, their love never wavered. Wednesday, April 20, 2005 into the world on September 3rd, 1946. He was born in the city of Detroit, where he Everyone has different things that will al- Mr. KING of Iowa. Mr. Speaker, I stand lived all 58 of his years. Raised in the Catho- ways stick with them. Different memories. today in support of the U.S.-Dominican Re- lic faith, he attended Guardian Angel Ele- Different ‘‘Dadisms’’. Here are a few. My Dad mentary School and graduated from De La was a very good listener. Sometimes he of- public-Central America Free Trade Agreement fered his opinions, but more times than not and the benefits it will provide to hardworking Salle High School in 1964. After graduation, he joined the Army Re- he just wanted to be there for his kids. His American farmers. Currently, the U.S. market serves, where he served as a security code silent confidence is already missed. My dad is already fairly open to agricultural products specialist until 1972. It was also upon gradua- was a huge hockey fan. Many a Saturday from Central America and the Dominican Re- tion that he began work as a printer, a ca- night was spent in our younger years with public, but U.S. farmers face a variety of tariffs reer that would last over thirty years. In the TV tuned in to Hockey Night in Canada. and other barriers when exporting to the DR– June of 1967, he met and began dating Kath- And it didn’t really feel like the Wings had leen McEvoy, a former classmate of his from won the Cup until we were able to get Dad on CAFTA countries. This agreement will elimi- the phone and share our excitement. My Dad Guardian Angels. Although they were in the nate those barriers, reciprocate open market was always very affectionate with both his same grade, they were never in the same access, and put American farmers on a level kids and his grandkids. Every time someone classroom in any of their eight years. On was leaving our parents to go back home, playing field. May 10, 1968, a mere eleven months later, wherever home may be, you knew it was As the nation’s top exporter of corn, with they were married. time for a kiss on both cheeks from Dad. And farm cash receipts of over $3.7 billion, corn Being the good Catholic young adults that a giant bear hug. Then he would stand at the they were, my parents got to work on start- producers from the great state of Iowa, which door and wave goodbye, not moving until the ing their family. Nine and a half months I represent, would benefit from the FTA. Re- car was out of sight. My Dad was always after they were married, Anne Marie, their cent price strength in U.S. pork markets is di- there for all of us. Whether someone needed rectly related to increased U.S. pork exports. first child was born. Eleven months later, a ride, a couple extra bucks or just a visit to came John Michael. And so on and so on to Mexico is a good example. DR–CAFTA coun- say hi, you could always count on him. I will the tune of eight children in nine and a half be honest with you now—my sisters gave my tries are also important export market for Iowa years. As the kids kept coming, and the bills soybean farmers, who are the top exporters of Dad some of the ugliest gifts I have ever kept rising, my father worked two jobs to seen. The hats. The shirts. Not so good. soybeans. Nationwide these exports already provide for us and send us through Catholic Didn’t matter though. If the card attached account for 14 percent, a total of 1.0 million schools. You see, public school was never an said Love, one of his kids or grandkids, that metric tons or 58 million bushels. Finally, the option for us kids in our parent’s eyes. They gift automatically became his favorite arti- Iowa beef industry would benefit from the were both brought up in Catholic households cle of clothing. And he wouldn’t take it off. FTA. In 2003, the U.S. found bovine and a Catholic education was the only way One of our neighbors gave us a card that read to go. ‘‘I will personally miss Mike because of the spongiform encephalopathy (BSE) in a Cana- My Dad became a printer back in the ’60’s dian cow causing us to have export chal- man I knew him to be—a helpful, caring, in- because it meant a pay increase over his job volved and thoughtful neighbor.’’ Any time lenges with Japan. The U.S. has lost valuable in the mail room. But make no mistake, he we were talking to my Dad on the phone, beef exports, and this FTA would help expand took great pride in his craft. I can remember each call would end the same way. ‘‘I love access and market potential. him bringing home picture after picture that you. Okay, bye.’’ That’s my Dad. This Agreement will provide U.S. farmers he worked on. I think all of us kids had ‘‘The I will have many long lasting memories of with unequaled access to a large market with Tiger’s Roar in ‘84’’ poster that he worked on my Dad. But some will stick around more hanging in our rooms at some point. growing incomes and growing demands for than others. I think like just about every It was not all work for my Dad. He was a other five or six year old kid, I thought of agricultural and food products. The elimination spectacular athlete in his younger years. He my Dad as the strongest man on Earth, some of tariffs will provide American farmers with dabbled in a just about everything. He was a type of super hero almost. He had these preferences over producers in Canada, Eu- solid third baseman. As you heard, he was huge, Popeye like forearms that he got from rope, and other countries. This will help to re- lucky enough to play in the nets in the sto- the long hours working on the press. As store lost U.S. market share and increase ried Montreal Forum. He was also a very years went on, and I looked at my Dad as overall exports to the five DR–CAFTA coun- good golfer, and he was the best bowler I more of a human being than a super hero, tries. have ever seen. my thoughts of his strength faded away. The As the years went on, working the long last few years, I watched him and marveled. Mr. Speaker, I strongly urge my colleagues hours on the printing press took quite a toll Not because of his arm strength, but more to support American farmers and to support on my dad’s body. He developed degenerative because of his inner strength. He persevered this very important piece of legislation. disc disease, which resulted in four separate through his life in a way that I cannot do

VerDate Aug 04 2004 02:58 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A20AP8.062 E21PT1 April 21, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E723 justice in words. In the last month, I saw shape the 1992 Energy Policy Act through The Oncology Nursing Society’s mission is that inner strength shining through. He was Congress. In 1994, Admiral Watkins built on to promote excellence in oncology nursing and not ready to leave us. He was not ready to the NPS tradition of collaborative education quality cancer care. To that end, ONS honors leave my Mom. And he fought and he fought and maintains nursing’s historical and essen- til his last day. I realize now that maybe I when he spearheaded the formation of CORE, was right when I was five or six. Maybe he the Consortium for Oceanographic Research tial commitment to advocate for the public was a super hero. But it wasn’t the muscles and Education. This public—private associa- good by providing nurses and healthcare pro- in his arms that made him that, it was that tion is a partnership between the federal gov- fessionals with access to the highest quality giant muscle in his chest. And all of us who ernment and more than 80 marine research educational programs, cancer-care resources, knew him are better people because of it. and education institutions. CORE developed a research opportunities and networks for peer When I started to piece this together, I comprehensive national ocean science and support. ONS has 13 chapters in my home came across a poem that reminds me of my technology research agenda. In 1996, I proud- state of New York, which help oncology Dad to a tee. I would like to share it with ly joined my congressional colleagues in pass- nurses provide high quality cancer care to pa- you. It is anonymously penned, entitled tients and their families in our state. ‘‘Don’t Quit.’’ ing the National Oceanographic Partnership I thank all oncology nurses for their dedica- ‘‘When things go wrong as they sometimes Act, legislation that grew directly out of Admi- ral Watkins’ leadership at CORE. tion to our nation’s cancer patients, and com- will; mend the Oncology Nursing Society for all of When the road you’re trudging seems all up- In 2001, Admiral Watkins left CORE’s helm hill; to chair the U.S. Commission on Ocean Pol- its efforts and leadership over the last 30 When the funds are low, and the debts are icy. In 2004, the Commission delivered its years. They have contributed immensely to high landmark report to Congress and the Presi- the quality and accessibility of care for all can- And you want to smile, but you have to sigh; dent that recommended major reforms to U.S. cer patients and their families, and I urge my When care is pressing you down a bit— ocean policy. Admiral Watkins’ leadership in- colleagues to support them in their important Rest if you must, but do not quit. fused the report and, as so often happened endeavors. Success is failure turned inside out; f The silver tint of clouds of doubt; before, served as the catalyst for congres- And you can never tell how close you are sional action. I am pleased to be the sponsor HONORING THE ONCOLOGY NURS- It may be near when it seems so far; of Oceans–21 that will implement many of the ING SOCIETY ON ITS 30TH ANNI- So stick to the fight when you’re hardest Commission’s key recommendations. VERSARY hit— While no one act can recognize all that Ad- It’s when things go wrong that you must not miral Watkins has done for our Nation’s mili- quit.’’ tary and environmental security, the dedication HON. LOIS CAPPS OF CALIFORNIA Well, thank you all for letting me share a of Watkins Hall at the Naval Postgraduate IN THE HOUSE OF REPRESENTATIVES little bit about him with you. And in my School is a fitting tribute to one of our Nation’s Dad’s own words, ‘‘I love you Dad. Okay most distinguished Naval officers. Wednesday, April 20, 2005 bye.’’ f Mrs. CAPPS. Mr. Speaker, I rise today to So Mr. Speaker, it is my honor to rise to pay tribute to oncology nurses. Oncology recognize the memory of Michael 30TH ANNIVERSARY OF THE ES- nurses play an important and essential role in Wronikowski. TABLISHMENT OF THE ONCOL- providing quality cancer care. These nurses f OGY NURSING SOCIETY are principally involved in the administration and monitoring of chemotherapy and the asso- IN HONOR OF ADMIRAL JAMES ciated side-effects patients experience. As WATKINS HON. STEVE ISRAEL OF NEW YORK anyone ever treated for cancer will tell you, oncology nurses are intelligent, well-trained, HON. SAM FARR IN THE HOUSE OF REPRESENTATIVES Wednesday, April 20, 2005 highly skilled, kind-hearted angels who provide OF CALIFORNIA quality clinical, psychosocial and supportive IN THE HOUSE OF REPRESENTATIVES Mr. ISRAEL. Mr. Speaker, as co-chair of the care to patients and their families. In short, House Cancer Caucus, I rise today to pay trib- Wednesday, April 20, 2005 they are integral to our nation’s cancer care ute to oncology nurses. This year the Oncol- delivery system. Mr. FARR. Mr. Speaker, I rise today to ogy Nursing Society is celebrating its 30th An- I congratulate the Oncology Nursing Society honor a great American and his significant niversary. During that time, we have seen (ONS) on its 30th Anniversary. ONS is the contributions to building the smart, proud, and great advancements in cancer care. Cancer largest organization of oncology health profes- effective Navy and Marine Corps that so ably patients have a better chance of survival than sionals in the world, with more than 31,000 serve our Nation today. On April 20, Admiral ever before. In the past 20 years, the survival registered nurses and other health care pro- James D. Watkins is being inducted in the rate has doubled from 32 percent to 64 per- fessionals. Since 1975, ONS has been dedi- Naval Postgraduate School Hall of Fame and, cent. Oncology nurses have played a big part cated to excellence in patient care, teaching, the following day, the Mechanical Engineering in that. research, administration and education in the building on campus will be renamed ‘‘Watkins Oncology nurses are vital to providing qual- field of oncology. The Society’s mission is to Hall’’. Admiral Watkins graduated from the ity care. They are on the frontlines in our na- promote excellence in oncology nursing and Naval Postgraduate School in 1958 with a tion’s battle against cancer, and serve an es- quality cancer care. To that end, ONS honors Master’s Degree in Mechanical Engineering. sential role to, not only their patients, but also and maintains nursing’s historical and essen- That experience, perhaps more than any to the American public. Dr. Andrew von tial commitment to advocate for the public other, helped Admiral Watkins develop his Eschenbach, the director of the U.S. National good by providing nurses and healthcare pro- second career as one of our Nation’s pre- Cancer Institute, has stated, ‘‘By 2015, we can fessionals with access to the highest quality eminent science and technology policy states- eliminate cancer suffering and death.’’ Dr. von educational programs, cancer-care resources, men. Eschenbach’s goal can only be achieved with research opportunities and networks for peer Admiral Watkins graduated with the Class of oncology nurses. Every day, oncology nurses support. ONS has 19 chapters in my home 1949 from the U.S. Naval Academy. He retired see the pain and suffering caused by cancer state of California, which help oncology nurses from the Navy in 1987 after serving five years and understand the physical, emotional, and provide high quality cancer care to patients as the Chief of Naval Operations, the most financial challenges that people with cancer and their families in our state. senior military command within the United face throughout their diagnosis and treatment. Cancer is a complex, multifaceted and States Navy. In between, he built a naval ca- These nurses are principally involved in the chronic disease, and people with cancer are reer at sea and on shore that is the model for administration and monitoring of chemo- best served by a multidisciplinary health care service to this Nation and for every officer who therapy and the associated side-effects pa- team specialized in oncology care, including followed. tients experience. As anyone ever treated for nurses who are certified in that specialty. Each After retiring from the Navy Admiral Watkins cancer will tell you, oncology nurses are intel- year in the United States, approximately 1.37 began this second career when President ligent, well-trained, highly skilled, kind-hearted million people are diagnosed with cancer, an- Reagan asked him to chair the Presidential angels who provide quality clinical, psycho- other 570,000 lose their battles with this ter- Commission on AIDS. In 1989, President social and supportive care to patients and rible disease, and more than 8 million Ameri- George H. Bush appointed him Secretary of their families. In short, they are integral to our cans count themselves among a growing com- Energy. As Secretary, Admiral Watkins helped nation’s cancer care delivery system. munity known as cancer survivors. Every day,

VerDate Aug 04 2004 02:58 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A20AP8.066 E21PT1 E724 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2005 oncology nurses see the pain and suffering and of the desire to again eat pork chops, for fuel motor vehicles—and accelerate the intro- caused by cancer and understand the phys- helping him get through those tough times. ‘‘I duction of newer models into the marketplace. ical, emotional, and financial challenges that could see those pork chops frying in a pan,’’ The Common Sense Automobile Efficiency people with cancer face throughout their diag- he once said in his typical lighthearted way. Act of 2005 provides a win-win situation for nosis and treatment. Mr. Speaker, I was blessed to know Julian consumers, the economy, and the environ- Over the last ten years, the setting where Burnside for so many years and benefit from ment. It offers valuable incentives for the pur- treatment for cancer is provided has changed his friendship, humor, and kindness. I will miss chase and production of alternative vehicles dramatically. An estimated 80 percent of all him as will everyone whose lives he touched. and fuels—and enables consumers to help cancer patients receive care in community set- f limit fuel consumption, reduce our dependence tings, including cancer centers, physicians’ of- on foreign oil, and protect our air quality. COMMON SENSE AUTOMOBILE fices, and hospital outpatient departments. f Treatment regimens are as complex, if not EFFICIENCY ACT OF 2005 more so, than regimens given in the inpatient TRIBUTE TO CONGREGATION BETH setting a few short years ago. Oncology HON. C.A. DUTCH RUPPERSBERGER AM ON THE OCCASION OF THE FIFTIETH ANNIVERSARY OF ITS nurses are involved in the care of a cancer OF MARYLAND FOUNDING patient from the beginning through the end of IN THE HOUSE OF REPRESENTATIVES treatment, and they are the front-line providers Wednesday, April 20, 2005 of care by administering chemotherapy, man- HON. ANNA G. ESHOO aging patient therapies and side-effects, work- Mr. RUPPERSBERGER. Mr. Speaker, today OF CALIFORNIA ing with insurance companies to ensure that I am introducing legislation that provides credit IN THE HOUSE OF REPRESENTATIVES for the purchase of new qualified fuel cell, hy- patients receive the appropriate treatment, Wednesday, April 20, 2005 provide counseling to patients and family brid, or other alternative fuel motor vehicle. members, in addition to many other daily acts The Common Sense Automobile Efficiency Ms. ESHOO. Mr. Speaker, I rise today to on behalf of cancer patients. I thank all oncol- Act of 2005 encourages consumers to pur- honor Congregation Beth Am as it celebrates ogy nurses for their dedication to our nation’s chase environmentally friendly vehicles that its 50th anniversary. Since its founding in cancer patients, and commend the Oncology will help reduce greenhouse gas emissions 1955, this Reform Jewish Synagogue has Nursing Society for all of its efforts and leader- while simultaneously reducing our country’s oil been a leader in social action and community ship over the last 30 years. They have contrib- dependence. It repeals the phase-out of the welfare in the Bay Area, and has embodied uted immensely to the quality and accessibility Qualified Electric Vehicles Credit and Deduc- the Jewish community’s longstanding involve- of care for all cancer patients and their fami- tion for Clean fuel-Vehicles so that 100% of ment in religious and public life. Since its be- lies, and I urge my colleagues to support them the credit can be claimed through 2009. Con- ginnings with 100 families represented at its in their important endeavors. sumers would receive a tax credit of up to first meeting, the congregation has grown to $1,000 for hybrid gas-electric powered vehi- nearly 1,400 families from the mid-Peninsula f cles and $4,000—for fuel-cell vehicles. area who gather at Beth Am to worship, to HONORING JULIAN BURNSIDE—A Making our environment cleaner and reduc- study, to lead and to strengthen both the Jew- TRUE HERO ing our dependence on foreign oil requires the ish community and the Bay Area community participation of all stakeholders, including both as a whole. HON. MICHAEL BILIRAKIS consumers and manufacturers. When Congregation Beth Am was founded, OF FLORIDA Cars, SUVs and other light trucks consume the population of the San Francisco Peninsula IN THE HOUSE OF REPRESENTATIVES millions of barrels of oil every day and emit was booming. Beth Am filled a need for a new harmful amounts of carbon dioxide, a principal Reform Synagogue and it grew accordingly Wednesday, April 20, 2005 greenhouse gas. Passenger vehicles alone after its establishment. The first formal meet- Mr. BILIRAKIS. Mr. Speaker, I rise today to account for one-fifth of all U.S. carbon dioxide ing, which was held in March of 1955, was at- honor Julian Burnside, a friend and fellow vet- emissions. With significant fuel economy and tended by 300 people representing 100 fami- eran whose long and distinguished life re- low tailpipe emissions, alternative-fuel and ad- lies. A year later, the congregation grew to cently came to an end. vanced-technology vehicles help to reduce the 250 families. Registration at the religious Julian was an extraordinary man. Born in environmental impact of driving an automobile. school, which also opened in March of 1955, Tampa, he worked for the city as well as for Getting more miles out of a gallon of gas jumped from 100 children at its founding to Tampa Electric Company. Later in life he means lessening our dangerous reliance on 340 children only 2 years later. Beth Am first worked as a safety engineer for Underwriter’s oil, lowering levels of key air pollutants, and met in the First Methodist Church and Uni- Laboratories. Julian was active in the commu- saving consumers money at the gas pumps. tarian Church for Shabbat and High Holy Day nity, volunteering his time and expertise to All Americans need a choice in buying cars services. Today, members congregate in a charitable and civic causes, especially during that can increase their fuel-efficiency. While beautiful synagogue in Los Altos Hills. his busy retirement. He founded a Republican the average fuel economy of vehicles on the As Beth Am’s congregation has grown, so Club in my congressional district back when road is at a twenty-one year low, gasoline has its involvement with the communities on being a Florida Republican was unusual. He prices continue to strain business and family the Peninsula. Members have volunteered was a loyal Republican who held fast to his budgets. Americans now spend more than their time and resources to a variety of causes conservative principles, though he did so ami- $500 million per day to fuel their cars and light throughout the area, including the Ecumenical ably and without disparaging those who held trucks. Families deserve a more affordable Hunger Program, the Urban Ministry of Palo differing opinions. way to get to work, school, vacation, home or Alto, and Opportunities Industrialization Center Julian also was a distinguished and deco- any destination on the road. Businesses that West. The congregation’s Social Action Com- rated Army veteran of the Second World War. rely on vehicles to function need the cost-effi- mittee notes that ‘‘We, as Jews, are com- He fought in the Battle of the Bulge, where in- ciency of driving hybrid vehicles. manded to pursue Justice, and to participate experienced and battle-weary American sol- Although major automakers currently offer in Tikkun Olam, or Repairing the World.’’ The diers stopped German troops from breaching advanced technology and alternative fuel vehi- congregation’s website has a ‘‘Tikkunometer’’ their lines and splitting Allied Forces. British cles and plan to produce a full range of fuel- that counts the number of hours the congrega- Prime Minister Winston Churchill called it ‘‘un- efficient options, including SUVs, minivans, tion has pledged to community service. Fueled doubtedly the greatest American battle of the and pickup trucks, the cleanest vehicles avail- by this sense of responsibility to the commu- war,’’ which thwarted Hitler’s last attempt to able to the public should be more economical. nity and dedication to service, Congregation stop surging Allied fortunes. Julian justifiably The tax incentives provided by this bill Beth Am has improved our community and the was proud that some believed it was the would not only save consumers money—but lives of those around them. greatest battle in American military history, a spur market demand for more fuel-efficient ve- None of this would be possible without the battle in which he was injured and earned the hicles. As people around the country embrace outstanding leadership that Congregation Beth Purple Heart. cleaner, more efficient cars, American auto- Am has been blessed with since its founding Julian also endured a seven-month stay as mobile manufacturers must continue to im- 50 years ago. Rabbi Irving A. Mandel was a prisoner-of-war in Dresden, Germany, a time prove fuel efficiency in order not to lose mar- Beth Am’s first Rabbi. He was followed by during which he lost 60 pounds from near ket share and jobs. This bill would help auto- Rabbi Sidney Akselrad in 1962, who for 24 starvation. He credited thoughts of his wife, makers invest in the production of alternative years imbued Beth Am with a social-action

VerDate Aug 04 2004 03:38 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A20AP8.069 E21PT1 April 21, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E725 consciousness by participating in a variety of As you know, Mr. Speaker, the Hispanic Fifty-one years ago, Fred Gortler and Rose- interfaith endeavors, spreading understanding population is surging across our nation. A marie Battista met on a blind date in their of Jewish heritage, and fighting to break down large number of Latino and Hispanic individ- hometown of Staten Island, New York, while racial barriers in the United States. Rabbi uals have made their way into Tennessee. Fred was home on leave from the Navy. At Akselrad served as President of the Northern Both urban and rural communities in Ten- the time, Rosemarie was a nursing student at California Board of Rabbis, the Western Asso- nessee have seen a great influx of people with St. Mary’s Hospital in Brooklyn, New York. ciation of Reform Rabbis, and the Palo Alto Hispanic origin. This causes new demands on They were engaged only four months later Ministerial Association. When he became the social institutions of our state and it has and were married on May 14, 1955. Rabbi Emeritus in 1987, Rabbi Richard A. created a major need in the law enforcement The couple remained in Staten Island for Block took on his role as Senior Rabbi. For 12 community. Law enforcement officers must be over 20 years before moving to their current years, Rabbi Block led the congregation, initi- able to communicate with the citizens in their home in Fredericksburg in 1977. Both Fred ating a process of educational innovation he communities or they will not be effective in and Rosemarie have committed their careers dubbed ‘‘life-long learning,’’ which inspired a carrying out their duties. In large cities, police to serving the public and their communities. national partnership, the ‘‘Experiment in Con- departments sometimes have officers who can Fred worked for 21 years in the New York City gregational Education.’’ His successor, Rabbi speak the diverse languages of the citizens, police force, in positions ranging from adminis- Janet Ross Marder, has been leading Beth but this is not the case in most areas of Ten- trative to mounted police officer in Central Am since she became Senior Rabbi in 1999. nessee due to the rural composition of our Park. Shortly after relocating to Fredericks- She served as the first woman President of state. Most law enforcement in Tennessee are burg, he began his service in the U.S. House the Pacific Association of Reform Rabbis, and English speaking only, which causes many of Representatives where he stayed for over the first woman President of the Central Con- disadvantages for both the officers and the 20 years. ference of American Rabbis. She’s married to Hispanic citizens in the community. Rosemarie was a practicing nurse at Saint Rabbi Sheldon Marder of the Jewish Home in Verbal communication is crucial for police Vincent’s Hospital in Staten Island where she San Francisco, and together they are raising 2 officers in traffic stop situations. The officer was also a member of the faculty, teaching daughters, Betsy and Rachel. and driver must have a common under- psychiatric nursing. She returned to school to Mr. Speaker, I’m exceedingly proud to honor standing and way to communicate. If not, a obtain her Masters in Counseling and currently Congregation Beth Am as it celebrates its 50th barrier develops leaving both the officer and works as a private counselor, specializing in anniversary. For a half century it’s been a cen- the Hispanic citizen with few options to resolve individual, family, and substance abuse coun- ter of worship and service and it has truly lived the issue. Officer safety becomes a problem in seling. She has also co-authored several chil- up to its name, Beth Am, which translates these type cases as well. dren’s books including Little Acts of Grace, In traffic stops where the driver is suspect of from Hebrew to ‘‘House of the People.’’ Beth Just Like Mary, and A Very Scary Time, writ- being impaired, it is extremely important for Am is a source of pride to everyone in our ten numerous newspaper and magazine arti- the officer to be able to communicate with the Congressional District and will continue to be cles, and contributed regularly to a mental individual. The commands for the NHTSA ap- a pillar of our community for decades to come. health column in a local newspaper, titled proved Standardized Field Sobriety Test f Minding the Mind. (SFST) must be given by the officer and un- The couple has been blessed with five chil- derstood by the suspect to be effective. If the PERSONAL EXPLANATION dren and 18 grandchildren, the newest addi- officer cannot speak and understand Spanish tion to the family coming all the way from and the suspect cannot speak and understand China. The Gortler family extends out from HON. ROGER F. WICKER English the then the SFST is not effective in Virginia to Connecticut, Illinois, and Florida. OF MISSISSIPPI assisting the officer in making the decision to The couple’s 50 years of dedication to each IN THE HOUSE OF REPRESENTATIVES arrest or not. This leaves two scenarios: the other reflects that of their own parents, as Wednesday, April 20, 2005 officer allows the impaired driver to leave with- both Fred and Rosemarie’s parents also en- out arrest, or an innocent driver is arrested. Mr. WICKER. Mr. Speaker, on rollcall No. joyed 50 years of marriage. In late April, the The breech of communication causes both ac- 90, the vote to suspend the rules and pass S. couple will be joined by many friends and fam- 686, a bill for the relief of the parents of The- tions. Tennessee has not overlooked these prob- ily at the Chapel and the Officers’ Club in Fort resa Marie Schiavo, I was unavoidably absent. lems. The Hispanic population is already in Belvoir, Virginia to toast their half-century of Had I been present, I would have voted ‘‘yea.’’ our communities, and we have started pro- marriage. Their children and grandchildren will f viding training to law enforcement agencies so be proudly hosting the couple’s anniversary that a bridge of communication can be built. celebration, where Fred and Rosemarie will TENNESSEE CRIMINAL JUSTICE renew their wedding vows. The celebration is LANGUAGE ACADEMY The Spanish for Law Enforcement Program has trained over 1000 officers thus far. This being held early due to grandparent obliga- tions—six grandchildren in three different HON. LINCOLN DAVIS joint program by the Tennessee Governor’s Highway Safety Office and Columbia State states will be graduating in May. OF TENNESSEE Mr. Speaker and colleagues, please join me Community College serves as a model for in honoring and celebrating 50 years of mar- IN THE HOUSE OF REPRESENTATIVES other states that are experiencing the same riage between Fred and Rosemarie Gortler, a Wednesday, April 20, 2005 need. Simply put, this program provides offi- union built on devotion and love for family. I cers in Tennessee with a necessary new tool Mr. DAVIS of Tennessee. Mr. Speaker, I have had the privilege of knowing this loving to better serve their communities. rise today to recognize the efforts of individ- couple for many years, and have witnessed uals in Tennessee who are providing a much f the strong sense of family values, self-sac- needed training program for the law enforce- CELEBRATING THE 50TH WEDDING rifice, and commitment to public service that ment community. Columbia State Community ANNIVERSARY OF FRED AND defined their lives together. It is with great joy College under the direction of its President, ROSEMARIE GORTLER that I extend my congratulations to Fred and Dr. Rebecca Hawkins, in partnership with the Rosemarie Gortler and their beloved family, Governor’s Highway Safety Office directed by and I wish them many more years of wedded the distinguished Charles Taylor, along with HON. ED PASTOR OF ARIZONA happiness. countless others have worked together to insti- IN THE HOUSE OF REPRESENTATIVES f tute a Spanish Language Training program for police officers. Wednesday, April 20, 2005 HONORING SCOTT TOWNSLEY These two organizations have joined in the Mr. PASTOR. Mr. Speaker, I rise before you CHASE development of the Tennessee Criminal Jus- today to draw attention to the 50th wedding tice Language Academy. The Academy is anniversary of Fred and Rosemarie Gortler of HON. HENRY J. HYDE housed at Columbia State Community College Fredericksburg, Virginia. I first became ac- OF ILLINOIS and provides Spanish language training for quainted with the Gortlers during Fred’s two IN THE HOUSE OF REPRESENTATIVES police officers in Tennessee. The program is decades of serving here as a Democratic floor funded through a grant from the National assistant in the House of Representatives and Wednesday, April 20, 2005 Highway Traffic Safety Administration it is an honor to celebrate this loving couple’s Mr. HYDE. Mr. Speaker, they say the sinew (NHTSA). marital milestone. of our representative democracy is its citizens.

VerDate Aug 04 2004 03:38 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A20AP8.073 E21PT1 E726 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2005 We lost one of our model citizens—Mr. Scott with privatization is a perfect example. In years 2003 and 2004, 256,000 concrete ties Townsley Chase—on Easter Sunday, March 1994, government-owned British Rail was dis- were laid; 2,755 bridge ties were replaced; 27, 2005. I have known the Chase family for solved and the British government separated 266 miles of continuous welded rail were in- several years, and I was saddened to hear of intercity passenger rail infrastructure from op- stalled; 34 miles of signal cable were re- Scott’s passing as a result of cancer at the erations. A private corporation called Railtrack placed; and 19 stations and 37 substations young age of 46 years. He loved his family took over ownership of all track, signaling, and were improved. dearly and will be sorely missed by those he stations. Passenger train operators competed Amtrak’s mechanical department plowed full touched and impacted within the Elmhurst with each other to provide service. Unfortu- steam ahead. In 2004, it remanufactured 180 community. nately, the new approach assumed that pri- passenger cars, rebuilt 51 wrecked cars and Upon graduation from York High School, vate sector innovation and discipline would locomotives, and made seven Superliner bag- Scott matriculated to Valparaiso University. drive down the railway’s public funding re- gage modifications in passenger cars. After completing the requirements for a Bach- quirement and drive up quality of service, Amtrak sold excess equipment, eliminated elor of Science degree, Scott entered the overcoming recent trends of falling demand. It unprofitable services, lowered fares on long- Valparaiso Law School and graduated with a didn’t work, and it led to tragic consequences. distance routes to increase ridership, and, in law degree in 1983. He was proud to be an The safety of operations and the quality of partnership with the State of California, attorney and thought it was the noblest profes- service declined steadily. More than 30 people opened a $71 million maintenance facility. sion a person could pursue. His family indi- were killed in an accident at Ladbroke Grove In short, Amtrak is making great progress. cated that Scott liked solving people’s prob- in 1999 and four more were killed in an acci- All of this progress will halt under the Adminis- lems and took pride in providing the best rep- dent at Hatfield in 2000. In 2001, another fatal tration’s radical Amtrak reform plan. resentation for all his clients. accident occurred at Potters, just north of Lon- Therefore, while I join in introducing this bill Scott was married to Michelle Chase—an don. These accidents were directly traceable as a traditional courtesy to the Administration, attorney as well—and was the proud father of to privatization and Britain’s long history of I want to be clear that I do not support its ini- three wonderful children—Austin, Kelsey, and under-investment in rail. tiatives. Together with Chairman YOUNG, Sub- Morgan. Though Scott’s family and friends will Today, the British government is reeling committee Chairman LATOURETTE, Sub- dearly miss him, they will always take solace from the legacy left behind by privatization. committee Ranking Member BROWN, and the in knowing that Scott has provided a founda- The government has almost doubled funding other Members of the Committee on Transpor- tion from which all can build upon while living for rail, and has taken steps to improve per- tation and Infrastructure, I strongly support life to the fullest. formance and tackle the backlog of mainte- both H.R. 1630, the Amtrak Reauthorization f nance and renewal needs that exploded under Act of 2005, and H.R. 1631, the Rail Infra- privatization. British government officials have structure Development and Expansion Act for ADMINISTRATION’S AMTRAK described their rail privatization as ‘‘an abso- the 21st Century (RIDE 21). In the 108th Con- REFORM LEGISLATION lute disaster’’. gress, the Committee on Transportation and Despite the British experience, the Bush Ad- Infrastructure reported similar bills with near HON. JAMES L. OBERSTAR ministration’s blind faith in the ideology of pri- unanimous bipartisan support. I am very hope- OF MINNESOTA vatization leads it down the same wrong path. ful that the Committee on Transportation and IN THE HOUSE OF REPRESENTATIVES Let us not repeat Britain’s mistake. The solu- Infrastructure will again soon consider this bi- tion to Amtrak’s problems is not privatization. partisan legislation and begin to provide the Wednesday, April 20, 2005 Amtrak’s problems have one root cause: necessary investment for our Nation’s intercity Mr. OBERSTAR. Mr. Speaker, I join Chair- money. Lack of adequate investment and the passenger rail system—that is the ‘‘reform’’ man YOUNG in introducing, by request, the Ad- annual threat of elimination have conditioned that Amtrak so direly needs. ministration’s Amtrak ‘‘reform’’ legislation. It is Amtrak to focus on survival. f a common practice for the Chairman and Amtrak’s opponents are quick to point fin- Ranking Member of a Committee to jointly in- gers at Amtrak management, and claim that PERSONAL EXPLANATION troduce an Administration’s bill, regardless of private corporations could dramatically im- which political party controls the White House prove intercity passenger rail service. The HON. ROBERT MENENDEZ or Congress or the specifics of proposed legis- truth is that a succession of hardworking and OF NEW JERSEY lation, and I do this as a courtesy to the Ad- dedicated management teams at Amtrak could IN THE HOUSE OF REPRESENTATIVES ministration. However, introducing a bill ‘‘by re- not do the impossible—that is, operate our Wednesday, April 20, 2005 quest’’ should not be interpreted to imply en- Nation’s intercity rail passenger service with- Mr. MENENDEZ. Mr. Speaker, I was absent dorsement. In fact, in this instance, I am out a substantial level of investment from the from votes in the House on Tuesday, April 19, strongly opposed to the Administration’s legis- Federal Government. Railroads throughout the due to a previous and unavoidable commit- lative proposal for Amtrak and the direction world receive some government support to ment. Therefore, I was unable to vote on H.R. this Administration has chosen for intercity supplement the revenues paid by passengers. 683 (rollcall No. 109), H.J. Res. 19 (rollcall No. passenger rail service in our Nation. But the Administration continues to insist on 110), and H.J. Res. 20 (rollcall No. 111). Had The Administration’s proposal is nothing the impossible. I been present, I would have voted ‘‘aye’’ on new. It is the same flawed bill that the Admin- Yet despite Amtrak’s starvation budget, Am- all three measures considered before the istration sent to Congress in 2003. The bill es- trak has had its successes. Under David House. tablishes two private for-profit corporations to Gunn’s leadership, Amtrak has improved oper- separately manage and maintain infrastructure ations and increased ridership to more than 25 f and operations, eliminates our Nation’s inter- million passengers in 2004: an increase of one HONORING THE DISTINGUISHED city passenger rail network and shifts the cost million passengers from 2003 and an Amtrak SERVICE OF BILLY PAUL burden of continuing rail service to the States, record. In Southern California, Amtrak’s Pacific CARNEAL separates the Northeast Corridor from the rest Surfliner has had a 26.3 percent increase in of the rail network, divides Amtrak into three ridership in the past year. In Southern Cali- HON. BART GORDON separate entities, and eliminates Federal oper- fornia, Amtrak’s Pacific Surfliner has had a OF TENNESSEE ating support for all intercity passenger trains 26.3 percent increase in ridership in the past IN THE HOUSE OF REPRESENTATIVES over a four-year period. As a practical matter, year. Similarly, several Midwest trains, the within three years, all long-distance train serv- Pere Marquette (up 22.1 percent), the State Wednesday, April 20, 2005 ice is likely to be eliminated. Soon thereafter, House (up 13 percent) and the Illini (up 11.4 Mr. GORDON. Mr. Speaker, today I rise to the United States entire intercity passenger percent), experienced the next largest in- honor Billy Paul Carneal, a Springfield, Ten- system could consist of skeletal service along creases in passengers. In the East, regional nessee, native who has dedicated his life to the East and West coasts. trains carried more passengers than any other public service and the past 111⁄2 years as the The Administration’s trust in the magic of Amtrak service in the country, increasing from executive director of the Springfield-Robertson privatization and decentralization to solve Am- 5,760,499 last year to 5,974,806—an increase County Chamber of Commerce. Billy Paul has trak’s problems is astonishing. It shows this of 3.7 percent. decided to retire from the chamber, and I want Administration’s ignorance of the disastrous Amtrak has also made significant progress to thank him for all he has done for his com- consequences of privatization and under-in- in rebuilding infrastructure and rolling stock munity, which I have the honor of representing vestment in rail. Great Britain’s experience after years of deferred maintenance. In fiscal in this esteemed body.

VerDate Aug 04 2004 02:58 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A20AP8.077 E21PT1 April 21, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E727 Billy Paul has served as a teacher in Rob- Newark Alliance, a nonprofit organization com- during hurricane season each year, Mobile ertson County, a school principal and adminis- posed of representatives from private and civic County has a well-established need for an effi- trator in nearby Cheatham County, the mayor groups whose shared goals is to improve the cient and well-run emergency management of Springfield and a volunteer firefighter. In ad- educational opportunities and economic rede- system. Paulette Williams has provided the dition, he currently serves as a Robertson velopment in Newark. leadership for such an organization, and her County commissioner. Billy Paul’s contribu- Prior to joining the Newark Alliance, Dr. presence and expertise has been extremely tions to his community can be traced to his Petillo was chief executive officer at Tribus helpful numerous times during the past sev- grandfather, R.W. Darke, who was a member Companies, Care Advantage, Inc., and Blue eral years, most significantly during Hurricane of both houses of the Tennessee General As- Cross Blue Shield of New Jersey. As presi- Ivan which made impact on Alabama’s Gulf sembly and the city clerk for Springfield. dent and CEO of Blue Cross Blue Shield of Coast on September 16, 2004. In the hours Billy Paul’s service as a public school teach- New Jersey, Dr. Petillo was influential in elimi- er and administrator is especially admirable. nating the reserve deficit and replacing it with and days immediately following the storm, He says he became an educator because his a reserve surplus. During his tenure he advo- Paulette worked tirelessly with her team and teachers in high school and college served as cated legislation requiring all health insurance with officials from all levels of government to excellent role models for him. He then passed carriers to underwrite individual policies re- coordinate the emergency relief so vitally his own passion for case history and govern- gardless of medical histories. needed by the tens of thousands of residents ment to a new generation. Today, his former In addition to serving leadership roles with in the county. The work was incredibly difficult students are doctors, lawyers, public officials corporate organizations, Dr. Petillo has also and the hours quite long, but through it all she and teachers. served as chancellor of Seton Hall University maintained a firm hold on the situation and As mayor of Springfield, Billy Paul was in- and the Archdiocese of Newark. While chan- worked to ensure the county returned to as strumental in changing the city’s form of gov- cellor and chief executive officer at Seton Hall, normal a life as possible in as short a time pe- ernment from three at-large commissioners to Dr. Petillo was credited with completing the riod as possible. a board of mayor and aldermen, with a city first development campaign in the institution’s This work ethic has been a hallmark of her manager to oversee operations. He says the history and significantly increasing the residen- entire career and has resulted in numerous decision to seed the change in government tial student capacity. He also succeeded in professional accomplishments. In 1992, she was one of the toughest he made as mayor. achieving competitive salaries for the full time Billy Paul’s latest contribution to his commu- faculty, expanded institutional research, and was selected by the Federal Emergency Man- nity involved a very successful tenure as the with faculty consensus and monitoring insti- agement Agency as one of four emergency executive director of the chamber. In this ca- tuted merit compensation. management staff members from Alabama to pacity, he improved immensely the quality of In June 2003, Dr. Petillo was appointed assist in the State of Florida following Hurri- life for Robertson County residents. But Billy Chairman of the Board of Trustees of the Uni- cane Andrew. In 1994, she was invited by the Paul did not do all this alone. He had help versity of Medicine and Dentistry of New Jer- United States Department of Defense to par- from many in the community, and he had the sey by Governor James E. McGreevey. In ticipate in the first International Emergency love and support of an understanding wife and June 2004, Dr. Petillo assumed the respon- Management Conference. The Alabama family. He attributes the support of his wife, sibilities of Interim President of UMDNJ. The House of Representatives appointed her to Pat, and their three children for his accom- Board of Trustees named Dr. Petillo University serve as a member of the State’s Homeland plishments. Billy Paul, I wish you well in your President on November 16th, 2004. Dr. Petillo Security Task Force in 2003, and the next future endeavors and thank you for your serv- has a Ph.D. in Counseling and Personnel year she was chosen by Alabama Governor ice to a community you obviously cherish. Services from Fordham University, an M.A. in Bob Riley to serve on the Alabama Citizens f Counseling from Seton Hall University and an Corps Council. M.P.A. from Rutgers University. CONGRATULATIONS TO DR. JOHN At the present time, she serves as president PETILLO, PRESIDENT OF UMDNJ Under Dr. Petillo’s stewardship UMDNJ is embarking on a new chapter in its history— of Alabama 3, one of the state’s two disaster HON. DONALD M. PAYNE proud of its accomplishments and focused on assistance medical teams, and serves on the its future as a leader in health sciences re- executive board of the Greater Mobile Emer- OF NEW JERSEY gency Planning Committee. She also serves IN THE HOUSE OF REPRESENTATIVES search, education, and healthcare. UMDNJ and the State of New Jersey are fortunate to as the legislative chairperson of the Alabama Wednesday, April 20, 2005 have the benefit of Dr. Petillo’s leadership. I Association of Emergency Managers. Mr. PAYNE. Mr. Speaker, I rise today to look forward to many more accomplishments In addition to her impressive professional re- congratulate Dr. John Petillo on his inaugura- made possible through the University’s consid- sume, Paulette has been recognized numer- tion as the third president of the University of erable intellectual capacity and fulfillment of its ous times during her career for her out- Medicine and Dentistry of New Jersey. community service mission. standing contributions to her career field and UMDNJ has been a vital resource for the peo- f her community. She was selected to be in- ple of New Jersey for more than 30 years. cluded in Who’s Who in America for the 1998– Comprised of eight schools on five campuses, CONGRATULATING MS. PAULETTE a behavioral health network, and Newark’s W. WILLIAMS ON THE OCCASION 1999 year, and she was listed in Who’s Who University Hospital, UMDNJ provides world- OF HER RETIREMENT AS DIREC- of American Women between 1995 and 2000. class education to practicing and future TOR OF THE MOBILE COUNTY, Additionally, Governor Riley honored her when healthcare professionals and scientists, includ- ALABAMA EMERGENCY MANAGE- he selected Paulette as the first female and ing physicians, dentists, researchers, nurses, MENT AGENCY first merit employee ever selected for the post and scores of allied and public health profes- of Director of the Alabama Emergency Man- sionals. With more than 13,000 employees, HON. JO BONNER agement Agency. UMDNJ is the eighth largest employer in New OF ALABAMA Mr. Speaker, there are few individuals who Jersey. There are nearly 19,000 UMDNJ IN THE HOUSE OF REPRESENTATIVES have provided more invaluable service to their alumni, the overwhelming majority remains in Wednesday, April 20, 2005 community, their county, and their state than New Jersey. It is estimated that the Univer- Paulette Williams. She is an outstanding ex- Mr. BONNER. Mr. Speaker, it is with great sity’s health care and educational programs ample of the quality individuals who have de- pride and pleasure that I rise to honor Ms. touch the lives of two million persons yearly. voted their lives to public service, and I ask Dr. Petillo brings many strengths and talents Paulette Williams on occasion of her recent to this important appointment. He has enjoyed retirement from the position of director of the my colleagues to join with me in congratu- an extensive career in the corporate, nonprofit, Mobile County Emergency Management Agen- lating her on the occasion of her retirement. I academic and theological fields. He has cy. Throughout her 40-year career, Paulette know her colleagues, her family, and her served as the chief executive officer for sev- has contributed her extensive knowledge and many friends join with me in praising her ac- eral national corporations, chancellor for Seton expertise at the local, State, and Federal lev- complishments and extending thanks for her Hall University, and as a member of the board els of emergency management and civil de- many efforts on behalf of Mobile County and for many nonprofit foundations. fense. the state of Alabama, and I would like to wish More recently, Dr. Petillo served as the first As an area frequently impacted by natural her much success in all future endeavors as president and chief executive officer of the disasters and other such events, particularly she enters this new phase of her life.

VerDate Aug 04 2004 04:20 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A20AP8.082 E21PT1 E728 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2005 TRIBUTE TO EARL STERNKE, MIL- endeavors. His leadership and vision have no WHATEVER IT TAKES TO REBUILD WAUKEE, WI, IN RECOGNITION doubt strengthened his beloved home, San ACT OF 40 YEARS OF SERVICE TO Francisco, California. THE BOY SCOUTS In 2003 Victor Marcus received the Distin- HON. CAROLYN B. MALONEY guished Leadership Award from the Jewish OF NEW YORK HON. GWEN MOORE Committee of San Francisco for his immeas- IN THE HOUSE OF REPRESENTATIVES urable contributions to San Francisco’s busi- OF WISCONSIN Thursday, April 21, 2005 IN THE HOUSE OF REPRESENTATIVES ness world, cultural institutions, and the Jew- ish Community. He has generously and enthu- Mrs. MALONEY. Mr. Speaker, today I am Thursday, April 21, 2005 siastically supported the Jewish Community introducing the ‘‘Whatever It Takes To Build Ms. MOORE of Wisconsin. Mr. Speaker, I with particular expertise in issues relating to Act’’ with Representatives OWENS, ISRAEL and rise today to honor my constituent, Mr. Earl Israel, foreign affairs and diplomacy. SERRANO of New York. Sternke. Mr. Sternke is a model of service to Victor Marcus is a connoisseur and patron This legislation would remove a $5 million his community, having provided leadership of the arts and one of his greatest passions, cap placed on the Community Disaster Loan and mentoring to youth for over 40 years. music, is demonstrated by his support of the program that provides communities with lost Mr. Sternke is a distinguished exemplar of San Francisco Opera and Symphony. His tax revenues following disasters. This cap was the American spirit of generosity. A veteran, loves in life are music, fine wines and wonder- added in 2000. Prior to 2000, no cap was in husband and father, Mr. Sternke has made a ful food. He is the proud uncle of three neph- place and several communities received in ex- commitment to the Boy Scouts from the ear- ews from South Africa who have traveled to cess of $5 million from the Federal Govern- liest days of parenting his own children. As a the United States to celebrate this milestone ment for lost tax revenues, to recover from troop leader, he raised his two sons in Scout- with him. disasters. ing, helping both achieve the prestigious rank Mr. Speaker and colleagues, we join Victor Right after 9/11, the President promised of Eagle Scout. But his work did not stop Marcus’s family and friends in congratulating New York City that he would do whatever it there. He continued to lead troops long after him on his 90th birthday and extend our best takes to rebuild. While he and the Congress his children were grown, training boys to fol- wishes to him. has provided billions in relief, much more still low the same Scout Oath that he lived every needs to be done to make New York City day of his life. f whole. The new GAO report shows that we Mr. Sternke also contributed to the strength are still suffering significant tax losses. Lack of and development of the Boy Scout institution TRIBUTE TO YWCA OF ESSEX AND this revenue forces New Yorkers to payout of in innumerable other ways. As a trainer and WEST HUDSON—CELEBRATING their pockets again and again for the attacks training chairman, Mr. Sternke was respon- NINE DECADES OF EXCELLENCE of 9/11 or suffer the loss of essential services. sible for helping many young Scouters be- New Yorkers should not be forced to bear this come leaders. He helped design emblems, HON. DONALD M. PAYNE burden alone. That is why I am introducing the certificates and badges, some of which are Whatever It Takes to Rebuild Act and I im- OF NEW JERSEY still used by troops today. His award-winning plore the Congress and the President to sup- design for the Boy’s Life Display for the 1981 IN THE HOUSE OF REPRESENTATIVES port this legislation. I urge my colleagues to National Jamboree brought national attention Thursday, April 21, 2005 support this important legislation. to the Milwaukee Boy Scouts Council. Mr. PAYNE. Mr. Speaker, I am proud to rise f Throughout the period of his involvement, today to recognize a valued institution in my Mr. Sternke received numerous awards from A TRIBUTE TO THE FIRST CHURCH Congressional district. For the past ninety the Boy Scouts. I am especially impressed OF THE NAZARENE OF PASADENA years, the YWCA of Essex and West Hudson that Mr. and Mrs. Sternke were awarded the has been dedicated to the empowerment of Silver Beaver Award in 1975 as a tribute to HON. ADAM B. SCHIFF women and girls as well as the elimination of their work together in training young Scouters. OF CALIFORNIA racism. Founded at a time when women suf- Clearly, these two provided a model of leader- fered through inhospitable working and living IN THE HOUSE OF REPRESENTATIVES ship that could inspire youth to dedicate them- conditions, the YWCA of the USA was found- Thursday, April 21, 2005 selves to family, community and country. ed, in 1858, in order to fight for gender parity. It is a distinct pleasure to offer my thanks to Mr. SCHIFF. Mr. Speaker, I rise today to The early pioneers of the organization realized Mr. Sternke for a lifetime of service. He has honor the First Church of the Nazarene of that they could overcome racial and gender been unselfish in volunteering his time, his ex- Pasadana, California. During the months of discrimination by banding together to form periences, his resources and his money to im- February and March, the First Church of the strong alliances of determined women. prove the community in which he lives. Our Nazarene of Pasadena will be celebrating its Since 1914, the Essex and West Hudson af- community and Nation are better places be- 100th Anniversary. filiate of the YWCA has provided the highest cause of his work. The church began in 1905 and was led by quality in health and fitness, recreation, edu- Founding Pastor Dr. John W. Goodwin with 54 f cation, child development and social services members that met in each others’ homes. As RECOGNIZING VICTOR MARCUS OF programming. Over nine decades, it has the congregation grew, the church moved to SAN FRANCISCO, CA evolved from offering camping activities to pro- Mary Street in 1906, then Raymond Avenue, viding childhood development classes to preg- Mountain Street, and finally Sierra Madre Bou- HON. MIKE THOMPSON nant and parenting teens. Currently, the Essex levard, where it resides today. Today the and West Hudson affiliate serves nearly 200 OF CALIFORNIA church has over 2,000 members, which in- children in its after-school programs, over 500 IN THE HOUSE OF REPRESENTATIVES cludes a congregation with nine different cul- children in its summer camps and over 200 tural backgrounds. Thursday, April 21, 2005 birth through 5 year-olds in its early childhood First Church of the Nazarene of Pasadena Mr. THOMPSON of California. Mr. Speaker, education programs. had several Pastors, including Pastors J.W. it is an honor to join with my colleague Demo- In commemoration of 90 years of service, Ellis, Earl G. Lee, H.B. London, Jr., Dr. Ste- cratic Leader NANCY PELOSI to honor our on May 19, 2005, the YWCA of Essex and phen Green, Dr. Jeff Crosno and the current friend, Victor Marcus, on the occasion of his West Hudson will celebrate the grand opening Pastor, Jay Ahlemann. One of the church’s 90th birthday. of its new state-of-the-art building. This facility notable members was James Dobson, Found- Victor Marcus was born in 1915 in Berlin, will house amenities such as a computer er and Chairman of Focus on the Family, and Germany. He escaped Nazi Germany in 1936 learning center and an Aquatics & Fitness his wife Shirley, who were members for over and immigrated to America. Complex. 30 years. He is one of San Francisco’s most promi- I salute the YWCA of Essex and West Hud- The church has many programs that serve nent residents and has been president of a son as they ‘‘celebrate nine decades of excel- the community. The Compassionate Ministries real estate firm, the Victor L. Marcus Com- lence’’ for their dedication to women, girls and program consists of: Helping Hands—a food pany, for the past 52 years. He serves on nu- the community at-large. I am proud to have and clothing facility on the church campus, merous committees and boards and actively this organization in my district and I wish them Church in the Park—service to the homeless participates in a variety of civic and political continued success in their future endeavors. on Sunday mornings, EI Centro Trabajo—an

VerDate Aug 04 2004 05:19 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.001 E21PT1 April 21, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E729 advocacy organization for day laborers, and a Carol Seaver, and to have this opportunity to to an abrupt halt after developing pulmonary South Central Los Angeles food distribution celebrate the many contributions she made to sarcoidosis, a multi-system disorder that cur- center. Compassionate Ministries fed and the lives of residents of the Fourth Congres- rently has no cure. Yet as the saying goes, clothed more than 22,000 people last year. sional District. ‘‘when one door closes another one opens’’. Other programs include PrimeTime which f Instead of resigning in defeat, she became a provides fellowship for seniors and Loveline, a champion of the less fortunate through volun- phone ministry for homebound seniors. In His HONORING BRIAN JAMES MCINNIS teer work. Image serves families of special needs chil- FOR INNOVATIVE VOTING She served as coordinator of the Self Help dren on a weekly basis, providing Sunday PROJECT AT UC DAVIS and Resource Exchange (SHARE), a program School classes, parent connections and sup- that is engaged in self-help food distribution port groups, respite events for the parents, an HON. MIKE THOMPSON systems, economic development, community all-inclusive sports programs for the entire OF CALIFORNIA service and educational programs. Mrs. Wil- family and special events like the Special IN THE HOUSE OF REPRESENTATIVES liams-McCeary also gave of herself by feeding Olympics Unified Basketball event, San Ga- neighborhood children and assisting her Thursday, April 21, 2005 briel Valley Region. Parent Education Semi- church in various capacities. nars, Support Groups through the Recovery Mr. THOMPSON of California. Mr. Speaker, Ms. Williams-McCeary passed away on April Ministries, Sunday School, Sunrise Preschool I rise today to acknowledge the outstanding 9, 2000. Her family created the Antoinette and Academy of the Arts are also among the efforts of Brian James McInnis, a student at Denise Williams-McCeary Foundation in order many services that the First Church of the the University of California, Davis, to increase to carry on her legacy of giving. The organiza- Nazarene of Pasadena offers to its members student participation in the electoral process. tion’s primary focus is to provide financial as- and the community. In 2004 Brian McInnis conceived and coordi- sistance to the National Sarcoidosis Resource I am proud to recognize the First Church of nated with the Yolo County Clerk/Recorder, Center which conducts research in hopes of the Nazarene of Pasadena for its 100 years of the first UC Davis Early Voting Satellite Sta- finding a cure. offering a place of loving care and joyous wor- tion which had the effect of increasing student Mr. Speaker, I invite my colleagues here in ship to the people of the San Gabriel Valley participation in the 2004 Presidential Election the U.S. House of Representatives to join me and I ask all Members to join me in congratu- by 100 percent, resulting in 3,000 more stu- in honoring Antoinette Denise Williams- lating the congregation for their remarkable dents voting. McCeary, who in life and death continues to achievements. Brian took full responsibility for every aspect help others in need. I am proud to have had f of the UC Davis Early Voting Project, was her in my Congressional district and wish her faultless with regard to dependability and fair- foundation never-ending success in its future IN MEMORY OF CAROL SEAVER, ness, and made the program so successful endeavors. MILWAUKEE, WISCONSIN that early voting will be extended to other sat- f ellite locations. 9/11 CAN YOU HEAR ME NOW ACT HON. GWEN MOORE Brian, who was reared in Marin County, OF WISCONSIN California, has been enrolled at UC Davis HON. CAROLYN B. MALONEY IN THE HOUSE OF REPRESENTATIVES since 2002, majoring in history and econom- ics. He has been active in the Associated Stu- OF NEW YORK Thursday, April 21, 2005 dents of UC Davis where he has served in nu- IN THE HOUSE OF REPRESENTATIVES Ms. MOORE of Wisconsin. Mr. Speaker, I merous capacities, including Founder and Thursday, April 21, 2005 rise today to celebrate the life and accomplish- Chair of the Associated Students of UC Davis Mrs. MALONEY. Mr. Speaker, today I am ments of Carol Seaver. Ms. Seaver, a Mil- Lobby Corps Program. Currently Brian is Di- introducing the 9/11 Can You Hear Me Now waukee-area activist and advocate for victims rector of External Affairs for ASUCD. Act with Representatives CHRIS SHAYS of Con- of domestic abuse, enjoyed a life of service Nominated by UC Davis Chancellor Larry necticut, ANTHONY WEINER, MAJOR OWENS, and compassion. She died February 10, 2005. Vanderhoef, Brian was the honorable mention and CAROLYN MCCARTHY of New York. Born Carol Zagar, Ms. Seaver was raised recipient of the 2005 USA Today’s All-USA The attacks on the World Trade Center in on the south side of Milwaukee and went on College Academic Team program which rec- 1993 and on September 11, 2001, exposed to the University of Wisconsin-Madison, where ognizes students who excel in leadership roles serious communication problems for the New she met her husband, Ted Seaver. She was both on and off campus. Brian was also re- York City Fire Department, FDNY. Since these active in the civil rights struggle in other parts cently recognized as ‘‘Advocate of the Year’’ attacks, there have been major efforts to im- of the country, but moved back to Milwaukee for his work with the California State Legisla- prove the FDNY’s communication system, but in 1968, where she continued her education ture and the University of California Board of much more needs to be done. and focused her work on service to the elder- Regents. As we all know New York City is repeatedly ly. She worked as the director for the Interfaith Mr. Speaker, it is appropriate at this time mentioned as a top terrorist target and the Retired and Senior Volunteer Program, serv- that we commend Brian James McInnis for his lack of a fully-functional communications sys- ing senior citizens throughout Milwaukee, be- outstanding record of community service and tem is a threat not only to FDNY and New fore working for the Milwaukee Women’s Cen- dedication to the democratic process, and who York residents lives, but also to all those who ter. serves as an inspiration for all young people visit there. At the Milwaukee Women’s Center, Ms. who may want to become more effectively in- The terrorist attacks were not just attacks on Seaver was the founder and director of the volved in public service. New York City, but on the Nation. With New Older Abused Women’s Program, the first of f York as a continuing top terrorist target, the its kind in the nation. The program, which of- protection of New York City is becoming a na- fered counseling and support services to el- TRIBUTE TO ANTOINETTE ‘‘TONI’’ tional responsibility. Other cities with tall build- derly women suffering from abuse by partners DENISE WILLIAMS-MCCEARY ings throughout the country face the same or caregivers, celebrated its 10th Anniversary challenges with their communication systems in 2002. That same year, Ms. Seaver was HON. DONALD M. PAYNE and will need the same upgrades. Improve- honored with the National Sunshine Peace OF NEW JERSEY ments in New York will lay the groundwork for Award, presented in recognition of extraor- IN THE HOUSE OF REPRESENTATIVES improvements to communications systems dinary efforts in the field of domestic violence. across the country. Thursday, April 21, 2005 In 2004, the Carol Seaver Suites at the Mil- Recognizing this need, the 9/11 Can You waukee Women’s Center were dedicated in Mr. PAYNE. Mr. Speaker, I am proud to rise Hear Me Now Act instructs the Department of her honor, providing emergency housing for today in memory of Antoinette Denise Wil- Homeland Security, DHS, to provide the older or disabled women fleeing domestic liams-McCeary who was a life long resident of FDNY with a communication system that must abuse. my Congressional district. Mrs. Williams- be capable of operating in all locations and Friends and colleagues of Ms. Seaver credit McCeary, lovingly known by friends and family under the circumstances we know firefighters her with enormous compassion and dedication as ‘‘Toni’’, was the third of 10 children and a face and will continue to face when respond- to the cause of elder abuse. It saddens me to mother of one. ing to an emergency in New York City. note the passing of such a committed and car- In 1982, she began work in the financial This bill would require a communication sys- ing individual. I am honored to have known services field. Unfortunately, that career came tem that includes three components—radios,

VerDate Aug 04 2004 05:19 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.005 E21PT1 E730 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2005 dispatch system and a supplemental commu- TRIBUTE TO STEPHEN H. MARCUS, the garbage companies to implement recycling nication device. It would require it to work in WISCONSIN 2004 BUSINESS LEAD- as a method of reducing unnecessary waste. all buildings and in all parts of the city, some- ER OF THE YEAR He has also served on multiple environ- thing that the radios, unbelievably, do not now mental boards across Northern California in- cluding the CalFed Task Force-Bay Area do. The supplemental communication device HON. GWEN MOORE Water Forum and the Bay Conservation and would allow firefighters to transmit an audible OF WISCONSIN Development Commission. Mike also chaired IN THE HOUSE OF REPRESENTATIVES emergency distress signal when a firefighter is the Napa County Local Agency Formation in need of immediate assistance, and DHS Thursday, April 21, 2005 Commission working to prevent urban sprawl. would work with the city of New York in their Ms. MOORE of Wisconsin. Mr. Speaker, I Mr. Speaker, from 1992 until 2004, Mike planned upgrades of the emergency 911 sys- rise today to recognize Stephen Marcus, a Mil- served on the Napa County Board of Super- tem and any interoperability initiatives with waukee business leader and philanthropist, visors. During his tenure, Mike played an inte- other public safety communication systems. who was recognized this month by the Har- gral role in the creation and implementation of the Napa River Flood Control Project. Each I urge all of my colleagues to support this vard Business Club of Wisconsin and the Mil- waukee Journal-Sentinel as the Wisconsin year heavy winter rain has caused the Napa important legislation. 2004 Business Leader of the Year. River to flood, destroying many homes and Mr. Marcus joined the family business in hundreds of acres of land. Instead of con- f 1962, after graduating from the University of structing man made channels to re-direct the flooding river, Mike helped design an environ- IN HONOR OF THE GLENDALE SAL- Michigan Law School. By 1980, Steve Marcus mentally sound alternative to allow the river to VATION ARMY’S 80TH ANNIVER- was President of the theater, restaurant and hotel business. He became chairman in 1991, flow naturally without damaging homes or SARY succeeding his father Ben. land. Marcus Theatres is the ninth largest theatre Mike’s most recent accomplishment has circuit in the United States. The family’s in- been the creation of the new solar powered HON. ADAM B. SCHIFF vestments, under Stephen Marcus’ leadership, Sheriff’s office which is the only law enforce- OF CALIFORNIA extend from southern Wisconsin to southern ment building in the country to have been California. awarded a National Leadership in Energy Effi- IN THE HOUSE OF REPRESENTATIVES To be a truly successful business leader, ciency Gold Certificate. Thursday, April 21, 2005 you must be a leader in your community. You Mr. Speaker, it is necessary that we take accept chairmanships to raise funds that help this time to thank Mike Rippey for his service Mr. SCHIFF. Mr. Speaker, I rise may to con- your community thrive. You sit on boards that and dedication to protecting our environment gratulate the Glendale Salvation Army for 80 fund and approve grants to organizations that and ask that you join me in wishing him the years of providing outstanding social services reach people in need and lift them up. You best in all his future endeavors. to the City of Glendale and surrounding com- give of your time, your energy, your resources f munities. and your leadership skills. Steve Marcus is TRIBUTE TO SACRED HEART that kind of leader and he is the kind of per- PARISH—100TH ANNIVERSARY Established on June 1, 1925, the Glendale son that makes a difference. For these and Salvation Army has a firm vision of maintain- many other reasons, I am pleased to con- ing a multi-program facility while serving a gratulate Steve Marcus for being named the HON. DONALD M. PAYNE OF NEW JERSEY multi-ethnic neighborhood. The Glendale Sal- Wisconsin Business Leader of 2004. IN THE HOUSE OF REPRESENTATIVES vation Army provides spiritual social services f and excellent community outreach. Thursday, April 21, 2005 RECOGNIZING MIKE RIPPEY OF The Salvation Army participates in several Mr. PAYNE. Mr. Speaker, I ask my col- AMERICAN CANYON, CALIFORNIA leagues here in the House of Representatives outstanding programs that bring hope to the to join me as I rise to acknowledge the Sacred hearts of those that walk through their doors. HON. MIKE THOMPSON Heart Parish of Jersey City, New Jersey on Meals on Wheels provides hot, nutritious OF CALIFORNIA the celebration of its 100th anniversary. Sa- meals to those unable to leave their homes or IN THE HOUSE OF REPRESENTATIVES cred Heart’s role in serving the community prepare their own food. Volunteer drivers de- Thursday, April 21, 2005 began before the parish was approved and liver the meals and socialize with the recipi- continues to this day with the St. Martin de ents. The Lord’s Kitchen is a growing partner- Mr. THOMPSON of California. Mr. Speaker, Porres Soup Kitchen. ship with nine Glendale churches that help I rise today to recognize former Napa County The Parish consists of a campus of build- Supervisor Mike Rippey of American Canyon, Glendale’s homeless and low-income families ings that include the Dominican Priory, the California as the Sierra Club honors him with with food and rental or utilities assistance. The Church, the School and the Parish Hall. While the Earl Thollander Award for his outstanding Nancy Painter Home is a partnership with the those buildings define the physical presence environmental achievements. of the parish in the neighborhood and Jersey City of Glendale and U.S. Housing and Urban Mike’s keen interest in the environment has City community, the most important and last- Development. The home provides hope for led him to a lifetime dedicated to environ- ing features of the parish are the people of families trapped in a cycle of homelessness. mental preservation. After earning his Bach- Sacred Heart. Six families with children may live in the facil- elor of Science degree from California State Sacred Heart Parish was approved by ity for up to 2 years while they put their lives University, Humboldt and his Masters Degree Bishop O’Connor on February 14, 1905. The back together. The Salvation Army is also from Harvard University’s John F. Kennedy Church building was designed by Ralph supportive of Silvercrest which is a 78 unit School of Government, Mike returned to Napa Adams Cram who was guided in the Domini- senior low-income housing complex. In addi- County where he has made numerous invalu- can tradition by Father McNicholas, O.P. and able contributions to our community. tion, the organization supports an outstanding Spanish Gothic was the basis for the church Mr. Speaker, Mike is known to be a soft- after school tutoring program for middle school design. spoken man, but his actions resonate through- The long history of Sacred Heart School is students. These are just some of the exem- out the community. After garbage companies a story of deeply rooted faith, passionate work plary services that the Glendale Salvation threatened to turn the Napa County into San and a belief that the spirit inspires all under- Army provides to meet the specific needs Francisco’s dumping grounds in the 1980’s takings. It encompasses the response of a within the community. Each program remains and 90’s, Mike quickly took action. A pas- parish, the Sisters of Charity, dedicated teach- faithful to the Army’s vital mission. sionate and dedicated man, Mike worked tire- ers and volunteers. It is a story of children I ask all Members of Congress to join me lessly to fight the garbage companies, spear- educated in knowledge and values. And, it is heading an opposition group that raised today in congratulating the Glendale Salvation a story of a good seed planted and sown and awareness of the potentially hazardous land- brought to fruition. Army for 80 years of exemplary public service, fills. His activism was met with overwhelming Mr. Speaker, I know my colleagues agree and for its immense commitment to the City of success. He was not only able to stop the cre- that the Parish of Sacred Heart and the sur- Glendale and its residents. ation of these landfills, but also encouraged rounding community have every right to be

VerDate Aug 04 2004 04:20 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.009 E21PT1 April 21, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E731

proud of the lasting contributions that Sacred man DELAY the opportunity to defend himself as Supervisory Special Agent in Brownsville, Heart has made to the residents of Jersey through the Congressional ethics process. Texas. High profile investigations and suc- City. I am pleased to congratulate Sacred In conclusion, God bless our troops and we cessful undercover operations involving thou- Heart on its first 100 years. will never forget September 11th. sands of smuggled aliens from Central Amer- f f ica, Europe and the Middle East were trade- marks of his investigative career. PROTECTING THE PURPOSE OF THANKS AND GRATITUDE TO THE ETHICS COMMITTEE HIPOLITO ACOSTA, DISTRICT DI- In 1989, Mr. Acosta was selected as Assist- RECTOR, USCIS ant Officer in Charge of INS operations in Ma- HON. JOE WILSON nila, Philippines, assuming command of the of- fice in February 1991. During his tenure in the OF SOUTH CAROLINA HON. GENE GREEN Philippines, Mr. Acosta developed relations IN THE HOUSE OF REPRESENTATIVES OF TEXAS with host country government officials, to in- IN THE HOUSE OF REPRESENTATIVES Thursday, April 21, 2005 clude the Office of the President and was one Mr. WILSON of South Carolina. Mr. Speak- Thursday, April 21, 2005 of six U.S. diplomats to receive high recogni- er, for the past six weeks, Democrats have at- Mr. GENE GREEN of Texas. Mr. Speaker, tion by President Corazon Aquino. While in tacked Majority Leader TOM DELAY’s char- today to extend my thanks and gratttude to Manila, he developed the first ever citizenship acter, leadership and intentions. Hipolito Acosta for his service to Houston, program for thousands of Philippine World Although Democrats continue to smear Con- Texas and the United States as District Direc- War II veterans. He was highly recognized as gressman TOM DELAY, they forget that they tor of the U.S. Citizenship and Immigration the driving force in the citizenship program are responsible for preventing the Ethics com- Services office during the last three years and abroad with the naturalization of over 7,000 mittee from investigating the charges directed his 24 years serving our country. applicants. A native Texan, Mr. Acosta was born in Pre- at Mr. DELAY. Since the beginning of the Following his tenure in the Philippines, Mr. 109th Congress, House Democrats have re- sidio, Texas and started his career with Acosta was appointed to Officer in Charge in fused to allow the Ethics Committee to meet USCIS as a U.S. Border Patrol Officer in Monterrey and Ciudad Juarez. Later, as Dis- to address this issue. Marfa in 1975. Throughout his career he has trict Director for the INS Mexico City Office, he Four Ethics Committee Republicans have received numerous awards as well as inter- was responsible for overseeing sixteen dif- pledged that as soon as Democrats permit the national recognition for his leadership in cus- ferent offices in Latin America and the Carib- Ethics Committee to function again, they will tomer service and enforcement duties. He is a bean with operational jurisdiction over 42 vote to form an investigative subcommittee to four-year Navy Veteran and a former member review various allegations concerning travel of the Illinois National Guard. He is also one countries, including a pre-inspection station in Aruba and refugee office in Havana, Cuba. In and other actions by Congressman DELAY. of the most highly honored legacy INS offi- 2002, Mr. Acosta returned to Texas and as- Majority Leader DELAY has said all along cers, including six Commissioner Awards and that he wants to appear before the Ethics the prestigious Newton-Azrak Award for cour- sumed leadership of the INS Houston District Committee to address recent accusations. Un- age and heroism displayed in the line of duty. and then became the first District Director of fortunately, Democrats prefer to attack his His domestic career included front line and the U.S. Customs and Immigration Service in character for political purposes rather then offi- leadership roles in the fight against alien Houston. cially investigate these allegations. Democrats smuggling in key positions such as Criminal I commend Mr. Acosta for his service to the should stop playing politics with the House Investigator in Chicago, Special Agent with the United States and congratulate him on his re- Ethics Committee, and should give Congress- EI Paso District and Border Patrol Sector, and tirement.

VerDate Aug 04 2004 05:19 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.013 E21PT1 Thursday, April 21, 2005 Daily Digest

HIGHLIGHTS Senate passed H.R. 1268, Supplemental Appropriations. The House passed H.R. 6, Energy Policy Act of 2005. Senate Subsequently, the amendment was modified. Chamber Action Page S4087 Routine Proceedings, pages S4041–S4138 By 61 yeas to 39 nays (Vote No. 108), Bayh Measures Introduced: Twenty-four bills and one Amendment No. 520, to appropriate an additional resolution were introduced, as follows: S. 866–889, $213,000,000 for Other Procurement, Army, for the and S. Res. 118. Pages S4108–09 procurement of Up-Armored High Mobility Multi- purpose Wheeled Vehicles (UAHMMWVs). Measures Reported: Pages S4079–80, S4083, S4084–86 S. 339, to reaffirm the authority of States to regu- Stevens (for DeWine) Amendment No. 565, to late certain hunting and fishing activities. express the sense of the Senate that Congress should S. 378, to make it a criminal act to willfully use enact an increase for the period of continued a weapon with the intent to cause death or serious TRICARE coverage of children of members of the bodily injury to any person while on board a pas- uniformed services who die while serving on active senger vessel, with an amendment in the nature of duty for a period of more than 30 days and make a substitute. Page S4108 such increased period applicable to children of mem- Measures Passed: bers who have died since the commencement of military operations in Afghanistan. Page S4087 Supplemental Appropriations: By a unanimous Stevens (for Kennedy) Modified Amendment No. vote of 99 yeas (Vote No. 109), Senate passed H.R. 421, to express the sense of the Senate on funding 1268, making emergency supplemental appropria- for the continuing development of the permanent tions for defense, the global war on terror, and tsu- magnet motor. Pages S4086–87 nami relief, for the fiscal year ending September 30, Stevens (for Schumer/Boxer) Modified Amendment 2005, after taking action on the following amend- No. 484, to express the sense of the Senate on fund- ments proposed thereto: Pages S4079–94 ing for the procurement of man-portable air defense Adopted: (MANPAD) systems. Page S4087 Corzine Modified Amendment No. 368, to pro- Stevens (for Dodd) Modified Amendment No. vide additional assistance in Sudan. Page S4080 502, to express the sense of the Senate on funding DeWine Amendment No. 551 (to Amendment for the replenishment of medical supply needs with- No. 564), to make the traumatic injury insurance in the combat theaters of the Army. Page S4087 provision retroactive for servicemembers injured in Stevens (for Frist) Amendment No. 566, to amend Iraq. Pages S4081–82 the Immigration and Nationality Act to provide for Craig/Akaka Amendment No. 564, to amend title entry of nationals of Australia. Page S4087 38, United States Code, to provide a traumatic in- Stevens (for Reid) Amendment No. 389, to reaf- jury protection rider to servicemembers insured firm the authority of States to regulate certain hunt- under section 1967(a)(1) of such title, as amended. ing and fishing activities. Page S4086 Pages S4080–83 Senate insisted on its amendment, requested a Ensign Amendment No. 487, to provide for addi- conference with the House thereon, and the Chair tional border patrol agents for the remainder of fiscal was authorized to appoint the following conferees on year 2005. Pages S4079, S4084 the part of the Senate: Senators Cochran, Stevens, D383

VerDate Aug 04 2004 06:03 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D21AP5.REC D21AP5 D384 CONGRESSIONAL RECORD — DAILY DIGEST April 21, 2005 Specter, Domenici, Bond, McConnell, Burns, Shelby, Gregg, Bennett, Craig, Hutchison, DeWine, Committee Meetings Brownback, Allard, Byrd, Inouye, Leahy, Harkin, (Committees not listed did not meet) Mikulski, Reid, Kohl, Murray, Dorgan, Feinstein, Durbin, Johnson, and Landrieu. Page S4094 APPROPRIATIONS: OMB State Mediation Program Reauthorization: Committee on Appropriations: Subcommittee on Trans- Committee on Agriculture, Nutrition and Forestry portation, Treasury, The Judiciary, Housing and was discharged from further consideration of S. 643, Urban Development, and Related Agencies con- to amend the Agricultural Credit Act of 1987 to re- cluded a hearing to examine proposed budget esti- authorize State mediation programs, and the bill was mates for fiscal year 2006, after receiving testimony in behalf of funds for the respective activities of then passed. Page S4138 Joshua B. Bolten, Director, Office of Management Nominations Confirmed: Senate confirmed the fol- and Budget. lowing nominations: METHAMPHETAMINE ABUSE By 98 yeas 2 nays (Vote No. 107), John D. Negroponte, of New York, to be Director of Na- Committee on Appropriations: Subcommittee on Labor, tional Intelligence. Pages S4052–74, S4084 Health and Human Services, Education, and Related Lieutenant General Michael V. Hayden, United Agencies concluded a hearing to examine meth- States Air Force, to be Principal Deputy Director of amphetamine abuse, focusing on behavioral and National Intelligence. health effects of the drug, and prevention and treat- ment strategies, after receiving testimony from 1 Air Force nomination in the rank of general. Charles G. Curie, Administrator, Substance Abuse Pages S4086, S4138 and Mental Health Services Administration, and Nominations Received: Senate received the fol- Nora D. Volkow, Director, National Institute on lowing nominations: Drug Abuse, National Institutes of Health, both of 2 Army nominations in the rank of general. the Department of Health and Human Services; 1 Marine Corps nomination in the rank of general. Vicki Sickels, Iowa Lutheran Hospital, Des Moines; A routine list in the Navy. Page S4138 and Richard E. Steinberg, WestCare Foundation, Inc., Sylva, North Carolina. Messages From the House: Page S4106 Nominations: Measures Referred: Page S4106 Committee on Armed Services: Committee ordered favor- Measures Read First Time: Pages S4137–38 ably reported the nomination of Lieutenant General Executive Communications: Pages S4106–08 Michael V. Hayden, United States Air Force, for ap- pointment to the grade of general. Executive Reports of Committees: Page S4108 Prior to this action, committee concluded a hear- Additional Cosponsors: Pages S4109–10 ing to examine the nominations of Kenneth J. Statements on Introduced Bills/Resolutions: Krieg, of Virginia, to be Under Secretary of Defense Pages S4110–35 for Acquisition, Technology, and Logistics, who was introduced by Senator Sununu; and Lieutenant Gen- Additional Statements: Pages S4104–06 eral Michael V. Hayden (listed above), who was in- Amendments Submitted: Pages S4135–36 troduced by Senators Roberts and Collins, after each nominee testified and answered questions in their Notices of Hearings/Meetings: Page S4136 own behalf. Authority for Committees to Meet: Page S4137 DOD HEALTH CARE COSTS Record Votes: Three record votes were taken today. Committee on Armed Services: Subcommittee on Per- (Total—109) Pages S4084, S4086, S4093–94 sonnel concluded a hearing to examine present and Adjournment: Senate convened at 9:30 a.m., and future costs of Department of Defense health care, adjourned at 5:58 p.m., until 9:30 a.m., on Friday, and national health care trends in the civilian sector, April 22, 2005. (For Senate’s program, see the re- after receiving testimony from Senator Coburn; marks of the Majority Leader in today’s Record on David S.C. Chu, Under Secretary for Personnel and page S4138.) Readiness, and William Winkenwerder, Jr., Assist- ant Secretary for Health Affairs, both of the Depart- ment of Defense; David Blumenthal, Massachusetts General Hospital Institute for Health Policy, and Harvard Medical School, Boston; Robert S. Galvin,

VerDate Aug 04 2004 06:03 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D21AP5.REC D21AP5 April 21, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D385 General Electric Company, Stamford, Connecticut; with the rank of Ambassador, after the nominee, and Susan D. Hosek, Rand Corporation, Santa who was introduced by Senators DeWine, Voinovich, Monica, California. and Bunning, testified and answered questions in his HOUSING GOVERNMENT-SPONSORED own behalf. ENTERPRISES DEVELOPMENT BANK ANTI-CORRUPTION Committee on Banking, Housing, and Urban Affairs: Committee on Foreign Relations: Committee concluded Committee concluded hearings to examine proposals a hearing to examine anti-corruption strategies of the to improve the regulation of Housing Government- African Development Bank, Asian Development Sponsored Enterprises, focusing on proposed policies Bank and European Bank on Reconstruction and De- to improve the balance of federal costs and benefits velopment, focusing on corporate culture and envi- from the operations of Fannie Mae, Freddie Mac, and ronment that features enhanced corporate govern- the Federal Home Loan Banks, after receiving testi- ance, internal controls and compliance that promotes mony from Douglas Holtz-Eakin, Director, Congres- good governance in its countries of operation, after sional Budget Office; David M. Walker, Comptroller receiving testimony from Paul W. Speltz, Asian De- General of the United States, Government Account- velopment Bank, Manila, Philippines; Mark Sullivan, ability Office; Armando Falcon, Jr., Director, Office III, European Bank for Reconstruction and Develop- of Federal Housing Enterprise Oversight, Depart- ment, London, United Kingdom; Hemantha ment of Housing and Urban Development; and Ron- Withanage, Center for Environmental Justice, and ald A. Rosenfeld, Chairman, Federal Housing Fi- Sri Lankan Working Group on Trade and Inter- nance Board. national Financial Institutions, Colombo, Sri Lanka; and Ted Devine, Government Accountability HUD: BUDGET Project, Washington, D.C. Committee on Banking, Housing, and Urban Affairs: FEDERAL WORKFORCE FLEXIBILITIES Subcommittee on Housing and Transportation con- cluded a hearing to examine the President’s proposed Committee on Homeland Security and Governmental Af- budget request for fiscal year 2006 for the Depart- fairs: Subcommittee on Oversight of Government ment of Housing and Urban Development, after re- Management, the Federal Workforce, and the Dis- ceiving testimony from Alphonso Jackson, Secretary trict of Columbia concluded an oversight hearing to of Housing and Urban Development. examine governmentwide workforce flexibilities available to federal agencies including the implemen- BUDGET PROCESS REFORM tation, use by agencies, and training and education Committee on the Budget: Committee concluded a hear- related to using the new flexibilities, after receiving ing to examine structural deficits and federal budget testimony from Marta Brito Perez, Associate Director process reform, focusing on the United States econ- for Human Capital Leadership and Merit System Ac- omy, procedural restraints on budget-making mecha- countability, Office of Personnel Management; Eileen nisms, the aging U.S. population, and medical care R. Larence, Director, Strategic Issues, Government costs, after receiving testimony from Alan Green- Accountability Office; Jeffery K. Nulf, Deputy As- span, Chairman, Board of Governors of the Federal sistant Secretary of Commerce for Administration; Reserve System. Evelyn M. White, Acting Assistant Secretary of Health and Human Services for Administration and AMTRAK REAUTHORIZATION Management; Rafael DeLeon, Director, Office of Committee on Commerce, Science, and Transportation: Sub- Human Resources, Environmental Protection Agen- committee on Surface Transportation and Merchant cy; and Vicki A. Novak, Assistant Administrator for Marine concluded a hearing to examine the proposed Human Capital Management and Chief Human Cap- reauthorization of Amtrak, focusing on intercity pas- ital Officer, National Aeronautics and Space Admin- senger rail service reform, after receiving testimony istration. from Jeffrey A. Rosen, General Counsel, and Ken- PRESIDENT’S MANAGEMENT AGENDA neth M. Mead, Inspector General, both of the De- partment of Transportation; and David M. Laney and Committee on Homeland Security and Governmental Af- David L. Gunn, both of the National Railroad Pas- fairs: Subcommittee on Federal Financial Manage- senger Corporation (Amtrak). ment, Government Information, and International Security concluded a hearing to examine the Presi- NOMINATION dent’s Management Agenda, including Federal finan- Committee on Finance: Committee concluded a hearing cial performance, best practices, and program ac- to examine the nomination of Robert J. Portman, of countability, after receiving testimony from David Ohio, to be United States Trade Representative, M. Walker, Comptroller General of the United

VerDate Aug 04 2004 06:03 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D21AP5.REC D21AP5 D386 CONGRESSIONAL RECORD — DAILY DIGEST April 21, 2005

States, Government Accountability Office; and Clay Blake, Ward & Blake Architects, Jackson, Wyo- Johnson, III, Deputy Director for Management, Of- ming, on behalf of the National Federation of Inde- fice of Management and Budget. pendent Business; Joseph E. Rossmann, Associated EARLY EDUCATION Builders and Contractors, Inc., Arlington, Virginia, on behalf of the Association Health Plan Coalition; Committee on Health, Education, Labor, and Pensions: Karen Ignagni, America’s Health Insurance Plans, On Wednesday, April 20, 2005, Subcommittee on Washington, D.C. Education and Early Childhood Development held a hearing to examine the Federal role to improve the BUSINESS MEETING effectiveness and coordination of early childhood Committee on the Judiciary: Committee ordered favor- education programs, including the Head Start pro- ably reported the following business items: gram, the Child Care and Development Fund S. 378, to make it a criminal act to willfully use (CCDF), and increasing food security and reducing a weapon with the intent to cause death or serious hunger, receiving testimony from Wade F. Horn, bodily injury to any person while on board a pas- Assistant Secretary of Health and Human Services senger vessel, with an amendment in the nature of for Children and Families; Raymond Simon, Assist- ant Secretary of Education for Elementary and Sec- a substitute; ondary Education; and Kate Coler, Deputy Under S. 629, to amend chapter 97 of title 18, United Secretary of Agriculture for Food, Nutrition, and States Code, relating to protecting against attacks on Consumer Services. railroads and other mass transportation systems, with Hearing recessed subject to the call. an amendment; S. 339, to reaffirm the authority of States to regu- SMALL BUSINESS HEALTH FAIRNESS ACT late certain hunting and fishing activities; and Committee on Health, Education, Labor, and Pensions: The nominations of Priscilla Richman Owen, of Committee concluded a hearing to examine easing Texas, to be United States Circuit Judge for the costs and expanding access relating to small busi- Fifth Circuit, and Janice R. Brown, of California, to nesses and health insurance, focusing on S. 406, to be United States Circuit Judge for the District of amend title I of the Employee Retirement Security Columbia Circuit. Act of 1974 to improve access and choice for entre- preneurs with small businesses with respect to med- INTELLIGENCE ical care for their employees, after receiving testi- Select Committee on Intelligence: Committee held closed mony from Sandy Praeger, Commissioner of Insur- hearings on intelligence matters, receiving testimony ance, Topeka, Kansas, on behalf of the National As- from officials of the intelligence community. sociation of Insurance Commissioners; Mitchell Committee recessed subject to call. h House of Representatives H.R. 748, to amend title 18, United States Code, Chamber Action to prevent the transportation of minors in cir- Measures Introduced: 64 public bills, H.R. cumvention of certain laws relating to abortion, 1748–1811; and; 11 resolutions, H.J. Res. 43; H. amended (H. Rept. 109–51); Con. Res. 137–138, and H. Res. 224–231 were in- H. Res. 22, expressing the sense of the House of troduced. Pages H2469–72 Representatives that American small businesses are Additional Cosponsors: Pages H2472–74 entitled to a Small Business Bill of Rights, amended (H. Rept. 109–52). Page H2469 Reports Filed: Reports were filed today as follows: H.R. 741, to amend the Occupational Safety and Speaker: Read a letter from the Speaker wherein he Health Act of 1970 to provide for judicial deference appointed Representative Miller of Michigan to act to conclusions of law determined by the Occupa- as Speaker Pro Tempore for today. Page H2397 tional Safety and Health Review Commission with Chaplain: The prayer was offered today by Bishop respect to an order issued by the Commission, Vicken Aykazian, The Armenian Catholic Church of amended (H. Rept. 109–50); America in Washington D.C. Page H2397

VerDate Aug 04 2004 06:03 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D21AP5.REC D21AP5 April 21, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D387 Energy Policy Act of 2005: The House passed H.R. potential fuel savings from information technology 6, to ensure jobs for our future with secure, afford- systems designed to help businesses and consumers able, and reliable energy, by a recorded vote of 249 to plan their travel and avoid delays; Page H2416 ayes to 183 noes, Roll No. 132. Pages H2399–H2450 Inslee amendment (No. 28 printed in H. Rept. Agreed by unanimous consent that debate on the 109–49) that reduces by 50% any royalty payments Capps motion to strike be limited to 30 minutes. for wind energy generation on land managed by the Page H2415 Bureau of Land Management; and Pages H2427–28 Agreed to: Kucinich amendment (No. 25 printed in H. Rept. Ford amendment (No. 16 printed in H. Rept. 109–49) that authorizes a National Academy of 109–49) that authorizes the EPA to establish a pro- Sciences study on the feasibility of mustard seed as gram to encourage the domestic production of hy- a feedstock for biodiesel (by a recorded vote of 259 brid and advanced diesel vehicles; Pages H2401–02 ayes to 171 noes, Roll No. 127). Kucinich amendment (No. 17 printed in H. Rept. Pages H2415–16, H2435 109–49), as modified, that increases the number of Rejected: project grants to local governments under the pilot Udall of New Mexico (No. 15 printed in H. Rept. program for the Department of Energy’s Clean Cities 109–49) that sought to strike the provision that au- program, and reduces the maximum dollar amount thorizes $10 million annually for three fiscal years of grants; Pages H2402–03 for a program to identify, test, and develop im- Millender-McDonald amendment (No. 18 printed proved techniques for mining uranium and for envi- in H. Rept. 109–49) that establishes a Diesel Truck ronmentally restoring uranium-mine sites (by a re- Retrofit and Fleet Modernization Program; corded vote of 204 ayes to 225 noes, Roll No. 124); Pages H2403–04 Pages H2399–H2401, H2413–14 Blumenauer amendment (No. 19 printed in H. Grijalva amendment (No. 27 printed in H. Rept. Rept. 109–49) that establishes a Conserve by Bicy- 109–49) that sought to strike the section which re- cling pilot program within the Department of quires the Secretary of the Interior to suspend the Transportation; Pages H2404–06 collection of royalty payments to the Treasury for Jackson-Lee amendment (No. 20 printed in H. offshore oil and gas production on the Outer Conti- Rept. 109–49) that earmarks $5 million annually for nental Shelf in the Gulf of Mexico (by a recorded bioenergy training and education targeted to minor- vote of 203 yeas to 227 noes, Roll No. 128); ity and socially disadvantaged farmers and ranchers; Pages H2416–18, H2435–36 Pages H2406–07 Capps motion to strike section 1502 regarding Tom Davis of Virginia amendment (No. 21 print- MTBE (by a recorded vote of 213 ayes to 219 noes, ed in H. Rept. 109–49) that strikes the provision Roll No. 129); Pages H2418–27, H2436–37 that would create two new, Senate-confirmed, assist- Hastings of Florida amendment (No. 29 printed ant secretary positions in the Energy Department in H. Rept. 109–49) that sought to expand the defi- (agreed to extend the time for debate); nition of environmental justice, direct each Federal Pages H2407–09 Agency to establish an office of environmental jus- Walsh amendment (No. 22 printed in H. Rept. tice, and reestablish the interagency Federal Work- 109–49) that establishes an annual award for organi- ing Group on Environmental Justice (by a recorded zations that have advanced the field of renewable en- vote of 185 ayes to 243 noes, Roll No. 130); and ergy technology; Pages H2409–10 Pages H2428–31, H2437 Engel amendment (No. 23 printed in H. Rept. Castle amendment (No. 30 printed in H. Rept. 109–49) that makes producers of ‘‘approved renew- 109–49) that sought to strike a provision that speci- able fuels’’ eligible for grants to build production fa- fies the Federal Energy Regulatory Commission, in- cilities for renewable fuels (by a recorded vote of 239 stead of state and local agencies, has the authority to ayes to 190 noes, Roll No. 125); approve the construction, expansion, or operation of Pages H2410–12, H2414 any facility that imports or processes natural gas in- Israel amendment (No. 24 printed in H. Rept. cluding liquefied natural gas (agreed to extend time 109–49) that requires the Comptroller General of for debate) (by a recorded vote of 194 ayes to 237 the U.S. to conduct a study on the impact of the noes, Roll No. 131. Pages H2431–35, H2437–38 consolidation of gasoline wholesales on the gasoline Agreed that in the engrossment of the bill, the retail market (by a recorded vote of 302 ayes to 128 Clerk be authorized to make technical and con- noes, Roll No. 126); Pages H2412–13, H2414–15 forming changes as may be necessary to reflect the Holt amendment (No. 26 printed in H. Rept. actions of the House. Pages H2452 109–49) that requires the Secretary of Energy, with- H. Res. 219, the rule providing for consideration in two years of enactment, to report to Congress on of the bill was agreed to yesterday, April 20.

VerDate Aug 04 2004 06:03 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D21AP5.REC D21AP5 D388 CONGRESSIONAL RECORD — DAILY DIGEST April 21, 2005 Meeting Hour: Agreed that when the House ad- a hearing on International Organizations. Testimony journs today, it adjourn to meet at noon on Monday, was heard from Kim R. Holmes. Assistant Secretary, April 25, and further, that when the House adjourns International Organization Affairs, Department of on that day, it adjourn to meet at 12:30 p.m. on State. Tuesday, April 26 for Morning Hour debate. Page H2450 EARLY CHILDHOOD EDUCATION Calendar Wednesday: Agreed to dispense with the Committee on Education and the Workforce: Sub- Calendar Wednesday business of Wednesday, April committee on Education Reform held a hearing on 27. Page H2450 Early Childhood Education: Improvement Through Quorum Calls—Votes: Nine recorded votes devel- Integration. Testimony was heard from Marsha oped during the proceedings today and appear on Moore, Commissioner, Department of Early Care and pages H2413–14, H2414, H2414–15, H2435, Learning, State of Georgia; and public witnesses. H2435–36, H2436–37, H2437, H2437–38, and H2449–50. There were no quorum calls. SARBANES-OXLEY IMPACT Adjournment: The House met at 10 a.m. and ad- Committee on Financial Services: Held a hearing enti- journed at 7:28 p.m. tled ‘‘The Impact of the Sarbanes-Oxley Act.’’ Testi- mony was heard from William H. Donaldson, Chair- Committee Meetings man, SEC; and a public witness. SECURE RURAL SCHOOLS ACT OMB MANAGEMENT WATCH LIST IMPLEMENTATION Committee on Government Reform: Held a hearing enti- Committee on Agriculture: Held a hearing to review tled ‘‘OMB Management Watch List: $65 Billion Implementation of the Secure Rural Schools Act of Reasons to Ensure the Federal Government is Effec- 2000: A Continuing Commitment to Rural Edu- tively Managing Information Technology Invest- cation and Sustainable Forestry. Testimony was heard ments.’’ Testimony was heard from Karen Evans, from Mark E. Rey, Under Secretary, Natural Re- Administrator, Electronic Government and Informa- sources and Environment, USDA; and public wit- tion Technology, OMB; David Powner, Director, In- nesses. formation Technology Management Issues, GAO; DEPARTMENT OF LABOR, HHS, Dan Matthews, Chief Information Officer, Depart- EDUCATION, AND RELATED AGENCIES ment of Transportation; Robert McFarland, Assistant APPROPRIATIONS Secretary, Information Technology, Department of Veterans Affairs; Rosita Parkes, Chief Information Committee on Appropriations: Subcommittee on the De- Officer, Department of Energy, and Lisa Schlosser, partment of Labor, Health and Human Services, Chief Information Officer, Department of Housing Education, and Related Agencies continued appro- and Urban Development. priation hearings. Testimony was heard from public witnesses. FASTER AND SMARTER FUNDING FOR DEPARTMENTS OF TRANSPORTATION, FIRST RESPONDERS ACT TREASURY, AND HUD, THE JUDICIARY, Committee on Homeland Security: Ordered reported, as DISTRICT OF COLUMBIA, AND amended, H.R. 1544, Faster and Smarter Funding INDEPENDENT AGENCIES for First Responders Act of 2005. APPROPRIATIONS Committee on Appropriations: Subcommittee on the De- COMMITTEE FUNDING RESOLUTION partments of Transportation, Treasury, and Housing Committee on House Administration: Ordered reported and Urban Development, the Judiciary, District of H. Res. 224, providing for the expenses of certain Columbia, and Independent Agencies held a hearing committees of the House of Representatives in the on the Department of the Treasury. Testimony was One Hundred Ninth Congress. heard from John W. Snow, Secretary of the Treasury. SCIENCE, THE DEPARTMENTS OF STATE, ARAB WORLD—POLITICAL JUSTICE, AND COMMERCE, AND RELATED LIBERALIZATION AGENCIES APPROPRIATIONS Committee on International Relations: Held a hearing on Committee on Appropriations: Subcommittee on Science, Redefining Boundaries: Political Liberalization in the the Departments of State, Justice, and Commerce, Arab World. Testimony was heard from public wit- and Related Agencies, on Department of State held nesses.

VerDate Aug 04 2004 06:03 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D21AP5.REC D21AP5 April 21, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D389

ZIMBABWE ELECTIONS America Free Trade Agreement (DR–CAFTA). Tes- Committee on International Relations: Subcommittee on timony was heard from Representatives Burton, Africa, Global Human Rights and International Op- Dreier, Kaptur, DeFazio, Peterson of Minnesota, erations held a hearing on Zimbabwe: Prospects for Lungren and Melancon; Peter F. Allgeier, Acting Democracy after the March 2005 Elections. Testi- U.S. Trade Representative; and public witnesses. mony was heard from Constance Berry Newman, As- sistant Secretary, Bureau of African Affairs, Depart- ment of State; and public witnesses. Joint Meetings OVERSIGHT—USA PATRIOT ACT VETERANS PROGRAMS Committee on the Judiciary: Subcommittee on Crime, Joint Hearing: Senate Committee on Veterans’ Affairs Terrorism, and Homeland Security held an oversight concluded joint hearings with the House Committee hearing on the Implementation of the USA PA- on Veterans’ Affairs to review the legislative rec- TRIOT Act: Sections of the Act that Address— ommendations of certain veterans organizations, after Crime, Terrorism, and the Age of Technology. Testi- receiving testimony from LeRoy Riddell, NCC (SW), mony was heard from the following officials of the USN (Ret.), Retired Enlisted Association, Penny Department of Justice: Laura H. Parsky, Deputy As- Splinter, Gold Star Wives, George R. Kaye, and Jo- sistant Attorney General; and Steven M. Martinez, seph L. Barnes, both of the Fleet Reserve Associa- Deputy Assistant Director, Cyber Division, FBI; and tion, and Chief Master Sergeant James E. Lokovic, public witnesses. USAF (Ret.), Air Force Sergeants Association, all of OVERSIGHT—VISA WAIVER PROGRAM Washington, D.C. Committee on the Judiciary: Subcommittee on Immi- gration, Border Security, and Claims held an over- BUSINESS MEETING sight hearing entitled ‘‘October, 2005 deadline for Joint Committee on Printing: Committee met and des- Visa Waiver Program Countries to produce Secure ignated Senator Lott as Chairman and Representative Passports: Why it matters to Homeland Security.’’ Ney as Vice-Chairman, and adopted its rules of pro- Testimony was heard from the following officials of cedure for the 109th Congress. the Department of Homeland Security: Elaine f Dezenski, Acting Assistant Secretary, Policy and Planning, Border and Transportation Security Direc- NEW PUBLIC LAWS torate; and Richard L. Skinner, Acting Inspector General; and public witnesses. (For last listing of Public Laws, see DAILY DIGEST, p. D 358) S. 256, to amend title 11 of the United States OVERSIGHT—NATIONAL HISTORIC Code. Signed on April 20, 2005. (P.L. 109–8) PRESERVATION ACT f Committee on Resources: Subcommittee on National Parks held an oversight hearing on the National COMMITTEE MEETINGS FOR FRIDAY, Historic Preservation Act. Testimony was heard from APRIL 22, 2005 Jan Matthews, Associate Director, Cultural Re- sources, National Park Service, Department of the (Committee meetings are open unless otherwise indicated) Interior; John Nau, Chairman, Advisory Council on Historic Preservation; and public witnesses. Senate SMALL BUSINESS GROWTH Committee on Armed Services: Subcommittee on Emerging Threats and Capabilities, to hold hearings to examine Committee on Small Business: Subcommittee on Work- United States Special Operations Command in review of force, Empowerment, and Government Programs the Defense Authorization Request for Fiscal Year 2006; held a hearing entitled ‘‘Removing Obstacles to Job to be followed by a closed session in S–407, Capitol, 9:30 Creation: How Can the Federal Government Help a.m., SR–222. Small Businesses Revitalize the Economy?’’ Testi- mony was heard from public witnesses. House CAFTA IMPLEMENTATION Committee on Government Reform, Subcommittee on Criminal Justice, Drug Policy and Human Resources, Committee on Ways and Means: Held a hearing on Im- hearing entitled ‘‘The National Parks: Will They Survive plementation of the Dominican Republic-Central for Future Generations?’’ 10 a.m., 2154 Rayburn.

VerDate Aug 04 2004 06:03 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D21AP5.REC D21AP5 D390 CONGRESSIONAL RECORD — DAILY DIGEST April 21, 2005

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, April 22 12 noon, Monday, April 25

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Monday: The House will meet at 12 noon ing business. on Monday in pro forma session.

Extensions of Remarks, as inserted in this issue

HOUSE Graves, Sam, Mo., E711, E712, E713, E714, E715, E716, Oberstar, James L., Minn., E726 E718 Ortiz, Solomon P., Tex., E719 Andrews, Robert E., N.J., E713 Green, Gene, Tex., E731 Pastor, Ed, Ariz., E725 Baca, Joe, Calif., E712 Green, Mark, Wisc., E715 Payne, Donald M., N.J., E727, E728, E729, E730 Baker, Richard H., La., E713 Hyde, Henry J., Ill., E725 Pelosi, Nancy, Calif., E720 Bilirakis, Michael, Fla., E724 Israel, Steve, N.Y., E723 Bonner, Jo, Ala., E727 Kennedy, Patrick J., R.I., E720, E721 Price, David E., N.C., E714 Cantor, Eric, Va., E721 Kildee, Dale E., Mich., E719, E721 Rangel, Charles B., N.Y., E717 Capps, Lois, Calif., E723 King, Steve, Iowa, E722 Rogers, Mike, Ala., E722 Cuellar, Henry, Tex., E711, E713, E713, E714, E715, Kucinich, Dennis J., Ohio, E718 Rothman, Steven R., N.J., E712 E717 Langevin, James R., R.I., E715 Ruppersberger, C.A. Dutch, Md., E724 Davis, Lincoln, Tenn., E725 McCollum, Betty, Minn., E711, E719 Schiff, Adam B., Calif., E728, E730 Dingell, John D., Mich., E717 McMorris, Cathy, Wash., E714 Shaw, E. Clay, Jr., Fla., E720 Eshoo, Anna G., Calif., E724 Maloney, Carolyn B., N.Y., E728, E729 Stearns, Cliff, Fla., E712 Farr, Sam, Calif., E723 Matsui, Doris O., Calif., E716 Thompson, Mike, Calif., E728, E729, E730 Forbes, J. Randy, Va., E721 Menendez, Robert, N.J., E711, E719, E720, E726 Garrett, Scott, N.J., E713 Miller, Jeff, Fla., E718 Wicker, Roger F., Miss., E725 Gordon, Bart, Tenn., E726 Moore, Gwen, Wisc., E728, E729, E730 Wilson, Joe, S.C., E731

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Aug 04 2004 06:03 Apr 22, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0664 Sfmt 0664 E:\CR\FM\D21AP5.REC D21AP5