Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST SESSION

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, TUESDAY, FEBRUARY 8, 2005 No. 12 House of Representatives The House met at 2 p.m. lic for which it stands, one nation under God, Federal Government should restrict The Chaplain, the Reverend Daniel P. indivisible, with liberty and justice for all. terrorists’ freedom of movement be- Coughlin, offered the following prayer: f cause without it, we learn on page 65, Lord God, strong to save, on Super ‘‘terrorists cannot plan, conduct sur- Bowl Sunday as Americans settled in BORDER SECURITY IS HOMELAND SECURITY veillance, hold meetings, train for to watch the annual spectacle of a foot- their mission, or execute an attack. ball game, the face of the Nation was (Mr. DELAY asked and was given per- ‘‘Today more than 9 million people mirrored on our television screens and mission to address the House for 1 are in the United States outside the projected across the world just as it minute.) legal immigration system,’’ we read on began. Mr. DELAY. Mr. Speaker, border se- page 390. Was America the Beautiful ever ren- curity is homeland security. It is odd ‘‘Once in the United States,’’ the dered more beautiful than when a host we even need reminding about that fact commission says on page 49, ‘‘terrorists of blind students was witnessed singing especially after 9/11. But just as home- tried to get legal immigration status and signing for a deaf world? land security is national security, so that would permit them to stay here, Our national anthem followed, sung border security is homeland security. primarily by committing serial, or re- by a combined choir formed of the var- It is really simple, Mr. Speaker. There peated, immigration fraud by claiming ious branches of America’s military are violent men who wish to commit political asylum. Immigration cases forces held in high-range restraint. atrocities against innocent Americans; against suspected terrorists are often Here, Lord, was vulnerability and and most of them, not all, but most of mired for years in bureaucratic strug- strength. Here honesty, bravery, and them come from outside the United gles over alien rights and the adequacy grace were brought together in har- States. The 19 men who hijacked com- of evidence. mony. Justice and mercy embraced be- mercial passenger planes on September ‘‘There is also evidence,’’ we learn on fore the silent millions and You, our 11, 2001, to fly them into American page 64, ‘‘that terrorists used human God, were glorified in our humanity. buildings to perpetrate mass murder smugglers to sneak across borders.’’ May the strains of America’s moving exploited our porous borders and ulti- In other words, Mr. Speaker, there song penetrate this Chamber, guide mately succeeded in their mission of are gaping holes in our border security this session of Congress, and bring into evil. system that, 3 years after 9/11, still re- focus the voice of the future and invite Since that time, we have made nu- main untouched by any reform. This the participation of all in the work of merous reforms to numerous programs week, the House will finally consider democracy. For You are our hope and and agencies and systems to prevent the kind of reforms our border security salvation, now and forever. such exploitation and such treachery system desperately needs, reforms Amen. from ever again bloodying our soil. called for in the 9/11 Commission’s re- f But, Mr. Speaker, the job is not done. port, reforms American families de- THE JOURNAL The job is not near done. The holes mand and deserve. that remain in our border security sys- The SPEAKER. The Chair has exam- Border security is homeland security, tems are not small; they are gaping. ined the Journal of the last day’s pro- and this week we will begin the process And they are glaring to our terrorist ceedings and announces to the House of saying so in the law. enemies. They are coming for us, Mr. his approval thereof. f Speaker, and politics will not stop Pursuant to clause 1, rule I, the Jour- VETERANS AFFAIRS BUDGET nal stands approved. them. What will? Last year, Congress asked the bipar- (Ms. SOLIS asked and was given per- f tisan 9/11 Commission that very ques- mission to address the House for 1 PLEDGE OF ALLEGIANCE tion, and here is what they said in minute and to revise and extend her re- The SPEAKER. Will the gentle- their report: ‘‘The Federal Govern- marks.) woman from California (Ms. SOLIS) ment,’’ the report reads, on page 390, Ms. SOLIS. Mr. Speaker, today I rise come forward and lead the House in the ‘‘should set standards for the issuances concerning the budget cuts President Pledge of Allegiance. of birth certificates and sources of Bush has proposed on the Department Ms. SOLIS led the Pledge of Alle- identification such as driver’s li- of Veterans Affairs. It is nothing more giance as follows: censes.’’ than a smoke screen to make the over- I pledge allegiance to the Flag of the Fraud in identification documents is all budget numbers look better while United States of America, and to the Repub- no longer just a problem of theft. The veterans are going to have to shoulder

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

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VerDate jul 14 2003 02:13 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.000 H08PT1 H356 CONGRESSIONAL RECORD — HOUSE February 8, 2005 most of those costs. The budget makes The President’s proposed budget will I strongly support the legislation of- veterans pay $250 to enroll in health also save an additional $137 billion in fered by the gentleman from Arizona services and doubles their copayments spending during the next 10 years. I (Mr. FLAKE) entitled United Nations for prescription drugs, changes which look forward to working with the Oil-for-Food Accountability Act. This will affect more than 2 million vet- President and Congress to craft a budg- legislation would require the United erans. It makes veterans wait longer et that will cut our Federal budget in States to withhold a portion of its U.N. for claims to be processed, delaying half by 2009 and improve our economy. contributions until the U.N. fully covery vital medical services. It provides f operates with the Oil-for-Food inves- a dismal 1.7 percent increase in fund- tigation. American taxpayer dollars PELL GRANTS ing, far from the 14 percent the Vet- should not support programs or people erans Affairs Department really needs (Mr. KELLER asked and was given who obstruct our efforts to promote de- to sustain its current services. permission to address the House for 1 mocracy and spread freedom through- President Bush’s budget also forgets minute and to revise and extend his re- out the world. about the new veterans serving abroad. marks.) In conclusion, may God bless our Over 1,400 have been killed, 11,000 in- Mr. KELLER. Mr. Speaker, I rise troops, and we will never forget Sep- jured, and 10 in my district alone have today to speak in favor of a part of tember 11. President Bush’s budget that receives been killed. These military families are f struggling right now. They lack mental no fanfare or publicity, and that is Pell health care and other needed services grants. COMMUNICATION FROM THE Pell grants are dollars we give to such as bilingual services. They also CLERK OF THE HOUSE children from low- and moderate-in- lack burial funds. Let us keep our com- come families to help them go to col- The SPEAKER pro tempore (Mr. mitment and not cut back the budget. lege. I personally would not have been STEARNS) laid before the House the fol- f able to go to college without Pell lowing communication from the Clerk of the House of Representatives: NEVER GIVE UP grants, and I serve as chairman of the HOUSE OF REPRESENTATIVES, (Mr. COBLE asked and was given per- Congressional Pell Grant Caucus. When I was elected to Congress in Washington, DC, February 7, 2005. mission to address the House for 1 2000, I made increasing Pell grant fund- Hon. J. DENNIS HASTERT, minute and to revise and extend his re- Speaker, House of Representatives, ing my top priority, and with this Washington, DC. marks.) budget, President Bush has done his Mr. COBLE. Mr. Speaker, last week DEAR MR. SPEAKER: Pursuant to the per- part, too. mission granted in Clause 2(h) of Rule II of in Ashland, Virginia, Randolph Macon Looking at this chart, let us compare College hosted Guilford College for a the Rules of the U.S. House of Representa- the funding situation in 2000 to the new tives, I have the honor to transmit a sealed collegiate basketball game. With the budget proposal. Overall funding has envelope received from the White House on game tied in overtime and six-tenths of increased 137 percent. Maximum Pell February 7, 2005 at 1 p.m. and said to contain a second remaining, a Randolph Macon grant awards are up from $3,300 to a message from the President whereby he player was awarded two free throws. He $4,150, and an additional 1.6 million transits the Budget of the United States converted his first one and inten- students are now able to go to college. Government for Fiscal Year 2006 (copy en- tionally missed the second, concluding Mr. Speaker, Pell grants are truly closed). With best wishes, I am that time did not permit Guilford to the passport out of poverty for so many make a play. Sincerely, worthy young people, and I urge my JEFF TRANDAHL, Normally, that would have been colleagues to vote ‘‘yes’’ on this budg- Clerk of the House. sound strategy, but Guilford’s Jordan et. Attachment. Snipes grabbed the rebound and des- f perately heaved the ball the length of f the court. Nothing but net and Guil- HELPING THE IRAQI PEOPLE FISCAL YEAR 2006 BUDGET OF THE ford won on the shot seen around the (Mr. WILSON of South Carolina UNITED STATES GOVERNMENT— world. asked and was given permission to ad- MESSAGE FROM THE PRESIDENT The moral of the story: whether in dress the House for 1 minute and to re- OF THE UNITED STATES (H. DOC. athletics or in life, even with the odds vise and extend his remarks.) NO. 109–2) overwhelmingly stacked against you, Mr. WILSON of South Carolina. Mr. The SPEAKER pro tempore laid be- do not quit. Do not give up, there is al- Speaker, tomorrow the International fore the House the following message ways a chance, even though remote, to Relations Subcommittee on Oversight from the President of the United prevail. and Investigation is scheduled to re- States; which was read and, without f view the Volcker Interim Report on objection, referred to the Committee the United Nations Oil-For-Food Pro- on Appropriations and ordered printed: 2006 BUDGET IS FISCALLY gram. I would like to thank the gen- RESPONSIBLE THE BUDGET MESSAGE OF THE PRESIDENT tleman from Illinois (Chairman HYDE) (Ms. FOXX asked and was given per- and the gentleman from California (Mr. Over the previous four years, we have mission to address the House for 1 ROHRABACHER), the subcommittee acted to restore economic growth, win minute and to revise and extend her re- chairman, for their leadership on this the War on Terror, protect the home- marks.) important issue. land, improve our schools, rally the ar- Ms. FOXX. Mr. Speaker, I commend While the United States prides itself mies of compassion, and promote own- President Bush for proposing a fiscally as being ‘‘the premier vehicle for fur- ership. The 2006 Budget will help Amer- responsible budget that will rein in thering development in poorer coun- ica continue to meet these goals. In Federal spending and protect our top tries,’’ its Oil-For-Food Program alleg- order to sustain our economic expan- priorities, such as national defense, edly furthered Saddam Hussein’s dicta- sion, we must continue pro-growth homeland security, and job creation. torship over the Iraqi people. During policies and enforce even greater While we may have some differences my travels to Iraq, I have seen the nu- spending restraint across the Federal of opinion on a few of the details, I be- merous palaces of Saddam Hussein and Government. By holding Federal pro- lieve the President’s budget is a good the devastation his rule left on the peo- grams to a firm test of accountability first step in the right direction. I am ple of Iraq. and focusing our resources on top pri- encouraged that he wants to hold Fed- I am outraged to think a U.N.-spon- orities, we are taking the steps nec- eral programs to a firm test of ac- sored program designed to help the essary to achieve our deficit reduction countability and eliminate programs Iraqi people was so easily corrupted goals. that no longer serve their intended and manipulated to serve the dictator- Our Nation’s most critical challenge purpose or perform a vital function. ship’s interests. The diverted funds since September 11, 2001, has been to This action alone will save over $20 bil- should be recovered for the people of protect the American people by fight- lion in 2006. Iraq. ing and winning the War on Terror.

VerDate jul 14 2003 02:13 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.003 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H357 Overseas and at home, our troops and to do so. My Administration is pressing The Clerk read as follows: homeland security officials are receiv- for reforms so that every program will H. RES. 46 ing the funding needed to protect our achieve its intended results. And where Whereas mentors serve as role models, ad- homeland, bring terrorists to justice, circumstances warrant, the 2006 Budget vocates, friends, and advisors to youth in eliminate terrorist safe havens and recommends significant spending re- need; training camps, and shut down their fi- ductions or outright elimination of Whereas mentoring is a proven, effective nancing. programs that are falling short. strategy that matches a caring, responsible In Afghanistan and Iraq, we are help- This Budget builds on the spending adult with a child to provide guidance and ing establish democratic institutions. restraint we have achieved, and will build confidence, stability, and direction for that child; Together with our coalition partners, improve the process by which the Con- Whereas research has shown that men- we are helping the Afghan and Iraqi gress and the Administration work to- toring has a definitive impact on young peo- people build schools, establish the rule gether to produce a budget that re- ple by increasing attendance at school, im- of law, create functioning economies, mains within sensible spending limits. proving rates of high-school graduation and and protect basic human rights. And In every year of my Administration, we college attendance, and decreasing involve- while the work is dangerous and dif- have brought down the growth in non- ment with drugs, alcohol, and violent behav- ficult, America’s efforts are helping security related discretionary spend- iors; promote societies that will serve as ing. This year, I propose to go further Whereas there are over 17.6 million children in this country who need or want a beacons of freedom in the Middle East. and reduce this category of spending by mentor, yet just 2.5 million young people are Free nations are peaceful nations and about one percent, and to hold the in mentoring relationships, leaving a ‘‘men- are far less likely to produce the kind growth in overall discretionary spend- toring gap’’ of 15.1 million young people; of terrorism that reached our shores ing including defense and homeland se- Whereas the establishment of a National just over three years ago. curity spending, to less than the rate Mentoring Month would emphasize the im- To ensure our security at home, the of inflation. I look forward to working portance of mentoring and recognize with 2006 Budget increases funding for anti- closely with the Congress to achieve praise and gratitude the many Americans al- terrorism investigations; border secu- these reductions and reforms. By doing ready involved in mentoring; rity; airport and seaport security; nu- Whereas a month-long celebration of men- so, we will remain on track to meet our toring would encourage more organizations— clear and radiological detection sys- goal to cut the deficit in half by 2009. such as schools, businesses, faith commu- tems and countermeasures; and im- Our greatest fiscal challenges are nities—and individuals to get involved in proved security for our food supply and created by the long-term unfunded mentoring; and drinking water. promises of our entitlement programs. Whereas the celebration of said month This Budget also promotes economic I will be working with the Congress to would, above all, encourage more individuals growth and opportunity. We must en- develop a Social Security reform plan to volunteer as mentors, helping close our sure that America remains the best that strengthens Social Security for Nation’s mentoring gap: Now, therefore, be place in the world to do business by it future generations, protects the bene- Resolved, That the House of Representa- keeping taxes low, promoting new fits of today’s retirees and near-retir- tives— trade agreements with other nations, ees, and provides ownership, choice, (1) supports the goals and ideals of Na- and protecting American businesses and the opportunity for today’s young tional Mentoring Month; from litigation abuse and overregula- workers to build a nest egg for their re- (2) praises the millions of caring adults tion. To make sure the entrepreneurial tirement. who have already committed their time and spirit remains strong, the Budget in- In the past four years, America has energy to mentor a child; and cludes important initiatives to help faced many challenges, both overseas (3) supports efforts to recruit more mentors in the United States. American businesses and families cope and at home. We have overcome these with the rising cost of health care. challenges not simply with our finan- The SPEAKER pro tempore. Pursu- This Budget funds important reforms cial resources, but with the qualities ant to the rule, the gentleman from in our schools, and promotes home- that have always made America great: Nebraska (Mr. OSBORNE) and the gentleman from Illinois (Mr. DAVIS) each ownership in our communities. In addi- creativity, resolve, and a caring spirit. will control 20 minutes. tion, the 2006 Budget supports the de- America has vast resources, but no re- The Chair recognizes the gentleman velopment of technology and innova- source is as abundant as the strength from Nebraska (Mr. OSBORNE). tion throughout our economy. of the American people. It is this GENERAL LEAVE The 2006 Budget also affirms the val- strength that will help us to continue Mr. OSBORNE. Mr. Speaker, I ask ues of our caring society. It promotes to prosper and meet any challenge that unanimous consent that all Members programs that are effectively providing lies before us. may have 5 legislative days within assistance to the most vulnerable GEORGE W. BUSH, among us. We are launching innovative February 7, 2005. which to revise and extend their re- programs such as Cover the Kids, marks on H. Res. 46. f The SPEAKER pro tempore. Is there which will expand health insurance 1415 objection to the request of the gen- coverage for needy children. We are b tleman from Nebraska? funding global initiatives with unprec- ANNOUNCEMENT BY THE SPEAKER There was no objection. edented resources to fight the HIV/ PRO TEMPORE Mr. OSBORNE. Mr. Speaker, I yield AIDS pandemic, respond to natural dis- The SPEAKER pro tempore (Mr. myself such time as I may consume. asters, and provide humanitarian relief STEARNS). Pursuant to clause 8 of rule Mr. Speaker, the recent elections to those in need. The 2006 Budget con- XX, the Chair will postpone further that we had here in the United States tinues to support domestic programs proceedings today on motions to sus- indicate that many people were con- and policies that fight drug addiction pend the rules on which a recorded vote cerned about ‘‘values’’ in this kind of a and homelessness and promote strong or the yeas and nays are ordered, or on loose term, and it seems like much of families and lives of independence. And which the vote is objected to under this concern is directed at a perceived in all our efforts, we will continue to clause 6 of rule XX. erosion of our culture. A good amount build working relationships with com- Record votes on postponed questions of the data that we have uncovered munity organizations, including faith- will be taken after 6:30 p.m. today. would indicate that this concern cer- based organizations, which are doing so f tainly has merit. much to bring hope to Americans. For example, nearly one half of our In every program, and in every agen- SUPPORTING NATIONAL young people are growing up without cy, we are measuring success not by MENTORING MONTH both biological parents today. So good intentions, or by dollars spent, Mr. OSBORNE. Mr. Speaker, I move roughly one-half of our young people but rather by results achieved. This to suspend the rules and agree to the have experienced some significant Budget takes a hard look at programs resolution (H. Res. 46) supporting the trauma in their lives because losing a that have not succeeded or shown goals and ideals of National Mentoring biological parent is difficult for any- progress despite multiple opportunities Month. one.

VerDate jul 14 2003 02:13 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.004 H08PT1 H358 CONGRESSIONAL RECORD — HOUSE February 8, 2005 More than 20 million children are fa- cared about him. So a mentor is some- velopment of our young people. This therless in our country, and usually one who cares. resolution directs us to focus on what when they have no father, whether Secondly, a mentor is someone who children need in order to grow into they are a young man or woman, they affirms. And I noticed that it was so healthy, safe, and well-educated adults, try to fill this void with activities important in coaching if one told a making sure that children have access which ofttimes are harmful, maybe player that they believed in him, if to a caring and responsible adult rela- gangs, drugs, promiscuity, whatever. they affirmed his behavior, they said tionship. A significant number of our children they thought he had a future, ofttimes b 1430 are involved in alcohol and drug abuse. he would grow into that which he did Roughly 3 million young people in not even know himself that he could A recent report from the Greater their teenage years currently are ad- become. So affirmation is something West Town Community Development dicted to alcohol. That is 3 million. that nobody can live without for any Project showed that nearly 18 percent And hundreds of thousands, of course, length of time. of Chicago public school students drop are addicted to other substance abuse. And then, thirdly, mentoring pro- out. Another report from the Annie E. Promiscuity, teen pregnancy, and vides a vision. So many young people Casey Foundation showed that more sexually transmitted diseases have behave never seen an adult in their fam- than 200 Chicago-area children are liv- come a major problem. The out-of-wed- ily who gets up and goes to work every ing in severely distressed neighbor- lock birthrate has increased from 5 per- day, or maybe someone in their family hoods. These are among the tens of cent in 1960 to 33 percent today. I ob- who keeps their word and has a good thousands of Chicago area youth who served a great deal of this growing dys- work ethic. So a role model, a vision, is could dramatically benefit from having function during my 36 years as a coach important. a mentor, since without one, some where I worked with young people, and Roughly 17 million children in the would never be exposed to healthy, pro- I guess it is my premise that this un- United States at the present time ei- ductive lifestyles and the development raveling of the culture may pose a ther need or want a mentor. We have of real-life skills. Research shows that greater long-term threat to our Nation roughly 2.5 million mentors that are young people who are mentored had a than terrorism. provided. So we are about 15 million stronger attachment to school, have That sounds like an overblown state- short. So we spend billions of dollars higher graduation rates, and decreased ment, but I believe it to be true be- on prisons and drugs and alcohol abuse. involvement with drugs and violence. cause if we think about some of the Roughly $50 billion a year is spent on Mentoring opens young people’s eyes great nations of the world throughout underage drinking and its dysfunction. to a brighter future, and every young history, whether it be Rome, the Brit- We spend money on foster care and person deserves that opportunity. But ish Empire, the Soviet Union, many of crime, but little on prevention. Usually right now there are simply not enough those great empires simply disappeared about 2 to 3 percent of the State and mentors to go around. Only about 1,000 without a shot being fired. Federal budget is spent on prevention of the more than 1 million school-age So what can we do? We certainly can- such as mentoring. children in the Chicago area are fortu- not legislate strong families, but we Mentoring works. There is a great nate enough to have a mentor. A men- can promote mentoring. Mentoring mentoring program here in the House tor, of course, is an adult, who along works. Research shows many of the fol- called Horton’s Kids. Four members of with parents, provides young people lowing to be true: Number one, men- my staff are mentors, and we appre- with support counsel, friendship, and a toring improves academic performance. ciate that very much. constructive example. The average Children in good mentoring relation- So I urge support of H. Res. 46, which mentor spends 8 to 10 hours a month ships have better attendance in school. recognizes and encourages mentoring. with his or her mentee on activities The mentoring program that I am in- Mr. Speaker, I reserve the balance of such as doing homework, going to the volved with personally has shown an 80 my time. library, playing in the park, and play- percent decrease in absenteeism from Mr. DAVIS of Illinois. Mr. Speaker, I ing sports. school, better graduation rates, fewer yield myself such time as I may con- This resolution brings much-needed disciplinary referrals. Again, the men- sume. attention to the value of mentoring toring program that I am involved with Mr. Speaker, I want to thank the and encourages communities to focus has shown a 70 percent reduction in re- gentleman from Nebraska for his lead- their efforts on recruiting more men- ferrals for discipline. Better grades, 40 ership in bringing this resolution, rectors so that we can fill the gap that percent better grades. ognizing National Mentoring Month, to currently exists. I am proud of the Secondly, mentoring reduces high- the floor today; and also want to com- many mentoring programs that are al- risk behavior, reduces smoking, drug mend the gentleman from Ohio (Chair- ready in place in the Chicagoland area, and alcohol abuse, in some cases by as man BOEHNER) and the gentleman from such as Mercy Home’s Friends First much as 50 percent. Promiscuous be- California (Mr. GEORGE MILLER of Cali- Program and Sinai Mentoring Pro- havior is reduced, and violent and fornia), ranking member, for their gram, which links Mount Sinai Hos- criminal behavior also begin to be di- leadership roles in making this legisla- pital professionals with youth from minished. tion possible to be heard. North and South Lawndale High Mentoring enhances a number of so- Since coming to Congress, the gen- Schools. cial factors. It improves self-esteem. tleman from Nebraska has worked to I also congratulate Big Brothers and Relationships with peers and parents make youth issues a national priority, Big Sisters of Metropolitan Chicago, improve. Personal hygiene also is im- and this resolution is another example which is spearheading a number of proved. of his dedication to this effort. local events to mark National Men- So a mentor is, I guess, three things Without a doubt, Mr. Speaker, mentoring Month. It has partnered with or- to me: Number one, a mentor is some- toring is a proven strategy that can ganizations, including Boys and Girls one who cares. I talked to a mentor not change the lives of children and youth, Clubs of Chicago, Chicago Public long ago who showed up in school and and I might add, add value to the lives Schools, Community Resource Net- was going to mentor this young guy, of those who provide the mentoring work, Cook County Juvenile Court and he came to class and there was one service. Mentoring Network, Horizons For student sitting there, his mentee, and When a young person is matched Youth, the Jewish Children’s Bureau, the teacher. And he asked the young with a caring, responsible individual, Lifelink Latino Special Services Pro- guy what was going on, and he said this relationship often makes a posi- gram, Mercy Home For Boys and Girls, there was a field trip that day and they tive difference in the quality of life for and Uhlich Children’s Advantage Net- were going to a bowling alley and this that young person. For too long we work and Working in Schools. young guy stayed because he knew his have focused on providing remedies to I also want to commend the Chicago mentor was coming, and that mentor problems that only address negative public school system, the board of edu- was probably the only adult in his life behavior, rather than looking at ways cation, for the development of a pro- who really connected with him and to promote the positive and healthy de- gram called Cradle to the Classroom,

VerDate jul 14 2003 02:13 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.007 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H359 where they had mentors who worked Reads, and it has involved tens of thou- mentor is simply a person who cares individually with young parents and sands of adults around the State going enough to be a good listener at times students who had become pregnant and into schools and helping children bet- and to offer the opportunity to open who had children and yet have been ter learn to read and providing a posi- new doors and new worlds by offering able to finish their high school edu- tive role model for those children. encouragement and support along the cation and graduate with the help of a I want to just take a moment to way. mentor. thank all of those who are mentoring I encourage all of my colleagues to In Chicago and across the country, it around the country today and encour- support this resolution, and I look for is clear that the framework is in place. age others to take a more active role. opportunities for Members to be men- Now we just need more people to volun- The gentleman from Nebraska (Mr. tors themselves. As the gentleman teer their time and help change the life OSBORNE) and the gentleman from Illi- from Nebraska (Mr. OSBORNE) pointed of a child. nois (Mr. DAVIS) pointed out the effects out, many of our staff are mentors. I am very pleased to be associated of mentoring, the less likelihood of the J.D. Burton, who recently left my with many groups and organizations use of alcohol and the less likelihood of staff, was a mentor for Thorton’s Kids. like the Alpha Phi Alpha fraternity, violent behavior. We know that far too He tutored for 3 years, and we worked which has a great national mentoring many young people in today’s society at times our schedule around his men- program, and especially my local chap- are growing up without adult role mod- toring schedule. I have many others in ter, Mu Mu Lambda. I am also pleased els close to them in their lives. Here is my office who are also mentors, and to be associated with the 100 Black something where mentors can help fill each and every one of them says that Men of America, who have mentoring that gap and help improve the lives and they get more out of the opportunity of programs and chapters throughout the the outcomes for many children around mentoring than they could ever imag- Nation. our country. ine. Mr. Speaker, once again I want to Mr. Speaker, I want to applaud these I would also like to thank the spon- commend the gentleman from Ne- efforts today and applaud my col- sor of this bill, the gentleman from Ne- braska for his insight, dedication, and leagues for bringing this resolution to braska (Mr. OSBORNE), for, you see, his continuous work with the development the floor. I urge Americans who want family comes from a mentoring back- of the young people, as expressed in to take a more active role in their ground. His cousin, the Honorable this resolution. I urge strong support community to think about mentoring. Kathleen Vellenga, took time to be a for it. Mr. DAVIS of Illinois. Mr. Speaker, I mentor of mine when I was in the Min- Mr. Speaker, I reserve the balance of am pleased to yield such time as she nesota House of Representatives men- my time. may consume to the gentlewoman from toring. You never know where it might Mr. OSBORNE. Mr. Speaker, I thank Minnesota (Ms. MCCOLLUM), my col- lead you. the gentleman from Illinois (Mr. league on the Committee on Education Mr. OSBORNE. Mr. Speaker, I reserve the balance of my time. DAVIS) for his kind words. and the Workforce. Mr. DAVIS of Illinois. Mr. Speaker, Mr. Speaker, I yield 3 minutes to the Ms. MCCOLLUM of Minnesota. Mr. it is my pleasure to yield such time as gentleman from Ohio (Mr. BOEHNER), Speaker, as one of the co-chairs of the she may consume to the gentlewoman the chairman of the Committee on Mentoring Caucus, I rise today in sup- from California (Mrs. DAVIS), a member Education and the Workforce, a strong port of House Resolution 46, to express of the Committee on Education and the supporter of mentoring. the sense of Congress and the House of Workforce, and I also say a member of Mr. BOEHNER. Mr. Speaker, let me Representatives regarding the many the Davis Caucus. thank my colleague from Nebraska for benefits of mentoring. (Mrs. DAVIS of California asked and yielding me time. Mentoring programs, as we are talk- was given permission to revise and ex- Mr. Speaker, I rise today in support ing about them here today, link chil- tend her remarks.) of House Resolution 46, which cele- dren with caring, responsible adults to Mrs. DAVIS of California. Mr. Speak- brates mentors who are positively im- provide opportunities for young people er, I am honored to join my colleague, pacting the lives of young people and to develop strong character and new the gentleman from Nebraska (Mr. highlights the need for additional men- capabilities. Mentoring opportunities OSBORNE), and others once again to co- tors that we need around the country. are a proven method, as has been point- sponsor this resolution supporting Na- I want to thank my colleague, the ed out, to help children who may be tional Mentoring Month. gentleman from Nebraska (Mr. struggling in school or at home or just We share the experience and appre- OSBORNE), who never lets a day go by in life. We need to take advantage of ciate the value of spending time as an without pushing this project of his to mentoring opportunities to allow every adult to mentor young people. It was increase the number of mentors that child to become self-sufficient, have my pleasure as the executive director we have around the country. He has better self-esteem, and feel that they of the Aaron Price Fellows Program in clearly been the leader in the House on too can achieve the American Dream. San Diego to organize civic experiences this issue, and without his efforts we In my own State of Minnesota, there for a diverse group of young people and would not have this resolution on the are over 350 mentoring programs. They students with the potential to become floor today, nor would the Federal Gov- connect youth with positive role mod- strong leaders. ernment be nearly as involved in men- els. In Minnesota, in the St. Paul-Min- The students that I had an oppor- toring as it is. neapolis area, we have Big Brothers tunity to mentor learned about their We all know that mentors give their and Big Sisters. In that two-city area local government. I took them to Sac- time and energy to improve the lives of alone, 2,000 children benefit from men- ramento to meet State government American young people, and they are toring programs; and in 2005, Big leaders, and brought them at that time doing it in many different ways. I am Brothers and Big Sisters in St. Paul- to see D.C. and to see Congress in ac- involved in a group here in Washington Minneapolis hope to reach 5,000 chil- tion. So you can imagine that it was called Everybody Wins that is a read- dren. one of my great pleasures now as a ing mentoring program that many There is a St. Paul police officer, and Member of Congress to welcome this staffers here on the Hill participate in, she in her spare time mentors youth. group of students here every year as and, frankly, a number of Members She does so because she has the help of they encounter our national issues. participate in. While I help them with a local church in which to meet. I can- I will never forget one of these very their organizational efforts, I have not tell you how proud I am when I go special young people. Her name is Arzo often felt somewhat guilty that I did to graduation day and each and every Mansury. She is an Afghan-American not take the time every week to go one of those children receives a certifi- girl who, after graduation from UCSD, over to Tyler Elementary School and cate, but she always remembers to give chose to work settling refugees from actually sit down and read, as many of a certificate to the adults who mentor. her birth country. She was really my staff have over the years. Mentors make a difference, for a uniquely prepared to work with the Af- In Ohio, we have a reading program mentor can be a friend, a listener, a ghanistan embassy in the post-war re- sponsored by Governor Taft called Ohio coach, a tutor, or just a confidante. A construction of her country. I have

VerDate jul 14 2003 02:13 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.009 H08PT1 H360 CONGRESSIONAL RECORD — HOUSE February 8, 2005 spoken to her on many occasions, and echoes the positive values and cultural herit- known and designated as the ‘‘John Milton she believes that there is no way she age parents and guardians are teaching. A Bryan Simpson United States Courthouse’’. could have done this without the kind mentor is part of a team of caring adults. SEC. 2. REFERENCES. of preparation, without the kind of A mentor’s main purpose is to help a young Any reference in a law, map, regulation, document, paper, or other record of the mentoring that she received in this person define and achieve their own goals. United States to the United States court- program. And those goals will vary, depending on the house referred to in section 1 shall be deemed A delegation from the San Diego young person’s age. Since the expectations of to be a reference to the ‘‘John Milton Bryan YMCA’s Youth and Family Services each child will vary, it is the mentor’s job to Simpson United States Courthouse’’. Program came to my office today, and encourage the development of a flexible rela- The SPEAKER pro tempore (Mr. they described their new program tionship that responds to the mentor’s skills STEARNS). Pursuant to the rule, the called Y Friends. It is a mentoring pro- and interests and the young person’s needs. gentleman from Pennsylvania (Mr. gram for children whose parents are in Recent Research Brief published by Child SHUSTER) and the gentlewoman from prison, children who are seven to eight Trends and titled, ‘‘Mentoring: A Promising Florida (Ms. CORRINE BROWN of Flor- times more likely to be incarcerated Strategy for Youth Development,’’ found that ida) each will control 20 minutes. themselves. One young woman who has youth who participate in mentoring relation- The Chair recognizes the gentleman been through the Y’s Transitional Liv- ships experience a number of positive bene- from Pennsylvania (Mr. SHUSTER). ing Skills Program is now a resident in fits. In terms of educational achievement, Mr. SHUSTER. Mr. Speaker, I yield Turning Point. This is a housing and mentored youth have better attendance; a bet- myself such time as I may consume. counseling program for youth who have ter chance of going on to higher education; Mr. Speaker, H.R. 315, introduced by spent years in foster homes, but have and better attitudes towards school. In terms my colleague, the gentlewoman from passed the age of 18. Victoria, who had of health and safety, mentoring appears to Florida (Ms. CORRINE BROWN), will des- been in foster homes since she was 10, help prevent substance abuse and reduce ignate the United States courthouse lo- said, ‘‘The key to a successful life for some negative youth behaviors. On the social cated at 300 North Hogan Street in me is mentorship.’’ and emotional development front, taking part Jacksonville as the ‘‘John Milton Finally, I want to mention that I in mentoring promotes positive social attitudes Bryan Simpson United States Court- have been privileged to meet with mili- and relationships. Mentored youth tend to trust house.’’ tary spouses who have formed a men- their parents more and communicate better Born in Kissimmee, Florida, John toring program for other spouses who with them. They also feel they get more emo- Simpson progressed through what are dealing with the now frequent and tional support from their friends than do youth would be called by any reasonable per- lengthy deployment of their loved who are not mentored. son a long, distinguished, and publicly ones, and that program is making a Mr. Speaker, I rise to reiterate my support oriented career. After receiving his law great deal of difference for them. for H. Res. 46. By sharing fun activities and degree from the University of Florida, Mr. Speaker, I would ask Members to exposing a youth to new experiences, a men- and 7 years of private practice, John please join us in honoring the goals of tor encourages positive choices, promotes Simpson would begin what would re- these mentoring programs. high self-esteem, supports academic achieve- sult in a career in public service span- Mr. DAVIS of Illinois. Mr. Speaker, I ment and introduces the child to new ideas. ning 54 years. He began as an Assistant yield myself such time as I may con- Mr. OSBORNE. Mr. Speaker, I have State’s Attorney, served 2 years in the sume. no further requests for time, and I United States Army during World War Mr. Speaker, I simply would want to yield back the balance of my time. II, and was a State judge for 9 years be- thank all of those who have spoken on The SPEAKER pro tempore (Mr. fore being nominated to the Federal behalf of this resolution. Again, I com- STEARNS). The question is on the mo- bench in 1950. mend the gentleman from Nebraska tion offered by the gentleman from Ne- On the Federal bench, Judge Simpson (Mr. OSBORNE) for his leadership, and braska (Mr. OSBORNE) that the House was not content to just serve out his would urge all adults who want to be suspend the rules and agree to the reso- time. He served as Chief Judge for helpful to become mentors. lution, H. Res. 46. three different courts, the Southern Mr. Speaker, I yield back the balance The question was taken. and Middle District Courts of Florida, of my time. The SPEAKER pro tempore. In the and the Fifth Circuit Court of Appeals. Mr. OSBORNE. Mr. Speaker, I yield opinion of the Chair, two-thirds of He served on the Conference of Chief myself such time as I may consume. those present have voted in the affirm- Judges for 3 years and was willingly re- Mr. Speaker, I would like to express ative. assigned twice, first from the Southern my thanks to the gentleman from Illi- Mr. OSBORNE. Mr. Speaker, on that to Middle District Courts of Florida, nois (Mr. DAVIS) and also the gentle- I demand the yeas and nays. and again from the Fifth to Eleventh woman from California (Mrs. DAVIS) for The yeas and nays were ordered. Circuit Court of Appeals, each time to their kind words and their support of The SPEAKER pro tempore. Pursu- fit the needs of the judiciary. this resolution. ant to clause 8 of rule XX and the During his tenure on the bench, he Mrs. JONES of Ohio. Mr. Speaker, I rise Chair’s prior announcement, further was also instrumental in moving to- today to express my support for H. Res. 46, proceedings on this motion will be wards desegregation in Northern Flor- supporting the goals and ideals of National postponed. ida during the late 1950s and early Mentoring Month. f 1960s. His record of service and dedica- All children have the potential to succeed in b 1445 tion to the judiciary are both com- life and contribute to society. However, not all mendable and make him worthy of this children get the support they need to thrive. JOHN MILTON BRYAN SIMPSON honor. Mentoring is the presence of caring individuals UNITED STATES COURTHOUSE I support the legislation, and I en- who, along with parents or guardians, provide Mr. SHUSTER. Mr. Speaker, I move courage all of my colleagues to do the young people with support, advice, friendship, to suspend the rules and pass the bill same. reinforcement and constructive examples. (H.R. 315) to designate the United Mr. Speaker, I reserve the balance of Mentoring can and does help young people States Courthouse at 300 North Hogan my time. succeed, no matter what their circumstances! Street, Jacksonville, Florida, as the Ms. CORRINE BROWN of Florida. A mentor is a caring adult friend who de- ‘‘John Milton Bryan Simpson United Mr. Speaker, I yield myself such time votes time to a young person. Mentors can fill States Courthouse’’. as I may consume. any number of different roles. Yet all mentors The Clerk read as follows: Mr. Speaker, I want to thank the have one thing in common: they care about H.R. 315 gentleman from Florida (Mr. helping young people achieve their potential Be it enacted by the Senate and House of Rep- CRENSHAW), the Florida delegation, the and discover their strengths. resentatives of the United States of America in Committee on Transportation and In- Mentors understand they are not meant to Congress assembled, frastructure, and everyone who served replace the role of a parent, guardian or SECTION 1. DESIGNATION. on the Courthouse Committee in Jack- teacher. A mentor is not a disciplinarian or de- The United States courthouse at 300 North sonville for helping me to bring this cision maker for a child. Instead, a mentor Hogan Street, Jacksonville, Florida, shall be bill to the Floor today. Judge Simpson

VerDate jul 14 2003 02:13 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.011 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H361 was the overwhelming choice for the professional career, but I had the good the first thing he would do when he got people of Jacksonville, and it is easy to fortune of knowing Judge Simpson. I to the community, find out who the old understand when one learns about his had the good fortune of being a friend mayor was and try to build this new impact on civil rights in the State of of his son, Bryan Simpson, Jr. My dad government. Florida and in the entire South. and Judge Simpson practiced law to- He came back from the war, back to H.R. 315 is a bill to designate the gether as young lawyers in Jackson- Jacksonville, continued his work as a courthouse at 300 North Hogan Street ville, and the one thing about Judge State judge and then, as has been in Jacksonville, Florida as the ‘‘John Simpson is that as the father of Bryan pointed out, was appointed to the Fed- Milton Bryan Simpson United States Simpson, Jr., and he had five step- eral bench by then-President Harry Courthouse.’’ Judge Simpson was a na- children, Joe, Tim, John, Eve, and Truman. Fifteen years later, then- tive of Florida, born in Kissimmee, Franklin, above all, he had this under- President Lyndon Johnson appointed Florida on May 30 of 1903. He attended lying belief in the dignity of every him to the appeals court, which is one local high school and the University of human being, and he lived out that be- step down from the United States Su- Florida, and in 1926 graduated from law lief in everything that he did. preme Court, and he served as the Chief school at the University of Florida. Maybe that came from the life expe- Judge on the Fifth and the Eleventh After law school, he settled in Jack- riences that he had growing up in a lit- Circuit. sonville, practicing law in addition to tle town in central Florida. His mother So he had kind of a broad-ranging ca- becoming an Assistant State’s Attor- was the U.S. Postmistress of the U.S. reer, up until the time he went to Fed- ney from 1933 until 1939. He then ran Post Office there in Kissimmee. He eral court. And as has been pointed for and was elected as a State Judge went to Osceola High School and then out, he was a real leader in stepping serving from 1939 until 1943. In 1950, he went north to school to Gainesville, forward, being fair, being compas- was nominated by President Truman Florida, about 50 miles up the road. sionate in a difficult time in our Na- for the United States District Court, Often he would hitchhike, catch a ride tion’s history when not all of the Southern Florida; and in 1966, was up to Gainesville, and he would stop in judges, particularly in the South, were nominated by President Johnson and a little town called Orlando and have fair and compassionate. In fact, it was joined the Fifth Circuit Court of Ap- lunch because there was a park there kind of the way, in those days, for Fed- peals. where people would kind of gather, and eral judges who did not believe in what Judge Simpson was an active partici- he would always find a friend there and was going on in the civil rights move- pant in the struggle for civil rights and share lunch together. ment to simply delay their decisions was instrumental in desegregating He finished school in 6 years. He got and just delay and delay and delay. Duval, Orlando, and Daytona Counties an undergraduate degree and a law de- Judge Simpson was known not only in Florida, all in my district. He be- gree. It usually takes 7 years, but as a man of courage and conviction, came an agent for change in the Jim Judge Simpson was part of a special but someone who made his rulings Crowe south. His judicial orders deseg- program. He finished in 6 years, which firmly and decisively and quickly. So I regated the schools, city pools, city was good for him, because he worked think it is fitting that we honor him golf courses, and the city zoo. For his his way through law school, and it only today. personal courage, he was the subject of took 6 instead of 7 years. He often As I said, he lived his life in a way numerous death threats and cross waited tables at a little place called that brought dignity to all the people burnings. the Primrose Grill. in his courtroom. I think he certainly It is well known that Martin Luther Then he moved to Jacksonville, Flor- deserves this kind of recognition, and I King himself appeared before Judge ida, to start his law practice. He am proud to support this resolution, Simpson and argued for a reversal on a worked in a firm where my dad also and I urge my colleagues to do so as ban on nighttime civil rights marching worked as a young lawyer, and he al- well. in St. Augustine. Within a week, Judge ways was a man of great humor. As a Ms. CORRINE BROWN of Florida. Simpson issued an order in support of young lawyer, my dad used to tell me Mr. Speaker, I have no additional King’s appeal. that he made about $40 a month. Judge speakers, and I yield back the balance Judge Simpson was known as the Simpson was a little older, so he might of my time. giant of the legal system in Jackson- have made $45 a month, but on one of Mr. SHUSTER. Mr. Speaker, I just ville. He was a man of great courage his applications, it said, List your hob- want to say I appreciate the gentle- and fairness. It is most fitting that the bies and your interests. And Judge man’s remarks on Judge Simpson. He new courthouse in Jacksonville is Simpson wrote, Polo and international personalized it and once again pointed named in his honor. yacht racing. So when one of his senior out that only in America could some- Mr. Speaker, I urge my colleagues to partners came in and was a little upset body come from such humble begin- support this bill which honors a judge and said, What is all this; what does nings and rise through the ranks of the of great distinction and character. this mean? Judge Simpson said, I am American judiciary, and today we are Mr. Speaker, I reserve the balance of interested in polo and international naming a Federal courthouse after my time. yacht racing, but on my present salary, him. Mr. SHUSTER. Mr. Speaker, I yield I am not really able to participate in So I have no further speakers. I en- such time as he may consume to the those activities. courage all of my colleagues to support gentleman from Florida (Mr. But be that as it may, he continued H.R. 315. CRENSHAW). his career. He wanted to be a judge, so Mr. OBERSTAR. Mr. Speaker, I rise in sup- Mr. CRENSHAW. Mr. Speaker, I he ran for judge. In those days you port of H.R. 315, a bill to designate the United thank the gentleman for yielding me could be a State judge by running for States Courthouse located at 300 North this time. I join my colleague as an office. He had two uncles that had Hogan St., Jacksonville, Florida, as the ‘‘John original cosponsor of this resolution in served in the United States Senate. He Milton Bryan Simpson United States Court- urging my colleagues to support this. knew a little bit about politics, so he house’’. I commend the bill’s sponsor, the It is fitting that this new Federal ran for office and became a State gentlelady from Florida, for her diligence and courthouse, which stands 15 stories tall judge. hard work in pursuit of honoring such an emi- in my hometown of Jacksonville, Flor- Then, World War II came along, so he nent jurist. ida, and casts such a shadow over our went to Europe to serve his country. Judge Simpson was chosen for this distinc- city, it is fitting that it is going to be His job there was to go around after tion from among 20 nominees of prominent named after Judge Bryan Simpson the battles took place, his job was to civic leaders and jurists who have played an who, while he served for 50 years in our go into communities and try to rebuild outstanding role in the history of the middle community, was a giant of a man who the government. And he used to kid district of Florida. cast his own shadow all across our people that his limited French was Judge Simpson was a native Floridian. He community. learned in World War II. He could say, was born in 1903 in Kissimmee and attended My colleagues have heard a little bit ‘‘Ou est la maire?’’ which meant, local public schools. In 1926 he graduated about his background and some of his ‘‘Where is the mayor?’’ Because that is from the University of Florida Law School. In

VerDate jul 14 2003 05:45 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\K08FE7.014 H08PT1 H362 CONGRESSIONAL RECORD — HOUSE February 8, 2005 1950, after a long career in private practice gentlewoman from Florida (Ms. Tony Hall was founder and cochair of and as a judge in Florida state court, Presi- CORRINE BROWN) each will control 20 the Congressional Hunger Center, a dent Truman appointed Judge Simpson to the minutes. nonprofit organization created to bring U.S. District Court for the Southern District of The Chair recognizes the gentleman awareness to the growing and per- Florida. In 1966, President Johnson appointed from Pennsylvania (Mr. SHUSTER). sistent problems of world hunger. He him to the U.S. Court of Appeals for the Fifth Mr. SHUSTER. Mr. Speaker, I yield also served as chairman of the House Circuit. Judge Simpson also later served on myself such time as I may consume. Select Committee on hunger from 1989 the U.S. Court of Appeals for the Eleventh Cir- Mr. Speaker, I am pleased to bring until 1993. Congressman HALL spon- cuit. before the House H.R. 548, introduced sored legislation to help immunize the Judge Simpson was known for his extraor- by my colleague, the gentleman from world’s children against major diseases dinary personal courage and insistence on ra- Springfield, Ohio (Mr. HOBSON), which and to increase U.S. funding for dis- cial equality. Judge Simpson issued landmark designates the Federal building and tribution of vitamins A and C. decisions on desegregation, including ordering United States courthouse at 200 West His passion for protecting and ensur- the desegregation of public schools in Orlando 2nd Street in Dayton, Ohio, as the ing human rights and combating hun- and Daytona Beach and ordering the desegre- ‘‘Tony Hall Federal Building and ger brought Congressman HALL to such gation of Jacksonville city pools and golf United States Courthouse.’’ places as North Korea, Peru, Sudan, courses. With these decisions, he established Tony Hall’s record of service to the Haiti, just to name a few. In 1994 he a model for all such future decisions. Judge United States and the world is well helped nominate Bishop Carlos Belo for Simpson was also a devoted father and hus- documented. He has served as a teacher the Nobel Peace Prize for the bishop’s band. His family, friends and colleagues en- of English in Southeast Asia, a member role in protecting civilians during joyed his companionship and his love of life. of the Ohio State legislature, a member armed conflict. It is fitting to honor the career of Judge of the House of Representatives and, Congressman HALL was an exemplar Simpson and I urge my colleagues to support now, as an official with the United Na- for his unswerving commitment and H.R. 315. tions. sustaining contribution to promoting Mr. SHUSTER. Mr. Speaker, I yield During each of these endeavors, Tony humanity and peace in a world strick- back the balance of my time. Hall worked to make life better for en with poverty and torn by war. This The SPEAKER pro tempore. The those less fortunate, whether it was designation is a fitting tribute to his question is on the motion offered by educating a single child who may not exceptional public service, and I urge the gentleman from Pennsylvania (Mr. otherwise have attended school, or as my colleagues to support H.R. 548. SHUSTER) that the House suspend the an administrator of an international Mr. Speaker, I reserve the balance of rules and pass the bill, H.R. 315. organization bringing food to the hun- my time. The question was taken. gry worldwide. Mr. SHUSTER. Mr. Speaker, I yield The SPEAKER pro tempore. In the This is an appropriate honor that has as much time as he may consume to opinion of the Chair, two-thirds of the support of the entire Ohio delega- the gentleman from Ohio (Mr. HOBSON). those present have voted in the affirm- tion. Unfortunately, this is the third Mr. HOBSON. Mr. Speaker, the legis- ative. time that this matter has come to the lation now under consideration by the Mr. SHUSTER. Mr. Speaker, on that Floor. During the 107th and 108th Con- House would permanently name the I demand the yeas and nays. gresses, my predecessor, the gentleman Dayton Ohio Federal building in honor The yeas and nays were ordered. from Ohio (Mr. LATOURETTE), brought of our good friend and former col- The SPEAKER pro tempore. Pursu- this matter before the House and each league, Tony Hall. This legislation ant to clause 8 of rule XX and the time it passed by voice vote, but was which, as I introduced, as you have Chair’s prior announcement, further never considered by the Senate. heard, has been cosponsored by every proceedings on this motion will be As a new subcommittee chairman, it member on both sides of the aisle of postponed. is my pleasure to continue his efforts the Ohio delegation. For nearly 24 f to get this bill enacted into law. I hope years Tony Hall represented Ohio’s Third Congressional District with TONY HALL FEDERAL BUILDING the results of our consideration this year will be more positive. honor and distinction. And he cur- AND UNITED STATES COURT- rently serves as United States ambas- HOUSE I support this legislation and encourage my colleagues to do the same. sador to the United Nations food and Mr. SHUSTER. Mr. Speaker, I move Mr. Speaker, I reserve the balance of agriculture agencies in Rome. There he to suspend the rules and pass the bill my time. has been a tireless advocate on behalf (H.R. 548) to designate the Federal of those who face the hardships of hun- b 1500 building and United States courthouse ger around the world. located at 200 West 2nd Street in Day- Ms. CORRINE BROWN of Florida. In Congress, Tony was always guided ton, Ohio, as the ‘‘Tony Hall Federal Mr. Speaker, I yield myself such time by his faith and family. He spent 21 Building and United States Court- as I may consume. H.R. 548 is a bill to years on the House Rules Committee, house’’. designate the Federal building and was a founding member of the select The Clerk read as follows: courthouse in Dayton, Ohio, as the committee on hunger, and a founder H.R. 548 Tony Hall Federal building and United and chairman of the congressional hun- Be it enacted by the Senate and House of Rep- States courthouse in honor of our ger center. resentatives of the United States of America in former colleague from Ohio, Tony Hall. As colleagues, Tony and I worked to- Congress assembled, This bill has strong bipartisan support. gether in a partnership for the benefit SECTION 1. DESIGNATION. Tony Hall is a true son of Ohio. He of citizens of the Miami Valley on nu- The Federal building and United States was born in Dayton in 1942. After at- merous projects and initiatives, includ- courthouse located at 200 West 2nd Street in tending local schools, he graduated ing those involving Wright Patterson Dayton, Ohio, shall be known and designated from Denison University in 1964. He Air Force Base and the Dayton Avia- as the ‘‘Tony Hall Federal Building and was accepted into the Peace Corps and tion Heritage National Historic Park, United States Courthouse’’. served as a volunteer in Thailand from which is the first bill that I passed in SEC. 2. REFERENCES. 1966 until 1968. Upon his return, he was Any reference in a law, map, regulation, this legislature. document, paper, or other record of the elected to the Ohio house of represent- A leading humanitarian, Tony has United States to the Federal building and atives and in 1972 was elected to the been nominated three times for the United States courthouse referred to in sec- Ohio senate. In 1978 he was elected to Nobel Peace Prize for his work with tion 1 shall be deemed to be a reference to the House of Representatives where he hunger, relief aid programs, and im- the ‘‘Tony Hall Federal Building and United served for 11 terms. proving international human rights States Courthouse’’. Tony Hall currently serves as the conditions. The SPEAKER pro tempore. Pursu- United States Ambassador to the Tony was a football star, a little All ant to the rule, the gentleman from United Nations Agencies for Food and American at Denison, a Peace Corps Pennsylvania (Mr. SHUSTER) and the Agriculture. volunteer, a noted world traveler, and

VerDate jul 14 2003 03:51 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.015 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H363 a devoted husband and father and a and educate them, they all have a tire- AMBASSADOR TONY P. HALL dedicated public servant. less supporter in Tony Hall. Three times nominated for the Nobel Peace We are all better people today be- If anyone has done what we might Prize, Ambassador Tony P. Hall is a leading cause Tony Hall was in Congress. The say is the work of the Lord or of our advocate for hunger relief programs and im- example he set in working to improve God throughout this world it is Tony proving human rights conditions in the the lives of others is something that all Hall. world. In February 2002, President George W. Bush asked him to serve as the United The gentleman from Ohio (Mr. HOB- of us can learn from. States Ambassador to the United Nations This legislation is a lasting way to SON) last year on the floor of this Agencies for Food and Agriculture. He was pay tribute to Tony’s efforts over the House described our colleague, former confirmed by the U.S. Senate and was sworn years, and I urge all of my colleagues colleague, as the ‘‘real deal,’’ and he is in by Secretary of State Colin Powell in Sep- to support this bill. And I hope we will the real deal. He was the same back in tember 2002. meet with better success this year in his district and here in Washington as Prior to entering the diplomatic corps the the other body than we did in the two when he goes to emerging third world Dayton, Ohio native represented the Third previous years. And I urge all my col- countries. Back in his district, where District of Ohio in the U.S. House of Rep- leagues to support this legislation. he served for 24 years, the longest-serv- resentatives for almost twenty-four years, their longest serving representative in his- Ms. CORRINE BROWN of Florida. ing Member from Dayton, Ohio, in the tory. During his tenure, he was chairman of Mr. Speaker, I yield as much time as history of this Congress, he organized the House Select Committee on Hunger and he may consume to the gentleman programs to take surplus and leftover the Democratic Caucus Task Force on Hun- from Chicago, Illinois (Mr. DAVIS). food down to the shelters in his dis- ger. He founded and was one of two House (Mr. DAVIS of Illinois asked and was trict, homeless shelters. And through members on the steering committee of the given permission to revise and extend those programs today on the streets of Congressional Friends of Human Rights his remarks.) Dayton and other cities in Ohio, people Monitors. He authored legislation that sup- Mr. DAVIS of Illinois. Mr. Speaker, I will go to bed tonight with food in ported food aid, child survival, basic edu- want to thank the gentlewoman from cation, primary health care, micro-enter- their stomachs because of his efforts in prise, and development assistance in the Florida for yielding time. I was think- their own hometown. world’s poorest countries. Ambassador Hall ing last Thursday as I listened to Tony When he was in Washington, he was a also founded and chaired the Congressional Hall as the keynote speaker for the na- tireless advocate. You may recall in Hunger Center, a non-governmental organi- tional prayer breakfast, and as I was 1993 as chairman of the House Select zation committed to ending hunger through rooted to my seat, that I had never Committee on Hunger that that com- training and educational programs for heard a more eloquent rendition of a mittee was abolished. Tony Hall went emerging leaders. speech. I had never heard a more pas- on a hunger strike not for one day, not A founding member of the Select Com- sionate speech. I had never heard a for 5 days, not for 10 days, but for 22 mittee on Hunger, Mr. Hall served as its chairman from 1989 to 1993. During this time, more meaningful speech. So I simply days. He fasted and went without food. he initiated legislation enacted into law to rise in support of the naming of this Now that is commitment. That is a fight hunger-related diseases in developing courthouse. ministry. nations. He sponsored a successful 1990 emer- Tony Hall is one of the most distin- Now today he is doing the same thing gency measure to assist state-run Women, guished and nonpartisan Members this as our ambassador to the U.N. agency Infants and Children (WIC) programs. Mr. body has ever experienced: protecting in Rome. He is not riding a desk. He is Hall helped to establish a clearinghouse that human rights, working on behalf of the not sitting back and have others report provided food through gleaning, a process of poor, seeking peace. All of those have to him. He is going out. And his aver- gathering grains and produce left on the age day is not spent in Rome, but it is ground after harvesting. Mr. Hall has worked been his trademarks. to promote micro-enterprise to reduce job- All of us who have had the oppor- spent traveling throughout the world, lessness. In response to the abolishment of tunity to know and work with him; our seeing firsthand, witnessing these dif- the Hunger Committee in April 1993, he fast- individual as well as collective lives ferent programs, finding out those that ed for 22 days to draw attention to the needs have been enriched. And so I urge work and improving them, finding out of hungry people in the United States and strong support of the naming of this those that do not work and are failing. around the world. courthouse for Tony Hall and could And even today, he is doing what he In his efforts to witness the plight of the think of no better name that it could did here. Poor children, those that are poor and hungry first-hand, he has visited have. sick, those that are without hope, poverty-stricken and war-torn regions in more than 100 countries. He was the first Mr. SHUSTER. Mr. Speaker I yield 4 Tony Hall today in his travels through- Member of Congress to visit Ethiopia during minutes to the gentleman from Ala- out the world is making a better life the great famine of 1984–5. He has visited bama (Mr. BACHUS). for them and for us. North Korea six times since 1995, and was (Mr. BACHUS asked and was given Let me close by simply discussing one of the first Western officials to see the permission to revise and extend his re- two things. One is a 3-page re´sume´, but famine outside of the capital, Pyongyang. In marks.) it is really a witness to a life well 2000, he became the first Member of Congress Mr. BACHUS. Mr. Speaker, I thank served, a life of commitment and devo- to visit Iraq to investigate the humanitarian the gentleman for yielding me time. I tion, a ministry and a passion that situation. During his second week as Ambas- associate myself with the remarks of sador, he traveled to Zimbabwe and Malawi Tony Hall has to the poor and the hun- to see the food deficit crisis in southern Afri- the gentleman from Ohio (Mr. HOBSON) gry and the hopeless of this world. ca. and the gentleman from Illinois (Mr. UNICEF awards, Oxfam awards, Bread Mr. Hall has worked actively to improve DAVIS). for the World Award, numbers of human rights conditions around the world, The gentleman from Illinois (Mr. awards. But Tony Hall would say, Do especially in the Philippines, East Timor, DAVIS) mentioned that Tony Hall was a not recognize me for that. Recognize Paraguay, South Korea, Romania, and the friend to every Democrat and every Re- me for the hope that I have brought to former Soviet Union. In 2000, he introduced publican in this body. He and the gen- the world, to the poor and the sick and legislation to end the importation of conflict diamonds mined in regions of Sierra Leone, tleman from Virginia (Mr. WOLF) the hopeless. Angola and the Democratic Republic of reached across the aisle united in a I also would like to introduce this 3- Congo. In 1983 he founded the Congressional goal to alleviate hunger throughout page document, a life well lived, a life Friends of Human Rights Monitors. In 1999, the world, to be a friend to those who really which ought to be honored, and he was a leader in Congress calling for the were sick and in need of hope. He is not a courthouse is the least thing we United States to pay its back dues to the only our friend but every sick child in should do for him, but also a tribute United Nations. In 1997 and 2000, Mr. Hall in- every poor country of the world has a that the gentleman from Ohio (Mr. troduced legislation calling on Congress to friend in Tony Hall. Anyone who goes HOBSON) gave to this great American, apologize for slavery. He also has worked at to bed hungry in those countries to- this great individual, Tony Hall. And promoting reconciliation among diverse peoples through a number of private initiatives. night has an advocate in Tony Hall. to him and his wife, Janet, I give my In 1964 Mr. Hall graduated from Denison And those that do not have a job in sincere and utmost thanks for every- University in Granville, Ohio where he was a these poor countries that only wish to thing they have done to make this a Little All-American football player. During work and help bring up their children better world for all of us. 1966 and 1967, Mr. Hall taught English in

VerDate jul 14 2003 03:51 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.019 H08PT1 H364 CONGRESSIONAL RECORD — HOUSE February 8, 2005 Thailand as a Peace Corps Volunteer. He re- Tony has managed to be a positive force, Also it is interesting that we have turned to Dayton to work as a realtor and he despite the difficult challenges he has faced in Members from both sides, Republican was a small businessman for several years. his personal life. We are all better people be- and Democrat, who have come together Mr. Hall and his wife Janet raised two children. cause Tony Hall has been here. to agree on the impact that Congress- Mr. Hall served in the Ohio House of Rep- As Ohio’s Seventh District Representative to man HALL has had not only on this in- resentatives from 1969 to 1972, and in the the Congress of the United States, I take this stitution, but also the poor and the Ohio Senate from 1973 to 1978. On November opportunity to join with members of the Ohio hungry of the world. 7, 1978, Mr. Hall was selected to the 96th Con- delegation to honor the efforts and the many Tony has said many times that when gress. He served on the Foreign Affairs and outstanding achievements of Rep. Tony Hall. you give to the poor, and it is from Small Business Committees before being ap- His many contributions as a member of the Proverbs, you really lend to God. And pointed to the Rules Committee at the be- no one that I know has taken their ginning of the 97th Congress. House of Representatives and leadership will Ambassador Hall was nominated for the be remembered. faith into the world and into the com- Nobel Peace Prize for 1998, 1999 and 2001 for Ms. CORRINE BROWN of Florida. munity, if you will, and had a greater his humanitarian and hunger-related work. Mr. Speaker, I have no additional re- impact on the lives of the poor and the For his hunger legislation and for his pro- quests for time, and I reserve the bal- hungry and the naked. His life was al- posal for a Humanitarian Summit in the ance of my time. most a kind of symbol of the Matthew Horn of Africa, Mr. Hall and the Hunger Mr. SHUSTER. Mr. Speaker, I yield 25 where Jesus talks about the poor, Committee received the 1992 Silver World 1 the hungry, the naked, and those in Food Day Medal from the UN Food and Agri- 1 ⁄2 minutes to the gentleman from culture Organization. Mr. Hall is a recipient Ohio (Mr. BOEHNER). prison. Tony has taken that. of the United States Committee for UNICEF Mr. BOEHNER. Mr. Speaker, I thank He has also had an impact on the 1995 Children’s Legislative Advocate Award, the gentleman for yielding me time. lives of a lot of Members in this body. U.S. AID Presidential End Hunger Award, Mr. Speaker, I thank the gentleman There is a statement by Francis of As- 1992 Oxfam America Partners Award, Bread from Ohio (Mr. HOBSON) for bringing sisi that, I would rather see a sermon for the World Distinguished Service Against this resolution to the floor once again. than hear a sermon. And by watching Hunger Award, and NCAA Silver Anniver- The gentleman from Ohio (Mr. HOBSON) Tony Hall, and not listening but sary Award. He received honorary Doctor of and I and Tony Hall all worked in the watching it, we have seen the sermon Laws degrees from Asbury College, Antioch whereby he has taken his life, as the College and Eastern College and a Doctor of Miami Valley area, Greater Dayton Humane Letters degree from Loyola College area together. And when you think gentleman from Alabama (Mr. BACHUS) in Baltimore. In 1994, President Clinton nom- about Tony Hall, there is only one has said. inated Mr. Hall for the position of UNICEF word that comes to mind and that is Mr. Speaker, I want to congratulate Executive Director. humanitarian. Tony and his wife, Janet, and their Mr. HOBSON. Mr. Speaker, I rise today to When you read the description of hu- daughter Jill for the life here, but the pay tribute to my fellow Ohioan and good manitarian in the dictionary, it ought life is just kind of beginning. friend, Tony Hall. to just have Tony Hall’s name there. Of b 1515 For years, Tony and I have worked together all the people I have worked with in Tony has now left this institution for the benefit of the citizens of the Miami Val- the Congress during what is now 15 and is in Rome and doing as much ley on numerous projects and initiatives. I am years, I am not sure that I have worked there, and we are going to hear a lot very happy that he has this new opportunity to with someone so dedicated and so fo- more about Tony Hall. This is not like work directly on hunger issues at the United cused on trying to help the poor and we get some bills whereby somebody Nations, but it is still very said to see him the needy, not only in his district and has come to the end and is moving leave the House of Representatives. around the country but around the Tony is now at the end of a nearly 24-year back to their district, they are buying world. He is a tireless advocate on be- a retirement home down in wherever career representing the people of Montgomery half of those who are hungry. County on Capitol Hill and is taking his cru- they are. This guy is just kind of mov- The gentleman from Ohio (Mr. HOB- ing out. He is a young man, just begin- sade against hunger to a global stage. SON) had a CODEL group of us over in The youngest son of one of Dayton’s most ning, and we will see a lot from Tony. Rome. We met with Tony Hall. Tony Lastly, I want to personally thank beloved mayors, Tony has been a football took us to the U.N. Food Program, and star, a Peace Corps volunteer, a noted world Tony Hall. He asked me to go to Ethi- we had long conversations about the opia in 1984 and took me to Romania in traveler, a devoted husband and father, and a needs in various places around the dedicated public servant. Tony has become 1985, which literally changed the direc- world. And if it was not in Rome, it the area’s longest-serving Congressman and a tion of my life in this institution. So used to be right here in the back of the three-time Nobel nominee known worldwide on behalf of all the Members on both Chamber when Tony would stop any for his work against hunger. sides of the aisle, we thank Tony for In Congress, Hall has been guided by faith one of us to help describe the problems the impact he has had on this institu- and family and never chosen Capitol Hill that people were having around the tion and on our lives, and particularly events over the importance of being home world and here in our country and the for taking care of the poor and hungry with his wife and children. He has spent 21 need for better nutrition programs and around the world. years on the House Rules Committee, and I better food distribution programs. So I Mr. Speaker, I rise in support of H.R. 548, have been pleased to work with Tony on nu- cannot think of anyone who we should to designate the Federal Building and United merous local projects for the Miami Valley: honor in naming this courthouse in States courthouse at West 2nd Street in Day- from supporting the National Composites Cen- Dayton, Ohio, but my good friend and ton, Ohio, as the ‘‘Tony Hall Federal Building ter, to saving the Air Force Institute of Tech- our former colleague, Tony Hall. and United States Courthouse.’’ nology. Ms. CORRINE BROWN of Florida. Our former colleague Tony Hall, the rep- Ten years ago, Tony and I worked to estab- Mr. Speaker, I reserve the balance of resentative of the 3rd District of Ohio for near- lish the Dayton Aviation Heritage National His- my time. ly 24 years, continues to serve as the United torical Park and we just recently embarked Mr. SHUSTER. Mr. Speaker, I yield 4 States Ambassador to the United Nations food upon a new effort to create the National Avia- minutes to the gentleman from Vir- and agriculture agencies located in Rome, tion Heritage area to preserve Ohio’s aviation ginia (Mr. WOLF). Italy, since his appointment by President Bush heritage for the future. (Mr. WOLF asked and was given per- in 2002. As you may recall, Tony resigned his When I first came to Congress, Tony was mission to revise and extend his re- House seat to take up the ambassadorial post one of the first Members of Congress to reach marks.) in Rome, where he is continuing his pas- out to me, and show me the ropes. He didn’t Mr. WOLF. Mr. Speaker, I want to sionate work as a leading advocate for ending have to do that, and I have always appre- thank the gentleman from Ohio (Mr. hunger and promoting food security around ciated his willingness to make me feel com- HOBSON) for doing this. It is a tremen- the world. fortable in this new environment. dous symbol of bipartisanship, Repub- I want to thank Congressman DAVID HOB- Nobody goes around Capitol Hill grumbling licans and Democrats coming together, SON of Ohio for introducing H.R. 548 to honor about Tony Hall. He is the genuine article, he nothing to gain. Mr. HALL is gone. And Tony in his hometown of Dayton by attaching works hard for his constituents and he is a yet the gentleman from Ohio (Mr. HOB- his name to the Federal building and court- man of principle, and of his world. SON) does this. I want to thank him. house there. It is an appropriate recognition

VerDate jul 14 2003 03:51 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\A08FE7.012 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H365 for the nearly 24 years of service in the House of Tony Hall by naming the Federal building the lives of so many here and around the and the 10 years of service in the Ohio Gen- and courthouse in Dayton, OH, in his honor. world. eral Assembly that Tony Hall provided to the Ms. CORRINE BROWN of Florida. Mr. OBERSTAR. Mr. Speaker, I rise in sup- people of Dayton and surrounding areas. Mr. Speaker, I yield back the balance port of H.R. 548, a bill to honor our former col- I miss my dear friend Tony very much as of my time. league Tony Hall by designating the federal our colleague in the House, but I know that he Mr. SHUSTER. Mr. Speaker, I yield 3 building located at 200 West 2nd Street in is absolutely the right person to be serving as minutes to the gentleman from Ohio Dayton, Ohio as the ‘‘Tony Hall Federal Build- the United States Representative to the World (Mr. REGULA). ing and United States Courthouse.’’ The Food Programme, the Food and Agriculture (Mr. REGULA asked and was given House introduced and passed two similar bills Organization, and International Fund for Agri- permission to revise and extend his re- with strong bipartisan support in the 107th and cultural Development, all agencies of the marks.) 108th Congresses. Unfortunately, the other United Nations which assist international hun- Mr. REGULA. Mr. Speaker, I thank body did not vote on either bill. We reintro- ger-relief efforts. the gentleman for yielding me the duced this legislation early in this session and Tony Hall’s name is synonymous with the time. are considering it today to ensure that Con- cause of alleviating hunger both domestically A United States courthouse and Fed- gress has the opportunity to complete action and worldwide. He believes that food is the eral building is a symbol of liberty and on it in the 109th Congress. most basic of human needs, the most basic of justice for all. Tony Hall’s career has Tony Hall was elected to his first term in human rights. been marked with a lifetime of work- Congress in 1978. He went on to serve 11 He passionately worked to convince others ing for the goals of justice and liberty consecutive terms. Congressman Hall spent that the cause of hunger, which often gets lost for all people. A courthouse named 21 years on the House Rules Committee and in the legislative shuffle and pushed aside by after Tony Hall is a fitting tribute to a was chairman of the House Democratic Cau- more visible issues, deserved a prominent life well lived. All of us in Ohio take cus Task Force on Hunger. Congressman share of attention and resources to assist peo- special pride in the accomplishments of Hall’s long career in public service is distin- ple who are the most at risk and too often the our friend and colleague, Tony Hall. guished by his unwavering commitment to hu- least defended. Ms. PELOSI. Mr. Speaker, I rise today in manitarian causes, in particular to combating He also worked as a tireless advocate for strong support of this resolution to name the hunger issues not only in this country, but also the cause of human rights around the world Federal building in Dayton, Ohio after my among the world population. His early commit- and focused his attention on the illicit diamond friend and former colleague, Tony Hall. ment to helping others and serving this Nation trade in Sierra Leone. He convinced me to Tony Hall took great pride in representing began in the Peace Corps, which he joined in travel with him to Sierra Leone in late 1999 to his hometown of Dayton in Congress for near- 1966 after graduating from Denison University see how the machete-wielding rebels there in- ly 24 years. His father had served as Mayor in Ohio. timidated men, women and children by hack- of Dayton, and the strong values he learned I witnessed this commitment first hand in ing off arms, legs, and ears. He led the effort growing up in that community were reflected in 1983 when I traveled with Congressman Hall in bringing to the attention of Congress the everything that he did. Tony fought hard for and two other colleagues to Kansas City. At a conflict diamond trade and authoring legisla- the people of Dayton. time of high unemployment in our country, the tion to certify that the diamonds Americans But Tony Hall is also a citizen of the world. Federal Government was storing surplus milk, buy are not tainted with the blood of the peo- His first job out of college was as Peace butter and cheese in Kansas City. Congress- ple of Sierra Leone and other African nations. Corps volunteer, teaching English in Thailand man Hall was determined to focus national at- We also traveled together in January 2002 from 1966 to 1968. He has visited more than tention on this issue and press for the release to Afghanistan with Congressman JOE PITTS 100 countries in his effort to see, understand, of this surplus food into general distribution. as the first congressional delegation to that and improve the lives of the world’s least for- He even personally went on a hunger strike to country after the launch of the war on ter- tunate. He has fought to end the importation compel the government to release the stored rorism. We visited hospitals, an orphanage, of conflict-diamonds from Africa. And he was food. As a result of these efforts, the stored schools, and refugee camps. We met with a leader in Congress in asking that the U.S. food was eventually distributed to homeless U.S. diplomats and soldiers; with local leaders pay its dues to the United Nations. shelters and the general public. and officials with direct responsibility for hu- Perhaps the issue we most associate with Throughout his career, Congressman Hall manitarian problems and refugees; with rep- Tony Hall is his heroic and tireless work to focused on helping those in need. He pro- resentatives of the United Nations and private end hunger. Tony understands that it is by vir- moted economic development that created relief organizations; and in Pakistan with refu- tue of our humanity—not our citizenship in one jobs, championed efforts to ease food-stamp gees and members of religious minority country or another—that we have certain in- reductions, and in 1997, spearheaded the groups. alienable rights. And Tony knows in his heart ‘‘Hunger Has A Cure’’ campaign. Tony is never deterred in his effort to help that it is wrong, in this age of abundance, to In the international arena, Congressman make a positive difference in the lives of suf- let anyone go hungry—whether they live Hall visited numerous countries around the fering people. In his years in Congress, he across town in Dayton or across the world in world in an effort to focus attention on the traveled to wherever the need arose and met North Korea. In 1993, when the Select Com- problems of world hunger and to promote with whomever he could to effect change, tak- mittee on Hunger, which he chaired, was international aid. He took part in one of the ing risks few would take, with his own comfort eliminated, Tony fasted for 22 days in protest. first Congressional delegation trips to Ethiopia and safety never entering his mind. I was honored to work with Tony Hall on a in the 99th Congress, and he traveled to Ban- I believe Tony’s life destiny is to be a serv- number of human rights issues in Congress, gladesh to observe disaster relief programs in ant. During 1966 and 1967, he taught English particularly on issues involving the repressive the 100th Congress. Congressman Hall also in Thailand as a Peace Corps volunteer. regime in China. He brought to these causes helped create the Select Committee on Hun- He returned to Dayton to work as a realtor a seriousness of purpose and a generosity of ger, which focused on the problem of hunger and small businessman for several years, but spirit that were a constant source of inspira- both domestically and internationally. He before long, he was elected to the Ohio House tion, on issues where inspiration is in short served as Chairman of that Select Committee of Representatives where he served from supply. from 1988 until its elimination in 1993. He was 1969 to 1972, and then to the Ohio Senate, Since he left the Congress, we have fol- also founder and co-chair of the Congres- serving from 1973 to 1978. On November 7, lowed his work with pride as he has served sional Hunger Center, a nonprofit organization 1978, Tony was elected to the House of Rep- with distinction as the U.S. Ambassador to the created to bring awareness to world hunger resentatives from the 3rd District of Ohio and United Nations Agencies for Food and Agri- concerns. Tony Hall made numerous other served with distinction for over two decades. culture. trips across the world to serve as an advocate Tony Hall is an inspiration to everyone fortu- Throughout his career, Tony has never for human rights, including a trip to draw at- nate enough to know him. He has a wonderful shied away from suffering, but he has refused tention to the illicit diamond trade in Sierra combination of compassion and passion filled to accept it as inevitable. As Tony says over Leone. with spiritual purpose—compassion to see the and over: ‘‘Hunger has a cure.’’ As a member Congressman Hall continues to work to ban- suffering in the less fortunate in the world and of Congress, and now as an Ambassador, ish world hunger and promote developmental the passion to work to do something about it. Tony Hall has always been part of that cure. assistance. In 2002, President Bush appointed I urge a unanimous vote in support of H.R. I urge my colleagues to support this fitting him Ambassador to the United Nations Agen- 548, to recognize the dedicated public service tribute to a good and great man who has lifted cies for Food and Agriculture. He was once

VerDate jul 14 2003 03:51 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\A08FE7.006 H08PT1 H366 CONGRESSIONAL RECORD — HOUSE February 8, 2005 aptly described by former colleague Eva Clay- resentatives of United Nations and private re- his hometown of Dayton. I thank the gen- ton as ‘‘the moral conscience of Congress on lief organizations; and in Pakistan with refu- tleman from Springfield, Mr. HOBSON, for intro- issues of hunger and poverty.’’ This bill to des- gees and members of religious minority ducing this legislation to honor our exemplary ignate the ‘‘Tony Hall Federal Building and groups. former colleague. U.S. Courthouse’’ is a fitting tribute to the Tony is never deterred in his effort to help Tony Hall continues to be a tireless advo- compassion and humanity with which Ambas- make a positive difference in the lives of suf- cate for human rights around the world. His sador Hall conducts his public service. fering people. In his years in Congress, he dedication to combating world hunger and I urge all of my colleagues to honor Tony traveled to wherever the need arose and met helping the poor and needy made him the Hall and to support H.R. 548. with whomever he could to effect change, tak- ideal choice to oversee the United Nations Mr. WOLF. Mr. Speaker, I rise in support of ing risks few would take, with his own comfort Agencies for Food and Agriculture, a job for H.R. 548, to designate the Federal Building and safety never entering his mind. which he was tapped in 2002. While we miss and United States courthouse at West 2nd I believe Tony’s life destiny is to be a serv- his leadership and friendship here in the Street in Dayton, Ohio, as the ‘‘Tony Hall Fed- ant. During 1966 and 1967, he taught English House, we know that President Bush could eral Building and United States Courthouse.’’ in Thailand as a Peace Corps volunteer. not have picked a greater humanitarian or Our former colleague Tony Hall, the rep- He returned to Dayton to work as a realtor man of faith for this vital role. resentative of the 3rd District of Ohio for near- and small businessman for several years, but I was honored to serve with Tony for more ly 24 years, continues to serve as the United before long, he was elected to the Ohio House than two decades, and was grateful for the States ambassador to the United Nations food of Representatives where he served from leading role he played and the stellar example and agriculture agencies located in Rome, 1969 to 1972, and then to the Ohio Senate, he provided to all of us. In 2000, when Ohio’s Italy, since his appointment by President Bush serving from 1973 to 1978. On November 7, official State motto—‘‘With God All things Are in 2002. As you may recall, Tony resigned his 1978, Tony was elected to the House of Rep- Possible’’—was struck down by the courts, I House seat to take up the ambassadorial post resentatives from the 3rd District of Ohio and was proud to join with Tony in a House resolu- in Rome, where he is continuing his pas- served with distinction for over two decades. tion supporting our State’s expression of opti- sionate work as a leading advocate for ending Tony Hall is an inspiration to everyone fortu- mism and faith. hunger and promoting food security around nate enough to know him. He has a wonderful Mr. Speaker, this resolution is a fitting trib- the world. combination of compassion and passion filled ute to a true public servant and Nobel Peace I want to thank Congressman DAVID HOB- with spiritual purpose—compassion to see the Prize nominee who has committed his life’s SON of Ohio for introducing H.R. 548 to honor suffering in the less fortunate in the world and work to helping those in need. I urge all my Tony in his hometown of Dayton by attaching the passion to work to do something about it. colleagues to support this bill to honor our his name to the Federal building and court- I urge a unanimous vote in support of H.R. good friend and former colleague whose serv- house there. It is an appropriate recognition 548, to recognize the dedicated public service ice to others is an example for us all. for the nearly 24 years of service in the House of Tony Hall by naming the Federal building Mr. SHUSTER. Mr. Speaker, we have and the 10 years of service in the Ohio Gen- and courthouse in Dayton, Ohio, in his honor. no more speakers at this time. Again, eral Assembly that Tony Hall provided to the Mr. HONDA. Mr. Speaker, I rise today in Mr. Speaker, I ask all my colleagues to people of Dayton and surrounding areas. strong support of H.R. 4232 to designate the support H.R. 548 in honor of Tony Hall I miss my dear friend Tony very much as United States courthouse at 200 West 2nd and for what he has done for this Na- our colleague in the House, but I know that he Street, Dayton, Ohio, as the ‘‘Tony Hall Fed- tion. is absolutely the right person to be serving as eral Building and United States Courthouse.’’ Mr. Speaker, I yield back the balance the United States representative to the World Ambassador Tony Hall served in Congress of my time. Food Programme, the Food and Agriculture for 26 years before accepting an appointment The SPEAKER pro tempore (Mr. Organization, and International Fund for Agri- to the United Nations Agencies for Food and BISHOP of Utah). The question is on the cultural Development, all agencies of the Agriculture in Rome, Italy, where he oversees motion offered by the gentleman from United Nations which assist international hun- the World Food Program, the Food and Agri- Pennsylvania (Mr. SHUSTER) that the ger-relief efforts. culture Organization and the International House suspend the rules and pass the Tony Hall’s name is synonymous with the Fund for Agricultural Development. bill, H.R. 548. cause of alleviating hunger both domestically During his time as Member of Congress, in The question was taken. and worldwide. He believes that food is the his pursuit to eliminate hunger worldwide, Am- The SPEAKER pro tempore. In the most basic of human needs, the most basic of bassador Hall chaired the House Select Com- opinion of the Chair, two-thirds of human rights. mittee on Hunger and founded the Congres- those present have voted in the affirm- He passionately worked to convince others sional Hunger Center. Ambassador Hall has ative. that the cause of hunger, which often gets lost been nominated for the Nobel Peace Prize Mr. SHUSTER. Mr. Speaker, on that in the legislative shuffle and pushed aside by three times for his humanitarian efforts and his I demand the yeas and nays. more visible issues, deserved a prominent work to prevent hunger worldwide. Today we The yeas and nays were ordered. share of attention and resources to assist peo- honor the compassion, faith, and commitment The SPEAKER pro tempore. Pursu- ple who are the most at risk and too often the of the man who once raised public awareness ant to clause 8 of rule XX and the least defended. and attention on hunger issues by fasting for Chair’s prior announcement, further He also worked as a tireless advocate for over three weeks. proceedings on this motion will be the cause of human rights around the world I came to know of Ambassador Hall’s work postponed. and focused his attention on the illicit diamond through my role as Chair of the Ethiopian trade in Sierra Leone. He convinced me to Caucus. He was the first Member of Congress f travel with him to Sierra Leone in late 1999 to to visit Ethiopia during the great famine of GENERAL LEAVE see how the machete-wielding rebels there in- 1984. Since then his commitment to Ethiopia timidated men, women and children by hack- has remained steadfast and he has suc- Mr. SHUSTER. Mr. Speaker, I ask ing off arms, legs, and ears. He led the effort ceeded in directing international aid and unanimous consent that all Members in bringing to the attention of Congress the awareness to the dire hunger situation that the may have 5 legislative days within conflict, diamond trade and authoring legisla- region faces. Much of the Caucus’ work is which to revise and extend their re- tion to certify that the diamonds Americans predicated on the foundation that he built and marks and include extraneous material buy are not tainted with the blood of the peo- Ethiopians and the Ethiopian Caucus are in- on H.R. 548 and H.R. 315, the measures ple of Sierra Leone and other African nations. debted to him for his contributions to the re- just considered by the House. We also traveled together in January 2002 gion. The SPEAKER pro tempore. Is there to Afghanistan with Congressman JOE PITTS Ambassador Hall possesses conviction and objection to the request of the gen- as the first congressional delegation to that compassion befitting a public servant and we tleman from Pennsylvania? country after the launch of the war on ter- are fortunate that he represents the United There was no objection. rorism. We visited hospitals, an orphanage, States abroad. f schools, and refugee camps. We met with Mr. OXLEY. Mr. Speaker, I’m proud to join U.S. diplomats and soldiers; with local leaders my colleagues from Ohio in cosponsoring H.R. RECESS and officials with direct responsibility for hu- 548, which will designate the Tony Hall Fed- The SPEAKER pro tempore. Pursu- manitarian problems and refugees; with rep- eral Building and United States Courthouse in ant to clause 12(a) of rule I, the Chair

VerDate jul 14 2003 05:45 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.008 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H367 declares the House in recess until ap- Davis (IL) Johnson (CT) Osborne Tiberi Walsh Westmoreland Davis (KY) Johnson (IL) Otter Tierney Wamp Whitfield proximately 6:30 p.m. today. Davis (TN) Johnson, E. B. Owens Towns Wasserman Wicker Accordingly (at 3 o’clock and 18 min- Davis, Jo Ann Johnson, Sam Oxley Turner Schultz Wilson (NM) utes p.m.), the House stood in recess Davis, Tom Jones (NC) Pallone Udall (CO) Waters Wilson (SC) until approximately 6:30 p.m. today. Deal (GA) Jones (OH) Pascrell Udall (NM) Watt Wolf DeFazio Kanjorski Pastor Upton Waxman Woolsey f Delahunt Kaptur Paul Van Hollen Weiner Wu DeLauro Keller Pearce Vela´ zquez Weldon (FL) Wynn b 1830 DeLay Kelly Pelosi Visclosky Weldon (PA) Young (AK) Dent Kennedy (MN) Pence Walden (OR) Weller Young (FL) Diaz-Balart, L. Kennedy (RI) Peterson (MN) AFTER RECESS NOT VOTING—20 Diaz-Balart, M. Kildee Peterson (PA) The recess having expired, the House Dicks Kilpatrick (MI) Petri Ackerman Feeney Payne was called to order by the Speaker pro Dingell Kind Pickering Baird Gutierrez Sabo Davis (FL) Hinchey tempore (Mrs. BIGGERT) at 6 o’clock Doggett King (IA) Pitts Snyder Doolittle King (NY) Platts DeGette LoBiondo Stupak and 30 minutes p.m. Doyle Kingston Poe Emerson Lynch Watson Eshoo Neugebauer f Drake Kirk Pombo Wexler Dreier Kline Pomeroy Etheridge Ney Duncan Knollenberg Porter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ANNOUNCEMENT BY THE SPEAKER Edwards Kolbe Portman PRO TEMPORE Ehlers Kucinich Price (GA) The SPEAKER pro tempore (during The SPEAKER pro tempore. Pursu- Emanuel Kuhl (NY) Price (NC) the vote). Members are advised that Engel LaHood Pryce (OH) there are 2 minutes remaining in this ant to clause 8 of rule XX, proceedings English (PA) Langevin Putnam will resume on the motions to suspend Evans Lantos Radanovich vote. Everett Larsen (WA) Rahall the rules previously postponed. Votes b 1856 will be taken in the following order: Farr Larson (CT) Ramstad Fattah Latham Rangel So (two-thirds having voted in favor H. Res. 46, by the yeas and nays; Ferguson LaTourette Regula H.R. 315, by the yeas and nays; Filner Leach Rehberg thereof) the rules were suspended and H.R. 548, by the yeas and nays. Fitzpatrick (PA) Lee Reichert the resolution was agreed to. Flake Levin Renzi The result of the vote was announced The first and third electronic votes Foley Lewis (CA) Reyes will be conducted as 15-minute votes. Forbes Lewis (GA) Reynolds as above recorded. The second vote in this series will be a Ford Lewis (KY) Rogers (AL) A motion to reconsider was laid on 5-minute vote. Fortenberry Linder Rogers (KY) the table. Fossella Lipinski Rogers (MI) f Foxx Lofgren, Zoe Rohrabacher f Frank (MA) Lowey Ros-Lehtinen SUPPORTING THE GOALS AND Franks (AZ) Lucas Ross JOHN MILTON BRYAN SIMPSON IDEALS OF NATIONAL MEN- Frelinghuysen Lungren, Daniel Rothman UNITED STATES COURTHOUSE Gallegly E. Roybal-Allard TORING MONTH Garrett (NJ) Mack Royce The SPEAKER pro tempore (Mrs. The SPEAKER pro tempore. The Gerlach Maloney Ruppersberger BIGGERT). The pending business is the Gibbons Manzullo Rush question of suspending the rules and pending business is the question of sus- Gilchrest Marchant Ryan (OH) pending the rules and agreeing to the Gillmor Markey Ryan (WI) passing the bill, H.R. 315. resolution, H. Res. 46. Gingrey Marshall Ryun (KS) The Clerk read the title of the bill. The Clerk read the title of the resolu- Gohmert Matheson Salazar The SPEAKER pro tempore. The Gonzalez McCarthy Sa´ nchez, Linda question is on the motion offered by tion. Goode McCaul (TX) T. The SPEAKER pro tempore. The Goodlatte McCollum (MN) Sanchez, Loretta the gentleman from Pennsylvania (Mr. question is on the motion offered by Gordon McCotter Sanders SHUSTER) that the House suspend the Granger McCrery Saxton rules and pass the bill, H.R. 315, on the gentleman from Nebraska (Mr. Graves McDermott Schakowsky OSBORNE) that the House suspend the Green (WI) McGovern Schiff which the yeas and nays are ordered. rules and agree to the resolution, H. Green, Al McHenry Schwartz (PA) This will be a 5-minute vote. Res. 46, on which the yeas and nays are Green, Gene McHugh Schwarz (MI) The vote was taken by electronic de- Grijalva McIntyre Scott (GA) vice, and there were—yeas 412, nays 0, ordered. Gutknecht McKeon Scott (VA) The vote was taken by electronic de- Hall McKinney Sensenbrenner not voting 21, as follows: vice, and there were—yeas 414, nays 0, Harman McMorris Serrano [Roll No. 21] Harris McNulty Sessions not voting 20, as follows: Hart Meehan Shadegg YEAS—412 [Roll No. 20] Hastert Meek (FL) Shaw Abercrombie Bono Chabot Hastings (FL) Meeks (NY) Shays Aderholt Boozman Chandler YEAS—414 Hastings (WA) Melancon Sherman Akin Boren Chocola Abercrombie Boehner Cardoza Hayes Menendez Sherwood Alexander Boswell Clay Aderholt Bonilla Carnahan Hayworth Mica Shimkus Allen Boucher Cleaver Akin Bonner Carson Hefley Michaud Shuster Andrews Boustany Clyburn Alexander Bono Carter Hensarling Millender- Simmons Baca Boyd Coble Allen Boozman Case Herger McDonald Simpson Bachus Bradley (NH) Cole (OK) Andrews Boren Castle Herseth Miller (FL) Skelton Baker Brady (PA) Conaway Baca Boswell Chabot Higgins Miller (MI) Slaughter Baldwin Brady (TX) Conyers Bachus Boucher Chandler Hinojosa Miller (NC) Smith (NJ) Barrett (SC) Brown (OH) Cooper Baker Boustany Chocola Hobson Miller, Gary Smith (TX) Barrow Brown (SC) Costa Baldwin Boyd Clay Hoekstra Miller, George Smith (WA) Bartlett (MD) Brown, Corrine Costello Barrett (SC) Bradley (NH) Cleaver Holden Mollohan Sodrel Barton (TX) Brown-Waite, Cox Barrow Brady (PA) Clyburn Holt Moore (KS) Solis Bass Ginny Cramer Bartlett (MD) Brady (TX) Coble Honda Moore (WI) Souder Bean Burgess Crenshaw Barton (TX) Brown (OH) Cole (OK) Hooley Moran (KS) Spratt Beauprez Burton (IN) Crowley Bass Brown (SC) Conaway Hostettler Moran (VA) Stark Becerra Butterfield Cubin Bean Brown, Corrine Conyers Hoyer Murphy Stearns Berkley Buyer Cuellar Beauprez Brown-Waite, Cooper Hulshof Murtha Strickland Berman Calvert Culberson Becerra Ginny Costa Hunter Musgrave Sullivan Berry Camp Cummings Berkley Burgess Costello Hyde Myrick Sweeney Biggert Cannon Cunningham Berman Burton (IN) Cox Inglis (SC) Nadler Tancredo Bilirakis Cantor Davis (AL) Berry Butterfield Cramer Inslee Napolitano Tanner Bishop (GA) Capito Davis (CA) Biggert Buyer Crenshaw Israel Neal (MA) Tauscher Bishop (NY) Capps Davis (FL) Bilirakis Calvert Crowley Issa Northup Taylor (MS) Bishop (UT) Capuano Davis (IL) Bishop (GA) Camp Cubin Istook Norwood Taylor (NC) Blackburn Cardin Davis (KY) Bishop (NY) Cannon Cuellar Jackson (IL) Nunes Terry Blumenauer Cardoza Davis (TN) Bishop (UT) Cantor Culberson Jackson-Lee Nussle Thomas Blunt Carnahan Davis, Jo Ann Blackburn Capito Cummings (TX) Oberstar Thompson (CA) Boehlert Carson Davis, Tom Blumenauer Capps Cunningham Jefferson Obey Thompson (MS) Boehner Carter Deal (GA) Blunt Capuano Davis (AL) Jenkins Olver Thornberry Bonilla Case DeFazio Boehlert Cardin Davis (CA) Jindal Ortiz Tiahrt Bonner Castle Delahunt

VerDate jul 14 2003 03:51 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.024 H08PT1 H368 CONGRESSIONAL RECORD — HOUSE February 8, 2005 DeLauro Kennedy (RI) Peterson (MN) Walsh Weldon (FL) Wolf Dreier LaHood Putnam DeLay Kildee Peterson (PA) Wamp Weldon (PA) Woolsey Duncan Langevin Radanovich Dent Kilpatrick (MI) Petri Wasserman Weller Wu Edwards Lantos Rahall Diaz-Balart, L. Kind Pickering Schultz Westmoreland Wynn Ehlers Larsen (WA) Ramstad Diaz-Balart, M. King (IA) Pitts Waters Whitfield Young (AK) Emanuel Larson (CT) Rangel Dicks King (NY) Platts Watt Wicker Young (FL) Engel Latham Regula Dingell Kingston Poe Waxman Wilson (NM) English (PA) LaTourette Rehberg Doggett Kirk Pombo Weiner Wilson (SC) Evans Leach Reichert Doolittle Kline Pomeroy Everett Lee NOT VOTING—21 Renzi Doyle Knollenberg Porter Farr Levin Reyes Drake Kolbe Portman Ackerman Gerlach Ney Fattah Lewis (CA) Reynolds Dreier Kucinich Price (GA) Baird Gutierrez Payne Ferguson Lewis (GA) Rogers (AL) Duncan Kuhl (NY) Price (NC) DeGette Hinchey Sabo Filner Lewis (KY) Rogers (KY) Edwards LaHood Pryce (OH) Emerson Holt Snyder Fitzpatrick (PA) Linder Rogers (MI) Ehlers Langevin Putnam Eshoo LoBiondo Stupak Flake Lipinski Rohrabacher Emanuel Lantos Radanovich Etheridge Lynch Watson Foley Lofgren, Zoe Ros-Lehtinen Engel Larsen (WA) Rahall Feeney Neugebauer Wexler Forbes Lowey Ross English (PA) Larson (CT) Ramstad Ford Lucas ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Rothman Evans Latham Rangel Fortenberry Lungren, Daniel Roybal-Allard Everett LaTourette Regula The SPEAKER pro tempore (Mrs. Fossella E. Royce Farr Leach Rehberg BIGGERT) (during the vote). Members Foxx Mack Ruppersberger Fattah Lee Reichert Frank (MA) Maloney Rush Ferguson Levin Renzi are reminded there are 2 minutes re- Franks (AZ) Manzullo maining in this vote. Ryan (OH) Filner Lewis (CA) Reyes Frelinghuysen Marchant Ryan (WI) Fitzpatrick (PA) Lewis (GA) Reynolds Gallegly Markey b 1907 Ryun (KS) Flake Lewis (KY) Rogers (AL) Garrett (NJ) Marshall Salazar Foley Linder Rogers (KY) So (two-thirds having voted in favor Gibbons Matheson Sa´ nchez, Linda Forbes Lipinski Rogers (MI) Gilchrest McCarthy thereof) the rules were suspended and T. Ford Lofgren, Zoe Rohrabacher Gillmor McCaul (TX) Sanchez, Loretta Fortenberry Lowey Ros-Lehtinen the bill was passed. Gingrey McCollum (MN) Sanders Fossella Lucas Ross The result of the vote was announced Gohmert McCotter Saxton Foxx Lungren, Daniel Rothman Gonzalez McCrery Schakowsky Frank (MA) E. Roybal-Allard as above recorded. Goode McDermott A motion to reconsider was laid on Schiff Franks (AZ) Mack Royce Goodlatte McGovern Schwartz (PA) Frelinghuysen Maloney Ruppersberger the table. Gordon McHenry Schwarz (MI) Gallegly Manzullo Rush Graves McHugh Scott (GA) Garrett (NJ) Marchant Ryan (OH) f Green (WI) McIntyre Scott (VA) Gibbons Markey Ryan (WI) Green, Al McKeon Sensenbrenner Gilchrest Marshall Ryun (KS) TONY HALL FEDERAL BUILDING Green, Gene McKinney Serrano Gillmor Matheson Salazar AND UNITED STATES COURT- Grijalva McMorris Sessions ´ Gingrey McCarthy Sanchez, Linda HOUSE Gutknecht McNulty Shadegg Gohmert McCaul (TX) T. Hall Meehan Shaw Gonzalez McCollum (MN) Sanchez, Loretta The SPEAKER pro tempore. The Harman Meek (FL) Shays Goode McCotter Sanders pending business is the question of sus- Harris Meeks (NY) Sherman McCrery Saxton Goodlatte pending the rules and passing the bill, Hart Melancon Sherwood Gordon McDermott Schakowsky Hastings (FL) Menendez Shimkus Granger McGovern Schiff H.R. 548. Hastings (WA) Mica Shuster Graves McHenry Schwartz (PA) The Clerk read the title of the bill. Hayes Michaud Simmons Green (WI) McHugh Schwarz (MI) The SPEAKER pro tempore. The Hayworth Millender- Simpson Green, Al McIntyre Scott (GA) Hefley McDonald question is on the motion offered by Skelton Green, Gene McKeon Scott (VA) Hensarling Miller (FL) Slaughter Grijalva McKinney Sensenbrenner the gentleman from Pennsylvania (Mr. Herger Miller (MI) Smith (NJ) Gutknecht McMorris Serrano SHUSTER) that the House suspend the Herseth Miller (NC) Smith (TX) Hall McNulty Sessions Higgins Miller, Gary Smith (WA) Harman Meehan Shadegg rules and pass the bill, H.R. 548, on Hinojosa Miller, George which the yeas and nays are ordered. Sodrel Harris Meek (FL) Shaw Hobson Mollohan Solis Hart Meeks (NY) Shays Hoekstra Moore (KS) The vote was taken by electronic de- Souder Hastings (FL) Melancon Sherman Holden Moore (WI) vice, and there were—yeas 404, nays 0, Spratt Hastings (WA) Menendez Sherwood Honda Moran (KS) Stark Hayes Mica Shimkus not voting 29, as follows: Hooley Moran (VA) Strickland Hayworth Michaud Shuster Hostettler Murphy [Roll No. 22] Sullivan Hefley Millender- Simmons Hoyer Murtha Sweeney Hensarling McDonald Simpson YEAS—404 Hulshof Musgrave Tancredo Herger Miller (FL) Skelton Abercrombie Boswell Conaway Hunter Myrick Tanner Herseth Miller (MI) Slaughter Aderholt Boucher Conyers Hyde Nadler Tauscher Higgins Miller (NC) Smith (NJ) Akin Boustany Cooper Inglis (SC) Neal (MA) Taylor (MS) Hinojosa Miller, Gary Smith (TX) Alexander Boyd Costa Inslee Northup Terry Hobson Miller, George Smith (WA) Allen Bradley (NH) Costello Israel Norwood Hoekstra Mollohan Sodrel Andrews Brady (PA) Cox Issa Nunes Thomas Holden Moore (KS) Solis Baca Brady (TX) Cramer Istook Nussle Thompson (CA) Honda Moore (WI) Souder Bachus Brown (OH) Crenshaw Jackson (IL) Oberstar Thompson (MS) Hooley Moran (KS) Spratt Baker Brown (SC) Crowley Jackson-Lee Obey Thornberry Hostettler Moran (VA) Stark Baldwin Brown, Corrine Cubin (TX) Olver Tiahrt Hoyer Murphy Stearns Barrett (SC) Brown-Waite, Cuellar Jefferson Ortiz Tiberi Hulshof Murtha Strickland Barrow Ginny Culberson Jenkins Osborne Tierney Hunter Musgrave Sullivan Bartlett (MD) Burgess Cummings Jindal Otter Towns Hyde Myrick Sweeney Barton (TX) Burton (IN) Cunningham Johnson (CT) Owens Turner Inglis (SC) Nadler Tancredo Bass Butterfield Davis (AL) Johnson (IL) Oxley Udall (CO) Inslee Napolitano Tanner Bean Buyer Davis (CA) Johnson, E. B. Pallone Udall (NM) Israel Neal (MA) Tauscher Beauprez Calvert Davis (FL) Johnson, Sam Pascrell Upton Issa Northup Taylor (MS) Becerra Camp Davis (IL) Jones (NC) Pastor Van Hollen Istook Norwood Taylor (NC) Berkley Cannon Davis (KY) Jones (OH) Paul Vela´ zquez Jackson (IL) Nunes Terry Berman Cantor Davis (TN) Kanjorski Pearce Visclosky Jackson-Lee Nussle Thomas Berry Capito Davis, Jo Ann Kaptur Pelosi Walden (OR) (TX) Oberstar Thompson (CA) Biggert Capps Davis, Tom Keller Pence Walsh Jefferson Obey Thompson (MS) Bilirakis Capuano Deal (GA) Kelly Peterson (MN) Wamp Jenkins Olver Thornberry Bishop (GA) Cardin DeFazio Kennedy (MN) Peterson (PA) Wasserman Jindal Ortiz Tiahrt Bishop (NY) Carnahan Delahunt Kennedy (RI) Petri Schultz Johnson (CT) Osborne Tiberi Bishop (UT) Carson DeLauro Kildee Pickering Waters Johnson (IL) Otter Tierney Blackburn Carter DeLay Kilpatrick (MI) Pitts Watt Johnson, E. B. Owens Towns Blumenauer Case Dent Kind Platts Waxman Johnson, Sam Oxley Turner Blunt Castle Diaz-Balart, L. King (IA) Poe Weiner Jones (NC) Pallone Udall (CO) Boehlert Chabot Diaz-Balart, M. King (NY) Pombo Weldon (FL) Jones (OH) Pascrell Udall (NM) Boehner Chandler Dicks Kingston Pomeroy Weldon (PA) Kanjorski Pastor Upton Bonilla Chocola Dingell Kline Porter Weller Kaptur Paul Van Hollen Bonner Clay Doggett Knollenberg Portman Westmoreland Keller Pearce Vela´ zquez Bono Cleaver Doolittle Kolbe Price (GA) Whitfield Kelly Pelosi Visclosky Boozman Coble Doyle Kucinich Price (NC) Wicker Kennedy (MN) Pence Walden (OR) Boren Cole (OK) Drake Kuhl (NY) Pryce (OH) Wilson (NM)

VerDate jul 14 2003 03:51 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.018 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H369 Wolf Wu Young (AK) tleman from North Carolina (Mr. largest number of high school grad- Woolsey Wynn Young (FL) JONES) is recognized for 5 minutes. uates in history, and it is going up and NOT VOTING—29 (Mr. JONES of North Carolina ad- up and up until the year 2008, and then Ackerman Granger Payne dressed the House. His remarks will ap- it will decline. Baird Gutierrez Sabo pear hereafter in the Extensions of Re- The third challenge is we face a Pell Cardoza Hinchey Snyder marks.) grant deficit of $4.3 billion that made Clyburn Holt Stearns DeGette Kirk Stupak f these increases hard. President Bush’s Emerson LoBiondo budget pays that Pell grant deficit off. Taylor (NC) ORDER OF BUSINESS Eshoo Lynch Watson The final chart I would like to show Etheridge Napolitano Wexler Mr. KELLER. Madam Speaker, I ask Feeney Neugebauer is showing the overall Pell grant fund- Wilson (SC) Gerlach Ney unanimous consent to take my Special ing for the past 10 years. As Members Order at this time. can see, in 1996 Pell grants were funded ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore. Is there The SPEAKER pro tempore (Mrs. at $4.9 billion. Under this budget just objection to the request of the gen- announced by the President, Pell BIGGERT) (during the vote). Members tleman from Florida? grants are funded at almost $18 billion. are advised 2 minutes remain in this There was no objection. vote. In other words, we have more than tri- f pled funding for Pell grants over the 1924 b PELL GRANT FUNDING past 10 years. So (two-thirds having voted in favor Members will also note that the The SPEAKER pro tempore. Under a amount we spent last year, $12.4 bil- thereof) the rules were suspended and previous order of the House, the gen- the bill was passed. lion, has been increased 45 percent to tleman from Florida (Mr. KELLER) is The result of the vote was announced $18 billion, the largest increase in any recognized for 5 minutes. domestic program. as above recorded. Mr. KELLER. Madam Speaker, I rise A motion to reconsider was laid on As we look to the future, the Presi- today to speak in favor of a part of dent’s budget indicates that we are the table. President Bush’s budget that receives f going to raise Pell grants by $500 over no fanfare or publicity, and that is Pell a 5-year period, and an additional $1,000 PERSONAL EXPLANATION grants. Pell grants are dollars that we will be funded through the Pell Grant give to children from low- and mod- Plus Act, legislation I filed, and which Mr. GUTIERREZ. Mr. Speaker, I was un- erate-income families to help them go avoidably absent today from this Chamber. I President Bush’s budget fully funds. to college. I personally would not have Mr. Speaker, Pell grants are truly would like the RECORD to show that, had I been able to go to college without Pell been present, I would have voted ‘‘yea’’ on the passport out of poverty for so many grants, and I serve as chairman of the worthy young people. Not only is in- rollcall votes 20, 21 and 22. Congressional Pell Grant Caucus. f creasing Pell grants the right think to When I was elected to Congress in do for young people, to help low-in- ELECTION OF MEMBER TO 2000, I made increasing Pell grant fund- come college kids fulfill their Amer- COMMITTEE ON THE BUDGET ing my top priority, and with this ican Dream; it is the right thing to do budget, President Bush has done his Mr. BOUSTANY. Madam Speaker, I for the Treasury. By investing $13 bil- part, too. offer a resolution (H.R. 68), and I ask lion in Pell grants, it helps generate Now, I have heard some people com- unanimous consent for its immediate over $85 billion a year in additional plain that maybe the President and consideration in the House. revenue because the average college Congress are not doing enough to in- The SPEAKER pro tempore. The graduate makes 75 percent more than crease Pell grants, so I am here today Clerk will report the resolution. the average high school graduate. to provide a little straight talk regard- The Clerk read as follows: Mr. Speaker, I hope our colleagues on ing Pell grant funding. both sides of the aisle will understand H. RES. 68 Let us begin by comparing funding Resolved, That the following Member be and appreciate our efforts to increase situations in 2000 with the President’s funding for Pell grants and will vote and is hereby elected to the following stand- current budget proposal. As Members ing committee of the House of Representa- ‘‘yes’’ on this budget. can see, we have increased Pell grant tives: f Committee on the Budget: Mr. Simpson to funding overall by 137 percent since the rank after Mr. Ryan of Wisconsin. year 2000 from $7.6 billion to $18 billion. The SPEAKER pro tempore (Mr. We have also increased the individual CONAWAY). Under a previous order of The SPEAKER pro tempore. Is there the House, the gentleman from Illinois objection to the request of the gen- awards from $3,300 to $4,150 with an (Mr. EMANUEL) is recognized for 5 min- tleman from Louisiana? extra $1,000 for those smart kids who qualify under the Pell Grant Plus Pro- utes. There was no objection. (Mr. EMANUEL addressed the House. The resolution was agreed to. gram by taking rigorous courses. And we also have an additional 1.6 million His remarks will appear hereafter in A motion to reconsider was laid on the Extensions of Remarks.) the table. students who are now eligible for Pell grants, an increase of 41 percent. f f Some say that maybe we should be ORDER OF BUSINESS SPECIAL ORDERS doing even more than this. Well, let us Ms. CORRINE BROWN of Florida. The SPEAKER pro tempore. Under compare the history. Over the past 20 Mr. Speaker, I ask unanimous consent the Speaker’s announced policy of Jan- years, we have had Pell grants, dem- to take my Special Order at this time. uary 4, 2005, and under a previous order onstrated here based on the Demo- The SPEAKER pro tempore. Is there of the House, the following Members cratic-controlled Congress in yellow objection to the request of the gentle- will be recognized for 5 minutes each. from 1986 to 1995, and the Republican Congress afterwards. As Members can woman from Florida? f see before Republican control of Con- There was no objection. The SPEAKER pro tempore. Under a gress, the Pell grant level remained f previous order of the House, the gentle- flat at or around $2,300, and increased woman from New York (Mrs. MCCAR- dramatically up to $4,150 today, with REVERSE ROBIN HOOD THY) is recognized for 5 minutes. an extra $1,000 for those who qualify for The SPEAKER pro tempore. Under a (Mrs. MCCARTHY addressed the the Pell Grant Plus Program. previous order of the House, the gentle- House. Her remarks will appear here- Some say, why just a $100 increase woman from Florida (Ms. BROWN) is after in the Extensions of Remarks.) for students, why not more? Well, for recognized for 5 minutes. f every $100, it costs the taxpayers $400 Ms. CORRINE BROWN of Florida. The SPEAKER pro tempore. Under a billion to pay for it. We also have the Mr. Speaker, this budget is another ex- previous order of the House, the gen- especially large challenge of having the ample of reverse Robin Hood, robbing

VerDate jul 14 2003 03:54 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.017 H08PT1 H370 CONGRESSIONAL RECORD — HOUSE February 8, 2005 from the veterans, the homeless, public them an annual $250 fee and doubling when we deregulated the airline industry. Only education, public transportation, the the copayment on prescription drugs the lucrative routes would be maintained, and poor and the elderly, to give away huge for the privilege is unacceptable. These routes to Rural locations will be expensive and tax breaks to those who contributed to men and women have already paid few. President Bush’s reelection campaign. their deduction in their service pro- I was in New York shortly after September b 1930 tecting this country’s freedom. Most of 11th when the plane leaving JFK airport crash the ‘‘increase’’ this administration into the Bronx. I, along with many of my col- Let me be clear. This budget is an- claims for veterans’ medical needs leagues in both the House and Senate took other clear example of reverse Robin come from these fees. AMTRAK back to Washington. I realized once Hood: robbing from the veterans, the This budget is completely unrealistic again just how important AMTRAK is to the homeless, public education, public because it leaves out countless items. American people, and how important it is for transportation, the poor and the elder- Once administration initiatives like this Nation to have alternative modes of ly, to give away huge tax breaks to additional costs for military oper- Transportation. those who contributed to President ations in Iraq; Social Security privat- This isn’t about fiscal policy, this is about Bush’s reelection campaign. ization, which is unacceptable; and per- providing a safe and reliable public transpor- This administration is cutting the manent tax cuts for the wealthy are in- tation system that the citizens of this Nation programs that our Nation and its citi- cluded, the Nation’s deficit, which is need and deserve. zens need most, while dissolving the the highest in the history of this coun- f safety nets created to protect the el- try, will spiral even higher. This is an PUBLICATION OF THE RULES OF derly and less fortunate in this wealthy administration that not only does not Nation. This budget cuts $500 million THE COMMITTEE ON WAYS AND have a plan to erase the deficit, but by MEANS, 109TH CONGRESS in job training at a time when proposing to make their tax cuts per- outsourcing has left many Americans manent, they will push the current The SPEAKER pro tempore (Mr. without work; slashes hundreds of mil- deficits to sky-high levels. CONAWAY). Under a previous order of lions in funding for police and fire- This is a terrible budget for the the House, the gentleman from Cali- fighters used to protect local commu- American people. The President’s budg- fornia (Mr. THOMAS) is recognized for 5 nities from terrorists. et is the people’s budget, and I will minutes. And let me add that since this ad- fight to ensure that my constituents’ Mr. THOMAS. Mr. Speaker, in accordance ministration has been in place, we have priorities are reflected in this budget. with Clause 2 of Rule XI of the Rules of the not funded the COPS program at all. The current issues concerning Amtrak House, I respectfully submit the rules of the It doubles drug copayments for vet- brings up a fundamental question of where Committee on Ways and Means for printing in erans as they struggle to get the health this Nation stands on public Transportation. the CONGRESSIONAL RECORD. On February 2, care they need. Let me repeat, doubles We have an opportunity to improve a system 2005, the Committee on Ways and Means drug copayments for veterans as they that serves our need for passenger rail serv- adopted by voice vote, a quorum being struggle to get the health care that ice, or we can let it fall apart, and leave this present, the following committee rules. they need. It cuts funding for the Cen- country’s travelers and businesses with abso- PART I ters for Disease Control and Prevention lutely no alternative form of public transpor- RULES OF THE COMMITTEE ON WAYS AND while we are under the threat of a bio- tation. MEANS FOR THE 109TH CONGRESS terrorist attack. I do not understand it. Without the funding Amtrak needs to keep Rule XI of the Rules of the House of Rep- Cuts funding to the Low-Income En- operating, we will soon see people that rely on resentatives, provides in part: * * * 1.(a)(1)(A) The Rules of the House are ergy Assistance Program as fuel prices Amtrak to get them to work each day, waiting soar. the rules of its committees and subcommit- for a train that isn’t coming. tees so far as applicable. Now this is a real gimmick here: It We continue to subsidize highways and (B) Each subcommittee is a part of its zeroes out funding for Amtrak, zeroes aviation, but when it comes to our passenger committee and is subject to the authority out funding for Amtrak, which is the rail system, we refuse to provide the money and direction of that committee and to its Nation’s only mass transportation sys- Amtrak needs to survive. rules, so far as applicable. tem. And it totally destroys the Med- This issue is so much bigger than just trans- (2)(A) In a committee or subcommittee— (i) a motion to recess from day to day, or icaid program, which protects the poor portation. This is about safety and national se- and elderly. to recess subject to the call of the Chair curity. Not only should we be giving Amtrak (within 24 hours), shall be privileged; and Veterans continue to get the short the money it needs to continue providing serv- (ii) a motion to dispense with the first end of the stick when it comes to this ice, we should be providing security money to reading (in full) of a bill or resolution shall administration. And let me point out, upgrade their tracks and improve safety and be privileged if printed copies are available. today’s veterans are yesterday’s sol- security measures in the entire rail system. (B) A motion accorded privilege under this diers. Those are the people who are Once again we see the Bush Administra- subparagraph shall be decided without de- fighting to protect this country. They bate. * * * tions paying for its failed policies by cutting * * * 2.(a)(1) Each standing committee are the ones who are getting the short funds to vital public services and jeopardizing shall adopt written rules governing its proce- end of the stick. more American jobs. This Administration sees dure. The budget raises health care costs nothing wrong with taking money from the Such rules— for hundreds of thousands of veterans, hard working Amtrak employees who work day (A) Shall be adopted in a meeting that is imposing new copayments on prescrip- and night to provide top quality service to their open to the public unless the committee, in tion drugs and enrollment fees that passengers. These folks are trying to make a open session and with a quorum present, de- will cost veterans hundreds of millions termines by record vote that all or part of living for their families, and they don’t deserve the meeting on that day shall be closed to of dollars. As America prepares to wel- this shabby treatment from the President. the public; come a new generation of veterans It’s time for this Administration to step up to (B) may not be inconsistent with the Rules home from Iraq, it is short-changing the plate and make a decision about Amtrak of the House or with those provisions of law health care programs, providing about based on what’s best for the traveling public, having the force and effect of Rules of the $2 billion less than veterans’ service or- not what’s best for the right wing of the Re- House * * *. ganizations believe is needed. publican party and the bean counters at OMB. In accordance with the foregoing, the Com- And the budget once again fails to re- I represent Central Florida, which depends mittee on Ways and Means, on February 2, 2005, adopted the following as the Rules of peal the disabled veterans tax, which on tourism for its economy, and we need peo- the Committee for the 109th Congress. forces disabled military retirees to give ple to be able to get to the state to enjoy it. A. GENERAL up $1 of their pension for every $1 of Ever since September 11th, more and more Rule 1. Application of Rules disability pay they receive. We owe it people are turning from the airlines to Amtrak, to the soldiers, airmen, sailors, and Except where the terms ‘‘full Committee’’ and they deserve safe and dependable serv- and ‘‘Subcommittee’’ are specifically re- Marines who have served as a source of ice. ferred to, the following rules shall apply to pride in our Nation to begin enrolling Some people think that the solution to the the Committee on Ways and Means and its Priority 8 veterans into the VA health problem is to privatize the system. If we pri- Subcommittees as well as to the respective care system. However, charging each of vatize, we will see the same thing we saw Chairmen.

VerDate jul 14 2003 05:45 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.038 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H371 Rule 2. Meeting Date and Quorums of Committee Members and Committee staff. (5) Include any advertisement for any pri- The regular meeting day of the Committee Official travel to be reimbursed from funds vate individual, firm, or corporation, or on Ways and Means shall be on the second set aside for the full Committee for any imply in any manner that the Government Wednesday of each month while the House is Member or any committee staff member endorses or favors any specific commercial in session. However, the Committee shall not shall be paid only upon the prior authoriza- product, commodity, or service. meet on the regularly scheduled meeting day tion of the Chairman. Official travel may be B. SUBCOMMITTEES if there is no business to be considered. authorized by the Chairman for any Member Rule 8. Subcommittee Ratios and Jurisdiction A majority of the Committee constitutes a and any committee staff member in connec- All matters referred to the Committee on quorum for business; provided however, that tion with the attendance of hearings con- Ways and Means involving revenue meas- two Members shall constitute a quorum at ducted by the Committee, its Subcommit- ures, except those revenue measures referred any regularly scheduled hearing called for tees, or any other Committee or Sub- to Subcommittees under paragraphs 1, 2, 3, 4, the purpose of taking testimony and receiv- committee of the Congress on matters rel- 5, or 6 shall be considered by the full Com- ing evidence. In establishing a quorum for evant to the general jurisdiction of the Com- mittee and not in Subcommittee. There shall purposes of public hearing, every effort shall mittee, and meetings, conferences, facility be six standing Subcommittees as follows: a be made to secure the presence of at least inspections, and investigations which in- Subcommittee on Trade; a Subcommittee on one Member each from the majority and the volve activities or subject matter relevant to Oversight; a Subcommittee on Health; a Sub- minority. the general jurisdiction of the Committee. committee on Social Security; a Sub- The Chairman of the Committee may call Before such authorization is given, there committee on Human Resources; and a Sub- and convene, as he considers necessary, addi- shall be submitted to the Chairman in writ- committee on Select Revenue Measures. The tional meetings of the Committee for the ing the following: ratio of Republicans to Democrats on any consideration of any bill or resolution ending (1) The purpose of the official travel; Subcommittee of the Committee shall be before the Committee or for the conduct of (2) The dates during which the official consistent with the ratio of Republicans to other Committee business. The Committee travel is to be made and the date or dates of Democrats on the full Committee. shall meet pursuant to the call of the Chair. the event for which the official travel is 1. The Subcommittee on Trade shall con- being made; sist of 15 Members, 9 of whom shall be Re- Rule 3. Committee Budget (3) The location of the event for which the For each Congress, the Chairman, in con- publicans and 6 of whom shall be Democrats. official travel is to be made; and The jurisdiction of the Subcommittee on sultation with the Majority Members of the (4) The names of Members and Committee Trade shall include bills and matters re- Committee, shall prepare a preliminary staff seeking authorization. ferred to the Committee on Ways and Means budget. Such budget shall include necessary In the case of official travel of Members that relate to customs and customs adminis- and staff of a Subcommittee to hearings, amounts for staff personnel, travel, inves- tration including tariff and import fee struc- meetings, conferences, facility inspections tigation, and other expenses of the Com- ture, classification, valuation of and special and investigations involving activities or mittee. After consultation with the Minority rules applying to imports, and special tariff subject matter under the jurisdiction of such Members, the Chairman shall include an provisions and procedures which relate to Subcommittee prior authorization must be amount budgeted by Minority Members. customs operation affecting exports and im- obtained from the Subcommittee Chairman Thereafter, the Chairman shall combine such ports; import trade matters, including im- and the full Committee Chairman. Such proposals into a consolidated Committee port impact, industry relief from injurious prior authorization shall be given by the budget, and shall present the same to the imports, adjustment assistance and pro- Chairman only upon the representation by Committee for its approval or other action. grams to encourage competitive responses to the applicable Subcommittee Chairman in The Chairman shall take whatever action is imports, unfair import practices including writing setting forth those items enumer- necessary to have the budget as finally ap- antidumping and countervailing duty provi- ated above. proved by the Committee duly authorized by sions, and import policy which relates to de- Withn 60 days of the conclusion of any offi- the House. After said budget shall have been pendence on foreign sources of supply; com- cial travel authorized under this rule, there adopted, no substantial change shall be made modity agreements and reciprocal trade shall be submitted to the full Committee in such budget unless approved by the Com- agreements including multilateral and bilat- Chairman a written report covering the in- mittee. eral trade negotiations and implementation formation gained as a result of the hearing, Rule 4. Publication of Committee Documents of agreements involving tariff and nontariff meeting, conference, facility inspection or trade barriers to and distortions of inter- Any Committee or Subcommittee print, investigation attended pursuant to such offi- national trade; international rules, organiza- document, or similar material prepared for cial travel. public distribution shall either be approved tions and institutional aspects of inter- Rule 6. Availability of Committee Records and by the Committee or Subcommittee prior to national trade agreements; budget author- Publications distribution and opportunity afforded for the izations for the customs revenue functions of inclusion of supplemental, minority or addi- The records of the Committee at the Na- the Department of Homeland Security, the tional views, or such document shall contain tional Archives and Records Administration U.S. International Trade Commission, and on its cover the following disclaimer: shall be made available for public use in ac- the U.S. Trade Representative; and special Prepared for the use of Members of the cordance with Rule VII of the Rules of the trade-related problems involving market ac- Committee on Ways and Means by members House of Representatives. The Chairman cess, competitive conditions of specific in- of its staff. This document has not been offi- shall notify the Ranking Minority Member dustries, export policy and promotion, access cially approved by the Committee and may of any decision, pursuant to clause 3(b)(3) or to materials in short supply, bilateral trade not reflect the views of its Members. clause 4(b) of Rule VII, to withhold a record relations including trade with developing Any such print, document, or other mate- otherwise available, and the matter shall be countries, operations of multinational cor- rial not officially approved by the Com- presented to the Committee for a determina- porations, and trade with nonmarket econo- mittee or Subcommittee shall not include tion on the written request of any Member of mies. the names of its Members, other than the the Committee. The Committee shall, to the 2. The Subcommittee on Oversight shall name of the full Committee Chairman or maximum extent feasible, make its publica- consist of 13 Members, 8 of whom shall be Re- Subcommittee Chairman under whose au- tions available in electronic form. publicans and 5 of whom shall be Democrats. thority the document is released. Any such Rule 7. Websites The jurisdiction of the Subcommittee on document shall be made available to the full The minority shall be entitled to a sepa- Oversight shall include all matters within Committee Chairman and Ranking Minority rate website that is linked to and accessible the scope of the full Committee’s jurisdic- Member not less than 3 calendar days (ex- only from the full Committee’s website. For tion but shall be limited to existing law. cluding Saturdays, Sundays, and legal holi- any website created under this policy, the Said oversight jurisdiction shall not be ex- days) prior to its public release. Ranking Minority Member is responsible for clusive but shall be concurrent with that of The requirements of this rule shall apply its content and must be identified on the in- the other Subcommittees. With respect to only to the publication of policy-oriented, troductory page. matters involving the Internal Revenue Code analytical documents, and not to the publi- All Committee websites must comply with and other revenue issues, said concurrent ju- cation of public hearings, legislative docu- House Regulations. risdiction shall be shared with the full Com- ments, documents which are administrative The content of a committee website may mittee. Before undertaking any investiga- in nature or reports which are required to be not: tion or hearing, the Chairman of the Sub- submitted to the Committee under public (1) Include personal, political, or campaign committee on Oversight shall confer with law. The appropriate characterization of a information. the Chairman of the full Committee and the document subject to this rule shall be deter- (2) Be directly linked or refer to websites Chairman of any other Subcommittee having mined after consultation with the Minority. created or operated by campaign or any cam- jurisdiction. paign related entity, including political par- 3. The Subcommittee on Health shall con- Rule 5. Official Travel ties and campaign committees. sist of 13 Members, 8 of whom shall be Re- Consistent with the primary expense reso- (3) Include grassroots lobbying or solicit publicans and 5 of whom shall be Democrats. lution and such additional expense resolu- support for a Member’s position. The jurisdiction of the Subcommittee on tion as may have been approved, the provi- (4) Generate, circulate, solicit or encour- Health shall include bills and matters re- sions of this rule shall govern official travel age signing petitions. ferred to the Committee on Ways and Means

VerDate jul 14 2003 03:54 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.022 H08PT1 H372 CONGRESSIONAL RECORD — HOUSE February 8, 2005 that relate to programs providing payments by the regular Members of the Sub- in the published hearing record. In addition (from any source) for health care, health de- committee. Ex-officio Members shall neither to the requirements of clause 2(g)(4) of Rule livery systems, or health research. More spe- vote in the Subcommittee nor be taken into XI, of the Rules of the House, regarding in- cifically, the jurisdiction of the Sub- consideration for purposes of determining formation required of public witnesses, a committee on Health shall include bills and the ratio of the Subcommittee. witness shall limit his oral presentation to a matters that relate to the health care pro- Rule 10. Subcommittee Meetings summary of his position and shall provide grams of the Social Security Act (including sufficient copies of his written statement to Insofar as practicable, meetings of the full titles V, XI (Part B), XVIII, and XIX thereof) the Clerk for distribution to Members, staff Committee and its Subcommittees shall not and, concurrent with the full Committee, tax and news media. conflict. Subcommittee Chairmen shall set credit and deduction provisions of the Inter- A witness appearing at a public hearing, or meeting dates after consultation with the nal Revenue Code dealing with health insur- submitting a statement for the record of a Chairman of the full Committee and other ance Premiums and health care costs. public hearing, or submitting written com- Subcommittee Chairmen with a view toward 4. The Subcommittee on Social Security ments in response to a published request for avoiding, wherever possible, simultaneous shall consist of 13 Members, 8 of whom shall comments by the Committee must include scheduling of full Committee and Sub- be Republicans and 5 of whom shall be Demo- on his statement or submission a list of all committee meetings or hearings. crats. clients, persons, or organizations on whose The jurisdiction of the Subcommittee on Rule 11. Reference of Legislation and Sub- behalf the witness appears. Oral testimony Social Security shall include bills and mat- committee Reports and statements for the record, or written comments in response to a request for com- ters referred to the Committee on Ways and Except for bills or measures retained by ments by the Committee, will be accepted Means that relate to the Federal Old-Age, the Chairman of the full Committee for full only from citizens of the United States or Survivors’ and Disability Insurance System, Committee consideration, every bill or other corporations or associations organized under the Railroad Retirement System, and em- measure referred to the Committee shall be the laws of one of the 50 States of the United ployment taxes and trust fund operations re- referred by the Chairman of the full Com- States or the District of Columbia, unless lating to those systems. More specifically, mittee to the appropriate Subcommittee in a otherwise directed by the Chairman of the the jurisdiction of the Subcommittee on So- timely manner. A Subcommittee shall, with- full Committee or Subcommittee involved. cial Security shall include bills and matters in 3 legislative days of the referral, acknowl- Written statements from non-citizens may involving title II of the Social Security Act edge same to the full Committee. be considered for acceptance in the record if and Chapter 22 of the Internal Revenue Code After a measure has been pending in a Sub- transmitted to the Committee in writing by (the Railroad Retirement Tax Act), as well committee for a reasonable period of time, Members of Congress. as provisions in title VII and title XI of the the Chairman of the full Committee may Rule 14. Questioning of Witnesses Act relating to procedure and administration make a request in writing to the Sub- Committee Members may question wit- involving the Old-Age, Survivors’ and Dis- committee that the Subcommittee forthwith nesses only when recognized by the Chair- ability Insurance System. report the measure to the full Committee man for that purpose. All Members shall be 5. The Subcommittee on Human Resources with its recommendations. If within 7 legis- limited to 5 minutes on the initial round of shall consist of 13 Members, 8 of whom shall lative days after the Chairman’s written re- questioning. In questioning witnesses under be Republicans and 5 of whom shall be Demo- quest, the Subcommittee has not so reported the 5-minute rule, the Chairman and the crats. the measure, then there shall be in order in Ranking Minority Member shall be recog- The jurisdiction of the Subcommittee on the full Committee a motion to discharge nized first after which Members who are in Human Resources shall include bills and the Subcommittee from further consider- attendance at the beginning of a hearing will matters referred to the Committee on Ways ation of the measure. If such motion is ap- be recognized in the order of their seniority and Means that relate to the public assist- proved by a majority vote of the full Com- on the Committee. Other Members shall be ance provisions of the Social Security Act mittee, the measure may thereafter be con- recognized in the order of their appearance including temporary assistance for needy sidered only by the full Committee. at the hearing. In recognizing Members to families, child care, child and family serv- No measure reported by a Subcommittee question witnesses, the Chairman may take ices, child support, foster care, adoption sup- shall be considered by the full Committee into consideration the ratio of Majority plemental security income social services, unless it has been presented to all Members Members to Minority Members and the num- eligibility of welfare recipients for food of the full Committee at least 2 legislative ber of Majority and Minority Members stamps, and low-income energy assistance. days prior to the full Committee’s meeting, present and shall apportion the recognition More specifically, the jurisdiction of the together with a comparison with present for questioning in such a manner as not to Subcommittee on Human Resources shall in- law, a section-by-section analysis of the pro- disadvantage Members of the majority. clude bills and matters relating to titles I, posed change, a section-by-section justifica- Rule 15. Subpoena Power IV, VI, X, XIV, XVI, XVII, XX and related tion, and a draft statement of the budget ef- The power to authorize and issue sub- provisions of titles VII and XI of the Social fects of the measure that is consistent with poenas is delegated to the Chairman of the Security Act. the requirements for reported measures full Committee, as provided for under clause The jurisdiction of the Subcommittee on under clause 3(d)(2) of Rule XIII of the Rules 2(m)(3)(A)(i) of Rule XI of the Rules of the Human Resources shall also include bills and of the House of Representatives. House of Representatives. matters referred to the Committee on Ways Rule 12. Recommendation for Appointment of Rule 16. Records of Hearings and Means that relate to the Federal-State Conferees system of unemployment compensation, and An accurate stenographic record shall be the financing thereof, including the pro- Whenever in the legislative process it be- kept of all testimony taken at a public hear- grams for extended and emergency benefits. comes necessary to appoint conferees, the ing. The staff shall transmit to a witness the More specifically, the jurisdiction of the Chairman of the full Committee shall rec- transcript of his testimony for correction Subcommittee on Human Resources shall ommend to the Speaker as conferees the and immediate return to the Committee offices. Only changes in the interest of clarity, also include all bills and matters pertaining names of those Committee Members as the accuracy and corrections in transcribing er- to the programs of unemployment compensa- Chairman may designate. In making rec- rors will be permitted. Changes that substan- tion under titles III, IX and XII of the Social ommendations of Minority Members as con- tially alter the actual testimony will not be Security Act, Chapters 23 and 23A of the In- ferees, the Chairman shall consult with the permitted. Members shall correct their own ternal Revenue Code, and the Federal-State Ranking Minority Member of the Com- mittee. testimony and return transcripts as soon as Extended Unemployment Compensation Act possible after receipt thereof. The Chairman C. HEARINGS of 1970, and provisions relating thereto. of the full Committee may order the printing 6. The Subcommittee on Select Revenue Rule 13. Witnesses of a hearing without the corrections of a wit- Measures shall consist of 13 Members, 8 of In order to assure the most productive use ness or Member if he determines that a rea- whom shall be Republicans and 5 of whom of the limited time available to question sonable time has been afforded to make cor- shall be Democrats. hearing witnesses, a witness who is sched- rections and that further delay would impede The jurisdiction of the Subcommittee on uled to appear before the full Committee or the consideration of the legislation or other Select Revenue Measures shall consist of a Subcommittee shall file with the Clerk of measure that is the subject of the hearing. those revenue measures that, from time to the Committee at least 48 hours in advance Rule 17. Broadcasting of Hearings time, shall be referred to it specifically by of his appearance a written statement of his the Chairman of the full Committee. The provisions of clause 4(f) of Rule XI of proposed testimony. In addition, all wit- the Rules of the House of Representatives Rule 9. Ex-Officio Members of Subcommittees nesses shall comply with formatting require- are specifically made a part of these rules by The Chairman of the full Committee and ments as specified by the Committee and the reference. In addition, the following policy the Ranking Minority Member may sit as ex- Rules of the House. Failure to comply with shall apply to media coverage of any meet- officio Members of all Subcommittees. They the 48-hour rule may result in a witness ing of the full Committee or a Sub- may be counted for purposes of assisting in being denied the opportunity to testify in committee: the establishment of a quorum for a Sub- person. Failure to comply with the for- (1) An appropriate area of the Committee’s committee. However, their absence shall not matting requirements may result in a wit- hearing room will be designated for members count against the establishment of a quorum ness’ statement being rejected for inclusion of the media and their equipment.

VerDate jul 14 2003 03:54 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.024 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H373 (2) No interviews will be allowed in the script shall be returned immediately after stantive issues to be discussed, as well as a Committee room while the Committee is in its review in the drafting session. justification of the relevance and importance session. Individual interviews must take The official transcript of a markup or of the fact-finding trip or international trav- place before the gavel falls for the convening Committee meeting other than a public el to the staff member’s official duties. of a meeting or after the gavel falls for ad- hearing shall not be published or distributed (3) Reasonable travel and lodging ex- journment. to the public in any way except by a major- penses.—After receipt of the advance ap- (3) Day-to-day notification of the next ity vote of the Committee. Before any public proval in (1) above, a staff person may accept day’s electronic coverage shall be provided release of the uncorrected transcript, Mem- reimbursement by an appropriate sponsoring by the media to the Chairman of the full bers must be given a reasonable opportunity organization of reasonable travel and lodging Committee through an appropriate designee. to correct their remarks. In instances in expenses associated with a speaking engage- (4) Still photography during a Committee which a stenographic transcript is kept of a ment, fact-finding trip, or international meeting will not be permitted to disrupt the conference committee proceeding, all of the travel related to official duties, provided proceedings or block the vision of Com- requirements of this rule shall likewise be such reimbursement is consistent with the mittee Members or witnesses. observed. Rules of the House of Representatives. (In lieu of reimbursement after the event, ex- (5) Further conditions may be specified by Rule 23. Publication of Decisions and Legisla- penses may be paid directly by an appro- the Chairman. tive Language priate sponsoring organization.) The reason- D. MARKUPS A press release describing any tentative or able travel and lodging expenses of a spouse Rule 18. Reconsideration of Previous Vote final decision made by the full Committee or (but not children) may be reimbursed (or di- When an amendment or other matter has a Subcommittee on legislation under consid- rectly paid) by an appropriate sponsoring or- been disposed of, it shall be in order for any eration shall be made available to each ganization consistent with the Rules of the Member of the prevailing side, on the same Member of the Committee as soon as pos- House of Representatives. or next day on which a quorum of the Com- sible, but no later than the next day. How- (4) Trip summary and report.—In the case mittee is present, to move the reconsider- ever, the legislative draft of any tentative or of any reimbursement or direct payment as- ation thereof, and such motion shall take final decision of the full Committee or a sociated with a fact-finding trip or inter- precedence over all other questions except Subcommittee shall not be publicly released national travel, a staff person must submit, the consideration of a motion to adjourn. until such draft is made available to each within 60 days after such trip, a report sum- Rule 19. Previous Question Member of the Committee. marizing the trip and listing all expenses re- The Chairman shall not recognize a Mem- E. STAFF imbursed or directly paid by the sponsoring ber for the purpose of moving the previous Rule 24. Supervision of Committee Staff organization. This information shall be sub- question unless the Member has first advised The staff of the Committee shall be under mitted to the Chairman (or, in the case of the Chair and the Committee that this is the the general supervision and direction of the the minority staff, to the Ranking Minority purpose for which recognition is being Chairman of the full Committee except as Member). c. Waiver.—The Chairman (or, where ap- sought. provided in clause 9 of Rule X of the Rules of propriate, the Ranking Minority Member) the House of Representatives concerning Rule 20. Postponement of Proceedings may waive the application of section (b) of Committee expenses and staff. The Chairman may postpone further pro- this rule upon a showing of good cause. ceedings when a record vote is ordered on the Pursuant to clause 6(d) of Rule X of the f question of approving any measure or matter Rules of the House of Representatives, the or adopting an amendment. Chairman of the full Committee, from the ORDER OF BUSINESS The Chairman may resume proceedings on funds made available for the appointment of Committee staff pursuant to primary and ad- Mr. FLAKE. Mr. Speaker, I ask unan- a postponed request at any time. In exer- imous consent to take my Special cising postponement authority the Chairman ditional expense resolutions, shall ensure shall take reasonable steps to notify mem- that each Subcommittee receives sufficient Order at this time. bers on the resumption of proceedings on any staff to carry out its responsibilities under The SPEAKER pro tempore. Is there postponed record vote. the rules of the Committee, and that the mi- objection to the request of the gen- When proceedings resume on a postponed nority party is fairly treated in the appoint- tleman from Arizona? question, notwithstanding any intervening ment of such staff. There was no objection. order for the previous question, an under- Ru1e 25. Staff Honoraria, Speaking Engage- f lying proposition shall remain subject to fur- ments, and Unofficial Travel ther debate or amendment to the same ex- This rule shall apply to all majority and THE REAL ID ACT tent as when the question was postponed. minority staff of the Committee and its Sub- The SPEAKER pro tempore. Under a Rule 21. Motion to go to Conference committees. previous order of the House, the gen- The Chairman is authorized to offer a mo- a. Honoraria.—Under no circumstances tleman from Arizona (Mr. FLAKE) is tion under clause 1 of rule XXII of the Rules shall a staff person accept the offer of an recognized for 5 minutes. of the House of Representatives whenever honorarium. This prohibition includes the Mr. FLAKE. Mr. Speaker, the House the chairman considers it appropriate. direction of an honorarium to a charity. b. Speaking engagements and unofficial is scheduled tomorrow to take up the Rule 22. Official Transcripts of Markups and travel.— REAL ID Act which, among other Other Committee Meetings (1) Advance approval required.— In the things, will prevent illegal immigrants An official stenographic transcript shall be case of all speaking engagements, fact-find- from obtaining driver’s licenses. It will kept accurately reflecting all markups and ing trips, and other unofficial travel, a staff require States to issue driver’s licenses other meetings of the full Committee and person must receive approval by the full to foreign nationals that expire no the Subcommittees, whether they be open or Committee Chairman (or, in the case of the later than their visas expire, and it will closed to the public. This official transcript, minority staff, from the Ranking Minority marked as ‘‘uncorrected,’’ shall be available Member) at least 7 calendar days prior to the expedite the completion of a fence for inspection by the public (except for meet- event. along the U.S.-Mexico border along ings closed pursuant to clause 2(g)(1) of Rule (2) Request for approval.—A request for ap- California. XI of the Rules of the House), by Members of proval must be submitted in writing to the Last year the bill’s author, the gen- the House, or by Members of the Committee full Committee Chairman (or, where appro- tleman from Wisconsin (Chairman SEN- together with their staffs, during normal priate, the Ranking Minority Member) in SENBRENNER), took a lot of grief for business hours in the full Committee or Sub- connection with each speaking engagement, holding up passage on the intelligence committee office under such controls as the fact-finding trip, or other unofficial travel. reform bill over many of these provi- Chairman of the full Committee deems nec- Such request must contain the following in- sions. The press and others lambasted essary. Official transcripts shall not be re- formation: moved from the Committee or Sub- (a) the name of the sponsoring organiza- the gentleman from Wisconsin (Chair- committee office. If, however, (1) in the tion and a general description of such orga- man SENSENBRENNER) for holding up an drafting of a Committee or Subcommittee nization (nonprofit organization, trade asso- important piece of legislation over decision, the Office of the House Legislative ciation, etc.); what they called ‘‘unrelated immigra- Counsel or (2) in the preparation of a Com- (b) the nature of the event, including any tion provisions.’’ I want to commend mittee report, the Chief of Staff of the Joint relevant information regarding attendees at the chairman for hanging tough. Committee on Taxation determines (in con- such event; This debate has, unfortunately, been sultation with appropriate majority and mi- (c) in the case of a speaking engagement, cast as one that pits those who support nority committee staff) that it is necessary the subject of the speech and duration of to review the official transcript of a markup, staff travel, if any; and the President’s temporary worker plan such transcript may be released upon the (d) in the case of a fact-finding trip or with those who support the provisions signature and to the custody of an appro- international travel, a description of the pro- in the REAL ID Act. Nothing could be priate committee staff person. Such tran- posed itinerary and proposed agenda of sub- further from the truth.

VerDate jul 14 2003 03:54 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.025 H08PT1 H374 CONGRESSIONAL RECORD — HOUSE February 8, 2005 There is no greater supporter of do little to deal with the problem of il- care for senior citizens. That is the President Bush’s proposals to reform legal immigration. These provisions choice he made, different priorities re- our immigration laws in this body than will help red-flag those who are cur- flecting a different set of moral values. I am. I believe that a comprehensive rently in the country illegally, we all Medicaid provides health coverage to temporary worker plan is the best way remember that many of the hijackers 52 million Americans, 1.7 million in my to enhance national security at the were issued valid driver’s licenses that State of Ohio alone. It is the only border. Support for a temporary work- expired long after their visas did, but source of coverage for one out of four er plan is consistent with support for they will not do much to keep more il- Ohio children. It provides 70 percent of the gentleman from Wisconsin’s legal aliens from coming here and nursing home funding in my State of (Chairman SENSENBRENNER) bill. In working in the shadows. Ohio. fact, I voted against the intelligence There is much more we need to do, Think about divergent moral values, reform bill last year precisely because Mr. Speaker, and it must start with an what we stand for, in our government, the gentleman from Wisconsin’s honest discussion about how we deal in our homes and our families and in our communities. The Bush proposal (Chairman SENSENBRENNER) provisions with this country’s labor needs as well were not included. Further, the provi- as our national security needs. I look cuts $60 billion, billion with a ‘‘b’’, $60 billion out of Medicaid over the next 10 sion on driver’s licenses in the Sensen- forward to beginning that discussion as years. Ask hospitals, ask health care brenner bill largely mirror provisions soon as we pass this legislation. experts, ask senior groups, these cuts that I introduced in a bill in 2002. f Critics of the President’s immigra- will mean kicking seniors out of nursing homes. We have a moral obligation tion reform bill use words like ‘‘un- BUDGET PRIORITIES AND MORAL VALUES to prevent that from happening. safe,’’ ‘‘insecure,’’ and ‘‘dangerous’’ The President’s plan shifts tens of The SPEAKER pro tempore. Under a when talking about a temporary work- millions of dollars of costs to States, previous order of the House, the gener plan. But those of us who advocate like Ohio, already facing severe finan- tleman from Ohio (Mr. BROWN) is rec- such a program are no less concerned cial shortfalls. about national security than our coun- ognized for 5 minutes. The President cannot eliminate basic terparts. In fact, national security is Mr. BROWN of Ohio. Mr. Speaker, needs by ignoring them. He cannot probably the best case that can be yesterday President Bush delivered to eliminate the nursing home care for made for a meaningful temporary this Congress his proposed Federal seniors by ignoring nursing home care worker program. budget. In the coming months, Demo- or by shifting responsibility to the Right now we have somewhere be- crats and Republicans in Congress will States which simply cannot afford it. tween 8 and 15 million illegal immi- debate budget proposals largely based In the short run, his budget cuts will grants in this country. The vast major- on divergent cardinal moral values. We create victims. In the long run, it will ity of these people came here simply to will debate budget cuts that represent force the State to spend more. work, but we can be sure that a small more than just program additions or And how will that happen? How will number are here with more sinister in- scale-backs. the States be able to take care of this? tentions. But given the number of ille- The President’s proposed cuts to Students will have to pay higher tui- gal immigrants who are here in the vital government programs are reflection. Homeowners will have to pay country, trying to find the terrorists, tive of differences in moral core phi- higher property tax. Consumers will the drug smugglers, the human traf- losophies on the role of our govern- have to pay higher sales tax. Workers fickers amounts to trying to find a nee- ment in serving our people. Budgets will have to pay higher income tax to dle in a haystack. But if we can offer a are moral documents that reveal fun- make up for the cuts in Medicaid and framework under which workers can damental priorities of a person, of a to make up for the President’s huge register to legally come to this country household, of a community, of a busi- tax cuts for the wealthiest, most privi- and work, we can drastically reduce ness, of a government. leged 1 percent. the size of that haystack and focus our There is no better example of where Medicaid is a partnership between resources on finding the needles. Democratic and Republican values di- the Federal and State government. Some will say that rather than im- verge than on Medicaid. The President Cutting the Federal share hurts our plementing a temporary worker pro- claims he only wants to cut programs families, hurts our schools, hurts our gram, we simply need to enforce the that are either not getting results or communities, hurts our States. laws against illegal immigration that that duplicate current efforts or that We can give up, Mr. Speaker, many are on the books. That is all well and do not fulfill essential priorities. things in the name of shared sacrifice, good, Mr. Speaker, but enforcing the As Democrats, we could not agree as we should, but common sense should current law would require that we more on the need for efficient govern- not be one of those things we give up. round up everyone who is here illegally ment. That was how we balanced the The President’s every-man-for-himself and ship them home. Remember, there budget in the 1990s. But which of those budget neglects our communities and are as many as 10 million illegal work- three criteria does the President mean betrays our moral values as a nation. ers here right now. I have not heard when he talks about Medicaid? f one of my colleague seriously rec- There is no question Medicaid gets The SPEAKER pro tempore. Under a ommend that we round all of them up results. In spite of what my friends on previous order of the House, the gentle- and send them home, yet that is what the other side of the aisle like to dema- woman from California (Ms. WOOLSEY) enforcing the law means. gogue, it operates at a lower cost than is recognized for 5 minutes. That said, it seems to me that we private health insurance. Private (Ms. WOOLSEY addressed the House. have just two choices. We can put in health insurance has in the last few Her remarks will appear hereafter in place a temporary worker program and years grown at 12.7 percent; Medicare the Extensions of Remarks.) register those who are working here il- has grown at 7.1 percent. f legally, or we can continue to pretend Medicaid costs have grown at only 4.5 The SPEAKER pro tempore. Under a they do not exist, thus forcing them to percent a year. There is no duplication previous order of the House, the gen- work in the shadows, as they have been in Medicaid. It is the only program of tleman from Indiana (Mr. BURTON) is doing for years now. The latter course its kind. It fullfills an essential pri- recognized for 5 minutes. is obviously not in the best interest of ority. It is the sole source of nursing (Mr. BURTON of Indiana addressed our Nation’s security. home care for 5 million senior citizens the House. His remarks will appear This brings me back to the debate on in our country who are living in pov- hereafter in the Extensions of Re- tomorrow’s REAL ID Act. I suspect erty. marks.) that in the debate tomorrow on this The President knows Medicaid is al- f House floor, there will be talk about ready running on fumes, but he made a The SPEAKER pro tempore. Under a how these measures cut down and choice. He chose to give more tax cuts previous order of the House, the gen- crack down on illegal immigration. As to the most affluent 1 percent of Amer- tleman from California (Mr. SCHIFF) is important as this legislation is, it will icans rather than provide subsistence recognized for 5 minutes.

VerDate jul 14 2003 03:54 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.041 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H375 (Mr. SCHIFF addressed the House. to affect the earnings of the vast ma- transmit to their widows and their His remarks will appear hereafter in jority of the American people. Bor- children, that those who became dis- the Extensions of Remarks.) rowing $2 trillion to finance so-called abled under another phase of the sys- f private accounts will further increase tem would have some support.’’ America’s escalating debt. President We need to rise to that original vi- EXCHANGE OF SPECIAL ORDER Bush has already increased the na- sion. TIME tional debt to the point that the cur- f Ms. KAPTUR. Mr. Speaker, I ask rency’s value is dropping internation- The SPEAKER pro tempore (Mr. unanimous consent to take the Special ally, and a family of four’s share of CONAWAY). Under a previous order of Order time of the gentleman from Cali- that debt has increased by thousands of the House, the gentleman from Georgia fornia (Mr. SCHIFF). dollars. (Mr. GINGREY) is recognized for 5 min- The SPEAKER pro tempore. Is there In addition, his plan actually cuts utes. objection to the request of the gentle- benefits in the future, and really those (Mr. GINGREY addressed the House. woman from Ohio? earnings should be the source of any His remarks will appear hereafter in There was no objection. true savings for the Social Security the Extensions of Remarks.) f program. This is because he creates an offset, almost like a new downward f SOCIAL SECURITY notch in Social Security, that would The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a cut guaranteed Social Security bene- previous order of the House, the gen- previous order of the House, the gentle- fits over the next 75 years by $3.6 tril- tleman from Oregon (Mr. DEFAZIO) is woman from Ohio (Ms. KAPTUR) is rec- lion. The cut would apply to all bene- recognized for 5 minutes. ognized for 5 minutes. ficiaries, whether or not they have cho- (Mr. DEFAZIO addressed the House. Ms. KAPTUR. Mr. Speaker, Social sen a private account. His remarks will appear hereafter in Security should remain a guarantee of And this chart actually shows what the Extensions of Remarks.) one’s earnings, not a gamble, and sure- happens. The blue represents the bene- f ly not a gamble by well-connected in- fits that you would get based on your The SPEAKER pro tempore. Under a vestors who might have some political earnings. The red represents what his previous order of the House, the gen- connections. plan would do. In essence, down the tleman from Illinois (Mr. DAVIS) is rec- President Bush and his Republican road, every succeeding decade you ognized for 5 minutes. Party are proposing radical and reck- would actually receive less than in the (Mr. DAVIS of Illinois addressed the less changes to Social Security. Noth- current Social Security program. House. His remarks will appear here- ing they have attempted to date, even These private accounts he is proposing after in the Extensions of Remarks.) shifting major portions of the tax bur- will not even make up for the 46 per- f den to the middle class from the most cent cut in benefits that Republicans wealthy in our country, are as brazen have proposed. For example, a 20-year- PUBLICATION OF THE RULES OF and audacious as this misguided plan old who enters the workforce this year, THE PERMANENT SELECT COM- to undermine our Nation’s most suc- if they can get a good job, would lose MITTEE ON INTELLIGENCE, 109TH cessful insurance program for retire- $152,000 in Social Security benefits CONGRESS ment and disability, affecting millions under the Republican plan. A private The SPEAKER pro tempore. Under a and millions of our people who have account is unlikely to make up for this previous order of the House, the gen- earned these benefits. benefit cut because the plan would also tleman from Michigan (Mr. HOEKSTRA) Social Security is security for the take back 80 cents of every dollar in is recognized for 5 minutes. majority of the American people. So- the private account. It is like an offset. Mr. HOEKSTRA. Mr. Speaker, in accord- cial Security represents the best, the It really is not your money. In fact, it ance with Clause 2 of Rule XI of the Rules of best, in the American Union. Like the appears no one will get back the money the House, I am submitting the Rules of the preamble says, ‘‘We the people,’’ not I that they would put in these private Permanent Select Committee on Intelligence alone withdrawing from the Union. accounts. They would only get back for printing in the CONGESSIONAL RECORD. On b 1945 some share of the interest those ac- January 26, 2005, the committee adopted counts earn. So you do not get your these rules by non-record vote with a quorum The Democratic Party has long principal back. present. championed we, the people, surely, to We should not sacrifice the retire- RULES OF PROCEDURE FOR THE PERMANENT collect those earnings that people need ment and old age and disability secu- SELECT COMMITTEE ON INTELLIGENCE in their retirement years, and one out rity of our families at the altar of 1. MEETING DAY of six families need in the event of un- short-term political gains. And surely (a) Regular Meeting Day for the Full Com- expected disability. The system does we should honor our father and our mittee. not work if we make it every man and mothers. We should value our children, Generally. The regular meeting day of the woman for himself or herself, some- and we should prepare through an in- Committee for the transaction of Committee thing the President and his party, un- surance program for the unexpected. business shall be the first Wednesday of each fortunately, now are advocating. It is We must keep Social Security strong month, unless otherwise directed by the our patriotic duty as Democrats to op- so it is there for years to come. Believe Chairman. pose this privatization scheme. me, we need to fight to save a program 2. NOTICE FOR MEETINGS The President claims that the coun- that truly is sacred. It represents the (a) Generally. In the case of any meeting of try will save money because of privat- best values that are in us as a people, the Committee, the Chief Clerk of the Com- ization. Again, I say he needs a better and it must continue to be a guarantee mittee shall provide reasonable notice to set of accountants in the White House. and not a gamble. every Member of the Committee. Such no- What he does not mention is that his When I first came to Congress during tice shall provide the time and place of the meeting. plan requires trillions of dollars of bor- the 1980s, Claude Pepper, a beautiful (b) Definition. For purposes of this rule, rowing, and I might say, from foreign Member from Florida, stated some of ‘‘reasonable notice’’ means: countries now, because we are not sav- the following words when we refi- (1) written notification; ing as a society, leading to higher nanced Social Security in the spring of (2) delivered by facsimile transmission or taxes in the future and interest that we 1983. He said, ‘‘This is the people’s pro- regular mail, which is pay them, not ourselves. gram, intended by President Roosevelt (A) delivered no less than 24 hours prior to Yes, he is borrowing for a savings and those who were authors of the the event for which notice is being given, if plan. What kind of sense does that measures in those early days as some the event is to be held in Washington, D.C.; or make? Well, you would really think measure of assurance that those who (B) delivered no less than 48 hours prior to maybe he never had to think too hard retired would have a decent sustenance the event for which notice is being given, if about handling his own finances by the upon which to live, that those who died the event is to be held outside Washington, cavalier manner in which he is trying would have a measure of protection to D.C.

VerDate jul 14 2003 04:52 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.045 H08PT1 H376 CONGRESSIONAL RECORD — HOUSE February 8, 2005 (c) Exception. In extraordinary cir- of the Committee upon such measure or mat- mine that Committee Staff will be author- cumstances only, the Chairman may, after ter shall include a tabulation of the votes ized to question witnesses at a hearing in ac- consulting with the Ranking Minority Mem- cast in favor of, and the votes cast in opposi- cordance with clause (2)(j) of House Rule XI. ber, call a meeting of the Committee with- tion to, such measure or matter. (B) The Chairman and Ranking Minority out providing notice, as defined in subpara- (c) Postponement of Further Proceedings Member are each authorized to designate graph (b), to Members of the Committee. In accordance with clause 2(h) of House Committee Staff to conduct such ques- 3. PREPARATIONS FOR COMMITTEE MEETINGS Rule XI, the Chairman is authorized to post- tioning. pone further proceedings when a record vote (e) Counsel for the Witness. (a) Generally. Designated Committee Staff, is ordered on the question of approving a (1) Generally. Witnesses before the Com- as directed by the Chairman, shall brief measure or matter or adopting an amend- mittee may be accompanied by counsel, sub- Members of the Committee at a time suffi- ment. The Chairman may resume project to the requirements of paragraph (2). ciently prior to any Committee meeting in ceedings on a postponed request at any time (2) Counsel Clearances Required. In the order to: event that a meeting of the Committee has (1) assist Committee Members in prepara- after reasonable notice. When proceedings resume on a postponed question, notwith- been closed because the subject to be dis- tion for such meeting; and cussed deals with classified information, (2) determine which matters Members wish standing any intervening order for the pre- counsel accompanying a witness before the considered during any meeting. vious question, an underlying proposition Committee must possess the requisite secu- (b) Briefing Materials. shall remain subject to further debate or (1) Such a briefing shall, at the request of amendment to the same extent as when the rity clearance and provide proof of such a Member, include a list of all pertinent pa- question was postponed. clearance to the Committee at least 24 hours prior to the meeting at which the counsel in- pers, and such other materials, that have 7. SUBCOMMITTEES been obtained by the Committee that bear tends to be present. (a) Generally. (3) Failure to Obtain Counsel. Any witness on matters to be considered at the meeting; (1) Creation of subcommittees shall be by who is unable to obtain counsel should no- and majority vote of the Committee. tify the Committee. If such notification oc- (2) The staff director shall also recommend (2) Subcommittees shall deal with such curs at least 24 hours prior to the witness’ to the Chairman any testimony, papers, or legislation and oversight of programs and appearance before the Committee, the Com- other materials to be presented to the Com- policies as the Committee may direct. mittee shall then endeavor to obtain vol- mittee at the meeting of the Committee. (3) Subcommittees shall be governed by these rules. untary counsel for the witness. Failure to 4. OPEN MEETINGS obtain counsel, however, will not excuse the (a) Generally. For purposes of these rules, any reference herein to the ‘‘Committee’’ shall be inter- witness from appearing and testifying. Pursuant to Rule XI of the House, but sub- (4) Conduct of Counsel for Witnesses. Coun- preted to include subcommittees, unless oth- ject to the limitations of subsections (b) and sel for witnesses appearing before the Com- (c), Committee meetings held for the trans- erwise specifically provided. (b) Establishment of Subcommittees. The mittee shall conduct themselves ethically action of business and Committee hearings and professionally at all times in their deal- shall be open to the public. Committee establishes the following subcommittees: ings with the Committee. (b) Meetings (A) A majority of Members of the Com- Any meetings or portion thereof, for the (1) Subcommittee on Terrorism, Human In- telligence, Analysis, and Counterintel- mittee may, should circumstances warrant, transaction of business, including the mark- find that counsel for a witness before the up of legislation, or any hearing or portion ligence; (2) Subcommittee on Technical and Tac- Committee failed to conduct himself or her- thereof, shall be closed to the public, if the self in an ethical or professional manner. Committee determines by record vote in tical Intelligence; (3) Subcommittee on Oversight; and, (B) Upon such finding, counsel may be sub- open session with a majority of the Com- (4) Subcommittee on Intelligence Policy. ject to appropriate disciplinary action. mittee present, that disclosure of the mat- For purposes of these rules, any reference (5) Temporary Removal of Counsel. The ters to be discussed may: herein to the ‘‘Committee’’ shall be inter- Chairman may remove counsel during any (1) endanger national security; preted to include subcommittees, unless oth- proceeding before the Committee for failure (2) compromise sensitive law enforcement erwise specifically provided. to act in an ethical and professional manner. information; (c) Subcommittee Membership. (6) Committee Reversal. A majority of the (3) tend to defame, degrade, or incriminate (1) Generally. Each Member of the Com- Members of the Committee may vote to any person; or mittee may be assigned to at least one of the overturn the decision of the Chairman to re- (4) otherwise violate any law or Rule of the four subcommittees. move counsel for a witness. House. (2) Ex Officio Membership. In the event (7) Role of Counsel for Witness. (c) Hearings (A) Counsel for a witness: The Committee may vote to close a Com- that the Chairman and Ranking Minority Member of the full Committee do not choose (i) shall not be allowed to examine wit- mittee hearing pursuant to House Rule X nesses before the Committee, either directly clause 11(d)(2), regardless of whether a ma- to sit as regular voting members of one or more of the subcommittees, each is author- or through cross-examination; but jority is present, so long as at least two (ii) may submit questions in writing to the ized to sit as an ex officio Member of the sub- Members of the Committee are present, one Committee that counsel wishes propounded committees and participate in the work of of whom is a member of the Minority and to a witness; or the subcommittees. When sitting ex officio, votes upon the motion. (iii) may suggest, in writing to the Com- however, they— (d) Briefings mittee, the presentation of other evidence or (A) shall not have a vote in the sub- The Committee briefings shall be closed to the calling of other witnesses. the public. committee; and (B) The Committee may make such use of (B) shall not be counted for purposes of de- any such questions, or suggestions, as the 5. QUORUM termining a quorum. Committee deems appropriate. (a) Hearings. For purposes of taking testi- (d) Regular Meeting Day for Subcommit- mony, or receiving evidence, a quorum shall (f) Statements by Witnesses. tees (1) Generally. A witness may make a state- consist of two Committee Members. There is no regular meeting day for sub- ment, which shall be brief and relevant, at (b) Other Committee Proceedings. For pur- committees. the beginning and at the conclusion of the poses of the transaction of all other Com- 8. PROCEDURES FOR TAKING TESTIMONY OR mittee business, other than the consider- witness’ testimony. RECEIVING EVIDENCE (2) Length. Each such statements shall not ation of a motion to close a hearing as de- (1) Notice. Adequate notice shall be given exceed five minutes in length, unless other- scribed in rule 4(c), a quorum shall consist of to all witnesses appearing before the Com- wise determined by the Chairman. a majority of Members. mittee. (3) Submission to the Committee. Any wit- 6. PROCEDURES FOR AMENDMENTS AND VOTES (b) Oath or Affirmation. The Chairman ness desiring to submit a written statement (a) Amendments may require testimony of witnesses to be for the record of the proceeding shall submit When a bill or resolution is being consid- given under oath or affirmation. a copy of the statement to the Chief Clerk of ered by the Committee, members shall pro- (c) Administration of Oath or Affirmation. the Committee. vide the Chief Clerk in a timely manner with Upon the determination that a witness shall (A) Such statements shall ordinarily be a sufficient number of written copies of any testify under oath or affirmation, any Mem- submitted no less than 48 hours in advance of amendment offered, so as to enable each ber of the Committee designated by the the witness’ appearance before the Com- member present to receive a copy thereof Chairman may administer the oath or affir- mittee and shall be submitted in written and prior to taking action. A point of order may mation. electronic format. be made against any amendment not reduced (d) Questioning of Witnesses. (B) In the event that the hearing was to writing. A copy of each such amendment (1) Generally. Questioning of witnesses be- called with less than 24 hours notice, written shall be maintained in the public records of fore the Committee shall be conducted by statements should be submitted as soon as the Committee. Members of the Committee. practicable prior to the hearing. (b) Reporting Recorded Votes (2) Exceptions. (g) Objections and Ruling. Whenever the Committee reports any (A) The Chairman, in consultation with (1) Generally. Any objection raised by a measure or matter by record vote, the report the Ranking Minority Member, may deter- witness, or counsel for the witness, shall be

VerDate jul 14 2003 05:45 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.027 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H377 ruled upon by the Chairman, and such ruling to the public of the name of any witness by the Chairman in consultation with the shall be the ruling of the Committee. scheduled to appear before the Committee. ranking minority member. (2) Committee Action. A ruling by the 9. INVESTIGATIONS 12. LIMIT ON DISCUSSION OF CLASSIFIED WORK Chairman may be overturned upon a major- (a) Commencing Investigations. OF THE COMMITTEE ity vote of the Committee. The Committee shall conduct investiga- (a) Prohibition. (h) Transcripts. (1) Generally. Except as otherwise provided (1) Transcript Required. A transcript shall tions only if approved by the Chairman, in by these rules and the Rules of the House of be made of the testimony of each witness ap- consultation with the Ranking Minority Representatives, Members and Committee pearing before the Committee during any Member. staff shall not at any time, either during hearing of the Committee. (b) Conducting Investigation. (2) Opportunity to Inspect. Any witness An authorized investigation may be con- that person’s tenure as a Member of the testifying before the Committee shall be ducted by Members of the Committee or Committee or as Committee Staff, or any- given a reasonable opportunity to inspect Committee Staff members designated by the time thereafter, discuss or disclose, or cause the transcript of the hearing, and may be ac- Chairman, in consultation with the Ranking to be discussed or disclosed: (A) the classified substance of the work of companied by counsel to determine whether Minority Member, to undertake any such investigation. the Committee; such testimony was correctly transcribed. (B) any information received by the Com- 10. SUBPOENAS Such counsel: mittee in executive session; (A) shall have the appropriate clearance (a) Generally. All subpoenas shall be au- (C) any classified information received by necessary to review any classified aspect of thorized by the Chairman of the full Com- the Committee from any source; or the transcript; and mittee, upon consultation with the Ranking (D) the substance of any hearing that was (B) should, to the extent possible, be the Minority member, or by vote of the Com- closed to the public pursuant to these rules same counsel that was present for such clas- mittee. or the Rules of the House. sified testimony. (b) Subpoena Contents. Any subpoena au- (2) Non-Disclosure in Proceedings. (3) Corrections. thorized by the Chairman of the full Com- (A) Members of the Committee and the (A) Pursuant to Rule XI of the House mittee, or the Committee, may compel: Committee Staff shall not discuss either the Rules, any corrections the witness desires to (1) the attendance of witnesses and testi- substance or procedure of the work of the make in a transcript shall be limited to mony before the Committee, or Committee with any person not a Member of technical, grammatical, and typographical (2) the production of memoranda, docu- the Committee or the Committee Staff in corrections. ments, records, or any other tangible item. connection with any proceeding, judicial or (B) Corrections may not be made to change (c) Signing of Subpoena. A subpoena au- otherwise, either during the person’s tenure the substance of the Testimony. thorized by the Chairman of the full Com- as a Member of the Committee, or of the (C) Such corrections shall be submitted in mittee, or the Committee, may be signed by Committee Staff, or at any time thereafter, writing to the Committee within 7 days after the Chairman, or by any Member of the Com- except as directed by the Committee in ac- the transcript is made available to the wit- mittee designated to do so by the Com- cordance with the Rules of the House and nesses. (D) Any questions arising with respect to mittee. these rules. (B) In the event of the termination of the such corrections shall be decided by the (d) Subpoena Service. A subpoena author- Committee, Members and Committee Staff Chairman. ized by the Chairman of the full Committee, shall be governed in these matters in a man- (4) Copy for the Witness. At the request of or the Committee, may be served by any per- ner determined by the House concerning dis- the witness, any portion of the witness’ tes- son designated to do so by the Chairman. cussions of the classified work of the Com- timony given in executive session shall be (e) Other Requirements. Each subpoena mittee. made available to that witness if that testi- shall have attached thereto a copy of these rules. (3) Exceptions. mony is subsequently quote or intended to (A) Notwithstanding the provisions of sub- 11. COMMITTEE STAFF be made part of a public record. Such testi- section (a)(1), Members of the Committee mony shall be made available to the witness (a) Definition. and the Committee Staff may discuss and at the witness’ expense. For the purpose of these rules, ‘‘Committee disclose those matters described in sub- (i) Requests to Testify. Staff’ or ‘‘staff of the Committee’’ means: section (a)(1) with— (1) Generally. The Committee will consider 1) employees of the Committee; (i) Members and staff of the Senate Select requests to testify on any matter or measure 2) consultants to the Committee; Committee on Intelligence designated by the pending before the Committee. 3) employees of other Government agencies chairman of that committee; (2) Recommendations for Additional Evi- detailed to the Committee; or (ii) the chairmen and ranking minority dence. Any person who believes that testi- 4) any other person engaged by contract, or members of the House and Senate Commit- mony, other evidence, or commentary, pre- otherwise, to perform services for, or at the tees on Appropriations and staff of those sented at a public hearing may tend to affect request of, the Committee. committees designated by the chairmen of adversely that person’s reputation may sub- (b) Appointment of Committee Staff and those committees; and mit to the Committee, in writing: Security Requirements. (iii) the chairman and ranking minority (A) a request to appear personally before (1) Chairman’s Authority—Except as pro- member of the Subcommittee on Defense of the Committee; vided in paragraph (2), the Committee staff the House Committee on Appropriations and (B) A sworn statement of facts relevant to shall be appointed, and may be removed, by staff of that subcommittee as designated by the testimony, evidence, or commentary; or the Chairman and shall work under the gen- (C) proposed questions for the cross-exam- the chairman of that subcommittee. eral supervision and direction of the Chair- (B) Notwithstanding the provisions of sub- ination of other witnesses. man. (3) Committees Discretion. The Committee section (a)(1), Members of the Committee (2) Staff Assistance to Minority Member- may take those actions it deems appropriate and the Committee Staff may discuss and ship—Except as provided in paragraphs (3) with respect to such requests. disclose only that budget-related informa- and (4) and except as otherwise provided by (j) Contempt Procedures. Citations for con- tion necessary to facilitate the enactment of Committee Rules, the Committee staff pro- tempt of Congress shall be forwarded to the the annual defense authorization bill with vided to the minority party members of the House only if: the chairmen and ranking minority members (1) reasonable notice is provided to all Committee shall be appointed, and may be of the House and Senate Committees on Members of the Committee of a meeting to removed, by the ranking minority member of Armed Services and the staff of those com- be held to consider any such contempt rec- the Committee, and shall work under the mittees designated by the chairmen of those ommendations; general supervision and direction of such committees. (2) the Committee has met and considered member. (C) Notwithstanding the provisions of sub- the contempt allegations; (3) Security Clearance Required—All offers section (a)(1), Members of the Committee (3) The subject of the allegations was af- of employment for prospective Committee and the Committee staff may discuss with forded an opportunity to state either in writ- Staff positions shall be contingent upon: and disclose to the chairman and ranking ing or in person, why he or she should not be a. the results of a background investiga- minority member of a subcommittee of the held in contempt; and tion; and House Appropriations Committee with juris- (4) the Committee agreed by majority vote b. a determination by the Chairman that diction over an agency or program within to forward the citation recommendations to requirements for the appropriate security the National Foreign Intelligence Program the House. clearances have been met. (NFIP), and staff of that subcommittee as (k) Release of Name of Witness. (4) Security Requirements—Notwith- designated by the chairman of that sub- (1) Generally. At the request of a witness standing paragraph (2), the Chairman shall committee, only that budget-related infor- scheduled to be heard by the Committee, the supervise and direct the Committee staff mation necessary to facilitate the enact- name of that witness shall not be released with respect to the security and nondisclo- ment of an appropriations bill within which publicly prior to, or after, the witness’ ap- sure of classified information. Committee is included an appropriation for an agency or pearance before the Committee. Staff shall comply with requirements nec- program within the NFIP. (2) Exceptions. Notwithstanding paragraph essary to ensure the security and nondisclo- (D) The Chairman may, in consultation (1), the chairman may authorize the release sure of classified information as determined with the Ranking Minority Member, upon

VerDate jul 14 2003 04:52 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.029 H08PT1 H378 CONGRESSIONAL RECORD — HOUSE February 8, 2005 the written request to the Chairman from (1) Strict Security. The Committee’s of- mittee may be granted access to such classi- the Inspector General of an element of the fices shall operate under strict security pro- fied transcripts, records, data, charts, or Intelligence Community, grant access to cedures administered by the Director of Se- files of the Committee, and be admitted on a Committee transcripts or documents that curity and Registry of the Committee under non-participatory basis to classified hearings are relevant to an investigation of an allega- the direct supervision of the staff director. of the Committee involving discussions of tion of possible false testimony or other in- (2) U.S. Capitol Police Presence Required. classified material in the following manner: appropriate conduct before the Committee, At least one U.S. Capitol Police officer shall (1) Written Notification Required. Mem- or that are otherwise relevant to the Inspec- be on duty at all times outside the entrance bers who desire to examine classified mate- tor General’s investigation. to Committee offices to control entry of all rials in the possession of the Committee, or (E) Upon the written request of the head of persons to such offices. to attend Committee hearings or briefings on an Intelligence Community element, the (3) Identification Required. Before entering a non-participatory basis, must notify the Chairman may, in consultation with the the Committee’s offices all persons shall Chief Clerk of the Committee in writing. Ranking Minority Member, make available identify themselves to the U.S. Capitol Po- (2) Committee Consideration. The Com- Committee briefing or hearing transcripts to lice officer described in paragraph (2) and to mittee shall consider each such request by that element for review by that element if a a Member of the Committee or Committee non-Committee Members at the earliest representative of that element testified, pre- Staff. practicable opportunity. The Committee sented information to the Committee, or was (4) Maintenance of Classified Materials. shall determine, by roll call vote, what ac- present at the briefing or hearing the tran- Classified documents shall be segregated and tion it deems appropriate in light of all of script of which is requested for review. maintained in approved security storage lo- the circumstances of each request. In its de- (F) Members and Committee Staff may dis- cations. termination, the Committee shall consider: cuss and disclose such matters as otherwise (5) Examination of Classified Materials. (A) the sensitivity to the national defense directed by the Committee. Classified documents in the Committee’s or the confidential conduct of the foreign re- (b) Non-Disclosure Agreement. possession shall be examined in an appro- lations of the United States of the informa- (1) Generally. All Committee Staff must, priately secure manner. tion sought; before joining the Committee, agree in writ- (6) Prohibition on Removal of Classified (B) the likelihood of its being directly or ing, as a condition of employment, not to di- Materials. Removal of any classified docu- indirectly disclosed; vulge or cause to be divulged any classified ment from the Committee’s offices is strict- (C) the jurisdictional interest of the Mem- information which comes into such person’s ly prohibited, except as provided by these ber making the request; and possession while a member of the Committee rules. (D) such other concerns, constitutional or Staff, to any person not a Member of the (7) Exception. Notwithstanding the prohi- otherwise, as may affect the public interest Committee or the Committee Staff, except bition set forth in paragraph (6), a classified of the United States. as authorized by the Committee in accord- document, or copy thereof, may be removed (3) Committee Action. After consideration ance with the Rules of the House and these from the Committee’s offices in furtherance of the Member’s request, the Committee may rules. of official Committee business. Appropriate take any action it may deem appropriate (2) Other Requirements. In the event of the security procedures shall govern the han- under the circumstances, including but not termination of the Committee, Members and dling of any classified documents removed limited to: Committee Staff must follow any determina- from the Committee’s offices. (A) approving the request, in whole or part; tion by the House of Representatives with (b) Access to Classified Information by (B) denying the request; or respect to the protection of classified infor- Member. All Members of the Committee (C) providing the requested information or mation received while a Member of the Com- shall at all times have access to all classified material in a different form than that sought mittee or as Committee Staff. papers and other material received by the by the Member. (3) Requests for Testimony of Staff. Committee from any source. (4) Requirements for Access by Non-Com- (A) All Committee Staff must, as a condi- (c) Need-to-know. mittee Members. Prior to a non-Committee tion of employment agree in writing to no- (1) Generally. Committee Staff shall have Member being given access to classified in- tify the Committee immediately of any re- access to any classified information provided formation pursuant to this subsection, the quest for testimony received while a member to the Committee on a strict ‘‘need-to- requesting Member shall— of the Committee Staff, or at any time know’’ basis, as determined by the Com- (A) provide the Committee a copy of the thereafter, concerning any classified infor- mittee, and under the Committee’s direction oath executed by such Member pursuant to mation received by such person while a by the staff director. House Rule XXIII, clause 13; and member of the Committee Staff. (2) Appropriate Clearances Required. Com- (B) agree in writing not to divulge any (B) Committee Staff shall not disclose, in mittee Staff must have the appropriate classified information provided to the Mem- response to any such request for testimony, clearances prior to any access to compart- ber pursuant to this subsection to any person any such classified information, except as mented information. not a Member of the Committee or the Com- authorized by the Committee in accordance (d) Oath. mittee Staff, except as otherwise authorized with the Rules of the House and these rules. (1) Requirement. Before any Member of the by the Committee in accordance with the (C) In the event of the termination of the Committee, or the Committee Staff, shall Rules of the House and these rules. Committee, Committee Staff will be subject have access to classified information, the (5) Consultation Authorized. When consid- to any determination made by the House of following oath shall be executed: ering a Member’s request, the Committee Representatives with respect to any requests ‘‘I do solemnly swear (or affirm) that I will may consult the Director of National Intel- for testimony involving classified informa- not disclose or cause to be disclosed any ligence and such other officials it considers tion received while a member of the Com- classified information received in the course necessary. mittee Staff. of my service on the House Permanent Se- (6) Finality of Committee Decision. (A) Should the Member making such a re- 13. CLASSIFIED MATERIAL lect Committee on Intelligence, except when authorized to do so by the Committee or the quest disagree with the Committee’s deter- (a) Receipt of Classified Information. mination with respect to that request, or (1) Generally. In the case of any informa- House of Representatives.’’ (2) Copy. A copy of such executed oath any part thereof, that Member must notify tion that has been classified under estab- shall be retained in the files of the Com- the Committee in writing of such disagree- lished security procedures and submitted to mittee. ment. the Committee by any source, the Com- (e) Registry. (B) The Committee shall subsequently con- mittee shall receive such classified informa- (1) Generally. The Committee shall main- sider the matter and decide, by record vote, tion as executive session material. tain a registry that: what further action or recommendation, if (2) Staff Receipt of Classified Materials. (A) provides a brief description of the con- any, the Committee will take. For purposes of receiving classified informa- tent of all classified documents provided to (g) Advising the House or Other Commit- tion, the Committee Staff is authorized to the Committee by the executive branch that tees. Pursuant to Section 501 of the National accept information on behalf of the Com- remain in the possession of the Committee; Security Act of 1947 (50 U.S.C. 413), and to mittee. and the Rules of the House, the Committee shall (b) Non-Disclosure of Classified Informa- (B) lists by number all such documents. call to the attention of the House, or to any tion. (2) Designation by the Staff Director. The other appropriate committee of the House, Generally. Any classified information re- staff director shall designate a member of those matters requiring the attention of the ceived by the Committee, from any source, the Committee Staff to be responsible for House, or such other committee, on the basis shall not be disclosed to any person not a the organization and daily maintenance of of the following provisions: Member of the Committee or the Committee such registry. (1) By Request of Committee Member. At Staff, or otherwise released, except as au- (3) Availability. Such registry shall be the request of any Member of the Committee thorized by the Committee in accord with available to all Members of the Committee to call to the attention of the House, or any the Rules of the House and these rules. and Committee Staff. other committee, executive session material 14. PROCEDURES RELATED TO HANDLING OF (f) Requests by Members of Other Commit- in the Committee’s possession, the Com- CLASSIFIED INFORMATION tees. Pursuant to the Rules of the House, mittee shall meet at the earliest practicable (a) Security Measures. Members who are not Members of the Com- opportunity to consider that request.

VerDate jul 14 2003 04:52 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.031 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H379 (2) Committee Consideration of Request. shall ensure that such other committee or (d) Trip Reports. The Committee shall consider the following Member (not a Member of the Committee) (1) Generally. A full report of all issues dis- factors, among any others it deems appro- receiving such classified materials may prop- cussed during any travel shall be submitted priate: erly store classified materials in a manner to the Chief Clerk of the Committee within (A) the effect of the matter in question on consistent with all governing rules, regula- a reasonable period of time following the the national defense or the foreign relations tions, policies, procedures, and statutes. completion of such trip. of the United States; (o) Log. The Director of Security and Reg- (2) Availability of Reports. Such report (B) whether the matter in question in- istry for the Committee shall maintain a shall be: volves sensitive intelligence sources and written record identifying the particular (A) available for the review of any Member methods; classified document or material provided to or Committee Staff; and (C) whether the matter in question other- such other committee or Member (not a (B) considered executive session material wise raises questions affecting the national Member of the Committee), the reasons for purposes of these rules. interest; and agreed upon by the Committee for approving (e) Limitations on Travel. (D) whether the matter in question affects such transmission, and the name of the com- (1) Generally. The Chairman is not author- matters within the jurisdiction of another mittee or Member (not a Member of the ized to permit travel on Committee business Committee of the House. Committee) receiving such document or ma- of Committee Staff who have not satisfied (3) Views of Other Committees. In exam- terial. the requirements of subsection (d) of this ining such factors, the Committee may seek (p) Miscellaneous Requirements. rule. the opinion of Members of the Committee (1) Staff Director’s Additional Authority. (2) Exception. The Chairman may author- appointed from standing committees of the The staff director is further empowered to ize Committee Staff to travel on Committee House with jurisdiction over the matter in provide for such additional measures, which business, notwithstanding the requirements question, or submissions from such other he or she deems necessary, to protect such of subsections (d) and (e) of this rule— committees. classified information authorized by the (A) at the specific request of a Member of (4) Other Advice. The Committee may, dur- Committee to be provided to such other com- the Committee; or ing its deliberations on such requests, seek mittee or Member (not a Member of the (B) in the event there are circumstances the advice of any executive branch official. Committee). beyond the control of the Committee Staff (h) Reasonable Opportunity to Examine (2) Notice to Originating Agency. In the hindering compliance with such require- Materials. Before the Committee makes any event that the Committee authorizes the dis- ments. decision regarding any request for access to closure of classified information provided to (f) Definitions. For purposes of this rule any classified information in its possession, the Committee by an agency of the executive the term ‘‘reasonable period of time’’ means: or a proposal to bring any matter to the at- branch to a Member (not a Member of the (1) no later than 60 days after returning tention of the House or another committee, Committee) or to another committee, the from a foreign trip; and Members of the Committee shall have a rea- Chairman may notify the providing agency (2) no later than 30 days after returning sonable opportunity to examine all pertinent of the Committee’s action prior to the trans- from a domestic trip. testimony, documents, or other materials in mission of such classified information. 18. DISCIPLINARY ACTIONS the Committee’s possession that may inform 15. LEGISLATIVE CALENDAR their decision on the question. (a) Generally. The Committee shall imme- (i) Notification to the House. The Com- (a) Generally. The Chief Clerk, under the diately consider whether disciplinary action mittee may bring a matter to the attention direction of the staff director, shall maintain shall be taken in the case of any member of of the House when, after consideration of the a printed calendar that lists: the Committee Staff alleged to have failed to factors set forth in this rule, it considers the (1) the legislative measures introduced and conform to any rule of the House of Rep- matter in question so grave that it requires referred to the Committee; resentatives or to these rules. the attention of all Members of the House, (2) the status of such measures; and (b) Exception. In the event the House of and time is of the essence, or for any reason (3) such other matters that the Committee Representatives is: the Committee finds compelling. may require. (1) in a recess period in excess of 3 days; or (j) Method of Disclosure to the House. (b) Revisions to the Calendar. The calendar (2) has adjourned sine die; the Chairman of (1) Should the Committee decide by roll shall be revised from time to time to show the full Committee, in consultation with the call vote that a matter requires the atten- pertinent changes. Ranking Minority Member, may take such tion of the House as described in subsection (c) Availability. A copy of each such revi- immediate disciplinary actions deemed nec- (i), it shall make arrangements to notify the sion shall be furnished to each Member, upon essary. House promptly. request. (c) Available Actions. Such disciplinary ac- (2) In such cases, the Committee shall con- (d) Consultation with Appropriate Govern- tion may include immediate dismissal from sider whether: ment Entities. Unless otherwise directed by the Committee Staff. (A) to request an immediate secret session the Committee, legislative measures referred (d) Notice to Members. All Members shall of the House (with time equally divided be- to the Committee may be referred by the be notified as soon as practicable, either by tween the Majority and the Minority); or Chief Clerk to the appropriate department or facsimile transmission or regular mail, of (B) to publicly disclose the matter in ques- agency of the Government for reports there- any disciplinary action taken by the Chair- tion pursuant to clause 11(g) of House Rule on. man pursuant to subsection (b). X. 16. MOTIONS TO GO TO CONFERENCE (e) Reconsideration of Chairman’s Actions. (k) Requirement to Protect Sources and A majority of the Members of the full Com- In accordance with clause 2(a) of House Methods. In bringing a matter to the atten- mittee may vote to overturn the decision of Rule XI, the Chairman is authorized and dition of the House, or another committee, the the Chairman to take disciplinary action rected to offer a privileged motion to go to Committee, with due regard for the protec- pursuant to subsection (b). conference under clause 1 of House Rule XXII tion of intelligence sources and methods, whenever the Chairman considers it appro- 19. BROADCASTING COMMITTEE MEETINGS shall take all necessary steps to safeguard priate. Whenever any hearing or meeting con- materials or information relating to the 17. COMMITTEE TRAVEL ducted by the Committee is open to the pub- matter in question. lic, a majority of the Committee may permit (a) Authority. The Chairman may author- (l) Availability of Information to Other that hearing or meeting to be covered, in ize Members and Committee Staff to travel Committees. The Committee, having deter- whole or in part, by television broadcast, on Committee business. mined that a matter shall be brought to the radio broadcast, and still photography, or by (b) Requests. attention of another committee, shall ensure any of such methods of coverage, subject to (1) Member Requests. Members requesting that such matter, including all classified in- the provisions and in accordance with the authorization for such travel shall state the formation related to that matter, is prompt- spirit of the purposes enumerated in the purpose and length of the trip, and shall sub- ly made available to the chairman and rank- Rules of the House. ing minority member of such other commit such request directly to the Chairman. mittee. (2) Committee Staff Requests. Committee 20. COMMITTEE RECORDS TRANSFERRED TO THE (m) Provision of Materials. The Director of Staff requesting authorization for such trav- NATIONAL ARCHIVES Security and Registry for the Committee el shall state the purpose and length of the (a) Generally. The records of the Com- shall provide a copy of these rules, and the trip, and shall submit such request through mittee at the National Archives and Records applicable portions of the Rules of the House their supervisors to the staff director and Administration shall be made available for of Representatives governing the handling of the Chairman. public use in accordance with the Rules of classified information, along with those ma- (c) Notification to Members. the House of Representatives. terials determined by the Committee to be (1) Generally. Members shall be notified of (b) Notice of Withholding. The Chairman made available to such other committee of all foreign travel of Committee Staff not ac- shall notify the Ranking Minority Member the House or Member (not a Member of the companying a Member. of any decision, pursuant to the Rules of the Committee). (2) Content. All Members are to be advised, House of Representatives, to withhold a (n) Ensuring Clearances and Secure Stor- prior to the commencement of such travel, of record otherwise available, and the matter age. The Director of Security and Registry its length, nature, and purpose. shall be presented to the full Committee for

VerDate jul 14 2003 04:52 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.033 H08PT1 H380 CONGRESSIONAL RECORD — HOUSE February 8, 2005 a determination of the question of public Committee or a Subcommittee shall be open may participate in any meeting or hearing. availability on the written request of any to the public, except as provided by clause However, a Member who is not a Member of Member of the Committee. 2(g) and clause 2(k) of House Rule XI. the Subcommittee may not vote on any mat- 21. CHANGES IN RULES (c) Broadcasting.—Whenever a meeting for ter before the Subcommittee, be counted for the transaction of business, including the purposes of establishing a quorum or raise (a) Generally. These rules may be modi- markup of legislation, or a hearing is open to points of order. fied, amended, or repealed by vote of the full the public, that meeting or hearing shall be (f) Proxies.—No vote in the Committee or Committee. open to coverage by television, radio, and its Subcommittees may be cast by proxy. (b) Notice of Proposed Changes. A notice, still photography in accordance with clause 4 (g) Record Votes.—Record votes shall be in writing, of the proposed change shall be of House Rule XI. The provisions of clause ordered on the demand of one-fifth of the given to each Member at least 48 hours prior 4(f) of House Rule XI are specifically made Members present, or by any Member in the to any meeting at which action on the pro- part of these ru1es by reference. Operation apparent absence of a quorum. posed rule change is to be taken. and use of any Committee Internet broadcast (h) Postponed Record Votes. f system shall be fair and nonpartisan and in (1) Subject to paragraph (2), the Chairman The SPEAKER pro tempore. Under a accordance with clause 4(b) of House Rule XI may, after consultation with the Ranking previous order of the House, the gen- and all other applicable rules of the Com- Minority Member, postpone further pro- tleman from New Jersey (Mr. PALLONE) mittee and the House. ceedings when a record vote is ordered on the is recognized for 5 minutes. (d) Oversight Plan.—No later than Feb- question of approving any measure or matter ruary 15 of the first session of each Congress, or adopting an amendment. The Chairman (Mr. PALLONE addressed the House. the Committee shall adopt its oversight shall resume proceedings on a postponed re- His remarks will appear hereafter in plans for that Congress in accordance with quest at any time after reasonable notice, the Extensions of Remarks.) clause 2(d)(1) of House Rule X. but no later than the next meeting day. f RULE 3. PROCEDURES IN GENERAL (2) Notwithstanding any intervening order for the previous question, when proceedings (a) Agenda of Meetings; Information for PUBLICATION OF THE RULES OF resume on a postponed question under para- Members.—An agenda of the business to be THE COMMITTEE ON RESOURCES, graph (1), an underlying proposition shall re- considered at meetings shall be delivered to 109TH CONGRESS main subject to further debate or amend- the office of each Member of the Committee ment to the same extent as when the ques- The SPEAKER pro tempore. Under a no later than 48 hours before the meeting. tion was postponed. This requirement may be waived by a major- previous order of the House, the gen- (3) This rule shall apply to Subcommittee ity vote of the Committee at the time of the tleman from California (Mr. POMBO) is proceedings. recognized for 5 minutes. consideration of the measure or matter. To (i) Privileged Motions.—A motion to recess Mr. POMBO. Mr. Speaker, I request that the the extent practicable, a summary of the from day to day, a motion to recess subject major provisions of any bill being considered to the call of the Chairman (within 24 hours), attached Committee Rules, adopted by the by the Committee, including the need for the Committee on Resources, be submitted for the and a motion to dispense with the first read- bill and its effect on current law, will be ing (in full) of a bill or resolution if printed RECORD. available for the Members of the Committee copies are available, are nondebatable mo- RULE 1. RULES OF THE HOUSE; VICE CHAIRMEN no later than 48 hours before the meeting. tions of high privilege. (b) Meetings and Hearings to Begin (a) Applicability of House Rules. (j) Layover and Copy of Bill.—No measure Promptly.—Each meeting or hearing of the (1) The Rules of the House of Representa- or recommendation reported by a Sub- Committee shall begin promptly at the time tives, so far as they are applicable, are the committee shall be considered by the Com- stipulated in the public announcement of the rules of the Committee and its Subcommit- mittee until two calendar days from the meeting or hearing. tees. time of Subcommittee action. No bill shall (c) Addressing the Committee.—A Com- (2) Each Subcommittee is part of the Com- be considered by the Committee unless a mittee Member may address the Committee mittee and is subject to the authority, direc- copy has been delivered to the office of each or a Subcommittee on any bill, motion, or tion and rules of the Committee. References Member of the Committee requesting a copy. other matter under consideration or may in these rules to ‘‘Committee’’ and ‘‘Chair- These requirements may be waived by a ma- question a witness at a hearing only when man’’ shall apply to each Subcommittee and jority vote of the Committee at the time of recognized by the Chairman for that purpose. its Chairman wherever applicable. consideration of the measure or rec- The time a Member may address the Com- (3) House Rule XI is incorporated and made ommendation. mittee or Subcommittee for any purpose or a part of the rules of the Committee to the (k) Access to Dais and Conference Room.— to question a witness shall be limited to five extent applicable. Access to the hearing rooms’ daises [and to minutes, except as provided in Committee (b) Vice Chairmen.—Unless inconsistent the conference rooms adjacent to the Com- rule 4(g). A Member shall limit his remarks with other rules, the Chairman shall appoint mittee hearing rooms] shall be limited to to the subject matter under consideration. a Vice Chairman of the Committee and the Members of Congress and employees of the The Chairman shall enforce the preceding Subcommittee Chairmen will appoint Vice Committee during a meeting of the Com- provision. Chairmen of each of the Subcommittees. If mittee, except that Committee Members’ (d) Quorums. the Chairman of the Committee or Sub- personal staff may be present on the daises if (1) A majority of the Members shall con- committee is not present at any meeting of their employing Member is the author of a stitute a quorum for the reporting of any the Committee or Subcommittee, as the case bill or amendment under consideration by measure or recommendation, the authorizing may be, the Vice Chairman shall preside. If the Committee, but only during the time of a subpoena, the closing of any meeting or the Vice Chairman is not present, the rank- that the bill or amendment is under active hearing to the public under clause 2(g)(1), ing Member of the Majority party on the consideration by the Committee. Access to clause 2(g)(2)(A) and clause 2(k)(5)(B) of Committee or Subcommittee who is present the conference rooms adjacent to the Com- House Rule XI, and the releasing of execu- shall preside at that meeting. mittee hearing rooms shall be limited to tive session materials under clause 2(k)(7) of Members of Congress and employees of Con- RULE 2. MEETINGS IN GENERAL House Rule X. Testimony and evidence may gress during a meeting of the Committee. (a) Scheduled Meetings.—The Committee be received at any hearing at which there are (I) Cellular Telephones.—The use of cel- shall meet at 10 a.m. every Wednesday when at least two Members of the Committee lular telephones is prohibited on the Com- the House is in session, unless canceled by present. For the purpose of transacting all mittee dais or in the Committee hearing the Chairman. The Committee shall also other business of the Committee, one third rooms during a meeting of the Committee. meet at the call of the Chairman subject to of the Members shall constitute a quorum. (m) Motion to go to Conference with the advance notice to all Members of the Com- (2) When a call of the roll is required to as- Senate. The Chairman may offer a motion mittee. Special meetings shall be called and certain the presence of a quorum, the offices under clause 1 of Rule XXII whenever the convened by the Chairman as provided in of all Members shall be notified and the Chairman considers it appropriate. clause 2(c)(I) of House Rule XI. Any Com- Members shall have not less than 15 minutes mittee meeting or hearing that conflicts to prove their attendance. The Chairman RULE 4. HEARING PROCEDURES with a party caucus, conference, or similar shall have the discretion to waive this re- (a) Announcement.—The Chairman shall party meeting shall be rescheduled at the quirement when a quorum is actually publicly announce the date, place, and sub- discretion of the Chairman, in consultation present or whenever a quorum is secured and ject matter of any hearing at least one week with the Ranking Minority Member. The may direct the Chief Clerk to note the names before the hearing unless the Chairman, with Committee may not sit during a joint ses- of all Members present within the 15-minute the concurrence of the Ranking Minority sion of the House and Senate or during a re- period. Member, determines that there is good cause cess when a joint meeting of the House and (e) Participation of Members in Committee to begin the hearing sooner, or if the Com- Senate is in progress. and Subcommittees.—All Members of the mittee so determines by majority vote. In (b) Open Meetings.—Each meeting for the Committee may sit with any Subcommittee these cases, the Chairman shall publicly an- transaction of business, including the mark- during any hearing, and by unanimous con- nounce the hearing at the earliest possible up of legislation, and each hearing of the sent of the Members of the Subcommittee date. The Chief Clerk of the Committee shall

VerDate jul 14 2003 04:52 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.035 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H381 promptly notify the Daily Digest Clerk of initiated by the Chairman, followed by the graph extends the time allowed for filing the Congressional Record and shall promptly Ranking Minority Member and all other supplemental, additional or minority views enter the appropriate information on the Members alternating between the Majority under paragraph (c). Committee’s web site as soon as possible and Minority parties. In recognizing Mem- (e) Disclaimer.—All Committee or Sub- after the public announcement is made. bers to question witnesses, the Chairman committee reports printed and not approved (b) Written Statement; Oral Testimony.— shall take into consideration the ratio of the by a majority vote of the Committee or Sub- Each witness who is to appear before the Majority to Minority Members present and committee, as appropriate, shall contain the Committee or a Subcommittee shall file shall establish the order of recognition for following disclaimer on the cover of the re- with the Chief Clerk of the Committee or questioning in a manner so as not to dis- port: ‘‘This report has not been officially Subcommittee Clerk, at least two working advantage the Members of the Majority or adopted by the {Committee on Resources} days before the day of his or her appearance, the Members of the Minority. A motion is in {Subcommittee} and may not therefore nec- a written statement of proposed testimony. order to allow designated Majority and Mi- essarily reflect the views of its Members.’’. Failure to comply with this requirement nority party Members to question a witness RULE 6. ESTABLISHMENT OF SUBCOMMITTEES; may result in the exclusion of the written for a specified period to be equally divided FULL COMMITTEE JURISDICTION; BILL REFER- testimony from the hearing record and/or between the Majority and Minority parties. RALS the barring of an oral presentation of the This period shall not exceed one hour in the (a) Subcommittees.—There shall be five testimony. Each witness shall limit his or aggregate. standing Subcommittees of the Committee: her oral presentation to a five-minute sum- (h) Materials for Hearing Record.—Any (1) Subcommittee on Energy and Mineral mary of the written statement, unless the materials submitted specifically for inclu- Resources; Chairman, in consultation with the Ranking sion in the hearing record must address the (2) Subcommittee on Fisheries and Oceans; Minority Member, extends this time period. announced subject matter of the hearing and (3) Subcommittee on Forests and Forest In addition, all witnesses shall be required to be submitted to the relevant Subcommittee Health; submit with their testimony a resume or Clerk or Chief Clerk no later than 10 busi- (4) Subcommittee on National Parks; and other statement describing their education, ness days following the last day of the hear- employment, professional affiliations and (5) Subcommittee on Water and Power. ing. (b) Full Committee.—The Full Committee other background information pertinent to (i) Claims of Privilege.—Claims of com- shall have the following jurisdiction and re- their testimony. mon-law privileges made by witnesses in (c) Minority Witnesses.—When any hearing sponsibilities: hearings, or by interviewees or deponents in is conducted by the Committee or any Sub- (1) Environmental and habitat measures investigations or inquiries, are applicable committee upon any measure or matter, the and matters of general applicability. only at the discretion of the Chairman, sub- Minority party Members on the Committee (2) Measures relating to the welfare of Na- ject to appeal to the Committee. or Subcommittee shall be entitled, upon re- tive Americans, including management of quest to the Chairman by a majority of those RULE 5. FILING OF COMMITTEE REPORTS Indian lands in general and special measures Minority Members before the completion of (a) Duty of Chairman.—Whenever the Com- relating to claims which are paid out of In- the hearing, to call witnesses selected by the mittee authorizes the favorable reporting of dian funds. Minority to testify with respect to that a measure from the Committee, the Chair- (3) All matters regarding the relations of measure or matter during at least one day of man or his designee shall report the same to the United States with Native Americans hearings thereon. the House of Representatives and shall take and Native American tribes, including spe- (d) Information for Members.—After an- all steps necessary to secure its passage cial oversight functions under Rule X of the nouncement of a hearing, the Committee without any additional authority needed to Rules of the House of Representatives. shall make available as soon as practicable be set forth in the motion to report each in- (4) All matters regarding Native Alaskans to all Members of the Committee a tentative dividual measure. In appropriate cases, the and Native Hawaiians. witness list and to the extent practicable a authority set forth in this rule shall extend (5) All matters related to the Federal trust memorandum explaining the subject matter to moving in accordance with the Rules of responsibility to Native Americans and the of the hearing (including relevant legislative the House of Representatives that the House sovereignty of Native Americans. reports and other necessary material). In ad- be resolved into the Committee of the Whole (6) All matters regarding insular areas of dition, the Chairman shall make available to House on the State of the Union for the con- the United States. the Members of the Committee any official sideration of the measure; and to moving in (7) All measures or matters regarding the reports from departments and agencies on accordance with the Rules of the House of Freely Associated States and Antarctica. the subject matter as they are received. Representatives for the disposition of a Sen- (8) Cooperative efforts to encourage, en- (e) Subpoenas.—The Committee or a Sub- ate measure that is substantially the same hance and improve international programs committee may authorize and issue a sub- as the House measure as reported. for the protection of the environment and poena under clause 2(m) of House Rule XI if (b) Filing.—A report on a measure which the conservation of natural resources other- authorized by a majority of the Members has been approved by the Committee shall be wise within the jurisdiction of the Full Com- voting. In addition, the Chairman of the filed within seven calendar days (exclusive of mittee under this paragraph. Committee may authorize and issue sub- days on which the House of Representatives (9) All measures and matters retained by poenas during any period of time in which is not in session) after the day on which the Full Committee under Committee rule the House of Representatives has adjourned there has been filed with the Committee 6(e). for more than three days. Subpoenas shall be Chief Clerk a written request, signed by a (10) General and continuing oversight and signed only by the Chairman of the Com- majority of the Members of the Committee, investigative authority over activities, poli- mittee, or any Member of the Committee au- for the reporting of that measure. Upon the cies and programs within the jurisdiction of thorized by the Committee, and may be filing with the Committee Chief Clerk of this the Committee under House Rule X. served by any person designated by the request, the Chief Clerk shall transmit im- (c) Ex-officio Members.—The Chairman Chairman or Member. mediately to the Chairman notice of the fil- and Ranking Minority Member of the Com- (I) Oaths.—The Chairman of the Com- ing of that request. mittee may serve as ex-officio Members of mittee or any Member designated by the (c) Supplemental, Additional or Minority each standing Subcommittee to which the Chairman may administer oaths to any wit- Views.—Any Member may, if notice is given Chairman or the Ranking Minority Member ness before the Committee. All witnesses ap- at the time a bill or resolution is approved have not been assigned. Ex-officio Members pearing in hearings may be administered the shall have the right to fully participate in following oath by the Chairman or his des- by the Committee, file supplemental, addi- Subcommittee activities but may not vote ignee prior to receiving the testimony: ‘‘Do tional, or minority views. These views must you solemnly swear or affirm that the testi- be in writing and signed by each Member and may not be counted in establishing a mony that you are about to give is the truth, joining therein and be filed with the Com- quorum. the whole truth, and nothing but the truth, mittee Chief Clerk not less than two addi- (d) Powers and Duties of Subcommittees.— so help you God?’’. tional calendar days (excluding Saturdays, Each Subcommittee is authorized to meet, (g) Opening Statements; Questioning of Sundays and legal holidays except when the hold hearings, receive evidence and report to Witnesses. House is in session on those days) of the time the Committee on all matters within its ju- (1) Opening statements by Members may the bill or resolution is approved by the risdiction. Each Subcommittee shall review not be presented orally, unless the Chairman Committee. This paragraph shall not pre- and study, on a continuing basis, the appli- or his designee makes a statement, in which clude the filing of any supplemental report cation, administration, execution and effec- case the Ranking Minority Member or his on any bill or resolution that may be re- tiveness of those statutes, or parts of stat- designee may also make a statement. If a quired for the correction of any technical utes, the subject matter of which is within witness scheduled to testify at any hearing error in a previous report made by the Com- that Subcommittee’s jurisdiction; and the of the Committee is a constituent of a Mem- mittee on that bill or resolution. organization, operation, and regulations of ber of the Committee, that Member shall be (d) Review by Members.—Each Member of any Federal agency or entity having respon- entitled to introduce the witness at the hear- the Committee shall be given an opportunity sibilities in or for the administration of such ing. to review each proposed Committee report statutes, to determine whether these stat- (2) The questioning of witnesses in Com- before it is filed with the Clerk of the House utes are being implemented and carried out mittee and Subcommittee hearings shall be of Representatives. Nothing in this para- in accordance with the intent of Congress.

VerDate jul 14 2003 04:52 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.038 H08PT1 H382 CONGRESSIONAL RECORD — HOUSE February 8, 2005 Each Subcommittee shall review and study special or select Subcommittee shall be ap- Rule X, shall prepare and introduce in the any conditions or circumstances indicating pointed by the Chairman of the Committee. House a supporting expense resolution, and the need of enacting new or supplemental The Ranking Minority Members shall select take all action necessary to bring about its legislation within the jurisdiction of the a Ranking Minority Member for each Task approval by the Committee on House Admin- Subcommittee. Each Subcommittee shall Force, or standing, special or select Sub- istration and by the House of Representa- have general and continuing oversight and committee. tives. (c) Amendments.—The Chairman shall re- investigative authority over activities, poli- RULE 8. RECOMMENDATION OF CONFEREES cies and programs within the jurisdiction of port to the Committee any amendments to Whenever it becomes necessary to appoint the Subcommittee. each expense resolution and any related conferees on a particular measure, the Chair- (e) Referral to Subcommittees; Recall. changes in the budget. man shall recommend to the Speaker as con- (1) Except as provided in paragraph (2) and (d) Additional Expenses.—Authorization ferees those Majority Members, as well as for those matters within the jurisdiction of for the payment of additional or unforeseen those Minority Members recommended to the Full Committee, every legislative meas- Committee expenses may be procured by one the Chairman by the Ranking Minority ure or other matter referred to the Com- or more additional expense resolutions proc- Member, primarily responsible for the meas- essed in the same manner as set out under mittee shall be referred to the Sub- ure. The ratio of Majority Members to Mi- this rule. committee of jurisdiction within two weeks nority Members recommended for con- (e) Monthly Reports.—Copies of each of the date of its referral to the Committee. ferences shall be no greater than the ratio on monthly report, prepared by the Chairman If any measure or matter is within or affects the Committee. for the Committee on House Administration, the jurisdiction of one or more Subcommit- which shows expenditures made during the RULE 9. COMMITTEE RECORDS tees, the Chairman may refer that measure reporting period and cumulative for the or matter simultaneously to two or more (a) Segregation of Records.—All Com- year, anticipated expenditures for the pro- Subcommittees for concurrent consideration mittee records shall be kept separate and jected Committee program, and detailed in- or for consideration in sequence subject to distinct from the office records of individual formation on travel, shall be available to appropriate time limits, or divide the matter Committee Members serving as Chairmen or each Member. into two or more parts and refer each part to Ranking Minority Members. These records RULE 11. COMMITTEE STAFF a Subcommittee. shall be the property of the House and all (a) Rules and Policies.—Committee staff (2) The Chairman, with the approval of a Members shall have access to them in ac- members are subject to the provisions of majority of the Majority Members of the cordance with clause 2(e)(2) of House Rule clause 9 of House Rule X, as well as any writ- Committee, may refer a legislative measure XI. ten personnel policies the Committee may or other matter to a select or special Sub- (b) Availability.—The Committee shall from time to time adopt. committee. A legislative measure or other make available to the public for review at (b) Majority and Nonpartisan Staff.—The matter referred by the Chairman to a Sub- reasonable times in the Committee office the Chairman shall appoint, determine the re- committee may be recalled from the Sub- following records: muneration of, and may remove, the legisla- committee for direct consideration by the (1) transcripts of public meetings and hear- tive and administrative employees of the Full Committee, or for referral to another ings, except those that are unrevised or un- Committee not assigned to the Minority. Subcommittee, provided Members of the edited and intended solely for the use of the The legislative and administrative staff of Committee receive one week written notice Committee; and the Committee not assigned to the Minority of the recall and a majority of the Members (2) the result of each rollcall vote taken in shall be under the general supervision and of the Committee do not object. In addition, the Committee, including a description of direction of the Chairman, who shall estab- a legislative measure or other matter re- the amendment, motion, order or other prop- lish and assign the duties and responsibil- ferred by the Chairman to a Subcommittee osition voted on, the name of each Com- ities of these staff members and delegate any may be recalled from the Subcommittee at mittee Member voting for or against a propo- authority he determines appropriate. any time by majority vote of the Committee sition, and the name of each Member present (c) Minority Staff.—The Ranking Minority for direct consideration by the Full Com- but not voting. Member of the Committee shall appoint, de- mittee or for referral to another Sub- (c) Archived Records.—Records of the Com- termine the remuneration of, and may re- committee. mittee which are deposited with the Na- move, the legislative and administrative (f) Consultation.—Each Subcommittee tional Archives shall be made available for staff assigned to the Minority within the Chairman shall consult with the Chairman of public use pursuant to House Rule VII. The budget approved for those purposes. The leg- the Full Committee prior to setting dates for Chairman of the Committee shall notify the islative and administrative staff assigned to Subcommittee meetings with a view towards Ranking Minority Member of any decision, the Minority shall be under the general su- avoiding whenever possible conflicting Com- pursuant to clause 3(b)(3) or clause 4(b) of pervision and direction of the Ranking Mi- mittee and Subcommittee meetings. House Rule VII, to withhold, or to provide a nority Member of the Committee who may (g) Vacancy.—A vacancy in the member- time, schedule or condition for availability delegate any authority he determines appro- ship of a Subcommittee shall not affect the of any record otherwise available. At the priate. power of the remaining Members to execute written request of any Member of the Com- (d) Availability.—The skills and services of the functions of the Subcommittee. mittee, the matter shall be presented to the all Committee staff shall be available to all Members of the Committee. RULE 7. TASK FORCES, SPECIAL OR SELECT Committee for a determination and shall be SUBCOMMITTEES subject to the same notice and quorum re- RULE 12. COMMITTEE TRAVEL quirements for the conduct of business under (a) Appointment.—The Chairman of the In addition to any written travel policies Committee Rule 3. Committee is authorized, after consultation the Committee may from time to time (d) Records of Closed Meetings.—Notwith- with the Ranking Minority Member, to ap- adopt, all travel of Members and staff of the standing the other provisions of this rule, no point Task Forces, or special or select Sub- Committee or its Subcommittees, to hear- records of Committee meetings or hearings committees, to carry out the duties and ings, meetings, conferences and investiga- which were closed to the public pursuant to functions of the Committee. tions, including all foreign travel, must be the Rules of the House of Representatives (b) Ex-Officio Members.—The Chairman authorized by the Full Committee Chairman shall be released to the public unless the and Ranking Minority Member of the Com- prior to any public notice of the travel and Committee votes to release those records in prior to the actual travel. In the case of Mi- mittee may serve as ex-officio Members of accordance with the procedure used to close nority staff, all travel shall first be approved each Task Force, or special or select Sub- the Committee meeting. by the Ranking Minority Member. Funds au- committee if they are not otherwise mem- (e) Classified Materials.—All classified ma- thorized for the Committee under clauses 6 bers. Ex-officio Members shall have the right terials shall be maintained in an appro- and 7 of House Rule X are for expenses in- to fully participate in activities but may not priately secured location and shall be re- curred in the Committee’s activities within vote and may not be counted in establishing leased only to authorized persons for review, the United States. a quorum. who shall not remove the material from the (c) Party Ratios.—The ratio of Majority RULE 13. CHANGES TO COMMITTEE RULES Committee offices without the written per- Members to Minority Members, excluding The rules of the Committee may be modi- mission of the Chairman. ex-officio Members, on each Task Force, spe- fied, amended, or repealed, by a majority cial or select Subcommittee shall be as close RULE 10. COMMITTEE BUDGET AND EXPENSES vote of the Committee, provided that 48 as practicable to the ratio on the Full Com- (a) Budget.—At the beginning of each Con- hours written notice of the proposed change mittee. gress, after consultation with the Chairman has been provided each Member of the Com- (d) Temporary Resignation.—A Member of each Subcommittee and the Ranking Mi- mittee prior to the meeting date on which can temporarily resign his or her position on nority Member, the Chairman shall present the changes are to be discussed and voted on. a Subcommittee to serve on a Task Force, to the Committee for its approval a budget A change to the rules of the Committee shall special or select Subcommittee without prej- covering the funding required for staff, trav- be published in the Congressional Record no udice to the Member’s seniority on the Sub- el, and miscellaneous expenses. later than 30 days after its approval. committee. (b) Expense Resolution.—Upon approval by RULE 14. OTHER PROCEDURES (e) Chairman and Ranking Minority Mem- the Committee of each budget, the Chair- The Chairman may establish procedures ber.—The Chairman of any Task Force, or man, acting pursuant to clause 6 of House and take actions as may be necessary to

VerDate jul 14 2003 04:52 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.041 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H383 carry out the rules of the Committee or to State of the Union address last week. Mr. OWENS. Mr. Speaker, the Presi- facilitate the effective administration of the These omitted policies include debt dent has presented his budget to the Committee, in accordance with the rules of service, and add $2 trillion to the def- Congress. We have begun a process the Committee and the Rules of the House of icit. which is the most moral process our Representatives. Not included in the budget are tran- government undertakes each year. f sition costs of privatizing Social Secu- The budget of the United States is a THE PRESIDENT’S BUDGET rity. By delaying the start of the Presi- moral statement. The President begins dent’s new Social Security plan until that budget process by making his own The SPEAKER pro tempore. Under a 2009 and then passing it on over 3 years, moral statement. The process goes for- previous order of the House, the gen- this budget manages to avoid showing ward with the Congress deliberating; tleman from Georgia (Mr. SCOTT) is most of the costs, but they are to be and when we come out at the end of the recognized for 5 minutes. substantial. The Social Security actu- year with the appropriations based on Mr. SCOTT of Georgia. Mr. Speaker, aries have estimated the cost could be this budget, we are making a state- I have several problems with the Presi- about $750 billion, and these are the ment to the Nation and to the world of dent’s budget. First, the Draconian President’s people, over the 2009 to 2015 what our moral values are, stating cuts and discretionary spending do not period alone, and between $4 trillion what are our moral values. reduce the deficit. In fact, the deficit and $5 trillion over the first 20 years of This budget shows our moral values continues as far as the eye can see. full implementation. are really in serious trouble, because I This budget is not honest and omits Also not included in this budget are think this is a budget of war against many important priorities, thus negat- funds for appropriations and operations peace. You could call this a war- ing the President’s promise to cut the in Iraq and Afghanistan. Just think: against-peace budget. It is not exag- deficit in half by 2009. And further, this the additional $81 billion being asked gerating to say it is kind of a bar- budget has the audacity to raise taxes for this year for our soldiers for their barity-against-civilization budget. Be- on our veterans. safety, for their hardware, for their cause what we are doing is saving And as Shakespeare’s Julius Caesar armor and the military, is not even in money. We are going to save money in said to Brutus, ‘‘Et tu Brutus, yours is this budget. Is that responsible? Ac- all the areas which would carry for- the meanest cut of all.’’ This is the cording to a scenario developed by the ward our civilization and benefit peace meanest cut of all in this budget: to Congressional Budget Office, costs for and benefit a productive society; we cut our veterans, to raise taxes on our operations in Iraq and Afghanistan are going to save that money in order veterans. We need to be doing more for could run as much as $400 billion more to put it into the military. That is our veterans, not less. And certainly than what this budget includes. what this budget is all about. not raising taxes on our veterans as The budget also includes no funding It is a very dishonest budget to begin this budget does. to repair the Alternative Minimum with, because the largest items of ex- And this budget also hurts our farm- Tax, which protects middle-income penditure for this coming year are not ers, cutting badly needed programs. taxpayers, which is another $64 billion even put in the budget. We are going to The budget is not balanced. In fact, not accounted for in the budget. be asked in a few weeks to vote on a this budget creates a new record for a The budget also imposes a $250 an- budget which includes $80 billion for deficit $427 billion for fiscal year 2006. nual enrollment fee for veterans with- the wars in Iraq and Afghanistan. That This administration’s budget con- out service-connected disabilities who is not included in this budget. We tinues a record of deficits and raising also have incomes above VA means- ought to be honest about that. We ought to be honest about the fact debt over the last 4 years. For the third tested levels. What this means is even that Social Security proposals are year in a row, the administration’s before some of our veterans can even being made which will require tremen- budget creates a new record deficit, get into the hospital, they are being dous amounts of money to be drained while offering no plan to restore the taxed $250. The budget also increases from the budget also. So it is not an budget to balance. The $5.6 trillion 10- pharmacy copayments for our veterans honest budget to begin with. It is not a year surplus inherited by this adminis- from $7 to $15. Both of these veterans moral budget, or it is a moral budget is tration from the Clinton administra- taxes were proposed in the last two tion, which should have been used to that reflects bad morals. budgets, and we rejected both of them The morality that we must under- strengthen Social Security, instead has in Congress. take here is understanding what the been squandered and replaced by a def- In conclusion, Mr. Speaker, this Fed- Congressional Black Caucus always has icit of $4 trillion over the same time eral budget should be an honest blue- understood, which is that this is the period from 2002 to 2011. print for the spending priorities of this most important item on the agenda of Our goal of the deficit reduction ac- government. However, this budget is the Congress; and we must deal with complished during the Clinton admin- not honest. It is passing our obliga- items like education, like health care, istration was to save for the retire- tions, responsibilities, and challenges housing, et cetera. We have disparities ment of the baby boomers. Instead, to our children and grandchildren; and which exist and impact upon the black this administration has run up moun- that is immoral. Let us stand up for community, and those disparities real- tains of new debt, which just passes the the honesty and goodness of our Nation ly impact on the total working-family bill for today’s policy choices on to our and reject this budget. community, and the majority of Amer- children and our grandchildren. f icans are impacted. Under the administration’s policies, The SPEAKER pro tempore (Mr. b 2000 the annual burden of the Federal debt CONAWAY). Under a previous order of on the typical American family will the House, the gentlewoman from So as we pursue the closing of the more than double over the next 10 Texas (Ms. JACKSON-LEE) is recognized gap between those disparities, we are years, with each family’s share of the for 5 minutes. also pursuing that for the rest of Amer- Federal interest payments on the debt (Ms. JACKSON-LEE of Texas ad- ica, as well as for the African American rising from just over $2,000 per year to dressed the House. Her remarks will community. around $5,000 per year. This is not the appear hereafter in the Extensions of The chairman of the Congressional kind of legacy we should be leaving to Remarks.) Black Caucus will elaborate on that our future, to our children and grand- more in a few minutes. I just want to f children. This debt transfer is essen- say that this omission that we are tially a birth tax. AN IMMORAL BUDGET PROPOSAL dealing with here tonight is the begin- Another thing, this budget is not The SPEAKER pro tempore. Under ning of the process. We are going to honest. Several of the President’s top the Speaker’s announced policy of Jan- have debates, negotiation, and legisla- priorities are omitted from this budget. uary 4, 2005, the gentleman from New tion. I hope that those of us who debate What surprises me is these projects York (Mr. OWENS) is recognized for 60 and discuss and negotiate will show that he is omitting from his budget minutes as the designee of the minor- greater moral fiber than has been dis- this week were signature points in his ity leader. played so far, and that at the end of

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.044 H08PT1 H384 CONGRESSIONAL RECORD — HOUSE February 8, 2005 this process in the fall, when we begin of al Qaeda. The analysts understood ary 26, we presented a CBC agenda that to vote on the appropriations bills, this, so they began to be concerned would close disparities and create op- there will be a different moral mani- about fighting terror by improving the portunity. We outlined six areas in festo of the Nation emerging, unlike conditions of the people abroad, start- which significant barriers exist that the one in the statement made by this ing with the funding for education. prevent African Americans from enjoy- budget. Education at home, however, is going ing the same quality of life as white The way a nation spends its money, to be neglected. Education at home is Americans. We requested the Presi- as I said before, provides the whole as much a matter of national security dent’s support and asked him to dem- world with indisputable evidence of as education anywhere in the world. onstrate it both verbally and sub- what its real moral values are. Our Education is the least expensive way stantively. Unfortunately, the budget true beliefs are reflected in the way we for us to guarantee our security. We that the President sent to Congress allocate our resources; and here I will can guarantee our security far cheaper yesterday falls far short of the sub- just give one example. They have cut $4 with education being spread, beginning stantive goals that we hoped the Presi- billion worth of education programs. at home, than we can by throwing dent would have set forth to eliminate The President and the White House more money at the military and starv- disparities. propose to cut $4 billion worth of edu- ing health care programs, housing pro- The first area we presented to the cation programs. At the same time, we grams, and education programs here at President was in the area of closing the have a program called the Missile De- home in order to improve the military. achievement and opportunity gaps in fense Systems program, and it is add- Among the programs that are being education. In his budget, the President ing, it is increasing that budget. It will eliminated is a program that relates to proposes eliminating the Perkins loan now be $8 billion. Twice as much as is foreign languages. If ever it was clear program, which provides low-interest being cut for education is going to be that foreign languages are important, loans to low- and middle-income college students. This proposal would spent this coming year on the Missile it is right now when our own ability to have disastrous effects on African Defense program, which does not work. fight the terrorists has been shown to American college students, many of And they say that they are cutting the be inadequate because we cannot trans- whom rely heavily on Federal financial education programs because they do late the language, we cannot under- aid programs to offset the cost of ob- not work. stand enough. There are not enough taining higher education. As it is, Afri- This defense program has been people around who can translate Ara- can Americans attend college at a around for some time. It used to be bic, let alone the more difficult lan- lower rate than white Americans. If called Star Wars. All kinds of different guages of Urdu and Pashtu, and the the President succeeds in his plan to labels have been placed upon it, but we languages that have seldom been before eliminate the Perkins loan program, a read occasionally about them testing it studied in our schools. We should be college education would simply be and rockets going off in the sky and appropriating billions of dollars in unaffordable and unattainable for misfiring; and every time that happens order to train more young people in many African American college stu- it is $75 million or $100 million. The languages. dents. failed test costs us millions of dollars, I can go on and on, and I intend later African American college enrollment yet we go on, we continue. It does not to come back and discuss in great de- rates are 10 percent lower than white work, it costs millions of dollars, but tail some of these programs, especially college enrollment rates. College grad- we do not eliminate it. in education, that are being eliminated uation rates are even worse for African Security, they say, is the number one and what their impact is on our society American students. Only 46 percent of issue, and I agree, security is the num- as a whole. African American freshmen ever grad- ber one issue. The definition of secu- We have a steady increase in the pop- uate from college, compared to 67 per- rity is what we have to discuss. Secu- ulation of our prisons, a steady in- cent of white freshmen. According to rity is not throwing dollars at the mili- crease of African American males in the Education Trust, the typical Amer- tary. Security is not throwing dollars our population of the prisons. There is ican college or university has a gradua- at missile systems that do not work a relationship between the tremendous tion rate gap between white and Afri- and missile systems which are almost number of cuts over the last 10 years in can American students of over 10 per- irrelevant at this point. That is not se- social programs and the steady in- centage points. A quarter of institu- curity. Security means more than just crease of African American males in tions have a gap of 20 percentage points guns, missiles, bombers. our prisons. They cost much more to or more. I do want to applaud the President maintain in our prisons, of course, In a recent study by the Luna Foun- for increasing slightly the Millennium than the cost is to provide a decent dation For Education, the Foundation Fund, which is supposed to help na- education, either in elementary and found that the single most important tions across the world improve their secondary education, or in college. financial variable influencing whether own governments and deliver better But I will pause here and call upon or not a student will attend college is education and health care to their own the President of the Congressional the amount of need-based financial aid people. Education, in particular, is a Black Caucus to enunciate the being provided. In spite of these dis- concern of the Millennium Fund. The Caucus’s emphasis and position as we parities, the President seeks to not Millennium Fund got started as a re- go into this process of deliberating on only eliminate the Perkins loan pro- sult of an analysis. The Millennium this budget to make this budget a more gram, but he is proposing to eliminate Fund understood what happened with moral document, reflecting a more civ- the Gear Up and the TRIO programs as Osama bin Laden and the gathering of ilized approach to guarantee the secu- well. forces in Afghanistan. They came out rity of the American people and people The sole purpose of the Gear Up proof the madrassas, Pakistan primarily. all over the world. gram, which our Congressional Black Large numbers came out. I yield to the gentleman from North Caucus colleague, the gentleman from What is a madrassa? A madrassa is a Carolina (Mr. WATT). Pennsylvania (Mr. FATTAH) introduced, name for a school, a religious school, (Mr. WATT asked and was given per- and the TRIO program, both of those and they were teaching there reading, mission to revise and extend his re- programs are designed to prepare low- writing, and the military, how to marks.) income and disadvantaged students for shoot, and how to hate. They recog- Mr. WATT. Mr. Speaker, I want to college. In other words, the President, nized that there was an unlimited sup- start by thanking the gentleman from through his budget, wants to eliminate ply of such youth. They cannot get a New York (Mr. OWENS) for reserving the very programs that would help decent meal at home; their parents are the 1 hour of time this evening for the close the achievement and opportunity happy to have them go off to the Congressional Black Caucus to make gaps in education. In fact, one out of madrassa and give them over to the preliminary comments on the Presi- every three programs that the Presi- madrassa for whatever they want them dent’s proposed budget. dent proposes to cut or eliminate in his to do, including military training, When the Congressional Black Cau- budget is in the Department of Edu- which later leads to them being a part cus met with President Bush on Janu- cation. So the President has not been

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.057 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H385 responsive at all to the CBC agenda in tirement benefits provided by Social I hope the President will work with that area. Security, the CBC is extremely inter- the Congressional Black Caucus to The second area we outlined to the ested in the details of this proposal. turn these priorities into realities. President was in the area of health Contrary to the President’s claims, Af- Mr. Speaker, the following is a sum- care, providing quality health care for rican Americans receive a higher rate mary of some of the draconian cuts every American. The President’s proof return than whites, due to their that the President has proposed in his posed budget slashes at least $45 billion heavier reliance on the full range of budget. from the Medicaid program, which pro- benefits offered by Social Security. BUSH ADMINISTRATION FY 2006 HOUSING vides health coverage to 50 million low- The CBC has made it clear to the BUDGET—CONTINUING THE ASSAULT ON THE income children, working families, sen- President that we are against any pro- MOST VULNERABLE iors, and others who would otherwise posal that would result in future ben- The Bush Administration’s FY 2006 Depart- be uninsured. The President’s proposed efit cuts or divert payroll taxes from ment of Housing and Urban Development cuts to Medicaid would have dev- the Social Security Trust Fund. Afri- (HUD) budget makes deep cuts to a wide range of housing programs that serve low-in- astating effects on the working poor can Americans are 8 percent of all re- come families, the elderly, and disabled per- and would have particularly dev- tired beneficiaries, 13 percent of sur- sons. Overall, the HUD budget is cut by 11.5 astating effects on African Americans. vivor beneficiaries, and 18 percent of percent. Critical housing and community de- According to Families USA, African all disability recipients. Social Secu- velopment programs (CDBG, Brownfields Americans are generally less likely to rity is the only source of retirement in- cleanup, and Empowerment Zones) are elimi- receive employer-based health care become for 40 percent of older Americans, nated and are consolidated into a new pro- cause African Americans are more and if those benefits were reduced, the gram in the Commerce Department, with an likely than whites to work in positions poverty rate for older African Ameri- overall funding cut of 35 percent. The biggest where health care benefits are not of- funding cuts are targeted at those programs cans would double almost overnight. that serve our most vulnerable citizens, as fered, work for companies, typically Social Security is one of the most ef- follows: small companies, that cannot afford to fective programs in the history of the THE POOR pay for employee health insurance, and United States and is essential to the CDBG: Transfers CDBG flexible block to be unable to afford health insurance livelihood of African Americans. grants to the Commerce Department, with a premiums when coverage is offered. We asked the President to ensure jus- 35 percent cut. This proposal would result in The third area we asked the Presi- tice for every American. The CBC sup- $1.16 billion less in funding for low-income dent to respond to was in the area of ports criminal and juvenile justice re- housing than last year. economic security, building wealth, form that focuses greater emphasis on Public Housing. Eliminates HOPE VI public and business employment. The African prevention and rehabilitation, reduces housing revitalization program, and rescinds the $143 million funded in FY05. Also cuts American unemployment rate is con- recidivism by successfully reinte- sistently more than double the average ongoing funding for public housing by $270 grating former inmates into society, million. The overall request is 30 percent national average. In inner cities, that and ends arbitrary mandatory min- lower in real terms than when the Bush Ad- number is even larger. Yet, the Presi- imum sentences. ministration took office. dent proposes cutting the budget for HOME Block Grants. Cuts HOME block b 2015 the Department of Labor by 4.4 per- grants by $66 million (a 4 percent cut). cent, including Workforce Investment We also strongly support preserving Section 8 vouchers. Purports to fully fund Act State grants. Further, while the affirmative action until all the effects voucher renewals. But, the budget promises African American homeownership rate of past and present discrimination have that legislation will be introduced later to been eliminated. renew the Administration block grant pro- is over 20 percentage points behind posal—to gut the targeting of funds to the that of white Americans, the President While the President’s budget does in- poorest families and the maintenance of af- proposes cutting funding for the De- clude $75 million for a prisoner reentry fordable voucher rent levels. partment of Housing and Urban Devel- initiative, much more rehabilitation AIDS Housing (HOPWA). Cuts HOPWA opment by almost $3.7 billion. needs to be done for prisoners while funding by $14 million (a 5 percent cut). We asked the President to address they are in prison. Lead Paint Abatement. Cuts funding for disparities in foreign policy, eradi- In addition, we are disappointed to lead paint abatement by $48 million (a 29 percent cut). cating poverty, hunger, and armed con- report that the President’s fiscal year flicts around the world, especially in budget proposes to cut funding for the THE DISABLED Africa and the Caribbean, which is a Justice Department’s civil rights divi- Cuts 50 percent from the Section 811 dis- sion even while we all know that more abled housing program (from $238 m. to $119 major component of the CBC’s agenda. m). Also eliminates the Federal role in fund- Unfortunately, the President’s budget enforcement is necessary. And despite ing construction of new housing for the dis- offered no solutions on how to that fact our election system does not abled. strengthen the economic stability and work properly, the President’s budget MINORITIES self-sufficiency of countries in the Afri- proposes to eliminate grants to States Fair Housing: Cuts the Fair Housing budget can Diaspora. for election reform. by 16 percent. The Caucus supports reducing the In summary, Mr. Speaker, the budget Minority Higher Education Institutions. Cuts heavy burden that debt has on many that the President sent to Congress Section 107 grants by 16 percent. Section 107 countries and reengaging with the yesterday reflects priorities and values grants fund Historically Black Colleges and United Nations, regional organizations, that are not in line with those held by Universities, Hispanic Serving Institutions, and countries throughout the world to the majority of American families or Community Development Work Study, and other related programs. help promote civil society, global by the Congressional Black Caucus. La Raza. Eliminates funding for the Na- health, fair trade, and peace. While we Today the President told reporters tional Council of La Raza for affordable applaud the President for his proposal that his budget sets priorities. He went housing activities and technical assistance to fund the global initiative to fight on to say, ‘‘Our priorities are winning (funded at $4.8 million in FY 2005). HIV/AIDS, we implore him to also pro- the war on terror, protecting our RURAL HOUSING vide financial assistance to end the homeland, and growing our economy.’’ Rural Housing Service. Cuts funding by 73 fighting in African countries that are I would say to the President that while percent for Section 515, the core RHS afford- engaged in civil war and in genocide. we fight the war on terror, America’s able housing program. Also eliminates the We asked the President to help ad- families also want to fight the war on Section 515 program’s authority to fund new dress retirement security for African poverty. While we protect our home- construction. HUD Rural Housing an Economic Develop- Americans and the disparities that land, we must also ensure that Amer- ment Program. Eliminates this $24 million exist there. During the last several ican families are able to buy affordable program, consolidating it with 17 other pro- weeks, President Bush has traveled the homes. While we must grow our econ- grams in the Commerce Dept. country, selling his Social Security re- omy, we must also provide retirement NATIVE AMERICAN HOUSING form proposal to the American people. security for American families in times Cuts funding for Native American housing Because African Americans rely heav- of economic downturn. These, Mr. block grants by $110 million, a 16 percent ily on the survivor disability and re- President, are America’s priorities. cut.

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.058 H08PT1 H386 CONGRESSIONAL RECORD — HOUSE February 8, 2005 Eliminates funding for the National Amer- school completion rates—83.7 percent Afri- 2. Ending racial and ethnic profiling; ican Indian Housing Council ($2.4 m. in FY can-Americans, 91.8 percent Whites; Bach- 3. Criminal and Juvenile Justice Reform, 05). elor Degree recipients—16.4 percent African- including greater emphasis on prevention Mr. OWENS. Mr. Speaker, I want to Americans, 31.7 percent Whites; Digital Di- and rehabilitation and ending arbitrary mandatory minimum sentences; thank the chairman of the Congres- vide—41.3 percent of African Americans are capable of accessing the Internet, 61.5 per- 4. Appointment of fair and impartial sional Black Caucus. cent of Whites. Judges; and Mr. Speaker, the following is a state- The CBC advocates Assuring Quality 5. Preserving Affirmative Action until all ment by the CBC chairman on the Bush Health Care for Every American. To do so, the effects of past and present discrimina- budget and the Congressional Black the CBC believes that health care must em- tion have been eliminated. Caucus’ core agenda. phasize universal access, affordability and Among the dramatic disparities the CBC prevention and should provide meaningful believes would be reduced by pursuing the CBC CHAIR CALLS BUSH BUDGET PROPOSAL coverage for prescription medications to above policies are the following: Practices of EXTREMELY DISAPPOINTING every American. Among the dramatic dis- the kind documented in Florida in 2000 and Bush Budget Blueprint Offers No Solutions parities the CBC believes would be reduced in Ohio in 2004, the latter in a 100+ page In- to End Disparities that Exist in Our Society by doing so include: vestigative Report issued by members of the Today, Congressman Mel Watt (D–NC), In December 2004, the American Journal of House Judiciary Committee in January 2005; Chairman of the Congressional Black Caucus Public Health reported that 886,000 more Af- and African-American men are 44 percent of (CBC), issued the following statement in re- rican Americans died between 1991 and 2000 all male inmates in State and Federal pris- sponse to President George Bush’s fiscal year than would have died had equal health care ons and jails (an estimated 12 percent of 2006 budget proposal: been available; while African-Americans black males) and African-American females ‘‘On first review of President Bush’s budget comprised 12 percent of the U.S. population are five times more likely than White fe- proposal, I find it extremely disappointing. in 2000, they represented 19.6 percent of the males to be incarcerated. Mr. Bush’s proposal recommends severe cuts uninsured and this disparity has grown since The CBC advocates RETIREMENT SECU- in education, food and nutrition programs, then; Black men experience twice the aver- RITY FOR ALL AMERICANS. The CBC sup- and literacy initiatives for youth and young age death rate from prostate cancer; in 2002, ports the following to each this objective: adults. the African-American AIDS diagnosis rate 1. Preserving Social Security as a safety ‘‘The proposed budget neglects suggestions was 11 times the White diagnosis rate (23 net for older Americans and guaranteeing offered by the Congressional Black Caucus times more for women and 9 times more for that Social Security benefits continue to be for ending disparities that exist between Af- men); African Americans are two times more paid; and 2. Making it possible for people of all in- rican Americans and White Americans in likely to have diabetes than Whites and four come levels to accumulate assets and save every aspect of life. The CBC gave the Presi- times more likely to see their diabetes for retirement as means of supplementing dent three distinct opportunities to respond progress to end-stage renal disease and four times more likely to have a stroke. their Social Security benefits. favorably to our Agenda: (1) during a meet- Among the realities the CBC believes the ing with the President on January 26th when The CBC advocates FOCUSING ON EM- PLOYMENT AND ECONOMIC SECURITY, above policies would help address are the fol- the CBC delivered our Agenda which outlined lowing: Social Security benefits are the only these disparities and offered ways to elimi- BUILDING WEALTH AND BUSINESS DE- VELOPMENT. The CBC supports: source of retirement income for 40 percent of nate the gap; (2) during the State of the older African Americans and without these Union address; and (3) in his budget proposal. 1. Eradicating employment discrimination and insuring the employment of a diverse benefits the poverty rate for African-Amer- Unfortunately, the President missed all ican seniors would more than double; and 28 three opportunities. This budget appears to workforce by employers in the private sector and in government (including staffs of Com- percent of African Americans receive income offer no real solutions for change and falls from assets upon retirement compared to 62 short of what the CBC hoped would be in- mittees and Members of Congress); 2. Protecting the rights and working condi- percent of White Americans and 32 percent of cluded in the document. African-American retirees receive income ‘‘In summary, Members of the CBC are ex- tions of all employees; 3. A living wage for all employees; from private pension plans compared to 45 tremely disappointed with the President’s 4. The advancement of African Americans percent of White-American retirees. budget proposal and will work with our col- into management, executive and director po- The CBC advocates INCREASING EQUITY leagues on the Hill for a budge that reflects sitions; IN FOREIGN POLICY. To do so, the CBC the values and concerns of all Americans: 5. Equal access to capital for individuals supports: education, health care, economic oppor- and businesses and the elimination of red- 1. Reaching the Millennium Goals for de- tunity, justice for all, retirement security lining and predatory lending practices; veloping countries; and foreign policy.’’ 6. Expanding affordable rental and owner- 2. Eradicating poverty, hunger and armed ship of housing; and conflicts in countries around the world, espe- The CBC advocates Closing the Achieve- 7. Aggressive minority business goals and cially in Africa and the Caribbean; ment and Opportunity Gaps in Education as participation in government and private con- 3. Reducing the heavy burden that debt has the most critical path to achieving our ob- tracting. on many countries; and jectives in all areas of our Agenda. To do so, Among the dramatic disparities the CBC 4. Reengaging with the United Nations, re- the CBC supports devoting more attention believes would be reduced by pursuing these gional organizations and countries through- and, where necessary, more resources to: policies are the following: Unemployment out the world to help promote civil society, 1. Early childhood nutrition, Head Start rates for African Americans are consistently global health, fair trade and peace and to and movement toward universal pre-school; almost double the rates for White Ameri- help combat terrorism and increase security 2. For children in school, student nutri- cans; the median weekly earnings of full- at home. tion, identifying and providing education time African-American workers is consist- Among the realities the CBC believes the and assistance appropriate to the needs of ently over $130 less than White workers who above policies would help address are the fol- each individual student to fulfill the promise are similarly educated and situated; the pov- lowing: Nearly 1.3 billion people around the of No Child Left Behind, dropout prevention, erty rate for African Americans is almost world live in poverty and do not have safe after-school programs, school modernization double the national poverty rate (24 percent drinking water; More than one-third of the and infrastructure and equipment enhance- vs. 12.5 percent) and more than triple (33 per- world’s children are malnourished; Within ment; cent vs. 9.8 percent) for children under the the last 10 years, approximately two million 3. Pell Grants, scholarships, loan assist- age of 18; home ownership for African Ameri- children have been killed in armed conflicts, ance and other specialized programs to en- cans is 48 percent compared to 72 percent for many after being forced to be child soldiers; able and provide incentives to more African- White Americans and African Americans are Many poor countries spend 30 percent–40 per- American students to obtain college, grad- more than two times more likely to be decent of their annual budgets (often more uate or professional degrees or otherwise re- nied a mortgage and more than two times than they spend on health and education ceive training and retraining to meet chang- more likely to receive sub-prime loans; and combined); and Horrific conditions can lead ing job needs; and minority-owned businesses receive only 57 individuals to become more disaffected and 4. Preserving and improving Historically cents of each dollar they would be expected susceptible to recruitment by terrorist orga- Black Colleges and Universities. to receive based on the percentage of ‘‘ready, nizations. The following are some of the dramatic willing and able’’ businesses that are minor- OTHER PRIORITY AREAS: There are disparities that the CBC believes would be ity owned. many areas in addition to the above in which reduced by the above priorities: In 2003, 39 The CBC advocates INSURING JUSTICE disparities continue to exist and on which percent of African American 4th grade stu- FOR ALL. To do so, the CBC supports: the CBC Action Agenda will also focus. Some dents could read at or above a basic reading 1. Guaranteeing equal access to the vote, of these areas include building stronger Afri- level compared to 74 percent of White 4th making sure that every vote is counted, ex- can-American families, improving the wel- grade students and 39 percent of African tension of the expiring provisions of the Vot- fare of children, increasing African-Amer- American 8th grade students performed at or ing Rights Act and reinstatement of voting ican political representation, reducing in- above a basic math level compared to 79 per- rights after criminal defendants have served equities and improving opportunities for Af- cent of White 8th grade students; High their sentences; rican Americans to advance in the military,

VerDate jul 14 2003 05:59 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.045 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H387 documenting and preserving African-Amer- war in Iraq and Social Security privat- 2,209 are in jail today. We need to be ican history by assuring that financing and ization, interest on all of that debt, ex- putting more money into prevention construction of the African-American Mu- tending the tax cuts and all of these and less money into prisons. And if we seum moves forward and eliminating waste, policies would put us down on this line put it into prevention, we will not need fraud, abuse and disparities in every area of government. below. the additional prisons. Mr. OWENS. I want to congratulate Mr. OWENS. Do those figures apply Mr. Speaker, I yield to the gentleman the gentleman on his observation to black males? from Virginia (Mr. SCOTT), a former there, because I have thumbed through Mr. SCOTT of Virginia. African gen- member of the Committee on the Budg- the budget documents, the introduc- erally. et. tions, and the administration is ap- If we put more money into preven- Mr. SCOTT of Virginia. Mr. Speaker, plauding itself for reducing the budget tion, we would not have to build those I think we need to put the budget into in half in 5 to 10 years. two new prisons as we have to today. perspective to see where we are with Mr. SCOTT of Virginia. The budget Mr. OWENS. I thank the gentleman the budget as we discuss the priorities. deficit. for his excellent presentation. This chart just shows where we are Mr. OWENS. The deficit in half. Mr. Speaker, how much time re- starting with the first Bush adminis- Great applause is being showered upon mains? tration ending with a $290 billion def- them when we should not have a deficit The SPEAKER pro tempore (Mr. icit. The 8 years of the Clinton admin- to begin with. CONAWAY). The gentleman from New istration, each year better than the Mr. SCOTT of Virginia. We should York (Mr. OWENS) has 31 minutes re- previous year, up to a $236 billion sur- have a surplus. And you will notice if maining. plus, with surpluses increasing as far we adopt these policies we will not Mr. OWENS. Mr. Speaker, I yield 4 as the eye could see. even come close. minutes to the gentlewoman from Cali- The first year of the Bush adminis- I mentioned Social Security. It is fornia (Ms. WATERS). tration we used up all of the surplus hard to take the Social Security plan Ms. WATERS. Mr. Speaker, I would and ended up just with the Social Secu- seriously because this green line shows like to thank the gentleman, my col- rity and Medicare surplus, and each that we will be able to pay full benefits league, the gentleman from New York year worse than the year before. This until 2042. If we adopt the President’s (Mr. OWENS) for yielding to me. year we expect a $427 billion deficit. plan to solve the problem, because Mr. Speaker, yesterday the President Last year we ended up with a $412 bil- after 2042 we will have a deficit, the released his budget blueprint for the lion deficit. When President Clinton President’s plan goes bankrupt 11 years 2006 fiscal year. While many of us are left office, we had expected a surplus of earlier. So if that is the solution to the still reviewing the document, one thing $400 billion, a swing of over $800 billion. problem, it is just very difficult to take is evident. The President proposes Dra- That is significant, Mr. Speaker, be- that very seriously. Furthermore, conian cuts to scores of programs cause if you look at what we get from there was not that much of a problem. which millions of people depend on in the individual income tax, everybody’s In fact, the Social Security shortfall order to protect the tax cuts which individual income tax, it is less than was about $3.7 trillion. If we do not only benefit a few Americans. $800 billion. That was the swing just in make the tax cuts permanent for the The President’s $2.57 trillion budget 1 year. top 1 percent, that is enough to just calls for freezing or cutting the funding Mr. OWENS. Would the gentleman about cover the entire shortfall. Mak- for nearly every domestic discretionary mind explaining the fact that every ing the tax cuts permanent, $11.6 tril- program except defense and homeland penny of the deficit costs us additional lion, is much more than the Social Se- security in the hopes of reducing the money because we pay interest on what curity shortfalls. budget deficit. However, this budget we borrow and that is another expendi- So when you talk about your prior- does virtually nothing to reduce the ture that is added to the budget? ities, there is a priority, tax cuts for deficit this year or any other year. In Mr. SCOTT of Virginia. When Presi- the top 1 percent first. Worry about So- fact, the President’s budget is calling dent Clinton left office it looked as cial Security second. I think we should for a deficit of $427 billion in 2005, a though we could pay off the national worry about Social Security first and record high, and $390 billion in 2006. debt by 2008 or 2009, which meant we then tax cuts second. And since the President fails to include would be paying out zero interest on If you look at the other kinds of pri- the cost of many of his top priorities in the national debt. We would be able to orities, look at the criminal justice this budget, which will cost at least $2 replace all the money in the trust priorities. I serve on the Committee on trillion, the deficit will likely be either funds by about 2012, 2014, somewhere in the Judiciary, and the gentleman from larger this year, next year and for there so there would be zero interest on North Carolina (Mr. WATT) mentioned many of the following years. the national debt paid to the trust some of the disparities in the criminal Mr. Speaker, as ranking Democratic funds. justice system. member of the Subcommittee on Hous- Right now, about 2009, interest na- There is a good part of the budget. ing and Community Opportunity of the tional debt is projected, instead around There is more money in residential House Committee on Financial Serv- zero, about $300 billion a year. At drug treatment and drug courts, but ices, I am extremely alarmed about the $30,000 apiece that is enough to hire 10 unfortunately it appears to be at the President’s decision to transfer com- million Americans, more than the total expense of other good programs in the munity development programs from number unemployed today. substance abuse area. There is more the Department of Housing and Urban Where are we going? This chart money for offender reentry, $5.6 million Development, that is HUD, to the De- shows, this red line is President Bush’s for a total of $15 million; but we have partment of Commerce. projection of cutting the deficit in half hundreds of thousands of prisoners Under the President’s misguided in 5 years. First of all, we just showed coming out of prison, so that is woe- plan, nearly all of the programs that that we started off with a surplus. We fully inadequate. But, unfortunately, comprise the Community Development ought to be replacing the surplus, not they are severe cuts, not only in edu- Fund, including the Community Devel- just cleaning up half the mess. So the cation but in prevention programs, like opment Block Grant, will be moved out discussion about whether or not you Safe and Drug Free Schools, Weed and of the HUD program and combined can cut the deficit in half in 5 years Seed and other prevention programs, with 17 other programs in the Com- really is out of place. the COPS program which will actually merce Department. This chart up here shows in 2002, reduce crime. Brownfields, section 108 loan guaran- after 2001 President Bush projected sur- There is more money for prisons, tees, and the Renewal Communities/ pluses in the hundreds of billions of building two new prisons. Unfortu- Empowerment Zone Program are all dollars, and now he is talking about nately, that only exacerbates the dis- slated to move to Commerce. cutting the deficit in half. This chart parities there are now. For every Once these programs are relocated to down here shows a more realistic pro- 100,000 whites in America, 366 are in the Commerce Department, the Presi- jection because it includes actually the jail today. But for every 100,000 blacks, dent proposes to fund the 18 combined

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.048 H08PT1 H388 CONGRESSIONAL RECORD — HOUSE February 8, 2005 programs at 35 percent less than they low- and moderate-income Americans thrust on the poor and the middle are receiving now. This will be dev- who will suffer. class, while the wealthy would reap the astating to my home city of Los Ange- These cuts would devastate local ef- benefit of tax cuts, which further take les and many other urban and rural forts in my city, in my county and in us down the slippery slope of debt and areas which depend on Community De- local communities throughout America deficit. velopment Fund programs to improve to provide housing, neighborhood im- It is based on more of the trickle- their communities. provements and public services to down economics that have never Mr. Speaker, cities, States, and com- youth, the disabled, battered and worked because the trickle always munity-based organizations through- abused spouses and the elderly. stops just short of those who need it out the country depend on Community These proposals are designed to deci- most. Let us have some trickle-up eco- Development Block Grant funds be- mate the CDBG program, to end it as nomics for a change, so that there cause they are extremely flexible. In we know it, not to improve the pro- would be shared burden and shared ben- fact, Community Development Block gram. They must be resisted. efits, if any. Grant funds can be used for housing re- May I close, Mr. Speaker, by saying, Further, the President’s budget does habilitation; new housing construction; it is outrageous that this so-called con- nothing to reduce the deficit. It keeps down payment assistance and other servative President has been spending and deepens our debt to China and help for first-time home buyers; lead- like a drunken sailor, and he has cre- other countries and defers payments on based paint detection and removal; the ated this situation that we are in with what we do today to our children and purchase of land and buildings; the this huge deficit; and now, after having grandchildren. They should not have construction or rehabilitation of public given cuts to the richest 1 percent in their future crippled by debts we can facilities such as shelters for people ex- America, he would try to fool the and must avoid in our time. periencing homelessness or victims of American people by saying he is going Try though the White House might, domestic violence; making buildings to cut back on programs or services they cannot seriously think they can accessible to the elderly and disabled; that are not needed. It is shameful and justify it by budget shell games and ‘‘public services’’ such as job training, it is unconscionable that he would bal- turning attention to certain past in- transportation, health care, and child ance the budget on the backs of the creases the President signed only after care, public services are capped at 15 most needy, on the backs of working having been made to do so, kicking and percent of a jurisdiction’s CDBG funds; families who are trying to get along. screaming all the way, by Democrats. capacity building for nonprofits; reha- This country must be organized to If left as it is, this budget would deal bilitating commercial or industrial deal with this issue, and I intend to be a serious blow to health. As in years buildings; and loans or grant to busi- very active in the effort to educate the past, no mention is made by the Sec- nesses. public about what this President is retary of the most serious issue facing Mr. Speaker, the Commerce Depart- doing. us in health care today, the inequality ment has no experience in community Mr. OWENS. Mr. Speaker, I thank and injustice of health care disparities, development programs, and it is likely the gentlewoman for her statement, especially in racial and ethnic minor- that programs like the Community De- and I might want to consider also, and ity populations. velopment Block Grant with targeting all of us should consider, the fact that Medicaid, which has been faced with provisions to focus on people with low in this area of Community Develop- increased demands due to the failed and moderate incomes would receive ment Block Grants, it is one of the economic policies of this administra- far less consideration from the Com- areas where great promises are being tion, takes a near fatal hit in the merce Department than other parts of made to faith-based organizations; and President’s budget. This is the bulwark the consolidated program. Thus, while I wonder if the movement of this proof health care in this country, and it the overall cut in community develop- gram from HUD into the Commerce De- needs to be strengthened, not weak- ment funds is about 35 percent, the partment is partially to facilitate a ened. cuts to the Community Development movement of grants into faith-based Further, the Centers for Disease Con- Block Grant would be even larger. organizations, without scrutiny, with- trol, on whom the protection of our The public may not know or under- out any peer review process and with health, the prevention of disease and stand the details of how the Commu- the maximum amount of favoritism. It the strength of our bioterrorism shield nity Development Block Grant funds is something we should bear in mind. depends, would see a severe cut, as are allocated to local community, but Mr. Speaker, I yield to the gentle- would programs that train doctors, every mayor, every county official, woman from the Virgin Islands (Mrs. nurses and other health providers. It every community development profes- CHRISTENSEN). cuts bioterrorism medical training and sional knows the indispensable role of Mrs. CHRISTENSEN. Mr. Speaker, I preparedness in hospitals, many of Community Development Block Grant thank the gentleman from New York whom cannot adequately meet their funds in funding housing, neighborhood (Mr. OWENS) for yielding to me and for everyday demands, not to mention improvements, and public services. his leadership. I look forward to work- surge in the case of an attack. ing with him and our other colleagues Rural health programs are slashed; b 2030 to propose a fix for the wrongs that are newborn sickle cell screening and In- The proposed cuts to the Community in the President’s budget with the dian health facilities construction Development Block Grant program will budget that the Congressional Black grants are eliminated; and there are leave a huge hole in the budgets of our Caucus will present a little later in even cuts to CDC’s HIV and AIDS, STD local governments, a hole they cannot this process. and TB budget at a time when our com- and will not be able to fill with their I have heard a lot of descriptions, Mr. munities continue to be plagued by own resources. Speaker, of the President’s budget, but these diseases. Just today, I read of a The net effect of cuts to the Commu- the word that keeps coming to my TB outbreak, a tuberculosis outbreak, nity Development Block Grant pro- mind is shameless. in northeastern South Carolina. gram will be a huge decrease in hous- It is a budget of misplaced priorities No ounce of prevention; with this ing and economic revitalization at the that will only serve to widen the dis- budget we will have to pay the full local level. When the public sees the parities that the Congressional Black pound of cure. programs and services that will have to Caucus and many other good Members Today, I shared a program with be eliminated if these cuts are enacted, of this and the other body have been former Speaker Newt Gingrich. I would they will be outraged, as they should working tirelessly to close, gaps that suggest that the President and the be. belie the values on which this country House leadership and Senate leadership Mr. Speaker, we cannot shoehorn $5.6 was founded and undermine our Na- speak with him on this. He gets it. billion in programs into a $3.71 billion tion’s promise. Here I am not quoting him verbatim, program without many people being First of all, the budget we have been but I am doing so accurately. He said hurt. Unfortunately, as is usually the sent is unfair. The burden of the def- that this country must raise the level case with this administration, it is icit, the war and homeland security is of health care of everyone, no matter

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.062 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H389 where they live, of all races and Ms. LEE. Mr. Speaker, first let me so, the devastatingly high rates of HIV ethnicities on a par with our white thank my colleague, the gentleman and AIDS in the African American population and continue to raise that from New York (Mr. OWENS), for orga- community, and Mr. Speaker, we ac- bar as well. He further went on to say nizing, really, this opportunity to edu- knowledge the President’s leadership that unless we do so and place more cate the public and the administration in calling on Congress to reauthorize emphasis on prevention, we will never and, of course, Congress with regard to the Ryan White CARE Act. During last contain the dramatic increases in the most pressing issues confronting week’s State of the Union speech, the health care spending or improve the our country as it relates to this budget, President indicated this, but again, I health of this Nation overall. especially as it relates to those who must say, looking at this budget, it of- This is the message that we in the have not benefited from the huge tax fers very little for our minority AIDS Congressional Black Caucus, together cuts. initiative. with our colleagues in the Hispanic Mr. Speaker, few traditions are more He proposes a $10 million increase in Caucus, Native American Caucus and significant in our democracy than the the Ryan White CARE Act, $10 million. Asian Pacific Island Caucus, as well as President’s annual submission of the This is far short of what is needed. We the Progressive Caucus, have been try- budget. It provides us really a window need at least $513 million more this ing to get across all along. I hope that on the President’s and the administra- year to keep people off of waiting lists hearing it from a Republican leader tion’s values and their priorities for and to prevent new infections. In short, can finally have that message break this term. It also sets the tone and the we need a budget that provides a min- through. standard for us in Congress by marking imum of about $2.6 billion if we are When the Congressional Black Cau- the spending levels for this year. really serious about addressing this cus met with President Bush a few Now, I quite frankly had to go back HIV and AIDS crisis here in America. weeks ago, we tried to impress upon and reread the President’s State of the A $10 million increase in the Ryan him the urgency of acting, not talking, Union speech, because I wanted to see White CARE Act really does not signal but acting with budget and programs, how consistent this budget was in the seriousness of this crisis. to close the gaps in health care that terms of what he presented to the Furthermore, we need more money weaken this country morally, economi- country in his State of the Union ad- for the minority AIDS initiative. Ever cally and in terms of our national secu- dress. So I would like to mention a since this President has been in office, rity. As we also told him, we tell our couple of those points tonight. we have flat-funded the minority AIDS colleagues: Every year that we fail to First of all, of course, in his State of initiative at $407 million. We need at live up to what is our moral obligation the Union message he said that one of least $610 million this year if the Presi- to do good, to heal, to feed and to the deepest values of our country is dent is really serious, again as he said clothe the least of these, as we have compassion. I think we have heard that in his State of the Union address, if he been called, we as a Congress, through tonight this President’s 2006 budget is serious about addressing the HIV/ our omission, are complicit in the pre- shows very little compassion. Instead AIDS pandemic in our communities. of sending us a budget for the Amer- mature, preventable deaths of close to b 2045 100,000 African Americans and other ican people, for the people, this Presi- people of color every year. dent has sent us a budget that really The budget does not reflect what the The submission of the President’s turns our back on the people and on President has said in terms of the seri- budget is only the beginning of a proc- their future. It sacrifices our children, ousness of this in our country. ess. It began wrong, but we can and our seniors, our security, our veterans, Also, in the State of the Union, the must make it right. All we are asking our environment and our economy in President devoted a large portion of his for is a budget that is fair, that is just order to advance special interests and speech to address Social Security. And and that finally brings about the equal- to make permanent tax cuts for the as he described it, Social Security is ity for all that our country has prom- wealthy. one of America’s most important insti- ised. In his State of the Union speech, the tutions, a symbol of trust, he said, be- Mr. Speaker, I thank the gentleman President also said over the next sev- tween the generations, and that it is for the time. eral months on issue after issue, let us headed towards bankruptcy. Well, even Mr. OWENS. Mr. Speaker, the gentle- do what Americans have always done if we discount the fact that the Presi- woman is sort of an expert in this area. and build a better world for our chil- dent simply is incorrect, and I believe What does my colleague think of the dren and our grandchildren. Well, let he is and many of us do, in his assess- fact that repeatedly the Republican me tell my colleagues, Mr. Speaker, ment about Social Security’s solvency, message has begun to bang away at the how does cutting $5 billion in housing, his budget for 2006 does not even in- fact they are going to provide more how does eliminating funding for Hope clude the cost of his estimated $1.3 tril- money for Community Health Centers? VI, how does cutting funding by 50 per- lion proposal for Social Security pri- I have several good Community Health cent for the disabled in terms of hous- vatization over the decade after its en- Centers in my district, but they are of- ing, how does this create a better world actment. This is a critical omission. fered as a substitute for any of the real for our children and for our grand- And the President said in his State of health care benefits financed by the children? the Union speech that a taxpayer dol- Federal Government. The assault on the poor in this budg- lar must be spent wisely or not at all. Mrs. CHRISTENSEN. Mr. Speaker, if et is appalling, and the cuts keep com- Well, let me just say parenthetically, I the gentleman would yield, with the ing. The President’s budget has cut believe not only should tax dollars be level funding, from Maternal and Child Community Development Block spent wisely but they should be spent Healthy Starts with cuts in many of Grants, has cut housing assistance for with compassion, as he talked about the prevention programs, with the people living with HIV and AIDS. It earlier, not or not at all. But in this elimination of funding for training the has cut the lead paint abatement pro- budget, these cuts that the President physicians, the doctors and nurses and gram. It cuts the fair housing program. has proposed are not even wise, let other health providers, from our com- It cuts rural housing initiatives. It alone compassionate. munities who have the cultural sensi- cuts Native American housing. It cuts Also, the President’s State of the tivity to deal with the diverse popu- the Youth Build program. It has elimi- Union speech was about freedom and lations that use the Community Health nated the empowerment zone and democracy; very grandiose statements Centers, there will be empty buildings. brownfield programs, and this is just he made. But I wondered when I was Mr. OWENS. Mr. Speaker, they are the tip of the iceberg. listening to him why justice, as a robbing Peter but not giving it all to Again, going back to the President’s value, why this was omitted really Paul. State of the Union speech, how does from these grand statements in the Mrs. CHRISTENSEN. Yes, exactly. this budget build a better world for our State of the Union. Well, quite frankly, Mr. OWENS. Mr. Speaker, I yield to children and for our grandchildren? after reading and reviewing this budg- the gentlewoman from California (Ms. Also in his State of the Union speech, et, I can see why. It explains why. Be- LEE). the President acknowledged, rightfully cause there is no justice in this budget.

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.064 H08PT1 H390 CONGRESSIONAL RECORD — HOUSE February 8, 2005 So, Mr. Speaker, I think we need to our seniors living in poverty were it Mr. Speaker, I now yield to the gen- go back to the drawing board, and we not for Social Security. Our disabled tlewoman from Texas (Ms. JACKSON- need to remind the President about his rely on Social Security. Our survivors LEE). State of the Union message. And I rely on Social Security, as a result of Ms. JACKSON-LEE of Texas. Mr. would say, as many have said before, Social Security benefits. This does not Speaker, I thank the gentleman for al- that we want not just a budget but a need to be dismantled or privatized. It lowing me the opportunity to have this just budget. is a program that provides a safety net. discussion with my colleagues on a Mr. OWENS. Mr. Speaker, I thank Ms. CORRINE BROWN of Florida. very important journey, road map, de- the gentlewoman for her comments, Mr. Speaker, my chief of staff and I bate that will take place both in the and I would like to go back to my in- were talking today about the program. House and the Senate. troduction where I said that the budget He is a young man in his 40s, but his fa- Mr. Speaker, I would like to have is a statement of the morality of Amer- ther died when he was a young man, been able to come to the floor and ica. What our moral position is is stat- and he was able to get that benefit that begin a discussion on the bipartisan ef- ed in the budget. The beautiful rhetoric took care of him until he went to col- forts to pass a budget that would im- of the inaugural address, the beautiful lege. That is a benefit of the Social Se- pact the American people in a positive rhetoric of the State of the Union ad- curity program. So it helps those peo- way, but I think it is important to reit- dress, they must be followed up with ple that have parents who die, and it erate why we are standing here today. concrete statements of how we spend also helps the disabled; is that correct? It is not because we want to cite the our money. That is not the case. We Ms. LEE. That is correct. And I know failings of the administration, but be- spend our money quite differently from many individuals who are disabled who cause we are concerned about the nega- the high standard that was set in the would have a very dismal life had it tive impact that this budget will have President’s inaugural address and in not been for Social Security. Young on millions and millions of Americans. his State of the Union address. people who are disabled are able to re- Let me refresh your memory, Mr. Mr. Speaker, I yield now to the gen- ceive Social Security. It ensures a Speaker. We are going to be cutting in tlewoman from Florida (Ms. CORRINE quality of life for those who, for what- the President’s budget, which will be BROWN). ever reason, have not been able to debated now on the floor of the House, Ms. CORRINE BROWN of Florida. move forward. I do not want to see this $60 billion for Medicaid. That is not $6 Mr. Speaker, I thank the gentleman for touched for the disabled or for young billion, not $16 billion; but it is $60 bil- yielding to me. I have a couple of ques- people whose parents have died or for lion which includes those dollars for tions for the gentlewoman from Cali- our senior citizens. nursing home residents, those dollars Mr. OWENS. Mr. Speaker, I thank fornia (Ms. LEE) and for the chairman, for indigent mothers and their chil- the gentlewoman. but before that we have had several dren, those dollars that cover the Chil- Ms. CORRINE BROWN of Florida. I discussions about the budget and what dren’s Health Insurance Program that thank the gentleman for this discus- the budget reflects. sion tonight. many States are already suffering be- Mr. Speaker, when you are in a group Mr. OWENS. Mr. Speaker, I want to cause there is not enough money. or organization, or in the church, you point out that among the programs We will see a cut of 43 programs in can tell something about the people as eliminated, and I will submit a list of education up to $1.3 billion. That to how they spend their money. It is programs proposed for elimination in means that the extra burden on school clear that this Bush administration the education area, but among those districts will now accelerate. And those does not value the people that are pay- programs are the Arts in Education schools that are looking for additional ing the bills. They do not value the program; Community Technology Cen- funds for the increased population, it people that are paying the bills. All ters, designed to close the digital gap will not be there. you have to do is follow the dollars. between the poorer communities and Veterans, the very people who have Every single domestic program is cut the middle-class communities; the fought in Iraq and Afghanistan, now under this administration. Javitz Gifted and Talented Education will find their care cut by $1.2 billion My question has to go back to start- program, a tiny program, but many over 5 years. And we note that that ing with Social Security. My question, people complain there is nothing for House committee has been reconfig- one, pertains to the Social Security the gifted, and so we need that. Re- ured and therefore we do not have the program that we just celebrated a few gional Education Laboratories, which kind of advocacy we look for. years ago, how many years it has been have existed for a long time, are going Environmental Protection Agency, in existence, the most successful pro- to be phased out. Safe and Drug-Free $300 million. Department of Justice, gram in the history of this country. I Schools and Communities State the DNA labs the President spoke guess I am the only Member that re- Grants, a program popular all across about, $1.1 billion. members that the Republicans said the Nation, which is proposed for elimi- Let me say this: I applaud the com- that they want to see the program nation. TRIO Talent Search; TRIO Up- munity health clinics that will have a wither on the vine. ward Bound program. The Vocational positive impact on Houston, and Texas Would my colleague, the gentleman Education State Grants. in general, and many other cities the from New York (Mr. OWENS), explain Drastic reductions are proposed in President has proposed. I applaud the how old the program is and why it was order to save money, as I said before. dollars for Homeland Security. But, started in the first place. In order to save money to give more to Mr. Speaker, we cannot in this budget Mr. OWENS. Well, Mr. Speaker, I the military, we are going to guarantee pay for the needs of the American peo- would tell the gentlewoman that it is the security of the Nation by wiping ple by making the tax cuts permanent more than 60 years old. And if I had a out the programs that are the most and taking $1.5 trillion to $2 trillion to glass of wine here, I would drink a beneficial for the development of our change the Social Security System to a toast to it. Let us drink a toast to an own population. The greatest resource private special account. aging lady in her 60s. That is really the that any nation can have is its own I close by saying this to those who prime these days. The most beautiful people, the people’s development, the are listening to this debate: get en- program that ever was developed, So- people’s talent, the people’s education. gaged. Mr. Speaker, I thank the gen- cial Security. It does not need an ex- And we are turning our backs on that tleman from New York and ask my col- treme makeover. It may need a few rein this budget, which is a bad moral leagues to be a part of this debate. This pairs here and there, but it does not statement in comparison with what the budget can be changed. Social Security need the kind of demolition that the President has said in his rhetoric in can be saved. And for those who think President is planning for Social Secu- the inaugural address and in the State that the private account is worthy, rity, the greatest program we have of the Union address. spend for 40 years $1,000, to the young ever had. And we should all work and The budget is a concrete statement. people who might be listening; have in- fight together to keep it. It is evidence of just how moral we are, vested $99,000; give back to the United Ms. LEE. Mr. Speaker, I might add and this budget falls short in many States $79,000, and only receive $21,000 that we would have 50 percent more of ways. for your annuity.

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.066 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H391 This budget must be changed. It Program Terminations—Continued When President Bush submitted his 2006 must be a budget that is invested to Ready to Teach ...... 14.3 budget to Congress on Monday he said, ‘‘The help the American people. I thank the Recreational Programs ...... 2.5 taxpayers of America don’t want us spending Speaker, and I look forward to the de- Regional Educational Labora- our money into something that’s not achieving bate. I also thank the distinguished tories ...... 66.1 results.’’ I couldn’t agree more. The unneces- gentleman from New York and my col- Safe and Drug-Free Schools and sary tax cuts for the rich and an optional war Communities State Grant ...... 437.4 leagues who have been on the floor for Schooll Dropout Prevention ...... 4.9 with Iraq are not producing results. their participation in this very worthy School Leadership ...... 14.9 The President’s 2006 budget request debate. Smaller Learning Communities .. 94.5 slashes social programs while increasing mili- Mr. OWENS. Mr. Speaker, I submit Star Schools ...... 20.8 tary spending. Yet not a single dime of his FY herewith the list of programs slated for State Grants for Incarcerated 2006 budget is earmarked for Iraq. Instead, elimination, which I referred to earlier: Youth Offenders ...... 21.8 those costs are hidden from the American Support Employment State people in the form of an $80 billion emergency III. PROGRAMS PROPOSED FOR ELIMINATION Grants ...... 37.4 supplemental request to Congress. This budg- The 2006 request continues the practice of Teacher Quality Enhancement .... 68.3 et will severely impact Texas citizens nega- the Bush Administration—also consistent Tech-Prep Demonstration ...... 4.9 with previous administrations over the past Tech-Prep Education State tively, as well as other American citizens. 25 years—of proposing to eliminate or con- Grants ...... 105.8 They deserve better. solidate funding for programs that have Thurgood Marshall Legal Edu- Mr. Speaker, never before has America achieved their original purpose, that dupli- cational Opportunity Program 3.0 faced such an array of issues that demand cate other programs, that may be carried out TRIO Talent Search ...... 144.9 creative, competent leadership. But the Ad- with flexible State formula grant funds, or TRIO Upward Bound ...... 312.6 ministration has pursued solutions that serve that involve activities that are better or Underground Railroad Program .. 2.2 only to escalate the problems we are facing. more appropriately supported through State, Vocational Education National Programs and policies that not only provide local, or private resources. In addition. the Programs ...... 11.8 Vocational Education State assistance for the poor but for a large portion government-wide Program Assessment Rat- of the American people who need help to ing Tool, or PART, helps focus funding of Grants ...... 1,194.3 Department of Education programs that gen- Women’s Educational Equity ...... 3.0 keep their heads above water are under at- erate positive results for students and that tack. On the cutting block by this Administra- meet strong accountability standards. For Total ...... 4,264.4 tion are grants for college tuition; housing as- 2006, PART findings were used to redirect Program Descriptions sistance under Section 8; food stamps; health funds from ineffective programs to more ef- [Figures reflect 2005 BA in millions] care for the uninsured. fective activities, as well as to identify re- Eight million Americans are unemployed. forms to help address programs weaknesses. Alcohol Abuse Reduction ...... $32.7 Supports programs to reduce al- But Republicans passed a new set of tax The following table shows the programs breaks that reward corporations who send proposed for elimination in the President’s cohol abuse in secondary schools. These programs may jobs overseas. About 45 million Americans 2006 budget request. Termination of these 48 have no health insurance. But Republicans programs frees up almost $4.3 billion—based be funded through other Safe on 2005 levels—for reallocation to more effec- and Drug-Free Schools and have proposed Health Savings Accounts that tive, higher-priority activities. Following Communities National Pro- benefit a wealthy few, encourage employers to the table is a brief summary of each program grams and State Grants for drop insurance coverage and will increase the and the rationale for its elimination. Innovative Programs. number of uninsured by 350,000. Over 8 mil- Arts in Education ...... $35.6 lion children nationwide are struggling to meet Program Terminations Makes non-competitive awards to new national education standards. But Repub- [2005 BA in millions] VSA arts and the John F. Kennedy Center for the Per- licans refused to provide promised help to our Alcohol Abuse Reduction ...... $32.7 schools, leaving millions of children without Arts in Education ...... 35.6 forming Arts as well as competitive awards for national the help they need in reading and math. B.J. Stupa Olympic Scholarships 1.0 America needs a national security policy Byrd Honors Scholarship ...... 40.7 demonstrations and Federal Civic Education ...... 29.4 leadership activities to en- that is as strong and brave and as decent as Close Up Fellowships ...... 1.5 courage the integration of the the heroes who serve in uniform. We must Community Technology Centers 5.0 arts into the school cur- make sure that they have the training and Comprehensive School Reform .... 205.3 riculum. Eliminating funding equipment they need to get the job done right. Demonstration Projects for Stu- for the program is consistent Democrats are working to build a future that dents with Disabilities ...... 6.9 with Administration policy of is worthy of the trust of the American people, Educational Technology State terminating small categorical the sacrifices of our men and women in uni- Grants ...... 496.0 programs with limited impact in order to fund higher prior- form, and the aspirations of all of America’s Elementary and Secondary children. School Counseling ...... 34.7 ities. Arts education pro- Even Start ...... 225.1 grams may be funded under f Excellence in Economic Edu- other authorities. GENERAL LEAVE cation ...... 1.5 B.J. Stupak Olympic Scholar- Exchanges with Historic Whaling ships ...... $1.0 Mr. OWENS. Mr. Speaker, I ask and Trading Partners ...... 8.6 Provides financial assistance to unanimous consent that all Members Federal Perkins Loan Cancella- athletes who are training at may have 5 legislative days within tions ...... 66.1 the United States Olympic which to revise and extend their re- Foreign Language Assistance ...... 17.9 Education Center or one of marks and include extraneous material Foundations for Learning ...... 1.0 the United States Olympic on the subject of my Special Order. Gaining Early Awareness and Training Centers and who are The SPEAKER pro tempore (Mr. Readiness for Undergraduate pursuing a postsecondary edu- CONAWAY). Is there objection to the re- Programs ...... 306.5 cation. Athletes can receive Interest Subsidy Grants ...... 1.5 grant, work-study, and loan quest of the gentleman from New Javits Gifted and Talented Edu- assistance through the De- York? cation ...... 11.0 partment’s postsecondary There was no objection. Leveraging Educational Assist- student aid programs. Rated f ance Partnerships ...... 65.6 Results Not Demonstrated by Literacy Programs for Prisoners 5.0 the PART due to lack of per- PRESIDENT’S BUDGET Menal Health Integration in formance data and program The SPEAKER pro tempore. Under School ...... 5.0 design deficiencies, including the Speaker’s announced policy of Jan- Migrant and Seasonal Farm- its duplication of other Fed- uary 4, 2005, the gentlewoman from workers ...... 2.3 eral student aid programs. Tennessee (Mrs. BLACKBURN) is recog- National Writing Project ...... 20.3 Ms. EDDIE BERNICE JOHNSON of Texas. Occupational and Employment nized for 60 minutes as the designee of Information ...... 9.3 Mr. Speaker, I rise today to vehemently state the majority leader. Parental Informational and Re- my disappointment, frustration, and objection Mrs. BLACKBURN. Mr. Speaker, it is sources Centers ...... 41.9 to the FY 2006 budget submitted by President certainly a privilege to stand here to- Projects with Industry ...... 21.6 Bush. night and to talk with my colleagues

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.068 H08PT1 H392 CONGRESSIONAL RECORD — HOUSE February 8, 2005 and discuss what we have going on with think this is the right thing to do and So what our President is saying is, the President’s budget that has been now is the right time to do it. all right, folks, let us look at 150 of submitted, and also with the desire of Listening to my colleagues speak to- these, the really egregious examples of the President and of our leadership to night, one would begin to think that waste, and let us find some savings. begin to get their hands around the demanding results, demanding positive Let us start to whittle away and find spending issue and to address the outcomes of government programs is a what works and what does not work. spending issue. negative. But I hear from constituents Let us look at the programs that have Mr. Speaker, one of the things I hear and Tennesseans every single day that outlived their purpose, their useful- regularly from my constituents in Ten- say let us demand results. Let us be ness, let us find the things that are du- nessee is it is time to stop spending so certain that programs are producing plicative, let us find the things that much of the taxpayers’ money. And one the right outcomes that we expect have turned out to be failures and are of the things that people in my district from them. That is a positive, not a not producing the outcomes that we constantly remind me of, and a mes- negative; and the American people are want and have not yielded an accept- sage they want me to bring to Wash- ready to see that kind of accountable return for the investment of tax- ington is: it is not the government’s ability. Why, Mr. Speaker? Because it payer dollars that have gone into those money. The government is not creating is their money. It is their money that programs. a product; the government is not sell- they have earned that is coming into There is not a single thing radical ing a product. It is the taxpayers’ the government coffers and is being here. As I said earlier, it is common money, and they want accountability spent on programs that are to benefit sense, it is fiscal responsibility and the with that money. the American people. Republicans are committed to it. Why Unfortunately, Mr. Speaker, this I would like for every American to should an agency have its budget auto- morning I think that the taxpayers know that President Bush and this Re- matically increased year after year? across this country woke to the kickoff publican Congress are not content to Most people do not get automatic in- of a national scare campaign, and it is sit idly by while even a penny of tax- creases every year. Ask a lot of the aimed squarely at the President’s payer dollars is wasted, and let me tell folks working in my district. It is not budget and at this Congress’ efforts to Members there is significantly more a given that they are going to get a eliminate waste, fraud, and abuse in than a penny of waste that we can tar- raise every single year, so why should government. Listen to some of these get in this budget. an underperforming Federal Depart- headlines that we found in the news- I am proud of the leadership of this ment get a budget boost every 12 papers out there. House, the Senate, and the President months? This one from Illinois: ‘‘Bush Budget and his team for saying we are going to For too long in Washington, a Fed- Includes Steep Cuts.’’ In Tennessee a roll the spending back. I agree with eral spending increase has been a cer- paper said: ‘‘Bush Budget Axes Scores them. We can save America one dollar tain thing. It has been as certain as the of Programs.’’ In Oregon, news sources at a time, and that is what we are sun rises and that it is going to set in said: ‘‘Domestic Programs Sacrificed in going to do. We are going to take these the evening. It is time to reform that the Budget.’’ And in California, news- first steps and put it on the road, sav- process. papers declared: ‘‘The President’s ing America one dollar at a time. Here are some great examples of Budget Proposal Cuts Vital Funds For What those headlines should be say- things that we need to get behind: the Safety Net.’’ ing is this: President Bush and the Re- Forest Service. They could not figure Now, all of this is coming about, Mr. publican Congress believe taxpayer dol- out for what purpose it spent $215 mil- Speaker, because finally, finally this lars ought to be spent wisely or not lion out of its $3.4 billion operating Congress and this President are an- spent at all. Sounds like something budget in fiscal year 1995. They could swering a need and a desire the Amer- ours grandmothers probably told us. If not figure it out. They did not know ican people have, and that is to reform you are going to do it, do it right. If what they spent $215 million on. government, to reduce the amount of you are going to do it, do it right the Has anyone mentioned that since 1992 money that we are spending, and for us first time. If you are going to make the Rural Utility Services Electricity to come up with a 21st-century delivery some money, save it. If you are going Loan Program has canceled $4.9 billion of government services that is more ef- to spend it, spend it wisely or do not in debt? That essentially means it fective and more efficient, that is spend it. In Tennessee we call that loaned $4.9 billion of taxpayer money going to meet the needs of government, good old common sense. It makes and then said do not worry about pay- that is going to avail itself of new tech- sense, but I guess that is why a lot of ing us back. CEOs go to prison for nologies, and that is going to be fair to the liberals do not like it, because it is things like that. the taxpayer. good old common sense. Did Members know that the State That is what they want. They want That is what this is all about. It is Children’s Health Insurance Program, to be certain that we, the Members of about our firm belief that the Amer- the SCHIP program, is currently insur- the U.S. House, are going to be good ican people work far too hard and far ing childless adults in two States at a stewards of the tax dollars that they too long to have half their earnings cost to taxpayers of at least $330 mil- send here. Because they want to see a taken in taxes and then squandered by lion? The program, a good program, system that is more fair to the tax- the government. Taxes, that is the sin- was created to provide health insur- payers, to the working men and women gle largest part of a family budget. ance to uninsured children, not unin- that every single day get up and leave They spend more on taxes than they do sured adults. their homes and go to work; and who, for food, for education, or for transpor- This is not an isolated problem. We with every single paycheck, look at tation. Taxes, and it is an imperative have other examples, and it is not a that paycheck and look at the amount that we be good stewards of that rare thing that programs waste tax- of money that is withheld from that money, that we be accountable for that payer money. In fact, the Committee paycheck to do, what? To fund govern- money, and that we look for every sin- on Government Reform where I served ment services. gle possible opportunity to save and last Congress found that the Office of manage wisely those taxpayer dollars. Personnel and Management’s Inspector b 2100 Mr. Speaker, according to the Con- General recovers $12 in fraudulent Mr. Speaker, since when did elimi- gressional Research Service, there are spending for every $1 spent by its of- nating waste, fraud, and abuse in gov- approximately 1,200 Federal Govern- fice. That is just the tip of the iceberg. ernment become a bad thing? And to ment programs, and I hope Members The Veterans Administration, we listen to some of my colleagues here on heard me say approximately because know there are $3 billion in out- the floor this evening, one would begin that is exactly what I meant to say. standing loans and that processing er- to think that trying to eliminate There are so many programs out there, rors and program fraud account for $125 waste, fraud, and abuse in the Federal we do not even know how many pro- million annually in VA pension over- Government is a bad thing. But my grams we have. We know we have ap- payments. These overpayments com- constituents and millions of Americans proximately 1,200 programs. prise about 4 percent of the $2.9 billion

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.069 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H393 in total pension benefits that the VA omy as a whole. We heard those pre- sional offices with Americans giving us paid out in fiscal year 2001. dictions, those same dire predictions examples of the way they know we can Mr. Speaker, given this information, last year, and what has happened? As a save money. My constituents instinc- how can we not work to reduce spend- matter of fact, what has happened is tively know that this Federal Govern- ing and insert accountability? How can exactly what we on the Republican side ment is so big, so large, so unmanage- we not say to these agencies no more of the aisle predicted: healthy growth able that there have got to be ways funding increases until you prove you in our economy, the gross domestic that we can effect savings. can handle what you have already got? product of a sustained rate of now 4 So I look forward to this Special Mr. Speaker, I am delighted to have percent continuing on now for several Order tonight. We have got, I guess, an expert on some of these issues join months, and the unemployment rate around 40 or 45 more minutes. I intend us this evening here on the floor. The falling. Job creation is at a record high to stick around, Mr. Speaker, and if gentleman from Mississippi (Mr. WICK- in the United States of America, and I the gentlewoman from Tennessee will ER) is out of Mississippi’s first district am proud of that. It has come in spite recognize me again, we might be able and he is a part of the Republican lead- of the dire warnings we had from our to cite some very specific examples ership here in Congress. He does a won- friends on the left who predicted last that I think she might find interesting derful job for the people of Mississippi year when we tried to hold the line on about ways in which we believe that we and does a wonderful job for our leader- budgeting that we would have all sorts can begin to look for additional savings ship. He is a deputy majority whip, a of dire consequences for the American for the American people. member of the Committee on Appro- people. I thank the gentlewoman for yielding priations; and he knows a lot about our One argument that was made pre- to me. budget and what we can do to work on viously that cannot go unchallenged is Mrs. BLACKBURN. Mr. Speaker, re- being more accountable in our govern- this argument about the term ‘‘with- claiming my time, I appreciate the ment budget system. ering on the vine.’’ I think some people gentleman’s comments so very much, Mr. WICKER. Mr. Speaker, I thank in this town believe if you say some- and I appreciate his insights and his the gentlewoman from Tennessee (Mrs. thing often enough, it will take on wisdom that he brings to the discus- BLACKBURN) for that kind word of in- truth. As a matter of fact, no Rep- sion. troduction. resentative on this side of the aisle has And he is exactly right. Government I have to observe what a refreshing ever advocated Social Security with- can do better, and it is our responsi- contrast we have seen tonight between ering on the vine. It is just factually bility to challenge government to do the gentlewoman from Tennessee (Mrs. inaccurate to say such a thing. We better, to challenge our systems of ac- BLACKBURN) and those who occupied were actually accused of saying that counting, to challenge our systems the previous hour of Special Orders on not with regard to Social Security but that we are using to track the agencies this floor tonight because of the great with regard to Medicare, and it was not and the outcomes that are there. Ev- difference in the philosophy of govern- true about Medicare. erything is funded by the taxpayer’s ment evidenced by all of the speakers What a Speaker of the House at one dollar, and we do want to invite the tonight. time said should wither on the vine is American people and our constituents The gentlewoman from Tennessee this HCFA program which we have now to join us and be a part of this team as (Mrs. BLACKBURN) has outlined a con- renamed CMA that could command and we look for ways to root out waste, servative philosophy of efficiency with control a health care system where fraud, and abuse in our system. We the taxpayer dollars, not taking the government tries to manage each and want to be certain that for future gen- first answer at face value but looking every aspect of it. That is what he said erations, for my children, for my for savings wherever we can find them should wither on the vine so Americans grandchildren, that this is a healthy, because that is what the taxpayers ex- could have more choices about the way vibrant nation where hope and oppor- pect us to do. they get their health care. tunity continue to live and continue to What we witnessed in the previous Mr. Speaker, I am going to challenge be realized by every American man, hour was an example of what we hear every time I can this allegation that woman, and child who seeks to find from our liberal Democrat friends year Republicans wanted either Social Secu- that American Dream. after year. I had to think as I was lis- rity or Medicare to wither on the vine; And I agree with the gentleman from tening to them that these are the same it did not. Mississippi (Mr. WICKER) that all too arguments that we hear over and over I want to applaud the President and often some of the liberal elites, those again from the other side of the aisle. my colleagues for saying tonight that that are government elitists, their an- They say we are not spending enough. we believe government can do better. swer to everything is, just give us a lit- Regardless of the fact that Federal We know there is waste and fraud and tle more money and we can make it spending almost always increases, it is abuse in government spending. right. And we know that does not never high enough for our friends on work. Higher taxes do not yield greater the Democrat side of the aisle. They al- b 2115 outcomes. What yields greater out- ways, always want to spend even more. And every single penny that is wast- comes is finding ways to do things bet- Whatever tax level the President and ed, every single penny that is subject ter, constantly challenging ourselves the Republicans propose, the Demo- to fraud is money that could go to pro- to do things better, constantly working crats always want to tax more. They grams that actually do benefit Ameri- to find ways to root out that waste, want to raise taxes on the American cans. And it is money that could go to fraud, and abuse that have become so people. However high taxes might be, tax reduction. It is money that could rampant in our governmental entities. we can always count on our friends to go to deficit reduction. Mr. Speaker, we are joined tonight make the argument year in and year So central to the President’s budget by the gentleman from Texas (Mr. out that they want tax rates to be that he submitted to us this week is HENSARLING), who joined me in our higher. They may shed crocodile tears the fact that the President and Repub- freshman class in the 108th Congress, about deficits, but their solution to licans in Congress are dedicated to pro- and he has been a leader in the effort deficits is always higher taxes, always viding stronger financial management to target waste, fraud, and abuse in the higher taxation, and their solution to and oversight for Federal programs. Federal system. He has done a tremen- deficits is never ever to find a way to This should not be controversial. It dous amount of work on this issue. He make savings for the American people. ought to be a common-sense, bipar- has made it his cause and his chal- Their arguments are always the tisan approach to Federal spending, lenge. He is a member of the Com- same, and I must admit more often and we invite all Americans to help us. mittee on the Budget and lends to that than not their predictions are off the I hope that Americans will be con- committee much of his expertise on mark too, Mr. Speaker, their pre- tacting Members of this Special Order how we can go about creating a better dictions about how the President’s after tonight’s Special Order, Mr. budget process and strengthening our budget will affect the poor, the dis- Speaker, and I hope that the phones government and strengthening our advantaged, the unemployed, the econ- will be ringing off the walls in congres- freedom for future generations.

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.070 H08PT1 H394 CONGRESSIONAL RECORD — HOUSE February 8, 2005 Mr. Speaker, I yield to the gentleman ago, its level of spending, if we just And, Mr. Speaker, let me talk a little from Texas (Mr. HENSARLING) for his wanted to keep that same government, bit about duplication. We have over 342 thoughts. we would have grown at the rate of indifferent Federal economic develop- Mr. HENSARLING. Mr. Speaker, I flation. Instead, we have done almost ment programs, 342 at last count. That thank the gentlewoman for yielding to twice that. is probably 342 different executive dime. And I certainly want to recognize And perhaps more importantly, Mr. rectors and deputy directors. How her for her great leadership in the Speaker, the government budget has many different Federal economic de- United States Congress in helping root grown almost three times faster than velopment programs do we need? And, out waste and fraud and abuse. Her the family budget over this same time by the way, a very good question that work on the Committee on Govern- period as measured by median worker needs to be asked is, what does the ment Reform is known throughout the income. Federal Government know about eco- United States Congress. She has been a I have a hard time believing and my nomic development anyway? champion to make sure that there is constituents in the Fifth District of The Federal Government, at last accountability for taxpayer dollars so Texas have a hard time believing, why, count, administers 50 different pro- that we do something in this institu- with the exception of a national emer- grams to aid the homeless, 50 different tion to protect the family budget from gency, does the Federal Government programs spread across eight different the Federal budget, and I appreciate budget have to grow so much faster Federal agencies. Four agencies admin- her leadership. than the family budget? And guess ister 23 programs offering housing. Six And I also appreciate the leadership what? They are related. agencies administer 26 programs offer- of the gentleman from Mississippi, who That money is coming from some- ing food and nutrition. Three agencies spoke earlier. I had the pleasure to where. It is coming out of the family and ten programs attempt to protect serve on the Committee on the Budget budget, and it is going into the Federal homelessness. Three different agencies, with him, and he has been a champion budget. 17 different programs provide mental of less government and more freedom What we call mandatory spending health treatment. And, Mr. Speaker, on that particular committee. now amounts to 11 percent of our econ- this is a very important cause. We need Mr. Speaker, I especially tonight omy for the first time in the history of to make sure that something is done want to thank our President. There is America. What we call discretionary about the homeless in our society. But no doubt in my mind why our Presi- spending in this body is now approxi- how many different programs do we dent was reelected. He is a man of vi- mately 7 percent of our economy for need trying to do the same, exact sion and a man of bold leadership. It is the first time in a decade. We are thing? It just speaks out for some kind under his leadership that we are going spending over $20,000 for American of consolidation. to be able to not only strengthen So- households for only the fourth time in Drug control, we have more than 50 cial Security for my parents, who are the entire history of the United States Federal agencies responsible for wag- in their 70s, but save it for my children of America and for the first time since ing the war on drugs. Early childhood who are both in diapers and know a World War II. development, we have more than 90 dif- whole lot more about Big Bird and Bar- It would be wonderful, Mr. Speaker, ferent programs spread across 11 dif- ney than they do about Social Secu- if all of this money that we were spend- ferent agencies. Job training, seven rity. ing somehow magically turned into agencies and 40 different programs. Mr. And I appreciate the President’s lead- love and happiness and kindness. Un- Speaker, the list goes on and on and ership on this budget because the only fortunately, all too often it does not. on, and that is just talking about du- way that we are going to be able to We have thousands and thousands and plication. save Social Security for future genera- thousands of Federal programs spread Some of the fraud that goes on that tions is to do something to rein in the across hundreds and hundreds of agen- I believe our constituents would be growth of the Federal Government, to cies. I defy anybody in this town to be shocked to find out, in the last year of root out that waste and that fraud and able to tell me, what do they all do? the Clinton administration, the De- that abuse and duplication that we And the examples we have of the waste partment of Housing and Urban Devel- know permeates every single nook and and the fraud and the abuse and dupli- opment just lost 10 percent of their cranny of the Federal Government. cation are just profound. We read about budget, roughly $3 billion lost in im- For years and years, decades and dec- it in our local newspaper every day. proper payments. I mean, can one ades, Washington has squandered It was not that long ago that we imagine for $3 billion how many Ameri- money out of the Social Security trust picked up our newspaper to find out cans could have paid the down payment fund. It is time for Washington to put that our Federal Government with our on their first home? Instead, govern- it back. And the way that Washington money spent $800,000 for an outhouse in ment just squandered the money. puts it back is to rein in the growth of one public park and the toilet did not Why does this happen? It happens be- government. even flush. The only thing it flushed cause government does not do anything I have listened to part of the debate was hard-earned taxpayer money down as well as we the people. As one of my earlier this evening, and I think it is the drain, $800,000. And then we read colleagues said, it is intoxicating to very important, Mr. Speaker, that we about the millions and millions that spend other people’s money, and unfor- first agree on what the facts are. We were recently spent for an indoor rain tunately, there are a number of Mem- heard a lot this evening about cuts forest in Iowa. And this does not even bers of this body that are quite intoxi- here and cuts there and cuts here and talk about a number of the question- cated with that power to go out and cuts there. What I find interesting is in able studies that we end up funding spend other people’s money. And it is the budget that the President is pro- with taxpayer dollars. always easy to do it. posing, government is still going to I am not sure who thought up the use And speaking of other news articles grow. It is going to grow 3.6 percent of taxpayer funding to figure out how that I have seen recently, I saw where more in the next budget than it did and why college students decorate a government official paid a taxidermy over this budget. What the President is their dorm rooms. I am not sure ex- service with taxpayer funds to prepare doing, though, and something that it is actly what vital Federal interest was a shoulder mount of a mule deer head, absolutely novel in this town, is, it is being served by that. I think a number and according to the General Account- not going to grow quite as fast as it has of my constituents would be surprised ing Office, the deer was road kill and in the past. to learn that we spent over $2 million found by the official on the side of the Most people would be very interested of their money to study the sexual hab- road. And there are Members in this to know, if they just look in their rear- its of older men. Mr. Speaker, I do not body who want to raise people’s taxes view mirror for a decade, government particularly care to know what is in to pay for more of that. It is example has grown on average 4.5 percent a that study, and I feel fairly confident after example. year. That is over twice the rate of in- that my taxpayers in the Fifth Con- Recently, the Republicans in this flation. In other words, if we are happy gressional District do not really care House finally cracked down on one with the government we had 10 years to pay for it. abuse, and that is, for years and years

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.072 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H395 and years, the Medicare program paid 10 years, education spending has in- rity, and for the sake of the Republic. almost four times as much for a wheel- creased 128 percent. It does not sounds I appreciate again the opportunity to chair as the Veterans’ Administration like a cut to me. Agricultural spending speak out about the budget and to did. Mr. Speaker, how could that hap- has increased 42 percent over the last speak about ways we can protect the pen? We scratch the surface and what 10 years. It does not sound like a cut to family budget from the Federal budget. we discover is that one agency would me. Health and Human Services has I appreciate the gentlewoman from competitively bid and the other would grown by 80 percent. It does not sound Tennessee for yielding, and I appre- not. I wonder how many small busi- like a cut to me. The Energy Depart- ciate her great leadership on this issue. nesses across Texas and Kansas and Or- ment has grown by 56 percent. It does Mrs. BLACKBURN. Mr. Speaker, I egon and Vermont would be able to not sound like a cut to me. Agency thank the gentleman from Texas (Mr. stay in business if they did not com- after agency after agency has seen HENSARLING) for being here to talk petitively bid their supplies? Fortu- large increases in their budget for the with us this evening and reminding us nately, we managed to discover that last decade. of some points that are so very impor- one and do something about it. What we really have to be asking tant. I hear from my constituents, as I could go on and on all evening, Mr. ourselves are two different things: he does, about that language of Wash- Speaker, but the point is that these are What is the essential role of govern- ington and understanding when some- just a handful of examples. If we can- ment in the free society, and how can thing is actually a reduction and when not find 1 or 2 or 3 percent of waste in government most efficiently meet something is just slowed growth when a government budget, Mr. Speaker, we those goals? some of the spending has been mod- are simply not looking. It is time, again, Mr. Speaker, that erated. The gentleman is so exactly we do what the President wants us to right. b 2130 do, and that is to moderate the growth What we would like to do, what the We are just not looking. And if we of the Federal Government, so we can American people would like for us to are going to save Social Security for start to root out all the examples of do, is root out that waste, that fraud, future generations, we have to mod- waste, fraud, and abuse and be account- that abuse of the system; get rid of the erate the growth of the Federal budget. able to the people who work hard back duplication of programs; eliminate the Now, again, liberals in this body are in our districts and send this money to bureaucracy here that soaks up the going to say the President is cutting Washington. money and allow that money to go to here and he is cutting there. But you Again, there is so much of this the local programs where the rubber need to listen to the language of Wash- throughout the entirety of the budget; meets the road and be certain that the ington, because it is not the language and if we only start to moderate the dollars are spent wisely. As I said ear- of the American people. When people in growth of Washington, then we can lier, spend them wisely, or not at all; Washington say ‘‘cut,’’ what they mean start to root some of this out. And we make sure we are making good deci- is it is not growing as much as they must do this. Our deficit is too high; sions and being good stewards. would like to see it growing. our debt is too high. We need to save The gentleman mentioned a little bit It is kind of like if your son comes up Social Security. about economic development and tax to you and says, Gee, Dad, you are giv- Yet Democrats who will talk about relief. As the gentleman from Mis- ing me a $5 a week allowance, and I the deficit and decry the deficit, all sissippi (Mr. WICKER) said earlier, it is really need $10. You sit there and you they want to do is increase more spend- the reduction in taxes that has helped think about it a while and you say, ing, more taxes. They tell us that tax to spur economic growth, which is such Well, Son, you make a good case. I relief is the reason that we have a def- a vitally important part of working on have listened to what your expenses icit. Well, I would invite them to go waste, fraud and abuse; the fact that are. I am not going to give you $10 a talk to the people at the IRS, talk to we have a growing economy. The other part, that we reduce spend- week, but I will raise you to $7 a week. the people at Treasury. What you will ing; that we take a good solid common- He says, Gee, Dad, that is a $3 cut. discover is that tax revenues are up. Don’t you know I wanted $10? That is sense approach to this; that we create We cut tax rates and tax revenues the right environment for business to the language of Washington. came up because we promoted eco- So I hope as the American people lis- be successful; and that we continue to nomic growth. Tax revenues are up al- reduce programs that are not helpful to ten to the debate over this budget, that most 10 percent over last year, because that, that add to the cost of free enter- they listen very, very carefully, be- more people are saving and they are prise, that slow down the process of de- cause what liberals call cuts really working and they are investing. Tax livering government services. These tend to be a moderation in the growth relief is part of the deficit solution, not are good, commonsense approaches. of government. part of the deficit problem. I do applaud our President and our Again, if we are going to save Social Besides that, it is the deficit which is leadership for taking a stand and mov- Security for our children, we are going a symptom. Spending is the disease. By ing us in this direction. to have to moderate the growth of gov- any measure whatsoever, Mr. Speaker, Mr. Speaker, we are joined also to- ernment. As my esteemed colleague spending is absolutely out of control in night by a new Member of this body, from Tennessee was saying earlier, Washington D.C. the gentleman from Texas (Mr. where is it chiseled in stone that we In some respects, this is not a debate CONAWAY), and we are so pleased to have to spend more money next year about spending. What it really is is a have him here with us. He is out of on a program than we spent last year? debate about who is going to do the Texas’ Eleventh District. I particularly I have not read it in the Constitution, spending. All my colleagues would like like the fact that he has brought a lot I did not read it in the Declaration of to see more money spent on education, of common sense to Congress with him. Independence, I have not read it in the housing, and health care; but we are He is a good old Texas Aggie from Budget Act. But there are people here not indifferent as to who does the Texas A&M, spent some time in the that say that if you care about farm- spending. Bureaucrats and liberals U.S. military, has appreciation for ers, or if you care about veterans, or if want Washington to do the spending. freedom, for protecting freedom, and you care about school children, the We want American families to do the understands the importance of pro- only way you can show it is to spend spending. We know who has our chil- tecting individual freedom and free en- more money next year than you did dren’s best interest for the future in terprise. last year, regardless of what the remind, and it is not Washington. It is At this time I yield to the gentleman sults are, regardless of whether any our constituents back home. from Texas (Mr. CONAWAY). kind of standards of accountability are We must remember what Ronald Mr. CONAWAY. Mr. Speaker, I thank being met. Reagan once said, and that is the clos- the gentlewoman from Tennessee and So, again, Mr. Speaker, as people are est thing to eternal life on Earth is a also want to compliment the two pre- telling us that all these budgets have Federal program. We need to change vious speakers on the excellent job been cut, they may be interested to that, Mr. Speaker, for the sake of our they did in setting out some of the know, for example, that over the last children, for the sake of Social Secu- things that we all want to talk about.

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.074 H08PT1 H396 CONGRESSIONAL RECORD — HOUSE February 8, 2005 In the interest of fair disclosure, But, Mr. Speaker, it is imperative and straightforward and fair and elimi- though, I do need to correct one thing. that every Member of Congress take nates much of these compliance costs, I went to Texas A&M at Commerce, this issue seriously. We are a little bet- which not only is a compliance cost, Texas, which is actually the second ter than 21⁄2 years past the passage of but generates a great deal of tax fraud largest institution in the A&M system. the Sarbanes-Oxley bill, which looked in its compliance. We were the Lions, not the Aggies. In at fraud in the public arena, publicly Waste, fraud, and abuse not only fair disclosure, I need to set the record traded companies. There are men and costs taxpayers unnecessarily; but straight on that. women today who are on trial for com- there are two hidden costs I would like Mr. Speaker, I stand tonight in sup- mitting fraud within that arena, and to speak of. The first cost is to legiti- port of our efforts to aggressively they are going to go to jail. They are mate participants in programs who eliminate waste, fraud, and abuse in going to do felony time for that. Those may not get the services that they our Federal spending. I am a CPA by were serious issues, where they de- need because resources that would have profession. I have over 30 years of prac- frauded the investing public. We ought otherwise gone to provide those serv- tice in helping clients and others deal to be just as serious about that hap- ices have been stolen or diverted by with this issue in the world outside of pening in Federal spending programs as cheaters within the system. government, and it is incredibly impor- we are in the public arena. As an example, in my hometown we tant in that arena, as it is in Federal Here are some examples of waste, have recently convicted a physician of Government. fraud, and abuse that hopefully every- fraudulently collecting fees from Medi- I once spent 5 years working with one who listens would find offensive. care and Medicaid. This money, money President George W. Bush as his busi- Fraudulent tax returns. As I men- that this person stole from the tax- ness partner in Midland, Texas, the tioned, I am a CPA and I have spent 30 payers of this country, should have chief financial officer of the oil and gas years practicing, preparing tax returns gone to the providers in our area for exploration company that we co- for folks, helping them comply with treating patients, not for cheating. owned, and it was an exercise in meet- the income Tax Code. b 2145 ing payrolls and providing jobs for peo- According to some recent data, more ple of west Texas, but doing so in a than a quarter of the tax returns Mr. WICKER. Mr. Speaker, I wonder cost-effective and efficient manner. claiming the earned income tax credit if the gentleman would yield on that We were getting other people’s were prepared erroneously, accounting point, because I appreciate him making money to spend in the oil business to for up to 32 percent of the total claims that very good point. drill with, and it was incumbent upon for over a decade. The estimated errors There are programs which are de- us to spend those dollars as if we were and erroneous payments, should they signed to help those people that cannot spending our own money, wisely and have been eliminated, would have freed help themselves or that are at a dis- with an understanding of how scarce up $8.1 billion of tax dollars that we advantage for whatever reason. The they were, because folks trusted us took away from the taxpayers of this gentleman makes an excellent point with that money. that when someone cheats on a pro- We in Congress have much the same country. Another area is in the General Serv- gram like that, they are not only role in that regard. We take money ices Administration. Improper pay- cheating the government and the tax- away from people at the point of a gun, payers, but they are cheating the need- for the most part; but that should not ments and duplicate payments for GSA credit cards occur primarily because iest Americans, the most disadvan- relieve us of our obligations to spend taged Americans. that money as wisely as we possibly cards are typically used without preauthorization for purchases, and I wonder if I could go back to another can. point the gentleman from Texas made. I believe that is important that we in controls to reconcile these purchases Did the gentleman say that there is a Congress aggressively approach the are inadequate. We have got a recent 25 percent error rate in the earned in- issue of balancing the Federal budget example of a GSA employee who spent come tax credit? from a business perspective. President over $32,000 during a 15-month period Mr. CONAWAY. Mr. Speaker, no, I Bush and this Republican Congress, of on her government credit card for per- which I am very proud to be a part, are sonal expenses. We just simply cannot think I said there was a 32 percent. committed to spending the American abide by that kind of conduct. Mr. WICKER. Oh, my goodness. taxpayers’ hard-earned money as wise- We have also got waste in the tax Okay, it is even worse than I heard. So ly as we can. collection system. There is an overall 32 percent of the earned income tax We seem to hear a lot about opposi- problem with the way we collect taxes credit is claimed erroneously or fraud- tion in Congress these days, not only to fund the Federal Government. The ulently, one or the other; is that what opposition in Congress to cutting waste problem lies in the complex Tax Code you are saying? out of our budgets and out of our orga- that we have built over some approach- Mr. CONAWAY. Either by intention nizations, but we also see debates on ing 90 years, a little better than 90 or by accident. Social Security reform, abusive law- years, I guess. Mr. WICKER. The gentleman is an suit reform, funding our troops and With a simpler and fairer Tax Code, expert, and I am sure he can explain much, much more. The opposition we we could take the tax industry that is better than I can the purpose of the face in these critical issues has become kept in business by the need to comply earned income tax credit, which is a almost par for the course, and I find it with the Tax Code; we could take that worthy purpose. quite personally disappointing that we industry on that is kept in business be- Mr. CONAWAY. Well, that is right. are unable to reach any kind of com- cause of the needs of complying with The earned income tax credit was an mon ground as we search for solutions this complex Tax Code. attempt by this Congress to credit to the issues and problems that face The costs of complying with the Fed- folks at the lower end of the earning our Nation. eral tax laws and regulations is rough- scale for taxes that they would have Now to the issue of eliminating ly $250 billion a year. I would argue otherwise owed to the Federal Govern- waste, fraud, and abuse. Surely this is while much of this money goes to my ment. It is a credit that is targeted di- one area that both sides of the aisle CPA brethren and me to help our cli- rectly to those who make the least can find common ground on, an area we ents, it does not help businesses do a amount of money in our system, or in can agree that every single tax dollar better job, whatever business they are our economy, and phases out as folks’ that we, as I mention, take away from in. It does not help them provide better income goes up. the citizens of this country, the work- surfaces. Drilling contractors in my Mr. WICKER. And it is designed for ing citizens of this country, should be districts do not drill for energy better parents of children and for working spent in a manner and on programs because of this. This is simply a burden poor parents to help give them an extra that we in Congress authorize and pro- that they have to pay, year after year, opportunity. So when almost a third of vide for. We should all agree on the im- to allow us to collect taxes. the earned income tax credit money portance of cutting waste, fraud, and We ought to be able to come up with goes to people who are not entitled to abuse from Federal spending. a tax collection scheme that is simple it, certainly it hurts the people who

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.076 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H397 would be entitled to it. Perhaps we larly, of credit card fraud within the Also, the gentleman from Virginia could give a more generous benefit to Federal Government. I understand this (Chairman DAVIS), who chairs the Com- the EITC families. Perhaps we could amounts to almost $100 million a year mittee on Government Reform, has put give a tax cut to other working fami- in lost taxpayers’ money. The gentle- an incredible amount of time over the lies, or pay down the debt. woman, I think, has introduced, along past 2 years with that committee, hold- So I just appreciate the gentleman with the gentleman from South Caro- ing hearings and having reports, get- mentioning that very good point. And lina (Mr. WILSON), legislation to ad- ting things on paper so that we are be- when he said it, I had to go back to the dress this problem; is that not correct? ginning to find out what is and is not earned income tax credit, a program we Mrs. BLACKBURN. Yes, that is cor- working; who is and is not accountable are not proposing to cut in any way, rect. I thank the gentleman from Mis- for their money, what agencies are pro- but would it not be wonderful if we sissippi for bringing that point up, be- ducing results, what agencies are not could find that one-third that is going cause we were concerned about the use producing results. We can go back and to people who are not entitled under of credit cards, primarily looking at look at the Treasury books from the the law? what was taking place in DOD, and year 2001 to see that the Federal Gov- Mr. CONAWAY. Well, the good news knowing that there was an opportunity ernment cannot account for $17.3 bil- is, we found a third of them, and there there to rein that spending in. lion. Now, to my constituents and for should be processes in place within the Last year, the gentleman from South all of us, that is not acceptable. Internal Revenue Service to get that Carolina (Mr. WILSON) and I worked Mr. WICKER. Mr. Speaker, if the money back so that it does, in fact, go with Senator GRASSLEY, and we did in- gentlewoman would yield on that either to pay off the debt or to fund troduce a piece of legislation that point, the Federal Government could other government services. would bring that into line, because we not account for $17.3 billion, with a Mr. WICKER. Mr. Speaker, I prob- feel like there is an opportunity to ‘‘b’’. That means that $17.3 billion is ably interrupted the gentleman’s train save about $100 million annually by just gone and the Federal Government of thought, but I just had to jump in on putting some proper controls and cannot say what happened to it. Can we that very excellent point he was mak- working to be certain that there is not imagine? But this comes not from some ing. waste and that there is not fraud in the story in some newspaper of doubtful Mr. CONAWAY. Mr. Speaker, while use of government credit cards by em- authenticity, this comes from a report we are there, let me mention one other ployees. That is just one of the many of the Department of the Treasury, the area of cost that waste, fraud, and ways, just one of the small ways. 2001 financial report of the United abuse causes. Every single time we As I said earlier, we can go about this States Government. have an incident of waste or fraud, the one dollar at a time, because those dol- Mr. Speaker, $17.3 billion with a ‘‘b’’, and we do not know where it went. regulatory agencies in charge put on lars mount up to hundreds, to thou- Mrs. BLACKBURN. Mr. Speaker, that layer upon layer of additional regu- sands, to millions, to billions of dol- is right. The Office of Management and latory burdens to try to prevent it. I lars. And over a period of 5 years or 10 Budget in their budget of the United am not criticizing them for that, but years, which is really not that long a States Government, fiscal year 2003, that is just the way the system works. period of time, it is substantial savings people can go to page 48 in that report They try to figure out, how did this for the American taxpayer as they are and they will see how the OMB shows person cheat us, how can we put some working to fund government. us that 21 of 26 departments and major additional regulations in place so that It is so important, I say to the gen- agencies received the lowest possible we do not let that happen again. tleman, as he has pointed out, that rating for their financial management, Every time that happens, legitimate government can do better and that we meaning that the auditors cannot even providers of services for Medicare, as realize that and that we challenge our express an opinion on their financial an example, or health care have to con- constituents to work with us on this. statements. Our colleague from Texas, tinue to comply with this increasing It is also important that we partici- who is a CPA, understands exactly burden of regulations that we have put pate by being certain that we stop what that means. We had 21 of 26 de- in place. This costs them money. funding things that do not work. If it is partments and major agencies that got In a business, when you have to com- not working, if it is a program that is the lowest possible rating. ply with a regulation of some sort, you not working or has outlived its useful- Now, what we are saying, as the gen- either have to hire somebody to help ness or is duplicated in other ways, tleman from Mississippi (Mr. WICKER) you with that, a direct cost, or you then we need to look for ways to be said, government can do better, we can have to allocate some resource within certain that we are not funding things do better. The American people, as tax- your organization who was previously that are not working. payers, expect us to do better. It is our working to help you make money and Mr. WICKER. Mr. Speaker, I know responsibility, being a good steward of help you provide services to clients to also, I would say to the gentlewoman, those dollars, that we do a better job, comply with that. So either one of that she finds as refreshing as I do the that we require government to do a those costs those providers within the remarks of our new Member who came better job. That is the purpose that we system money, and it is a direct result to us from a business background and are setting forth. of cheaters in our system. who is determined to work with us on I agree and I join each of the gentle- Now, I am not advocating that we do this type legislation, someone who men who has spoken tonight in com- not go find the cheaters; let us go find knows of what he speaks when he says mending our President and our leader- them and point them out. But let us he has taken other people’s money and ship in saying, the time has come to also help all of us understand that as had to invest it wisely and make sure address this. We have to rein the spend- people cheat, that increases govern- that it was used efficiently. ing in because we need to know what ment regulation; and all of us, particu- Mrs. BLACKBURN. Mr. Speaker, if we are spending, where it is going, and larly on this side of the aisle, campaign the gentleman will yield for just a what the American taxpayers’ dollars often on reducing government regula- quick point, it is so refreshing to see are being used for. tions, so there is a second cost that the members of the freshman class come in Mr. WICKER. Well, let me just say, cheaters put into the system. and join us on this issue. My freshman and these will be my final remarks and Mr. WICKER. Mr. Speaker, I wonder class made waste, fraud, and abuse its then I will yield back to the two of my if I could interject one other thing at class project. colleagues for whatever they might this point. We are about to run out of The gentleman from Texas (Mr. want to say; I just look forward to time, and I do not know if we have HENSARLING), who was just here, was working with my three fellow Rep- complimented the leader of this Spe- one of the founders of a group that we resentatives who have spoken on this cial Order quite enough. She has been call the Washington Waste Watchers to Special Order tonight, and with the very generous in her remarks about us. draw attention to this subject. So we President, to say that we can be more Actually, the gentlewoman from Ten- are so pleased, after having put a tre- diligent in the way that we spend the nessee (Mrs. BLACKBURN) has been mendous amount of work over the past taxpayers’ money, we can be more effi- quite a champion in the area, particu- couple of years on this. cient, and we can continue in our effort

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.077 H08PT1 H398 CONGRESSIONAL RECORD — HOUSE February 8, 2005 to root out waste, fraud, and abuse in lesson to us here at the Federal level, The thing that struck me is that it our government. because it is not impossible to root out said what immediately happened is two Mrs. BLACKBURN. Mr. Speaker, I waste, fraud, and abuse. It is our re- of the soldiers who were near the fellow thank the gentleman from Mississippi sponsibility to do so. who was shot immediately, instead of for joining us tonight. b 2200 taking cover, jumped up and sort of lit- I yield to my colleague from Texas erally sort of shielded the injured GI for any final remarks that he may Here are some of the headlines that with themselves as they returned fire. have. we have found of what is going on in That is just one of the many acts of Mr. CONAWAY. Mr. Speaker, as I some of the States. In Alaska where heroism that our troops have been in- said earlier, the Congress should ap- Governor McCaskey proposed cutting volved with in Iraq. proach Federal budgeting in a more 21 State programs and 200 jobs; in Colo- What it made me think about was, to businesslike manner. I, too, do not un- rado where the legislature passed an ask the question frankly, whether back derstand how underperforming Federal $809 million budget-balancing package home we are matching the responsi- agencies or programs can continue to which eliminated some 200 State em- bility and the values and the heroism receive funding year after year without ployees. that are going on in Iraq. Because We are looking forward, Mr. Speaker, being held to account. In the real whatever you think about the Iraq pol- to working with the leadership in root- world, a business owner who manages icy, and I voted against the Iraq war. I ing out waste, fraud, and abuse. his or her own business this way would thought the President’s assertion that soon find themselves out of business. f Saddam Hussein had weapons of mass Instead, Washington seems to reward REPORT ON RESOLUTION PRO- destruction was overstated, that his as- that behavior. VIDING FOR CONSIDERATION OF sertion that Saddam was responsible Mr. Speaker, our President has pro- H.R. 418, REAL ID ACT OF 2005 for September 11 was inaccurate, and I posed a budget that will serve as a good Mr. SESSIONS, from the Committee voted against the war. But, nonethe- starting point for Members of this Con- on Rules, submitted a privileged report less, all of us respect what our GIs, Ma- gress as we begin to craft a budget that (Rept. No. 109–3) on the resolution (H. rines, and other service personnel are respects and honors the wishes of the Res. 71) providing for consideration of doing in Iraq. hard-working American taxpayer. I the bill (H.R. 418) to establish and rap- And the question I was just thinking urge my colleagues on both sides of the idly implement regulations for State about is whether or not their courage aisle to join us in crafting solutions, driver’s license and identification doc- and responsibility and the values, and not just blind opposition, to waste- ument security standards, to prevent American values they are displaying in ful programs that hamper our Federal terrorists from abusing the asylum Iraq are sort of met on the domestic Government. laws of the United States, to unify ter- side here in Washington, D.C., particu- Mrs. BLACKBURN. Mr. Speaker, I rorism-related grounds for inadmis- larly in regard to the budget that this thank the gentleman from Texas for sibility and removal, and to ensure ex- administration has just proposed to the joining us this evening. peditious construction of the San people in the U.S. Congress. Mr. Speaker, before I came to Con- Diego border fence, which was referred I was thinking about how you would gress, I had the opportunity to rep- to the House Calendar and ordered to test the budget that the President has resent Tennessee’s 23rd State senate be printed. proposed against the values that we are district. While I was in that body, I had seeing by our troops in Iraq. And in f worked on government reform issues thinking about it, it became pretty and came up with a plan that would IRAQ WATCH clear to me that there are some real have called for across-the-board spend- The SPEAKER pro tempore (Mr. questions about that, about whether ing cuts. I certainly believed that DENT). Under the Speaker’s announced this budget really is up to snuff and up State agencies could get in there and policy of January 4, 2005, the gen- to the level of character that we have find waste, fraud, and abuse within tleman from Washington (Mr. INSLEE) seen of our people in Iraq. their operations, and they could cut it is recognized for 60 minutes. Let me give the first example that and better serve the taxpayers of my Mr. INSLEE. Mr. Speaker, for some comes to mind. We now have literally State. time now, several of my colleagues and thousands of our sons and daughters, Of course, at the time that I came up myself have come to the floor of the husband and wives coming home in- with my plan, the 5 Percent Solution, House to address issues surrounding jured from Iraq, some very, very seri- it was criticized by so many as being our national policy in Iraq, and tonight ously. In fact, one of the most dis- too harsh. The word was, well, people we intend to have a few comments in turbing things about this war is, be- will not accept that kind of account- that regard, particularly in regard to cause of our excellent medical care, we ability. A few years later, many of the budget and how the budget refers are actually having people come back those reductions were actually put in to our ongoing efforts in Iraq. And I from Iraq with more devastating inju- place. And do my colleagues know was thinking about that in combina- ries than other wars because we have what? Things started working a little tion with the President’s suggested been successful in saving lives. But bit better in Tennessee. budget the other day. people are coming back with very, very Today, we see some of that same That same day I was looking at the debilitating injuries. And they are press in Tennessee calling the tax- President’s budget, I was reading a coming back to a system that we would payers and the President’s plan, Con- story about 3 GIs who were walking like to see is eminently successful in gress’ plan far too harsh. I read some of through a town in central Iraq, and treating them, the veterans health care those headlines earlier. But I do not they were trying to alert people about system. think that some of the media, the lib- essentially the polling activity and the The first question I think we ought eral media has been paying attention election activity that was going to go to ask about the President’s budget is to what has been taking place in some on, but they knew they were in a very does the President’s budget in the vet- of our States. hostile environment when they were erans health care system meet the her- According to the National Associa- doing so. And a group of them, about oism and the commitment and the sac- tion of State Budget Officers, in fiscal nine soldiers were walking through an rifice that our troops have put on the year 2002, 26 States implemented area, and they were just sort of hand- line in Iraq? across-the-board spending cuts, 15 ing out leaflets to folks about the elec- So when I looked at the President’s States downsized State government tion activity to let them know where budget I was absolutely flabbergasted employment, and 13 States streamlined they could vote and what kind of secu- to see what the budget proposal from government programs. We hear all the rity was going to be provided, and a this administration has in mind for our time that our State governments are shot rang out. The leader of the pla- injured people coming home from Iraq. great laboratories for new programs toon was shot and went down, and they Now, one would think that an adminis- and new projects and creative govern- immediately started to receive fire tration that took our country into war ment solutions, and this should be a from all points of the compass. in Iraq, sent our sons and daughters

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.078 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H399 into combat, knew they were coming those folks who earn over $400,000 a problems. We have lost well over 1,440 back by the thousands with missing year and to make their tax cuts they lives in Iraq. We have had literally arms, shattered faces, difficult trauma got permanent. The President chose to thousands, 10,000 or more seriously in- to deal with, one would sort of think honor that less than half of a percent jured. And yesterday we received the that the budget would rush to their aid of Americans to make those tax cuts President’s budget. And a part of that and embrace them with the arms of permanent and abandon the value of budget had to do with veterans health Americans who so much have embraced honoring and embracing the health care. our troops and their spirits and their care needs of our veterans. Now, at a time when we have lost so prayers since the war began. Budgets are not just monetary much and are continuing to lose sol- One would think that the spirit that issues. They are statements of values. diers in Iraq, when the death benefit I saw at an old car wash being orga- They are statements of what we believe for the family of a lost soldier I think nized in Redmond, Washington that in as a country. They are statements of is currently $12,500, the administration people had to send money and gifts to what you hold most dear. And it is had indicated that they would support troops to help them through their clear that this budget says that the increasing that up to $100,000; there is trials, one would think that that same most dear value that this budget re- no mention of that in the President’s spirit would be imbued in the budget flects is the value of keeping those per- budget. put forth by the President. I must manent tax cuts for people earning b 2215 sadly report that in looking at the over $400,000; and the people who are President’s budget, this budget stiffs coming home from Iraq with missing There is no mention of that. There is our heroes coming back from Iraq. It eyes and shattered bodies and shat- no budgeting for this increased benefit cuts their benefits. It increases what tered psyches and missing limbs, who for the families who have lost loved veterans have to pay to get medical are coming home trying to rebuild ones in this war. That puzzles me. But care they should have for free. It re- their lives, they can just go fish ac- there are other things in this budget duces our national commitment to vet- cording to this budget because they are that puzzle me regarding veterans. erans in meaningful ways. And I can going to have to pay more to get basic People listening to this, I would say reach no other conclusion than that health care now. to my friend from Washington State, the budget falls well short of our na- Now, I do not think those are the val- may interpret this as just partisan tional commitment to our veterans. ues of America, the values that my bickering, and so I would like to share This President who started a war in constituents have, my neighbors have, a press release that came from the Vet- Iraq, a war that has caused such debili- Republicans or Democrats. Because I erans of Foreign Wars. This is not a po- tating injuries, has proposed to make have to tell you, the Republicans and litical group. This is a group devoted our veterans coming home from battle Democrats that I talk to and I rep- solely to trying to advocate for vet- pay more out of their pocket for pre- resent in my district in Washington erans who have participated in foreign scriptions and to get medical care. How State, I think if you ask people on the wars. is that consistent with the values of street if it comes to a choice between The heading of this press release is America? How is that consistent with those two things to reduce the deficit, ‘‘The President’s 2006 Budget Dis- what we expect when we want to honor what should you pick, I think it is appoints the VFW,’’ and it begins, our troops, to dishonor them by cut- about 95 percent would pick to give ‘‘’The President has delivered a dis- ting the veterans health care system health care to veterans. But that is not appointing funding request for the De- and making veterans pay more out of a choice this White House made, this partment of Veterans Affairs,’ said the their pocket, a co-pay for their health administration made; and it is sad. leader of the Veterans of Foreign Wars care? I hope that we in this Chamber in a of the U.S., in reaction to the adminis- Where is the honor, I ask the White bipartisan way can join to preserve, de- tration’s fiscal year 2006 budget request House, in cutting the benefits available fend, and protect those who preserved, that was released today.’’ for our troops coming home from Iraq? defended, and protected us, which is I will not read the entire letter, but Where is the honor in requiring our our veterans. And it is not being done I will read parts of it. ‘‘Two key issues veterans to pony up $250 who are in cer- in this budget, and this is a symptom are the proposals to charge a $250 en- tain categories even to get their health of an illness of this budget in total be- rollment fee that would impact ap- care? Where is that family value? cause it has sacrificed numerous values proximately 2.2 million veterans and a It seems to me that there ought to be on the cross of making these Presi- prescription copayment that would a bipartisan consensus, that there dent’s tax cuts for people who earn more than double from $7 a prescrip- ought to be family values, that if you over $400,000 a year, that that value tion to $15’’ a prescription. send your son or daughter into harm’s trumps everything. It trumps health It continues, ‘‘The VFW is concerned way for the benefit of your national care for veterans. It trumps reduction that the enrollment fee and the pre- family, that when they come home, if of the deficit. It trumps cleaning up scription copayment increases will cost anything, you ought to increase the nuclear wastes that are going into the some veterans thousands of extra dol- benefits that we have available to Columbia River in my neck of the lars in health care expenses, while driv- these folks. But that is not the case in woods. It trumps cleaning up other ing others away from the VA. this President’s budget, because this Superfund sites around the country. It ‘‘The message this budget commu- President really had to face a choice in trumps enforcing our clean air laws so nicates,’’ the VFW says, ‘‘is that part this budget. It was pretty clear. that our children do not get asthma. of the Federal Government’s deficit We have over a $400 billion deficit This President puts that value above will be balanced on the backs of mili- today, and this President really had to every other value that we have, Ameri- tary veterans.’’ face a choice between two competing cans now have to have a chance to ex- Listen to this. This is amazing. The values. One value would be to provide press in this budget; and it is sad and it budget proposal from the President for the health care of our veterans. One is wrong and it is not consistent with slashes $351 million from veterans’ value would be to preserve the Presi- the American values, I believe, on a bi- nursing homes that will result in 28,000 dent’s favored tax cuts for people who partisan basis are held. fewer veterans getting nursing home earn over $400,000 a year. Now, the gentleman from Ohio (Mr. care, and it reduces State grants from Now, in order to at least staunch the STRICKLAND) has joined us, who has $114 million down to just $12 million. It red ink which, by the way, this does been an absolute stalwart talking cuts $4 million from medical and pros- not do because this budget still does about the importance of maintaining thetic research. At a time when we are not decrease the deficit. It increases it. veterans benefits. having soldiers getting their arms and But one way to do it, this budget had Mr. STRICKLAND. Mr. Speaker, I legs blown off in Iraq, this President to make a choice; this budget had to want to thank my colleague from sends us a budget that cuts by $4 mil- choose between two values. It had to Washington State. lion money for prosthetic research. choose between the value of honoring This is a serious time in the history Mr. INSLEE. Mr. Speaker, I want to our veterans or the value of honoring of our Nation. We are facing a lot of ask if the experience in Ohio is the

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.080 H08PT1 H400 CONGRESSIONAL RECORD — HOUSE February 8, 2005 same as it is in Washington. The gen- that many veterans would have to pay among other things, ‘‘In our view, it tleman has just read quite an extensive just to use a VA facility. This is uncon- would be a tragedy if CHRIS SMITH left list of multimillion dollar cuts to the scionable. the chairmanship.’’ services that the VA system can pro- Here is what we have: Young Ameri- They went on to say that ‘‘The un- vide for veterans. That may seem like cans fighting this war, many losing necessary loss of his leadership, knowl- abstract numbers, but I want to ask their lives, many more being terribly edge, skill, honesty, passion and work my colleague about this. injured, coming back home; and what ethic would be a deeply disturbing de- In Washington State, veterans now, they are going to find is a VA health velopment, not just to us, but to the in the existing budget before the cuts, care system that is being woefully un- millions of veterans across the country are waiting months and months and derfunded by the President who chose whose lives he has touched.’’ months to get in for basic health care to send them to war. That is a serious What did Speaker HASTERT do? He ig- because even the existing budget does matter, but it is not just my opinion. It nored the plea from these 10 national not allow them to get help. And so I is the opinion of the major veterans or- veterans organizations. He removed the talked to World War II veterans who ganizations in this Nation. gentleman from New Jersey (Mr. literally are waiting months, and these I do not think this is an accident. I SMITH) from the chairmanship of the are people in their upper 70s, to get think this is a planned effort on the Committee on Veterans Affairs because basic health care with the existing part of the administration to signifi- he was an advocate for veterans. budget. cantly reduce the money they are put- So I am not surprised that the Presi- This budget purports to cut multiple ting into VA health care. dent’s budget woefully underfunds VA millions of dollars to reduce that, to I want to share with my friend from health care, because I think it was part increase the waiting line so when a per- Washington State something that he of the plan; and in my judgment, they son needs to go in to get various body may already know, but for 24 years one had to get rid of the gentleman from parts checked, from their urinary tract of our colleagues, a Republican Mem- New Jersey (Mr. SMITH) so that they to their cardiac function, they are in a ber, the gentleman from New Jersey would not have one of their own being waiting line. The people who went on (Mr. SMITH), has been a member of the critical of the President’s budget in the the sands of Iwo Jima, they did not Committee on Veterans Affairs. For 24 VA Committee. want to go to the back of the line. years he has served on that committee. Mr. INSLEE. Mr. Speaker, this is a They went out the front of the boat. For the last 4 years, he was the Chair bit of an unusual thing that a Demo- Now this budget is going to make the of that committee. crat is praising the gentleman from waiting longer. The gentleman from New Jersey (Mr. New Jersey (Mr. SMITH), the former Re- That is the experience in Wash- SMITH) is, in my judgment, the most publican Chair of this committee in ington. I just wonder what the experi- prolife Member of this body. I do not the House, and I want to just ask this: ence is in Ohio. always agree with the gentleman from My perception of this is that here we Mr. STRICKLAND. Mr. Speaker, New Jersey (Mr. SMITH), but I admire had a Republican Member who is stal- well, I think what the gentleman is de- him as a man of principle and char- wart in attempting to preserve and im- scribing is true all over the country. It acter and courage. prove the veterans’ health care in our is less problematic in certain areas and The gentleman from New Jersey (Mr. country, who was willing to rock the much more problematic in other areas. SMITH) was recently removed, not only boat to do that, had the moral fiber to I just shared a press release from the as the Chair of the Committee on Vet- do that, and was in a sense excommuni- Veterans of Foreign Wars regarding the erans Affairs, he was taken off the cated because he had the willingness to President’s budget. I have here a sec- committee altogether after years of stand up to people who stood up at ond press release from the national service. What had he done wrong? Well, Guadalcanal and the people who stood commander of the American Legion re- apparently it was because he was an up in all of those places whom we have garding the President’s budget. advocate for veterans. He wanted this had harmed, and he was a bit of hero I It begins, ‘‘The leader of the Nation’s President and this leadership in the believe myself, and I am just going to largest military veterans organization House of Representatives to give ade- ask my colleague to categorize this. reacted strongly to the effects that quate funding for VA health care, and I think what the Republican leader- President Bush’s budget plan will have so he was stripped of his Chair’s posi- ship and, by extension, the White on veterans. He called it a smokescreen tion and he was removed from the com- House, which I have to believe had to raise revenue at the expense of vet- mittee. some knowledge of this, was a slap in erans. Think about that. He had been on the face of every veteran in this coun- ‘‘ ‘This is not acceptable,’ said Thom- that committee for almost a quarter of try. Do you think that is a fair charac- as P. Cadmus, national commander of a century, and 10 national veterans or- terization? the 2.7 million member American Le- ganizations wrote the gentleman from Mr. STRICKLAND. Mr. Speaker, I gion. ‘It is nothing more than a health Illinois (Speaker HASTERT) a letter, think it is. In fact, if I could just share care tax designed to increase revenue urging the Speaker to keep CHRIS something else with my colleague, this at the expense of veterans who served SMITH as the Chair of the Committee is a letter to the Wall Street Journal their country.’’’ on Veterans Affairs. that was written also by Mr. Thomas This is not the gentleman from I just want to tell my colleague who P. Cadmus, who is the national com- Washington (Mr. INSLEE), the Demo- those people were and the organiza- mander of the American Legion, from crat, or the gentleman from Ohio (Mr. tions they represent: The executive di- the national American Legion’s head- STRICKLAND), the Democrat, speaking. rector of the American Legion; the ex- quarters, and it criticizes a statement This is the national commander of the ecutive director of the Veterans of For- that was made by an administration of- American Legion. eign Wars; the national adjutant of the ficial, Mr. David Chu. The fact is that when the President Military Order of the Purple Heart; the Who is Mr. David Chu? He is the Pen- first came into office, most veterans executive director of the Paralyzed tagon Under Secretary for Personnel were required to pay $2 for a 30-day Veterans of America; the national and Readiness. And Mr. David Chu was prescription. The President increased president of the Vietnam Veterans of quoted as saying that ‘‘Veterans’ pay that almost immediately after coming America; the executive director of the and benefits are,’’ and I am using this to office from $2 to $7, and in this budg- Disabled American Veterans; the na- word from his statement, ‘‘hurtful, et, he is asking that the price to vet- tional executive director of AMVETS; hurtful,’’ and are, quote, ‘‘taking away erans be increased from $7 to $15. the executive director of the Blinded from the Nation’s ability to defend As I have said before on the floor of Veterans Association; the executive di- itself.’’ this House, many of our veterans take rector of the Jewish War Veterans; and Here is a member of this administra- 10 or more prescriptions per month, the executive director of the Non- tion blaming veterans, saying that be- and so the President wants to increase commissioned Officers. cause of their benefits they are some- their burden. The President’s budget They all signed this letter to Speaker how interfering or taking away from also calls for an annual $250 user fee HASTERT, and they said in this letter, this Nation’s ability to defend itself. I

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.081 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H401 mean, that is really pathetic. It is pa- who are coming up with these These are the very people who lost thetic. And the national commander of cockamamie, unfair, inequitable, I am their limbs. He wants them to bear all the American Legion wrote this letter going to call them un-American ideas, the burden. He does not want to ask to the Wall Street Journal complaining maybe that is a stretch but I am going anybody else in America to be associ- about David Chu’s statement. to say that, when we are talking about ated with this. And that is wrong. So what I think we are seeing here is heroes of the American Nation? How Mr. STRICKLAND. If my colleague a calculated effort to reduce funding can you deign to raise copayments, will yield, what the President and what for veterans’ health care and veterans’ charge them $250, make them stand in the administration will say is that benefits, and the President, quite line longer, make them wait longer to they are increasing funding for VA frankly, has got to be responsible for get cardiac care? How can you even health care, and on the books it looks this. I mean, he is the commander in think about doing that? as if they are. But much of that in- chief. I think one of the things is that these crease is coming from the veterans And let me point out something else folks who are making a pretty good themselves because they are calcu- to my colleague. Right now, when a salary, who are in the agencies and lating as a part of their budgeting serviceperson loses their life, there is a working at the White House, who are process the $250 annual user fee that $12,500 gratuity or compensation made driving a decent car, kind of think, Oh, they are going to charge veterans. available to the survivor, the sur- it is $250. Big deal. What is $25 extra for They are calculating the increase that vivor’s spouse or to the family. a prescription? Big deal. That is just they are going to get from charging Now, we are in the process right now pocket change. Falls out of crumbs or veterans more for their prescription of offering bonuses of up to $15,000 for tips at lunch around here in Wash- drugs, so that will go into the till; and many of our soldiers to get them to en- ington, D.C. On K Street, where lobby- they count that as increased funding list. ists hang out, that is just tip money. for VA health care. So, quite frankly, b 2230 I think people forget when they try they are asking veterans to fund their to stick injured GIs with this, they for- own health care. In some cases, for Special Operations get these folks are just absolutely Forces, we are told they are being of- Now, the gentleman from New Jersey scraping when they come back. (Mr. SMITH), as I said earlier, was re- fered a bonus of up to $150,000 to re- I saw a story about a family who lost main active in the military. So a sug- placed as Chair of the Committee on a young father and husband in Wash- Veterans’ Affairs, and we have a new gestion has been made, and I have ington State, and they interviewed the Chair who has been quoted as saying signed on to legislation, I think prob- widow, who had four children, and they that he thinks the VA should focus on ably my friend from Washington State were living in the basement of their the core constituency, those with serv- has as well, that would increase this parents’ house. She was trying to get ice-connected disabilities and the very death benefit to $100,000. That is cer- enough to get back to community col- poor. But, quite frankly, the people tainly not enough, but it at least is a lege to try to earn a living to support that they are referring to as higher in- reasonable effort on the part of this these four children. It was really a come can be making as little as $22,000 Congress to increase those funds from matter of feeding and clothing these and be considered higher income and be $12,500. kids. And $250 is the difference between expected to pay this $250 annual user I have gone to several funerals in my making it and not making it to these district, for soldiers who have been lost folks. fee and the increased cost for medica- in Iraq. We have lost from the Ohio I think people making these deci- tions. Sixth Congressional District six sol- sions forget that. They just are not in Now, if you are making as little as diers already. Two of those men were touch with that, number one. $22,000 a year and you have expenses in their late 30s and the others were in Number two, and this is the basic and you have a lot of medical needs their early 20s. So it is quite pathetic, flaw of the entire budget, I think, is and you need a lot of prescription I think, that this country would offer that the folks who drafted this budget drugs, then you are not high income. the survivors $12,500. And if we can in- have a view about our wars in Iraq and Folks in this Chamber, I do not know crease it up to $100,000, that may be Afghanistan, and their view is that exactly how much we make, quite more helpful to the families left be- there are only a certain very small per- frankly, but it is over $150,000 a year. hind. centage of Americans who should bear We are pretty well paid here. The The fact is, there is no mention of all of the burden of these wars in Iraq American people need to know that. this in the President’s budget, and that and Afghanistan. It is the view of this We are pretty well paid. But what really puzzles me. Why is this not ac- administration that only those select about the veteran who is making a lit- counted for in the President’s budget individuals should take the entire tle over $20,000 a year? And the people that he just released to us? weight of this conflict, not only in in this Chamber have the gall to say Mr. INSLEE. Mr. Speaker, if the gen- their physical health and whether they that those veterans ought to pay more? tleman will yield, I think what is dis- live or die but in their fiscal burden as They ought to pay more? appointing about the President not well, and those are the people actually It is, quite frankly, shameful. And putting it in his budget, is that we serving in the military in Iraq and Af- that is why we are here. That is why probably have over 160 or 180 cospon- ghanistan. Nobody else in America we are talking about this. Because the sors of this bill to raise that benefit for should have any bit of sacrifice associ- veterans of this country need to know the families, yet it is still not there. ated with this war in Iraq and Afghani- what the truth is. And it is really just one of a whole stan. Now, the President said in his State suite of insults for the people coming I do not think that is the American of the Union address not many days back from Iraq and Afghanistan. way. And I do not think Americans ago, standing at that podium right up Do not forget the contributions of really expect that. Americans believe there, he said, ‘‘Society is measured by our people in Afghanistan who are suf- that it is not only the GIs who should how it treats the weak and the vulner- fering and still dying in Afghanistan. be the ones bearing some sacrifice from able.’’ We have an aging veteran popu- What is so troubling to me, and I this endeavor. Yet the President wants lation in this country. More and more think a lot of my constituents, are two to take every single dollar we spend veterans are in need of nursing home aspects. You have to ask yourself: How there and make it deficit spending. care, and what does this budget do, the could an administration in the middle The part he will not make deficit President’s budget? It cuts funding for of two wars even think about cutting spending, that he is too embarrassed to veterans’ nursing home care. At a time benefits to veterans? How could you put on his debt on our grandchildren when the need is increasing, there is possibly do that? I am trying to think, because he has a deficit that has blown less money for it. how could there be any possible ration- through the roof, and it is terribly em- It is, quite frankly, shameful. There ale to do that when you have these peo- barrassing, the part he will not make a is no other word that is adequate to de- ple coming home in such dire straits? deficit to put on his debt on our grand- scribe it. It is a shameful set of cir- I think there are two things going on children, he will put on our veterans by cumstances that we are facing. I would here: One, I suspect that the people cutting their health care. hope that the veterans of this country

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.082 H08PT1 H402 CONGRESSIONAL RECORD — HOUSE February 8, 2005 would understand what is being done to listeners than he has ever received be- make sure that the sacrifices of our their health care system. fore. men and women in Iraq and Afghani- Mr. INSLEE. Mr. Speaker, if the gen- I suspect that what we are talking stan are honored with a budget that tleman will yield, let me add that it is about here tonight will be changed, be- America can be proud of and can stand not just the veterans of this country cause I do believe the veterans of this up and defend. This President’s budget that we think should be rightfully out- country and those who care about falls way short and it must be changed. raged about this insult to veterans. It them are going to speak up and speak f is also those of us who have our liberty out. because of veterans. I shared part of a press release from THE BUDGET AND IMMIGRATION I did something a little unusual for the Veterans of Foreign Wars. I would REFORM me; I actually watched the Super Bowl like to share a few more comments The SPEAKER pro tempore (Mr. this year. It turned out to be a good from that press release. This press re- BOUSTANY). Under the Speaker’s an- game. It was very, very unique in lease from the Veterans of Foreign nounced policy of January 4, 2005, the Super Bowl history. I think the wrong Wars says, ‘‘This budget will cause vet- gentleman from Colorado (Mr. team won, but still a good game. And erans’ health care to be delayed and TANCREDO) is recognized for 60 minutes. the most telling commercial to me, may result in the return of 6month- Mr. TANCREDO. Mr. Speaker, I ad- which they always talk a lot about, the long waiting periods. That is especially dress the House tonight in regard to an Super Bowl commercials, was the scene shameful during a time of war.’’ issue that of course I have brought to where you are like in a train station Then it continues: ‘‘The VFW na- the attention of my colleagues many waiting room or an airport waiting tional commander is now calling on all times in the past. I continue to offer room and you see people milling about, 2.4 million members of the VFW and its my observations about the issue of im- and then they all of a sudden somebody auxiliaries, as well as all service mem- migration and immigration reform. started clapping. You cannot see what bers and their families, to urge their I would, however, like to preface they are clapping at, at first. Then the congressional Members to correct the those remarks with some observations clapping rolls and pretty soon every- shortfalls in this budget.’’ dealing with the issue of the Presi- body in the room is clapping. Then you Then the press release concludes with dent’s budget and the general state of see these troops coming by, we assume this statement. ‘‘Without the Amer- affairs of the Nation in terms of our coming back from Iraq or Afghanistan, ican soldier, there would not have been deficit and the health of the economy. and pretty soon the whole group is a United States of America, and I shud- Certainly I do so as a result of listen- clapping. der to imagine the rest of the world. ing to my colleagues and their col- I think that commercial really did Our Nation must honor its commit- leagues preceding them tonight attack- encapsulate how Americans feel about ment to care for those who are ulti- ing the budget for being so sparse, I our sons and daughters and husbands mately responsible for every liberty we suppose. A $2.5 trillion budget, not and wives who serve there. This is real- enjoy today.’’ meeting the expectations of many of ly deep and touching and it is good for So my sense is that the leadership of the Members who have come to the America. the various veterans’ organizations in floor tonight, and hoping a political ad- During Vietnam, there were a lot of this country are going to mobilize vantage can be gained in their at- disagreements. The gentleman from their members to descend upon this tempts to characterize this thing as a Ohio (Mr. STRICKLAND) and I had enor- Capitol, at least through e-mails and disaster. mous disagreements with the President letters and phone calls, faxes, and so But the real disaster it seems to me, about Iraq, and a lot of my constitu- on, to demand of their Representatives, Mr. Speaker, is the fact that we have a ents, a big majority of my constituents our colleagues in this Chamber, that budgeting system here and a budget in had a lot of disagreements. But to a this shameful budget, especially the and of itself which is out of control, person they felt the same way about parts that deal specifically with vet- record deficits even in light of the our GIs coming home; the Marines, sol- erans’ health care, be rejected by this sparse and lean budget that was pre- diers and sailors. That commercial Congress, and that we do what we sented by the President. It still has a showed people wanting to applaud should do, which is to provide adequate $425 billion figure attached to it in them as they came home. funding so that those who are in need terms of a deficit. I imagine since it is That is the spirit of America, yet of health care, those who have served in the President’s budget, he does not this administration draws a budget the country and are in need of health account for the supplemental that he is that reduces the protection that these care, have the ability to receive it in a going to request in a short time, $80- folks ought to have after coming home timely manner. some billion, we are not sure exactly from the front line. That is just totally Mr. INSLEE. If my colleague will how much, or the transition costs for out of touch. yield once again, it seems to me our Social Security. And if we add those, The veterans are a very goal ought to be a policy that we can the deficit would be dramatically high- uncomplaining group. I find veterans be proud of. This is not a budget to be er. to be the least demanding group, per- proud of on behalf of our veterans. So I have concerns myself about the haps, of any people I work with. It is I just want to reiterate, and con- budget. I have concerns not that it is just not in touch with the spirit of tinuing along the same vein that the providing too little to run the govern- America of wanting to embrace these gentleman from Ohio (Mr. STRICKLAND) ment, but in some ways not being accu- people. has, I want to read from what Mr. rate in ways it defines the problem or It is denigrating their contribution. Thomas Cadmus, Director of the Amer- the solution because the problem is It is not understanding how deep peo- ican Legion, said in questioning this horrendous. We have a budget that is a ple feel about the sacrifices that these budget. He said, ‘‘Is the goal of these reflection of course of the needs, wants, folks have made in Iraq and Afghani- legislative initiatives to drive those and desires of Members and their con- stan. That is why we will have a very veterans paying for their health care stituents; and that is as the process, I vigorous effort to restore this funding. away from the system designed to suppose, should be. If we recognize Mr. STRICKLAND. Mr. Speaker, I serve veterans? The President is asking what that budget does in terms of what would tell my colleague from Wash- Congress to make health care poaching our role here is, and after all of the ington that a gentleman by the name legal in the world’s largest health care rhetoric about the veterans who will of J.P. Brown, who has a weekly radio delivery system.’’ not be receiving health care and the show where he talks about veterans’ children who will be dying because issues, had me as a guest on that show b 2245 they do not receive nourishment, all of recently. I talked about what happened Health care poaching, instead of as- these incredibly bombastic statements to the gentleman from New Jersey (Mr. sisting the veterans, is not a budget which have been made by the folks on SMITH) and what was going on with VA America can be proud of. That is why the other side of the aisle about this health care funding. Mr. BROWN has we are going to continue this effort, budget, the fact is if you just do this, said that he has gotten more calls from and we hope others will join us to and I am not going to dwell on it a long

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.085 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H403 time because there is another issue I do as far as I am concerned far too thinks it is okay, they are entitled to want to address, but it does make one much in other areas that are extra- it. think about what the Founding Fa- neous to our constitutional responsi- Mr. Speaker, it is a fascinating thing. thers would have thought about a bility. In that roughly $2.5 trillion budget budget of this nature and how they So when we hear folks on the other which has been put forward, the great- would have tried to rationalize the side of the aisle argue and harangue est amount, certainly somewhere near Federal Government spending the about these cuts, it is important to re- 80 percent of that budget, is in fact money it spends in all of the areas in member that for the last several years, wrapped up in these entitlement pro- which it operates, and wondering about certainly the last year I was on the grams. That word implies an inability the extent to which any of these things Budget Committee, we waited in vain on the part of Congress or anybody else are required by the Constitution. to ever see a budget from the other to do anything about it. That is like it The Constitution actually is the side. It is true that the minority has is there, it was handed down by God blueprint for the Federal Government, the responsibility of being the sort of that these programs be in existence, what it is we are supposed to do. The watchdog of the majority. That is fine. and we cannot do anything about it. 10th amendment makes it clear if the But one of the things we would ex- That is Social Security, Medicare, power is not given to us in that docu- pect is if they say here is what is wrong some veterans programs. That is where ment, it rests with the States and the with the President’s budget, here is all of the money is. We could eliminate people. Actually we can look far and what is wrong with the budget that the all of the discretionary spending in the wide. You can scrutinize the Constitu- Congress has produced because it will budget, the Department of Defense, for tion with a microscope, and you will be produced primarily by the majority instance, Department of Health and not find any reference to education party, but if history is any judge, we Human Services, we could eliminate being a responsibility of the Federal will not see a minority budget. They the entire discretionary budget and Government. It is not. It is not there. will not provide a plan because if they still only save $750 to $800 billion of Yet 50 to $60 billion, I have forgotten do, they would have to do one of two that roughly $2.5 trillion budget. That the exact number being proposed, but things: they would have to cut spend- would take care of the deficit, but we many billions of Federal dollars being ing or raise taxes. That is it. That is it. could end every program except Social proposed for educational services, and And neither of those two things are Security, Medicare, and some veterans that is not even in the broader areas of they too crazy about doing. benefits. That is not going to happen, higher education, just in K–12, and They would argue that we should not and we all know that, unless we actu- Health and Human Services and high- continue the tax cuts or make the tax ally address the issue of Social Secu- ways, all of things that we do here cuts permanent. But, frankly, even if rity. which are extraneous to our task. The you follow their suggestion and allow Now, the President has offered that task is to protect and defend. That is tax rates to go back up to levels they proposal also, which of course the really the role we have at the Federal were prior to the President’s tax cuts, other side of the aisle demagogues the level. States cannot raise armies and it would do little to actually change heck out of, and suggests if the Presi- provide for the general defense of the the entire picture. They would have to dent’s plan were to pass, that old age Nation and the common defense; and do substantially more. They would pensioners, the Social Security recipi- so, therefore, the Federal Government have to cut spending or increase taxes. ents, would essentially be dead in their must do that. That is our role. That is it. If you increase taxes, of home within a short time, all having Every year we do more and more course, you begin to take a toll on the starved to death as a result of having other things; and unfortunately we do economy. Although initially there will their Social Security benefits cut by not spend as much time, energy, and be an increase in revenue, you eventu- this heartless President. Of course resources on the things required of us ally get to the point where taxes begin these things are untrue. No one is sug- under the Constitution. So once you es- to reduce the number of jobs, the econ- gesting a cut for the people presently tablish this incredibly generous activ- omy becomes much more stagnant, and on Social Security. That is not part of ity on the part of the Federal Govern- therefore revenues begin to drop. anybody’s plan. Yet that is the way ment and Federal taxpayers to fund all So they are in a dilemma. They are they present it. That is the of the myriad of things in that budget, in a dilemma. Therefore, the only thing demagoging that goes on on these agricultural subsidies, educational sub- they can do is say these tax cuts are no issues. Again, it is the idea of entitle- sidies, highway subsidies, Amtrak, I good. These tax cuts are terrible. So ment. can go on and on, all of the things that where would they cut then? If you have Mr. Speaker, let me say as clearly as are not our responsibility but have be- a $425 billion to $500 billion deficit, I can that as far as I am concerned, the come such as a result of the years of where will you cut? They will not show only thing to which I am entitled as an indulgence, essentially. If you can just that because the cutting job is tough. American is liberty. take all of that away and look at what The President is to be commended for our primary responsibility is and how laying out a budget that does include b 2300 we should be funding that, we could do significant cuts, not nearly enough. That is it. That is what I want from it easily and we would have money left And by the way, no one thinks for a my government. That is what I de- over for tax cuts, but we are told that moment they will survive this place. serve. That is what the Constitution the world is coming to an end, civiliza- Even the administration does not and the Declaration of Independence tion is at an end, blood will run in the think that. Some of these things they speak to. That is what I am entitled to, streets if we pass a budget of only $2.5 put in knowing they will be replaced by liberty. I am not entitled to a pension. trillion, with really close to a $500 bil- Congress, but they can take the high I am not entitled to having my child lion deficit. road by offering the cuts. educated at government expense. I am I know that many people in America Nonetheless, the cuts will not sur- not even entitled to the Federal Gov- look at the budget and say it is rotten, vive. We will increase the budget more ernment building any highways in my how can they spend so much money, than even the 8 percent that the Presi- district. I am not entitled to any par- but do not care about the thing that I dent has planned, the deficit will in- ticular benefit to help me take care of care about the most. I support the crease, and all because we are afraid of my wife, who may be pregnant, and to President’s efforts to try and reduce angering these constituencies that feel provide for prenatal care. the size of the budget. Unfortunately, they are entitled to some part of this. I mean, all these things are good. I it does not go nearly far enough. We In the entire debate that is the thing am not in any way suggesting that still have an increase in the budget of that most rankles me, the idea that all they are not good for society and that somewhere around 8 percent as far as I of these people receiving this largess people banding together would not pro- can calculate it, and it is true that the and the share of someone else’s labor, vide them for themselves. But I am most significant increases are going to we are transferring wealth from one just suggesting that nobody is entitled defense and homeland security, which person to another through our tax sys- to these things, nobody, no American. I of course are appropriate. But we still tem, everyone on the receiving end am not, and I do not think anyone is.

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.086 H08PT1 H404 CONGRESSIONAL RECORD — HOUSE February 8, 2005 So I wish we could stop using the word highest number that is possible coming er to be picked up by vehicles and ‘‘entitlement.’’ I wish we could begin in under those circumstances. taken on into the interior of the coun- thinking about what are the things These are astronomical numbers, and try. And these sites I have seen have that we are actually responsible for as they are things that are certainly dis- turned into simply huge dumps, refuse the Federal Government. That is what concerting just on the numbers’ side of dumps, with papers strewn everywhere I would like to fund. What does the things, what happens to us as a result and clothing and human feces and dia- Constitution tell me is my role? What of this massive increase in the popu- pers and syringes and plastic bags by does it lay out as my role, and what am lation. An organization called Numbers the thousands and thousands and hun- I supposed to do as a Member of this USA has done excellent work on this, dreds of thousands of other things lit- body to fulfill that role through the ap- and I suggest, Mr. Speaker, that Mem- tering the place in just like maybe a propriations process. bers go to their Web site if they are in- 20- or 30-acre parcel of land. And believe me, we could get out of terested in this kind of thing, at Of course, the cattle eat some of the here in about a month if we just con- NumbersUSA.com, and look at what plastic. The cattle die. The human centrated on something like that. We they project to be the population of the feces gets washed into the water sys- would be done. Start in January and be country by mid-century if we do noth- tem in the few times it does rain, but done by March because the role is rel- ing to curb immigration because al- when it rains it washes this stuff away. atively limited. All the rest of this most all of the population growth in The land becomes polluted by the stuff is extraneous and is not an enti- the Nation at the present time is a re- human traffic moving across. But, of tlement. No one, I repeat, no one is en- sult of immigration, both legal and il- course, we hear nothing from our titled to sharing the wealth of anyone legal; and the numbers do have con- friends in the Sierra Club about the en- else. sequences. vironmental degradation to the land Anyway, I know these observations The numbers of people coming in caused by literally millions of people certainly will not carry the day. At the have consequences on a lot of things. coming across it unhindered. And then end of the debate on the budget bill, we Our health care system certainly is of course just, again, the numbers, the will not have reduced expenditures. one. Our educational system is cer- impact on the quality of life in cities Most of the programs that the Presi- tainly another. The fact is that we are all over this country by the massive dent has proposed being cut will not be providing services for millions upon number. cut; they will be plussed up. Some will millions of people who are working We just got a report not too long ago get cut, I hope, and it is a start, and I here illegally or not working. Regard- from the Transportation Department am sure that the President saw it that less, they are here, and some are here about the fact that 70 or 80 percent of way too when he sent us the budget. of course legally, but we end up spend- all the traffic congestion we have in Personally, I am sure, although I have ing far more in the provision of serv- this country is a result of, of course, not had a chance to go through every ices than we ever are able to obtain immigration. The numbers just tell the single one, there are still greater cuts from these folks in terms of the taxes tale. And so when people are waiting in we could achieve, and I plan to be offer- that they pay. So there are implica- a traffic jam wherever they are ing amendments throughout the proc- tions on the numbers’ side of things. throughout the country, just think ess to try to achieve them. The environment. We hear people about the fact that that traffic jam But I do hope we will just always talking about the concerns of the envi- they are waiting in, the smog that is consider the fact that this idea of enti- ronment, but those concerns are fairly being produced, the time being lost is a tlements is a relatively new concept to narrow when we talk to them about the result of the fact that we cannot catch this government, to the people of this impact of immigration. We have a bill, up, we have not been able to catch up country, and I wish that we could Mr. Speaker, I will be introducing very with the numbers. think about it again. I wish that we soon that will require the EPA to do an b 2310 could devise a plan and devise a set of impact study on immigration. What is The numbers overwhelm us. They are spending priorities that were not based the impact? What is the result of mas- far greater in terms of the actual num- on anything called entitlements but sive immigration into the country on bers of people coming into this country just simply what our responsibility is our resources and on the country as a than ever before in the Nation’s his- as a Congress, although I recognize whole? I would love to see something tory and we just cannot keep up. That that that day is perhaps not only a like that. Of course, I hasten to add it is the one aspect of it, the environ- long way off but maybe nothing I will probably will never pass because no one ment. ever see in my lifetime, but nonethe- really wants to see that. But I would Then there is, of course, the issue of less we will have to hope for the possi- like an environmental impact study our economy and what kind of expenses bility. done on the immigration. What is the we incur, what kind of expenses are in- And in hoping for possibility, I must environmental impact of this phe- curred by the citizens of this country say that this brings me to the other nomenon? And I assure Members that who are paying the infrastructure costs topic that I wanted to address tonight, they will find it is significant. to support massive immigration, both and that is the issue of immigration The Speaker probably knows the sit- legal and illegal. It is enormous. It is and immigration reform. And as I have uation on the border. I have been down enormous. done many times on the floor of this to the border of the United States and We hear all the time about hospitals House, I have brought to the attention Mexico many times, up to the northern on the verge of closing. Some have ac- of my colleagues, Mr. Speaker, the con- border with Canada many times, and tually closed, some have actually cerns I have had about the situation we what we see is really fascinating and closed certain of their departments, face in the United States as a result of certainly a depressing view of the land- neonatal, as a result of having hun- massive immigration across our bor- scape, especially on the southern bor- dreds of thousands of people coming ders, both legal and illegal. The num- der where people have come through by who are unable to pay, but coming bers are astounding, and sometimes I the hundreds of thousands, in fact, of across the border oftentimes just to am even taken aback at them. We are course, by the millions; and as a result have children in the United States in now interdicting at our borders about a of just the human traffic, the actual those border hospitals. They are inun- million and quarter people a year. foot paths that are created through dated. And it does not stop there. It Three to five people get by the border desert, the roads that people create as goes throughout the country. guards for every person that they actu- a result of driving their vehicles just I returned recently from Idaho. I ally do interdict. So we do not know off of the highway and through the gave an award, there is a political ac- for sure. Maybe upwards of 5 or more deserts sneaking into this country. tion committee with which I am affili- million people coming into the country The amount of trash that is depos- ated, actually I was a founder and do every year illegally. That amounts to, ited all along that border, the pickup certainly support in many ways their let us see, a lot of people every single sites where literally thousands of ille- actions, but have no formal tie with it day certainly, 20,000 maybe, 15 to 20,000 gal aliens will gather after they have anymore. But that was a different people every day if we are going to the walked across the border and will gath- award.

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.088 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H405 I gave an award up in Idaho, the folks sitting in custody while he held now. He will not be extradited by the Eggles Award. This is an award that we them in custody, and took another pic- Mexican government to the United established a couple of years ago to ture as he let them go. He sent both of States because he faces the death pen- memorialize and honor a gentleman by these pictures out. He said here is what alty and/or life imprisonment, which the name of Chris Eggles, who was a I did. I tried to detain them. Here is the Mexican government now calls young individual who worked for the what happened when I talked to the cruel and unusual punishment. But Park Service down in Arizona, Organ immigration and customs officials. that is only one side of the story, be- Pipe Cactus National Park, and he was They walk away. They were here ille- cause there are over 1,000 people now killed. He was killed by illegal aliens gally. Everybody knows it. He knows just from California, over 1,000 murder as they came into the country, escap- it, they know it, the government warrants out for people in California ing from Mexico where they had com- knows it, and they let them walk. alone who have fled to Mexico to avoid mitted four murders just a short time This created quite a stir all over the extradition to the United States. before that. He gave his life in service country. It got a lot of attention, a lot The saddest part about this is a dead to the country. of press attention to this. officer, but the most infuriating part We wanted to have something that A short time thereafter, here is an- about this is that this guy had been recognized that, and we created the other group of illegal aliens in his com- picked up twice before, or three times, Chris Eggles Award. We give it to pub- munity, New Ipswich, New Hampshire, I cannot remember now, and it was for lic officials every year who we think mind you, right? He gathers them all very serious crimes. I think one was at- are doing an outstanding job in trying up, calls the immigration patrol and tempted murder. He should not have to actually deal with the issue of immi- enforcement. They are out there in like been, of course, in the United States. gration reform. 20 minutes. They gather them up, they He had actually been asked to leave It was in that context that I was in send them all up. They do not like the the country. I do not remember if they Idaho. I traveled up there just a short publicity that accrued as a result of forced him out, I think they did. He time ago to give this award to a gen- their unwillingness to do their job the then, of course, came back, because tleman by the name of Robert Vasquez. first time around. there is no security at the border. He Mr. Vasquez is a county commissioner These things are happening every- should not have been in the country. in a county just north of Boise, Idaho. where throughout the Nation. In Colo- Approximately 25 percent of those Mr. Vasquez in this small county in rado, and this is one of the most hor- who are presently incarcerated in our central Idaho is inundated with illegal rible things, and, again, unfortunately, Federal prisons, 25 percent of the peo- aliens. His county eventually came to incidents like the one I am going to de- ple presently incarcerated in our Fed- the conclusion that they had to draw scribe to you are happening all over eral prisons are non-citizens. We do not some attention to the fact that they the country, because we hear from peo- know the exact numbers for the States, were incurring all kinds of costs, espe- ple by the hundreds, by the thousands, but I think in many States it is very cially for health care and incarcer- who have been victimized by people similar to that. ation, of illegal aliens, so Mr. Vasquez here illegally. If the Federal Government were sent a bill to the Mexican government In Colorado a short time ago there doing its job, of course, these people for $2 million asking them to help pay was an accident caused by an illegal would not be in the United States. for the costs of incarcerating Mexican alien. The person in the other vehicle They could not have come here ille- aliens who were in this country ille- was killed. As it turns out, this illegal gally. If they did come here illegally gally and in his county in Idaho. This alien had had had many confrontations and did something wrong, we would is not a State that you would think with the law, had been picked up sev- have either put them in prison for a would be ‘‘affected’’ by illegal immi- eral times, but never had been reported longer time, or, of course, deported gration, but every State is affected, to immigration control. Never. As a re- them. every State. sult, of course, he was allowed to stay 2320 He recently, by the way, asked the in the country. b Governor of the State of Idaho to de- If you get convicted of a crime in the But we do not. We do not pay much clare his county a disaster area be- United States, you are supposed to be attention to it because, of course, there cause of what has happened because of deported immediately. But he was are a lot of pressures that try to push the impact that illegal immigration never reported to them because Den- us away from actually enforcing the has had on his small county. ver, among other reasons, but Denver, law in this country. I just got back from a little place where we believe he was picked up, has These pressures come from a variety called New Ipswich, New Hampshire, this ‘‘sanctuary city’’ policy, where of places. They come from political and that is where I was when we gave they will not report anything to the parties like the Democratic Party that the award that I was discussing earlier. Federal Government about people who sees massive immigration as a source This is an award given by an organiza- are in the community illegally. of voters. They come from the Repub- tion called Team America. It is like- As a result, we have had many in- lican Party who sees massive immigra- wise given to public officials who have stances where illegal aliens were in tion, both legal and illegal, as a source done an outstanding job in trying to fact arrested for some sort of crime, of cheap labor. We get pressures from a deal with and cope with this issue of are either out on bail, served some lot of folks here on the Hill to not look massive illegal immigration into the time, again are out on the street, never carefully at the issue of immigration country. having that violation ever reported to and immigration reform. We gave the award to the police chief immigration control and enforcement, There will be a battle in this House in New Ipswich, Chief Chamberlain. and, therefore, of course, still are able tomorrow, on the Floor of this House This town of New Ipswich has 5,000 peo- to perform other crimes, to do other tomorrow, over a bill that is designed ple, in New Hampshire, mind you. He crimes, which happens all too often, to do a couple of things that des- confronted, stopped a van in his little again in this case in Colorado, or he is perately need to be done. It is referred town, which had 10 illegal immigrants alleged to have done this, I should say. to as the Sensenbrenner bill. I cer- in the van. He called the Immigration Anyway, we get calls like this all the tainly hope that it will pass, and I and Customs Enforcement and they time. think that it will, but the opposition would not come out. They told him, There was a sheriff, a deputy sheriff will be vocal and we will see whether ‘‘Oh, well, ten, let them go. Forget in California, Deputy Sheriff March, we can get through the whole process. about it.’’ He said, ‘‘No, they are here pulled over a guy, walked up to the car, This is simply to say that there illegally, and I don’t want them in my the guy in the car shoots the deputy should be a standard applied for giving community. You should come and get sheriff in the stomach. As he goes driver’s licenses to people, and if them.’’ down, the guy gets out of the car, puts States want to give driver’s licenses to They simply kept telling him, ‘‘No, two more bullets in his head. people who are in this country ille- never mind, it is not a big enough We know exactly who this person is gally, that is fine, we cannot stop deal.’’ So he took a picture of these that did this. He is back in Mexico them, but we can say that they will not

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.090 H08PT1 H406 CONGRESSIONAL RECORD — HOUSE February 8, 2005 be valid for any Federal purpose like throws into this periodically. He says, That is the demand and supply side of getting on an airplane, interstate trav- I am not for amnesty, because I am not this problem. el, commerce, or going into Federal for giving anybody immediate citizen- So I absolutely am in favor of depor- buildings or applying for any sort of ship. Well, good, I am glad. I am very tation for anyone who is here illegally. benefit that Federal dollars are at- happy to hear that, Mr. President, but And I know all of the sad sob stories we tached to. We can do that and we that is about 5 or 10 steps past am- would hear, that they have been here should do that. nesty. That is not amnesty in and of for ages, a long time, they have kids in Also, of course, the other thing that itself, so do not set up these defini- school. Well, I am sorry about that, but the bill does is to plug up some of the tions, create the definition, and then the fact is, if they have broken the law loopholes in our statutes, in our laws, you say, I am against that. to come in, then the penalty is depor- with regard to people who are here as We cannot tell anyone who is here il- tation. And if we can make it easier by refugees, claiming refugee status. legally that they can stay, because if simply not giving them jobs on the one Many of these people have taken ad- we do, then that is amnesty, and if you hand and making it harder for them to vantage of the loopholes. Some of them give amnesty, all you do is encourage cross that border on the other, if we are terrorists or are potential terror- lots of folks, of course, to come here to can make it easier for people to return ists, and they have a record; and they this country, break the law, because to their country of origin and if we do get here and they claim a certain sta- they get rewarded for it. It is as simple not have to go through ‘‘mass deporta- tus, and we have to essentially keep as that. It is a terrible policy to give tions,’’ fine. But anybody who is still them. And if we can stop some of them, people amnesty, to reward people for here after we put those two things in if they are terrorists in the country of breaking the law. place needs to be deported. origin and we know it there, we can Now, the other side does not like us Why are we so afraid of saying that? deny access still. But once they get to use the word because they know That is the law. here, under the present law, if they get Americans do not like it. So they keep Now, if we do not want that law, then here, somehow we can not deport them. trying to figure out how to obfuscate, I think that the gentleman from the We can stop them from coming here be- to pretend that it is not part of their other side of the aisle who proposes his cause they are terrorists, but if they legislation when, of course, it is. We plan for guest workers should also pro- get here somehow, we cannot send will point it out time after time after pose that we stop deporting people who them back under the present law. This time, no matter where they want to are here illegally, just take that away, bill is designed to address these issues. run or where they want to hide or how repeal the law. But if he has the law on There will be a huge fight tomorrow, many dictionaries they want to try to the books, then I suggest that the gen- and the debate will be lengthy and it rewrite. It is amnesty, and we will tleman and anyone else who stands on will be vitriolic and very bitter on this point it out every single time they this floor, who has taken the oath of kind of an issue. bring it up. What they say is that we office to enforce the law, should en- I do hope, of course, as I say, that we do not have a plan, because we say we pass it. But this is the first time since force the law. If they do not like the do not want to do mass deportation and I have been in this Congress now, and law, repeal the law, but do not keep ig- we do not want amnesty, that it is the this will be my seventh year, that I noring the law. It is the worst possible status quo on our side. have actually seen a bill come to the thing to do. Well, let me tell my colleagues right floor with the potential of passage any- We have put forth measures time and now that I would deport anyone who is way, and this bill, having a true reform again on this floor that are truly com- here illegally. I want that understood aspect to it. So I am encouraged by prehensive in nature. We will be intro- clearly. If someone is in this country that, but I know a lot of work yet has ducing a bill of a similar nature in the illegally, the penalty for that is depor- to be done in the area of immigration very near future. It is a very com- tation, and I would, in fact, deport any- reform. prehensive plan, and it deals with the Some of our opponents in this area one who is here illegally. issue of enforcement of our borders, keep putting bills forward that they Let me also hasten to say that our and it also deals with the enforcement say are true remedies and they are bills plans include provisions that, in fact, of our laws against people hiring folks that are designed to develop some sort would make that task relatively easy who are here illegally, and it also cre- of guest worker program, but all of because most of the people who are ates a guest worker plan. But that can them with a component that I think is here illegally, if we did what our side is never happen in the absence of the unacceptable to a majority of at least proposing, which is to say secure the other two things, never. It is a sham. the Republicans in this House, I know border, number one; and number two, Any plan that just establishes a to a majority of Americans it is unac- go after the employer who is creating guest worker program without border ceptable, and that component is this the demand in the first place. security is a sham. No one thinks anything called ‘‘amnesty.’’ Actually enforce the law. That is all thing like that could work. I will not There was a Member on the Floor not our side says, enforce the law. impugn their motives, because who too long ago, a proponent of this par- There is a law against coming into knows why. A lot of folks have dif- ticular kind of plan who kept saying this country illegally. We do not en- ferent reasons for pushing this concept that we should not call these things force it. There is a law against people of amnesty and ignoring the 20 million ‘‘amnesty.’’ He is trying to emulate hiring people who come into this coun- people who are here illegally. try illegally. We do not enforce it. But Bill Clinton, when President Clinton at b 2330 the time kept redefining terms in order if we did, if we did this weird, wild, to suit his own agenda. We all remem- wonderful, strange concept of enforcing But we cannot do it. It is not good ber it all depends on what the defini- the laws we have on the books, we public policy, and there are ways to ad- tion of ‘‘is’’ is, that famous line. The would see a significant reduction in the dress the issue. What is encouraging, same thing here. number of people who are here ille- Mr. Speaker, is that I have determined Well, what is it? We are going to do gally, because they would not have a shift in attitude on the part of this this, but we do not want to call it ‘‘am- jobs, hopefully they would not get ben- House, especially members of the Re- nesty,’’ and we should not say ‘‘am- efits and hopefully they would return publican side who have for whatever nesty,’’ because people do not like am- to their countries of origin. And then reason seen the light and are now much nesty, so we will not call it ‘‘amnesty.’’ you can establish some sort of guest more enthusiastic in terms of their Now, it is amnesty if you tell people worker program perhaps to allow peo- willingness to do something about this who are here illegally that if they just ple into this country in an orderly issue. Maybe it is because Members of come and tell us who they are, they fashion to end, as the President says, the other side in even the other body, can stay, that is amnesty. That is what the chaos on the border. in this case particularly HILLARY CLIN- amnesty is. That is the definition of But it is idiotic to suggest that we TON not too long ago stated her ada- amnesty. could have a guest worker program if mant opposition to illegal immigrants Now, there are a whole bunch of we do not secure the border on one end coming into this country, wanted those things, other things that the President and go after the employer on the other. borders defended.

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.092 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H407 There is a bit of humor there because thing to do to pass them, especially and talking about this and going on I cannot for a minute believe that it is, when you have that kind of opposition, television about it. It is great. I am I do not know how deep seated the feel- the entire political establishment op- happy to have the support of every sin- ing is. It does not matter. When HIL- posed to you. But the measure passed. gle one of them. I will happily turn LARY CLINTON says that, it sends a mes- It passed with 56 percent of the vote. over the role of immigration reform sage pretty loud and clear to the rest But even more important, more amaz- leader to those who have positions of of us that, politically speaking, we are ingly, more shocking to many people authority in this body which I do not on the right side of this issue. here, although it was not surprising to have and probably never will. The American public wants and de- me, 47 percent of those who voted for I like to see a committee chairman mands immigration reform. They want the amendment were Hispanic. So all on our side. I like to see people as an end to illegal immigration. They those old canards, those things we prominent as Mrs. CLINTON on the want a reduction of the number of ille- hear, if you do this no Hispanic Amer- other side on this issue. It is fine with gal immigrants into the country, and ican would ever vote for you if you do me because what it tells the rest of us we better start understanding that things like this. If you do things like is that it is politically acceptable now that is the mood of the country and re- what? Enforce the law? to move in the direction of immigra- spond to it. That is the nature of the Do Hispanics not want the law en- tion reform. And we will be moving system. That is exactly what we are forced in this country? How many of that way I think tomorrow. We should supposed to be doing here, and it is them have come here illegally? Many have to keep our eyes on it. The opponents will not simply walk happening. I have certainly seen it, and in my State have been here many gen- away from the battle, but they know I am glad of it. erations before my grandparents got they are on the defensive, and they are I think perhaps the most significant here in the late 1890’s. They have a becoming very concerned about that, event of which I am aware in terms of stake in the Nation. They have a part as well they should because the tide is its impact on this debate was the pas- of the Nation. They are Americans turning. And we will be, I think, able sage of Proposition 200 in Arizona. Mr. first. They want secure borders. They to say by the end of this legislative ses- Speaker, this was a fascinating sort of want the ability for American citizens, sion that we have actually won some exercise in democracy. The people of Hispanics, yes, Hispanic by ethnicity battles, that we have actually brought the State of Arizona recognized that to be able to compete in the market- the issue to the fore and been success- the Federal Government has essen- place for jobs. They know that people ful in many different ways. tially left them high and dry. The bor- who are coming across these borders So I just want to say in conclusion, ders are undefended. They are the fun- create competition at the lowest level, Mr. Speaker, that every night when I nel, Arizona had become the funnel the lowest rung of the economic ladder do a Special Order and I go back, usu- through which hundreds of thousands for low-paid, low-skilled jobs. So Amer- ally the fax machines are going and the of people, in fact, millions of people, a icans with few skills find it harder and e-mails are coming in and the phones year were coming across the borders of harder to ever work their way out of are ringing from people who have felt Mexico and the United States into this poverty. strongly about this for a long time; and country. Their social services were When people talk about being com- they come from all over the country, being depleted. Hospitals, schools, all passionate when you look at this issue, they come from every area of the coun- the things I talked about, the rates of I ask them to be compassionate about try, north, south, east and west, small crime committed by people, illegal American citizens. I mention that the towns, large towns and from people aliens was rising dramatically. Incar- people in New Ipswich, the 10 that were with Hispanic surnames, because it is ceration rates were therefore up. taken into custody by Chief Chamber- just so true that this issue does in fact So the people finally got a belly full lain, I neglected to tell you they touch a nerve Americans. It touches a of it, and they could get no satisfaction worked for a roofing company, accord- nerve with Americans. from the Federal Government. They ing to the police chief, and they were b 2340 could get no satisfaction from the paid $18 a day for their labor. State government. Most of the people Now, I often hear that people are They want to keep America a place there were afraid to touch this thing, only coming for jobs that no American in which they can be proud, and they and the people in government were wants. Well, for $18 a day, yeah, it is want to keep our borders secure, and afraid to touch it. In fact, every Mem- hard to get an American to take a job they want to be able to pass on a bit of ber of the Congress, everybody from like that. That is true. But for those America to their children and grand- the Arizona delegation opposed it, Re- who say, as the President does and oth- children, and of course, in that endeav- publican and Democrat. The two Sen- ers on the floor, that we just have to or, I wish them and us all the best. ators opposed it. match every willing worker for every f I should back up and say, as a result willing employer, I say think that LEAVE OF ABSENCE of being so frustrated, the people of Ar- through. Do you mean that? izona put an initiative on the ballot. It Willing worker. You have willing By unanimous consent, leave of ab- said a number of things. One was that workers for $18 a day. Are you willing sence was granted to: Ms. ESHOO (at the request of Ms. if you are not here in this country le- to bring them here and allow them to PELOSI) for today and the balance of gally, you cannot get social service compete against an American worker? the week on account of illness in the benefits in the State of Arizona. It also How about the guy who is willing to family. said that you are going to have to work for 16, 15, 14, 13? You will find Mr. ETHERIDGE (at the request of Ms. prove you are a citizen if you are going somebody in the world willing to come PELOSI) for today on account of med- to vote in Arizona. here and work for less than the guy ical reasons. These are pretty radical ideas. Ideas who is presently employed here. The Mr. HINCHEY (at the request of Ms. that everybody wanted to run away Federal Government has no role in PELOSI) for today and the balance of from, the establishment wanted to run this, I ask? No role in trying to control the week on account of illness. away from for fear, among other those borders and thereby, yes, prop up Mr. SNYDER (at the request of Ms. things, that anybody connected with it wages. PELOSI) for today and the balance of would be seen as a racist. Well, they go Yes, it is true, propping up wages is a the week on account of illness. ahead and put the issue on the ballot. result of controlling your borders. That Mr. STUPAK (at the request of Ms. And, I mean, all the newspapers came is true. But this is the difficulty we PELOSI) for today and the balance of out against it; both parties came out face here. the week on account of medical rea- against it. The proponents were out- But as I say, Mr. Speaker, I think sons. spent, I think, 21⁄2 to 1 by the oppo- things are changing. I think Prop 200 Mr. LOBIONDO (at the request of Mr. nents. sent a message that was heard by many DELAY) for today on account of attend- Mr. Speaker, I have put issues on the people who are politically astute, HIL- ing the memorial service of a con- ballot in Colorado in the past. I know LARY CLINTON being one, of course, stituent who was killed in the line of how hard it is. It is a very difficult many others now who I see standing up service in Iraq.

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.094 H08PT1 H408 CONGRESSIONAL RECORD — HOUSE February 8, 2005 SPECIAL ORDERS GRANTED ket Promotion Activities Under Marketing Residence Water Lead Level Test Act of Order Programs [Docket No. FV03–900–1 FR] 2004,’’ pursuant to D.C. Code section 1– By unanimous consent, permission to received January 21, 2005, pursuant to 5 233(c)(1); to the Committee on Government address the House, following the legis- U.S.C. 801(a)(1)(A); to the Committee on Ag- Reform. lative program and any special orders riculture. 620. A letter from the Chairman, Council of heretofore entered, was granted to: 607. A letter from the Acting Under Sec- the District of Columbia, transmitting a (The following Members (at the re- retary for Rural Development, Department copy of D.C. ACT 15–702, ‘‘Closing of a Por- quest of Ms. LORETTA SANCHEZ of Cali- of Agriculture, transmitting the Depart- tion of a Public Alley in Square 2032, S.O. 02– fornia) to revise and extend their re- ment’s final rule — Guaranteed Rural Rental 5133, Act of 2004,’’ pursuant to D.C. Code sec- Housing Program; Secondary Mortgage Mar- marks and include extraneous mate- tion 1–233(c)(1); to the Committee on Govern- ket Participation (RIN: 0575–AC28) received ment Reform. rial:) January 19, 2005, pursuant to 5 U.S.C. 621. A letter from the Chairman, Council of Mrs. MCCARTHY, for 5 minutes, today. 801(a)(1)(A); to the Committee on Financial the District of Columbia, transmitting a Mr. EMANUEL, for 5 minutes, today. Services. copy of D.C. ACT 15–704, ‘‘Department of Mr. BROWN of Ohio, for 5 minutes, 608. A letter from the Regulations Coordi- Motor Vehicles Reform Amendment Act of today. nator, Department of Health and Human 2004,’’ pursuant to D.C. Code section 1– Ms. WOOLSEY, for 5 minutes, today. Services, transmitting the Department’s 233(c)(1); to the Committee on Government final rule — Establishment of Vaccination Mr. SCHIFF, for 5 minutes, today. Reform. Clinics; User Fees for Investigational New 622. A letter from the Chairman, Council of Mr. DEFAZIO, for 5 minutes, today. Drug (IND) Influenza Vaccine Services and the District of Columbia, transmitting a Mr. DAVIS of Illinois, for 5 minutes, Vaccines (RIN: 0920–AA11) received January copy of D.C. ACT 15–715, ‘‘School Safety and today. 21, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Security Contracting Procedures Temporary Mr. PALLONE, for 5 minutes, today. the Committee on Energy and Commerce. Act of 2004,’’ pursuant to D.C. Code section 1– Mr. SCOTT of Georgia, for 5 minutes, 609. A letter from the Secretary, Depart- 233(c)(1); to the Committee on Government today. ment of Education, transmitting a report, Reform. covering FY 2004, concerning surplus Federal Ms. KAPTUR, for 5 minutes, today. 623. A letter from the Chairman, Council of real property disposed of to educational in- the District of Columbia, transmitting a Ms. CORRINE BROWN of Florida, for 5 stitutions, pursuant to 40 U.S.C. 484(o)(1); to minutes, today. copy of D.C. ACT 15–705, ‘‘Restaurant Can- the Committee on Government Reform. dles Permission Amendment Act of 2004,’’ Ms. JACKSON-LEE of Texas, for 5 min- 610. A letter from the Chairman, Council of pursuant to D.C. Code section 1–233(c)(1); to utes, today. the District of Columbia, transmitting a the Committee on Government Reform. (The following Members (at the re- copy of D.C. ACT 15–690, ‘‘Jenkins Row Eco- 624. A letter from the Chairman, Council of quest of Mr. BOUSTANY) to revise and nomic Development Act of 2004,’’ pursuant to the District of Columbia, transmitting a extend their remarks and include ex- D.C. Code section 1–233(c)(1); to the Com- copy of D.C. ACT 15–716, ‘‘Child and Youth, mittee on Government Reform. Safety and Health Omnibus Second Tem- traneous material:) 611. A letter from the Chairman, Council of porary Amendment Act of 2004,’’ pursuant to Mr. KELLER, for 5 minutes, today. the District of Columbia, transmitting a D.C. Code section 1–233(c)(1); to the Com- Mr. THOMAS, for 5 minutes, today. copy of D.C. ACT 15–691, ‘‘Apprenticeship Re- mittee on Government Reform. Mr. BURTON of Indiana, for 5 minutes, quirements Amendment Act of 2004,’’ pursu- 625. A letter from the Chairman, Council of ant to D.C. Code section 1–233(c)(1); to the today and February 9 and 10. the District of Columbia, transmitting a Committee on Government Reform. Mr. GINGREY, for 5 minutes, today. copy of D.C. ACT 15–714, ‘‘District Govern- 612. A letter from the Chairman, Council of Mr. FLAKE, for 5 minutes, today. ment Reemployment Annuitant Offset Alter- the District of Columbia, transmitting a Mr. HOEKSTRA, for 5 minutes, today. native Temporary Amendment Act of 2004,’’ copy of D.C. ACT 15–692, ‘‘Minimum Wage pursuant to D.C. Code section 1–233(c)(1); to Mr. POMBO, for 5 minutes, today. Amendment Act of 2004,’’ pursuant to D.C. the Committee on Government Reform. Mr. JONES of North Carolina, for 5 Code section 1–233(c)(1); to the Committee on 626. A letter from the Chairman, Council of minutes, February 10. Government Reform. 613. A letter from the Chairman, Council of the District of Columbia, transmitting a f the District of Columbia, transmitting a copy of D.C. ACT 15–701, ‘‘Distracted Driving ADJOURNMENT copy of D.C. ACT 15–696, ‘‘Low-Income Hous- Safety Revised Amendment Act of 2004,’’ ing Tax Credit Fund Act of 2004,’’ pursuant pursuant to D.C. Code section 1–233(c)(1); to Mr. TANCREDO. Mr. Speaker, I move to D.C. Code section 1–233(c)(1); to the Com- the Committee on Government Reform. that the House do now adjourn. mittee on Government Reform. 627. A letter from the Chairman, Council of The motion was agreed to; accord- 614. A letter from the Chairman, Council of the District of Columbia, transmitting a ingly (at 11 o’clock and 40 minutes the District of Columbia, transmitting a copy of D.C. ACT 15–713, ‘‘Bonus Deprecia- p.m.), the House adjourned until to- copy of D.C. ACT 15–693, ‘‘Retail Service Sta- tion De-Coupling Temporary Act of 2004,’’ tion Amendment Act of 2004,’’ pursuant to pursuant to D.C. Code section 1–233(c)(1); to morrow, Wednesday, February 9, 2005, the Committee on Government Reform. at 10 a.m. D.C. Code section 1–233(c)(1); to the Com- mittee on Government Reform. 628. A letter from the Chairman, Council of f 615. A letter from the Chairman, Council of the District of Columbia, transmitting a the District of Columbia, transmitting a copy of D.C. ACT 15–706, ‘‘Domestic Partner- EXECUTIVE COMMUNICATIONS, copy of D.C. ACT 15–694, ‘‘Free Clinic Assist- ship Protection Amendment Act of 2004,’’ ETC. ance Program Extension Amendment Act of pursuant to D.C. Code section 1–233(c)(1); to the Committee on Government Reform. Under clause 8 of rule XII, executive 2004,’’ pursuant to D.C. Code section 1– 629. A letter from the Chairman, Council of communications were taken from the 233(c)(1); to the Committee on Government Reform. the District of Columbia, transmitting a Speaker’s table and referred as follows: 616. A letter from the Chairman, Council of copy of D.C. ACT 15–711, ‘‘Public Congestion 604. A letter from the Executive Director, the District of Columbia, transmitting a and Venue Protection Temporary Amend- Commodity Futures Trading Commission, copy of D.C. ACT 15–697, ‘‘Retirement Re- ment Act of 2004,’’ pursuant to D.C. Code sec- transmitting the Commission’s final rule — form Act Amendment Act of 2004,’’ pursuant tion 1–233(c)(1); to the Committee on Govern- Application Procedures for Registration as a to D.C. Code section 1–233(c)(1); to the Com- ment Reform. Derivatives Transaction Execution Facility mittee on Government Reform. 630. A letter from the Chairman, Council of or Designation as a Contract Market (RIN: 617. A letter from the Chairman, Council of the District of Columbia, transmitting a 3038–AC14) received January 24, 2005, pursu- the District of Columbia, transmitting a copy of D.C. ACT 15–710, ‘‘Real Property Dis- ant to 5 U.S.C. 801(a)(1)(A); to the Committee copy of D.C. ACT 15–699, ‘‘Skyland Site Ac- position Economic Analysis Second Tem- on Agriculture. quisition Support Act of 2004,’’ pursuant to porary Amendment Act of 2004,’’ pursuant to 605. A letter from the Acting Adminis- D.C. Code section 1–233(c)(1); to the Com- D.C. Code section 1–233(c)(1); to the Com- trator, FSIS, Department of Agriculture, mittee on Government Reform. mittee on Government Reform. transmitting the Department’s final rule — 618. A letter from the Chairman, Council of 631. A letter from the Chairman, Council of Uniform Compliance Date for Food Labeling the District of Columbia, transmitting a the District of Columbia, transmitting a Regulations [Docket No. 03–026F] (RIN: 0583– copy of D.C. ACT 15–698, ‘‘Closing of a Por- copy of D.C. ACT 15–712, ‘‘Estate and Inherit- AD05) received January 19, 2005, pursuant to tion of Public Alley in Square 5196, S.O. 02– ance Tax Clarification Temporary Act of 5 U.S.C. 801(a)(1)(A); to the Committee on 2763, Act of 2004,’’ pursuant to D.C. Code sec- 2004,’’ pursuant to D.C. Code section 1– Agriculture. tion 1–233(c)(1); to the Committee on Govern- 233(c)(1); to the Committee on Government 606. A letter from the Administrator, AMS, ment Reform. Reform. Department of Agriculture, transmitting the 619. A letter from the Chairman, Council of 632. A letter from the Chairman, Council of Department’s final rule — Exemption of Or- the District of Columbia, transmitting a the District of Columbia, transmitting a ganic Handlers From Assessments for Mar- copy of D.C. ACT 15–700, ‘‘Multiple Dwelling copy of D.C. ACT 15–709, ‘‘Certificate of Title

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.098 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H409 Excise Tax Exemption Temporary Amend- and Space Administration, transmitting the 658. A letter from the Assistant Secretary, ment Act of 2004,’’ pursuant to D.C. Code sec- Administration’s final rule — Federal Acqui- Employee Benefits Security Administration, tion 1–233(c)(1); to the Committee on Govern- sition Circular 2001–26; Introduction — re- Department of Labor, transmitting the De- ment Reform. ceived January 3, 2005, pursuant to 5 U.S.C. partment’s ‘‘Major’’ final rule — Final Regu- 633. A letter from the Chairman, Council of 801(a)(1)(A); to the Committee on Govern- lations for Health Coverage Portability for the District of Columbia, transmitting a ment Reform. Group Health Plans and Group Health Insur- copy of D.C. ACT 15–737, ‘‘Operation Endur- 647. A letter from the Deputy Chief Acqui- ance under HIPAA Titles I & IV (RIN: 1210– ing Freedom and Operation Iraqi Freedom sition Officer, GSA, National Aeronautics AA54) received December 30, 2004, pursuant Active Duty Pay Differential Extension Sec- and Space Administration, transmitting the to 5 U.S.C. 801(a)(1)(A); to the Committee on ond Temporary Amendment Act of 2004,’’ Administration’s final rule — Federal Acqui- Ways and Means. pursuant to D.C. Code section 1–233(c)(1); to sition Circular 2001–27; Introduction — re- 659. A letter from the Acting Chief, Publi- the Committee on Government Reform. ceived January 13, 2005, pursuant to 5 U.S.C. cations and Regulations Branch, Internal 634. A letter from the Chairman, Council of 801(a)(1)(A); to the Committee on Govern- Revenue Service, transmitting the Service’s the District of Columbia, transmitting a ment Reform. final rule — Domestic reinvestment plans copy of D.C. ACT 15–717, ‘‘Ballpark Omnibus 648. A letter from the Deputy Archivist, and other guidance under section 965 [Notice Financing and Revenue Act of 2004,’’ pursu- National Archives and Records Administra- 2005–10] received January 14, 2005, pursuant ant to D.C. Code section 1–233(c)(1); to the tion, transmitting the Administration’s final to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Government Reform. rule — Records Management; Unscheduled Ways and Means. 635. A letter from the Chairman, Council of Records (RIN: 3095–AB41) received December 660. A letter from the Acting Chief, Publi- the District of Columbia, transmitting a 7, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to cations and Regulations Branch, Internal copy of D.C. ACT 15–736, ‘‘Depreciation Al- the Committee on Government Reform. Revenue Service, transmitting the Service’s lowance for Small Business De-Coupling 649. A letter from the Deputy Director, Of- final rule — Additional Relief for Like-Kind from the Internal Revenue Code Second fice of Administration and Information Man- Exchanges for Which Deadlines May Be Post- Temporary Act of 2004,’’ pursuant to D.C. agement, Office of Government Ethics, poned Under Sections 7508 and 7508A of the Code section 1–233(c)(1); to the Committee on transmitting a report pursuant to the Fed- Internal Revenue Code [Notice 2005–3] re- Government Reform. eral Vacancies Reform Act of 1998; to the ceived January 14, 2005, pursuant to 5 U.S.C. 636. A letter from the Chairman, Council of Committee on Government Reform. 801(a)(1)(A); to the Committee on Ways and the District of Columbia, transmitting a 650. A letter from the Director, Office of Means. copy of D.C. ACT 15–703, ‘‘Closing of a Public Personnel Management, transmitting the Of- 661. A letter from the Chief, Publications Alley in Square 317, S.O. 04–7832, Act of 2004,’’ fice’s final rule — General Schedule Locality and Regulations Branch, Internal Revenue pursuant to D.C. Code section 1–233(c)(1); to Pay Areas (RIN: 3206–AJ45) received Decem- Service, transmitting the Service’s final rule the Committee on Government Reform. ber 29, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); — Returns Required on Magnetic Media [TD 637. A letter from the Chairman, Council of to the Committee on Government Reform. the District of Columbia, transmitting a 651. A letter from the Director, Office of 9175] (RIN: 1545–BE19) received January 14, copy of D.C. ACT 15–735, ‘‘Water Pollution Personnel Management, transmitting the Of- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Control Temporary Amendment Act of 2004,’’ fice’s final rule — Senior Executive Service Committee on Ways and Means. 662. A letter from the Regulations Coordi- pursuant to D.C. Code section 1–233(c)(1); to Pay and Performance Awards; Aggregate nator, Centers for Medicare & Medicaid Serv- the Committee on Government Reform. Limitation on Pay (RIN: 3206–AK34) received 638. A letter from the Chairman, Council of December 15, 2004, pursuant to 5 U.S.C. ices, Department of Health and Human Serv- the District of Columbia, transmitting a 801(a)(1)(A); to the Committee on Govern- ices, transmitting the Department’s ‘‘Major’’ copy of D.C. ACT 15–708, ‘‘Studio Theatre, ment Reform. final rule — Medicare Program; Medicare Inc. Economic Assistance Act of 2004,’’ pur- 652. A letter from the Director, Office of Prescription DrugBenefit [CMS–4068–F] (RIN: suant to D.C. Code section 1–233(c)(1); to the Personnel Management, transmitting the Of- 0938–AN08) received January 21, 2005, pursu- Committee on Government Reform. fice’s final rule — Federal Employees’ Re- ant to 5 U.S.C. 801(a)(1)(A); jointly to the 639. A letter from the Chairman, Council of tirement System; Death Benefits and Em- Committees on Energy and Commerce and the District of Columbia, transmitting a ployee Refunds (RIN: 3206–AK57) received De- Ways and Means. copy of D.C. ACT 15–707, ‘‘Dedication and cember 27, 2004, pursuant to 5 U.S.C. 663. A letter from the Regulations Coordi- Designation of Portions of New Jersey Ave- 801(a)(1)(A); to the Committee on Govern- nator, Centers for Medicare & Medicaid Serv- nue S.E., 4th St., S.E., and Tingey Street, ment Reform. ices, Department of Health and Human Serv- S.E., S.O. 03–1420, Act of 2004,’’ pursuant to 653. A letter from the Executive Secretary ices, transmitting the Department’s ‘‘Major’’ D.C. Code section 1–233(c)(1); to the Com- and Chief of Staff, U.S. Agency for Inter- final rule — Medicare Program; Establish- mittee on Government Reform. national Development, transmitting a report ment of the Medicare Advantage Program 640. A letter from the Director, Office of pursuant to the Federal Vacancies Reform [CMS–4069–F] (RIN: 0938–AN06) received Jan- Procurement of Property Management, De- Act of 1998; to the Committee on Govern- uary 21, 2005, pursuant to 5 U.S.C. partment of Agriculture, transmitting the ment Reform. 801(a)(1)(A); jointly to the Committees on Department’s final rule — Agriculture Ac- 654. A letter from the Chairman, Board of Ways and Means and Energy and Commerce. quisition Regulation: Miscellaneous Amend- Governors, United States Postal Service, f ments (AGAR Case 2004–01) (RIN: 0599–AA11) transmitting a copy of the annual report in received January 10, 2005, pursuant to 5 compliance with the Government in the Sun- REPORTS OF COMMITTEES ON U.S.C. 801(a)(1)(A); to the Committee on Gov- shine Act covering the calendar year 2004, PUBLIC BILLS AND RESOLUTIONS ernment Reform. pursuant to 5 U.S.C. 552b(j); to the Com- Under clause 2 of rule XIII, reports of 641. A letter from the Director, Office of mittee on Government Reform. 655. A letter from the Rules Administrator, committees were delivered to the Clerk White House Liaison, Department of Com- for printing and reference to the proper merce, transmitting a report pursuant to the Bureau of Prisons, Department of Justice, Federal Vacancies Reform Act of 1998; to the transmitting the Department’s ‘‘Major’’ calendar, as follows: Committee on Government Reform. final rule — Community Confinement [BOP Mr. SESSIONS: Committee on Rules. 642. A letter from the Director, Office of Docket No. 1127–F] (RIN: 1120–AB27) received House Resolution 71. Resolution providing White House Liaison, Department of Com- January 31, 2005, pursuant to 5 U.S.C. for consideration of the bill (H.R. 418) to es- merce, transmitting a report pursuant to the 801(a)(1)(A); to the Committee on the Judici- tablish and rapidly implement regulations Federal Vacancies Reform Act of 1998; to the ary. for State driver’s license and identification Committee on Government Reform. 656. A letter from the General Counsel, Ex- document security standards, to prevent ter- 643. A letter from the Human Resources ecutive Office for Immigration Review, De- rorists from abusing the asylum laws of the Specialist, Department of Labor, transmit- partment of Justice, transmitting the De- United States, to unify terrorism-related ting a report pursuant to the Federal Vacan- partment’s final rule — Execution of Re- grounds for inadmissibility and removal, and cies Reform Act of 1998; to the Committee on moval Orders; Countries to Which Aliens to ensure expeditious construction of the Government Reform. May Be Removed [EOIR No. 146F; AG Order San Diego border fence (Rept. 109–3). Re- 644. A letter from the Chairman & CEO, No. 2746–2004] (RIN: 1125–AA50) received Jan- ferred to the House Calendar. uary 9, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); Farm Credit Administration, transmitting f the FY 2004 report pursuant to the Federal to the Committee on the Judiciary. Managers’ Financial Integrity Act, pursuant 657. A letter from the Regulations Coordi- PUBLIC BILLS AND RESOLUTIONS nator, Department of Health and Human to 31 U.S.C. 3512(c)(3); to the Committee on Under clause 2 of rule XII, public Government Reform. Services, transmitting the Department’s 645. A letter from the Comptroller General, ‘‘Major’’ final rule — Final Regulations for bills and resolutions were introduced General Accounting Office, transmitting the Health Coverage Portability for Group and severally referred, as follows: Office’s Performance and Accountability Re- Health Plans and Group Health Insurance By Mr. BOEHNER (for himself and Mr. port for FY 2004, pursuant to 31 U.S.C. 719; to Issuers under HIPAA Titles I & IV (RIN: MCKEON): the Committee on Government Reform. 0938–AL43) received December 30, 2004, pursu- H.R. 609. A bill to amend and extend the 646. A letter from the Deputy Chief Acqui- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Higher Education Act of 1965; to the Com- sition Officer, GSA, National Aeronautics on Ways and Means. mittee on Education and the Workforce.

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By Mrs. BIGGERT (for herself and Mr. By Mr. BEAUPREZ: SON, Mrs. MUSGRAVE, Mr. HINCHEY, BOEHLERT): H.R. 619. A bill to amend title 40, United Mr. JOHNSON of Illinois, Mr. SHIMKUS, H.R. 610. A bill to provide for Federal en- States Code, to authorize the Administrator Mr. TERRY, Ms. NORTON, and Mr. ergy research, development, demonstration, of General Services to lease and redevelop HAYWORTH): and commercial application activities, and certain Federal property on the Denver Fed- H.R. 625. A bill to amend the Internal Rev- for other purposes; to the Committee on eral Center in Lakewood, Colorado; to the enue Code of 1986 to allow the Hope Scholar- Science, and in addition to the Committees Committee on Transportation and Infra- ship Credit to cover fees, books, supplies, and on Energy and Commerce, and Resources, for structure. equipment and to exempt Federal Pell a period to be subsequently determined by By Ms. JACKSON-LEE of Texas (for Grants and Federal supplemental edu- the Speaker, in each case for consideration herself, Mr. THOMPSON of Mississippi, cational opportunity grants from reducing of such provisions as fall within the jurisdic- and Mr. MEEHAN): expenses taken into account for the Hope tion of the committee concerned. H.R. 620. A bill to require the Comptroller Scholarship Credit; to the Committee on By Mr. FOLEY (for himself, Mr. RAN- General of the United States to conduct a Ways and Means. GEL, and Mr. SHAW): study on the development and implementa- By Mr. CAMP: H.R. 611. A bill to authorize the establish- tion by States of security measures for driv- H.R. 626. A bill to amend the Internal Rev- ment of a program to provide economic and er’s licenses and identification cards and a enue Code of 1986 to provide tax incentives infrastructure reconstruction assistance to study on the consequences of denying driv- for the production of alternative fuel vehi- the Republic of Haiti, and for other purposes; er’s licenses to aliens unlawfully present in cles; to the Committee on Ways and Means. to the Committee on International Rela- the United States, and for other purposes; to By Ms. DELAURO: tions. the Committee on Transportation and Infra- H.R. 627. A bill to designate the facility of By Mrs. BIGGERT (for herself and Mr. structure, and in addition to the Committee the United States Postal Service located at on Government Reform, for a period to be 40 Putnam Avenue in Hamden, Connecticut, BOEHLERT): subsequently determined by the Speaker, in H.R. 612. A bill to provide for Federal en- as the ‘‘Linda White-Epps Post Office’’; to each case for consideration of such provi- ergy research, development, demonstration, the Committee on Government Reform. sions as fall within the jurisdiction of the and commercial application activities, and By Mr. EMANUEL (for himself, Mr. committee concerned. for other purposes; to the Committee on SNYDER, Mr. REYES, Mr. ABER- By Mr. BEAUPREZ (for himself and Science. CROMBIE, Mr. GUTIERREZ, Mr. HIN- Mr. BARRETT of South Carolina): By Mr. BEAUPREZ: CHEY, Mrs. MALONEY, Mr. PAYNE, Ms. H.R. 621. A bill to amend the Internal Rev- H.R. 613. A bill to prohibit the sale of any WOOLSEY, Mr. BERRY, Mr. KENNEDY of enue Code of 1986 to allow penalty-free with- Rhode Island, Mr. ENGEL, and Ms. alcohol without liquid machine without pre- drawals from retirement plans during the pe- market approval, and for other purposes; to DELAURO): riod that a military reservist or national H.R. 628. A bill to amend the Public Health the Committee on Energy and Commerce. guardsman is called to active duty for an ex- Service Act to provide for an influenza vac- By Mr. MCINTYRE: tended period, and for other purposes; to the cine awareness campaign, ensure a sufficient H.R. 614. A bill to amend the Internal Rev- Committee on Ways and Means. influenza vaccine supply, and prepare for an enue Code of 1986 to provide tax incentives By Mrs. BONO (for herself and Mr. influenza pandemic or epidemic, to amend and job training grants for communities af- MARKEY): the Internal Revenue Code of 1986 to encour- fected by the migration of businesses and H.R. 622. A bill to reauthorize and revise age vaccine production capacity, and for jobs to Canada or Mexico as a result of the the Renewable Energy Production Incentive other purposes; to the Committee on Energy North American Free Trade Agreement; to program, and for other purposes; to the Com- and Commerce, and in addition to the Com- the Committee on Ways and Means, and in mittee on Energy and Commerce. mittee on Ways and Means, for a period to be addition to the Committee on Education and By Mr. BOOZMAN (for himself, Mr. subsequently determined by the Speaker, in the Workforce, for a period to be subse- KENNEDY of Minnesota, Mr. DUNCAN, each case for consideration of such provi- quently determined by the Speaker, in each Mr. GARRETT of New Jersey, Mr. sions as fall within the jurisdiction of the case for consideration of such provisions as PEARCE, Mr. DAVIS of Tennessee, Mr. committee concerned. fall within the jurisdiction of the committee MATHESON, Mr. LEWIS of Kentucky, By Mr. FALEOMAVAEGA: concerned. Mr. WILSON of South Carolina, Mr. H.R. 629. A bill to extend the possession tax By Mr. HALL (for himself, Mr. GOODE, MILLER of Florida, Mr. JOHNSON of Il- credit with respect to American Samoa an Mr. DUNCAN, Mr. SAXTON, Mr. TAYLOR linois, Mr. EHLERS, Mr. BROWN of additional 10 years; to the Committee on of North Carolina, Mr. KILDEE, Mr. South Carolina, Mr. OTTER, Mr. SIMP- Ways and Means. WEXLER, Mr. GILLMOR, Mr. GORDON, SON, Mr. BERRY, Mr. PAUL, Mr. By Mr. GRIJALVA: Mr. SCHIFF, Mr. RAHALL, Mr. PAUL, SHIMKUS, Mr. WAMP, Mr. PETERSON of H.R. 630. A bill to authorize the Secretary Mrs. MALONEY, Mrs. BONO, Mr. Minnesota, and Mr. TERRY): of the Interior to convey certain Federal MCCOTTER, and Mr. WILSON of South H.R. 623. A bill to allow an operator of a lands to the City of Yuma, Arizona, in ex- Carolina): commercial motor vehicle breaks in a daily change for certain lands owned by the City H.R. 615. A bill to amend title II of the So- tour of duty; to the Committee on Transpor- of Yuma, Arizona, and for other purposes; to cial Security Act to allow workers who at- tation and Infrastructure. the Committee on Resources. tain age 65 after 1981 and before 1992 to By Mr. CAMP (for himself, Mr. By Mr. GRIJALVA: choose either lump sum payments over four PASCRELL, Mrs. MILLER of Michigan, H.R. 631. A bill to provide for acquisition of years totalling $5,000 or an improved benefit Mr. HOEKSTRA, Mr. EHLERS, Mr. subsurface mineral rights to land owned by computation formula under a new 10-year ENGLISH of Pennsylvania, Mr. ABER- the Pascua Yaqui Tribe and land held in rule governing the transition to the changes CROMBIE, Mr. LATOURETTE, Mr. trust for the Tribe, and for other purposes; to in benefit computation rules enacted in the TERRY, Ms. MILLENDER-MCDONALD, the Committee on Resources. Social Security Amendments of 1977, and for Mrs. CAPITO, Mr. KILDEE, Mr. SKEL- By Mr. HEFLEY (for himself, Mr. other purposes; to the Committee on Ways TON, Mr. MCHUGH, Mr. GRIJALVA, UDALL of Colorado, Mr. SALAZAR, and and Means. Mrs. JO ANN DAVIS of Virginia, Mr. Ms. DEGETTE): By Mr. BACA (for himself, Mr. HOLDEN, SMITH of New Jersey, Mrs. JONES of H.R. 632. A bill to require the Secretary of Mr. WYNN, Mr. PALLONE, Ms. CARSON, Ohio, Ms. LORETTA SANCHEZ of Cali- the Army to carry out a pilot project on Mrs. JONES of Ohio, Mr. SCOTT of fornia, Ms. BORDALLO, Mr. MENENDEZ, compatible use buffers on real property bor- Georgia, Mr. SANDERS, Mr. MOORE of and Mr. SHIMKUS): dering Fort Carson, Colorado, and for other Kansas, Mrs. TAUSCHER, Mr. FOLEY, H.R. 624. A bill to amend the Federal Water purposes; to the Committee on Armed Serv- Mr. CARDOZA, Mr. BISHOP of Georgia, Pollution Control Act to authorize appro- ices. Mrs. LOWEY, and Mr. GENE GREEN of priations for sewer overflow control grants; By Mr. HOYER (for himself, Ms. KIL- Texas): to the Committee on Transportation and In- PATRICK of Michigan, Mr. VAN H.R. 616. A bill to provide for reduction in frastructure. HOLLEN, Mr. FORD, Mr. HOLDEN, Mr. the backlog of claims for benefits pending By Mr. CAMP (for himself, Mr. MCGOV- SERRANO, Ms. MILLENDER-MCDONALD, with the Department of Veterans Affairs; to ERN, Mr. PAUL, Mr. WELLER, Mr. Mr. MORAN of Virginia, Mr. the Committee on Veterans’ Affairs. DOYLE, Mr. HOLDEN, Ms. CORRINE GRIJALVA, Ms. WOOLSEY, Mr. MAR- By Mr. BAKER: BROWN of Florida, Mr. VAN HOLLEN, KEY, Mr. LANTOS, Mr. HINCHEY, Ms. H.R. 617. A bill to suspend temporarily the Mr. FOLEY, Mr. GUTIERREZ, Mr. WATERS, Ms. CORRINE BROWN of Flor- duty on p-nitrobenzoic acid (PNBA); to the SCHIFF, Mr. BARTLETT of Maryland, ida, Mr. NADLER, Mr. OWENS, Mrs. Committee on Ways and Means. Mr. MCDERMOTT, Mr. FILNER, Mrs. MALONEY, Mr. ACKERMAN, Mr. SCHIFF, By Mr. BEAUPREZ: WILSON of New Mexico, Mr. MCHUGH, Mr. CUMMINGS, Mr. DAVIS of Ten- H.R. 618. A bill to amend title 49, United Mr. WEXLER, Mr. ROGERS of Michi- nessee, Mr. HASTINGS of Florida, Mr. States Code, to ensure that the National gan, Mr. WALSH, Mr. LATOURETTE, CROWLEY, Mrs. TAUSCHER, Mr. WAX- Driver Registry includes certain informa- Mr. ENGLISH of Pennsylvania, Mr. MAN, Mr. DAVIS of Illinois, Mr. FIL- tion; to the Committee on Transportation UDALL of New Mexico, Mr. FRANK of NER, Mr. MICHAUD, Mr. and Infrastructure. Massachusetts, Mr. OWENS, Ms. WAT- RUPPERSBERGER, Mr. STRICKLAND,

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Mr. BRADY of Pennsylvania, Mr. ernment policies, and for other purposes; to H.R. 655. A bill to amend part D of title MOORE of Kansas, Mr. OLVER, Mr. the Committee on the Judiciary. XVIII of the Social Security Act to condition FARR, Mr. PRICE of North Carolina, By Mr. KELLER: the payment of employer prescription drug Mrs. MCCARTHY, Mr. ALLEN, Ms. H.R. 650. A bill to establish reasonable subsidies on the maintenance of current pre- JACKSON-LEE of Texas, Mr. GORDON, legal reforms that will facilitate the manu- scription drug benefits; to the Committee on Mr. LIPINSKI, Mr. WOLF, Ms. LINDA T. facture of vital, life-saving vaccines, and for Energy and Commerce, and in addition to SA´ NCHEZ of California, Mr. FRANK of other purposes; to the Committee on Energy the Committee on Ways and Means, for a pe- Massachusetts, Mr. KANJORSKI, Mr. and Commerce, and in addition to the Com- riod to be subsequently determined by the SIMMONS, and Mr. MCHUGH): mittee on the Judiciary, for a period to be Speaker, in each case for consideration of H.R. 633. A bill to amend title 5, United subsequently determined by the Speaker, in such provisions as fall within the jurisdic- States Code, to increase the level of Govern- each case for consideration of such provi- tion of the committee concerned. ment contributions under the Federal em- sions as fall within the jurisdiction of the By Mr. OBERSTAR: ployees health benefits program; to the Com- committee concerned. H.R. 656. A bill to amend title 49, United mittee on Government Reform. By Mr. KING of Iowa (for himself, Mr. States Code, to enhance the safety of the By Ms. JACKSON-LEE of Texas (for SHIMKUS, Mr. LEACH, Mr. LATHAM, commercial human space flight industry; to herself, Mr. CROWLEY, Mr. LIPINSKI, and Mr. NUSSLE): the Committee on Science. Mr. TOWNS, and Ms. KAPTUR): H.R. 651. A bill to amend the Internal Rev- By Mr. PAYNE (for himself, Mr. CAS- H.R. 634. A bill to designate Poland as a enue Code of 1986 to make improvements to TLE, Mr. SCOTT of Virginia, and Mr. program country under the visa waiver pro- assist young farmers and ranchers; to the WOLF): gram established under section 217 of the Im- Committee on Ways and Means. H.R. 657. A bill to award posthumously a migration and Nationality Act, subject to By Mr. LEWIS of Kentucky (for him- congressional gold medal to Thurgood Mar- special conditions; to the Committee on the self, Mr. BAKER, Mr. BEAUPREZ, Mr. shall; to the Committee on Financial Serv- Judiciary. BERRY, Mr. BISHOP of New York, Mrs. ices. By Mrs. JOHNSON of Connecticut (for BLACKBURN, Mr. BLUNT, Mr. BOSWELL, By Mr. PITTS (for himself and Mr. herself, Mr. LIPINSKI, Mr. SHIMKUS, Mrs. CAPITO, Mr. DAVIS of Tennessee, GERLACH): Mr. CROWLEY, and Mr. WEINER): Mr. LINCOLN DIAZ-BALART of Florida, H.R. 658. A bill to amend the Internal Rev- H.R. 635. A bill to designate Poland as a Mr. EHLERS, Mr. ENGLISH of Pennsyl- enue Code of 1986 to exclude from gross in- program country under the visa waiver pro- vania, Mr. FOLEY, Mr. GARRETT of come gain on the sale or exchange of farm- gram established under section 217 of the Im- New Jersey, Mr. GOODE, Mr. GORDON, land development rights; to the Committee migration and Nationality Act; to the Com- Mr. GREEN of Wisconsin, Mr. HAYES, on Ways and Means. mittee on the Judiciary. Mr. HAYWORTH, Mr. HOLDEN, Mr. By Mr. PORTMAN (for himself, Mr. By Ms. KAPTUR: JOHNSON of Illinois, Mr. LARSEN of JEFFERSON, Mrs. JOHNSON of Con- H.R. 636. A bill to suspend temporarily the Washington, Mr. LEWIS of Georgia, necticut, Mr. NEAL of Massachusetts, duty on Allyl Pentaerythritol (APE); to the Mr. MCINTYRE, Mr. MATHESON, Mr. Mr. ENGLISH of Pennsylvania, Mrs. Committee on Ways and Means. GARY G. MILLER of California, Mrs. JONES of Ohio, Mr. TURNER, and Mr. By Ms. KAPTUR: NORTHUP, Mr. PETRI, Mr. PLATTS, Mr. MILLER of North Carolina): H.R. 637. A bill to suspend temporarily the REHBERG, Mr. ROGERS of Michigan, H.R. 659. A bill to amend the Internal Rev- duty on Butyl Ethyl Propanediol (BEPD); to Mr. SHAW, Mr. SHUSTER, Mr. SIM- enue Code of 1986 to modify the rehabilita- the Committee on Ways and Means. MONS, Mr. TERRY, Mr. WAMP, Mr. tion credit and the low-income housing cred- By Ms. KAPTUR: WELLER, Mr. WICKER, and Mr. WILSON it; to the Committee on Ways and Means. H.R. 638. A bill to suspend temporarily the of South Carolina): By Mr. RANGEL: duty on BEPD70L; to the Committee on H.R. 652. A bill to amend the Internal Rev- H.R. 660. A bill to award a congressional Ways and Means. enue Code of 1986 to allow a credit against gold medal to Ossie Davis in recognition of By Ms. KAPTUR: income tax for taxpayers owning certain his many contributions to the Nation; to the H.R. 639. A bill to suspend temporarily the commercial power takeoff vehicles; to the Committee on Financial Services. duty on Boltorn-1 (Bolt-1); to the Committee Committee on Ways and Means. By Mr. RANGEL: on Ways and Means. By Mr. MOORE of Kansas (for himself, H.R. 661. A bill to provide for naturaliza- By Ms. KAPTUR: Mr. HOLDEN, Mr. EDWARDS, Mr. tion through service in a combat zone des- H.R. 640. A bill to suspend temporarily the MORAN of Virginia, Mr. SCOTT of Vir- ignated in connection with Operation Iraqi duty on Boltorn-2 (Bolt-2); to the Committee ginia, Mr. CASE, Mr. BAIRD, Mr. COO- Freedom, and for other purposes; to the on Ways and Means. PER, Mr. FORD, Mr. BERRY, Ms. Committee on the Judiciary. By Ms. KAPTUR: WASSERMAN SCHULTZ, Mr. CUELLAR, By Mr. RANGEL: H.R. 641. A bill to suspend temporarily the and Mr. ISRAEL): H.R. 662. A bill to permit expungement of duty on Cyclic TMP Formal (CTF); to the H.R. 653. A bill to amend title II of the So- records of certain nonviolent criminal of- Committee on Ways and Means. cial Security Act to ensure that the receipts fenses; to the Committee on the Judiciary. By Ms. KAPTUR: and disbursements of the Social Security By Mr. RANGEL: H.R. 642. A bill to suspend temporarily the trust funds are not included in a unified Fed- H.R. 663. A bill to secure the Federal vot- duty on DiTMP; to the Committee on Ways eral budget; to the Committee on the Budg- ing rights of certain qualified ex-offenders and Means. et, and in addition to the Committee on who have served their sentences; to the Com- By Ms. KAPTUR: Ways and Means, for a period to be subse- mittee on the Judiciary. H.R. 643. A bill to suspend temporarily the quently determined by the Speaker, in each By Ms. LORETTA SANCHEZ of Cali- duty on Polyol DPP (DPP); to the Com- case for consideration of such provisions as fornia (for herself, Mr. MEEHAN, Mrs. mittee on Ways and Means. fall within the jurisdiction of the committee TAUSCHER, Mrs. DAVIS of California, By Ms. KAPTUR: concerned. Mr. ABERCROMBIE, Mr. EVANS, Mr. H.R. 644. A bill to suspend temporarily the By Mr. MORAN of Virginia (for him- MCGOVERN, Mr. MEEK of Florida, and duty on Hydroxypivalic Acid (HPA); to the self, Mr. CONYERS, Ms. NORTON, Mr. Ms. BORDALLO): Committee on Ways and Means. WEXLER, Mrs. MALONEY, Mr. VAN H.R. 664. A bill to amend the Uniform Code By Ms. KAPTUR: HOLLEN, Mr. WAXMAN, Mr. KENNEDY of Military Justice to bring sexual assault H.R. 645. A bill to suspend temporarily the of Rhode Island, Ms. WATSON, Mr. crimes under military law into parallel with duty on TMPDE; to the Committee on Ways MARKEY, Mr. WYNN, Mr. EVANS, Mr. sexual assault crimes under Federal law, and and Means. TOWNS, Mr. BLUMENAUER, Mr. for other purposes; to the Committee on By Ms. KAPTUR: MCDERMOTT, Mrs. MCCARTHY, Ms. Armed Services. H.R. 646. A bill to suspend temporarily the SLAUGHTER, Ms. ZOE LOFGREN of Cali- By Mr. SCHIFF (for himself, Mr. duty on TMPME; to the Committee on Ways fornia, and Ms. CARSON): SHAYS, Mr. BUTTERFIELD, Mr. CHAN- and Means. H.R. 654. A bill to ban the transfer of 50 DLER, Mrs. DAVIS of California, Mr. By Ms. KAPTUR: caliber sniper weapons, and otherwise regu- EDWARDS, Mr. GRIJALVA, Mr. HOLT, H.R. 647. A bill to suspend temporarily the late the weapons in the same manner as ma- Mr. ISRAEL, Mrs. MALONEY, Mr. duty on TMP Oxetane (TMPO); to the Com- chine guns are regulated; to the Committee SCOTT of Georgia, Mr. SHERMAN, and mittee on Ways and Means. on Ways and Means, and in addition to the Ms. WATSON): By Ms. KAPTUR: Committee on the Judiciary, for a period to H.R. 665. A bill to prevent access by terror- H.R. 648. A bill to suspend temporarily the be subsequently determined by the Speaker, ists to nuclear material, technology, and ex- duty on TMPO Ethoxylate (TMPOE); to the in each case for consideration of such provi- pertise, to establish an Office of Non- Committee on Ways and Means. sions as fall within the jurisdiction of the proliferation Programs in the Executive Of- By Mr. KELLER: committee concerned. fice of the President, and for other purposes; H.R. 649. A bill to amend title 18, United By Mr. NADLER (for himself, Mrs. to the Committee on International Rela- States Code, to provide a criminal penalty MCCARTHY, Mr. KILDEE, Ms. tions. for journalists, who, without disclosure, ac- BORDALLO, Mr. MCGOVERN, and Mr. By Mr. SPRATT (for himself and Mrs. cept Government payments to promote Gov- OWENS): JO ANN DAVIS of Virginia):

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\L08FE7.100 H08PT1 H412 CONGRESSIONAL RECORD — HOUSE February 8, 2005 H.R. 666. A bill to establish a new allow- in Iraq or Afghanistan, with the assurance PRIVATE BILLS AND ance for members of the Armed Forces serv- that family requests for privacy will be re- RESOLUTIONS ing in Iraq or Afghanistan to cover the pre- spected; to the Committee on Armed Serv- miums for Servicemembers’ Group Life In- ices. Under clause 3 of rule XII, private surance coverage obtained by the members; By Mr. TANCREDO (for himself, Mr. bills and resolutions of the following to the Committee on Armed Services. SESSIONS, Mr. PITTS, Mr. GOODE, Mr. titles were introduced and severally re- By Mr. STUPAK: PENCE, and Mr. JONES of North Caro- ferred, as follows: H.R. 667. A bill to direct the Secretary of lina): By Mr. CROWLEY: the Army to carry out the dredging project, H. Con. Res. 49. Concurrent resolution rec- H.R. 671. A bill for the relief of Saikou A. Menominee Harbor, Menominee River, ognizing the importance of Western civiliza- Diallo; to the Committee on the Judiciary. Michigan and Wisconsin; to the Committee tion; to the Committee on Education and the By Mr. LANTOS: on Transportation and Infrastructure. Workforce. H.R. 672. A bill for the relief of Maria By Mr. WAXMAN (for himself, Mr. By Mr. BOUSTANY: Cristina Degrassi; to the Committee on the BROWN of Ohio, Mr. MCDERMOTT, Ms. H. Res. 68. A resolution electing a certain Judiciary. MILLENDER-MCDONALD, and Mr. Member to a certain standing committee of By Mr. LANTOS: RUSH): the House of Representatives; considered and H.R. 673. A bill for the relief of Denes and H.R. 668. A bill to direct the Consumer agreed to. Product Safety Commission to classify cer- Gyorgyi Fulop; to the Committee on the Ju- By Mr. BISHOP of Georgia (for himself, diciary. tain children’s products containing lead to Mr. KINGSTON, Mr. LEWIS of Georgia, be banned hazardous substances; to the Com- By Mr. LANTOS: Mr. SCOTT of Georgia, Mr. WESTMORE- H.R. 674. A bill for the relief of Kuan-Wei mittee on Energy and Commerce. LAND, Ms. KILPATRICK of Michigan, By Mr. WILSON of South Carolina (for Liang and Chun-Mei Hsu-Liang; to the Com- Mr. CUMMINGS, Mr. JEFFERSON, Mr. mittee on the Judiciary. himself, Mr. BAKER, Mr. GINGREY, Mr. CAPUANO, Mrs. MALONEY, Mr. PAYNE, By Mr. LANTOS: OWENS, Mr. DEFAZIO, Mr. CASE, Mr. Mr. GEORGE MILLER of California, Mr. H.R. 675. A bill for the relief of Maria Del WHITFIELD, Mr. KIND, Mr. MCCRERY, MCDERMOTT, Ms. LEE, Mr. GRIJALVA, Refugio Plascencia and Alfredo Plascencia- Mr. PICKERING, Mr. SIMMONS, Mr. Ms. WATSON, Mr. MCGOVERN, Mr. Lopez; to the Committee on the Judiciary. BARTLETT of Maryland, Mr. UDALL of Colorado, Mr. JACKSON of Il- By Mr. RANGEL: RUPPERSBERGER, Mrs. CAPITO, Mr. linois, Mr. CONYERS, Ms. JACKSON- H.R. 677. A bill for the relief of Kadiatou MARSHALL, Mr. BLUMENAUER, Mr. LEE of Texas, Mr. WATT, Mr. TOWNS, Diallo, Laouratou Diallo, Ibrahima Diallo, PASTOR, Mr. MCINTYRE, Mr. SPRATT, Ms. WATERS, Ms. MOORE of Wis- Abdoul Diallo, Mamadou Bobo Diallo, Mr. YOUNG of Alaska, Mr. RAHALL, consin, Mr. WAXMAN, Ms. MILLENDER- Mamadou Pathe Diallo, Fatoumata Traore and Ms. HOOLEY): MCDONALD, Mr. BISHOP of New York, H.R. 669. A bill to amend title 32, United Diallo, Sankarela Diallo, and Marliatou Bah; Mr. MENENDEZ, Ms. NORTON, Mr. States Code, to increase the maximum Fed- to the Committee on the Judiciary. FORD, Mr. RANGEL, Mr. ABERCROMBIE, eral share of the costs of State programs By Mr. WILSON of South Carolina: Mr. BRADY of Pennsylvania, Ms. under the National Guard Youth Challenge H.R. 678. A bill for the relief of Griselda CORRINE BROWN of Florida, Mr. GON- Program; to the Committee on Armed Serv- Lopez Negrete; to the Committee on the Ju- ZALEZ, Mr. ENGEL, Mr. ROSS, Mr. ices. diciary. MARSHALL, Ms. BORDALLO, Mr. By Mr. WILSON of South Carolina: f FATTAH, Mr. OWENS, Mr. SCOTT of H.R. 670. A bill to make permanent the Virginia, Mr. WEINER, Mr. HONDA, teacher loan forgiveness provisions of the ADDITIONAL SPONSORS Mrs. LOWEY, Mr. SERRANO, Ms. EDDIE Taxpayer-Teacher Protection Act of 2004, BERNICE JOHNSON of Texas, Mr. LAN- Under clause 7 of rule XII, sponsors and for other purposes; to the Committee on TOS, Ms. WOOLSEY, Mr. MOORE of Kan- were added to public bills and resolu- Education and the Workforce. sas, Mr. BARROW, Mr. RYAN of Ohio, tions as follows: By Mr. CONYERS (for himself, Mr. Ms. SCHAKOWSKY, Ms. CARSON, Mr. KUCINICH, Mr. MCDERMOTT, and Mrs. H.R. 11: Mr. CONYERS, Mr. CHANDLER, Mr. OBERSTAR, Mr. MEEK of Florida, Mr. CHRISTENSEN): MICHAUD, and Mrs. WILSON of New Mexico. H.R. 676. A bill to provide for comprehen- RUSH, Mr. CLEAVER, Mr. WYNN, Mr. H.R. 13: Mr. WELLER, Ms. CARSON, Mr. sive health insurance coverage for all United BUTTERFIELD, Mr. MEEKS of New CARNAHAN, Mr. GILLMOR, Mr. PUTNAM, Mr. States residents, and for other purposes; to York, Mr. DAVIS of Illinois, Mr. CLAY, BURTON of Indiana, and Mr. LEACH. the Committee on Energy and Commerce, Mr. AL GREEN of Texas, Mr. DAVIS of H.R. 16: Mr. COLE of Oklahoma and Mr. and in addition to the Committees on Ways Alabama, Mr. DEAL of Georgia, Mr. PICKERING. and Means, Resources, and Veterans’ Affairs, THOMPSON of Mississippi, Mr. CLY- H.R. 17: Mr. KLINE. for a period to be subsequently determined BURN, and Mr. HASTINGS of Florida): H.R. 20: Mr. MILLER of North Carolina. by the Speaker, in each case for consider- H. Res. 69. A resolution honoring the life H.R. 22: Mr. OXLEY, Mr. CHANDLER, and Mr. ation of such provisions as fall within the ju- and accomplishments of the late Ossie Davis; LARSEN of Washington. risdiction of the committee concerned. to the Committee on Government Reform. H.R. 23: Mr. OSBORNE, Mr. BACA, Mr. By Mr. BOEHLERT (for himself, Mr. By Ms. EDDIE BERNICE JOHNSON of BISHOP of New York, Mr. MORAN of Kansas, Texas (for herself, Mr. EDWARDS, Ms. GORDON, Mr. ROHRABACHER, Mr. AKIN, Mr. MICHAUD, Mr. HOLT, Mrs. DAVIS of Cali- JACKSON-LEE of Texas, Mr. SESSIONS, Mr. EHLERS, Mr. LIPINSKI, Mr. fornia, Mr. MEEKS of New York, Mr. LAHOOD, Mr. BARTON of Texas, Mr. GENE SCHWARZ of Michigan, Mr. BAIRD, and Mr. CALVERT, Mr. KUCINICH, Ms. DEGETTE, GREEN of Texas, and Mr. SAM JOHN- Mr. UDALL of Colorado): Mr. CASE, and Mr. BUTTERFIELD. H. Con. Res. 46. Concurrent resolution con- SON of Texas): H.R. 25: Mr. HALL, Mr. PEARCE, Mr. gratulating ASME on their 125th anniver- H. Res. 70. A resolution to honor and recog- BONILLA, and Mrs. CUBIN. sary, celebrating the achievements of ASME nize the achievements of Emmitt Smith; to H.R. 27: Mr. ENGLISH of Pennsylvania, Mr. members, and expressing the gratitude of the the Committee on Government Reform. FORTUN˜ O, and Mr. RADANOVICH. American people for ASME’s contributions; By Mr. MEEHAN (for himself, Mr. H.R. 28: Mr. GORDON. to the Committee on Science. WELDON of Pennsylvania, Mr. COX, H.R. 29: Mr. LEWIS of Georgia, Mr. DUNCAN, By Mr. CROWLEY (for himself, Mr. Mr. SHIMKUS, Mr. SNYDER, and Mr. and Mr. BACHUS. GEORGE MILLER of California, Mrs. MCGOVERN): H.R. 32: Mr. JENKINS, Mr. MCKEON, Mr. KIL- JONES of Ohio, Mr. WEINER, Mr. By Mr. SESSIONS: DEE, and Mr. PLATTS. DELAHUNT, Mr. BISHOP of Georgia, H. Res. 71. A resolution providing for con- H.R. 34: Mr. DAVIS of Kentucky, Mr. BROWN Mrs. MALONEY, Mr. OWENS, and Mr. sideration of the bill (H.R. 418) to establish of South Carolina, Mr. WICKER, Mr. SPRATT, WEXLER): and rapidly implement regulations for State Mr. GOODE, Mr. ORTIZ, Mr. MORAN of Vir- H. Con. Res. 47. Concurrent resolution driver’s license and identification document ginia, Mr. MCKEON, Mr. MORAN of Kansas, commending the establishment in College security standards, to prevent terrorists Mr. GARRETT of New Jersey, Mr. KING of Point, New York, of the first kindergarten in from abusing the asylum laws of the United Iowa, Mr. LAHOOD, Mrs. CUBIN, Mr. the United States; to the Committee on Edu- States, to unify terrorism-related grounds DELAHUNT, and Mr. BUTTERFIELD. cation and the Workforce. for inadmissibility and removal, and to en- H.R. 40: Ms. EDDIE BERNICE JOHNSON of By Mr. RANGEL: sure expeditious construction of the San Texas, Mr. CUMMINGS, and Mrs. CHRISTENSEN. H. Con. Res. 48. Concurrent resolution call- Diego border fence. H.R. 42: Mrs. MYRICK, Mrs. JO ANN DAVIS of ing for the removal of all restrictions from H. Res. 72. A resolution urging the interim Virginia, Mr. WILSON of South Carolina, Mr. the public, the press, and military families Government of Iraq ensure that the charges DOOLITTLE, Mr. GENE GREEN of Texas, and in mourning that would prohibit their pres- brought against Saddam Hussein include Mr. FORTUN˜ O. ence at the arrival at military installations charges for the crimes his government com- H.R. 47: Mr. DOOLITTLE, Mr. RAHALL, and in the United States or overseas of the re- mitted against the people of Iran during the Mr. SESSIONS. mains of the Nation’s fallen heroes, the Iran-Iraq war from 1980 to 1988; to the Com- H.R. 63: Mr. BERMAN, Mr. HONDA, and Mr. members of the Armed Forces who have died mittee on International Relations. WAXMAN.

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H.R. 64: Mr. WELDON of Pennsylvania, Mr. ROSS, Mr. KUCINICH, Ms. LEE, Mr. WEXLER, Ms. BORDALLO, Mr. GOHMERT, Mr. HYDE, and GOHMERT, Mr. REICHERT, Mr. BEAUPREZ, Mr. Mr. GORDON, Mrs. MCCARTHY, Mr. BERRY, and Mr. KELLER. SENSENBRENNER, Mr. LAHOOD, Mr. CARTER, Mr. RENZI. H.R. 526: Mr. LEWIS of Georgia and Mr. Mr. SESSIONS, Mr. HENSARLING, Mr. H.R. 356: Mr. BROWN of South Carolina, Mr. PORTER. MCCOTTER, Mr. HAYES, Mr. REHBERG, Mr. KLINE, Mr. HOEKSTRA, Ms. HARRIS, Miss H.R. 528: Mr. FORTUN˜ O and Mr. LEWIS of HERGER, Mr. HAYWORTH, Mr. BOUCHER, and MCMORRIS, Mr. PAUL, Mr. PETRI, Mr. Georgia. Mr. TAYLOR of North Carolina. EHLERS, Mr. DANIEL E. LUNGREN of Cali- H.R. 530: Mr. SHADEGG and Mr. DOOLITTLE. H.R. 68: Mr. DUNCAN, Mr. CUNNINGHAM, Mr. fornia, Mr. GARY G. MILLER of California, H.R. 533: Mr. WAXMAN, Mr. BROWN of Ohio, ROSS, Mr. MEEK of Florida, Mr. MANZULLO, Mr. TERRY, Mr. MANZULLO, Mr. OXLEY, Mr. Mr. TOWNS, Ms. KAPTUR, and Ms. MCCOLLUM Mr. PORTMAN, Mr. FOSSELLA, Mr. PUTNAM, FRANKs of Arizona, and Mr. BARRETT of of Minnesota. Mr. HAYES, Mr. FORD, and Mr. GONZALEZ. South Carolina. H.R. 535: Mr. GENE GREEN of Texas, Ms. H.R. 98: Mr. DANIEL E. LUNGREN of Cali- H.R. 368: Mr. PLATTS, Mr. SHAYS, and Mrs. SOLIS, Mr. WAXMAN, Mr. BERMAN, Mr. fornia. MILLER of Michigan. MCDERMOTT, Mr. SHERMAN, Mr. GRIJALVA, H.R. 113: Mr. LAHOOD and Mr. JOHNSON of H.R. 369: Mr. GREEN of Wisconsin and Mr. Mr. OWENS, and Mr. GONZALEZ. Illinois. CONYERS. H.R. 554: Mr. MILLER of Florida, Mr. HALL, H.R. 114: Mr. GUTIERREZ, Ms. KILPATRICK of H.R. 371: Mr. HINCHEY, Mr. TIBERI, Mr. and Mr. FORTUN˜ O. Michigan, Ms. CARSON, Mr. UDALL of Colo- PALLONE, Mr. WEXLER, Mr. STARK, Ms. H.R. 556: Ms. ZOE LOFGREN of California, rado, Mr. SCOTT of Georgia, and Mr. WAX- BORDALLO, and Mr. GEORGE MILLER of Cali- Mr. COSTELLO, Mr. FOLEY, Mr. SMITH of MAN. fornia. Washington, Mr. CALVERT, Mr. GERLACH, Mr. H.R. 127: Mr. DOGGETT. H.R. 373: Ms. LEE, Mr. MCGOVERN, Mr. PORTER, Ms. BALDWIN, Mr. VAN HOLLEN, Ms. H.R. 128: Mr. SERRANO, Mr. WYNN, Mr. DEFAZIO, Mr. FARR, Mr. INSLEE, Mr. WEXLER, CARSON, Mr. HIGGINS, and Mrs. JOHNSON of TOWNS, and Ms. MILLENDER-MCDONALD. Mr. STARK, Mr. ACKERMAN, Mr. MARKEY, and Connecticut. H.R. 136: Mr. SHAYS, Mr. RYUN of Kansas, Mr. BLUMENAUER. H.R. 576: Mr. FRANKS of Arizona. Mr. CUNNINGHAM, Mr. BAKER, Mr. BRADLEY of H.R. 376: Mr. ALLEN, Mr. CROWLEY, Mrs. H.R. 580: Mr. TANCREDO. New Hampshire, and Mr. HOSTETTLER. MCCARTHY, Mr. PASCRELL, Mr. MORAN of Vir- H.R. 581: Mr. FATTAH, Mr. SPRATT, and Ms. H.R. 179: Ms. GINNY BROWN-WAITE of Flor- ginia, Mr. CLEAVER, Mr. MILLER of North JACKSON-LEE of Texas. ida, Mr. MILLER of Florida, and Mr. Carolina, Ms. SLAUGHTER, Mr. STRICKLAND, H.R. 583: Mr. LEWIS of Georgia, Mr. ABER- MCCOTTER. Mrs. CAPPS, Mr. BAIRD, Mr. HONDA, Mr. CROMBIE, Mr. COSTELLO, Mr. NADLER, and Mr. H.R. 180: Ms. GINNY BROWN-WAITE of Flor- ISRAEL, Mr. THOMPSON of California, Ms. REYES. ida, Mr. MILLER of Florida, and Mr. HERSETH, Mr. GORDON, Ms. CARSON, Ms. H.R. 596: Mr. SABO, Mr. ANDREWS, Mrs. MCCOTTER. HOOLEY, Mr. DAVIS of Alabama, Mr. PRICE of MUSGRAVE, Mr. BISHOP of Georgia, and Mr. H.R. 181: Mr. BARTLETT of Maryland, Mr. North Carolina, Mr. GUTIERREZ, Mr. HOLDEN, RYAN of Ohio. SIMPSON, Mr. WAMP, Mr. NORWOOD, Mr. Mr. BUTTERFIELD, Mr. GRIJALVA, Mr. KILDEE, H.R. 602: Mr. MICHAUD, Mr. REYES, Mr. PENCE, and Mr. HUNTER. Ms. WASSERMAN SCHULTZ, Mr. BACA, Ms. TAYLOR of Mississippi, Mr. FILNER, Mr. BASS, H.R. 188: Mr. ROSS, Mr. WAXMAN, Ms. LEE, HARMAN, Mr. GONZALEZ, Mr. EDWARDS, Mr. Mr. FOLEY, Mr. LYNCH, Mr. DICKS, Mr. CAL- Mr. NADLER, Mr. TOWNS, Mr. DAVIS of Illi- FARR, Mr. RUPPERSBERGER, Ms. LEE, Mr. VERT, Mr. DEFAZIO, Mrs. DAVIS of California, nois, Ms. CORRINE BROWN of Florida, Mr. FORD, Mr. CONYERS, Mr. BROWN of Ohio, Mr. Mr. KILDEE, Ms. BORDALLO, Mr. MCDERMOTT, FATTAH, Mrs. CHRISTENSEN, Mrs. JONES of STUPAK, Ms. BORDALLO, Ms. MOORE of Wis- Mr. UDALL of New Mexico, Mr. FARR, Mr. Ohio, Mr. JACKSON of Illinois, and Mr. RUSH. consin, Mr. KENNEDY of Rhode Island, Mr. BROWN of Ohio, Mr. KIND, Mr. BLUMENAUER, H.R. 215: Mr. DAVIS of Alabama and Mr. BISHOP of New York, Mr. FRANK of Massa- Ms. KAPTUR, Mr. PALLONE, Mr. SIMMONS, Mr. BONNER. chusetts, Mr. NADLER, and Mr. CHANDLER. SERRANO, Mr. LEWIS of Kentucky, Mr. MOORE H.R. 226: Mr. REYES, Mr. MCHUGH, and Mr. H.R. 380: Mr. CHOCOLA and Mr. SHUSTER. of Kansas, Mr. CUMMINGS, Mrs. CHRISTENSEN, FORTUN˜ O. H.R. 389: Mr. RAHALL, Mr. PUTNAM, and Mr. Mr. WYNN, Mr. KING of Iowa, Mrs. MALONEY, H.R. 268: Mr. ROGERS of Michigan. REYNOLDS. Mr. ISRAEL, Mr. SCOTT of Georgia, Mr. OBER- H.R. 278: Mr. UPTON and Mr. GENE GREEN of H.R. 401: Mr. MILLER of Florida. STAR, Mr. RYAN of Ohio, Mr. DOGGETT, Mr. Texas. H.R. 402: Mr. SIMMONS. TOWNS, Mrs. MCCARTHY, Mr. DUNCAN, Mr. H.R. 284: Mr. HOLDEN, Mr. LIPINSKI, Mr. H.R. 403: Mr. MILLER of Florida. HALL, Mr. HOLDEN, Mr. LAHOOD, Mr. GEORGE TOWNS, Mr. BACA, Mr. PALLONE, and Mr. H.R. 404: Mr. MILLER of Florida. MILLER of California, Mr. BERRY, Mr. WYNN. H.R. 406: Mr. MILLER of Florida. SHIMKUS, Mr. BUTTERFIELD, Mr. BOYD, Mr. H.R. 292: Mr. BLUNT, Mr. CHOCOLA, Mr. POE, H.R. 408: Mr. RENZI, Mr. WELDON of Penn- FRANK of Massachusetts, Mr. GENE GREEN of Mr. UPTON, Mr. KANJORSKI, Mr. WILSON of sylvania, and Mr. HERGER. Texas, and Mr. BISHOP of New York. South Carolina, Mr. SESSIONS, Mr. BISHOP of H.R. 418: Mr. BONILLA, Mr. CONAWAY, Mr. H.J. Res. 10: Mr. LANGEVIN, Mr. RAHALL, New York, Mr. FLAKE, Ms. DEGETTE, Mr. FRANKS of Arizona, Mr. HALL, Mr. MCHENRY, Mrs. MUSGRAVE, and Mr. PICKERING. PORTMAN, Mr. CASTLE, Mr. LUCAS, Mr. RYAN Mr. PLATTS, Mr. RYUN of Kansas, Mr. WAL- H. Con. Res. 6: Mr. FOLEY, Mr. LEWIS of of Wisconsin, Ms. SCHWARTZ of Pennsylvania, DEN of Oregon, Mr. JENKINS, Mr. MARCHANT, California, Mr. GILLMOR, Mr. BARRETT of Mr. RAHALL, Mr. VISCLOSKY, and Mr. Mr. FITZPATRICK of Pennsylvania, and Mr. South Carolina, Mr. MCCOTTER, and Mr. GOHMERT. DENT. FITZPATRICK of Pennsylvania. H.R. 302: Mr. MCDERMOTT, Mr. CALVERT, H.R. 420: Mr. COX, Mr. SIMPSON, and Mr. H. Con. Res. 18: Mr. SENSENBRENNER and Mr. VAN HOLLEN, Ms. BORDALLO, Mr. ABER- BARTLETT of Maryland. Mr. CHANDLER. CROMBIE, Mr. INSLEE, Mr. PALLONE, and Mr. H.R. 425: Mr. LEWIS of Georgia. H. Con. Res. 26: Mr. CAPUANO, Mr. MCGOV- JOHNSON of Illinois. H.R. 454: Mr. KLINE, Mrs. JO ANN DAVIS of ERN, Ms. KAPTUR, Mr. ROSS, Mr. KNOLLEN- H.R. 304: Mr. CUNNINGHAM, Mrs. DAVIS of Virginia, Mr. BEAUPREZ, Mr. SHIMKUS, Ms. BERG, Mr. MORAN of Virginia, Mr. CUMMINGS, California, Mr. BOOZMAN, Mr. HASTINGS of HART, Mr. GOHMERT, Mr. BOUSTANY, Mr. SES- Ms. NORTON, Ms. WATSON, Mr. COOPER, Mrs. Florida, Mr. MACK, and Mr. POE. SIONS, and Mr. MCCRERY. NAPOLITANO, Mr. PORTER, Mr. UPTON, Mr. H.R. 310: Mr. PICKERING, Mr. STEARNS, Mr. H.R. 457: Mr. BURTON of Indiana, Mr. WILSON of South Carolina, Mr. MENENDEZ, BUYER, Ms. GINNY BROWN-WAITE of Florida, FOLEY, and Mr. MCCOTTER. Mr. TERRY, Mr. WAXMAN, Mr. BAIRD, and Mr. Mr. WALSH, Mr. HOLDEN, Mr. WICKER, Mr. H.R. 459: Mrs. JONES of Ohio, Ms. BALDWIN, HONDA. MILLER of Florida, Mr. BACHUS, Mr. Mr. WYNN, Mr. GRIJALVA, Mr. BROWN of Ohio, H. Con. Res. 30: Mr. KILDEE, Mr. CAPUANO, COSTELLO, Mr. CHANDLER, Mr. HAYES, Mr. and Mr. LIPINSKI. Ms. WATSON, Mr. AL GREEN of Texas, and Mr. DEAL of Georgia, Mr. OSBORNE, Mr. GORDON, H.R. 483: Ms. JACKSON-LEE of Texas, Mr. NADLER. Mr. ETHERIDGE, Mr. DAVIS of Florida, Mr. HALL, Mr. GENE GREEN of Texas, and Mr. H. Con. Res. 32: Mr. PITTS, Mr. MCNULTY, MATHESON, Mr. BOOZMAN, and Ms. ESHOO. SESSIONS. Mr. WEXLER, and Mr. SHIMKUS. H.R. 313: Mr. ROGERS of Alabama and Mr. H.R. 490: Mr. FEENEY. H. Res. 22: Mrs. BLACKBURN and Mr. CASE. BURTON of Indiana. H.R. 493: Mrs. CHRISTENSEN, Mr. OWENS, H. Res. 38: Mr. MILLER of Florida, Mr. H.R. 314: Mr. ROGERS of Alabama and Mr. and Mr. CUMMINGS. MCNULTY, Mr. GORDON, Mr. GILLMOR, Mr. DEFAZIO. H.R. 499: Mr. FRANK of Massachusetts and RENZI, Mr. CHANDLER, Mr. UPTON, Mr. H.R. 328: Mr. HASTINGS of Washington, Mr. Mr. BISHOP of New York. MENENDEZ, Mr. FRANK of Massachusetts, and WOLF, Mr. COOPER, Mr. ABERCROMBIE, Mrs. H.R. 515: Mr. DAVIS of Florida. Mr. SESSIONS. MUSGRAVE, Mr. SHAYS, Mr. NADLER, Mr. H.R. 516: Mr. OXLEY, Mrs. MUSGRAVE, Mr. H. Res. 41: Mr. MURPHY, Mr. JENKINS, Mr. PLATTS, Mr. CHANDLER, Mr. KOLBE, Mr. UPTON, and Mr. OTTER. BUTTERFIELD, Mr. HAYES, Mr. ABERCROMBIE, BOOZMAN, and Mr. STARK. H.R. 525: Mr. DOOLITTLE, Mr. HERGER, Mr. Mr. KINGSTON, Mr. MORAN of Virginia, Mr. H.R. 330: Mr. RENZI. ENGLISH of Pennsylvania, Mr. MILLER of PRICE of North Carolina, Mr. CHANDLER, Mr. H.R. 331: Mr. GRIJALVA, Mr. PALLONE, Mr. Florida, Mr. SENSENBRENNER, Mrs. NORTHUP, BISHOP of Georgia, Mr. SCOTT of Georgia, Mr. RANGEL, Mr. OBERSTAR, Mr. TOWNS, Mr. Mr. PENCE, Mr. BACHUS, Mr. FRANKS of Ari- DAVIS of Tennessee, Mr. GOODE, Mr. MILLER RENZI, Mr. CASE, Mr. FILNER, and Mr. KEN- zona, Mr. JONES of North Carolina, Mr. of North Carolina, Mr. MOORE OF KANSAS, NEDY of Rhode Island. SHAW, Mr. ROGERS of Michigan, Mrs. Mr. ISRAEL, Mr. BOREN, Ms. HARMAN, Mr. H.R. 333: Mr. ABERCROMBIE, Mr. ALEX- MUSGRAVE, Mr. GARRETT of New Jersey, Mr. MICHAUD, Mr. COSTA, Mr. BOSWELL, Ms. ANDER, Mr. NEAL of Massachusetts, Mr. MCKEON, Ms. GINNY BROWN-WAITE of Florida, HERSETH, Mr. CASE, Mr. HOLDEN, Mr.

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SALAZAR, Mr. BERRY, Mr. CARDOZA, Mr. Immigration and Naturalization Service that follows through the period and inserting SCHIFF, Mr. MATHESON, Mr. ROSS, Mr. caused unnecessary delays in processing em- the following: ‘‘Not later than January 15 of MCHENRY, Mr. HENSARLING, Mr. NEAL OF ployer requests and also made the H–1B pro- each year, the Secretary of Homeland Secu- MASSACHUSETTS, Ms. PRYCE OF OHIO, Mr. gram vulnerable to abuse. rity shall consult with the Secretary of MENENDEZ, Mr. DELAHUNT, Ms. MCCOLLUM of (b) PURPOSE.—The purpose of this Act is to Labor to ensure that procedures utilized in Minnesota, Mr. ALLEN, Mr. HASTINGS OF ensure that the H–1B and L–1 visa programs that calendar year to process blanket peti- FLORIDA, Mr. SPRATT, Mr. SKELTON, Mr. AN- are utilized for the purposes for which they tions shall not undermine efforts by the De- DREWS, Mr. EMANUEL, Mr. WAMP, Mr. WOLF, were intended and not to displace American partment of Labor to enforce the provisions Mr. TOWNS, Ms. MILLENDER-MCDONALD, and workers with lower cost foreign visa holders, of this subsection and shall consider any rec- Mr. MOLLOHAN. by closing the loopholes in the programs and ommendations that the Secretary of Labor H. Res. 46: Mr. ROGERS of Michigan, Mr. strengthening enforcement and penalties for proposes to such procedures to enhance com- WAXMAN, and Mr. GILLMOR. violations of laws. pliance with the provisions of this sub- H. Res. 54: Mr. PITTS, Mr. MILLER of Flor- SEC. 302. L–1 NONIMMIGRANT VISAS. section.’’. ida, Mr. WEXLER, Mr. MCNULTY, Mr. WALSH, (a) WAGE REQUIREMENTS; LIMITATION ON (d) ACTION ON PETITIONS.—Section Mr. MENENDEZ, and Mr. FRANK of Massachu- PLACEMENT OF INTRACOMPANY TRANSFEREES; 214(c)(2)(C) of the Immigration and Nation- setts. DISPLACEMENT OF WORKERS.—Section ality Act (8 U.S.C. 1184(c)(2)(C)) is amended H. Res. 55: Mr. MCDERMOTT, Mrs. JONES of 214(c)(2) of the Immigration and Nationality by inserting before the period the following: Ohio, Mr. CASE, Mr. ACKERMAN, Mr. GILLMOR, Act (8 U.S.C. 1184(c)(2)) is amended by adding ‘‘, unless the Secretary of Homeland Secu- Mr. WAXMAN, Ms. ESHOO, Mr. KENNEDY of at the end the following: rity, after consultation with the Secretary of Rhode Island, Mr. NADLER, AND Mr. UPTON. ‘‘(F) No alien may be admitted or provided Labor, determines that an additional period H. Res. 61: Mr. CONYERS and Mr. WAXMAN. status as a nonimmigrant described in sec- of time beyond 30 days is necessary to ensure the proper implementation of this sub- f tion 101(a)(15)(L) unless the importing employer has filed with the Secretary of Labor section’’. AMENDMENTS an application stating the following: (e) EMPLOYMENT HISTORY.—Section 101(a)(15)(L) of the Immigration and Nation- Under clause 8 of rule XVIII, pro- ‘‘(i) The employer shall make available for public examination, not later than 1 working ality Act (8 U.S.C. 1101(a)(15)(L)) is amended posed amendments were submitted as day after the date on which an application by striking ‘‘one year’’ and inserting ‘‘2 of follows: under this subparagraph is filed, at the em- the last 3 years’’. H.R. 418 ployer’s principal place of business or work- (f) PERIOD OF ADMISSION.—Section 214(c)(2)(D) of the Immigration and Nation- OFFERED BY: MRS. JOHNSON OF CONNECTICUT site, a copy of each such application (and such accompanying documents as are nec- ality Act (8 U.S.C. 1184(c)(2)(D)) is amended— AMENDMENT NO. 1: Page 28, after line 4, in- essary). The Secretary shall compile, on a (1) in clause (i), by striking ‘‘7 years’’ and sert the following: current basis, a list (by employer and by oc- inserting ‘‘5 years’’; and TITLE III—PREVENTNG UNINTENDED cupational classification) of the applications (2) in clause (ii), by striking ‘‘5 years’’ and UNITED STATES JOB LOSSES filed under this subparagraph. The Secretary inserting ‘‘3 years’’. (g) RECRUITMENT; ADMINISTRATIVE FEE; SEC. 301. FINDINGS AND PURPOSE. shall make such list available for public ex- DEFINITIONS.—Section 214(c)(2) of the Immi- amination in Washington, D.C. The Sec- (a) FINDINGS.—Congress finds the fol- gration and Nationality Act (8 U.S.C. retary of Labor shall review such an applica- lowing: 1184(c)(2)), as amended by subsection (a), is tion only for completeness and obvious inac- (1) The H–1B and L–1 visa programs were further amended by adding at the end the curacies. Unless the Secretary of Labor finds established to enable United States employ- following: ers to hire workers with the necessary skills that an application is incomplete or obvi- ‘‘(G) In the case of a petition to import and allow the intracompany transfer of cer- ously inaccurate, the Secretary of Labor aliens as nonimmigrants in a capacity that tain workers in the employ of companies shall certify to the Secretary of Homeland involves specialized knowledge as described with operations outside of the United States. Security, not later than 7 days after the date in section 101(a)(15)(L), the employer, prior (2) Employers have used the H–1B and L–1 of the filing of the application, that the re- to filing the petition, shall file with the Sec- visa programs to fill hundreds of thousands quirements of this subclause have been satis- retary of Labor an application stating that of positions in United States firms. fied. the employer has taken good faith steps to (3) According to a General Accounting Of- ‘‘(ii) The employer is offering and will offer recruit, in the United States using proce- fice report, 60 percent of the positions being during the period of authorized employment dures that meet industry-wide standards, filled by workers provided under the H–1B to aliens admitted or provided status as a United States workers for the job for which visa program are related to information nonimmigrant described in section the nonimmigrants are sought. technology. 101(a)(15)(L) wages that are at least— ‘‘(H) The Secretary of Labor shall impose a (4) The median annual salaries for informa- ‘‘(I) the actual wage level paid by the em- fee on an employer filing a petition to im- tion technology employment was $45,000 in ployer to all other individuals with similar port aliens as nonimmigrants described in 1999. experience and qualifications for the specific section 101(a)(15)(L) to cover the administra- (5) In 2001, Congress specifically banned the employment in question; or tive costs of processing the petition. displacement of United States employees by ‘‘(II) the prevailing wage level for the occu- ‘‘(I) The Secretary of Labor may initiate H–1B visa holders and mandated that em- pational classification in the area of employ- an investigation of any employer that employers pay H–1B workers prevailing United ment; ploys nonimmigrants described in section States wages. whichever is greater, based on the informa- 101(a)(15)(L) if the Secretary of Labor has (6) United States unemployment in infor- tion available at the time of filing the appli- reasonable cause to believe that the em- mation technology specialties has increased cation. ployer is not in compliance with this sub- over the last 2 years making it more difficult ‘‘(iii) The employer did not displace and section. The investigation may be initiated for employers to certify that they are unable will not displace a United States worker em- not solely for completeness and obvious inac- to find American information technology ployed by the employer within the period be- curacies by the employer in complying with employees to fill vacancies as required to ginning 180 days before and ending 180 days this subsection. gain approval of H–1B visa applications. after the date of filing of any visa petition ‘‘(J) In this paragraph: (7) United States consular officers in for- supported by the application. ‘‘(i) In the case of an application with re- eign countries in the past have expressed ‘‘(iv) The provisions of section 212(n)(2) spect to 1 or more nonimmigrants described concerns that the L–1 visa program was shall apply to a failure to meet a condition in section 101(a)(15)(L) by an employer, the being exploited beyond the original purpose of clauses (i), (iii), and (iv) and subparagraph employer is considered to ‘displace’ a United of the program by allowing employers to (G) in the same manner as such provisions States worker from a job if the employer bring in workers who subsequently are em- apply to a failure to meet a condition of sec- lays off the worker from a job that is essen- ployed by other companies. tion 212(n)(1)(F).’’. tially the equivalent of the job for which the (8) It has been reported that the former Im- (b) APPROPRIATE AGENCIES REFERENCES.— nonimmigrant is sought. A job shall not be migration and Naturalization Service was re- Section 214(c)(1) of the Immigration and Na- considered to be essentially equivalent of an- viewing the L–1 visa program to assess tionality Act (8 U.S.C. 1184(c)(1)) is amended other job unless it involves essentially the whether companies were using the L–1 visa by inserting after ‘‘Department of Agri- same responsibilities, was held by a United to circumvent restrictions associated with culture.’’ the following: ‘‘For purposes of States worker with substantially equivalent the H–1B visa program. this subsection with respect to non- qualifications and experience, and is located (9) The Department of Labor has had very immigrants described in section 101(a)(15)(L), in the same area of employment as the other limited authority to enforce the program re- the term ‘appropriate agencies of Govern- job. quirements of the H–1B visa program and no ment’ means the Department of Labor.’’. ‘‘(ii)(I) The term ‘lays off’, with respect to legal authority to police the L–1 visa pro- (c) RESTRICTION OF BLANKET PETITIONS.— a worker— gram. Section 214(c)(2)(A) of the Immigration and ‘‘(aa) means to cause the worker’s loss of (10) Historical weaknesses in the adminis- Nationality Act (8 U.S.C. 1184(c)(2)(A)) is employment, other than through a discharge tration of the H–1B program by the former amended by striking ‘‘In the case of’’ and all for inadequate performance, violation of

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.060 H08PT1 February 8, 2005 CONGRESSIONAL RECORD — HOUSE H415 workplace rules, cause, voluntary departure, (A) in paragraph (1)— U.S.C. 1182(n)(2)) is amended by adding at the voluntary retirement, or the expiration of a (i) in subparagraph (E)(ii), by striking ‘‘an end the following: grant or contract; but H–1B-dependent employer (as defined in ‘‘(I) The Secretary of Labor may initiate ‘‘(bb) does not include any situation in paragraph (3))’’ and inserting ‘‘an employer an investigation of any employer that hires which the worker is offered, as an alter- that employs H–1B nonimmigrants’’; and nonimmigrants described in section native to such loss of employment, a similar (ii) in subparagraph (F), by striking ‘‘(re- 101(a)(15)(H)(i)(b) if the Secretary of Labor employment opportunity with the same em- gardless of whether or not such other em- has reasonable cause to believe that the employer at equivalent or higher compensation ployer is an H–1B-dependent employer)’’; and ployer is not in compliance with this sub- and benefits than the position from which (B) in paragraph (2)— section. The investigation may be initiated the employee was discharged, regardless of (i) in subparagraph (E), by striking ‘‘If an not solely for completeness and obvious inac- whether or not the employee accepts the H–1B-dependent employer’’ and inserting ‘‘If curacies by the employer in complying with offer. an employer that employs H–1B non- this subsection.’’. ‘‘(II) Nothing in this clause is intended to immigrants’’; and (d) ADMINISTRATIVE FEE.—Section limit an employee’s rights under a collective (ii) in subparagraph (F), by striking ‘‘The 214(c)(9)(A) of the Immigration and Nation- bargaining agreement or other employment preceding sentence shall apply to an em- ality Act (8 U.S.C. 1184(c)(9)(A)) is amended contract. ployer regardless of whether or not the em- by striking ‘‘before October 1, 2003’’. ‘‘(iii) The term ‘United States worker’ ployer is an H–1B-dependent employer.’’. means an employee who— SEC. 304. COMPTROLLER GENERAL INVESTIGA- (2) CONFORMING DEFINITION AMENDMENT.— TION. ‘‘(I) is a citizen or national of the United Section 212(n)(3) of the Immigration and Na- States; or Not later than 1 year after the date of en- tionality Act (8 U.S.C. 1182(n)(3)) is amend- actment of this Act, the Comptroller General ‘‘(II) is an alien who is lawfully admitted ed— for permanent residence or is an immigrant of the United States shall undertake an in- (A) by striking subparagraph (A); and vestigation to determine— otherwise authorized by this Act or by the (B) by redesignating subparagraphs (B) and Secretary of Homeland Security to be em- (1) how the amendments made by this Act (C) as subparagraphs (A) and (B), respec- are being implemented; ployed.’’. tively. (h) TECHNICAL AND CONFORMING AMEND- (2) the impact that the amendments made (b) DISPLACEMENT OF WORKERS.—Section MENT.—Section 214 of the Immigration and by this Act have had on employers and work- Nationality Act (8 U.S.C. 1184) is amended by 212(n) of the Immigration and Nationality ers in the United States; and striking ‘‘Attorney General’’ each place that Act (8 U.S.C. 1182(n)) is amended— (3) whether additional changes to existing term appears and inserting ‘‘Secretary of (1) in paragraph (1)(F), by striking ‘‘90 law are necessary— Homeland Security’’. days’’ each place that term appears and in- (A) to prevent American workers from SEC. 303. TEMPORARY NONIMMIGRANT WORK- serting ‘‘180 days’’; and being displaced by nonimmigrants described ERS. (2) in paragraph (2)(C)(iii), by striking ‘‘90 in subparagraphs (L) and (H)(i)(b) of section (a) H–1B DEPENDENT EMPLOYERS.— days’’ each place that term appears and in- 101(a)(15) of the Immigration and Nationality (1) IN GENERAL.—Section 212(n) of the Im- serting ‘‘180 days’’. Act (8 U.S.C. 1101(a)(15)); or migration and Nationality Act (8 U.S.C. (c) ENFORCEMENT ACTION.—Section 212(n)(2) (B) to meet the legitimate needs of United 1182(n)) is amended— of the Immigration and Nationality Act (8 States employers.

VerDate jul 14 2003 05:11 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.061 H08PT1 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, TUESDAY, FEBRUARY 8, 2005 No. 12 Senate The Senate met at 9:30 a.m. and was second 30 minutes under the control of yesterday to the U.S. Congress and to called to order by the President pro the Democrat leader or his designee. the American people by the President tempore (Mr. STEVENS). f of the United States. Let me begin by saying I think the President has been PRAYER RECOGNITION OF THE MAJORITY courageous. He has stepped forward LEADER The Chaplain, Dr. Barry C. Black, of- and addressed some of the most critical fered the following prayer: The PRESIDENT pro tempore. The problems that we have as a nation, one Let us pray. majority leader is recognized. of them being the fact that we are run- Sovereign Lord, who fills our hearts f ning excessive deficits, another one being the proper prioritization of our with songs of thanksgiving, each day SCHEDULE we lift our hands in prayer to You, for spending in a time of fiscal restraint. It You are always merciful. Thank You Mr. FRIST. Mr. President, we will is appropriate, as the President has for blessing us each day. have a 60-minute period of morning proposed, that we return to a period of You have rescued us from dangers business today, prior to resuming con- fiscal restraint so that we do not end up passing on to our children massive and kept our feet from slipping. You sideration of S. 5, the fairness bill. The amounts of debt, and so that we can as- banish our worries and calm our fears. bill managers will be here between 10:30 sure the international community and Thank You for Your eagerness to for- and 10:45 to begin debate. Amendments our own people that we are going to give us and for Your unfailing love. also are in order today, and I expect we live in a fiscally responsible way as a You alone are God. can make good progress over the course of the day on the bill. I reit- Government. That is what the Presi- Today, strengthen the Members of dent’s budget has proposed. this body. Help them to trust You erate, Members should notify their respective cloakrooms if they intend to I think it is important, before we ad- without wavering. Teach them Your dress the specifics of the budget, to offer amendments to this legislation. ways, that they may live according to talk a little bit about the context in The Senate will stand in recess today Your truth. Give them purity of heart, which this budget is sent to us. Re- from 12:30 to 2:15 for the weekly policy that they may honor You. Use our Sen- member, when this President took of- luncheons. ators as instruments of peace on Earth. fice we were headed into a fairly sig- We pray in Your great and Holy Name. Also, I alert Senators that the nificant recession. It was a recession Amen. Chertoff nomination to be Secretary of that had arisen out of the most rapid Homeland Security is now available on f economic expansion in our history. It the Executive Calendar. We will be was called a bubble, and was appro- PLEDGE OF ALLEGIANCE looking for the first available window priately defined as a bubble, the Inter- The PRESIDENT pro tempore led the to schedule that nomination for floor net bubble of the late 1990s. When that Pledge of Allegiance as follows: consideration as well. bubble broke, it was very likely and it I pledge allegiance to the Flag of the I yield the floor. would be historically consistent if we United States of America, and to the Repub- The PRESIDENT pro tempore. The had gone into an extraordinarily deep lic for which it stands, one nation under God, Senator from New Hampshire. recession. But the President of the indivisible, with liberty and justice for all. Mr. GREGG. I take it we are in morn- United States had the foresight at the f ing business, Mr. President? beginning of the recession to propose The PRESIDENT pro tempore. We RESERVATION OF LEADER TIME to the Congress, and the Congress sup- are in morning business. ported it, a fairly significant tax cut The PRESIDENT pro tempore. Under Mr. GREGG. Mr. President, I yield which was able to shallow out the re- the previous order, the leadership time myself such time as I may consume cession. That is the classic approach to is reserved. under morning business up to 10 min- addressing a recession, in trying to f utes. move out of recession: cut taxes so you The PRESIDENT pro tempore. The create more economic activity. You MORNING BUSINESS first 30 minutes is under the control of leave more revenues at home with the The PRESIDENT pro tempore. Under the majority leader or his designee. people, allow them to spend more of the previous order, there will be a pe- f their own money, and as a result you riod for the transaction of morning come out of the recession more quick- business for up to 1 hour, with the first THE BUDGET ly. And that is exactly what happened. 30 minutes under the control of the ma- Mr. GREGG. Mr. President, I am ris- Today we are seeing a robust recov- jority leader or his designee and the ing to discuss the budget as presented ery. We are seeing a very low jobless

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

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VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1068 CONGRESSIONAL RECORD — SENATE February 8, 2005 rate. I think it is down to 5.2 percent, aggressive timetable, but it is one half over 4 years, as I mentioned, he in fact. Even though there was a sig- which is very doable. The President has has also stepped forward on this crit- nificant revenue reduction, a tax cut in put forward an aggressive and effective ical issue and suggested we do need to the first term of this Presidency, we outline to accomplish that. address these major entitlement pro- are now seeing revenues growing at an The second thing this administration grams. And he has made proposals in extremely robust rate: Last year, 9.2 has proposed is to address the outyear the area of Social Security that have percent, this year they are going to issue, which is even a bigger problem been hotly debated here and that will grow by 6.5 percent, it is projected next for us as a nation. This is a function of continue, obviously, to be a subject of year at 7 percent, and so on into the fu- the huge population in this country considerable consideration. ture. As a result of his economic poli- called the baby boom population. We In this budget he has specifically ad- cies, we are seeing a recovery. are going to see a massive shift in the dressed the issue of entitlement spend- In addition to being confronted with demographics of this country. Begin- ing, especially in the area of health a recession, he was, of course, con- ning in the year 2008, the baby boom care and Medicaid, and in a number of fronted with the fact that the United population will start to retire. It is the other areas such as agriculture. It is States was attacked, attacked merci- biggest population segment of our soci- those entitlement programs which we lessly by evil people. The damage ety, and the pressure that it will put on as a Congress have an obligation to try caused by that attack was not only the systems that support our retire- to fix today so that they do not end up personal loss, which was dramatic and ment, people who are in retirement, bankrupting our children and our chil- obviously horrible, but it was also eco- will be dramatic, both in the area of dren’s children tomorrow. The importance of this is highlighted nomic loss, having a significant impact Social Security and in the area of by this chart behind me, the effect of on our economy and, as a result, caus- health care. ing us in the Federal budget to specifi- As a nation we have had a very entitlements on the spending of the cally have to spend a lot of money we strong commitment to senior citizens, Federal Government. If you look at hadn’t anticipated spending fighting ever since the days of FDR. We can this chart, the orange line is entitlement spending, the yellow line is de- the war, and also having an impact on take great pride in the success of that fense spending, the red line is non- our revenues as a Federal Government. commitment, and we intend to con- defense discretionary spending, and the The President has been prosecuting tinue that commitment, but the whole this war against terrorism in an ex- bright red line is interest. genius of the Social Security system, You can see that in the year 2000, en- tremely aggressive and appropriate and to a large degree the Medicare and titlement spending was about 55 per- way and the results are pretty obvious. Medicaid system, was the concept it cent of the Federal budget. This year it We have not been attacked, now, for al- would always be a pyramid; that there will be about 56 percent. By the year most 3 years. We invaded Iraq to would always be a lot more people 2015 it will be 64 percent of the Federal change a totalitarian, despotic regime, working than would be those taking budget. As a result, it will essentially and we have been successful there. We out of the system; that there would be absorb all the revenues of the Federal have seen an extraordinary event many people paying into the system to budget—all the revenues of the Federal there, the elections which just oc- support individuals who are on retire- budget—unless we address these pro- curred. Afghanistan is on the road to ment. grams today so we have them in order democracy. The success in the war on In 1950, for example, there were 12 so they do not put that type of pressure terror cannot be denied. We are making people paying into the Social Security on our Federal budget and on our chil- significant progress, but it is still a system for every 1 retired person sup- dren who have to pay the costs of that war we need to fight and we need to ex- ported by that system. Today it is budget through their tax burden in the pend considerable resources to accom- about 3.5 persons paying into the re- future. That is why reforming Social plish that. So there has been this dual tirement system for every 1 taking out Security is so important. It is why this pressure put on our Federal Govern- of that system. But because of the size budget is such a positive step, a step in ment: first a recession, and, second, of the baby boom generation, beginning the right direction toward reforming fighting a war on terror that had not in the year 2008 those numbers change the way we, as the Federal Govern- been anticipated when this President dramatically, and by 2016 there will ment, operate. That is why I congratu- came into office but has been well han- only be 2 people paying into the system late the President for it. dled by this President since he has for every 1 taking out, and we go from What the President has proposed is been in office. a pyramid to essentially a rectangle essentially a budget which, for lack of As a result, we now confront some and it is simply not supportable in its a better term, gores everybody’s ox. He significant fiscal questions that we present form. essentially has said: Listen, if we are must address. Having put in place the The practical effect of that is that going to get our fiscal house in order, tax cut, which has caused very strong those children who will be working, our we can have no sacred cows. Every- economic recovery and which is start- children and our grandchildren whom body’s programs have to be on the ing to show significant revenue in- we want to see have a better lifestyle, table. We have to look at every pro- creases, and having pursued a course of those two people will have to pay a gram and prioritize in those programs. fighting a war that has cost us a great much higher burden of taxation in Yes, there is a significant increase in deal of money, we now must make deci- order to support that one person who is defense spending, but the increase in sions on how we properly balance our retired unless we do something about the defense spending is not as great as fiscal house in Washington. The Presi- that, unless we address that issue. it had been projected it would be. In dent has suggested we do that essen- So the issue is, do we want to pass on other words, the President has looked tially by looking at all functions of the to our children a system that we know at the base, the defense spending base, Federal Government and trying to ad- will not work, or that we know will put and actually reduced that. If you don’t dress them in a comprehensive, them in a position where they have to believe me—you don’t have to believe thoughtful way, and at the same time pay so much in taxes that their life- me on that. All you have to do is listen in a fiscally responsible way. style will be less favorable than ours to some of the folks outside this build- There are two issues we confront in has been or will we address this issue ing who advocate defense spending for the area of fiscal responsibility. The today and start to get ready for that programs they support. We are already first, of course, is the short-term def- retirement boom, that large demo- hearing from a number of defense con- icit. How do we get this deficit down? graphic shift, and as a result taking tractors, a number of people in the ac- How do we reduce its size so we do not the burden off our children and grand- tivity of supporting the Defense De- end up taking bills that we are incur- children to a certain degree and assur- partment, that their contracts are ring today and passing those bills on to ing them that they also have a retire- being impacted because the defense our children to pay tomorrow. The ment system that works? budget has been reduced from what it President has put forward a budget The President has not only suggested was projected to be. that reduces the deficit in half over the a budget which in the short term ad- The President has put defense on the next 4 to 5 years. That is an extremely dresses the deficit by reducing it by table. Obviously, he has put nondefense

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1069 discretionary on the table; that is, all giving more flexibility to the Gov- any longer on defense; it should be the other spending on the discretionary ernors is one which I think we as a spent on something else or returned to side in that he has limited the increase Congress can move forward and hope- the taxpayers in tax cuts, which gets in these accounts to about 1 percent fully can be part of the budget. me to the second issue. less than the rate of inflation. He has I don’t get to make the decisions as You can’t have it both ways, but picked priorities. He has named 150 Budget chairman. I don’t get to make some of our colleagues would like that. programs that he is either willing to any decisions. The leader may make You cannot be opposed to the tax cut 2 reduce or actually eliminate. That is a decisions, and the Senator in the chair. years ago and then say taxes need to go courageous step on his part. The Con- But as Budget Committee chairman, I up this year when the numbers show gress doesn’t have to stick with those theoretically put forward a budget— pretty distinctly two things. priorities. sort of a blueprint, the mark that peo- One, as I mentioned earlier, because There are some programs I have con- ple work off of for the rest of the year. of the tax cut the recession was cerns about, which everybody else in The Budget Committee comes out with shallower, more people got back to this Chamber has talked about—this top-line numbers. Then it is up to the work quicker, more people had money program or that program. But we have Finance Committee to do the mechan- in their pockets to spend sooner, and as to acknowledge the basic goal of lim- ics of how that number is going to a result the economy recovered faster. iting nondiscretionary to an increase work. Two, tax revenues are up. They are of 1 percent, which is a reasonable goal. The President has laid out those spe- up dramatically, and they are pro- And within that increase, we as a Con- cific ideas. But the Finance Committee jected to continue to go up. They are gress can set the priorities. We don’t is led by some very creative people. up by 9.2 percent last year, 6.5 percent have to accept all 150 programs the Senator GRASSLEY is one of the most this year, and headed toward 7 percent President sent up here as his sugges- creative people around. He has a tal- next year. They are headed to continue tion for places where we cut or where ented group of people who may come to grow at that type of compounding we will reduce programs. We can pick up with a different way to approach for the foreseeable future, which means other programs, but we do have to this. But we should be able to agree tax revenues are headed back to their pick. That is our responsibility in gov- that the rate of growth of those enti- historical place as a percentage of ernance. tlements should be slowed. The same is gross national product, which is about We have to be willing to step up to true in other entitlement accounts 7.9 percent; and they are getting there the table and say yes, there are prior- which the President has addressed. I because we have more economic activities in times of a tight fiscal process. congratulate him for that. ity as a result of having put in place We have to make some difficult judg- There are two issues which have re- tax laws which create an incentive for ments, and those judgments should be ceived a fair amount of attention from capital formation—jobs and economic subject to a limitation—a number on the press, and from the naysayers who activity. which we all agree. And, in my opinion, gather around this Capitol talking The tax cuts are working in gener- the President has picked a reasonable about fiscal discipline, trying to use ating more revenue. If you were to number, which is about a 1-percent this basically as a straw-dog argument. raise taxes now on top of this embry- rate of cut in these accounts. I always ask these folks, Where is your onic economic recovery we are experi- In the entitlement area, the Presi- idea? Where are you going to make encing, you would flatten the recovery. dent has also said we have to slow the your difficult decisions for controlling And as a result, you would probably be rate of growth of entitlements. This spending? You don’t usually get that reducing revenue rather than raising chart, as I mentioned, shows that as answered. What you usually get is this: revenue because the economy would being an absolutely critical decision. It He doesn’t include the issue of the war start to slow down. It would be the ab- is about time we do. costs; or, he doesn’t account for his tax solute wrong policy. He, of course, has suggested an entire cuts; or, the tax cuts are too high. I await with great anticipation a national debate on the issue of Social Let us address both of those issues. budget from the other side of the aisle. Security. It is not part of this budget. First, on the war costs, the war costs I certainly hope they will put one out In the Budget Committee, I don’t have should not be in the basic budget. They this year. They did not put one out much impact on Social Security. It is should be accounted for, and we are when they were in charge of this place, outside our purview. But he also has going to account for them. They should and they didn’t put one out last year, been willing to step forward on a num- be very visible and transparent, and or the year before. I await with great ber of other entitlement programs— they will be. But these are not one- anticipation to see the tax increases specifically Medicaid, where he has time items. Unfortunately, they are they will actually bring forward. made a suggestion which I think makes not. They are certainly two- or three- Maybe they will be the same taxes or a lot of sense as a goal. He essentially time items, and they won’t be occur- the exact same policy which we saw said, Governors, we will give you an in- ring 4 or 5 years out. This is a 5-year from Senator KERRY when he was in crease that you can use for the pur- budget. The war will be over, hopefully, charge—not in charge. I should not say poses of bringing more kids into the within a year or a year and a half when that, but when he was running for Medicaid Program, which is what our our need to put a lot of money into President. His proposal was to raise goal should be under Medicaid, but the Iraq will drop dramatically. It is look- taxes on the highest income Americans increase isn’t going to be as great as ing like that may be the case after and then spend the money, the net ef- you want. However, at the same time, these elections. We don’t want to build fect of which he was going to spend $1 we are going to give you dramatically into the base of the Defense Depart- trillion more than he would take in more flexibility on how you spend that ment the war costs so that 5 years from which would have aggravated the def- money. now we are giving the Defense Depart- icit by $1 trillion. That is, of course, a I don’t know a Governor who is worth ment all the money they are spending policy which, if those on the other side his or her salt in this country today in Iraq as part of their base, because of the aisle want to continue to debate, who wouldn’t be willing to get a little they are not going to need it. we look forward to debating. less money with a lot more flexibility This argument that the war costs are The bottom line is this: The Presi- and feel they can do a lot more effec- not included is a straw dog. It simply is dent has proposed a stringent, respon- tive job of delivering that money and not a good approach to fiscal account- sible budget which moves us toward re- getting services out to people who need ability. It is appropriate that we ac- ducing the deficit by half in the next 4 Medicaid. count for it, and we will. It is appro- years. That is what we need to do. I think it is a good proposal, the type priate that it be highlighted, and it More importantly, the President has of proposal we should embrace and say will be. But it shouldn’t be built into stepped forward on the key issues of that is probably going to be very good the base of the budget if 3 or 4 years the outyears—specifically Social Secu- policy. from now we would be spending a lot of rity and entitlement spending—to try In any event, the difficulty of slow- money on defense which was spent on to address so we can assure our chil- ing the rate of growth of Medicaid and the Iraq war and it should not be spent dren do not end up having to pay so

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1070 CONGRESSIONAL RECORD — SENATE February 8, 2005 much in taxes in order to support us in budget which he has come forward future conflicts out there. We need to our retirement years when they cannot with, that is never going to happen. I make sure our men and women will live as good and as full of a life as we am very pleased to see the President is continue to have the best weapon sys- have had. leading us in the right way from a fis- tems available to them to continue the I congratulate the President on his cally responsible standpoint. fight for freedom around the world budget, and I look forward to working That having been said, there are a when freedom calls us. with this Congress in passing such a number of programs in the President’s In that regard, there are two par- budget and moving toward fiscal re- budget that he has proposed elimi- ticular weapon systems that are pro- sponsibility in this country. nating. I think there are some 150 proposed to be eliminated in this budget I thank the Chair. I yield the floor. grams. In last year’s budget that came that I have serious questions about: The PRESIDING OFFICER (Mr. from the White House, we saw a pro- the FA–22—not that we are eliminating ALLEN). The majority leader. posal to eliminate some 61 or 71 Fed- it, but the number we are going to f eral programs that were not per- buy—and also the C–130, which is a great weapon system, a weapon system EXTENSION OF MORNING forming up to the standards at which that has been in our inventory for at BUSINESS they should be performing. Therefore, the President was proposing to elimi- least four decades, and we are into the Mr. FRIST. Mr. President, I ask nate those, very much like what he has fifth decade. Any time you turn on the unanimous consent that morning busi- done this time. TV, whether you see the Baghdad ness be extended 10 minutes to each The problem is when those proposals International Airport or whether you side. reach Capitol Hill, we tend to look at see the tsunami relief effort, you see C– The PRESIDING OFFICER. Without those programs and then somebody has 130s flying the flag of America as well objection, it is so ordered. some parochial interest in those pro- as other countries participating in na- The Senator from Georgia is recog- grams and they never get eliminated. I tional security issues. nized. don’t know what the programs are this It is critically important that we re- f time. I have not looked at the budget view the proposals relative to these FISCAL RESPONSIBILITY in that kind of detail. But I do hope— two weapon systems. The C–130 is proposed to be eliminated, and the FA–22, Mr. CHAMBLISS. Mr. President, I and I know under the leadership of we are thinking in terms of not buying am pleased to hear our Budget chair- Senator GREGG as well as Senator CON- as many as we originally thought we man stand up and talk about real fiscal RAD, who is very fiscally minded al- would buy. responsibility. I am also very pleased ways—that we look at these programs which the President is suggesting, that I was in a meeting this morning at to see that we have a President who the Pentagon that the President hap- continues to provide the kind of strong we look at eliminating them, and that we give them serious consideration rel- pened to be in, and we had a very good leadership Americans demand. discussion, a frank discussion with the In 1994, when I was elected to the ative to their efficiency, to whether Secretary of Defense and his colleagues House of Representatives, I cam- they are performing at the standard we relative not just to this issue but to have always anticipated they perform paigned long and hard on the fact that the overall issues relative to Iraq, as at, and if they are not performing, then we needed to move the Federal Govern- well as the budget. I was pleased to ment back to the same type of fiscal we ought to consider eliminating them. There are two areas of the budget I hear they are going to continue to look responsibility we ask every single at these two weapon systems, and American to make every month when do have some concerns about. First of all, we are seeing an increase of about hopefully we will make some changes they sit around their kitchen table; from the budget that are more real- 5 percent in defense spending. I know that is, not spend more money than we istic, more reasonable, and decisions the President is like me. He is very take in. Thank goodness, due to the that are a lot more correct than the de- strong minded when it comes to de- economy thriving and surging ahead cisions contained within the budget. and due to fiscal responsibility on the fense issues. We have a very difficult The second area I will talk about part of Republicans and Democrats in situation, a very complex situation on that concerns me relative to this budg- the 1990s, we were able to not only bal- our hands right now, relative to Iraq. et is the proposal to reduce the budget ance the budget but achieve surpluses. We are still in the midst of a war. It is of the Department of Agriculture by Then along comes September 11, 2001. imperative that we continue to spend some $5.7 billion over 10 years. In 2002, Since that point in time, we have oper- the money necessary to make sure we wrote the latest farm bill. That ated in a deficit situation for a number America’s military forces are the best farm bill was a controversial farm bill. of reasons. trained, the best equipped fighting It has been criticized by conservatives. First, revenues have been declining forces in the world. We need to make It has been criticized by liberals. It has from the projected increases we sure they have in their possession the been applauded by both sides as well. I thought we would have. But most sig- latest, most technologically advanced happen to think it is the right kind of nificantly, we have seen an increase in weapons systems that are made any- farm bill that allows our consumers in Federal spending both in defense and where in the world so they can protect America to go to the grocery store and nondefense areas, but also in homeland freedom and democracy around the be able to continue to buy the most security-related areas irrespective of world; that they can accomplish what reasonable food products of any indus- whether it is defense or nondefense. is being accomplished in Iraq today; trialized country in the world. We Therefore, we have seen ourselves pro- that is, the liberation of the Iraqi peo- spend less money per dollar on food jected back into a deficit-spending sit- ple; that we are giving hope and oppor- products in this country than any uation. tunity to the people of Iraq in making other industrialized country in the But we have a President who has sure they live in a free, open, and world. We have a guarantee that those made a commitment to the American democratic society, in a country where products are safe and secure, and at the people. He made it during the course of freedom does reign; where they have an same time we provide the research that the campaign, and he is living up to opportunity to provide a better quality allows our farmers to produce the high- what he talked about during the cam- of life for themselves and their chil- est quality and the largest yields of ag- paign; that is, we need to return to dren, unlike the society in which they riculture products of anyone in the more of a balanced budget scenario so have lived for the past 30 years under world. our children and grandchildren can see Saddam Hussein. All of that happens for one simple us operating in the black in the future, In order to do that, it is imperative reason; that is, the action this body, as and we can tell them that we were fis- we look at the weapon systems we are well as the House of Representatives, cally responsible and that we will turn going to be purchasing over the next takes when we write a farm bill. That this country over to them with a new, decade, over the next two decades, and is exactly the result that happened sound fiscal condition. into the future, because we not only from the 2002 farm bill. Unless we have somebody who is as have this conflict to consider, but we This budget seeks to rewrite that bold as this President is with this must also keep in mind there will be farm bill and to reduce the amount of

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1071 funding under that farm bill. That is own budgets expect us to put the same paying American should demand spend- wrong. We have to look at the pro- thoughtfulness into how we spend their ing reform, demand that earmarks and posals and make sure farmers and hard-earned money here in Wash- pork barrel spending in the appropria- ranchers participate in the deficit re- ington, DC. And for too long, we have tions bills be eliminated, and call on duction, which they have always been been largely irresponsible with how we Congress to eliminate the ineffective willing to do. They are the greatest spend their money. First, we have to programs. Rather than having lobby- people in America, even though they prioritize our spending—and that ists and activists calling on Congress are small in number these days. They means making tough choices. to increase spending for every program, are hard-working, dedicated men and Our Our top priority today must be Congress should force these groups to women who have made plans under the our security. That includes the secu- identify cost savings too. current farm bill for 6 years, which is rity of our borders and the safety of For example, it you want more the length of that farm bill. They made the brave servicemen and women in spending for one of the more successful financial commitments, they leased Iraq, Afghanistan, and around the housing programs, housing activists land. They have their crop rotations world who are helping secure our bor- should be forced to identify a housing planned out for 6 years. We are in the ders and our freedom. We must be vigi- program that is a failure. That way middle of that. We are in the third year lant in making sure that our military Congress can reallocate resources to of that. has the tools it needs to get the job the better run programs. This goes for Those who wrote the farm bill told done. every federally funded program. It the Members of the House of Rep- We also cannot afford to turn our should no longer be acceptable in resentatives and the Members of the backs on the economic growth that we America for our elected officials not to Senate as well as the farm community have been experiencing. Economic ask that hard question before increas- that when we wrote that bill we were growth continued job creation are what ing spending from one year to the next. changing it philosophically to a farm will help bring increased revenue into The future of America’s financial house bill that would extend a helping hand the Government coffers and ultimately demands a changed way of thinking. to our agriculture community in times help reduce our deficit even further. I yield the floor and suggest the ab- of low yields and low prices, but when Now some critics of the President’s sence of a quorum. prices were good and yields were good budget in the Senate might say that we The PRESIDING OFFICER. The the Federal Government was not going should raise taxes on the American clerk will call the roll. to be there in the way of commodity family to reduce the deficit. I don’t The assistant legislative clerk pro- payments; that is exactly what hap- think that takes us in the right direc- ceeded to call the roll. pened. tion. Mr. LAUTENBERG. Mr. President, I It was projected by the CBO that we That kind of thinking fails to recog- ask unanimous consent that the order would spend for the first 3 years $52 bil- nize how the tax cuts of 2001 and 2003 for the quorum call be rescinded. lion. The fact is, we have spent $37.9 have helped our economy grow. This The PRESIDING OFFICER. Without billion. The reason is, for 2 of those growth has resulted in 20 straight objection, it is so ordered. years, we have had good yields and we months of increased employment. In The Senator from New Jersey. have had good prices, so payments have 2004 alone, America created 2.2 million Mr. LAUTENBERG. I thank the been down. new jobs. Each of these workers is Chair. While I applaud the President and I gainfully employed and taking care of (The remarks of Mr. LAUTENBERG and applaud his administration for being their own family. They are also paying Mr. CORZINE pertaining to the intro- fiscally responsible and coming for- taxes. duction of S. 308 are located in today’s ward with a budget that does meet his In fact, as a result of increased em- RECORD under ‘‘Statements on Intro- goal of cutting the deficit in half dur- ployment, even with lower tax rates, duced Bills and Joint Resolutions.’’) ing the next 4 years, we have to be individual income tax revenue will in- The PRESIDING OFFICER. The Sen- careful and make sure we do not throw crease almost $73 billion this year. ator from Iowa. the baby out with the bath water and Overall revenue is expected to increase Mr. HARKIN. Mr. President, may I that we make sure we approach this by almost $125 billion this year. I think inquire how much time remains on our budget for the next 5 years in a sound this is proof that the tax cuts worked. side? and sensible manner, in a manner that This is one important reason we have The PRESIDING OFFICER. There is makes sure our defense community is to make sure that we don’t raise taxes 21 minutes 9 seconds. looked after and makes sure that all of on American families this year and in Mr. HARKIN. I thank the Chair. America is looked after when it comes the years to come. f After we decide what our priorities to our agriculture production and our BUDGET PRIORITIES ability to buy safe and secure products are when it comes to spending, we have in the grocery store. to make more difficult decisions about Mr. HARKIN. President John Ken- I yield the floor. what we will cut from our budget. As nedy used to say that to govern is to The PRESIDING OFFICER. The Sen- we would tell our children and as we choose. Certainly that is what a pro- ator from Nevada. must sometimes remind ourselves, posed budget is all about. It is about f ‘‘Money doesn’t grow on trees.’’ Our choices and priorities and the values budget must reflect the understanding that underlie them. BUDGET that there are limits to how much we A budget is not just numbers. There Mr. ENSIGN. Mr. President, I rise can spend—as is true for the typical are a lot of figures in there, but ulti- today to talk about a process that family creating a budget. mately a budget is about people and many Americans face each year. Imag- Although it might be easier to con- priorities and what kind of an America ine your average American family with tinue throwing money at failing pro- we want. It speaks about the values of paper and pencil in hand, gathered grams, it is not the right thing to do. our country. around the kitchen table discussing If a program is not effective, it cannot On that score, President Bush’s pro- their budget for the year. Their funds expect to cruise on the Federal dole in- posed budget for 2006, sent yesterday to are limited—and going into a deficit is definitely. We must demand account- the Congress, speaks in the starkest of not an option for them, like it is for ability, and we must focus on programs terms. Gone is any pretense of compas- their Government. They must choose that are making a difference. I applaud sionate conservatism. Gone is any pre- their priorities, cut the wasteful spend- President Bush for taking the position tense of concern for the most needy in ing, and make sure that their spending that ‘‘. . . a taxpayer dollar must be our society. Instead, what we see in the does not add up to more than their in- spent wisely, or not at all.’’ That is the budget released yesterday is an unvar- come. leadership we need in order to make nished message that the far right rules, Here in the U.S. Congress, we’ve been these difficult reductions. that the gloves are off, and future tasked with the same job. Those tax- All Americans can work together to budgets will reflect traditional hard paying families that toil over their reduce Federal spending. Every tax- right priorities.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1072 CONGRESSIONAL RECORD — SENATE February 8, 2005 Specifically, the President’s position deliberate train wreck. He has cut These are the wrong choices, the is that the tax cuts for the very rich taxes by trillions of dollars, vastly in- wrong priorities, and the wrong values. must not be touched. In fact, they creased spending on the Pentagon, Why in the world are the President’s must be made permanent. Moreover, spent hundreds of billions on the war in tax cuts for the rich untouchable? We two additional tax cuts for the very Iraq, rammed through an ill-conceived are no longer in a recession. The Presi- wealthy—tax cuts passed in the 2001 prescription drug plan costing half a dent says the economy is strong and tax bill which become effective next trillion dollars, he has proposed bor- creating jobs. During the Clinton year—must also not be touched. Mean- rowing more than $4 trillion for his years, we created 100 times more jobs while, President Bush proposes to slash scheme to privatize Social Security, a per month, and we did it not by cutting critical life-supporting programs for scheme that does nothing to address taxes but by balancing budgets. That is veterans, schoolchildren, the sick, the the long-term shortfall in Social Secu- what a budget is. It is to impose some poor, the disabled, the most vulnerable rity, and now the President has the self-discipline. But the budget Presi- in our American family. gall to point to this fiscal train wreck, dent Bush sent up yesterday refuses to This proposed budget is the antith- his train wreck, and say the deficits impose self-discipline except on the esis of compassionate governance. Yes, are out of control, but since the tax poorest and the neediest. President Bush still trots out the con- cuts are untouchable, we have to cut For 2006, the President is demanding servative rhetoric about tightening our programs for our most needy citizens: a $2.6 trillion Government, but he is re- belt and making difficult choices in We need to cut education, cut health fusing to raise any revenue to pay for next year’s budget. But he has a double care, cut rural development, cut police it. In order to preserve the tax cuts, standard. On the one hand he says officers, and firefighters. the President is saying: We are going times are tough. We can’t afford to In short, what the President is saying to have to borrow at least $390 billion, properly fund education for Iowa’s is, we have to tighten belts on mem- an amount equal to the entire Pen- schoolkids, health care for our vet- bers of our American family whose tagon budget, and pass it on to our erans, economic development for rural belts are already tightened to the last children and grandchildren. communities or programs to keep po- notch. But to those whose coffers are This does not reflect the values of lice officers on our streets. On the full, whose stomachs are full, he says: working Americans who sacrifice every other hand, the President says, times We will give you a bigger belt. In case day to balance their own budgets. I in- are not too tough for yet another tax you are down to the end notch, we will tend to challenge the President’s prior- giveaway bonanza for the wealthiest give you a bigger one. ities. I do not accept his idea that tax Here are just a few of the most egre- Americans. cuts for the very rich are untouchable Specifically, the budget released yes- gious cuts in the budget that was sent while essential programs for our most terday calls for implementation next to us. First, there are deep cuts in edu- vulnerable citizens are fair game for year of two new tax cuts worth billions cation for the first time in 10 years, at cuts or zeroing out. It is wrong to put a time when our schools are struggling of dollars, with more than half of the virtually the entire burden of deficit to meet the requirements of No Child benefits going to those making more reduction on the backs of our poorest Left Behind, eliminating funding for than $1 million a year. In short, Presi- citizens, yet this is what is being done education technology, school coun- dent Bush’s proposed 2006 budget is with this budget. selors, alcohol abuse reduction, dozens easy on the rich and privileged and I know many of my colleagues on of other education initiatives. both sides of the aisle share these con- tough on children and the poor. Secondly, at a time when U.S. work- Hard-working Americans are looking cerns. The President’s budget is deeply ers are fighting for jobs in the global disappointing and disturbing. But the at these proposals and saying: Those economy, the President’s budget cuts aren’t our priorities. Those are not our job training by $330 million and elimi- President’s job is to propose a budget. values. This is not our idea of fairness nates vocational education funding. We now know what President Bush’s or shared sacrifice. Why should a Wall Next, the budget would slash $1.6 bil- values are. We know how he wants Street speculator making more than $1 lion in funding for local police, while America to look. That is what he is million a year get yet another big tax eliminating drug task forces and the proposing. It is our job in Congress to cut while kids in rural Iowa are getting successful High Intensity Drug Traf- write and pass a budget and to reflect kicked off of Head Start? ficking Areas Program which has been the values and the choices that Ameri- I made an inquiry about the slashes so helpful in fighting the meth epi- cans want for their future. I appeal to in Head Start. I was told: It is only demic in Iowa and other places. my colleagues, let us join to write a 25,000 kids. The cuts in the Head Start Next, the budget calls for some 2 mil- budget that is fair, a budget that re- Program in the President’s budget lion veterans to pay a new $250 annual flects the essential American values of would only deny 25,000 kids nationally fee to receive health care, and it dou- fairness and shared sacrifice and com- to Head Start. bles the cost of their prescription passion toward the most vulnerable in Only? I thought we were not going to drugs. Welcome home, Iraqi veterans, our American family. leave any child behind. Yet we are welcome home. In closing, I noticed last week an ar- going to say to 25,000 of the neediest Rural America is singled out for deep ticle in the newspaper that said ‘‘Bush kids in America: Sorry, we don’t have cuts, cuts in programs to help family prays for poor.’’ It said: room for you in Head Start. Only farmers and rural small businesses to President Bush followed his State of the 25,000? survive, cuts in agricultural conserva- Union address with a prayer Thursday morn- These are wrong choices and mis- tion programs, cuts in clean drinking ing, saying that praying reminds the faithful placed priorities, and they reflect bad water for our small towns and commu- to hear ‘‘the cry of the poor and the less for- values, values that are offensive to the nities. The budget slashes funding for tunate.’’ basic decency and caring and fairness rural health programs by 80 percent. It Well, I believe in the power of prayer. of the American people. cuts health profession training by 64 I always have. But maybe the Presi- Let’s be clear about the game being percent. It zeros out the block grants dent’s prayer is a little misplaced. played here—only it is not a game; it is for preventive health care, the one Maybe who we ought to be praying for a deadly serious ideologically driven thing we need to do to move from a is the rich. Maybe we ought to be pray- plan—the objective of this plan is best sick care system to a health care sys- ing that those who have a lot in our so- expressed by Republican leader Grover tem and have preventative health care ciety, those who have the biggest Nordquist who said his goal is to ‘‘cut block grants. It zeros them out. homes and the nicest cars, who have government in half . . . to get it down Last, the budget calls for giving the biggest and the fattest bank ac- to the size where we can [drag it into States more ‘‘flexibility’’ under Med- counts, those who are able to pass on the bathroom and] drown it in the icaid. But this is nothing more than a wealth to their children, maybe we bathtub.’’ That is their goal. code word for cuts, cuts of billions of ought to be praying for them in this To that end, over the last 4 years dollars in health care for the poorest, way: That in their hearts they will un- President Bush has engineered a fiscal for the mentally ill, those with disabil- derstand and know that what we are train wreck, a methodical, purposeful, ities. doing here is wrong; what we are doing

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1073 to our American family is not in the I have known our minority leader for stricted budget, which impacts very best interests of fairness and decency the last 30 years. He is a good, decent, heavily on the subcommittee that I and compassion. kind human being. He is tough, but we have chaired now for many years. Let us pray for those who have the expect him to be tough in making sure The Department of Labor, for exam- most in our society, that they will get our rights are protected, and making ple, has cut some $400 million; the De- to this President and say: Mr. Presi- sure the debate flows in the Senate, so partment of Health and Human Serv- dent, we have enough. We don’t need we are able to come together and work ices has been cut by $1.8 billion; the any more. We need to pay our fair things out, with having the President Department of Education cut by some share. We don’t need these two new tax of the United States say this is the way $500 million. So that the total impact cuts that are coming down next year. it is going to be and you have to follow on the subcommittee has been a reduc- Take those off the table. Let’s have suit. That is not the way our country tion of $2.4 billion, which is very dif- shared sacrifice for all in our society. works; it is not the way the Senate ficult when you are talking about edu- And maybe those who the President works. cation and health and capital invest- listens to the most, the rich and the I am hopeful the RNC will look into ments. Those are not expenditures, powerful, maybe if they could get to their own hearts and see that this is they are capital investments—as are him with a change of heart, then not the right way to do things. It is programs related to worker safety. maybe we can change our priorities. going to make it tougher to get things The President has proposed some pro- Maybe rather than praying for the done around here. It is going to make grams that are excellent. There is $45 poor, we ought to be praying for the it much tougher if the Republican Na- million for a new gang youth initia- rich to have that change of heart, to tional Committee continues to try to tive, which has been sponsored and spo- talk to this President, to talk to the ARRY REID, de- ken about by First Lady Laura Bush. leaders in Congress about fairness and drag down Senator H monize him, call him an obstructionist, There is $125 million for health care inequity and justice for the least in our formation technology, which is an in- society. and to ‘‘Daschleize’’ him—whatever crease of $25 million. This is funding That is what a budget is about. It is that means. I guess it means to make not numbers. It is about who gets and Senator REID the object of scorn for the subcommittee had started some who doesn’t. It is about what kind of a the Republican National Committee. I time ago to enhance technology and in- structure our country will have. It is hope the Republicans in this body will formation. We have had an increase in about hope. It is about giving hope to tell the RNC to back off. This is not community health centers of about those who have the least—that they, the way we do things around here. $304 million. There is a new program too, can have a brighter future; that Mr. President, I yield the floor and for high school risk initiatives, for they, too, are members of our family; suggest the absence of a quorum. high school students who are at risk. that they, too, are valuable. And while The PRESIDING OFFICER. The At the same time, there have been these poor kids in Head Start don’t clerk will call the roll. major eliminations. For example, the have a rich parent to get them into a The assistant legislative clerk pro- so-called GEAR UP program, which private school, to get them tutoring, ceeded to call the roll. provides for the transition from the who do they rely on for their kids to Mr. SPECTER. Mr. President, I ask seventh grade on through high school, get that Head Start? They rely upon unanimous consent that the order for has been cut by more than $306 million. us—the Government—because they the quorum call be rescinded. The vocational and technical education don’t have a rich parent or a rich The PRESIDING OFFICER. Without programs have been cut by $1.3 billion. uncle. So, yes, this Government can objection, it is so ordered. Educational Technology State Grants give hope to people—not just the f have been cut by $496 million, and cor- wealthiest but to those on the bottom. rectional educational programs have RETAINING CHAIRMANSHIP OF been cut by $26.8 million. There have That is what this budget is about and THE LABOR, HHS, AND EDU- that is why I intend to challenge the also been major decreases in training; CATION SUBCOMMITTEE some $333 million is cut from employ- President on this budget, to make sure Mr. SPECTER. Mr. President, in a we have our priorities right. ment and training programs; $29 mil- few moments we are going to be mov- lion is cut from the Job Corps; $35 mil- f ing to the class action bill. Senator lion from a program for ex-offenders TURNING UP THE HEAT DURBIN is due to arrive to offer an has been eliminated. Mr. HARKIN. Mr. President, I no- amendment. In the intervening time, I There has been a decrease in Healthy ticed a plethora of articles recently would like to take a few minutes to Start. The Centers for Disease Control about the Republican National Com- discuss my decision to retain the chair- has been cut by $555 million, which is a mittee turning up the heat on Minority manship of the Appropriations Sub- little hard to understand at a time Leader HARRY REID. I notice here that committee on Labor, Health and when we are calling on the CDC to un- there is some other stuff coming out Human Services, and Education. The dertake so many new actions. The pro- from the Republican National Com- Appropriations Committee has been gram for low-income home energy as- mittee saying they are going to considering the formation of a new sub- sistance—a very vital program, espe- ‘‘Daschleize’’ REID, making HARRY committee on intelligence. Under my cially for seniors who have to make de- REID, our minority leader, the obstruc- seniority position, I would have been in cisions on limited compensation as to tionist. a position to take that subcommittee whether they will heat or eat—has Again, this is not what working to- assignment. I have had a very keen in- been cut by some $182 million. Grad- gether means. Look, we Democrats are terest in intelligence, chairing the Sen- uate medical education has had a de- in the minority. I believe we are the ate Intelligence Committee in the crease of $101 million. Perhaps of great- loyal opposition. We need to provide a 104th Congress, being coauthor of the est concern—and it is hard to prioritize different view for the American people. homeland security bill, and the fight these cuts—has been the budget pro- This last election was very close. There against terrorism is obviously our No. posed by the administration for the Na- is no mandate for one side or the other 1 priority. So, I have been very strong- tional Institutes of Health, which has to run roughshod over the other. This ly tempted to take on that chairman- an increase of one-half of 1 percent, is a mandate for us to try to get to- ship. which will not maintain the research gether and work things out. It is not a It now appears that the status of that program of NIH. mandate for the Republican National subcommittee is in doubt because the I am joined on the floor by my distin- Committee to trash, demonize, and decision has been made to not make a guished colleague from Iowa, Senator drag down the good name of Senator disclosure of the total funding for the HARKIN, who has been with me as chair HARRY REID of Nevada. But that is intelligence community. With the an- of the subcommittee for more than a what is happening. It has no part here. nouncement of the President’s budget, decade. Senator HARKIN and I have es- I was hoping maybe we would be be- which is austere, we are facing major tablished what might be referred to as yond that. I would think we are beyond problems with the deficit and the and others have called a model for bi- that. President has come in with a very re- partisan cooperation. We have had

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1074 CONGRESSIONAL RECORD — SENATE February 8, 2005 changes in the gavel on the chairman- and Education is the committee that plishments have not come without chal- ship and they have been seamless. Our defines America. I believe that really is lenges. The Subcommittee’s allocation has efforts on many important items, true. limited our ability to increase programs as which I will not detail at this time Thanks to the leadership of Senator much as I would have liked, and dividing funding among many worthy programs has have, I think, been very important for ARLEN SPECTER of Pennsylvania, we been a struggle. But I have enjoyed these the health and education and labor of have defined America well in terms of challenges, the all night conferences with Americans. providing good education, health care the House, and balancing the Congressional We have increased NIH funding from programs, job training programs, dis- and Presidential priorities. $12 billion to $28 billion, which has pro- located worker programs—I am not This year when the Senate passed a resolu- vided for enormous improvements. going to go through the whole list—the tion to create an Appropriations Sub- There has been a march toward cures Centers for Disease Control programs committee on Intelligence it was at a time in Parkinson’s, diabetes, heart disease, and the public health service they do when the policy position of the Senate was to have an Intelligence budget that was un- cancer, and many other illnesses. In across our country. Under the leader- classified. Subsequently, the decision was the context of what is happening with ship of ARLEN SPECTER, we have de- made to maintain the status quo and keep these programs, I have decided to stay fined well for America. the budget classified. Since it would be dif- and fight rather than switch. We have some tough choices, as he ficult to create an Intelligence sub- I am delighted to yield to Senator pointed out, in this budget, and we are committee with a classified budget, it may HARKIN. going to have to work together to not be possible to do so at this time. How- Mr. HARKIN. I thank my leader and make it work. One thing I can say, ever, discussions are still underway and if such a subcommittee were to be created, chairman for yielding to me. Again, I having worked with Senator SPECTER want to thank him for his decision to given my seniority on the Appropriations all these years, one thing of which I am Committee, I would have the opportunity to stay as chairman of the Appropriations confident is that Senator SPECTER will chair that subcommittee. I have given seri- subcommittee that funds basically all be fair, compassionate, reasonable, and ous consideration to taking that chairman- of our health, education, labor, bio- judicious in helping us work out this ship. I believe that heading the Intelligence medical research programs, preventive budget so that the poorest and the subcommittee at a time when this Nation’s health care programs, such as the CDC, most needy in our society are not left intelligence community is being restruc- which are all underneath this sub- behind. tured is very significant and is something in committee. I thank him for his leadership. I which I have great interest. I am reluctant to give up the Sub- Senator SPECTER and I have worked thank him for his willingness to stick committee on Labor, Health, Human Serv- together, as he mentioned, going on I with it and to stay as the chairman of ices, and Education and the reasons for my think almost 15 years. The gavel has this very vital subcommittee. I say to reluctance are many. moved back and forth. It has been him here on the Senate floor and in NATIONAL INSTITUTES OF HEALTH seamless, as he said. I could not ask for public, I look forward to his leadership I have been on the Labor, HHS, Education a better partner and a better chairman and his guidance and working with him Subcommittee since I first came to the Sen- to work with on this subcommittee. to help continue to define America. ate in 1981. At that time the funding for the There are countless numbers of people The PRESIDING OFFICER. The Sen- NIH was something less than $3.6 billion. As in this country today—I think mostly ator from Pennsylvania. I begin my 25th year, the current budget is of the kids—who are maybe coming Mr. SPECTER. Mr. President, I $28.6 billion. Senator Tom Harkin and I have down with Parkinson’s or diabetes, thank the distinguished Senator from had a significant impact on this budget and who have illnesses facing them that a Iowa for those very complimentary as a result of our leadership and persistence few years ago were hopeless. But now we achieved our goal of doubling the medical comments. It has been very gratifying research budget from FY’98 to FY’03. they have hope. Now they can see cer- for me to work with Senator HARKIN But doubling the NIH budget is not tain lights at the end of the tunnel, for these many years as we have had enough. One of the most important reasons that they will be cured, that they will the seamless exchange of the gavel. to continue my Labor-HHS Chairmanship is be well. I would not want my statement to to continue to increase support for the NIH. This is due in no small part to the suggest that there are not other areas Science has made great strides in extending great leadership of Senator ARLEN of major concern as to the Administra- life expectancy—in the early 1900s, 47 years SPECTER of Pennsylvania, who has dog- tion’s budget. The zeroing out of Am- was the average life span—today 77 years is gedly through the years fought to the norm. Polio, smallpox, and other infec- trak is something which will have to be tious diseases no longer kill or cause suf- make sure we put the money into med- addressed by the Congress. There have fering to large numbers of people. Deaths due ical research, into finding the causes, been efforts made since Senator Baker, to heart disease have been cut by more than preventions, and cures of these ill- the then-majority leader, convened a half since 1950. Cancer deaths in both men nesses. It was through his great leader- meeting in his office with OMB Direc- and women have decreased and some cancers ship that we were able to double the tor David Stockman in 1981, and we like multiple myelomas have been reduced funding for the NIH. maintained Amtrak’s funding. Vet- from a death sentence to a chronic condition There are also countless kids in erans will have to be reexamined, and as a result of new drugs developed through America today who are getting good biomedical research. But there is still an many other items. I know we are going enormous challenge. Heart disease continues school programs, who are in Head Start to move ahead on the class action bill. to be the number one killer and cancer is Programs, as I mentioned earlier, and Mr. President, I ask unanimous con- now number two. others, because of the leadership of sent that a statement in further expla- Last year, I lost two of my closest friends Senator ARLEN SPECTER of Pennsyl- nation of my decision be printed in the as a result of breast cancer—Carey Lackman vania. So I thank him for that leader- RECORD. Slease and Paula Kline. While the best med- ship and for his friendship and, as al- There being no objection, the mate- ical teams worked on their cases—no cure ways, for his willingness to work rial was ordered to be printed in the could be found. Several times a week, I receive calls from friends and constituents across party lines to get things done. RECORD, as follows: Someone once mentioned that there asking me to contact the NIH to see if there STATEMENT OF FURTHER EXPLANATION is any cutting edge treatment for diseases are really two powerful committees on Since January of 1989, I have had the privi- that affect them or their families. And while Appropriations: One is the Defense Ap- lege of serving as either the Chairman or the there are some successes there are many propriations Committee and the other ranking member of the Subcommittee on losses—like Carey and Paula. is what is now called the Labor, Health Labor, Health and Human Services, and Edu- We also receive many requests from con- and Human Services, and Education, cation, and Related Agencies Appropriations. stituents and advocacy groups asking me to which the Senator chairs and on which Since that time, Senator Harkin and I have hold hearings to focus attention on their I am the ranking member. fought to dramatically increase funding for particular ailments in the hopes of receiving Someone once said that the Defense the NIH, replace deteriorating and outdated increased medical research for their disease. laboratory space at the Centers for Disease There is a long list of maladies that people Appropriations Subcommittee is the Control and Prevention, increase funds for suffer from where there could be cures: au- committee that defends America. The elementary and secondary education and aid tism, Parkinson’s, scleroderma, muscular Appropriations Subcommittee on to disadvantaged college students, and pro- dystrophy, osteoporosis, cervical cancer, Labor, Health and Human Services, vide for worker protection. These accom- lymphoma, prostate cancer, colon cancer,

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1075 brain cancer, pediatric renal disorders, glau- cipal federal agencies responsible for pro- uals with Disabilities Education Act. When coma, sickle cell anemia, spinal cord injury, tecting the American workforce. These the law was enacted in 1975, the Federal Gov- arthritis, a variety of mental health dis- ‘‘worker protection’’ agencies include: The ernment promised to be a 40 percent partner orders, hepatitis, deafness, stroke, Alz- Occupational Safety and Health Administra- in meeting the extra costs associated with heimer’s, spinal muscular atrophy, tion, the Mine Safety and Health Adminis- improving educational opportunities for stu- amyotrophic lateral sclerosis—commonly tration, and the National Labor Relations dents with disabilities. For the first 20 years known as Lou Gehrig’s Disease—diabetes, Board. The jurisdiction also includes the after the law was signed, the Federal con- breast cancer, ovarian cancer, multiple Employment Standards Administration, tribution hovered around 8 to 9 percent. I am myeloma, pancreatic cancer, head and neck which is charged with enforcing minimum proud to report that over the past 10 years cancer, lung cancer, multiple sclerosis, wage and overtime laws, child labor protec- we have improved on that record by raising macular degeneration, heart disease, infant tion, and administering workers’ compensa- the Federal contribution from 8 percent to 19 sudden death syndrome, schizophrenia, poly- tion benefits. In addition, the Employee Ben- percent almost halfway to the 40 percent cystic kidney disease, Cooley’s anemia, efits Security Administration oversees pri- goal. As Chairman, along with my partner stroke, primary immune deficiency dis- vate pension, health and welfare plans, and Tom Harkin, we will continue to ensure that orders. would administer proposed Association the Federal contribution continues to in- The tragic aspect of these deadly diseases Health Plan legislation to assist small busi- crease and that students with disabilities are is that they could all be cured, I do believe, nesses in purchasing affordable health cov- assessed with suitable tests, provided the if we had sufficient funding. Continuing my erage. Under the leadership of Tom Harkin supports they need to achieve at the best of Chairmanship will permit me to fight for in- and myself, we provided $1.5 billion for these their ability, and supported in their transi- creased dollars to find these cures. agencies this year. Continuing my partner- tion to employment and further education. STEM CELLS ship with Senator Harkin will ensure suffi- PELL GRANTS cient dollars will be available to protect this In December of 1998, I held the first Con- During the past decade, the Pell Grant pro- nation’s workers. gressional hearing on the issue of human em- gram has helped millions of students with bryonic stem cells. The Labor, HHS, Edu- ASBESTOS the cost of furthering their education. By cation Subcommittee provides funding for As Chairman of the Senate Judiciary Com- raising the Pell Grant maximum award to biomedical research at the NIH. At that mittee, I have a longstanding commitment $4,050 in FY‘05, up $1,710 over the FY‘95 time, no federal funds were going to this to crafting a legislative solution on asbestos award maximum, millions of low and middle critical research. As Chairman, I have been compensation, and once enacted, to ensuring income students have received more grant able to focus attention on the promise of that it is expeditiously implemented. As aid that assists them with the increasing these stem cells to alleviate suffering and chairman of the Labor-HHS-Ed Sub- price of a post-secondary education. Appro- save lives. In 2004, NIH funded $24.2 million committee which oversees funding for the priated funds have more than doubled over in the area of human embryonic stem cell re- Department of Labor, I will be in the unique the FY‘95 level, and, as a result, more than search. I continue to lead the effort to proposition to ensure that an administrative vide additional funding for stem cell re- 5.3 million students currently receive grant system is established promptly, and that assistance to make post-secondary education search without arbitrary restrictions. To claims are processed fairly. continue to focus attention and provide re- more affordable. As Chairman, I will con- sources for the incredible potential of stem EDUCATION tinue to make sure that every qualified stu- cell research to save lives, it is critical for In the area of education, I know from per- dent desiring to attend college can afford to me to remain as Chairman of the Labor, sonal experience the opportunities that are do so and work in a profession of his or her HHS, Education Subcommittee. created through a high-quality education. As choosing, without overbearing student loan payments. WOMEN’S HEALTH a Senator, I have sought to make the Amer- ican dream a possibility for each and every I have long held a strong interest in issues CONCLUSION related to the health of women. As Chair- American, whether it means great public Continuing my Chairmanship on the man, I supported the creation of an Office of schools for America’s children, affordable al- Labor, HHS, and Education Subcommittee Women’s Health at the NIH to ensure ade- ternatives at our Nation’s outstanding col- will give me the opportunity to continue to quate research into diseases and maladies af- leges and universities, high-quality career target funds to programs and projects that fecting women; supported the funding of the and technical education programs, or invest- are of great value to the State of Pennsyl- first Healthy Start Demonstration sites to ments in Head Start and other early care vania. These dollars have created jobs; in- improve the health of pregnant women and and development programs. creased the biomedical infrastructure of the their babies, now funded at $104 million; sup- In my role as Ranking Member or Chair- State making it more competitive; provided ported increases in family planning pro- man of the Labor-HHS-Education Appropria- health care facilities and supported seed grams, funded at $288 million this year, that tions Subcommittee, I have helped increase monies for local programs related to absti- empower women to make healthy reproduc- the budget of the U.S. Department of Edu- nence, mental health, education and bioter- tive decisions; and supported increases in cation from $24.7 billion in FY95 to $56.6 bil- rorism. rape prevention and domestic violence pre- lion in FY05, an increase of 129 percent. This I have been contacted by 281 individuals or vention. These programs remain important was made possible by the strong, bi-partisan organizations requesting that I continue my to me. To continue to nurture these pro- working relationship I have with Senator Chairmanship. The reasons for their requests grams, it is important for me to remain as Tom Harkin, my partner on the sub- are many: labor groups are asking for my Chairman of the Labor, HHS, Education Sub- committee. continued support on worker protection pro- committee. NO CHILD LEFT BEHIND grams; biomedical research groups are ask- CENTERS FOR DISEASE CONTROL AND Since 1995, the Subcommittee has ining me to once again champion increased PREVENTION creased Federal support for K–12 education medical research dollars; women’s groups are In 2000, I visited the Centers for Disease by more than 100 percent, and most of the in- requesting my continued support for wom- Control & Prevention headquarters in At- creases have been provided in programs that en’s health and family planning programs; lanta, GA. I was surprised by the dilapidated provide significant flexibility to States and education groups urge me to continue to in- state of the buildings where you had eminent local schools so they can direct funds to the crease Federal support for elementary, sec- scientists working in deplorable conditions. areas that will best support improved stu- ondary and higher education. Expensive scientific equipment was housed dent achievement and to eliminate the The Chairman of the Labor, HHS, and Edu- in hallways and under leaky roofs. At that achievement gap in this country. Today cation Subcommittee will face many chal- time, funding for facilities at CDC was only under the No Child Left Behind funding is lenges in this Congress. The most difficult $17.8 million. The Labor, HHS, Education $24.4 billion, up more than 40 percent or $7 will be finding funding for the Congressional Subcommittee began to focus resources in billion, since the Act was passed by Congress and Presidential priorities within the cur- 2001 to reconstruct the infrastructure of the in December 2001. As Chairman of the Labor, rent fiscal environment and achieving the CDC, whose critical public health mission is HHS, Education Appropriations Sub- proper balance so that all priorities can be to protect the American people from out- committee, I am proud to have played a part met. breaks of disease. In 2001, we were able to in the many positive developments in the Continuing my Chairmanship would afford provide $175 million and we have provided area of education, but more work needs to be me the opportunity to protect the programs over $250 million in each of the last three done. and priorities that I have long championed. years. This effort continues as several sub- I believe that the future of the United f standard facilities remain. To continue to States will be shaped by the minds, skills provide the resources for critical infrastruc- and abilities of today’s students, and it is my CONCLUSION OF MORNING ture at the CDC, it is important for me to re- hope and intent to help make sure that they BUSINESS main as Chairman of the Labor, HHS, Edu- are prepared to make that future even cation Subcommittee. brighter than it is today. The PRESIDING OFFICER. The WORKER PROTECTION INDIVIDUALS WITH DISABILITIES EDUCATION ACT Chair states to all Senators present, I The Labor, HHS, Education Appropriations We have made substantial progress in was giving some leeway as the morning Subcommittee has jurisdiction over the prin- meeting our obligations under the Individ- business continued. I will now close

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1076 CONGRESSIONAL RECORD — SENATE February 8, 2005 morning business. Morning business is I rise to speak about a case that I be- expertise in economics like my good closed. lieve perfectly illustrates some of the friend and our former colleague Sen- f problems with our current class action ator GRAMM of Texas, but I can tell system. This case is, unfortunately, you, forcing a defendant to spend 37 CLASS ACTION FAIRNESS ACT OF not at all unique. These outrageous de- cents to send somebody a 32-cent check 2005 cisions happen all too frequently. The does not make much economic sense, The PRESIDING OFFICER. Under bill currently under consideration will and it certainly defies common sense. the previous order, the Senate will re- help fix some of these problems. Let me point out the most disturbing sume consideration of S. 5, which the I have a chart. It is kind of hard to element about this lawsuit. My staffer clerk will report. see. Basically, it is a letter that a researched this case, and it may be of The bill clerk read as follows: member of my staff recently got. It in- interest to all of our colleagues to note A bill (S. 5) to amend the procedures that cluded a check. The check is made pay- that the unwitting plaintiff received 32 apply to consideration of interstate class ac- able to a member of my staff who re- cents in compensation from this class tions to assure fairer outcomes for class ceived it in the mail. On the check’s action lawsuit, and her lawyers pock- members and defendants, and for other pur- ‘‘Pay to the Order of’’ line, I have cov- eted in excess of $7 million—$7 million. poses. ered up the name of the staffer so she All in all, not a bad settlement if you The PRESIDING OFFICER. The Sen- may remain anonymous. happen to be a plaintiff’s lawyer rather ator from Pennsylvania. I also obscured the name of the de- than a plaintiff. Mr. SPECTER. Mr. President, as the fendant in this case. Plaintiffs’ lawyers And in case you think my staffer re- Presiding Officer has noted, we are con- have already soaked them once, and I ceived an unusually low settlement in tinuing consideration of class action do not want to give them the oppor- this litigation, let me quote from the reform. Yesterday, we had opening tunity to do it again. I would hate to letter accompanying the settlement statements, which I led off as chairman see others able to sue the company be- check: of the Judiciary Committee, and the cause they heard the company settled At the time of the settlement, we esti- ranking member, Senator LEAHY, made mated that the average [refund] would be at least one class action lawsuit. less than $1— his opening statement. Senator HATCH Along with this settlement check, spoke. We will be going to an amend- my staffer received a letter which says The average refund would be less than a dollar— ment this morning by Senator DURBIN in part: on mass actions. for each eligible [plaintiff]. That estimate You have been identified as a member of proved correct. The class action bill has as its cen- the class of . . . customers who are eligible tral focus to prevent judge shopping to for a refund under the terms of a settlement So you see, while the settlement was various States and even counties where agreement reached in a class-action lawsuit being arranged, it was clear each plain- courts and judges have a prejudicial . . . The enclosed check includes any refunds tiff on average would receive less than predisposition on cases. The issue of di- for which you were eligible. $1. It was clear that each plaintiff versity of citizenship has been created Imagine her excitement. As you would receive less than $1. Yet the in the Federal courts to eliminate fa- know, Senate staffers are certainly not plaintiffs’ lawyers still rake in more voritism. When diversity jurisdiction the highest paid people in town. So this than $7 million. was established, it was undertaken in woman on my staff told me she was, in- My colleagues may also be interested the context of the claimant from one deed, thrilled to anticipate what she to know how much the defendant was State, illustratively, Virginia coming might be receiving. And then she forced to spend defending the lawsuit. Knowing the extent of the defense to Pennsylvania, and the concern there looked at the enclosed check to see costs is instructive in demonstrating was there might be some favoritism for just how big her windfall was. It was a how unjust these abusive suits can be. the local resident in Pennsylvania. So whopping 32 cents. That is right, she So we asked the defendant how much it the jurisdictional amount, when I was received a check made out to her in the spent defending this suit that provided in the practice of law, was $3,000. It is amount of 32 cents. I guess it goes each plaintiff with pennies and the law- now $75,000 which would put the case in without saying that she was a little bit yers with millions. Perhaps not sur- the Federal court where there would be disappointed to find out her newfound prisingly, the defendant was not will- more objectivity. That is what they are riches had disappeared already. ing to discuss the matter. You see, the trying to do here, to eliminate judge Do not misunderstand me. I am not defendant told us that if it were readily shopping. suggesting my staffer deserved a bigger known just how much they spent de- If the cases which stay in the State settlement check. In fact, she told me fending the suit, then that information court have two-thirds of the class from she had no complaint against the de- would almost certainly be used against that State, it would go into the Fed- fendant, and she never asked to be a them in the future. The defendant eral court. If one-third or less is not part of the lawsuit. Apparently, she feared that if their defense costs were from the State—in the one-third to just happened to be a customer of the known, then another opportunistic two-third range—it would be the dis- company that was sued, and it was de- plaintiff’s lawyer would file another cretion of the judge. termined that she theoretically could one of these predatory suits, and then As I said yesterday, there is, as far as bring a claim against the defendant. So that lawyer would offer to settle for I am concerned, a very important pur- she became a member of ‘‘a class’’ who just slightly less than the millions he pose here: to put cases in the Federal was due a settlement. knew it would cost the defendant to de- court to avoid forum shopping and If this does not precisely illustrate fend the suit. judge shopping. the absurdity of the current class ac- This case illustrates how plaintiffs’ With respect to the substantive law, tion epidemic in this country, I do not lawyers exploit and abuse defendants it is my view that the substantive law know what does. To demonstrate just under the current system. Can there be ought not to be altered. I commented how far out of whack the system is, any doubt that the current class action briefly on the Bingaman amendment let’s start with the letter notifying my system is in need of repair? When the yesterday where I think it is important staffer that she was a member of a lawyers get more than $7 million and that the Federal judges who have the class action lawsuit and had been the plaintiff gets a check for 32 cents, cases would have the discretion to awarded a settlement. something is terribly wrong. When de- apply State law. But that will be taken This letter and check arrived via the fendants fear to disclose how much up sometime when we debate the mat- U.S. mail. The last time I checked, it they spend fighting these ridiculous ter later. cost 37 cents to send an envelope suits because to do so would invite I want to yield now to Senator through the U.S. mail. The settlement even more litigation, something is ter- MCCONNELL for leadership time or time check is only for 32 cents. You can ribly wrong. Justice is supposed to be as he may choose. probably see where I am headed with distributed fairly. This is clearly not a Mr. MCCONNELL. Mr. President, I this. It cost the defendant in a class ac- fair way to distribute justice. thank the chairman of the Judiciary tion suit 37 cents to send a settlement By passing this legislation, we are Committee. check worth 32 cents. I don’t have the not going to end every 32-cent award to

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1077 plaintiffs and multimillion dollar things on a bipartisan basis. This com- include Senator GRASSLEY of Iowa, award to lawyers, but we certainly can promise bill appears to have at least 62 Senator KOHL of Wisconsin, Senator curb a great deal of this nonsense. Senators who are for it. Let us hold it HATCH of Utah, and Senator FEINSTEIN I know some of my friends on the together. Let us keep it as it is and of California. They have worked on the other side of the aisle will complain demonstrate to the American public Judiciary Committee, in a very strong this bill will sound the death knell for that we can work together on a bipar- bipartisan fashion, to try and bring class actions in State court. Nothing tisan basis and pass important legisla- this matter up. could be further from the truth. This is tion for our country. I also want to highlight and mention an important piece of legislation, but I yield the floor. Senator CARPER of Delaware who has it is also a moderate and reasonable The PRESIDING OFFICER. The Sen- been tireless in his support for this ef- piece of legislation. ator from Pennsylvania. fort. Senator MCCONNELL as well has Frankly, I liked the original version, Mr. SPECTER. Mr. President, the worked on this issue. Senator LAN- but we are where we are today, and I next Senator to seek recognition is DRIEU, and Senator SCHUMER, I should will talk more about that in a moment. Senator DODD. I am informed Senator mention as well, as a member of the The bill on the floor is the product of LOTT will be coming to the floor short- Judiciary Committee, have also been a not one, not two, but three carefully ly to speak, and that soon thereafter part of an effort to try and come up crafted compromises. Not one, not two, Senator DURBIN will offer his amend- with a bill that could enjoy broad- but three carefully crafted comment. It is now 11:18. That should take based support. promises. These carefully crafted com- the time for floor action until the hour I mentioned Senators SPECTER and promises have us to a point where we of 12:30 when we are scheduled under a LEAHY at the outset of my remarks as can enact meaningful reform that re- previous order to recess for the party the chairman and ranking member who spects the ability of States to adju- caucuses. So I now yield to Senator also worked well together to bring us dicate local controversies as class ac- DODD. to this point. I want to point out to my tions while allowing Federal courts to The PRESIDING OFFICER. The Sen- colleagues, of course, as someone who decide truly national class actions. ator from Connecticut. was very much involved in the negotia- The House, frankly, would prefer a Mr. DODD. Mr. President, I begin by tions back in the fall of 2003, that when stronger bill, and so would I. I like the thanking our colleague from Pennsyl- the cloture motion failed, as pointed original bill that stalled out at 59 votes vania for his leadership on this issue as out by the Senator from Kentucky, last year. But the House also under- the new chairman of the Senate Judici- within a few moments of that vote this stands that the legislation on the floor ary Committee, and also to commend Senator rose and offered to the major- is a good bill. our colleague from Vermont, Senator ity at that point a willingness to sit Therefore, the House is prepared to LEAHY, the ranking Democrat on the down that day in fact to try and work take this up and pass it without committee. Despite their differences on out differences that would allow for amendment, assuming that our care- this legislation, we are debating this this bill to go forward. fully crafted compromise is itself not bill because the managers have gone The distinguished majority leader ac- compromised on the Senate floor. through the committee process and cepted that offer and we immediately I had an opportunity to talk to Ma- have produced a product for the consid- began a process to put this bill to- jority Leader TOM DELAY this morning eration of the full Senate. I am pleased gether. In fact, several of us sent a let- and he reiterated the statement that this bill is finally before us once again. ter at that time to Senator FRIST. The letter was sent by myself, Senator he and Chairman JIM SENSENBRENNER It has been a year and a half since we made last Friday and it is this: If this last considered this legislation. LANDRIEU, Senator SCHUMER, and Sen- bill is passed without amendment in I also commend the two leaders, Sen- ator BINGAMAN, outlining four areas that we thought if we could be accom- the Senate, the House will take it up ators FRIST and Daschle, for working immediately, pass it, and send it to the as early as the fall of 2003 to try and modated in these areas the bill could go forward in a bipartisan fashion. President for signature. If it is altered craft a compromise. Senator REID of I ask unanimous consent that the in any way, the House will then follow Nevada has picked up on this and I letter dated November 14, 2003, from want to particularly commend Senator the regular order and maybe sometime three of my colleagues and me to Sen- during this Congress we will get a class REID. He has some strong reservations ator FRIST be printed in the RECORD. action bill. about this bill, as many of our col- There being no objection, the mate- Frankly, in my judgment, those who leagues do, but he has arranged, as the rial was ordered to be printed in the are skeptical of this bill would be bet- Democratic leader can, for this matter RECORD, as follows: ter off with this compromise version to come forward. Certainly all of my U.S. SENATE, than having the House go through the colleagues are fully aware that a deter- Washington, DC, November 14, 2003. regular order, in which case they would mined minority can pretty much stop Hon. BILL FRIST, probably pass a bill much different anything from happening, but the Sen- Senate Majority Leader, from this compromise. We would ulti- ator from Nevada, despite his reserva- U.S. Capitol, Washington, DC. mately have a conference and in all tions about this legislation, has DEAR MAJORITY LEADER FRIST: We agree likelihood, out of that conference worked through the process with the with the fundamental principle of the pend- might come a bill more like the one we distinguished majority leader. ing class action legislation that would per- The chairman of the committee, the mit removal of national class actions to fed- had last year, which stalled out at 59 eral court. Under current law, there have votes. ranking member, and those who are in- been a number of instances of unjustified So I would say that for those who are terested in this bill are trying to move forum-shopping and other abuses of the legal not terribly enthusiastic about this this matter forward. So I would not process. We are committed to helping to re- compromise, it could get a lot worse want to begin my comments without form the law to ensure fair adjudication for from their point of view. This com- commending the leaders, but particu- all Americans. To that end, we are writing to promise is one that people who have larly the Democratic leader, my leader, outline the policies that need to be addressed worked on this bill for years are will- for putting in the time and effort to see in order to move the Senate toward a bill that can pass before Congress adjourns for ing to take, and so our challenge is to to it that this matter dealing with the year. keep it clean, to defeat the amend- class action be a part of the Senate de- While we support the general thrust of S. ments that would slow down the proc- bate. 1751, there are some instances where the leg- ess and prevent this important piece of The legislation has had a rather long islation goes beyond the scope of what we be- tort reform legislation from getting to and torturous history, going back a lieve must be addressed. It is our view that the President for an early signature. number of years. I am not going to re- we are very close to having a bill that we can So that is where we are. cite at length that history. I will only support and if we can satisfactorily address We have a marvelous opportunity to note that several of our colleagues de- each of the following issues, we can move forward quickly with you to pass a reform demonstrate at the beginning of this serve to be acknowledged for their long bill. Congress that we are indeed going to be and steady persistence in bringing the Based upon our understanding of the issues able to accomplish some important Senate to this point. Those Senators that have been discussed by you and the

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1078 CONGRESSIONAL RECORD — SENATE February 8, 2005 Democratic Leader, we believe that most of in the November 14 letter. As a result whom significant relief is sought and who our concerns are readily solvable [while a of our negotiations, we came back with contributed significantly to the alleged narrow subset may require some further ne- 12 improvements in this bill, agreed to harm; (3) the principal injuries happened gotiation to resolve.] within the state where the action was filed; by myself, Senators FRIST, GRASSLEY, We believe more consideration must be and (4) no other class action asserting the given to the formula for federal removal. We HATCH, KOHL, LANDRIEU, and SCHUMER. same or similar factual allegations against agree that many types of cases are best con- I ask unanimous consent that the list any of the defendants on behalf of the same sidered in federal court. At the same time, of the 12 changes that was a result of or other persons has been filed during the we would not want the Senate to fashion that negotiation be printed in the preceding three years. rules that permit the removal of cases that RECORD. THE COMPROMISE CREATES A BRIGHT LINE FOR are truly single-state cases which are appro- There being no objection, the mate- DETERMINING CLASS COMPOSITION priately considered in state court. Addition- rial was ordered to be printed in the S. 1751 was silent on when class composi- ally, we should permit federal court judges RECORD, as follows: tion could be measured and arguably would to consider a set of factors that includes have allowed class composition to be chal- both state and federal concerns when deter- SUMMARY OF CHANGES TO S. 1751 AS AGREED lenged at any time during the life of the mining whether a case in the ‘‘middlethird’’ TO BY SENATORS FRIST, GRASSLEY, HATCH, case. The compromise clarifies that citizen- of the current formula should be removed. KOHL, CARPER, DODD, LANDRIEU, AND SCHU- ship of proposed class members is to be de- Mass tort actions that are not brought as MER termined on the date plaintiffs filed the class actions should be removed from the THE COMPROMISE IMPROVES COUPON original complaint, or if there is no federal bill. The bill passed by the Judiciary Com- SETTLEMENT PROCEDURES jurisdiction over the first complaint, when mittee did not contain this language. We un- S. 1751 would have continued to allow cou- plaintiffs serve an amended complaint or derstand that the peculiarities of state law pon settlements even though only a small other paper indicating the existence of fed- in two states may need to be addressed. How- percentage of coupons are actually redeemed eral jurisdiction. ever, the current mass tort standard is much by class members in many cases. THE COMPROMISE ELIMINATES THE ‘‘MERRY-GO- broader than necessary to address issues The compromise proposal requires that at- ROUND’’ PROBLEM raised by two of the fifty states. We want to torneys fees be based either on (a) the pro- write a rule that is as precise as possible—in portionate value of coupons actually re- S. 1751 would have required federal courts this case, by encompassing actions that are deemed by class members or (b) the hours ac- to dismiss class actions if the court deter- truly class actions, while at the same time tually billed in prosecuting the class action. mined that the case did not meet Rule 23 re- excluding any cases that are not. The compromise proposal also adds a provi- quirements. The compromise eliminates the There are several places in the bill that sion permitting federal courts to require dismissal requirement, giving federal courts pre-empt current law or allow for significant that settlement agreements provide for char- discretion to handle Ru1e 23-ineligible cases deviation from standard practice. This has itable distribution of unclaimed coupon val- appropriately. Potentially meritorious suits the effect of encouraging manipulation or ues. will thus not be automatically dismissed abuse by either side, and should not be al- simply because they fail to comply with the lowed in reform legislation. The current THE COMPROMISE ELIMINATES THE SO-CALLED class certification requirements of Rule 23. BOUNTY PROHIBITION IN S. 1751 version of the removal provision permits re- THE COMPROMISE IMPROVES TREATMENT OF S. 1751 would have prevented civil rights moval at any time, even during trial. This MASS ACTIONS includes a potential ‘‘merry-go-round effect’’ and consumer plaintiffs from being com- S. 1751 would have treated all mass actions of repeated removal and remand between pensated for the particular hardships they involving over 100 claimants as if they were state and federal courts. Additionally, the endure as a result of initiating and pursuing class actions. The compromise makes several underlying bill does not specify when the litigation. changes to treat mass actions more like indi- court would measure the plaintiff class and The compromise deletes the so-called vidual cases than like class actions when ap- it creates a new appellate review of remand ‘‘bounty provision’’ in S. 1751, thereby allowing plaintiffs to receive special relief for en- propriate. orders. The compromise changes the jurisdictional In many cases, plaintiffs, who take the during special hardships as class members. amount requirement. Federal jurisdiction risk of coming forward, should be able to be THE COMPROMISE ELIMINATES THE POTENTIAL shall only exist over those persons whose compensated for that risk. The bill currently FOR NOTIFICATION BURDEN AND CONFUSION claims satisfy the normal diversity jurisdic- requires their recovery to be precisely the S. 1751 would have created a complicated tional amount requirement for individual ac- same as all other members of the class. Dif- set of unnecessarily burdensome notice re- tions under current law (presently $75,000). ferent risks and different damages in civil quirements for notice to potential class The compromise expands the ‘‘single sud- rights and other claims, should receive dif- members. The compromise eliminates this den accident’’ exception so that federal juris- ferent compensation, upon approval of the unnecessary burden and preserves current diction shall not exist over mass actions in trial judge. federal law related to class notification. which all claims arise from any ‘‘event or oc- Lastly, the underlying bill simply restates currence’’ that happened in the state where current law in requiring judges to review THE COMPROMISE PROVIDES FOR GREATER the action was filed and that allegedly re- coupon settlements. Given the clear prob- JUDICIAL DISCRETION sulted in injuries in that state or in a contig- lems that have been raised with abusive cou- S. 1751 included several factors to be con- uous state. The proposal also added a provi- pon settlements, we believe it is imperative sidered by district courts in deciding wheth- sion clarifying that there is no federal juris- to include stronger provisions that the attor- er to exercise jurisdiction over class action diction under the mass action provision for neys’ fees to the actual coupons redeemed. in which between one-third and two-thirds of claims that have been consolidated solely for While time is short in this session, there is the proposed class members and all primary pretrial purposes. no reason why the Senate cannot consider defendants are citizens of the same state. this legislation in a bi-partisan spirit. If we The compromise provides for broader dis- THE COMPROMISE ELIMINATES THE POTENTIAL indeed reach agreement, it is critical that cretion by authorizing federal courts to con- FOR ABUSIVE PLAINTIFF CLASS REMOVALS the agreement be honored as the bill moves sider any ‘‘distinct’’ nexus between (a) the S. 1751 would have changed current law by forward—both in and beyond the Senate. We forum where the action was brought and (b) allowing any plaintiff class member to re- are prepared to work with you toward that the class members, the alleged harm, or the move a case to federal court even if all other end and we look forward to hearing from you defendants. The proposal also limits a class members wanted the case to remain in soon as possible as to how we can best move court’s authority to base federal jurisdiction state court. The compromise retains current this legislation forward. on the existence of similar class actions filed law—allowing individual plaintiffs to opt out Sincerely, in other states by disallowing consideration of class actions, but not allowing them to MARY L. LANDRIEU. of other cases that are more than three years force entire classes into federal court. CHARLES SCHUMER. old. THE COMPROMISE ELIMINATES THE POTENTIAL CHRISTOPHER J. DODD. THE COMPROMISE EXPANDS THE LOCAL CLASS FOR ABUSIVE APPEALS OF REMAND ORDERS JEFF BINGAMAN. ACTION EXCEPTION S. 1751 would have allowed defendants to Mr. DODD. As a result of that letter, S. 1751 established an exception to prevent seek unlimited appellate review of federal we went through several days of nego- removal of a class action to federal court court orders remanding cases to state courts. tiations on this bill. The four areas when 2/3 of the p1aintiffs are from the state If a defendant requested an appeal, the fed- that we sought changes in the bill are where the action was brought and the ‘‘pri- eral courts would have been required to hear the following: Removal of formula in- mary defendants’’ are also from that state the appeal and the appeals could have taken cluding the definition of mass torts; (the Feinstein formula). The compromise re- months or even years to complete. tains the Feinstein formula and creates a The compromise makes two improvements: the so-called merry-go-round problem second exception that allows cases to remain (1) grants the federal courts discretion to in the bill; coupon settlements; and in state court if: (1) more than 2/3 of class refuse to hear an appeal if the appeal is not fair compensation for named plaintiffs. members are citizens of the forum state; (2) in the interest of justice; (2) Establishes Those are the four areas we identified there is at least one in-state defendant from tight deadlines for completion of any appeals

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1079 so that no case can be delayed more than 77 and balanced, rather modest legislation Section four of the bill modifies days, unless all parties agree to a longer pe- that addresses a number of well docu- these diversity rules to allow Federal riod. mented shortcomings in our Nation’s courts to hear diversity cases that THE COMPROMISE PRESERVES THE RULEMAKING class action system. It shows what we have a strong interstate character. In AUTHORITY OF SUPREME COURT AND JUDICIAL can accomplish in the Senate when we particular, it allows Federal jurisdic- CONFERENCE work together in a bipartisan fashion. tion if the amount in controversy al- The compromise clarifies that nothing in As with all good compromises, this bill leged by all plaintiffs exceeds $5 mil- the bill restricts the authority of the Judi- is entirely satisfactory to no one and lion and if any member of the plaintiff cial Conference and Supreme Court to imple- in some respects unsatisfactory to ev- ment new rules relating to class actions. class is a citizen of a different State eryone. than any defendant. At the same time, THE COMPROMISE IS NOT RETROACTIVE There are those who will say this bill the bill creates careful exceptions that Unlike the House bill, the compromise will does not go nearly far enough in recti- allow cases to remain in State courts not retroactively change the rules governing fying the shortcomings of the class ac- jurisdiction over class actions. where those cases are primarily intra- tion system in our country. On the state actions that lack national impli- Mr. DODD. I will not go through and other hand, there are those who believe cations. name each one of them. Some of them that the sky is falling, that the bill se- The legislation attempts to bring di- are rather arcane but nevertheless im- verely impairs the ability of people to versity rules more in line with the portant provisions of this bill, the gain access to our courts. In my judg- original purpose of Federal diversity point being that we were prepared basi- ment, claims of both sides are vastly jurisdiction. Cases that are interstate cally in the fall of 2003 to go forward. overstated. One of the reasons why I in nature because they involve citizens We were notified at that point that believe this is so is that the people on of multiple States and interstate com- both sides of the legislation, pro- the first item of business in January of merce may be heard in Federal courts. ponents and opponents alike, agree our 2004, more than a year ago, would be Cases that are not interstate in nature compromise has made this bill better. the class action reform bill. Well, here remain in State courts. It targets more precisely those prob- we are in February of 2005 finally get- A second problem the compromise lems in need of reform and addresses ting to this matter. There was a pre- addresses is the so-called coupon set- them in an appropriate and effective pared bipartisan bill over a year ago on tlements. As our colleagues may know, manner. class action and we are now dealing a growing number of class action cases with exactly the same bill. As the Sen- We will no doubt discuss those problems in more detail in the coming involves these type of settlements. In a ator from Kentucky pointed out, he typical coupon settlement, class mem- would have preferred the House bill, hours, but allow me to briefly mention two of them. Perhaps the central prob- bers receive only a promotional coupon the bill that was not approved when to reduce the cost of a defendant’s the cloture motion was held, and reluc- lem addressed by the compromise is the forum shopping issue. Article III of products while the lawyers for the tantly is supporting this bill. class action receive a rather large fee There are those of us who could not the Federal Constitution sets forth the circumstances under which cases may that is disproportionate to any client have supported the House bill or the benefit. version that came up in the Senate ear- be heard in Federal court. Article 2 of Article III extends Federal jurisdiction For instance, in one case a soft drink lier, but we have worked very hard to company was sued for improperly add- put this compromise together over a to suits ‘‘between citizens of different States.’’ These are known as diversity ing sweeteners in apple juice. The com- year ago. So we could have dealt with pany agreed to settle the case. The set- this a long time ago, but nonetheless cases. The Framers had two separate but related reasons for allowing Fed- tlement required it to distribute to we are here today and that is the good customers a 50-percent coupon off the news. eral courts to hear cases between citizens of different States. purchase of apple juice. Meanwhile, I am heartened that the other body class counsel received $1.5 million in has agreed to accept this version if it Very simply, one was to prevent the possibility that the courts of one State cash. goes unamended over the next day or would discriminate against the citizens I have no problem with attorneys so during the debate and consideration of another State. The second reason earning a fee for their services. In fact, of this legislation. I am hopeful that was to prevent the possibility that the the compromise bill places no caps at will be the case. courts of one State would discriminate all on attorney fees, although there Very briefly, I will go through what against interstate business and thereby were those who wanted to do that. we have achieved. As I mentioned, fol- impede interstate commerce. Over the But what is particularly disturbing lowing the vote Senator FRIST asked years, however, class action rules have about these coupon settlements is class myself and others, including my good been interpreted in such a way that members typically redeem only a small friend from Delaware who is on the plaintiffs’ lawyers have been able to portion of the coupons awarded. In floor today, to enter into discussions keep class actions out of Federal court, fact, over the years only 10 or 20 per- with him and other Members to explore even those that are precisely the kind cent of coupons were actually re- whether there might be some ways of of cases for which diversity jurisdiction deemed. Yet the attorneys are paid re- building greater support for this bill. was created, because of their interstate gardless of how many coupons are Senators SCHUMER and LANDRIEU joined character. They do this by adding cashed in. in writing a letter to the majority named plaintiffs or defendants solely In effect, there is a negative incen- leader, which I have put into the based on their State of citizenship in tive for counsel for both plaintiffs and RECORD already, in which we laid out order to defeat the diversity require- defendants to enter into such settle- the four areas of our concerns. We sub- ment. ments. Counsel for the plaintiff is paid sequently entered into those negotia- Alternatively, they allege an amount their fee regardless of the percentage tions among our four offices. Senators in controversy that does not trigger of coupons redeemed. At the same GRASSLEY, KOHL, HATCH, and CARPER the $75,000 threshold for removing cases time, counsel for the defendants know played very important roles in that to Federal court. The result is fre- they are likely to pay in redeemed cou- consideration. Those negotiations were quently an absurd one. A slip-and-fall pons only a fraction of what they very productive. We reached signifi- case in which a plaintiff alleges, say, would pay if they paid cash to settle a cant agreement not on the four origi- $76,000 in damages can end up in Fed- case. Meanwhile, the actual class mem- nal areas of concern but on eight oth- eral court. At the same time, a case in- bers—the ones who have actually been ers as well. That point deserves special volving millions of plaintiffs from mul- aggrieved—receive a benefit of little or emphasis. We went into the negotia- tiple States and billions of dollars in no value at all. tions seeking improvement on four alleged damages is heard in State Our compromise takes several steps issues. We emerged with significant court, just because no plaintiff claims to remove this negative incentive to changes on 12 issues. more than $75,000 in damages or be- enter into coupon settlements. Most The result is a bill that is now before cause at least one defendant is from importantly, it states that an attor- this body. In my view, it is very fair the same State of at least one plaintiff. ney’s fee incurred to obtain a coupon

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1080 CONGRESSIONAL RECORD — SENATE February 8, 2005 settlement can only be paid in propor- door to a single citizen in this country. Mr. LOTT. Mr. President, I rise today tion to the percentage of coupons actu- Maybe that citizen will end up in Fed- in strong support of the Class Action ally redeemed. For example, if an at- eral court rather than State court, but Fairness Act of 2005. torney’s fee for obtaining a coupon set- no citizen will lose the sacred right in Before he leaves the floor, I thank tlement is $5 million but only one-fifth America to seek redress or grievance in the Senator from Connecticut, Mr. of the coupons are actually redeemed, a court of law. DODD, for his comments and for his the attorney can only recover one-fifth When this compromise was written 15 leadership in this area. He has been of his or her fee—roughly $1 million. months ago, it was said that it was steadfast. He has been involved in the In addition, the bill requires that a critical that this bill be honored as the process of moving this bill forward. A judge may not approve a coupon settle- bill moves forward—both within and process which involves some give and ment until he or she conducts a hear- beyond the Senate. I continue to be- take and some compromise. ing to determine whether settlement lieve that to be the case. Surprise, surprise. That is the legis- terms are fair, reasonable, and ade- In the words of the Senator from lative process. This is not a perfect quate for class members. Kentucky earlier today, as well as bill, as he noted. It is not one that I There are other provisions of the bill statements made by Speaker HASTERT, particularly like. I would like to make that are also important. this Member is assured that, in fact, it a lot stronger, but it is a major step In the interest of time—I see my col- the agreements will be kept. In fact, I forward. league from Mississippi also wants to had a conversation with the staff of I thank Senator DODD, and other speak before our colleague from Illi- Mr. SENSENBRENNER, chairman of the Senators. Senator CARPER has been in- nois offers the first amendment—I will House Judiciary Committee, who rein- volved in that process, and colleagues defer discussing them in detail at this forced the notion that if we adopt this on this side of the aisle. hour. However, to reinforce my central bill as it presently reads, then there I am pleased that the first sub- argument that this is a reasonable, will no changes in the House and they stantive bill of the year is one that modest piece of legislation, it is worth will accept the Senate language. That truly has a chance to make a huge dif- mentioning what the bill does not do. is good news for those of us who have ference in this country, and it is a bi- First, it does not apply retroactively, worked on this compromise. partisan effort. It is one that I predict, despite those who wanted it to. A case Certainly, this is not a perfect bill. when we go through the amendment filed before the date of enactment will No bill is. We all know that, but I process and get to the end, will have a be unaffected by any provision of this think it strikes a careful balance be- large vote in support. I will not be sur- legislation. tween remedying the shortcomings and prised if it gets 70 votes. I hope for Second, this legislation does not dis- retaining the strengths of current class that. That would be a positive step. tinguish in any way or alter a pending action practice in this country. If we can hold the line on amend- case. Obviously, the bill is not yet through ments that may be offered—some that Third, it does not in any way alter the Senate. But the consent agreement I would be attracted to, some that Sen- substantive law or otherwise affect any entered into by the two leaders is an ators such as Senator DODD would be individual’s right to seek equitable and auspicious beginning to preserving the attracted to—but we worked out an monetary relief. balance. agreement. We should brush back those Fourth, in does not in any way limit Let me, once again, reiterate my amendments, discourage a whole raft damages, including punitive damages. thanks to Senator REID of Nevada, the of amendments being contemplated, Fifth, it does not cap attorney fees. distinguished Democratic leader, and and complete our work. The House has These are all matters that some peo- for Senator FRIST entering into that indicated they will accept this prod- ple wanted to include in the bill. agreement which allows us to have this uct—the compromise we came up with. And, it also does not impose more debate, and for all relevant and ger- When was the last time you heard of rigorous pleading requirements of evi- mane amendments to be considered to that even being possible? dentiary burdens of proof. this legislation. Certainly, that is the But they have reaffirmed just in the As some of our colleagues have said, way it ought to be done. last few days that, yes, if we can com- this legislation is actually more court Moreover, I note that the leadership plete it the way it is presently struc- reform than tort reform. Candidly, I of the other body has indicated its will- tured, they will take it up, pass our think they are more right than wrong ingness to respect the balance that this bill, and send it to the President. That about that. This is more court reform bill strikes, as well. That, too, is a would be a good way to start this year. than tort reform. It stands in very positive development. I thank colleagues on both sides of sharp contrast to some of the other I stand in strong support of this leg- the aisle for the work that has been legislation considered by the Senate in islation. I think it is a good com- done. the last Congress. That includes the promise. It is not a perfect one. I know Senator HATCH is here managing the Energy bill, which extinguished pend- my colleagues may offer some amend- legislation. He has worked on this long ing and future suits against makers of ments that I might have been attracted and hard, including last year when we MTBE, a highly toxic substance that to under different circumstances which had an opportunity that slipped away pollutes ground water. I may support, but when you try to from us for a variety of reasons. It was It also includes legislation that reach agreement here, it is not easy. tough last year to get much of any- shielded gunmakers and gun dealers And when you do, I think it is worthy thing done with all of us preoccupied from many types of lawsuits. of support, particularly when those with the Presidential campaign and Incredibly, we were about to adopt agreements cover as much territory as our Senate campaigns and the House legislation that would completely ex- we did during the compromise efforts races. There is no use going back and clude an entire industry even when 15 months ago. rehashing why we didn’t get it com- there was complete negligence on their As I mentioned at the outset, there pleted. We didn’t get the job done. But behalf of being sued. I suggested when were four proposals with which we we can do it now. we were about to adopt those bills that ended the negotiations. Those four pro- I thank Senator HATCH for the work Members think about talking about posals were adopted, and eight others he has done on this bill over the years, tort reform. Those matters cause this were added during that negotiation. and Senator SPECTER for getting it out Senator deep concern, despite the fact I commend again the leader. I com- of the Judiciary Committee in good I represent the largest gun producers in mend Senators SPECTER and LEAHY for order. I thank Senator GRASSLEY for the United States. I cannot imagine their efforts, and I look forward to this his usual dogged determination to not my insurance companies getting a deal bill passing the Senate and being give up on an issue, and he continues as the gun manufacturers were about adopted by the House and going to the to press not only this but the bank- to get. Nonetheless, those bills died, as President for his signature. ruptcy reform issues. they should have, in my opinion. I yield the floor. I am thankful for the way we are The legislation before the Senate The PRESIDING OFFICER. The Sen- starting off this year. I thank the lead- today does not close the courthouse ator from Mississippi. ership for working out an agreement to

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1081 bring this bill to the floor. We could case in Jefferson County for the pur- our Constitution were concerned about very well have had a filibuster. But pose of getting a bigger fee. Often, the ensuring fairness in cases like this, Senator FRIST, working with Senator cases have no other relationship to worried that State courts could be bi- REID, has indicated we are not going to that county or to my State other than ased in favor of a home State party get into that morass. We are going to this is a good place to go. This is un- versus another party who was a resi- step up to this issue, we are going to conscionable. We have an obligation to dent of a different State. That is the address it and debate it, and we are our constituents to put a stop to it. very reason for a Federal diversity ju- going to get results. I think that is Before going any further, it is impor- risdiction. good. tant we take note of the title of this It only makes sense that we close the I believe the American people want legislation: Class Action Fairness Act. loopholes that a growing number are us to complete action on this legisla- This is not just some random title that abusing and exploiting with the result tion and pass the bipartisan com- Senator GRASSLEY or others came up of creating a system that is having a promise this week, if at all possible. with. The whole point of the bill is to huge impact in terms of dollar There is no reason for this to be make the class action mechanism fair amounts and business and economic de- dragged out over a long period of time. for all involved. velopment. We know there are a few amendments Some of my colleagues will argue It is also important to note that this that are going to be offered. We will de- today, I am sure, that the system is al- bill does not apply to every class ac- bate them. Let us vote and get to the ready fair. I ask, Is it fair for the plain- tion, only those meeting certain cri- conclusion of this process in the Sen- tiffs in a class action suit to receive teria. It is not going to result in our ate, and send it to the House so they nothing, literally nothing, when the Federal courts being overwhelmed by a can take it up. lawyers representing them receive $19 large number of class actions. We will Why do we need this bill? million? The citation is Shields et al. hear that accusation this week. And it Some people would say we have the v. Bridgestone/Firestone, Inc. et al. will not move all class actions to Fed- greatest judicial and jurisprudence sys- That is an actual case. Is it fair for eral court. In fact, it leaves in State tem in the world. Things are working the claims of residents of Mississippi, courts a significant number of class ac- fine. Let us just leave it alone. Washington, or Maine to be decided actions. It reserves for State courts those I don’t believe things are exactly cording to Illinois State law? Of course cases in which all plaintiffs and defend- working just fine. Every system over a not. These are just two of the many ants are residents of the same State. It period of time needs some adjustment, reasons we need class action fairness, reserves for State court those class ac- and if abuses begin to occur, we must and we need it now. tions with less than 100 plaintiffs. step up and stop them. Our Nation’s judicial system was de- Likewise, class actions involving an Over the past decade, we have seen a signed to be the fairest in the world for amount in controversy of less than $5 dramatic rise in the number of inter- all litigation, and we have gotten away million would remain in the State state class actions being filed in State from that. These abuses have called court as would class actions in which a courts, particularly in what are called into question the very fairness of our State government entity is the pri- magnet jurisdictions. I regret to say, whole system. It is imperative we act mary defendant. and acknowledge, my State is one of to close these loopholes that have al- As a part of the compromise worked the worst abusers. To the credit of our lowed this process to fail in the way out with Senator FEINSTEIN last year, State legislature and our Governor, that it has. class actions that are brought against Haley Barbour, last year in Mississippi Before I talk about the specifics of a company in its home State and in we passed tort reform legislation. We what this bill does, let me take a which two-thirds or more of the class have gone from being the center of minute to emphasize a few things the members are also residents of that jackpot justice to being a State that bill does not do. We will hear these al- State would remain in State court. has been praised by legal journals and legations over the next few days, I am Finally, State courts would retain ju- the Wall Street Journal as having sure. This bill is not a tort reform bill, risdiction over class actions involving stepped up to the issue and dealt with it is a court reform bill. This bill does local controversies where at least two- it in a responsible way. They now de- not alter in any way substantive law. thirds of the class members and one scribe my State in this way: Mis- There may be some here who would real defendant are residents of the sissippi, open for business. want to debate that. However, I made State where the action is brought. This Prior to tort reform though, busi- that point at a meeting earlier today bill reserves these cases for State court nesses, industry, manufacturers, drug- and I have gone back and checked it because it is the right thing to do. stores, etc. would not come to Mis- with experts. That is an accurate state- There are other provisions of impor- sissippi to do business. They were not ment. tance in this bill, including a consumer coming to my State, one of the poorest Contrary to the scare tactics of the class action bill of rights. As many States in the Nation, because of the plaintiffs’ lawyers, this bill does not af- know, part of this section represents a abuses that have been occurring in the fect an individual’s right to seek re- compromise worked out by Senators legal system. dress or damages through the court, SCHUMER, DODD, and LANDRIEU last But now, we have done our part in and it does not in any way limit dam- year. Notably, it places limitations on Mississippi. We still need to do more, ages, either punitive or compensatory. contingency awards for attorneys in but this is a Federal interstate problem What does it do? First, it expands the coupon settlement cases. By basing and we in Congress are going to have to jurisdiction of Federal courts over these contingency fees on the value of help address it. large interstate class actions. Clearly, the coupons that are actually re- Courts where the class action mecha- that is a Federal jurisdictional issue deemed, or the amount of time ex- nism is routinely and egregiously and one we have a right and a real need pended by the attorney, it provides for abused have been proliferating. In to get into. a far greater protection for plaintiff many instances we know the plaintiffs Let’s be clear. We are only talking class members. This provision takes a get little or nothing, and the lawyers about those cases in which the aggre- big step toward addressing the grossly have gotten massive fees. I can cite ex- gate amount in controversy exceeds $5 inequitable fee awards to attorneys ample after example in my State where million, in which there are at least 100 when class members end up with a cou- awards have been de minimus or noth- plaintiffs, and in which any plaintiff is pon. ing. Jefferson County, MS, in my State a citizen of a different State from any Additionally, by requiring the judge is one of the worst, most abused mag- defendant. This makes basic sense. to make a written finding that the ben- net jurisdictions in the country. Far Where you have more than 100 class efits to class members substantially too often innocent local business men members and where parties to the liti- outweigh the monetary loss from a set- and women are joined as defendants in gation are from different States, the tlement, the bill provides an added controversies to which they were mere- Federal courts should have jurisdic- layer of protection for class members ly innocent bystanders, all because tion. This provides fundamental fair- who will suffer a net monetary loss as plaintiffs’ lawyers wanted to file the ness for all involved. The Framers of a result of payment of attorney’s fees.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1082 CONGRESSIONAL RECORD — SENATE February 8, 2005 Do not get me wrong. I went to law over a mass action, under this bill this State law, that State law, or an- school. I practiced law for a while. Yes, there must be more than 100 plaintiffs, other State law, depending on which I was on the defense side of the ledger minimal diversity must exist, and the one suits our particular cause the best. most of the time. But I have to admit total amount in controversy must ex- If this amendment is offered and reluctantly that my brother-in-law—I ceed $5 million. In other words, the passes, we would certainly have to go am really not related to him by blood; same safeguards that apply to removal to conference then with the House. It he married my wife’s sister—is one of of class actions would apply to mass would delay our efforts to get a final the, shall we say more famous lawyers actions. bill. And if we could not come up with in this country, Richard Scruggs. He Mass actions cannot be removed to a solution in conference that did not has brought a lot of lawsuits I don’t Federal court if they fall into one of include this amendment, we would not like. On occasion he actually makes a four categories: One, if all the claims get a bill. point with some of those lawsuits. I arise out of an event or occurrence So the phrase ‘‘choice of law’’ does don’t want to put him out of business, that happened in the State where the sound nice, but the amendment actu- but I want some reasonable restraint action was filed and that resulted in in- ally would alter very fundamental on how these class action suits have juries only in that State or contiguous legal principles. It would require Fed- been abused. He has not been one of the States. That makes sense. The second eral courts to apply one State’s laws ones who actually wound up having exception would be, if it is the defend- when adjudicating a nationwide class abused lawsuits in the courts, as he ants who seek to have the claims action. Here is what that means. If a winds up getting settlements most of joined for trial; third, if the claims are nationwide class action is brought the time. asserted on behalf of the general public against a Mississippi company, the I understand both sides of this equa- pursuant to a State statute; and, last- judge would be forced, under this tion. I certainly do not want to take ly, if the claims have been consolidated amendment, to choose one State’s law away people’s right to sue—individuals or coordinated for pretrial purposes to apply to the whole country. The or even class actions, when they are only. Mississippi company, which typically really a class. That is not what has Some of my colleagues will oppose conducts business in Mississippi in been happening. There has been an ef- this mass actions provision and will compliance with Mississippi law and fort to dredge up clients, and it has led want to gut it by making an effort to Federal law, would not necessarily to the next area I will talk about, mass confuse mass actions with mass torts. I have the protection of Mississippi law. actions. realize we are kind of getting into a Even though the Mississippi law, with There is language in this bill dealing legalese discussion, but words make a which the company complied, differed with mass actions. I understand there difference when you are considering a from, for example, Nebraska law, the may be an effort later today or this bill such as this. I am very concerned judge could potentially choose to apply week to change this section with an that the real motive is to render this Nebraska law. amendment that I understand may be provision meaningless, thereby cre- So believe me, the proponents of this offered. But it is vital that we retain ating a loophole for the trial lawyers amendment know exactly what they the mass action section of the bill to basically get a class action by an- are doing. If it were adopted, it would without an amendment so that we other name. perpetuate the forum shopping that don’t open the door for lawyers to Mass torts and mass actions are not has been going on in recent years that make an end run around what we are the same. The phrase ‘‘mass torts’’ re- has led to one of many areas of abuse. trying to do with class actions in this fers to a situation in which many per- Let me conclude because I know oth- bill. sons are injured by the same under- ers want to speak. We want to get the The mass action section was specifi- lying cause, such as a single explosion, process started. It is a compromise bill. cally included to prevent plaintiffs’ a series of events, or exposure to a par- It is not perfect. There will be different lawyers from making this end run. It ticular product. In contrast, the phrase points of view. I have worked in this will ensure that class action-like cases ‘‘mass action’’ refers to a specific type area for many years. I have heard all are covered by the bill’s jurisdictional of lawsuit in which a large number of the arguments. I have heard those ar- provisions even if the cases are not plaintiffs seek to have all their claims guments on the floor of the Senate, in pleaded as class actions. adjudicated in one combined trial. committee rooms, and at the family The amendment that we are hearing Mass actions are basically disguised dinner table. I want people to be able to get justice may be offered later today is a little class actions. and redress. But I do not see how any- sleight of hand. This is a case where If we enact the amendment that we body can argue that there has not been you argue that you’re only changing are hearing may be offered to alter the abuse in the area of class actions and one word but, in reality, you fun- mass action section, if we do not keep in mass actions. It has certainly been damentally alter what happens with re- the mass action section intact, we will abusive in my own State. What dis- gard to these mass actions. There are a be knowingly creating a loophole that gusts me the most is the lawyers it has few States, such as my State—which do would undermine our whole effort in made superwealthy while the claim- not provide a class action device. In getting some responsible reform. ants got almost nothing. We can do those States, plaintiffs’ lawyers often I also understand there is another better. This legislation will lead to a bring together hundreds, sometimes amendment that will be offered, and it thousands of plaintiffs to try their better solution. has been referred to as the choice of I yield the floor, Mr. President. claims jointly without having to meet law amendment. That has a good The PRESIDING OFFICER (Mr. MAR- the class action requirements, and sound, choice of law. To me, that is an- TINEZ). The Senator from Illinois. often the claims of the multiple plain- other word for shopping around to find Mr. DURBIN. Mr. President, I say to tiffs have little to do with each other. the best forum, once again, with no re- those of you who are following the Sen- There was an instance in my State lation to where the incident occurred ate in action, welcome to our first sub- where you had more plaintiffs in one of or where the plaintiffs live, or the de- stantive bill. That is right, this is the these mass actions than you had people fendants, or anything. first substantive bill that we are con- in the county, more than the residents I have spoken to several of my col- sidering. Some might conclude, if it is in the county. Under the mass action leagues about this amendment in the the first, it must be a very high pri- provision, defendants will be able to re- last week or two, and some of them ority. move these mass actions to Federal have even said to me: Don’t you think Does it have to do with health care in court under the same circumstances in we should include this amendment? My America, the increasing costs of health which they will be able to remove class answer is no. This is a bad amendment. care for families and businesses and in- actions. However, a Federal court In my opinion, it is a poison pill. If we dividuals? No. would only exercise jurisdiction over accept this choice of law amendment, Does it have to do with education in those claims meeting the $75,000 min- basically the plaintiffs’ lawyers can go America, how to improve our schools imum threshold. To be clear, in order to Federal court and say: OK, it is in so we can compete in the 21st century? for a Federal court to take jurisdiction Federal court, but we want to look at No.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1083 It must be the Federal Transpor- For example, in Mississippi, the tified to go forward. All the rest of tation bill then. We know we need that. State of the Senator previously ad- them languished and did not. Four We are 2 years late in passing that bill, dressing the Chamber and one of the cases in 2002 went forward. But surely and we need the money spent in Amer- States often criticized by tort reform if they are a judicial hellhole, it got ica to build our infrastructure. Is this advocates, Public Citizen found that worse. But it didn’t. In 2003, only one the Federal Transportation bill? No. businesses were more than five times class action lawsuit was certified. One. No, it does not have anything to do more likely to file suits than individ- What happened in 2004? Not a single with health care or education or trans- uals. In that State, there were 45,891 class action lawsuit has been certified. portation, despite the fact that every business lawsuits filed compared to So when you hear these exaggerations Senator in this Chamber, when they go 7,959 lawsuits by individuals. You sure on the floor about judicial hellholes back to their States and meet with wouldn’t know it listening to the com- and all of these class action lawsuits, it their people, hears about those issues. ments on the floor about a litigation turns out that the No. 1 example of a Senator, what are you going to do crisis. judicial hellhole—Madison County, about the cost of health insurance? It Along comes the self-styled group IL—had no class action lawsuits that is killing my business. Senator, what called the American Tort Reform Asso- were certified in 2004. are you going to do about the Presi- ciation. I think if you lift the lid on We know what this is all about. We dent’s No Child Left Behind, an un- the American Tort Reform Associa- should get down to the basics. Why is funded Federal mandate? We are hav- tion, you will find a lot of the big busi- the U.S. Chamber of Commerce spending trouble with our school districts ness interests in America. They have ing over $1 billion to lobby us to pass back in Illinois and Utah and other come forward and decided that they are this bill? This is the largest amount of places. What are you going to do about going to call certain areas of America money ever recorded for lobbying ac- that? Senator, when are you going to judicial hellholes. For example, their tivities and the first time that lob- pass the Federal Transportation bill? 2004 report labeled the entire State of bying spending has passed the $1 billion We need to improve our highways in Il- West Virginia as the No. 4 judicial mark. Why is it so important? Accord- linois. hellhole in America. Why? The report ing to Senator LOTT and others, it is Those are the comments we hear. states that in one county, Roane Coun- just a simple thing. We are going to But, no, when it comes to the very first ty, WV, which in its first 150 years take class action lawsuits out of State bill, the highest priority of the Repub- never had a class action lawsuit, actu- courts and put them in Federal courts. lican leadership in this Congress, we ally had two class action lawsuits filed What is the matter with that? Federal are going to deal with what they have in a year and a half—two in a year and courts are supposed to represent the characterized as a litigation crisis. Richard Milhous Nixon, former Presi- a half, the No. 4 judicial hellhole in Nation. These class action lawsuits dent of the United States, wrote a fa- America. have plaintiffs from all over the coun- Here is another exaggeration by the mous book during his public career entry. It seems reasonable. same group: the No. 6 judicial hellhole titled: ‘‘My Six Crises.’’ Well, if you If that is all there is to it, why would in America, Orleans Parish, LA. Ac- pay close attention to the Bush admin- these business interests spend such an cording to the report from the Amer- istration, you will find that they are inordinately large sum of money to ican Tort Reform Association, a strong way beyond six crises. They have told lobby us to pass it? Because they know, us we had a national security crisis proponent of this bill, this county as we know who have practiced law, that required the invasion of Iraq; an earned the title because ‘‘plaintiffs at- that Federal courts are unfriendly to economic crisis which required tax cuts torneys are turning mold into gold’’ by class actions. Federal courts are less for the wealthiest people in America; a representing a class of government at- likely, by their own rulings, to certify vacancy crisis in the Federal courts, torneys working in buildings con- a class. In other words, a class of plain- despite the fact that this Senate had taining toxic mold which caused health tiffs files a lawsuit in Federal court, it approved 204 of the President’s 214 problems. How many class action law- is less likely it will go forward. That is judges he sent to us. We were told we suits were filed in Orleans Parish to what this is all about. It isn’t about had a moral crisis requiring constitu- make them a judicial hellhole? One. class action fairness; this is the class tional amendments. And just last The Senator from Mississippi spoke a action moratorium act. week, the President has told us we few minutes earlier about abuses in his Also, Federal law favors less liability have a Social Security crisis. own State. Take a look at what hap- in case after case. Federal law discour- It is hard to keep up with this White pened in the State of Mississippi. In ages Federal judges from providing House and all their crises. And here 2002 and 2003, this same American Tort remedies under State laws. So the busi- today, we are told we have a litigation Reform Association listed Mississippi, ness interests that want to move these crisis and a sense of urgency to deal its 22nd judicial district, as a judicial cases from State court to Federal court with this bill. Yet the facts do not back hellhole. In 2004, it didn’t make the understand what it is all about. Fewer it up. list. Why? Because the State actually cases will survive. Those that do will According to the Administrative Of- received five pages of praise from the pay less. That is what their goal is. fice of the U.S. Courts, which is a part same group for changing its State’s That is why they have spent this enor- of the Federal judiciary, tort actions in laws to deal with class action lawsuits. mous amount of money lobbying Con- Federal district courts from 2002 to 2003 This Mississippi judicial hellhole be- gress. dropped by 28 percent. came an object of praise and admira- Listen to what the business interests Over the last 5 years, Federal civil tion when they fixed their own problem say about the Class Action Fairness filings have not only decreased by 8 at the State level. Act before us: percent, the percentage of civil filings I can’t avoid the topic of judicial It would simply allow Federal courts to that are personal injury cases has de- hellholes without speaking for a mo- more easily hear large national class action clined to a mere 18.2 percent of the ment about Madison County, IL. The lawsuits affecting consumers all over the total docket. President was so upset about Madison country. The same thing is happening at the County, IL, that he flew to Collinsville How harmless. Yet they spent $1 bil- State level. So the statistics tell us we a couple weeks ago to criticize their lion lobbying to pass this bill as the are not seeing an onslaught of more court system. Let’s take a look at first bill of this Congress—before and more cases. Just the opposite is Madison County in terms of real num- health care, before education, before true; that is, in cases filed by individ- bers. the Federal transportation bill. They uals. In 2004, Madison County ranked No. 1 know, as we do, that class action law- The study also took a look to find by the American Tort Reform Associa- suits in Federal court are much less out what American businesses were tion as the worst judicial hellhole in likely to survive. doing—American businesses suing America. So what do we find about the Let me give an example, because the other businesses. It turns out Amer- class action lawsuits that were filed in problem with talking about class ac- ican businesses were 3 to 5 times more Madison County? Of the class action tions is most people listening say: likely to file lawsuits than individuals. lawsuits filed in 2002, four were cer- What in the world is he talking about?

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1084 CONGRESSIONAL RECORD — SENATE February 8, 2005 Is this a class in school or class of peo- American civil justice system is, in detail all of those abuses, since they ple? Who are you referring to? Let me many ways, at a crossroads. We have have been addressed earlier. But one of give a concrete example. an opportunity to choose between tak- the most classic cases is the coupon Charles and Jenny Will live in Gran- ing a path toward greater freedom and settlement. It reminds me of an old ite City, IL, which happens to be in responsibility, or heading down a path country and western song, where the Madison County. They are an older that encourages lawsuit abuse and lawyers get the goldmine and the con- couple. They live in a small blue and cripples our ability to compete in a sumers get the shaft. white wood-frame house. Their main global economy. Now is the time, I be- We have all seen the numbers relat- source of income is Social Security. lieve—actually it is past time—to ing to the cost of our broken civil jus- They are nice people. I am proud to enact the reforms necessary to ensure tice system. According to one esti- have them as my constituents. On America’s competitiveness in the 21st mate, the cost of the tort system in their walls hang pictures of their kids century. 2003 totaled more than $245 billion, or and the Last Supper. I am struck, as I listen to the critics 2.2 percent of the gross domestic prod- Mr. Will has 3 years of Active-Duty of this bill, many of whom are the uct. That amounts to a tort tax on service in the U.S. Navy and a sign in same people who complain about the every American citizen of approxi- his front yard that he proudly put fact that American jobs are being sent mately $845 a year. there saying ‘‘support our troops.’’ He offshore to places like India, China, The percentage of our economy that is 71 years old. He is on oxygen, but he and elsewhere, when one of the very is devoted to tort law and resolution of moves around pretty well. He has had causes of the damage to America’s claims through our tort system is far some major heart problems, including global competitiveness is our civil jus- greater than any other industrialized triple bypass in 1989, and problems with tice system. country. In Britain, for example, the his leg where the doctors had to re- I think people of good faith and good entire tort system—attorneys’ fees, move a vein for surgery. will agree that the goal of our civil jus- settlement costs, jury awards, and ad- Mr. Will is taking nitro tablets and tice system ought to be getting people ministrative costs—costs less as a per- about 15 different medications daily, who are truly injured as a result of the centage of GDP than America’s plain- two of which are insulin. He was, un- fault of another fair compensation. But tiffs’ lawyers gross for themselves fortunately, diagnosed with diabetes 20 I think also, being objective about this alone. years ago, and he has very few com- issue and some of the examples of This level of stress on the economy plications—thank goodness—but it abuses that we have seen, we know too and on our civil justice system itself is seems to have affected his vision, often that this goal is not being met in unacceptable. But it hasn’t always which is not very good. the current environment. We see law- been that way. Class actions, prior to Mr. Will was prescribed the drug suit abuse particularly in the class ac- significant rule changes in the 1960s Rezulin by his doctor. He remembers it tion area and also in the asbestos area. and 1970s were not, as they are today, because the drug was real expensive. This abuse is having a damaging im- largely a sport for a handful of aggres- He told the doctor he couldn’t afford it, pact on our economy. In the asbestos sive personal injury lawyers to pursue so his doctor gave Mr. Will a bunch of area, we see people who are sick are abusive litigation and junk lawsuits. samples to take home. Rezulin, a drug getting pennies on the dollar in com- Take, for example, the change in 1966, prescribed for the treatment of type 2 pensation because people who are not from a system where class members diabetes, became available in the U.S. sick are getting ahead of them in line, were required to ‘‘opt in’’ to a system, in 1997. Warner-Lambert marketed this resulting in bankruptcies which have where now they are required to ‘‘opt drug as ‘‘safe as a placebo’’—in other destroyed jobs and pensions for Amer- out.’’ By 1971, four times as many class words, as safe as a sugar pill. ican workers. actions were being filed than had been Three years after Rezulin came to So it is unthinkable to me that any- in 1966. In other words, from 1966 to market, the FDA asked Warner-Lam- one could stand here on the Senate 1971, we saw four times the number of bert to voluntarily remove the drug floor and claim there is nothing wrong. class actions brought. from the market as they started noting That seems to be a common theme Since that time, recoveries have sky- too high an incidence of liver failure these days, whether we are talking rocketed. This chart behind me reflects and deadly side effects. Mr. Will was about Social Security or lawsuit re- the growth I mentioned a moment ago. subsequently taken off Rezulin and form, or a variety of subjects. But the You can see that from 1973 to 1975 there prescribed a safer treatment. truth is that the facts clearly indicate were relatively few class action law- A class action lawsuit was filed in Il- otherwise. suits and relatively modest recoveries. linois to protect people living there As the continued spread of democ- But they have obviously ballooned and like Mr. Will. The case alleged that racy and capitalism take root in coun- appear to be getting bigger year by Warner-Lambert violated the New Jer- tries throughout the world, and as year. sey consumer fraud statute by pricing modern travel and information tech- The problems we increasingly experi- the drug much more in excess of the nology bring our world closer together, ence with abusive class action lawsuits price that the drug would have been there is no question that the health of call for a significant overhaul of our but for Warner-Lambert’s concealment America’s economy is influenced by civil justice system and particularly of the drug’s deadly side effects. the free flow of goods and services in our rules providing for the resolution This theory is supported by the international markets. of mass tort litigation. major insurance companies. It is a simple fact of life: We live in I must tell you that the bill we have Last year, the case was certified by a global marketplace, where we do not before us today is clearly a modest re- the State court as a class action. But it just compete with businesses across form. It amounts to an improvement was turned down in Federal Court. the street, but with ones on the other over the status quo, but it doesn’t That is the problem we are running side of the world. Our economic begin to approach the comprehensive into. strength and ability to compete now solution America needs. Mr. President, I have an amendment depends on our willingness to confront As it stands, S. 5 provides two pri- I am going to offer. I think I will wait the burdens that prevent growth, dis- mary improvements: It allows removal until after lunch to do that. The Sen- courage innovation, and ultimately of a greater number of class action law- ator from Texas is here and wishes to cost Americans their jobs. suits from State court to Federal speak. We have about 20 minutes re- It is unthinkable to me that anyone court, and it requires judges to care- maining. can claim a system that compensates fully review all coupon settlements and I yield the floor. people who truly are injured as a result limit attorneys’ fees paid in those set- The PRESIDING OFFICER. The Sen- of the fault of another so poorly, but tlements to the value actually received ator from Texas is recognized. makes a handful of lawyers rich, by class members. Mr. CORNYN. I will speak generally doesn’t need to be fixed. But the sys- These two reforms—as modest as about the issue of class action reform tem—particularly in the class action they are—are important and will cer- contained in S. 5, because I believe the area—is fraught with abuse. I will not tainly offer fair but desperately needed

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1085 relief for State courts which are expe- The final step, and the most impor- have an early victory for the American riencing firsthand the explosion of tant one to me, is maintaining the people in this important area. But class action litigation. It will also pro- proper relationship between the class there are a number of amendments vide for greater fairness for defendants members and their attorney. As the oc- that will be offered which, in essence, who are currently being dragged into cupant of the chair, the Presiding Offi- are poison pills, that if agreed to will ‘‘magnet jurisdictions,’’ and it will pro- cer, knows, this is a particularly tough completely destroy any opportunity we vide greater fairness for class members issue when it comes to class counsel have for this modest reform. who are oftentimes receiving pennies who may have one real client, the class I have my own amendments that I on the dollar, while class counsel get representative, with whom they deal filed, if others are offered and agreed rich. but, in reality, class counsel calls the to, which I believe are important to Yet, as much of an improvement as shots and runs the case. Class members move the bill in the direction where I this bill is, it falls short of the ideal. may not even know they are involved think it ought to go. But the truth is, To be effective and fair, I believe class in a lawsuit until they receive a notice I am refraining from urging those actions and other mass tort litigation of settlement and perhaps, as we heard, amendments at this time because I require three things: A level playing a coupon worth pennies on the dollar. think this fragile compromise, as mod- field; transparency, so consumers can The opportunity for abuse of that im- est as it is, does represent real reform have complete, fair, and accurate infor- portant fiduciary relationship between in moving the bill in the right direc- mation; and a clear relationship be- the lawyer and the client is very im- tion. tween class members and their law- portant to address. Here again, as the Washington Post yers. I believe one solution would be to editorial on August 27, 2001, points out: First, a level playing field depends on allow members of the class to opt in in- No portion of the American civil justice a fair class certification process. As the stead of opting out because, indeed, in system is more of a mess than the world of current occupant of the chair knows, class action. None is in more desperate need a country that says we do not promote of policymakers’ attention. almost all class actions settle if cer- litigation, although we certainly give tified. The main event in class action That was in 2001, and certainly the fair access to courts, it just does not lawsuits is the certification process be- situation has not changed today. make much sense to me to say to the cause ultimately, once certified, most I am baffled by those who want to consumers: You can be a plaintiff in a defendants feel as if they have no whistle past the graveyard and act as if lawsuit, you can actually be a party to choice but to settle because even a there is nothing wrong and that every- a lawsuit and not even know about it small risk of an adverse judgment, thing is just hunky-dory when it comes until the lawsuit is over, which is what given the large number of class mem- to class action reform. I believe the happens today. American people expect that the civil bers, can lead to a ruinous result. They Consumers should not have to learn are forced to try to settle the case on justice system will operate in their that they are members of a class action the best terms they can. best interest, not in the best interest of lawsuit by receiving a check for $2.38 in Where there is no right to an imme- a handful of lawyers. diate interlocutory appeal of class cer- the mail and then find out in the morn- I am confident the damage that is tification and stay on discovery, class ing paper that the lawyers who pur- being done to American competitive- certification can cause settlements ported to represent them just collected ness is killing jobs that would be cre- that far exceed the case’s value on the $5 million. The cases and examples go ated in the United States but for the merits because of the extortionate ef- on and on. fact that people do not want to subject It should also go without saying that fect of the certification process and the themselves to an out-of-control class the attorneys should be paid at a level threat it brings to the very livelihood, action system. So, instead, jobs are commensurate with the work before not to mention the financial life, of the being created in other countries across defendant involved. them, not based on strictly a contin- the world where they do not have those States, such as my home State of gency fee which may, indeed, allow same concerns. Texas, have also embraced limits on huge financial rewards for relatively This is clearly an area that cries out appeal bonds. Too often in large class modest work actually being done. for reform. It is one that is long past action lawsuits, the judgment can be so I hope those listening, if there are due. any listening to my comments, under- large that the defendant cannot, in ef- I congratulate Senator CARPER and fect, buy an appeal bond with which to stand my concerns that this modest others on that side of the aisle who appeal the case and correct an erro- legislation does not go far enough to have worked so carefully to try to craft neous ruling below. So the defendant is remove the scandal of litigation abuse this fragile compromise. But I want my forced to settle because they cannot af- that too often plagues our civil justice colleagues to understand—and I think ford to appeal—again, not based on the system and the American economy. I they all do; I think we all do—that any merits, but based on the way class ac- hope they understand my reservations amendments to this bill will doom it. tion lawsuits are structured, without a do not indicate I am not for this bill So I urge all of my colleagues to vote right to interlocutory appeal. because, indeed, I am. I believe S. 5 is against any and all amendments; in- The second step toward an effective an important first step in reform and deed, even ones that I may like but system, I believe, is information flow. an important step in the right direc- which I know will have the ultimate ef- Class actions require that adequate in- tion. fect of killing the bill. I think it is bet- formation be available both for the In conclusion, because I know there ter to save those for another day and sake of the process itself and for pol- are others who want to speak, there another time rather than have the icymakers, like us, to analyze. It is will be attempts to offer amendments prospect of this bill going down in hard for us to do our job when it comes to this bill. I know Senator DURBIN, flames. to class action reform or civil justice but for the loss of his voice, would have Mr. President, I appreciate the time reform when some of the information— been the first to offer his amendment. and yield the floor. much of the information—is simply I am told Senator KENNEDY will be here The PRESIDING OFFICER. The Sen- hidden from public view. Class mem- shortly to do the same, but as everyone ator from Delaware is recognized. bers should be fully advised of all as- knows who has followed this bill—cer- Mr. CARPER. Mr. President, I under- pects of their case, and we should re- tainly Senator CARPER who has been an stand that under the previous order, quire that certain relevant information advocate for class action reform for the Senate will stand in recess at 12:30 about all class action settlements be some time, knows—the compromise re- p.m. for our weekly caucus luncheons. collected and published centrally for flected by S. 5 is a very fragile one, and I ask unanimous consent, notwith- examination and review by analysts it essentially depends on no amend- standing that unanimous consent and policymakers. ments being made to the bill or agreed agreement, to proceed for 5 minutes. Just as in Government, when it to the bill. If that happens, it is likely The PRESIDING OFFICER. Without comes to class actions, people deserve the bill will go promptly to the House objection, it is so ordered. to know what is going on, particularly where they will pass it, and it will go Mr. CARPER. Mr. President, before if it is their case. to the President’s desk, and we will Senator CORNYN leaves the floor, I

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1086 CONGRESSIONAL RECORD — SENATE February 8, 2005 thank him for his kind words, and I am in that courthouse. As a result, the de- CLASS ACTION FAIRNESS ACT OF pleased that we are at the point where fendant will agree to a settlement with 2005—Resumed we are on this legislation this week. I the plaintiffs’ attorneys. The settle- The PRESIDING OFFICER. The Sen- look forward to both sides exercising ment may richly reward the plaintiffs’ ator from Pennsylvania is recognized. constraint—we cannot let the perfect attorneys for bringing the case, the de- Mr. SPECTER. Mr. President, it had be the enemy of the good—and pass the fendant may cut their losses, but the been announced earlier that the Sen- good legislation that has been intro- folks on whose behalf the litigation ator from Illinois, Mr. DURBIN, would duced and debated this week, with the was brought in the first place, those be offering an amendment on class ac- understanding the House will accept it who allegedly are harmed, in many in- tion, so we will await his arrival. In and the President will sign it into law. stances get little or nothing for their the interim, I will yield to my distin- We heard a fair amount already harm. That is not a fair situation. It is guished colleague from Utah, Senator not fair to the little people on whose about the ills of class action lawsuits. HATCH, who has some comments and Class action lawsuits, in and of them- behalf the case has been brought. It is who will be managing the bill this arguably not fair to the defendant be- selves, are not a bad thing. Class action afternoon. lawsuits give little people who are cause they are in a courtroom where The PRESIDING OFFICER. The Sen- harmed, in some cases by companies, they do not have a fair chance to de- ator from Utah. the opportunity—maybe not harmed in fend themselves. It can be fixed, and it Mr. HATCH. Mr. President, what is a way that the consumers, the little ought to be fixed. the parliamentary state of affairs? people, lose their eye, arm, leg, or life, The legislation before us today will The PRESIDING OFFICER. S. 5 is be- but they suffer some kind of harm. not end the practice of class action fore the Senate. The idea behind class action lawsuits lawsuits being litigated and decided in Mr. HATCH. Have no amendments is to say when little people are harmed State courts. I believe the majority of been presented? by big companies or others that those class action lawsuits, even if this legis- The PRESIDING OFFICER. Not yet. people can band together and present lation is passed, which I am encouraged Mr. HATCH. I ask the distinguished their grievances to an appropriate that it will, will still continue to be Senator from Massachusetts if he is court, State or Federal, and for the held in State courts, and they should prepared to submit an amendment. If people who are harmed to be made be. We will have the opportunity to ex- he is, I would be happy to yield to him whole. plain why that is true later on. instead of making my comments. At the same time, it is important Before my 5 minutes expires, I con- The PRESIDING OFFICER. The Sen- that when the plaintiffs are bringing a clude with this: There are any number ator from Massachusetts. class action lawsuit against a defend- of people on both sides of the aisle who Mr. KENNEDY. I am going to send an ant from another State, that the case would like to offer amendments to this amendment to the desk. be heard in a court where both sides bill. We have been working for 7 years Mr. President, it is wrong to include can get a fair shake, the plaintiffs as to try to pass something that the civil rights in wage-and-hour cases in well as the defendant. House, the Senate, and the President this bill. Families across the country If we go back over a couple hundred will agree to. The time has come. To are struggling to make ends meet. centuries in this country, we ended up the extent that we make a change, They work hard, play by the rules, and with a law that the Congress passed whether it is in a Republican amend- expect fair treatment in return, but that said if we have a defendant from ment or a Democratic amendment that they often don’t get it. one State and plaintiffs from another might be offered, if we make a change, Unfair discrimination can lead to the State, it is not fair to the defendant to we invite the other side to retaliate loss of a job or the denial of a job. It have the case necessarily heard in the and to offer their amendments and per- can keep them from having health in- home of the plaintiffs. Someone may haps to adopt their amendments. For surance or obtaining decent housing. It those of us who want to see this bill have dragged the defendant in across can deprive their children of a good passed, I believe this legislation is the State lines and put them in a education. We can’t turn a blind eye to about the fairest balance we are going courthouse or courtroom where there that enormous problem. Those who en- to get, and I would encourage us to is a bias toward the local plaintiffs who gage in illegal discrimination must be support it. We should consider and de- brought the case against the defendant held accountable. bate the amendments but in the end from another State, and in an effort to That is why I am offering this try to make sure that we are fair to turn those amendments down. I look forward to debating each of amendment—to protect working fami- both parties, those who are bringing those amendments, and I hope in the lies and victims of discrimination. the accusations and those who are de- end we can accomplish three things Hard-working Americans deserve a fair fending against them, we have the Fed- with this legislation: No. 1, make sure day in court. Class actions protect us eral courts which were established in that where small people are harmed in all by preventing systematic discrimi- many cases to resolve those kinds of a modest way, they have the oppor- nation. issues. tunity to be made whole; No. 2, make Attorneys general from 15 States— Unfortunately, we have seen an abuse sure that the defendants who are pulled California, Illinois, Iowa, Kentucky, of some class action lawsuits in recent into court on these class action law- Maine, Maryland, Massachusetts, Min- years which led the Congress to begin suits have a reasonable chance of get- nesota, New Jersey, New Mexico, New debating this issue and considering leg- ting a fair shake; and lastly, I am not York, Oklahoma, Oregon, Vermont, islation to address these abuses start- interested in overburdening Federal and West Virginia—oppose the inclu- ing in, I want to say 1997, 7 years ago. judges. I think most of this litigation sion of civil rights in wage-and-hour The original problem that was discov- should remain in State court. I believe cases in the bill. The problems that ered or was pointed out is this: There the compromise we have struck will do supporters of the bill say they want to seems to be a growing prevalence of that. Those are our three goals, and I fix don’t even rise in civil rights and plaintiffs’ attorneys who are forum look forward to the debate that is labor cases. No one has cited any civil shopping in State or local courts where going to follow. rights or labor cases as an example of the plaintiff class may have an inordi- abuses in class action cases under the f nate advantage against the defendant. current law. I will not go into the examples today, RECESS During the discussion of this bill in but there are any number of instances The PRESIDING OFFICER. Under the Judiciary Committee and on the where one can see forum shopping has the previous order, the hour of 12:34 floor last year and during the commit- gone on, a State or a county court- having arrived, the Senate will stand tee’s discussion last week, no one iden- house has certified a class, agreed to in recess until 2:15 p.m. tified any need to fix civil rights or hear a case, and it sets up a situation Thereupon, the Senate, at 12:34 p.m., labor class actions. ‘‘If it ain’t broke, where the defendant company or the recessed until 2:15 p.m. and reassem- Congress shouldn’t try to fix it.’’ defendant knows they are going to bled when called to order by the Pre- There is no good reason to include have a hard time getting a fair shake siding Officer (Mr. VOINOVICH). these cases in this bill, but there is an

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1087 excellent reason not to include them. A case now pending in a Massachu- At a time when the administration is This bill will harm victims of civil setts State court illustrates how the bent on undermining overtime at the rights and labor law abuses by delaying bill deprives local citizens of access to Federal level, State law protections their cases and making it much more their own State courts when they be- are more important than ever. difficult and much more expensive for come innocent victims of widespread States are also pioneers in protecting them to obtain the justice they de- pollution occurring in their home- civil rights. Many States, such as Cali- serve. It may even discourage many towns. fornia, Minnesota, New Jersey, New from seeking any relief at all. In April 2003 an oil barge ran aground York, Rhode Island, Washington, and That is not what this bill was meant on Buzzard’s Bay off the coast of New West Virginia, have greater protections to do. We were told this bill was about Bedford, MA, spilling 98,000 gallons of for persons with disabilities than the cases in which individuals from across oil into the bay and polluting almost 90 Federal Americans With Disabilities the country receive relief in State miles of beaches and sensitive tidal Act. States are also in the forefront of courts for relatively minor violations— marshes in the area. Homeowners filed protecting against discrimination sometimes getting just a coupon or a a class action suit in State court ask- based on family status or citizenship. few dollars in a case they didn’t even ing for compensation for the damage to A majority of States prohibits ge- know about while a few elite attorneys their property. One of the defendants, netic discrimination in the workplace, receive more megadollar fees. Civil Bouchard Transportation Company, a new and troubling form of discrimi- rights and wage-and-hour class action has already been convicted of criminal nation where the Federal Government suits are not about minor violations. negligence in causing the spill. The de- has been too slow to respond. Our pro- They are about serious, sometimes dev- fendant companies are from out of posal, to prohibit genetic discrimina- astating harm to people who have been State. Even though the case occurred tion under Federal law, passed 95–0 in treated unfairly and are seeking their entirely under Massachusetts laws, if the Senate, but it stalled in the House. day in court; people such as Mary Sin- the current bill, the proposed bill, had When States act ahead of the Federal gleton, a long-term employee at a sci- been in effect when the case was filed, Government to provide greater rights entific laboratory in California who this case could be removed to Federal for their citizens, State courts should court even though all the victims are joined a gender discrimination class be allowed to interpret their own laws. full-time Massachusetts residents and action after her employer refused to State courts, not Federal courts, have seeking relief in Massachusetts courts give her and other female employees the expertise in exerting the will of the under Massachusetts laws. equal pay for equal work. Ms. Sin- State legislature and they should have gleton and her coworkers filed their Because this bill is not retroactive, the case will not be affected by this the right to do so. case in State court because State law We all know what is going on. We provided greater protection against bill, but with the passage of this act, similar future cases, properly brought should call this bill the ‘‘Class Action gender discrimination and retaliation Hypocrisy Act of 2005.’’ Our colleagues and because the Federal court rules in the courts of the State where the harm occurs, can be removed to the love to proclaim States rights when would have placed additional limits on Congress tries to expand the rights of discovery. Federal courts. As a result, the victims will often be confronted by class action law in all 50 States, but they do not This bill would also harm people such hesitate to override States rights to as Georgie Hartwig who spent 6 years certification procedures more onerous than those in their State courts. They help their business friends. This bill is working at a national discount retailer a windfall for guilty corporate offend- in Colville, WA. For years, Ms. Hartwig will face delays from congested Federal dockets. They will have to travel ers. It even allows repeat offenders to and her fellow workers were forced to drag State cases into Federal court and work off the clock, skipping breaks and greater distances from their homes to the courthouse. The procedural allows them to spend months litigating lunch, but not being paid for their whether the case belongs there. If the time. Now she is fighting, along with changes in this bill seem abstract, but they will have a devastating con- Federal court decides that the case 40,000 coworkers, to get the wages they does not fit the narrow rules set by the have earned. This bill was not supposed sequence for real people. bill and should be sent back to State to make it harder for people such as First and foremost, it reduces each court, that will cause another delay be- Ms. Hartwig to get justice. State’s power to protect its own citi- We were also told this bill would not zens and enforce its own laws. Moving cause the employer can appeal the de- shift cases to Federal courts unless these cases to Federal court will often cision. Delay is a serious problem they truly involve national issues, end them for all practical purposes. today in many Federal trial courts while State cases would remain in Federal courts may decide they do not across the country. State court. The bill’s actual effects meet the Federal rules for class certifi- Paul Jones, an employee of Goodyear are quite different. It does not just af- cation. Even if the cases are not dis- Tire Company in Ohio, found that out fect cases where the events affect peo- missed, plaintiffs forced into Federal the hard way. He and other workers in ple in multiple States; under this bill, court on State law claims have the their fifties filed an age discrimination a corporate defendant with head- decks stacked against them in Federal case in the State court in Akron. All quarters outside the State can move court because Federal courts take the they wanted was to be judged by their State class action cases, including civil narrowest possible view in interpreting ability, not their age. His attorney rights cases and worker right cases, State laws. The First and Seventh Cir- said, We file our class action lawsuits into Federal court, even if all the un- cuits ruled in interpreting State laws in the Ohio State court system because derlying facts in the case happened in a Federal courts must take the view that it is our experience these cases move single State. Think about that. If 100 narrows liability. State judges should much more rapidly in the State court workers in Alabama sue their employer be the ones who interpret State laws, than they would if filed in the Federal under Alabama law for job discrimina- not Federal ‘‘big brother.’’ court system. The difference in the tion that occurred in Alabama, this bill Often State laws have greater protec- amount of time it takes to adjudicate a says the employer can drag their case tions than Federal laws. That is the ge- State court age discrimination case into Federal court if the employer hap- nius of our Federal system. Many compared to a Federal court case may pens to be incorporated in Delaware. States have stronger minimum wage be as much as 2 years. No wonder the That makes no sense. laws and greater overtime protections corporate defendants are salivating The bill would also apply to cases than Federal law. Fourteen States and over this opportunity to escape the li- that seek justice for other strictly the District of Columbia have a higher ability for their wrongs. local events such as environmental minimum wage than the Federal stand- Paul Jones had a State law claim in damage. That is not what this amend- ard. Twenty states have overtime laws State court, but his employer tried to ment is about. This problem, which is that give workers greater protection have it dismissed based on Federal affecting us now in Massachusetts, il- than the Federal Fair Labor Standards court rulings that certain types of ar- lustrates the fact that this bill is not Act. Over 20 States have child labor guments in age discriminations were just about truly national cases, as sup- laws that are more protective than invalid. The State court rejected that porters keep insisting. Federal child labor laws. argument. It held that Mr. Jones could

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1088 CONGRESSIONAL RECORD — SENATE February 8, 2005 proceed with his claim based on the It is wrong for Congress to side with For some, delays in getting your day in disparate impact analysis, something corporate abusers and tell the victims court may only be an inconvenience. But we Ohio’s Federal courts did not allow. of discrimination and unfair practices are modestly paid workers with physically But a Federal court would have been they cannot count on their own State demanding jobs. For us, delays mean that we must continue to work without breaks, our much more likely to go along with the courts to give them the justice they de- work days are harder than they should be, idea because Federal courts read the serve. But that is what this bill is all and we must wait longer to be paid the extra State law narrowly. about. At the very least, we should ex- wages we have earned. As our situation The delay from moving State cases clude civil rights and labor cases from shows, delays are a significant burden to to Federal court would be particularly its harsh provisions. I urge my col- those seeking basic rights and a fair day’s harmful for low-wage workers who leagues on both sides of the aisle to wage for a fair day of work. We urge you to have no resources to fall back on when support this amendment to protect work to keep state wage and hour class ac- litigation expenses start to mount. these basic civil rights of hard-working tion cases in state court, where they belong. A letter by David Luna, Flora Americans in communities across the Sincerely, (SIGNED BY 85 EMPLOYEES) Gonzales, and dozens of coworkers who country. were housekeepers, cooks, and waiters Mr. President, I received many let- at two luxury hotels in Los Angeles, ters from working Americans and vic- MARY F. SINGLETON, makes the point. Their heavy work- tims of discrimination who support Truchas, New Mexico, February 2, 2005. Attn: Judiciary Committee loads forced them to work through this amendment. I ask unanimous con- their meals and breaks. sent to have some of these letters Re Federal Class Action Legislation They write: printed in the RECORD. Hon. EDWARD M. KENNEDY, [A]s cooks we . . . struggle to meet the ho- There being no objection, the mate- U.S. Senate, Russell Senate Office Building, tel’s 30 minute room service guarantee, yet rial was ordered to be printed in the Washington, DC we work through our own 30 minute meal RECORD, as follows: DEAR SENATOR KENNEDY: I am writing be- breaks on an almost daily basis. cause I understand that Congress is consid- Hon. DIANNE FEINSTEIN, ering legislation which might place certain These workers are working to re- U.S. Senate, Washington, DC cover wages they own, but the cor- limitations on class action lawsuits and re- Hon. EDWARD M. KENNEDY, quire that many class actions be filed in fed- porate defendants have been trying to U.S. Senate, Washington, DC eral court. As a woman who was the lead slow down the case by removing it to DEAR SENATORS: We are writing to share plaintiff and class representative in a gender Federal court. The harm of such delays our concerns about the Class Action Fairness discrimination lawsuit against a major em- Act, which would force workers with claims is very real to these workers, as they ployer in state court, I am concerned that under state wage and hour laws to bring such legislation will limit the ability of vic- so poignantly described: their suits in federal courts. Based on our tims of discrimination and civil rights viola- For some, delays in getting your day in own experience in trying to enforce state law tions to adequately redress their grievances. court may be only an inconvenience. But we labor protections in a class action lawsuit, I urge you to do what you can to preserve are modestly paid workers with physically we urge you to work to exclude wage and the rights of state citizens to pursue class demanding jobs. For us, delays mean that we hour class action cases from this bill. must continue to work without breaks, our We work at the Century Plaza and the St. action cases in their own state. work days are harder than they should be, Regis Hotels, two luxury hotels in Los Ange- As a long term career employee of a large and we must wait longer to be paid the extra les, California. We are housekeepers, cooks, scientific research laboratory in California, I wages we have earned. room service waiters, bartenders, servers, tried for many years to convince manage- If this bill passes, big corporations mini bar restockers, valets, or work at other ment to evaluate its compensation and pro- will have free rein to use procedural hourly jobs. We are employed by Starwood motional practices and take steps to correct maneuvers to delay these cases and Hotels & Resorts Worldwide, Inc., which long-standing and widespread disparities in manages and operates these hotels. salaries and promotions between men and deny these workers their day in court. Under California law, employees must be women at the institution. When these efforts Why should we make it harder for allowed two paid ten minute rest breaks and ultimately proved to be unsuccessful, five those workers to get their claims de- one half-hour unpaid meal break every shift. colleagues and I reluctantly decided that the cided? If employees cannot take their break, they only way that the civil rights of women at Abuses by large companies are wide- are supposed to be paid an extra hour’s the organization would ever be addressed was spread. Right now, class action cases wages. through litigation. We retained counsel and are proceeding in State courts in Mas- At the Century Plaza and the St. Regis, filed a class action in state court, alleging sachusetts, Minnesota, and California workers are routinely unable to take meal violations of anti-discrimination law on be- and rest breaks either because no one is for hundreds of thousands of low-wage half of ourselves and approximately 3,000 fe- scheduled to relieve us or because our work- male co-workers. workers who were required by Wal- load is so heavy that we cannot take the My understanding from our attorneys was Mart to work extra hours ‘‘off the time off. We believe that Starwood has that we could have filed our case in federal clock’’ without being paid for their sought to boost profits by increasing our or state court, since both have laws against workloads and by reducing staff, which extra time. It is wrong for Congress to employment discrimination. After consid- means we cannot stop working long enough side with the big guy. ering the options, we decided to file in state to take our breaks. These men and women deserve to re- court because we felt that it would provide a cover their lost wages to pay their For example, cooks in the Century Plaza room service department struggle to meet better opportunity to fairly and fully present rent, pay their medical bills, and put the hotel’s 30 minute room service guar- our case. Among other things, because of the food on the table. The longer they wait antee, yet we work through our own 30 size and nature of the organization, we knew for justice, the heavier the burden on minute meal breaks on an almost daily our employer would try to make the case these workers and their families. And basis. Housekeepers at both hotels face very complicated, and that a considerable the Senate is about to tell them to quotas of up to 15 luxury rooms per day. amount of ‘‘discovery’’ would be necessary, Each room must be spotlessly cleaned and including a number of depositions. Our un- take a hike? It is outrageous. derstanding was that the state court proce- Supporters of the bill talk a lot restocked, with towels and linens changed, carpeting vacuumed, and bathrooms left dures would offer more flexibility in this re- about fairness. We hear that word gard, allowing our attorneys a fair oppor- again and again. It has even been put sparkling. We spend our entire shifts rushing to meet the hotel’s high standards and often tunity to obtain the information necessary into the title of the class action bill. cannot rest until the end of our shifts. A Los to present our case on behalf of the class. Labeling it ‘‘fair’’ does not make it Angeles Times article concerning the inabil- In addition, we wanted to include claims fair. ity of housekeepers to take their breaks is based upon state laws because, in some re- Fair does not mean punishing those attached for your reference. spects, they provide stronger protection who are mistreated on the job. Fair- Last fall, we filed a class action in Cali- against discrimination and retaliation. Al- ness does not mean making it harder fornia superior court seeking to enforce the though we knew that we could include state for honest working men and women to state’s laws regarding meal and rest breaks. law claims in a federal court lawsuit, our un- obtain justice when they have been By now, we expected to have completed ini- derstanding is that federal courts may not be tial hearings and be well on our way to pre- as familiar with state laws and may not be cheated out of their wages. It does not paring for our trial. But because our em- willing to interpret state law as opposed to mean denying victims of discrimina- ployer has moved our case to federal court rigidly apply past interpretations. tion their day in court under the laws and is trying to have it dismissed, we have Yours very truly, of their State. been forced to endure delays. MARY F. SINGLETON

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LAW OFFICE OF JOHN C. DAVIS, General of California, Illinois, Iowa, Ken- torneys General to bring such actions, there- Tallahassee, Florida, January 14, 2005. tucky, Maine, Maryland, Massachusetts, by interfering with one means of protecting Re: Proposed Legislation Federalizing Class Minnesota, New Jersey, New Mexico, New our citizens from unlawful activity and its Actions York, Oklahoma, Oregon, Vermont, and West resulting harm. That Attorney General en- Hon. EDWARD M. KENNEDY, Virginia, we are writing in opposition to S. 5, forcement actions should proceed unimpeded U.S. Senate, Russell Senate Office Building, the so-called ‘‘Class Action Fairness Act,’’ is important to all our constituents, but Washington, DC. which will be debated today and is scheduled most significantly to our senior citizens liv- DEAR SENATOR KENNEDY: I am a lawyer to be voted on this week. Despite improve- ing on fixed incomes and the working poor. working in the Florida panhandle doing em- ments over similar legislation considered in S. 5 therefore should be amended to clarify ployment and civil rights cases. I am class prior years, we believe S. 5 still unduly lim- that it does not apply to actions brought by counsel along with Wes Pittman of Panama its the right of individuals to seek redress any State Attorney General on behalf of his City in a certified class action against the for corporate wrongdoing in their state or her respective state or its citizens. We un- Florida Department of Corrections brought courts. We therefore strongly recommend derstand that Senator Pryor will be offering by a class of hard working women who are that this legislation not be enacted in its an amendment on this issue, and we urge health care providers and non-security per- present form. that it be adopted. As you know, under S. 5, almost all class sonnel in the corrections systems. They 3. Many Multi-State Class Actions Cannot Be actions brought by private individuals in daily serve the citizens of Florida by pro- Brought in Federal Court viding health care and other essential serv- state court based on state law claims would Another significant problem with S. 5 is ices to inmates. As a condition of their em- be removed to federal court, and, as ex- ployment they have been subjected to unre- plained below, many of these cases may not that many federal courts have refused to cer- lenting sexual harassment by certain male be able to continue as class actions. We are tify multi-state class actions because the inmates. The Department has known of this concerned with such a limitation on the court would be required to apply the laws of for years and can stop the harassment, but availability of the class action device be- different jurisdictions to different plain- has ignored and belittled their plight. cause, particularly in these times of tight- tiffs—even if the laws of those jurisdictions The Circuit Court in Washington County, ening state budgets, class actions provide an are very similar. Thus, cases commenced as Florida, certified this case as a class action important ‘‘private attorney general’’ sup- state class actions and then removed to fed- and the Florida First District Court of Ap- plement to the efforts of state Attorneys eral court may not be able to be continued as peal affirmed that certification because they General to prosecute violations of state con- class actions in federal court. saw the injustice suffered daily by these cou- sumer protection, civil rights, labor, public In theory, injured plaintiffs in each state rageous women. The case is reported at Ru- health and environmental laws. could bring a separate class action lawsuit in dolph v. Department of Corrections, 2002 WL We recognize that some class action law- federal court, but that defeats one of the 32182165, aff’d, 855 So.2d 59 (F1a. 1st DCA suits in both state and federal courts have main purposes of class actions, which is to 2003). The lower court’s opinion, which is resulted in only minimal benefits to class conserve judicial resources. Moreover, while published on Westlaw, describes in detail the members, despite the award of substantial the population of some states may be large facts of the case. attorneys’ fees. While we support targeted enough to warrant a separate class action in- This case cried out for class action treat- effort to prevent such abuses and preserve volving only residents of those states, it is ment because that is the only way to effect the integrity of the class action mechanism, very unlikely that similar lawsuits will be the kinds of change that will get the atten- we believe S. 5 goes too far. By fundamen- brought on behalf of the residents of many tion of the Department of Corrections. Indi- tally altering the basic principles of fed- smaller states. This problem should be ad- vidual cases rarely if ever effect change be- eralism, S. 5, if enacted in its present form, dressed by allowing federal courts to certify yond the circumstances of the individual would result in far greater harm than good. nationwide class actions to the full extent of bringing the case. They are usually settled It therefore is not surprising that organiza- their constitutional power—either by apply- confidentially. ing one State’s law with sufficient ties to the We filed this case is state court, however, tions such as AARP, AFL–CIO, Consumer Federation of America, Consumers Union, underlying claims in the case, or by ensuring because it would have had little chance in that a Federal judge does not deny certifi- the federal court. The federal courts in Flor- Leadership Conference on Civil Rights, NAACP and Public Citizen all oppose this cation on the sole ground that the laws of ida would not certify the case because of more than one State would apply to the ac- what can only be viewed as a profound hos- legislation in its present form. 1. Class Actions Should Not Be ‘‘Federalized’’ tion. We understand that Senator Jeff Binga- tility to these kinds of cases by the Eleventh man will be proposing an amendment to ad- S. 5 would vastly expand federal diversity Circuit Court of Appeals. Thus, absent a dress this problem, and that amendment jurisdiction, and thereby would result in state court class action, there is simply no should be adopted. way that all of the individuals affected by most class actions being filed in or removed the Department’s practices would ever get to federal court. This transfer of jurisdiction 4. Civil Rights and Labor Cases Should Be Ex- relief. in cases raising questions of state law will empted Permitting employers to remove class ac- inappropriately usurp the primary role of Proponents of S. 5 point to allegedly ‘‘col- tions like this to the federal courts will ef- state courts in developing their own state lusive’’ consumer class action settlements in fectively deny any opportunity for the kind tort and contract laws, and will impair their which plaintiffs’ attorneys received substan- of systemic relief that results in real change. ability to establish consistent interpreta- tial fee awards, while the class members The irony that the interests driving this ill- tions of those laws. There is no compelling merely received ‘‘coupons’’ towards the pur- conceived legislation are usually states’ need or empirical support for such a sweep- chase of other goods sold by defendants. Ac- rights proponents shouldn’t be lost on any- ing change in our long-established system cordingly, this ‘‘reform’’ should apply only one. State courts are as well suited, if not for adjudicating state law issues. In fact, by to consumer class actions. Class action better suited, to adjudicate these controver- transferring most state court class actions treatment provides a particularly important sies. to an already overburdened federal court sys- mechanism for adjudicating the claims of This legislation will not promote justice tem, this bill will delay (if not deny) justice low-wage workers and victims of discrimina- and will upset the federal-state balance. If to substantial numbers of injured citizens. tion, and there is no apparent need to place the legislation cannot be defeated in its en- Moreover, S. 5 is fundamentally flawed be- limitations on these types of actions. Sen- tirely at the very least an exception to it cause under this legislation, most class ac- ator Kennedy reportedly will offer an amend- should be made for civil rights and employ- tions brought against a defendant who is not ment on this issue, which also should be ment litigation. I strongly urge you to do all a ‘‘citizen’’ of the state will be removed to adopted. you can to defeat the legislation and con- federal court, no matter how substantial a 5. The Notification Provisions Are Misguided tinue to fight for the rights of working presence the defendant has in the state or S. 5 requires that Federal and State regu- Americans. how much harm the defendant has caused in Please do not hesitate to call me if I can do lators, and in many cases State Attorneys the state. anything to help. General, be notified of proposed class action Sincerely, 2. Clarification Is Needed That S. 5 Does Not settlements, and be provided with copies of JOHN C. DAVIS. Apply to State Attorney General Actions the complaint, class notice, proposed settle- State Attorneys General frequently inves- ment and other materials. Apparently this STATE OF NEW YORK, tigate and bring actions against defendants provision is intended to protect against ‘‘col- OFFICE OF THE ATTORNEY GENERAL, who have caused harm to our citizens, usu- lusive’’ settlements between defendants and Albany, New York, February 7, 2005 ally pursuant to the Attorney General’s plaintiffs’ counsel, but those materials would Hon. BILL FRIST, parens patriae authority under our respec- be unlikely to reveal evidence of collusion, U.S. Senate, Dirksen Senate Office Building, tive state consumer protection and antitrust and thus would provide little or no basis for Washington, DC. statutes. In some instances, such actions objecting to the settlement. Without clear Hon. HARRY REID, Minority Leader, have been brought with the Attorney Gen- authority in the legislation to more closely U.S. Senate, Hart Senate Office Building, eral acting as the class representative for examine defendants on issues bearing on the Washington, DC. the consumers of the state. We are concerned fairness of the proposed settlement (particu- DEAR MR. MAJORITY LEADER and MR. MI- that certain provisions of S. 5 might be mis- larly out-of-State defendants over whom sub- NORITY LEADER: On behalf of the Attorneys interpreted to impede the ability of the At- poena authority may in some circumstances

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1090 CONGRESSIONAL RECORD — SENATE February 8, 2005 be limited), the notification provision lacks To show the scale of this problem, cases that are now being brought in meaning. Class members could be misled let’s look at the figures. More than Federal court, partly caused by people into believing that their interests are being 308,000 companies are incorporated in on both sides of the aisle. But there is protected by their government representa- Delaware, including 60 percent of For- no question Federal courts are not only tives, simply because the notice was sent to the Attorney General of the United States, tune 500 firms and 50 percent of the good courts, by and large they are basi- State Attorneys General and other Federal corporations listed on the New York cally fair courts. And by and large they and State regulators. Stock Exchange. Most of these compa- are basically very sophisticated courts. Equal access to the American system of nies also do business in many other And by and large they apply, in these justice is a foundation of our democracy. S. States. But plaintiffs in those other particular cases, the laws of the States 5 would effect a sweeping reordering of our States will not be able to file State in which the suits are brought—I might Nation’s system of justice that will dis- cases against these companies without add, unless there are reasons from the enfranchise individual citizens from obtaining redress for harm, and thereby impede ef- being dragged into Federal court. That Federal standpoint in applying other- forts against egregious corporate wrong- violates the principle of simple fair- wise. doing. Although we fully support the goal of ness. Now, there is nothing in this bill that preventing abusive class action settlements, The bill lets corporations stay in stops legitimate cases from proceeding. and would be willing to provide assistance in State court when it’s to their advan- There is nothing in this bill that takes your effort to implement necessary reforms, tage. Businesses will still have their consumer rights away. There is noth- we are likewise committed to maintaining day in State court. But corporate em- ing in this bill that will not give con- our Federal system of justice and safe- ployees whose civil or labor rights have sumers or those who are injured a day guarding the interests of the public. For been violated will be denied the same these reasons, we oppose S. 5 in its present in court. There is a lot in this bill to form. access. prevent some of the phony approaches Sincerely, Some have suggested that my amend- that are taken by some in the legal Eliot Spitzer, Attorney General of the ment is not necessary because Federal profession who should be ashamed of State of New York. courts have traditionally been protec- themselves. This bill corrects those Bill Lockyer, Attorney General of the tors of civil rights. kinds of injustices, those kinds of ex- State of California. It is true that our Federal courts per- cesses, those kinds of problems. Tom Miller, Attorney General of the State form the important job of protecting of Iowa. I urge my colleagues to vote against G. Steven Rowe, Attorney General of the rights under Federal law and the U.S. this carve-out amendment offered by State of Maine. Constitution. And my amendment will my distinguished friend from Massa- Tom Reilly, Attorney General of the State still allow those claims to be heard in chusetts, Senator KENNEDY. of Massachusetts. Federal court. But in cases involving This amendment excludes from the Patricia A. Madrid, Attorney General of State civil rights or wage and hour bill’s existing jurisdictional provisions the State of New Mexico. laws, State courts should make these those class actions involving civil W.A. Drew Edmondson, Attorney General decisions. When States step ahead of of the State of Oklahoma. rights violations and class actions in- the Federal government to give their Lisa Madigan, Attorney General of the volving wage-hour disputes. But before citizens greater protection than Fed- State of Illinois. I address the imprudence of carving out eral law—as several States have done Gregory D. Stumbo, Attorney General of these types of cases, I would like to the State of Kentucky. in the area of genetic discrimination of make it perfectly clear, as I think I J. Joseph Curran, Jr., Attorney General of discrimination based on marital sta- have up to now, that S. 5 in no way im- the State of Maryland. tus—State, not Federal courts, should Mike Hatch, Attorney General of the State pairs the substantive rights of litigants interpret those laws. That is what my of Minnesota. to bring, among other claims, civil amendment would ensure. Hardy Myers, Attorney General of the rights and wage-hour claims. Some op- The PRESIDING OFFICER. The Sen- State of Oregon. ponents of this bill seem ready to con- William H. Sorrell, Attorney General of ator from Utah. veniently gloss over this critical fact the State of Vermont. Mr. HATCH. Mr. President, I listened Darrell McGraw, Attorney General of the carefully to my friend and colleague in their efforts to pass bad information State of West Virginia. from Massachusetts, and I do think he about what this bill does. Mr. KENNEDY. Mr. President, I has a few things wrong. For instance, if S. 5 is procedural in nature and sim- would like to anticipate some of the ar- the vast majority of the people bring- ply moves larger interstate class ac- guments that may be made by those ing the suit are Massachusetts citizens, tions to the appropriate forum where who question whether cases based on under this bill they have a right to they belong in the first place: in Fed- truly local events would really be af- bring it in State court, if they want to, eral court. These class actions often infected by the class action bill. Some although most civil rights cases are volve the most money, parties from have claimed that the bill will bring brought in Federal court because these different States, and issues that tran- only national multi-State cases into are 14th amendment cases. scend State lines. Yet by the same Federal court, where they belong. They I remember years ago arguing on this token, the bill preserves States rights say it doesn’t affect purely State cases, floor on these issues, and, of course, to adjudicate truly local disputes on because it keeps class actions in State the distinguished Senator from Massa- behalf of their citizens. court if plaintiffs live in the same chusetts and others wanted these cases Now, those are facts. This bill does State as the defendant. brought to the Federal courts because not take any rights away from any- But in reality, the bill will move they were so afraid some of the State body. But what we are trying to do is many State law cases to Federal court courts would not do justice in civil stop the forum shopping; in other even if the people bringing the suit all rights cases. They were right. They words, finding jurisdictions that will live in the same State, and were hurt wanted them in Federal court. I do not render outrageous verdicts that basi- by a company doing business in that blame them. cally benefit the attorneys, the law- State. This is because the bill lets a The Federal courts are made up of yers, not the people for whom they are case stay in State court only if the de- judges who are nominated and con- suing. fendant is a ‘‘citizen’’ of the same firmed for life. Because of that, they Well, let me say, first, an affirmative State as the plaintiffs who brought the should not have any political forces exclusion of civil rights cases from case, and companies are citizens of the that would take them away from doing Federal jurisdiction runs counter to State where they were incorporated, justice. In all honesty, nothing in this the bedrock principles of encouraging regardless of where they do business. bill would stop Massachusetts classes our Federal courts to adjudicate civil As a result, plaintiffs who live in one made up wholly of Massachusetts citi- rights disputes. I remember, in days State who file a case against a com- zens or even a majority of Massachu- gone by, there was a demand that these pany with many offices in that State, setts citizens from bringing these cases cases be in Federal court because they would not be able to keep their case in in State court, if they want. are courts of primary jurisdiction State court if the company is incor- One reason the Federal courts are so under the Constitution and because, as porated somewhere else. clogged is because of a wide variety of a general rule, more justice was done.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1091 I think this principle speaks for itself let’s look at some of the figures. Just and involves a large amount in con- when you look at the plethora of Fed- look at this chart. The number of class troversy, regardless of whether the eral civil rights statutes extending pro- actions filed in State courts have sky- claims are predicated on State law, tections against employment, housing, rocketed in State courts under current then the case should be heard in Fed- race, and gender discrimination. That law. Take Palm Beach County, FL. It eral court. This is why we have diver- is just to name a few. Indeed, the Fed- has gone up 35 percent between 1998 and sity jurisdiction in the first place, and eral courts’ involvement with civil 2000. In Jefferson County, TX, a noto- it is certainly what the Founding Fa- rights is so pervasive that Federal rious jackpot jurisdiction, it has gone thers had in mind when they drafted courts routinely hear claims brought up 82 percent. In Madison County, IL, our Constitution. under State civil rights laws. This is another notorious jackpot jurisdic- I urge my colleagues to vote against not unusual. tion—in other words, a jurisdiction this amendment. It establishes bad pol- The Federal judiciary’s extensive in- where defendants don’t have a chance icy and is nothing more than yet an- volvement in civil rights matters has because of politics and moneys donated other attempt to weaken the bill. This also led to favorable results for civil to judges from the trial lawyers in that amendment, including all other carve- rights litigants. Honest litigants are particular jurisdiction, primarily—over outs, for that matter, also flies in the not going to lose in Federal court. It is 5,000 percent between 1998 and 2003. face of the bipartisan compromise that just that simple. And they are probably Why? Because it is a county that is out is now embodied in S. 5. I intend to more greatly protected because there is of whack. If the plaintiffs’ attorneys honor this compromise and encourage naturally less politics in Federal court. can get cases in Madison County, they my colleagues to do the same. Federal courts have a long record of are going to get big verdicts, out- Let me just say, it is unseemly to certifying discrimination class actions rageous verdicts for people who aren’t claim that the Federal courts are not and approving generous settlements in even sick, people who don’t even have as good as the State courts. And it is most of these cases. problems in some cases. even worse to claim that the Federal Take, for instance, the recent Home The overall increase in State courts courts should not have jurisdiction in Depot gender discrimination settle- is 1,315 percent. So don’t use that argu- these matters. The fact is, we have pro- ment which paid class members some- ment. If you add the fact that State vided through the Feinstein amend- where in the neighborhood of $65 mil- courts are almost always courts of gen- ment language that permits certain lion or the $192 million Coca-Cola race eral jurisdiction where they hear mat- cases to be in State courts. But when discrimination settlement in which ters ranging from traffic violations to they get to the size of the 100 or more each class member was guaranteed a domestic disputes, I think you get a in a class and over $5 million, these recovery of at least $38,000 in cold hard pretty clear picture of what our State cases have to be brought in Federal cash. And, of course, there is the recent courts are faced with in terms of work- court. And the reason is because of Federal court certification of the larg- load. these jackpot jurisdictions that I have est civil rights class action in U.S. his- As a final point, I would like to note been pointing out that really do not do tory involving 1.6 million former and that the Judiciary Committee soundly justice and are not fair. current female employees of Wal-Mart. defeated this very amendment of the Earlier, the distinguished Senator These are successful, proven results distinguished Senator from Massachu- from Illinois was talking about how that belie any claim that Federal setts during markup last Congress. We few cases are filed in Madison County, courts are somehow hostile to civil reported the bill in a bipartisan 13-to-5 IL. What he doesn’t tell you is that the rights actions. In fact, it is laughable vote in this Congress. The committee minute the lawyers start talking about to now say that we have to have these voted against the civil rights carve-out a class action and they send a demand in State courts when all these years we on a solid bipartisan basis and under- letter, the companies know they are have been working hard to get these cases to Federal court so they would be stood the inherent problems with this dead if the case is brought in Madison adjudicated more fairly. amendment. This amendment lost foot- County, IL. No matter how right they Some of those who support a civil ing in committee and should not gain may be, they are dead because the rights carve-out also contend the Fed- traction here. judges in that particular jurisdiction eral courts are overworked and incapa- The second carve-out excludes wage are in the pockets of the local lawyers ble of handling such matters, that the and hour or timesharing claims from with whom the out-of-State lawyers State courts are better equipped. Give the bill. These are actions brought by who have these class actions align me a break. We have heard this con- employees against their employers for themselves in order to go in there and cern raised repeatedly from opponents violating wage and hour restrictions get these outrageous verdicts that of this bill who apparently believe that imposed under applicable labor laws. would not be obtained in any fair court if they say it enough times, the propo- While these actions are certainly im- of law. sition may somehow turn out to be portant for working Americans, there So what do the companies do? They true and, at the very least, to minimize is no principled basis to exclude them have no choice. They will settle for the significant deficiencies in our from this bill, not one principled rea- what they estimate the defense costs State courts. These critics claim that son. to be because why should they take a it takes 5 years to get a class action to Again, let me be clear about S. 5. chance on jackpot justice? And it then trial in Federal courts. But do they This bill in no way affects the sub- becomes, in the eyes of many, a broken have the raw data to back these stantive rights of these workers to system of extortion, extortion by at- claims? Of course, they don’t. seek redress for these wage and hour torneys, extortion by the judges over In reality, the median time for final claims. In other words, employees who companies that probably have little or disposition of a civil claim filed in Fed- bring wage and hour claims against nothing to do with Madison County, IL, eral court is 9.3 months, and the me- their employers will still have the but because of the current system, dian time to trial in a civil matter in exact same rights they do now if this wind up there, either getting staggered Federal court is 22.5 months. Moreover, bill is enacted. The only way the bill with unjust judgments or doing what what some of the critics hide is the could possibly affect these cases is by prudence tells them they have to do, fact that the State courts have experi- moving them to Federal court. But and that is paying whatever they esti- enced a much more rapid growth in what the proponents of this amend- mate the defense costs to be to get rid civil filings than have the Federal ment overlook is that if a wage and of the lawyers. It comes as close to courts. Civil filings in State trial hour case meets the interstate criteria legal extortion as anything I have seen. courts of general jurisdiction have in- of the bill, then there is absolutely no That is what we are trying to solve creased 21 percent since 1984, and there reason to exclude them from Federal here. It doesn’t take away anybody’s are delays in many State courts on court. It makes no difference if the rights. It just means they will have to civil actions that are longer than they case involves a defective product, a prove their case in Federal courts. And are in Federal court. false advertising claim, or a breach of Federal courts are very competent As for filings in some of the more no- warranty. If the class action lawsuit courts. Judges are appointed for life. table magnet State court jurisdictions, involves parties from different States They are less political, although every

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1092 CONGRESSIONAL RECORD — SENATE February 8, 2005 once in a while you see some cutting time. If any amendments upset mise: why is that? I think everybody politicization of Federal court, but the essential compromises that have knows why. nothing like these jackpot justice ju- been negotiated over a long period of I yield the floor. risdictions that are constantly used by time, this bill will not become law. The The PRESIDING OFFICER. The Sen- some of these unscrupulous lawyers to purpose of these amendments is not to ator from Alabama is recognized. get outrageous verdicts so they can improve the bill but to destroy it. The Mr. SESSIONS. Mr. President, it is collect great big fees. House of Representatives will not always a pleasure for me to hear Sen- Yesterday, we talked about coupon agree—they have made it super clear— ator HATCH discuss legal issues. He has settlements—the lawyers get huge fees to a bill that includes amendments had great experience with them over and the person winds up with a $5 cou- that gut this bill’s modest and reason- the years, in the long time he has pon that is meaningless. That doesn’t able reforms. I have to say I don’t served on the Judiciary Committee and mean that some of these cases are not blame them. They have seen this proc- as a lawyer in his own right. I think he valid, but they could just as easily be ess for the last 6 years. The American summed up the situation we are in and won in Federal court, if they are valid, people have waited for this reform for I thank him for doing so. as they can in State courts, but not as far too long. I should remind my col- Actually, I believe that those who easily as in these jackpot justice juris- leagues that if we fail our constituents are seeking class action reform have dictions where justice is denied. We at this time, the memory of the Amer- been very generous in reaching out to can throw around big corporations all ican people is a long one. people who had some doubts to try to we want, but businesses in this country I will speak today about a number of gain their votes in support, to make are not all big and, even if they are, amendments that will likely be offered. sure no one is hurt in any unfair way they deserve to be treated justly. In my opinion, and in the opinion of through the passing of this legislation. That is what our court system should those most familiar with the bill, these We are now at a point where the time be doing. It should not discriminate amendments are poison pills, and ev- has come for us to pass class action re- against them because they are large erybody knows it. These amendments form. corporations. If they are fair and right, were not part of our discussions with I do not believe, and have never be- they should be treated just as fairly Senators SCHUMER, DODD, and LAN- lieved, we should be in the business of and rightly as anybody else. DRIEU that resulted in the current bi- eliminating class actions. They are not We have come close on this bill now partisan legislation. I don’t mean to a bad thing in themselves. Class ac- a number of times, very close. In No- limit it to them. There were a whole tions, in fact, serve an important pur- vember of 2003, we struck a deal that raft of Senators on both sides of the pose. In many instances, they are the gave the Class Action Fairness Act the aisle. only viable form of relief, where an in- requisite number of votes to pass even I will repeat that for emphasis. We dividual has claims that are so small it if the bill was filibustered. We got the had a deal. None of these amendments would not be economically feasible for votes, guaranteed up to 62. It was a bi- were part of this deal. What happened an attorney to take an individual’s partisan compromise that allowed us to the days when a deal was a deal? case; but maybe thousands of people to reach this commonsense agreement. These amendments are quite literally have been unfairly treated in the same Believe me, this compromise does not being offered at the eleventh hour and manner and an attorney can bring one satisfy everybody or, for that matter, I think for a purpose other than to im- case and everybody can be com- doesn’t satisfy anybody. prove the bill. pensated and the system can work very The fact is, it is what it is—a bipar- Let’s be honest about it. Consumers, effectively. That is the whole theory tisan compromise. If I would be per- plaintiffs, and others who have rights behind class actions. It has always mitted to write the bill the way I think are not going to be foreclosed from vin- been a good process under certain cir- it should be done, I think it would be dicating their right in a court of law. It cumstances, but we have always known perfect, and others in this body would is just that they are not going to be it could also be abused. For the most feel the same way. But we have worked able to take these cases—and certainly part, I think Federal courts have done out this bipartisan compromise and we outrageous cases—to these jackpot jus- a good job handling those cases. Many need to stick with it. tice jurisdictions where justice is de- State courts have done a good job of Senator CORNYN explained this morn- nied any longer—except under some handling those cases, but is now a pat- ing why he believes the bill should go loophole exceptions in this bill. But the tern by which some attorneys have further in correcting abuses in the cur- vast majority of the problems should learned to pick and choose States, even rent system, and he explained how he be solved by this bill. There are a lot of counties, where there may be only one would fix some of these problems le- people out there who have been very judge, and they know how that judge gally. He is not wrong, by the way. He badly mistreated because of the cur- thinks about these cases, and they file also said he would not advance these rent broken tort process, who are pray- the class action lawsuit there. The fact amendments at this time because he ing we will be able to get this bill is that most nationwide class actions understands the complex dynamics in through. can be filed anyplace in America—it arriving at the compromise bill. We Let me make this clear. If we add one makes sense that lawyers, therefore, have been at this for the last 6 years. of these amendments, I think the bill is chose to find the most favorable forum That is how long we have tried to get dead again, even though it has had 62 they can find in the entire United this bill through. This bill is not per- prime sponsors—people who will auto- States. That is selective choice of fect, by any stretch of the imagination. matically vote for this bill and who un- forum. There are other problems that No bill is around here, because we have derstand the game here is to get a bill arise with class actions, problems to work with 535 Members of Congress. out that will do some justice in this which have been around for a long Depending on your perspective, this country and stop some of the jackpot time. We have come to understand bill either gave away too much or not justice that has been going on. them and we need to do something enough. I don’t mean to denigrate anybody’s about it. We can do something about it. The fact is, this bill is just about amendment, but let’s be fair and make It is the right thing to do. It will im- right and it is time to get it done. We it clear that this bill does not take prove our system of justice. know we should get it done. A super- away rights. This bill enhances rights The Class Action Fairness Act does majority of those in this body should for both sides, and not just for plain- not close doors to class action plain- get it done. But nearly a year and a tiffs but also for defendants. So fair- tiffs; rather it opens doors to fairness half after we struck a deal to get it ness in the tort system will be brought in this entire process. I agree with done, a series of amendments are still back to the forefront. In the case of those who have said that the bill does being offered that would scuttle this civil rights and wage-and-hour dis- not go far enough. I think there are bill and, unfortunately, the amend- putes, look, for years we have argued going to be many opportunities for ment by the Senator from Massachu- they should be in Federal court. Now, clever attorneys to draft complaints setts happens to be one of them. Let us all of a sudden, they don’t want them and conduct their litigation in a way get down to the brass tacks. It is rug- in Federal court. All you can do is sur- that would avoid being covered by this

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1093 act, when in fact they ought to be cov- ty, IL. Why? Because a plaintiff in a cial ruling, in part, I believe, because ered by this act. Senator CORNYN has large action that involves people of the Supreme Court decision in the made a number of those suggestions, throughout the United States under Amchem case where the Court made and I have made some of those sugges- current law can choose their place to clear that even in conditional certifi- tions. But the perfect, as they say, can file the lawsuit. When they get an ap- cations, rigorous analysis is required be the enemy of the good. peal, it goes to the State of Illinois, to certify a class and must be con- An agreement has been reached that Mississippi, or Alabama’s appellate ducted. people feel comfortable with. I have courts, their supreme court, for final This ruling had far-reaching implica- been prepared not to offer a lot of review. That is a legitimate concern tions and limited the ability of plain- amendments so we can get this bill to and a matter that impacts people tiff lawyers and the defendant compa- final passage and quick approval and throughout the United States. nies to engage in collusion to the det- end the years and years and years of National class actions can be filed just riment of whom? The class. Don’t you debate on this matter that we know we about anywhere, and they are disproportion- think in these odd cases where the law- ought to deal with. ately brought in a handful of State courts yer does not even know the members of As you look about and review what whose judges get elected with lawyers’ the class he represents that ethical money. you hear and see who is making com- concerns are implicated? The situation ments on it, some of the things your This is the Washington Post I am simply is this: You sue a big company, read on the issue appeal to you. Let me quoting. It is the same thing Senator you allege lots of problems, you talk tell you about a Washington Post edi- HATCH indicated earlier. It is the re- with their lawyers, and a wink and a torial I read a few years ago that ality, unfortunately. nod occurs and you say: We will give summed it up the class action issue These judges effectively become regulators coupons to the people I am alleging to quite well. Politically, the Washington of the products and services produced else- be victims, but you have to compensate where— Post is a Democratic paper, a liberal me as a lawyer for all this time I have newspaper. But their editorial writers Not even in their county or State— spent in it; how about $10 million? made some very important points that and sold throughout the Nation. And when The defendants go back and say: If I agree with. They said this: cases are settled, the clients get token payments while the lawyers get enormous fees. we pay the lawyer $10 million and we Congress’ first priority in the world of civil pay the coupons to these people—most I am continuing to quote from the lawsuits should be to change the rules of of them will never use them—this will Washington Post: class actions. get us out of the lawsuit. Yes, it is too In other words, of all of the problems This is not justice. It is an extortion racket much money to pay the lawyer, but we that only Congress can fix. we have in litigation, the one this Con- will get it over with. Let’s do it. That is, unfortunately, the sad truth gress ought to deal with first is class Who is looking out for the class too often. action lawsuits. members, the people in whose name the Some years later now, Senator FRIST When working properly, class actions are lawsuit was brought? The answer is no has made this Class Action Fairness an important component of the American one. legal system, one that allows efficient court Act his first civil lawsuit priority. I consideration of numerous identical claims know there are some who see this bill These problems, unfortunately, are against the same defendant. as a moving train and they would like not currently subject to being settled In practice, no component of the legal sys- to add this or that provision as a ca- by the courts or handled by the courts. tem is more prone to abuse. boose to that train, but I hope we will I believe this legislation will take a Their analysis is that there is no exercise restraint and pass a clean bill strong step toward fixing that kind of component of the American legal sys- without amendments. problem. tem more prone to abuse than class ac- I know some have legitimate con- There are some who will argue that tions. cerns and others want to put on poison reform is not needed and this legisla- For unlike normal lawyers who are re- pills. They want to adopt amendments tion is even unfair. Let me ask this: Is tained by people who actually feel wronged, that will cause so much controversy it fair to be a member of a lawsuit of class counsel, having alleged that a product that it can end up killing the entire which you are unaware and do not even deficiency caused some small monetary dam- bill. In my view, anything that does know you are a party to it? Is it fair to age to some discernible group of people, receive a coupon settlement that basi- largely appoint themselves. not make this bill stronger is a poison pill. We do not need to, and must not, cally requires you to do business with In other words, a lot of people have weaken this bill in any way. I have a company that presumably cheated difficulties, and the class action lawyer seen very few amendments that are you in the first place? Is it fair to lose may discover what he thinks is a being offered that will make it strong- money even though you prevail in the wrong. Then he appoints himself to be er. underlying lawsuit? And there have the righter of that wrong. Then he goes I believe in America’s legal system. been instances—cases such as the infa- out and identifies a class. He does not The Senator from Florida, the Pre- mous Bank of Boston case—where talk to the individual clients, as law- siding Officer, believes in our legal sys- plaintiffs, not even knowing they are a yers do in a normal situation; he ap- tem. He believes in the right of people member of the lawsuit, have had their points himself to take on these cases. to sue in court and have redress for all bank accounts debited to pay for their The clients may not even be dissatisfied and has given a lot of his professional portion of the attorney’s fees—some- with the goods and services they bought. life to that cause. But for the most times their portion of the attorney’s They may not be unhappy at all. part, we do have outstanding judges on fees is much more than the small cou- But unless they opt out of a class whose Federal and State benches. They man- pon or monetary amount they received existence they may be unaware, they become age their dockets well and rule justly. as part of the settlement. That is sim- plaintiffs anyway. There are some problems, however, ply not right. I heard a Senator recently say he was that Congress must resolve. The class These questions of fairness represent involved in a class action, and the per- action problem is certainly one of the current status of many class action son who was being sued was a friend, them. lawsuits. In my view, there is nothing and he did not even know he was in- To the extent possible, I believe that fair about the answers we just men- volved. the courts have reached a limit on tioned. When we approved modifica- Continuing to quote: what they can do through judicial in- tions to rule 23 not too long ago, one of Class actions present almost infinite venue terpretations to resolve the issue. the primary goals was to ‘‘assure ade- shopping. There was a time when ‘‘drive-by’’ quate representation of class members Infinite venue shopping, that is what class action certifications were par for who have not participated in shaping I was saying. We have had lawsuits the course, and class actions were cer- the settlement.’’ After all, if the settle- filed in Alabama. We have seen identified without notice being given to the ment is going to bind the class mem- tical lawsuits filed in Mississippi. We defendant even. Those times, have been ber, it would seem they should not only have seen them filed in Madison Coun- eliminated for the most part by judi- be adequately represented, but they

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1094 CONGRESSIONAL RECORD — SENATE February 8, 2005 would be aware of the terms of that the person from Massachusetts might tem is working. From that observa- settlement and the compromises that not feel comfortable being tried in Ala- tion, we can realize that it can be made were involved in making the settle- bama, and the person from Alabama better. Let us step up to the plate and ment. We can achieve fairness and sev- might not feel comfortable being tried fix it. eral other logical goals such as that in Massachusetts. That is what they I thank the Chair and the Senator with this Class Action Fairness Act. put it in there for. from Utah. It is a pleasure to work That class actions are beneficial is The home State plaintiff would al- with him, Senator GRASSLEY, and Sen- not in doubt. They serve to the benefit ways want to choose a more favorable ator SPECTER, who have all worked so of America by limiting the number of forum. Perhaps he would choose his hard on this legislation. times you have to try the same issues own State, would he not? That is what The PRESIDING OFFICER. The Sen- in separate places, in differ courts with our Founding Fathers were concerned ator from Utah is recognized. different judges. about. Mr. HATCH. Mr. President, I notice They serve the interests of consist- In football, we call it ‘‘home cook- the distinguished Senator from Wis- ency and finality by avoiding incon- ing.’’ The Founders sought to prevent consin is in the Chamber, but I would sistent outcomes in separate trials ‘‘home cooking’’ of lawsuits by putting like to make a few more remarks if he where the cases revolve around iden- Federal jurisdictional rules into the does not feel too badly about it. tical claims. They are to serve the in- Constitution for these kinds of cases. I support this bill. I have been work- terests of the class members, however, Cases involving citizens of different ing on it for 6 years. It is a grand com- but that is, in fact, not the outcome of States were intended from the begin- promise. We have Democrats and Re- too many of these cases and therefore ning to be tried in Federal court where publicans. It is bipartisan. It is not per- we need to reform this system. judges are not elected but serve life- fect, but it is as good as we can do and So what we would strive to do with time appointments and are answerable it will do an awful lot of good. this legislation is to make the plain- to the U.S. Supreme Court, not to any The evidence is clear and undeniable; tiffs the real beneficiaries of such a one State court. That is the theory and the well-documented abuse of the class lawsuit. It will provide protections to it is important. action litigation device too often ends class members, such as limiting the There are counties in Alabama where up victimizing plaintiffs, the very peo- ability to award coupon settlements I personally know all the judges. I go ple that class actions are supposed to and preventing class members from to church with some of them. So if I benefit. being harmed twice, once by the de- am going to sue somebody, I am likely These abuses cheat millions of con- fendant company, and the second time to choose a place where I would have sumers who unwittingly have their by class action settlement. the man who is in my church supper legal rights adjudicated in local courts I believe we can make some great club try my case. Well, maybe they thousands of miles away. They deny progress with this legislation if we will strike him for cause, but what the due process rights of defendants keep it clean. I hope we can exercise about his brother, who could also be a who are relentlessly hauled into a restraint and that we can do just that. judge? My friend who is a judge might handful of small county courts where Some have said Federal Government say to his brother: Jeff is a good boy, the playing field is unfairly tilted in has no business with these lawsuits. As make sure you give him a fair trial. favor of the personal injury bar, the a person who does believe that States Whether we like it or not, these kinds plaintiffs’ bar. have constitutional rights and they of things are reality, and that is what If that were not enough, class action have presumptions that cause us in the Founders had in mind when they abuses are eroding public confidence in Congress to be reluctant to violate ei- wrote the Constitution. That is why our civil justice system. When abuses ther explicit constitutional require- when there is a group of plaintiffs do occur in the class action system, the ments or to violate maybe presump- being represented by a lawyer that public can ultimately pay dearly tions or indications or contemplations may not even know their names, this through spiraling prices, lost jobs, and of the Constitution, I am extremely lawyer is going to look around and try even bankrupt companies. cautious about expanding federal juris- to file the case where he thinks he can I have been listening to arguments diction in Constitutionally question- have the best chance of success. from the other side, but to give the able ways. But I do not believe this bill As a matter of fact, I do not even dis- class action problem some perspective, expands federal jurisdiction in any way pute him or her making that choice. I want to consider just the effect of that is Constitutionally questionable. I That is what lawyers are paid to do, to this litigation in one locale, Madison would like to read what the Constitu- find the best place to file the lawsuit. County, IL. There we find a case study tion says about diversity and where a That is taught in law school. They in rampant misconduct within the case of this kind should be tried. Arti- ask, well, where do you want to file a class action system, its corrupting ef- cle III, section 2 of the Constitution, lawsuit? fect on the courts, and the desperate talks about the power of Federal courts Well, I think it would be better to need for reform. and what their jurisdiction is. This is file in Federal court. This small county in the south- the power given to Federal courts by Then one is taught to study the case western part of that State provides all the U.S. Constitution at the beginning and justify filing it in Federal court. the evidence necessary to convince of our Republic. It states: ‘‘The judicial Or maybe a lawyer thinks it is better anyone that the legal system is cur- Power shall extend to all Cases, in Law for his client to file it in State court. rently being exploited by shameless and Equity, arising under this Con- Lawyers are taught they should file and self-seeking plaintiffs’ lawyers. stitution’’—disputes of the Constitu- the case where it is best for their cli- Madison County, IL is a rural county. I tion—‘‘the Laws of the United States ent. I do not blame the lawyers. They imagine it is the type of county where . . .’’—involving laws that we passed are using the law as we have now con- maybe Abraham Lincoln first got his explicitly in Congress to Controversies figured it. start as a young lawyer and an advo- to which the United States shall be a I say it is our responsibility to look cate for justice. party; to Controversies between two or at the judicial system. If we love it and In some notes perhaps taken in prep- more States; between a State and Citi- care about it, respect it, and want it to aration for a law lecture around 1850, zens of another State; between Citizens be better, we will continue to look at Lincoln set the ideal for his profession, of different States . . .’’ the legal system, and if the legal sys- a profession practiced by many in this So our Founding Fathers thought se- tem has a problem, it is our duty to ex- Chamber, including myself. riously about this and stated in the amine how to fix it. No. 1, ‘‘Discourage litigation . . . Constitution that if there is a lawsuit We have spent years now determining Point out how . . . the nominal winner filed between people from different how to fix class action problems. We is often a real loser—in fees, expenses, States, there needs to be a neutral have a bipartisan coalition in this Sen- and waste of time.’’ forum in which to try the case. If there ate that has come together and is pre- No. 2, ‘‘Never stir up litigation. A is a person from Alabama and a person pared to support this legislation. I say worse man can scarcely be found than from Massachusetts suing one another, let us do it. Let us observe how the sys- one who does this. Who can be more

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1095 nearly a fiend than he who habitually lawyers looking to make a quick buck with an office in Madison County overhauls the register of deeds in knew Madison County was the place for claims to handle more mesothelioma search of defective titles, whereon to business. cases than any firm in the country. stir up strife, and put money in his In 2004, 77 class action suits were Who benefits from all of this litiga- pocket? A moral tone ought to be in- filed. In 2003, there were another 106. tion? One Madison County judge ap- fused into the profession which should Between 1998 and 2003, the number of proved a $350 million settlement drive such men out of it.’’ class actions in the county rose from 2 against AT&T and Lucent for allegedly And No. 3, ‘‘An exorbitant fee should to 106 per year. In the last 4 years, the billing customers who leased tele- never be claimed.’’ lawyers who flocked to Madison Coun- phones at an unfair rate. What did the These words were uttered during a ty succeeded in having the following lawyers get? Forty-four lawyers from time when being a lawyer automati- cases certified. four firms will split $80 million for cally carried with it a title of honor, All Sprint customers in the entire legal fees and $4 million for expenses. integrity, and trust. Nation who have ever been discon- And the customers? They actually lost Unfortunately, Lincoln’s words no nected on a cell phone call. That is a money. After their legal fees, the aver- longer carry much meaning for some of class action in Madison County. age class member got hit for $6.49. the lawyers who have descended on Every Roto-Rooter customer in the Think about that. Madison County. In the land of Lin- country whose drains might have been coln, the rule of law has too often been repaired by a nonlicensed plumber. Lincoln’s principles are a distant corrupted almost beyond recognition All consumers who purchased limited memory in Madison County. The Wash- by self-interested plaintiffs’ lawyers edition Barbie dolls that were later al- ington Post succinctly described the and seemingly pliant public officials. legedly offered for a lower price else- situation. ‘‘Having invented a client, Some unscrupulous personal injury at- where. the lawyers also get to choose a court. torneys go forum shopping to find These are just three examples of the Under the current absurd rules, na- friendly jurisdictions. Certainly Madi- abuses that are going on. tional class actions can be filed in just son County, IL is one of them. I know my friend from Illinois, the about any court in the country.’’ Then some judges in those jurisdic- minority whip, Senator DURBIN, is un- And those lawyers often pick Madi- tions, some of whom are compromised derstandably protective about the son County. They are picking it be- by campaign contributions from the state of affairs in Madison County. He cause it is what some call a magic ju- very same law firms arguing in their points out that while many class ac- risdiction. courtrooms, sometimes certify these tions are filed in Madison County, few Let me refer to this chart, called cases with the proverbial rubber stamp, are certified. It does not take a lot of ‘‘Magic Jurisdictions.’’ This is Dickie even though they are not worthy of cases like the ones I talked about to Scruggs, one of the best plaintiffs’ law- being certified. create an environment that encourages yers in the country, a man I have great Finally, sympathetic local juries try- cases that are marginal at best. respect for. But in a luncheon talk on ing out-of-State corporations have Through their increased filings, class the asbestos situation at a panel dis- sometimes bestowed unjustified and action attorneys tell us a great deal of cussion at the Prudential Securities sometimes outrageous awards. This what we need to know about Madison Financial Research and Regulatory pattern of behavior is not only an af- County. That many of these cases are Conference on May 9, 2002, he had this front to the due process rights of de- settled upon filing or even before they to say. This is Dickie Scruggs. You can fendants, but it breeds disrespect for are filed tells us a lot. A demand letter believe him. This man understands the the rule of law itself. from a class action attorney with a litigation field. He is a billionaire from I have heard colleagues on the other Madison County address is a dreaded practicing law. He said: side of the aisle say, ‘Well, these are piece of correspondence for any com- What I call the ‘‘Magic Jurisdictions’’ is big corporations.’ First, they aren’t all pany or any defendant. If these types of where the judiciary is elected with verdict big corporations, and second, even if cases were not such a drain on our money. The trial lawyers have established they were, they still deserve fair treat- economy, it would almost be easy to relationships with the judges that are elect- ment, due process, and an impartial laugh at some of these cases. ed. They are State court judges. They are justice system. We question the efficiency and fair- populists. They have large populations of And make no mistake about it. These ness of a small county courthouse in Il- voters who are in on the deal. They are get- suits are not free. We all pay for them. linois adjudicating cases against nating their piece, in many cases. And so it’s a The American consumer pays for the tional companies involving various political force in their jurisdiction and it’s almost impossible to get a fair trial if you costs of these class actions. State and Federal regulations and in- are a defendant in some of these places. The The courthouse in Madison County, volving millions, if not billions, of dol- plaintiff lawyer walks in there and writes IL is what scholars now describe as a lars in settlements where neither the the number on the blackboard, and the first magnet court. Always on the lookout majority of plaintiffs nor the defend- juror meets the last one coming out the door to find suitable venues for enriching ants are typically residents of the with that amount of money. The cases are themselves, entrepreneurial plaintiffs’ county. These locally elected judges, not won in the courtroom. They’re won on attorneys—many of whom practice in with the close assistance of interested the back roads long before the case goes to the field of personal injury—are sucked plaintiffs’ attorneys, in effect set pol- trial. Any lawyer fresh out of law school can walk in there and win the case, so it doesn’t into its orbit. The numbers alone tell icy for the entire Nation, defying the matter what the evidence or the law is. the story. Over the last 5 years the principles of self-government on which number of class actions filed in the our Federal system is based. That is one of the leading plaintiffs’ county has increased by 5,000 percent. This situation is a colossal mess, and lawyers in the country. He was honest Let me repeat that so that astronom- a few plaintiffs’ lawyers are exploiting enough to call it the way it is in Madi- ical figure can sink in. A 5,000-percent it to the hilt, and giving all of us who son County. Madison County is not the increase. It almost defies logic that so love the practice of law a bad name. only jackpot jurisdiction, but I am con- many national class actions are being The same five firms appeared as centrating on it since the distinguished brought in this small rural county. counsel in 45 of all cases filed between Senator from Illinois has focused his In 1998, there were only two class ac- 1999 and 2000. Of the 66 firms appearing remarks on our criticism of this juris- tions filed in this county. In 2000, that in these cases, 56 of them—85 percent— diction. number rose to 39. In 2001, there were 43 had office addresses outside of Madison Dickie Scruggs is a fine lawyer. I new class actions. One year later, the County. have said that. I worked with him on bridges leading to the riches of Madi- In this small county, with a popu- the tobacco settlement. He and Mis- son County were clogged with carpet- lation of only 259,000, there are some- sissippi Attorney General Mike Moore bagging lawyers as word hit the street how more mesothelioma claims from did a good job for their clients and the that the local court there was giving asbestos exposure than in all of New American public. I am very familiar away money as though it was Christ- York City with its population of better with what they did. I am familiar with mas morning. Enterprising plaintiffs’ than 8 million. One nine-member firm the Castano Group as well, which

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1096 CONGRESSIONAL RECORD — SENATE February 8, 2005 risked millions of dollars to bring the Due process itself is corrupted by justice system. Americans have a sa- tobacco suits. They had an entire this circus. What is going on in Madi- cred right to take their case to court multifloor building filled with docu- son County too closely resembles legal- when they are harmed by a person or ments they accumulated at the cost of ized extortion in the eyes of many ob- product. Yet this right is seriously un- millions of dollars to make their case servers. The deck is stacked against dermined by a seriously compromised in the tobacco suits. these companies hauled to Illinois to class action regime. To help rescue it, Dickie Scruggs is a fine lawyer. So is answer these charges. The cases are we need to enact this reform. Today’s Mike Moore. So are the Castano Group sometimes heard on an expedited basis. lawyers do not take cases that come to lawyers. Under these pressures they are typi- them. They invent cases. They behave Having said that, there is a reason cally given an offer they cannot refuse. more like entrepreneurs than counsel, the Super Bowl is held at a neutral Once the class is certified, they feel trying to find an issue and income site. It is clear that Madison County is compelled to settle, regardless of the stream before they find a plaintiff. not a neutral site. When it comes to merits of the case. The risk of loss is They act like businessmen—the CEOs class action defendants trying a class simply too high. They do not even have of Trial Lawyers, Incorporated. action case in Madison County, it is to wait until the class is certified. The problem is that their business like shooting fish in a barrel. They know that in most cases the class plan makes hash out of our system of Dickie Scruggs is simply too good of will be certified by the judges of Madi- impartial justice. It simply defies be- a lawyer to need any unfair advantage son County. A simple demand causes lief that county courts are the proper and that goes for the vast majority of many companies to say, ‘let’s buy out venue for multijurisdictional litiga- plaintiffs’ attorneys in our country. of this for the lowest price we can, even tion. Some of the plaintiffs’ bar have But there are a minority of lawyers though we do not owe them a dime. We put a ‘‘pay the lawyer first’’ business who are causing the vast majority of will just settle for the attorney’s fees.’ model in motion in Madison County. our problems. First, find sympathetic judges. Then What makes for a magical jurisdic- These settlements are to the detriment bankroll their campaigns. And to seal tion? In a magic jurisdiction, the sup- of legitimate claims. The class never has to be certified. the deal, move the case through the posedly objective judges and jury, all No self-respecting lawyer will want to system so fast that the defendants do stand to gain from a settlement. Madi- try a case in a county where the deck not always get a fair opportunity to son County, as the Chicago Tribune is totally stacked against his client. fully investigate the claim. Justice notes, is a jackpot jurisdiction where local newspapers ‘‘sport advertise- And so they settle. does demand fairness, but our system Let us be clear, these are not truly ments looking for the local plaintiff of decentralized class action litigation local disputes. that can provide a convenient excuse is fundamentally unfair to defendants, S. 5 does nothing to remove local dis- plaintiffs, and the average American to file.’’ putes from local courts. The suits we Some have concluded that this choice who ends up footing the bill for the un- are talking about in Madison County of venue might have something to do justified billion-dollar settlements. and other jackpot jurisdictions are on with the fact that in recent years the If this were a board game, it would be elected judges of the circuit court of behalf of nationwide classes of clients ‘‘Class Action Monopoly.’’ Start at Madison County have received at least against corporations that do business ‘Go’, and come up with an idea for a three-quarters of their campaign fund- in every State. Madison County is not lawsuit. Find a named plaintiff to pay ing from the lawyers who appear before chosen as the venue because of its off. Make allegations, no proof needed. them in these class action suits. In a quaint scenery. It is chosen because de- Get out of rule 23, the Federal rule 23, simpler time, the State court would fendants in these class actions often do free. Convince your magnet State court only certify a class if there was a sub- not get a fair shake in Madison Coun- judge to certify the ‘‘class.’’ File copy- stantial local connection. Some of the ty. cat lawsuits in State courts all over judges in Madison County have created This is not a triumph of federalism the country. Sue as many companies in an environment where a lifelong resi- and local decisionmaking. It is the as many States possible even if they dent of Washington State, who worked evisceration of federalism and fairness. have no connection to the State. in Washington, was allegedly exposed A bedrock principle of our federal sys- Who gets the money? In the Colum- to asbestos in Washington, never re- tem is that states are largely free to bia House case, $5 million for lawyers, ceived medical treatment in Illinois, regulate their own particular affairs. discount coupons for plaintiffs. In the and had no witnesses in Illinois to tes- To allow one State, in effect, to legis- Blockbuster case, $9.25 million for law- tify in his behalf, actually thought it late for another is to violate an impor- yers, free movie coupons for plaintiffs. was worth a shot to bring suit in a tant principle of self-government that In the Bank of Boston case, $8.5 million strange town halfway across the coun- this country is built upon. Madison for lawyers; some claimants even had try. What was his connection to Madi- County has been flooded with class ac- to pay themselves. son County? He vacationed in Illinois tion claims and now the Nation is But ‘‘What happens to me?’’ Your for 10 days with his family nearly 50 drowning in them. This is a classic case employer takes a hit, maybe lays you years ago. for Federal intervention. In fact, this is off. Your health and car insurance pre- In this case, the court did the right a case study for the type of interven- miums go up. And we are all familiar thing and refused to certify this man’s tion in Federal affairs the Constitution with that. The lawyers win, you lose. claim. But that a lawyer would even was meant to allow. This game gets pretty old, pretty consider bringing it shows how far gone What happens in Madison County af- quick. But this is this jackpot monop- Madison County is. So far, the Illinois fects the whole country. The over- oly system we have in Madison County, Supreme Court has taken the extraor- whelming majority of class actions and a whole bunch of jackpot jurisdic- dinary step of rebuking it. As legal eth- filed in Madison County are nationwide tions in this country. ics professor Susan Koniak of Boston lawsuits in which 99 percent of the Now, the Class Action Fairness Act is University School of Law explains: class members live outside the county. an important but modest reform. It Madison County judges are infamous for As a result, decisions reached in Madi- does not deprive substantive legal approving anything put before them, how- son County courts affect consumers all rights to any American. All it does is ever unfair to the class or suggestive of col- over the country and the county’s make it easier to put these national lusion that is. elected judges effectively set national cases where they belong, and that is in This is not justice. This is a travesty. policies on important commercial our Federal courts. The St. Louis Post-Dispatch, one of issues. According to one study, 98 of the 113 this Nation’s great newspapers, has fol- There is a place for personal injury class actions filed in Madison County lowed this epidemic of litigation close- law in the American justice system. I from 1998 to early 2002 could have been ly. They describe the run on the Madi- understand that. I am an attorney. I moved to Federal court under this leg- son County courthouse as resembling have tried many cases. I know that islation. Justice demands that we act. ‘‘gleeful shoppers mobbing a going out there is a legitimate and honest place We cannot play around with this any of business sale.’’ for personal injury suits in our civil more. Those who are injured will get

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1097 their day in court, but it will be Fed- of class actions to federal court] is war- even if the case is filed on behalf of eral court, with sophisticated judges ranted. . . . Our position is not new and it is other plaintiffs. Thus, the filing of a who are appointed for life, who have no consistent with the position of our counter- class action in one State court may reason to be unfair. By voting for S. 5, parts in the federal judicial system. lead to the successful removal of a we will help make sure they get it in a Class actions are an extremely im- similar case filed in another State on court where justice can be dispensed. portant tool in our system of justice. behalf of plaintiffs in that State. If a I yield the floor to the distinguished They allow plaintiffs with very small defendant is engaging in conduct in Senator from Wisconsin. claims to band together to seek re- number of different States that vio- The PRESIDING OFFICER. The Sen- dress. Lawsuits are expensive. Without lates the separate laws of those States, ator from Wisconsin is recognized. the opportunity to pursue a class ac- why shouldn’t that defendant be held Mr. FEINGOLD. Mr. President, I tion, an individual plaintiff often sim- accountable in different State courts thank the Senator from Utah. ply cannot afford his or her day in under different state laws? Do we real- Mr. President, I oppose the Class Ac- court. But through a class action, jus- ly need the Federal courts to get in- tion Fairness Act, S. 5. Notwith- tice can be done and compensation for volved in these State law cases? standing its title, I do not think this real injuries can be obtained. The bottom line is that this bill still bill is fair. I do not think it is fair to Yes, I do agree, there are abuses in sends the majority of class actions to citizens who are injured by corporate some class action suits. Some of the Federal court. The proponents of this wrongdoers and are entitled to prompt most disturbing have to do with class bill have chosen a remedy that goes far and fair resolution of their claims in a action settlements that offer only dis- beyond the alleged problem. court of law. I do not think it is fair to count coupons to the members of the Furthermore, under S. 5, many cases our State courts, which are treated by class and a big payoff to the plaintiffs’ that are not class actions at all are in- this bill as if they cannot be trusted to lawyers. I am pleased that the issue of cluded in the definition of ‘‘mass ac- issue fair judgments in cases brought discount coupons is addressed in the tion,’’ a new term coined by this bill. before them. And I do not think it is bill, because the bill we considered in S. 5 simply requires that the plaintiffs fair to State legislatures, which are en- October 2003 did nothing about that be seeking damages of more than titled to have the laws that they pass problem. The bill now requires that $75,000 for the case to be considered a to protect their citizens interpreted contingency fees in coupon settlements mass action and, therefore, removable and applied by their own courts. This will be based on coupons redeemed, not to Federal court. This provision un- bill is not only misnamed, it is bad pol- coupons issued. Attorney’s fees will fairly limits State court authority to icy, and I do think it should be de- also be determined by reasonable time manage its docket and to consolidate feated. spent on a case and will be subject to claims in order to more efficiently dis- Make no mistake, by loosening the court approval. The bill also allows a pense justice. requirements for Federal diversity ju- court to require that a portion of un- A particularly troubling result of risdiction over class actions, S. 5 will claimed coupons be given to one or this bill will be an increase in the result in nearly all class actions being more charitable organizations agreed workload of the Federal courts. We all removed to Federal court. This is a to by the parties. I do agree, these are know these courts are already over- radical change in our Federal system of all good changes, but they do not loaded. In the 2004 Year End Report on justice. We have 50 States in this coun- change my view that the bill, as a the Federal Judiciary, for example, try, each with its own laws and courts. whole, unfairly interferes with the Chief Justice Rehnquist reported that State courts are an integral part of our States’ administration of justice. the current budget crisis in the Federal system of justice. They have worked I appreciate that the supporters of S. judiciary has forced courts to impose well for our entire history. It is hard to 5 modified the new diversity jurisdic- hiring freezes, furloughs, and reduc- imagine why this Senate, which in- tion rules for class actions in an effort tions in force. He noted that there is a cludes many professed defenders of fed- to allow plaintiffs in State class ac- dire need for additional federal judge- eralism and the prerogatives of State tions more opportunities to remain in ships to deal with the Federal courts’ courts and State lawmakers, would State court. Under the new bill, a dis- ever-increasing caseload. The Congress support such a wholesale stripping of trict court must decline jurisdiction if has led the way in bringing more and jurisdiction from the States over class two-thirds of the plaintiffs and the pri- more litigation to the Federal courts, actions. By removing these actions mary defendants are from the State particularly criminal cases. Criminal from State court, Congress would shift where the action was filed, and there is cases, of course, take precedence in the adjudication away from State law- at least one defendant who is a citizen Federal courts because of the Speedy makers and State judges towards Fed- of that State from whom significant re- Trial Act. So if you look at this bill in eral judges, who are often not as famil- lief is sought and whose alleged con- the context, the net result of removing iar with the nuances of State law. In duct forms a significant basis for the virtually all class actions, civil cases, my opinion, the need for such a radical claims asserted by the proposed class. of course, to Federal court will be to step has not been demonstrated. In addition, the principal injuries re- delay those cases. Actually, the leaders of the Federal sulting from the alleged conduct of There is an old saying with which ev- and State judiciary agree. I don’t know each defendant must have occurred in eryone is familiar: ‘‘justice delayed is if it has taken a position on this par- the State in which the action was justice denied.’’ I hope my colleagues ticular bill, but the Judicial Con- originally filed. will think about that aphorism before ference of the United States has op- These criteria are an improvement voting for this bill. Let’s think about posed legislation like S. 5 that would on the underlying bill. But the jurisdic- the real world of Federal court litiga- remove most class actions from State tional requirements for class actions to tion and the very real possibility that to Federal court. Federal judges don’t remain in State courts are still too long procedural delays in overloaded particularly like diversity jurisdiction burdensome. Under the new language, Federal courts will mean that legiti- cases. They certainly are not in favor for example, a class action brought by mate claims may never be heard. My of legislation that would bring many Wisconsin citizens against a Delaware- colleagues who support this bill tend to more large, complicated civil cases based company for selling a bad insur- dismiss these arguments. They say brought under State law to their ance policy would probably be removed that the Federal courts will offer ade- courts. And the Board of Directors of to Federal court even if Wisconsin- quate redress for legitimate claims, the Conference of State Chief Court based agents were involved in selling that they will faithfully apply State Justices expresses quite well the con- the policies. laws. I certainly hope they are right cerns of State judges about this bill. In addition, the new bill provides because this bill seems to be headed for Its letter states: that district courts can only decline ju- enactment. But if they are wrong, citi- Absent hard evidence of the inability of risdiction if during the 3-year period zens and consumers will be the ones the state judicial systems to hear and fairly preceding the filing of the action no who suffer. decide class actions brought in state courts, other similar class action has been One little-noticed aspect of this bill we do not believe such a procedure [transfer filed against any of the defendants illustrates the possibilities for delay

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1098 CONGRESSIONAL RECORD — SENATE February 8, 2005 that the bill provides, even to defend- Diversity jurisdiction in cases be- are significantly below the standard 33 ants who are not entitled to have a tween citizens of different States has percent contingency fee charged in per- case removed to Federal court under been with us for our entire history as a sonal injury cases. The average class the bill’s relaxed diversity jurisdiction nation. Article III, section 2 of the Con- action attorney’s fee is actually 21.9 standards. stitution provides: ‘‘The judicial Power percent. In addition, the attorneys’ Under current law, if a Federal court shall extend . . . to Controversies be- fees awarded in class action settle- decides that a removed case should be tween Citizens of different States.’’ ments in Federal court are actually remanded, or returned, to State court, This is the constitutional basis for giv- higher than in State court settlements. that decision is generally not appealing the Federal courts diversity juris- Attorney fees as a percent of class re- able. It would be different under this diction over cases that involved only covery were found to be between 1 and bill, if it becomes law. This bill allows questions of State law. 6 percentage points higher in Federal defendants to immediately appeal a de- The very first Judiciary Act, passed court class actions than in State court cision by a Federal district court that in 1789, gave the Federal courts juris- class actions. a case does not qualify for removal to diction over civil suits between citi- A final finding of the study is that Federal court and should be remanded zens of different States where over $500 there has been no appreciable increase to State court. was at issue. In 1806, in the case of in either the amount of settlements or Fortunately, the revised bill now re- Strawbridge v. Curtiss, the Supreme the amount of attorneys’ fees awarded quires such appeals to be decided Court held that this act required com- in class actions over the past 10 years. promptly. It does not, however, do any- plete diversity between the parties. In The study, therefore, indicates that thing about the fact that the lower all other instances, the Court said, a there is no crisis here, no explosion of court may take months or even years case based on State law should be huge judgments, no huge fleecing of to make a decision on the motion to re- heard by the State courts. So this bill consumers by their lawyers. This bill is mand. That means that a plaintiff class before us changes a nearly 200-year-old a solution in search of a problem. It is that is entitled, even under this bill, to practice in this country of preserving a great piece of legislation for wrong- have a case heard by a State court may the Federal courts for cases involving doers who would like to put off their still have to endure years of delay Federal law or where no defendant is day of reckoning by moving cases to while its remand motion is pending in from the State of any plaintiff in a courts that are less convenient, slower, the Federal district court. Where is the case involving only State law. and more expensive for those who have ‘‘fairness’’ in that? I plan to offer an Why is such a drastic step necessary? been wronged. It is a bad bill for con- amendment to address that problem, Why do we need to prevent State sumers, for State legislatures, and for and I certainly hope the bill’s sponsors courts from interpreting and applying State courts. and supporters will give it serious con- their own State laws in cases of any This bill seems not to be about class sideration. size or significance? One frequent argu- action abuses, but about getting cases When I offered this amendment in ment is that businesses cannot get a into Federal court where it takes the Judiciary Committee, I learned fair day in court because of renegade longer and is more expensive for plain- that a number of the supporters of the State court judges. Yet, there really is tiffs to get a judgment. The cumulative bill recognize the importance of the no evidence to back up these claims. Of effect of this bill is to severely limit issue that my amendment raises. The the 3,141 counties, parishes, and bor- State court authority and ultimately chairman of the Judiciary Committee oughs in the State court systems of the limit victims’ access to prompt justice. indicated that he would take a serious United States, the so-called American Despite improvements made since the look at it and see if there is an accom- Tort Reform Association could only last time the Senate considered this modation that can be reached. So I did identify nine jurisdictions that they bill, the bill will still place significant not seek a vote in committee on the consider ‘‘unfair’’ to defendants. Four barriers for consumers who want to amendment. I stand ready to negotiate other jurisdictions were declared as have their cases heard in State court. on this issue and I hope there will be a ‘‘dishonorable mentions.’’ But, the as- Remand orders are still appealable, and serious effort here to reach agreement. sociation only provided data on two of the mass tort definition does not pro- We have heard a lot of talk on this these jurisdictions—Madison County, tect State courts’ authority to consoli- floor about the need to pass this bill IL, which the Senator from Utah was date cases and manage their dockets without amendment—without any talking about, and St. Clair County, more efficiently. All the elements out- amendment at all—to protect some IL. The Senator from Utah cited statis- lined in the bill before us will result in kind of ‘‘delicate balance’’ with the tics of increases in class action filings the erosion of State court authority House and with the corporate sup- up through 2003. Yet in Madison Coun- and the delay of justice for our citi- porters of the bill like the Chamber of ty, the villain in the story told by the zens. Therefore, I cannot support this Commerce. I ask my colleagues who Senator from Utah, the number of class unfair ‘‘Class Action Fairness Act’’ support this bill, why would you not action filings has decreased by 30 per- bill. support a reasonable amendment that cent between 2003 and 2004. So defend- I yield the floor. will make this bill fairer to plaintiffs ants have decided that State judges are The PRESIDING OFFICER. The Sen- who bring cases that under the bill’s unfair in two jurisdictions out of 3,000, ator from Wisconsin. own terms should remain in State but how does this constitute a crisis? Mr. KOHL. Mr. President, I rise court? Please don’t let this so-called The answer is simple there isn’t one. today in support of the Class Action delicate balance override your duty as Another argument we hear is that Fairness Act of 2005. This legislation legislators to do what is right. the trial lawyers are extracting huge addresses the continuing problems in It is important to remember that and unjustified settlements in State class action litigation, particularly un- this debate is not about resolving ques- courts, which has become a drag on the fair and abusive settlements that tions of Federal law in the Federal economy. We also hear that plaintiffs’ shortchange consumers across Amer- courts. Federal question of jurisdiction lawyers are taking the lion’s share of ica. already exists for that. Any case in- judgments or settlements to the det- The time for this bill has come. We volving a Federal statute can be re- riment of consumers. But a recent em- have worked very closely on a bipar- moved to Federal court under current pirical study contradicts these argu- tisan basis with Senator GRASSLEY, law. This bill takes cases that are ments. Theodore Eisenberg of Cornell Senator CARPER, and Senator HATCH brought in State court solely under Law School and Geoffrey Miller of NYU for several Congresses and, more re- State laws passed by State legislatures Law School recently published the first cently with Senators FEINSTEIN, DODD, and throws them into Federal court. empirical study of class action settle- SCHUMER, and LANDRIEU. Without this This bill is about making it more time- ments. Their conclusions, which are close cooperation and tremendous ef- consuming and more costly for citizens based on data from 1993–2002, may sur- fort, we would not be on the verge of of a State to get the redress that their prise some of the supporters of this passing class action reform. Finally, elected representatives have decided bill. Senators FRIST and REID deserve praise they are entitled to if the laws of their First, the study found that attor- for crafting a fair process for the con- State are violated. neys’ fees in class action settlements sideration of this legislation.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1099 Class action cases are an important product to redeem the coupons. In es- of their rights and unarmed on the part of our justice system because they sence, the plaintiffs received nothing, legal battlefield. What our bill does is enable people who have been harmed in while their attorneys took almost $6 give back to regular people their rights similar ways to pursue claims collec- million in legal fees. We could list and representation. This measure may tively that would otherwise be too ex- many more examples of abuses in State not stop all abuses, but it moves us for- pensive to bring individually. When court, but let me discuss just one more ward. It will help ensure that these cases proceed as intended, in- case that is almost too strange to be- unsuspecting people like Martha Pres- jured parties are able to successfully lieve. ton don’t get ripped off. pursue lawsuits in cases involving de- I am speaking about the notorious Mr. President, we believe this is a fective products or employment dis- Bank of Boston class action suit and moderate approach to correct the crimination, or other wrongs, and re- the outrageous case of Martha Preston worst abuses, while preserving the ben- cover fair damages. from Baraboo, WI. She was an unnamed efits of class actions. The bill rep- Unfortunately, the system does not class member of a lawsuit in Alabama resents a finely crafted compromise. always work as it should. In fact, con- State court against her mortgage com- We believe it will make a difference. sumers are frequently getting the short pany that ended in a settlement. The We urge its passage. end of the stick in class action cases, settlement was a bad joke. She re- I suggest the absence of a quorum. recovering only coupons or pocket ceived $4 and change in the lawsuit, The PRESIDING OFFICER (Mr. change while their lawyers reap mil- while her attorneys pocketed $8 mil- BURR). The clerk will call the roll. lions. Too often, the class action sys- lion. The assistant legislative clerk pro- tem is being taken advantage of to the Yet the huge sums that her attorneys ceeded to call the roll. Mr. DURBIN. Mr. President, I ask detriment of consumers and others who received were not the worst of the unanimous consent that the order for have been harmed. The Washington story. Soon after receiving her $4, Ms. the quorum call be rescinded. Post put it clearly: Preston discovered that her lawyers The PRESIDING OFFICER. Without No portion of the American civil justice took $80, twenty times her recovery, objection, it is so ordered. system is more of a mess than the world of from her escrow account to help pay Mr. DURBIN. Mr. President, I was on class actions. their fees. Naturally shocked, she and the floor of the Senate earlier pre- Our bill addresses the problem in a the other plaintiffs sued the lawyers paring to offer an amendment, and I few straightforward ways. First, the who quickly turned around and sued lost my voice. There was cheering in bill helps consumers by guaranteeing her in Alabama, a State she had never the galleries, but I have decided to sol- that they receive a better under- visited, for $25 million. Not only was dier on and try to present this amend- standing of their rights and respon- she $75 poorer for her class action expe- ment again. I will try to abbreviate sibilities in a class action lawsuit. Our rience, but she also had to defend her- any remarks to spare the audience bill includes a class action consumer self against a $25 million suit by the from what may be a painful process for bill of rights to limit coupon cases and very people who took advantage of her them. other unfair settlements. in the first place. We are considering the Class Action Second, this bill provides that state The class action process is clearly in Fairness Act of 2005. I have listened to attorneys general are notified of pro- serious need of reform. Comprehensive some of the speeches on the Senate posed class action settlements. This studies support this position. For ex- floor. Senator LOTT of Mississippi said: encourages a neutral third party to ample, a study on the class action Do not be confused. This is not tort re- weigh in on whether a settlement is problem by the Manhattan Institute form, this is court reform. I thought fair for the plaintiffs and to alert the finds that class action cases are being that was an interesting comment be- court if they do not believe that it is. brought disproportionately in a few cause there has been some concern over Finally, we allow some class action State courts so that the plaintiffs’ law- whether this class action change would lawsuits to be removed to Federal yers may take advantage of those spe- affect a body of lawsuits known as court. As we all know, some are con- cific courts that have relaxed class ac- mass torts—in other words, the types cerned about this provision. Yet, mov- tion rules. of class actions that relate to physical ing some class action cases to Federal A RAND study offered three primary injuries that are common to mass tort court is only common sense. When a explanations for why national class ac- cases. problem affects people in many States tion cases should be in Federal court. Section 4(a) of S. 5 talks about ‘‘mass or involves a national problem, it is ‘‘First, Federal judges scrutinize class actions,’’ a different term altogether. only fitting that the case be heard in action allegations more strictly than It requires mass actions be treated the Federal court. State judges . . . Second, State judges same as class actions under the bill. We took special care during the may not have adequate resources to The big question is whether that kind course of our negotiations to ensure oversee and manage class actions with of lawsuit will be taken out of a State that the appropriate courts heard the a national scope. Finally, if a single court and put into a Federal court. As right cases. This bill has never been an judge is to be charged with deciding I mentioned in my earlier remarks, effort to either stop class action cases what law will apply in a multistate Federal courts are not friendly to class or send them all to the Federal courts. class action, it is more appropriate actions. They are very strict in those Rather, those cases that primarily in- that this take place in Federal court that they would consider, and then volve people from only one State will than in State court. they are very limited in their scope of remain in that State’s court. These Our bill attempts to follow these rec- liabilities. The business interests that changes will ensure that class action ommendations and ensure that cases are pushing for this change in the law cases are handled efficiently and in the with a national scope are heard in Fed- know that if they can get these law- appropriate venues and that no case eral court. All the while, cases that are suits into a Federal court, they are less that has merit will be turned away. primarily of a single state interest re- likely to be found liable. That is what Stories of nightmare class action set- main in State court under our bill. Let this whole debate is all about. tlements that affect consumers around me emphasize the limited scope of this I have tried to take a close look at the country are all too frequent. For legislation. We do not close the court- the mass actions section of this class example, a suit against Blockbuster house door to any class action. We do action bill and ask how it would apply video in Texas yielded dollar off cou- not deny reasonable fees for class law- to a mass tort situation. Mass torts are pons for future video rentals for the yers. We do not cause undue delays for large-scale personal injury cases re- plaintiffs while their attorneys col- these cases. And we do not mandate sulting from accidents, environmental lected $9.25 million. In California State that every class action be brought in disasters, or dangerous drugs that are court, a class of 40 million consumers Federal court. Instead, we simply pro- widely sold. The asbestos exposure sit- received $13 rebates on their next pur- mote closer and fairer scrutiny of class uation we will be considering this year chase of a computer or monitor—in actions and class settlements. is another example of a mass tort. other words they had to purchase hun- Right now, people across the country These personal injury claims are usu- dreds of dollars more of the defendants’ can be dragged into lawsuits unaware ally based on State laws, and almost

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1100 CONGRESSIONAL RECORD — SENATE February 8, 2005 every State has established rules of ket, it is understandable that some already been filed against Merck. Oth- procedure allowing their State courts who were injured are going to seek just ers are in the works. to customize the needs of their liti- compensation. But if the victims of Vioxx file suit gants in these complex cases. I am Let us look at a few cases. Let us in New Jersey, because that is where afraid if S. 5 becomes law, the so-called take the case of Janet Huggins, which Merck is headquartered, their cases are mass action provision will preempt all is just one of hundreds of similar cases automatically sent to the State’s spe- of these State procedures and take working their way through the court cial mass torts court. them out of State courts. system today. New Jersey is one of those States The supporters of the bill claim that Mrs. Huggins of Tennessee was a 39- where the legislature established spe- mass actions are not the same as mass year-old woman who died of a sudden cialized courts to handle certain types torts and that they have no desire to heart attack after taking Vioxx. She of cases. The courts in New Jersey have affect mass tort cases. I know that is was the mother of a 9-year-old son. the authority to combine cases. They their position, but it is not what their When she was diagnosed with the early can consolidate cases. That seems rea- bill says. If the goal is to federalize all onset of rheumatoid arthritis, Vioxx sonable, when you consider all of the State personal injury cases, supporters was prescribed. She had no former car- people who will be suing Merck in New should be open about it and say it pub- diac problems or family history. Ac- Jersey, where they are headquartered, licly. cording to her medical records, Mrs. from all over the United States with I am sure the U.S. Chamber of Com- Huggins was in, otherwise, excellent similar situations as the ones I just de- merce, the American Tort Reform As- health. scribed. sociation, all the business and insur- But on September 25, 2004, she died of What is so outrageous about having a ance groups that support this bill a sudden heart attack—less than a lot of State-based personal injury would like to see all cases sent to Fed- month after she started taking Vioxx. claims filed separately which are then eral court. I knew from my years in She was buried on the very day in Sep- consolidated as the New Jersey courts practice in downstate Illinois, that tember that Merck took Vioxx off the can do by their own motion? Federal courts were more conservative market. But under the mass action language On October 28, 2004, her husband than State courts. of S. 5, their case and all other similar Monty filed a claim against Merck in But even these groups do not believe Vioxx cases will be taken out of the the Superior Court of New Jersey, At- they can be that lucky with this bill. New Jersey special court and removed lantic City Division. Why New Jersey? Instead, they came to us and said: No, to a Federal court to be treated like a This couple is from Tennessee. Because our bill is very narrow, it only deals class action. that is the State where Merck is with class actions and not all cases. Why? If you take a look at the lan- headquartered. guage in S. 5, the fact pattern fits nice- When I take a look at section 4, In an interview on ‘‘60 Minutes,’’ Mr. ly under the definition of a ‘‘mass ac- though, I am concerned about it. It Huggins said: ‘‘I believe my wife would tion’’ to remove the case to Federal sounds an awful lot like mass torts. be here’’ if Merck had decided to take court, while at the same time none of Here is how they describe it. Section Vioxx off the market just 1 month ear- the exemptions apply to keep Vioxx 4(A) defines it: lier. . . . any civil action . . . in which monetary Then there was Richard ‘‘Dickie’’ cases in State court. relief claims of 100 or more persons are pro- Irvin of Florida, who was a 53-year-old So understand, for those who are ar- posed to be tried jointly on the ground that former football coach, and president of guing that this law we are considering the plaintiffs’ claims involve common ques- is simply a case of changing jurisdictions of law or fact . . . the athletic booster association. He had received his college football tions in courts and stopping righteous I am sure for anyone who has been scholarship and was inducted into the lawyers from filing class action law- patient enough to follow this debate school’s football hall of fame. He went suits, that it is much more. this is a little confusing, so let me try on to play in the Canadian League For Merck, this law is the answer to by an example to give an idea of what Football until suffering a career-end- a prayer. They will take their case out is at stake in changing this law. ing injury. of the State court into a Federal court Everybody in America knows that in In addition to coaching, he worked at as a class action, which is less likely to late September 2004, Merck & Co., a a family-owned seafood shop where he certify the class even though the series pharmaceutical giant, pulled its block- was constantly moving crates of sea- of mass tort cases were not even filed buster pain medication Vioxx off the food. He rarely went to see a doctor as a class action. market. The largest prescription drug and had no major medical problems. That is why I am offering this recall in history occurred as a result of In April 2001, Mr. Irvin was pre- amendment. My amendment would a new study that showed that Vioxx scribed Vioxx for his football knee in- make two small, narrow, and common doubled the risk of heart attack and jury from years ago. Approximately 23 sense changes. stroke in some patients. With annual days after he began taking Vioxx, Mr. First, it would allow State courts to sales of $2.5 billion, Vioxx was one of Irvin died from a sudden, unexpected continue to consolidate these indi- the most successful new drugs ever. It heart attack. An autopsy revealed that vidual personal injury cases on their was one of a new class of drugs called his heart attack was caused by a sud- own motion without losing jurisdiction COX–2 inhibitors. den blood clot. This is the exact type of to a federal court under S. 5. Some 20 million Americans took injury that has been associated with Second, it would also allow courts Vioxx in the 51⁄2 years it was sold, but Vioxx use. that consolidate cases not just for pre- we don’t know how many thousands Mr. Irvin and his wife of 31 years had trial but all the way through trial or had heart attacks and strokes that four children and three grandchildren. settlement to retain their jurisdiction could have been attributed to this John Newton of Texas, father of two, and not lose it to a Federal court. drug. took Vioxx for osteoarthritis. On April My amendment provides parity in Since the discovery of the dangers of 1, 2003, without warning, he began the litigation process because one of Vioxx, hundreds of cases from all over coughing violently and within minutes the exceptions to the mass action defi- the country have been filed against was coughing up blood. Before emer- nition in S. 5 already provides for de- Merck, and we can anticipate thou- gency medical services could be called, fendants to consolidate cases without sands more. he collapsed in the arms of his 17-year- losing jurisdiction to a Federal court. I I would say as a former trial lawyer old son and died. think it is important for the court—in who served as both defense counsel in It was later determined that Mr. addition to the defendant—to have this some cases and plaintiff’s counsel in Newton died of a blood clot in his lung. right as well. others, this is a pretty serious situa- He had no prior history of blood clots, I also think it is important for courts tion for Merck, and they know it. They or pulmonary disease. The cases go on to be able to schedule their own cal- have conceded the fact that the drug and on in State after State. endar of cases without having to worry was dangerous. They took it off the Some of these cases such as the one whether they would lose jurisdiction market. Having taken it off the mar- brought by Mrs. Huggins’ family have over their consolidated cases at certain

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1101 phases of litigation. They should not be people worked hard. They provided for The bill allows companies to move limited ‘‘solely’’ to the pretrial pro- their families. But the company they class action lawsuits from State juris- ceedings. worked for knowingly poisoned them diction to Federal jurisdiction. That These two small changes will ensure and then covered it up. could delay justice for years. In many that mass tort cases involving personal The Federal Government is finally cases, victims have already been wait- injury claims that are not intended to going after the company and the execu- ing a long time for their day in court. be affected by S. 5 can continue to re- tives who made the decisions that put If their cases are moved to Federal main in State courts throughout the workers and the entire community at court, they will essentially have to duration of the proceeding. The sup- risk. start all over at the bottom of the pile. porters of this bill claim that is their Here is the story from today’s Se- That is because Federal courts already intent, and I want to make sure the attle P–I: have a massive backlog of cases. It is language in S. 5 reflects this purpose. Grace indicted in asbestos deaths. Mine one of the reasons the Federal bench AMENDMENT NO. 3 Company and seven executives face criminal opposes this bill. (Purpose: To preserve State court charges. If class action lawsuits are dumped procedures for handling mass actions) Mr. President, I ask unanimous con- on to our Federal courts, they will fall Mr. DURBIN. Mr. President, I send sent that the entire article be printed to the bottom of the list of priorities. the amendment to the desk. in the RECORD after my remarks. Even if they work their way up to the The PRESIDING OFFICER. The The PRESIDING OFFICER. Without top of the docket after many years, clerk will report. objection, it is so ordered. they will not be resolved quickly be- The assistant legislative clerk read (See exhibit 1.) cause they are such complicated cases. The bill that is before the Senate as follows: Mrs. MURRAY. Mr. President, the story of what happened in Libby, MT, now could add years to the amount of The Senator from Illinois [Mr. DURBIN] time it takes to resolve a case. Unfor- proposes an amendment numbered 3. is heartbreaking. Years ago, when I first heard what tunately, asbestos victims do not have Mr. DURBIN. Mr. President, I ask happened there, I began a campaign to time on their side. Once a person is di- unanimous consent that reading of the ban asbestos and to protect its victims. agnosed with mesothelioma, they usu- amendment be dispensed with. In June of 2002, I testified at a hearing ally have only about 6 to 18 months to The PRESIDING OFFICER. Without about Libby before the Senate Sub- live. So if companies know, they can objection, it is so ordered. committee on Superfund, Toxics, Risk, just play legal games, they can just The amendment is as follows: and Waste Management. The people of wait it out, just move the case and On page 20, before the semicolon at the end Libby, MT, have been waiting for this hold things up until the victim dies. If of line 23, insert ‘‘or by the court sua day for a very long time. that happens, there is no justice. sponte’’. For someone with the death sentence On page 21, line 5, strike ‘‘solely’’. This indictment tells companies that they are responsible for their decisions of an asbestos disease, justice delayed Mr. DURBIN. Mr. President, I yield and that human lives are more impor- is justice denied. That is why Congress the floor. tant than profits. The indictment sends should reject this class action bill. The PRESIDING OFFICER. The Sen- a message that if you are putting There are other ways this bill could ator from Tennessee is recognized. workers and consumers at risk, if you deny justice. Companies could just (The remarks of Mr. ALEXANDER per- try to hide the dangers, you will be wait until a victim’s medical bills or taining to the submission of S. Res. 44 prosecuted because at the end of the lost wages are so high that the victim is forced into an unfair settlement. are printed in today’s RECORD under day, this is not about profits, it is Once again, that is because this bill ‘‘Submitted Resolutions.’’) about people. The PRESIDING OFFICER. The Sen- It is about people such as Gayla tips the scales of justice against aver- ator from Washington. Benefield, whom I met last summer. age Americans. I have focused on asbestos victims, Mrs. MURRAY. Mr. President, this Gayla’s father worked at W.R. Grace’s but this class action bill would affect afternoon the Senate is debating a vermiculite mine and mill in Libby, many more types of victims. Anyone class action lawsuit bill. This after- MT, from 1954 to 1973. Her father died noon in Detroit, President Bush said: with a class action lawsuit could find of asbestosis in 1974. Gayla’s mother themselves pushed into Federal court Congress needs to pass meaningful class never worked in that mine, but she was action and asbestos legal reform this year. at the bottom of the list. Congress exposed to asbestos fibers on her hus- should not delay and deny justice for My response is, before we pass some- band’s work clothes. Gayla’s mother victims. thing, we better understand how it will died of asbestosis in 1996. Gayla herself As for asbestos victims, we still have affect the rights and the lives of every- was exposed to asbestos fibers. Why? a lot of work to do. Each year in this day, average Americans. Because she hugged her dad when he country 10,000 Americans die from as- Unfortunately, the bill before the came home from work. And then, in bestos disease—10,000 Americans. The Senate will unfairly tip the scales of December of 2001, Gayla and her hus- first thing we need to do is ban the pro- justice against average citizens. It will band David both were diagnosed with duction and importation of asbestos in give big businesses even more power to lung abnormalities. the United States. Do you know that avoid responsibility for their actions In all, about 37 people in Gayla’s fam- each year in this country we put asbes- and it will delay justice for many vic- ily have signs of asbestos disease, and tos into 3,000 consumer products, prod- tims who deserve justice. only three ever worked in that mine. ucts that you buy at the store regu- We do not have to look very far to Now, as my colleagues know, for the larly? Hair dryers, floor tile, and auto- see why average citizens need access to past 4 years, I have been speaking mobile brakes—we put asbestos in courts. Look at this morning’s news- about the dangers of asbestos and the them in this country today. If we know paper from Seattle, WA. It reports that need to ban it in this country. I have this is deadly, we should stop putting the Federal Government indicted the stood up for victims and their families. it in consumer products in America. W.R. Grace Company for knowingly I have introduced legislation to protect Again, later this year, I am going to sickening workers and residents of workers, educate the public, and im- reintroduce my Ban Asbestos in Amer- Libby, MT, where hundreds of people prove research and treatment. ica Act. The first year I introduced it, have died from asbestos exposure. The Last year, when Congress considered we only had four cosponsors. Last ses- indictment charges that the company an inadequate trust fund bill, I stood sion, we had 14. We also made progress, officials knew of the dangers to work- up for the asbestos victims and voted including my ban in the asbestos liabil- ers in the community and created a against it. We still have a lot of work ity legislation that was considered by conspiracy to hide those dangers. to do to take care of the current vic- the Judiciary Committee. My ban is I hope these indictments will bring a tims and to prevent future deaths. also included in Senator SPECTER’s small measure of justice to the thou- That is one of the reasons I am so per- most recent version of that bill. sands of people who have suffered in sonally concerned about the class ac- But we also need to help victims by Libby and around the country. These tion bill that is now before the Senate. investing in mesothelioma research

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1102 CONGRESSIONAL RECORD — SENATE February 8, 2005 and treatment. And we need to boost . . . We look forward to setting the record Heberling, a lawyer with McGarvey, awareness of how consumers—that is straight.’’ Heberling, Sullivan and McGarvey. ‘‘But all of us—and workers can protect Federal environmental officials began ex- there is comfort in the hope that criminal amining the hazards in Libby after Nov. 19, convictions will say to corporate America themselves. 1999, when the Seattle Post-Intelligencer . . . managers will be held criminally ac- Today, up to 35 million homes, busi- began publishing a series of stories about countable if they lie and deny and watch nesses, and schools have the deadly what the government has called ‘‘the na- workers die.’’ Zonolite insulation in their attics. Peo- tion’s biggest environmental disaster.’’ For years, the Kalispell, Mont., firm has ple need to know about the danger so Within three days of the P–I’s first report, an been fighting for damages from Grace on be- they can protect themselves, so they EPA emergency team arrived in the tiny half of the families of the dead and the dying do not go up in their attic and do their northwestern Montana town. from Libby. Present at the announcement yesterday work unknowingly exposing them- MINE’S HUGE PRODUCTION were Libby victims Lester and Norita Opened in 1913, the mine is six miles from selves to asbestos. Skramstad and Gayla Benefield. Many employees are still in danger— Libby. Grace bought it in 1963 and closed it Lester Skramstad has asbestosis, as does in 1990. In its heyday, the mine produced 80 from construction workers to auto me- his wife, Norita, and two of their children. percent of the world’s vermiculite. The com- chanics. And let’s not forget that many He spoke softly but forcefully, struggling for pany still operates smaller vermiculite asbestos victims were exposed to asbes- breath to launch his words into the wind on mines in South Carolina. tos when they served our country in a blustery winter afternoon. ‘‘I’ve waited a Vermiculite, a mineral similar to mica, ex- the military. About 32 percent of asbes- long time for this,’’ he said. ‘‘It’s a great day pands when heated into featherweight pieces to be alive.’’ tos victims happen to be Navy vet- that have been used commercially for dec- If found guilty, the individual defendants ades in attic and wall insulation, wallboard, erans. Many of them worked in the face from five to 15 years in prison on each fireproofing, and plant nursery and forestry Bremerton Shipyard in my home State count, which for some of the executives products. It was also used in scores of con- of Washington. could be as much as 70 years. sumer products, such as lawn and garden The dangers of asbestos are not just Grace could be fined up to twice the profits supplies and cat litter. limited to Libby, MT, or to military from its alleged criminal acts or twice the Exposure to the tremolite asbestos fibers, losses suffered by victims. According to the which contaminate the vermiculite ore, has communities; they are everywhere. indictments, Grace made more than $140 mil- This Congress needs to address them caused hundreds of cases of asbestosis, lung lion in after-tax profits from the Libby mine, cancer and mesothelioma in Libby and an the right way. Congress should make which would mean a fine of up to $280 mil- untold number at hundreds of other sites sure asbestos victims can get the jus- lion. Alternatively, the court could fine the across North America where the ore was tice they deserve. That is why I will company twice what it computes the loss to processed. vote against this class action bill. And be from more than a thousand Libby victims. Criminal investigators and lawyers from that is why I am going to continue to In addition, the court could order restitution the EPA, the Internal Revenue Service and fight to ban asbestos and to help the for the victims. the U.S. Attorney’s offices in Montana often ‘‘This criminal indictment is intended to victims in this country. put in 12- to 15-hour days while preparing the send a clear message: We will pursue cor- case. Mr. President, I yield the floor. porations and senior managers who know- Investigators and lawyers from the Justice EXHIBIT 1 ingly disregard environmental laws and jeop- Department and the EPA’s headquarters also [From the Seattle Post-Intelligencer, Feb. 8, ardize the health and welfare of workers and assisted. The haste was required because 2005] the public,’’ said Thomas Skinner, EPA’s prosecutors were up against a five-year stat- acting assistant administrator for enforce- ute of limitation, based on the arrival of the W.R. GRACE INDICTED IN LIBBY ASBESTOS ment, yesterday. first federal team in Libby after the P–1 sto- DEATHS The executives charged are Alan Stringer, ries. They gained a three-month extension of MINE COMPANY AND SEVEN EXECUTIVES FACE formerly general manager of the Libby mine that limitation. CRIMINAL CHARGES and Grace’s representative during the gov- A TROUBLED PAST (By Andrew Schneider) ernment’s Superfund cleanup; Henry The EPA said that over the years it had MISSOULA, MONT.—W.R. Grace & Co. and Eschenbach, formerly director of health, filed several complaints against Grace over seven of its current or former executives safety and toxicology in Grace’s industrial the company’s environmental practices. The have been indicted on federal charges that chemical group; Jack Wolter, formerly Grace only previous criminal charge against the they knowingly put their workers and the vice president and general manager of its Columbia, Md.-based corporation was in the public in danger through exposure to construction products division; Bill McCaig, mid-’80s. Grace was indicted on two counts of vermiculite ore contaminated with asbestos also formerly general manager of the mine; lying to the agency about the quantity of from the company’s mine in from Libby, Robert Bettacchi, formerly president of the hazardous material used in its packaging Mont. construction products division and senior plant in Woburn, Mass. In 1988, the company Hundreds of miners, their family members vice president of Grace; O. Mario Favorito, pleaded guilty to one count and was fined and townsfolk have died and at least 1,200 former Grace general counsel; and Robert $10,000, the maximum at that time. The have been sickened from exposure to the as- Walsh, formerly a Grace senior vice presi- charges were brought after Grace and an- bestos-containing ore. The health effects dent. other company were sued after being accused also threaten workers, their families and The 49-page indictment accuses Grace of of illegally dumping toxic chemicals, con- residents everywhere the ore was shipped, in- knowingly releasing asbestos into the air, taminating two wells and, some believe, re- cluding Seattle, and people living in millions placing miners, their families and towns- sulting in the deaths of five children from of homes nationwide where it was used as in- people at risk, and of defrauding the govern- leukemia. Grace paid the families $8 million sulation. ment by obstructing the efforts of various to settle the suits. The book and movie ‘‘A Yesterday, on the steps of the county agencies including the EPA, increasing prof- Civil Action’’ were based on the Woburn courthouse here, U.S. Attorney Bill Mercer its and avoiding liability for damages by case. announced the 10-count indictment, alleging doing so. Grace, which produces construction mate- conspiracy, knowing endangerment, obstruc- P–I’S INVESTIGATION rials, building materials and packaging, filed tion of justice and wire fraud. Tens of thousands of pages of internal for Chapter 11 bankruptcy protection in 2001 ‘‘A human and environmental tragedy has Grace documents and court papers were the because of the ‘‘sharply increasing number of occurred,’’ he said. ‘‘This prosecution seeks basis of scores of stories in the P–1 on Libby asbestos claims,’’ Paul Norris, Grace’s chair- to hold Grace and its executives respon- and the deadly ore that Grace shipped man and CEO, said at the time. sible.’’ throughout the world. Those documents May 2002, the Justice Department inter- ‘‘This is one of the most significant crimi- show years of extensive communication vened in Grace’s bankruptcy, the first time nal indictments for environmental crime in among Grace’s top health, marketing and it had entered such a case, alleging that be- our history,’’ said Lori Hanson, special agent legal managers and mine officials in Libby fore Grace filed for Chapter 11, it concealed in charge of the Environmental Protection about concealing the danger of asbestos in money in new companies it bought. Justice Agency’s environmental crime section in the ore and consumer products that were Department lawyers said Grace’s action was Denver. made from it. a ‘‘fraudulent transfer’’ of money to protect In a statement released for Grace by a pub- They discussed methods to keep federal in- itself from civil suits. lic-relations firm, the company ‘‘categori- vestigators from studying the health of the In November of that year, just before the cally denies any criminal wrongdoing.’’ miners, the potential harm to Grace sales if trial was to begin, the St. Louis Post-Dis- Grace criticized the government for releas- asbestos warnings were posted on its prod- patch reported that the companies returned ing the indictment before providing a copy ucts, and the effort to mask the hazard of almost $1 billion to the bankruptcy judges to the company. ‘‘We are surprised by the working with the contaminated ore. holding Grace’s assets. Grace is far from out government’s methods and disappointed by ‘‘The prosecution cannot eliminate the of business. Norris said the company has an- its determination to bring these allegations. death and disease in Libby,’’ said John nual sales of about $2 billion, more than 6,000

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1103 employees and operations in nearly 40 coun- Act in February 2004 as a new bill with In addition, the current class action tries. a new number, S. 2062. It contained the rules are such that the majority of Mercer refused comment on whether there compromise language that we worked large nationwide class actions are al- would be more indictments from other loca- out with Senators DODD, LANDRIEU, and lowed to proceed to State court when tions where Grace had operations. Hanson said she had been discussing the investiga- SCHUMER. Senator FRIST then at- they are clearly the kinds of cases that tion with her counterparts in EPA regions tempted to bring up the bill last July. should be decided in Federal Court. The throughout the country. Unfortunately, we were once again de- U.S. Constitution provides that cases Libby victim Benefield said yesterday that nied the ability to close debate on the involving citizens of two different as she watched the announcement of the in- bill, and we lost, again, a cloture vote. States and an amount of controversy of dictments, her thoughts were with her par- This was because Senators wanted to $75,000 can be heard in Federal Court. ents, Perley and Margaret Vatland, both of offer nongermane amendments— However, the law has been interpreted whom died of asbestosis. She wore on her in such a way that class action law- coat a costume-jewelry pin her mother, who amendments, as you know, Mr. Presi- dent, that have absolutely nothing to suits; that is, cases involving large sold Avon products, bought from Avon for sums of money, citizens of many dif- herself. do with the subject matter of the un- ‘‘Somewhere today they’re smiling,’’ she derlying bill. This was particularly dis- ferent States, and issues of national said, fingering the pin. ‘‘I just know it.’’ appointing to me after all of the hard concern, have been restricted to State courts even though they have national ONLINE work we had done to reach an accept- consequences. Crafty lawyers game the Read Uncivil Action, the P–O’s award-win- able compromise with several Demo- ning coverage of the deadly legacy of asbes- crats. We could have passed the bill in system. Crafty lawyers file these large tos mining, beginning with a November 1999 the 108th Congress, but raw politics got class actions in certain courts. They story about hundreds dead or dying in Libby, in the way. are shopping for magnet State courts, Mont. Now is the time to get this bill done. and they are able to keep them there. Mrs. MURRAY. I suggest the absence We have reintroduced the language For example, in Madison County, IL, of a quorum. contained in last year’s bill, a com- the most notorious class action magnet The PRESIDING OFFICER. The promise worked out with Senators State court, which has been called a clerk will call the roll. DODD, LANDRIEU, and SCHUMER. That is ‘‘judicial hellhole,’’ class action filings The assistant legislative clerk pro- what is now before us in S. 5, the very have jumped from 77 in 2002 to 106 in ceeded to call the roll. same bill. We made no changes to last 2003. I understand that Madison County Mr. GRASSLEY. Mr. President, I ask year’s bipartisan compromise. So I has had an increase of over 5,000 per- unanimous consent that the order for hope we can stop having politics inter- cent in the number of class action fil- the quorum call be rescinded. fere with this bill and pass what is a ings since 1998. That surely says some- The PRESIDING OFFICER. Without relatively modest bill that will help re- thing. Clearly, the judges there are objection, it is so ordered. form a class action regime that has playing somewhat fast and loose with the class action rules when they are de- Mr. GRASSLEY. Mr. President, we gotten to be very bad, which ends up ciding whether to certify a class action are in our second day of debate on the most of the time serving no one except lawsuit. So unscrupulous lawyers are important Class Action Fairness Act of the lawyers who bring these class ac- gaming the present rules to steer their 2005. Because of my responsibilities as tion suits. chairman of the Senate Finance Com- I would like to give some background class action cases to these certain pre- mittee, I have not had a chance to par- on the need for this very important ferred State courts, such as Madison ticipate in the debate of a bill that I legislation. Everyone has heard about County, IL, where judges are quick to have been the sponsor of going back to the abuses going on with the current certify classes, quick to approve settle- the 105th Congress. It is a pleasure for class action system. These problems ments, with little regard to the class members’ interests or the parties’ due me to participate and anticipate the undermine the rights of both plaintiffs process rights. Of course, that is the passage of this legislation. and defendants. Class members often reason for this legislation. We need to It is about time that the Senate gets do not understand what their rights are do something about this kind of abuse this bill done and gets it to the Presi- in a class action suit, while the class of the judicial process. dent. Of course, I am very pleased that action lawyers drive the lawsuits and Class action lawsuits at least should Majority Leader FRIST sees this as an the settlements. Class members cannot have the opportunity to be heard in important enough issue to move so understand what the court and the set- Federal court because usually they are early in the 109th Congress. I also tlement notices say because they are in the cases that involve the most thank Chairman SPECTER, as new very small type and written in hard-to- amount of money, citizens from all chairman of the Senate Judiciary Com- understand legalese. So class members across the country, and issues of na- mittee, for getting this class action often do not understand their rights tionwide concern. Why should a State bill through committee so very quick- and they don’t understand the con- county court be deciding these kinds of ly. I hope we can move expeditiously sequences of their actions with respect class action cases that impact people with few or no amendments, pass this to the class action lawsuit in which all across the country? Of course, that bill, and have the President sign it, they are invited to participate. just doesn’t make sense to me; hence, which we are sure he will. Moreover, many class action settle- the authorship of this legislation. I My colleagues will recall that in the ments only benefit the lawyers, with hope it doesn’t make sense to at least 108th Congress, Senator FRIST brought little or nothing going to the class a majority of my colleagues. the class action fairness bill to the members. We are all familiar with the Both the House and Senate held nu- floor in October 2003, but we were not class action settlements where the merous hearings on this legislation and able to proceed to the bill. We lost the plaintiffs got coupons of little value, or on other kinds of class action abuse. vote on cloture on the motion to pro- maybe no value, and the lawyers got We heard about class lawyers manipu- ceed by just a one-vote margin; in all of the money available in the set- lating case pleadings to avoid removal other words, 50 votes as opposed to the tlement agreement. So what is the of a class action lawsuit to Federal 60-vote supermajority that cloture point of bringing a lawsuit? I thought court, where it should be, claiming takes. it was to find redress for the plaintiffs that their clients suffered under $75,000 After that vote, I worked with Sen- and not to benefit the lawyers who in damages in order to avoid the Fed- ator HATCH, who was then chairman of bring the case. But that is what hap- eral jurisdictional amount threshold. the Judiciary Committee, and our lead pens many times now in these class ac- We heard about class lawyers Democratic cosponsors, Senators KOHL tion lawsuits. The lawyers drive those crafting lawsuits in such a way to de- and CARPER, to modify the bill to ad- cases, not the individuals who alleg- feat the complete diversity require- dress concerns that were raised by edly have been injured. The lawyers are ment by ensuring that at least one three Senators and maybe others, but I the ones who get the millions and mil- named class member was from the remember specifically Senators DODD, lions of dollars in fees while the people same State as one of the defendants LANDRIEU, and SCHUMER. Then we re- who allegedly have been injured get even if every other class member was introduced the Class Action Fairness worthless coupons. from one of the other 49 States.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1104 CONGRESSIONAL RECORD — SENATE February 8, 2005 We heard about attorneys who filed in Federal court, not stuck in a magnet We have worked far too long and too the same class action lawsuit in dozens court in a county that has no connec- hard to have this bill delayed and com- of State courts all across the country tion whatsoever to the case. That is plicated with amendments that the in a race to see which judge would cer- why Senator KOHL and I joined forces House will never accept. tify the fastest and the broadest of several Congresses ago—this is the We have also worked far too long and class. fifth Congress this bill has been around far too hard to have this bill bogged We heard about class action lawyers for us to try to do something about down by amendments that are not crit- entering into collusive settlements this situation. That is a period of 8 ical to the core purpose of the legisla- with defendant attorneys which were years past and 10 years including this tion. not in the best interest of class mem- Congress—to do something about the So then let’s get this bill past the bers. problems we were seeing and about the finish line, not create more hurdles and These are only a few of the games- runaway abuses. obstacles. I ask my colleagues to vote manship tactics lawyers like to utilize The Class Action Fairness Act will against the amendments and keep the to bring down the entire class action address some of the more egregious bill clean. How often do we in this legal system. The bottom line is that problems with the class action system body, the Senate of the United States, many of these class actions are just while preserving class action lawsuits have the respect the House is giving us plain frivolous lawsuits that are as a very important tool which brings by saying if this bill is not changed any cooked up by the lawyers to make a representation to the unrepresented. more, they will buy it the way it is? quick buck, with little or no benefit to Let me underscore for my colleagues That happens once in a decade. We the class members who the lawyers are that S. 5 is a very delicate compromise. ought to take advantage of it. supposed to be representing. As my colleagues already know, this I would like to highlight, before I sit Out-of-control frivolous filings are a bill has gone through many changes to down, some of the changes we made to real drag on the economy. Many a good accommodate Democratic Senators, the bill to increase support for this bill business is being hurt by this frivolous much to the frustration of some of my since Senator KOHL and I introduced litigation cost. Unfortunately, the cur- Republican colleagues who think we the first Class Action Fairness Act in rent class action rules are contributing have gone too far. the 105th Congress, now 8 years ago. to the cost of business all across Amer- I worked in good faith with these col- The bill, as was originally intro- ica, and it particularly hits small busi- leagues on the other side of the aisle to duced, did several things. It required ness because it is the small business bring people together and to address that notice of proposed settlements in that gets caught up in the class action valid concerns to increase support for all class actions, as well as all class no- web without the resources to fight. this bill, most importantly to, hope- tices, be in clear, easily understood Too many frivolous lawsuits are fully, have 60 votes on board, the super- English and include all material settle- being filed. Too many good companies majority it takes to bring a halt to de- ments, including amounts and sources and consumers are having to pay for bate, to get to finality, to get this bill of attorney’s fees. Since plaintiffs give this lawyer greed. Make no mistake passed, to get it to the House where we up their right to sue, they need to un- about it, there is a real impact on the are told it will pass if we do not change derstand the ramifications of their ac- bottom line for many of these compa- tions and should not have to hire an- nies and, to some extent, on the econ- it, and go to the President very quick- other attorney to find out what these omy as a whole. They have to eat this ly. I did not think then that we needed increased litigation cost or else it is notices mean. to make any changes to the class ac- Then our bill required that State at- farmed out to consumers, such as you tion bill that was originally introduced torneys general or other responsible and me, and this is all in the form of State government officials be notified higher prices for goods and services we several Congresses ago, but as com- buy. promise is often necessary in this proc- of any proposed class settlement that This is unacceptable, and we need to ess if I wanted to move the class action would affect the residents of their do something about this. We need to bill forward, I did my best to listen to States. We included this provision to restore some commonsense reform to the issues raised and to make modifica- help protect class members because our legal system. We need to restore tions to the bill where there was room such notice would provide State offi- common sense to the class action sys- for that compromise. cials with an opportunity to object if tem. We should pass this bill. Nevertheless, with all the com- the settlement terms are unfair to I now wish to say something about promises we cut, S. 5 still retains the their citizens. class action lawsuits. They can be a goal we set out to achieve: to fix some Our bill also required that courts very good tool for many plaintiffs with of the most egregious problems we are closely scrutinize class action settle- the same claims to band together to seeing in the class action system and ments where the plaintiffs only receive seek redress from a company that has to provide a more legitimate forum for coupons or noncash awards while the wronged them. I am not against the nationwide class action lawsuits. lawyers get the bulk of the money. use of class action lawsuits, and nei- The deal that was struck is a very It required the Judicial Conference to ther are other supporters of this bill. carefully crafted compromise that does report back to the Congress on the best We are not here to put a stop to the not need to be modified any further. So practices in class action cases and how class action tool. I am asking my colleagues to withhold to best ensure fairness of these class I certainly know my friend and origi- the offering of amendments to avoid action settlements. nal cosponsor of this bill, Senator disrupting the balance we have Finally, the bill allowed more class KOHL, feels the same as I do. People achieved. action lawsuits to be removed from who have been injured should be able My colleagues should not be fooled. State court to Federal court. The bill to sue companies that do not follow the The amendments that are going to be eliminated the complete diversity rule law. Our problem is many class actions offered are an attempt to weaken or for class action cases but left in State are not proceeding in the way they gut the bill. Some amendments may courts those class actions with fewer were originally intended. sound reasonable, but they pose a prob- than 100 plaintiffs, class actions that Our problem is many of these law- lem in the other body. Other amend- involve less than $5 million, and class suits are not fair and violate the due ments may sound good, but they do not actions in which a State government process rights of both plaintiffs as well have anything to do with class action entity is the primary defendant. as defendants. reform. Other amendments are, plain Our bill still does many of these Our problem is many times these and simple, poison pills. things, but we have made a number of lawsuits are not helping the class We have worked far too long and we modifications to get this bipartisan members at all. They are an effective have worked far too hard to have this support. tool for lawyers to make a big, easy bill come down because folks are mis- In the Judiciary Committee in the buck. led into supporting an amendment that 108th Congress, we incorporated Sen- Our problem is these kinds of suits in reality perpetuates the problem and ator FEINSTEIN’s amendment which should have an opportunity to be heard preserves the status quo. would leave in State court class action

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1105 cases brought against a company in its court. So we have made significant The PRESIDING OFFICER. The Sen- home State where at least two-thirds concessions to get our Democratic col- ator from Delaware. or more of the class members are also leagues on board this Class Action Mr. CARPER. Mr. President, before residents of that State. Fairness Act. Of course, some of my Senator GRASSLEY leaves the floor, I We also incorporated changes to ad- Republican colleagues feel we have simply want to say how much I have dress issues raised by Senator SPECTER made too many compromises. But enjoyed and appreciated the oppor- relative to how mass actions would be these folks on the other side of the tunity to work with him on this issue. treated under this bill. In our negotia- aisle have been telling us that they are If we go back 7 years when this idea tions and outside the committee with ready to support the bill and get it first took legislative form and look at Senators SCHUMER, DODD, and LAN- passed, so the time has come that the changes that have occurred over DRIEU, we made numerous changes, so I hopefully no more politics are played, each of the last three or four Con- will only mention a few of the more that we get down to business and we gresses, they have been dramatic. important compromises we reached. get this bill done. It is time to make My goal, and I believe it is a goal For example, we made changes to the real progress on a class of lawsuits that many of us share who support the leg- coupon settlement provisions in the has become burdensome for business, islation, is to make sure that when bill providing that attorney’s fees must not beneficial to the plaintiffs, and en- what I term little people are harmed by be based either on the value of the cou- riching of attorneys. the actions of big companies or small pons actually redeemed by class mem- If we do that—and we do that when companies, those little people have a bers or the hours actually billed in we pass this bill—again I want to re- chance to aggregate together and be prosecuting the case. We deleted for mind my colleagues that we have craft- made whole. I think we agree on that these Senators the bounties provision ed a carefully balanced bill that con- principle. because of a concern that it would sists of a number of compromises and We want to make sure the companies harm civil rights plaintiffs. some would say too many com- that do something that is wrong or We deleted provisions in the bill that promises. I think we have done a pret- that are contemplating an action or be- dealt with specific notice requirements ty good job of addressing legitimate havior that is inappropriate or wrong, because the Judicial Conference had al- concerns with the bill and I am hopeful that they know if they get caught, ready approved similar notice arrange- we will not see a lot of amendments to they will pay a price, and class actions ments to the Federal Rules of Civil disrupt this compromise. I am hopeful can help catch them at that and make Procedure. my colleagues will join me and vote sure they are put on notice. I think To address questions about the against all killer amendments that gut that is a principle on which we all merry-go-round issue, we eliminated a or weaken the bill. I am hopeful my agree. provision dealing with the dismissal of colleagues will join me and vote A third principle is to make sure the cases that fail to meet rule 23 require- against poison-pill amendments that defendant companies, if they are called ments so that existing law applies. the House will never accept. on the carpet, can go to a court where We deleted a provision allowing All of these amendments need to be they have a fair chance of defending plaintiff class action members to re- defeated because we should send a themselves and presenting their case. move class actions to Federal court be- clean bill to the House. All of our hard The last one is to try to do all of this cause of gaming concerns. We placed work on forging a bipartisan com- in the context of not needlessly over- reasonable time limits on the appellate promise bill should not go down the burdening the Federal judiciary. review of remand orders in the bill. We drain. It is tough to balance all of those dif- clarified that citizenship of proposed The bottom line is this class action ferent principles, but I think on the class members is to be determined on reform is badly needed. Both plaintiffs legislation the Senator has authored the date the plaintiff filed the original and defendants alike are calling for and that some of us have been privi- complaint or when plaintiffs amend the change. The Class Action Fairness Act leged to work with the Senator to help complaint. will help curb the many problems that shape, we have come close to realizing We made further modifications to the have plagued the class action system. those principles. FEINSTEIN compromise already referred S. 5 will increase class members’ pro- I wanted to say a special thanks to to and to the mass action language tection and ensure the approval of fair the Senator for his willingness to work Senator SPECTER was concerned about. settlements. It will allow nationwide with people on both sides of the aisle, We clarified that nothing in the bill re- class actions to be heard in a proper to hear us out, to hear our ideas, and stricts the authority of the Judicial forum, the Federal courts, but keep be willing to accept a number of the Conference to promulgate rules with primarily State class actions where ideas we have put forward. My hope is respect to class actions. they belong, in State court. It will pre- at the end of this week we will have Finally, we drafted a new what is serve the process but put a stop to the passed that legislation. It is a delicate called local class action exception, more egregious abuses. It will also put compromise and balance and, God will- which would allow class members to re- a stop to the frivolous lawsuits that ing, our friends in the House of Rep- main in State court if, one, more than are a drag on the economy. two-thirds of the class members are Now that we have worked together resentatives will accept that and the citizens of this forum State; two, there on a very delicate compromise, we President will sign it into law. is at least one in-State defendant from should be able to get this bipartisan I thank the Senator. whom significant relief is sought by bill done without changes. Mr. GRASSLEY. I thank my col- members of the class and whose con- I see another person who has worked league from Delaware, and I suggest duct forms a significant basis for the very hard on this bill has come to the the absence of a quorum. plaintiffs’ claims; three, the principal Chamber and that is Senator CARPER of The PRESIDING OFFICER. The injuries resulting from the alleged con- Delaware. There is no person who has clerk will call the roll. duct or related conduct of each defend- been more determined to get this bill The bill clerk proceeded to call the ant were incurred in the State where passed and get it passed in a bipartisan roll. the action was originally filed; and, way, and I appreciate very much the Mr. DORGAN. Mr. President, I ask four and lastly, no other class action cooperation he has given us over the unanimous consent that the order for asserting the same or similar factual last year but, more importantly, in a the quorum call be dispensed with. allegations against any of the defend- time when I have been involved with a The PRESIDING OFFICER. Without ants on behalf of the same or other per- lot of issues other than class action, he objection, it is so ordered. sons has been filed during the pre- has kept me focused on this bill that I Mr. DORGAN. Mr. President, I ask ceding 3 years. want to get passed, and he has helped unanimous consent that I be able to We did all of this to ensure that truly me get the job done. I thank Senator speak for as much time as I consume in local class action cases, such as a plant CARPER as well as other Democrats morning business. explosion or some other localized who have helped in this process. The PRESIDING OFFICER. Without event, would be able to stay in State I yield the floor. objection, it is so ordered.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1106 CONGRESSIONAL RECORD — SENATE February 8, 2005 THE TAX CODE Let me quote a part of it. cited—this folksinger—when the Con- Mr. DORGAN. Mr. President, some- When Congress passed a one-time tax gress gave a big, old loan to Chrysler thing is happening in our Tax Code break on foreign profits last fall, lawmakers Corporation. So he wrote a song say- that very few people understand, and I said their main purpose was to encourage ing, ‘‘I’m Changing My Name to Chrys- wanted to call it to their attention. American companies to build new operations ler.’’ and hire more workers here at home. But as There is something going on called Oh the price of gold is rising out of sight, corporations are gearing up to bring tens of repatriation, which is a $2 word that and the dollar is in sorry shape tonight, what billions of dollars back to the United States a dollar used to get us now won’t get a head probably people won’t understand. But this year, adding jobs is far from their high- of lettuce. No the economic forecast isn’t I want to explain it. est priority. Indeed, some companies say bright. Repatriation is a process by which they might end up cutting their workforces U.S. companies that have moved some here in the U.S. He says: operations overseas, begun to manufac- Hewlett-Packard, which has accumulated I’m changing my name to Chrysler. I am ture and sell products overseas and $14 billion in profits and lobbied intensely for going down to Washington, DC, I will tell made income overseas, are able to the tax break, announced January 10 that it some power broker, ‘‘What you did for Iacoc- bring their profits back into this coun- would continue to reduce its workforce this ca would be perfectly acceptable to me.’’ year. That would come on top of more than try. Maybe he would want to write a cou- 25,000 jobs eliminated during the previous 3 ple more verses. Maybe he would like When an American corporation years. makes a profit as a result of selling to pay income taxes at 51⁄4 percent. We have a provision in tax law now overseas, or producing overseas—we Maybe every citizen of my home State that says to these companies that have have something in this country called of North Dakota would like to be able earned this money overseas, you de- deferral in our tax law. It says you can to pay a 51⁄4 percent income tax rate. ferred taxes on them previously, now defer paying taxes on your foreign prof- If it is good enough for Exxon Mobil, you are going to bring them back. We its as long as you don’t bring them why isn’t it good enough for my citi- back into this country. But when you encouraged them to bring them back. zens, or good enough for all the citizens bring them back—which is called repa- And, by the way, while all the other of this country? triation—then you must pay taxes like American people are working and pay- This was done last year with very lit- everybody else does. ing income taxes—and, yes, those at tle debate; just stuck in a big old bill Let’s take Huffy bicycle company, the bottom of the ladder who pay in- and says it is going to create jobs. Let for example. The Huffy bicycle com- come taxes pay the lowest rate of 10 us give a special deal to some big old pany made bicycles for almost 100 percent but it is 10 percent, 15 percent, economic interests. Nobody will care years in this country. They sold them up to 35 percent, despite the fact every- and nobody will know. in Wal-Mart, Sears, and Kmart. Huffy body else is going to pay a higher rate Now we see the result—hitting the then shut down their plants in the of taxes—you repatriate those profits, tax break jackpot. Those who are going United States, and got rid of their and we will allow you to pay an income to get the biggest benefits as a result workers. Today Huffy bicycles are still tax rate of 51⁄4 percent. of the generosity which I think has sold in the United States but they are There was a Governor of Texas probably not ever been given before. made in China for roughly 30 cents or named Ma Ferguson. Ma Ferguson be- All of these companies expected that 40 cents an hour labor by people who came Governor of Texas, I believe, the profits they earned overseas would work 7 days a week, 10 to 12 hours a when her husband died. As Governor of be taxed at the regular tax rate when day. The company decided they should Texas, Ma Ferguson got involved in a they brought the profits back. That is actually manufacture their bicycles in very controversial issue dealing with what they were told. That is what the China and presumably make more some sort of initiative in Texas about deal was. That is what the deferral was money. English only. She held a press con- in the Tax Code. What happens to that income? We ference. She held up a Bible. She said: Guess what. They got a big old fat have a perverse and insidious provision If English is good enough for Jesus, it tax break unlike any that is given to in our tax law that says, shut your is good enough for Texas. any other American citizen. They get manufacturing plant, move those jobs She didn’t quite understand, I guess. to pay 5.25 percent. overseas, and we will give you a deal. But the good enough concept is some- By the way, they boast that they You don’t have to pay taxes on the thing we all talk about here. If the 51⁄4 would be creating jobs and that now profits that you once made in the percent income tax rate is good enough appears not to be true. Some of the United States when you made that bi- for the biggest corporations in this same companies that moved their cycle or the Radio Flyer little red country that have moved jobs overseas, American jobs overseas to boost for- wagon, which is now made in China, or and now bring profits back and get to eign profits now get a special deal back the Newton cookies, but now earn on pay 51⁄4 percent, why is it not good home to pay lower taxes than virtually the same products made overseas until enough for the Olsens, Johnsons, and any other American citizen. you bring those profits back to the the Larsens? Those are names from my Congress ought to hang its head and United States. Only then do you have hometown. Why is it not good enough maybe Tom Paxton ought to write an- to pay taxes. That is the deal. for the people living down the street, other song: If it is good enough for Whenever companies defer their tax or up the block, or on the farm who Hewlett-Packard and good enough for obligation, they understand that when may pay multiples of this tax rate? Exxon Mobil, it ought to be good they repatriate the income to the U.S., Let me show a chart. These compa- enough for constituents who live up they are going to have to pay taxes. nies aren’t doing anything wrong. the block and down the street and on But they got a special deal, as is al- These companies are simply going to the farm in this country. ways the case, it seems. benefit handsomely from what this Enough about that. These things hap- Last year a bill was passed with a Congress did for them—to say to them: pen behind closed doors with little de- tiny, little provision which was very By the way, we will give you a very bate and great complexity and people controversial. I opposed the provision, special deal. This is Exxon Mobil, IBM, do not understand. Somehow at the end but it got passed. The special deal is Hewlett-Packard, Pepsi-Cola, and so of the day it is always kind of the cake that the repatriation of income back on—unpatriated foreign earnings total- and crumbs approach to public policy: into this country now by companies ing tens of billions of dollars. And they The big interests get the cake; the lit- that earned that income overseas—in get to pay income taxes at 51⁄4 percent. tle folks get the crumbs and hope ev- some cases by moving their American That sounds like a sales tax, doesn’t it? eryone is happy and nobody debates jobs overseas—now get to pay taxes at That sounds like a sales tax and not an too much about it. the 51⁄4 percent tax rate. income tax. But do average folks get to SOCIAL SECURITY What prompts me to come to the pay an income tax at 51⁄4? No. Nobody There is a lot of this influence in the floor to talk about this, despite the else does. Social Security debate. I will talk for a fact I opposed this last year, was a New It kind of reminds me Tom Paxton’s moment about that. I also will talk York Times article that says, ‘‘Hitting old song. He seemed to be able to say it about the budget that was offered yes- the Tax Break Jackpot.’’ in kind of a simple way. He got all ex- terday. The Social Security debate is

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1107 an example of this strange approach to The President’s proposal for private have the largest deficits in the history public policy. accounts, however, anticipates a level of this country. This country is way off Social Security was created in 1935. of investment return on private ac- track in fiscal policy. It needs to be put The first monthly benefit was paid in counts that, if realized, means the eco- on track. It is not just fiscal policy. 1940. Social Security has lifted tens of nomic growth in the country would put Fiscal and trade policy, between them, millions of senior citizens out of pov- Social Security in a position where it contributed somewhere between $1 to erty. Fifty percent of America’s elderly would not have a problem at all for the $1.2 trillion in debt just in the last were living in poverty when Social Se- long term. With that kind of economic year. That is unsustainable. You can- curity was enacted. Today it is less growth as projected by the President, not continue to do that. than 10 percent. there will be no problem in Social Se- The trade deficit we will know on The fact is, Social Security works. It curity. It will meet its obligations over Thursday of this week, but the trade has been a Godsend for a lot of people the long term. deficit is somewhere around $600 to $700 who reach retirement age. Social Secu- But we have a circumstance now billion—just in the past year. The fis- rity is the one dependable source of in- where the President and Administra- cal policy budget deficit is somewhere come they know will be there. It is the tion official say Social Security is in around $560 billion. This country can- social insurance that they have paid crisis, it is bankrupt, it is flat bust, de- not continue it do this. It is off track. for over all the years when they pending on whom you listen to. The We have to put it on track. worked. Social Security includes not purpose of using that language is to The budget that was offered yester- only old-age retirement benefits but convince people there is a very serious day claims that we will have a budget also provides disability and survivor problem here. There may need to be deficit this year of roughly $427 billion. benefits. It is the one piece of that so- some adjustments because people are The fact is that figure takes the Social cial insurance that workers knew living longer, better, and healthier Security tax money we are supposed to would be there, and it has always been lives. But there is not a crisis that jus- be putting into Social Security and there. tifies taking the Social Security sys- uses it to make the deficit look small- Now, in 1983, a commission said, tem apart, which is what the President er. The real budget deficit for the cur- when the baby boomers retire, they proposes to do. rent year is expected to be about $587 will hit the retirement rolls like a He proposes several things, none of billion, and although that is the real tidal wave. which he talks about but all of which deficit, that does not include the costs After the Second World War, the sol- are part of his plan: First, borrow a of Iraq, Afghanistan, and prosecuting diers came home. We have all seen the great deal of money, from $1 to $3 tril- the war because the President does not pictures. We beat back the oppression lion. Second, change the indexing in of Hitler and Nazism. What a wonderful include that in the budget. Why? Be- Social Security and cut benefits. Under time. There was a great outpouring of cause he says we do not know what it romance and affection when the sol- his plan, you are borrowing money, will cost despite the fact we have diers got home. We had the biggest cutting benefits, investing the bor- known for a long while it is costing at baby crop in the history of the world. rowed money in the stock market, and least $5 billion a month. He is now say- We had a lot of babies. Those GIs came hoping in the end it comes out all ing, I want you to approve an extra $80 home; they had families; they raised right. billion in emergency funding. So we All the indications I have seen, families; they built schools; they cre- have roughly a $580 billion out-of-bal- whether from the Congressional Budget ated jobs; they went to college on the ance budget that does not even include Office or the Brookings Institution or GI bill. They built this country. the extra money that is necessary that There comes a time, then, when the others, say that workers will come out the President knows he will ask Con- baby boomers will retire and we have a further behind, not ahead, as a result gress to spend on Iraq and Afghanistan strain on the Social Security system. of this plan. and the military budget. So we decided to save for that. This The question, What should we do, is You could get a much better grip on year, for example, we collected Social answered, we preserve, protect, and what all this costs by taking a look at Security taxes from worker pay- strengthen Social Security. This pro- the numbers in his proposed budget checks—$151 billion more than needed gram works. It is probably true that al- dealing with gross debt. He is pro- to pay out current Social Security ben- most none of those who are proposing posing about a $677 billion increase in efits. We are doing that every year. these changes—borrowing money and gross federal debt next year versus this This will help grow Social Security putting it in private accounts and tak- year. So that is the real measure of trust assets to over $5 trillion by 2018. ing the Social Security system apart— how much we are spending that we do The President said the other night will ever have to worry about Social not have—a $677 billion increase in something that is not right or not ac- Security. Almost all of them will have gross debt. curate. He said, in the year 2018, the sufficient assets to not be too worried Now, we know we have to tighten our Social Security system will be paying about Social Security for themselves. belt. There are some things in the out more than it takes in. That is just But there are a lot of people in this budget I agree with, some I do not. I do flat wrong. Our colleague, Daniel Pat- country who do worry about Social Se- not agree that, for example, we ought rick Moynihan, once said everyone is curity. It has always been there and to shut down Amtrak except for the entitled to their own opinion but not can always be there as part of the so- east coast. That is what the President everyone is entitled to their own set of cial insurance that represents the foun- wants to do. I do not support that. I facts. dation of retirement security. think rail passenger service strength- In the year 2018, the Social Security Retirement security has two parts. ens this country and it is good for this system will be taking in taxes from One part is the guaranteed insurance country. paychecks as well as a substantial on which we pay premiums in the form I do not agree that we should cut amount of interest that will exist on of taxes every month from our pay- back on Indian tribal colleges. It is the the Treasury bonds that have been ac- checks. That is always there. The sec- one step up and out of poverty and to- cruing over these many years in the ond part in retirement security is pri- ward hope and opportunity that has Social Security trust. This interest, vate investments, 401(k)s, IRAs, and been remarkably successful. I could go along with the tax collected from pay- others. I support that. I believe we through a list of things where I might checks, will far exceed that which is ought to do even more to incentivize disagree. necessary to be paid out. It is the year private investments. But we should do On the spending side, I do not agree 2042 or 2052, according to either the So- that without taking apart the Social with the President that we ought to cial Security actuaries or the Congres- Security Program. begin building earth-penetrating, sional Budget Office, where we hit the THE BUDGET bunker-busting, designer nuclear weap- point we can no longer pay full bene- Now, finally, I mention the budget. ons. What on Earth is that about? fits. It is not bankrupt at that point, The budget offered yesterday is a budg- Spending money to build more nuclear but unless we make some adjustment, et that has a great many controversial weapons? Bunker busters? I do not un- we cannot pay full benefits. issues. All Members would agree we derstand that. Not only is it the wrong

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1108 CONGRESSIONAL RECORD — SENATE February 8, 2005 message for the world, it is spending lost a job because their plant was portunities. We may disagree on what money we do not have on things we do closed. are the various issues and what we not need. Let me again say, as I conclude, the need to do to create those jobs, to ad- Let me give you an example of a lit- people who worked for Huffy Bicycles dress issues for people who have lost tle program in this budget that we know what that is like. The people who work in a certain area, and to create have spent almost $200 million on over worked for Schwinn Bicycles know them in another area. But what we are the years. It is Television Marti. It is what that is like. The people who dealing with in this class action reform this country deciding to send television worked for Fig Newton know what that bill, this Class Action Fairness Act—I signals to the Cuban people to tell is like. The people who worked for Levi serve on the Judiciary Committee; we them how good things are outside of Strauss know what that is like. The passed this bill out on a bipartisan vote Cuba. Well, I visited Cuba. The Cuban people who made T-shirts and shorts in the Judiciary Committee—is to try people know how good things are out- for Fruit of the Loom know exactly to deal with the legal system that is side of Cuba. That is why they try to what that is like. They all lost their putting too much burden on business escape Cuba. jobs because they cannot compete with so that it cannot create jobs here, and It is interesting, we spend all this people who are willing to work for 30 so then those jobs and economic oppor- money on Television Marti to broad- cents an hour overseas. The employers tunities go somewhere else. cast into Cuba. We do it through Aero- have found a billion people on this It was a bipartisan vote coming stat balloons, and now we do it with a Earth who are willing to do it. And through the Judiciary Committee. If sophisticated C–130 airplane, which is they will not only work for 30 cents an you look at the membership on that very expensive. And guess what. No Cu- hour, you can put them in factories committee, you can see these are dedi- bans see the television broadcasts. Oh, and dump sewage and dump chemicals cated people from both sides of the we broadcast. We have expensive stu- into the air and water. You can work aisle. But they look at this issue, and dios and expensive people, and we have them 7 days a week, and if they decide they say, here is a chance for us to re- balloons, and we have airplanes, and we to create a union, you can fire all of form a system, create growth and op- broadcast these television signals to them, just like that. portunity, create fairness within the the Cuban people. And the President If this country does not get serious country, within the system. wants to double the money for it, de- about stemming the outmigration of That is the overall way we ought to spite the fact that all those signals are jobs and about stemming the hem- be going. That is what we ought to be jammed and the people do not see the orrhaging of red ink in international doing. That is why this is one of the broadcasts. I do not understand that. trade in our trade deficit and dealing lead substantive bills coming from the What on Earth could they be think- with our fiscal policy and budget def- Senate right now. That is why we are ing about? They are going to double icit, our economic future is not going hopeful of keeping it amendment free, funding for the broadcasting signals to be a bright future. so we can get it through the House, into Cuba that are jammed and that We have far too much promise as a passed, and on to the President, so the the Cuban people cannot see. In fact, country to let this happen to us. We American people can see some product, one of the reasons he wants to double need leadership, yes, from the White and they can see us dealing with a funding is he wants to buy another air- House, and from Congress, to deal with problem that they believe is there: too plane for this program. So you talk serious things in a serious way. I hope much litigation, litigation where it is about waste, it is unbelievable. that happens soon. I want to be a part not fair, litigation in ways that tend to I think the most important point to of a group that is bipartisan that says help lawyers more than helping peo- make about the budget, however, is it let’s put this country back on track. ple—lawyers are people, but tending to is time for Republicans and Democrats, But I see precious little evidence of bi- help the lawyers who are bringing the for the President and the Congress, to partisanship these days. The minute case more than the people who are sup- level with the American people. We you stand and talk about the facts, all posed to be attracted and dealt with in have a fiscal policy that is reckless, is of a sudden you are being excessively the case and in the class. way out of control and is completely partisan, and the White House comes The prior speaker spoke about a unsustainable. You cannot spend $677 after you; to wit, the story yesterday number of different problems we have. billion that you do not have—not next about the RNC and what they have de- The budget deficit, clearly that is an year, not last year, not the year after cided to do with respect to Senator issue. Clearly that is a problem for the next. You cannot have a trade deficit REID. country. Clearly, that is something the that is wildly out of balance. And you Well, there is a lot at stake in this President puts down a mark to try to cannot have a Tax Code that Congress and this President getting it correct. I think the President is right incentivizes shutting down American right for a change: on budgets, on on moving to cut the deficit in half in factories and sending American jobs trade, on taxes. And I, for one, hope we 5 years. I think we need to go further overseas. You cannot keep doing these can begin a serious discussion about se- and balance in 7 years. things. rious issues in the days ahead and give Now, you say, well, wait a minute, There are some who take a look at people some hope that their future will how are you going to do that? We have this place, and they see a bunch of be a brighter and better future. done it before. We do it the same way windbags in blue suits, I suppose. They Mr. President, I yield the floor. the next time that we did it the last think we just talk, and occasionally, The PRESIDING OFFICER (Mr. time; that is, you get the economy when the lights go out, we pass some- THUNE). The Senator from Kansas. growing and sustain that growth in the thing like a 5.25 percent special tax Mr. BROWNBACK. Mr. President, I economy. It kicks off a lot of receipts break for the biggest economic inter- rise to speak about the Class Action that way. Right now the economy is ests. Fairness Act. It is the pending business growing. It has started to move again. The American people deserve for us before the body today. I want to spend We have had some lethargic times, but to be serious about fiscal policy, about a few minutes talking about this bill it is growing, it is moving, it is cre- trade policy and about tax policy, and and talking about it in the context of ating jobs, and that creates receipts at for us to begin to put together a plan some of the issues that the prior speak- the Government level—Federal, State, to put this country back on track. It is er has spoken about, the Senator from and local. That is starting to happen. not all the fault of one side or the North Dakota, whom I have worked The second piece of that equation is other. But if both sides do not pull in with on a number of issues over time. you have to restrain your growth of the right direction, this country can- We agree on some issues; we disagree Federal spending. As your receipts go not provide economic health and oppor- on some. We hopefully are going to be up, you cannot spend it at the same tunity and growth in the future. able to work together on a number of rate. You have to spend it at a slower What is happening in this country no these issues. rate. That is what the President is try- one on this floor recognizes because no I view this bill as a chance for us to ing to do with this budget. He is say- one in the Senate has lost a job be- grow the economy, as a chance for us ing, OK, if we can get this type of cause of outsourcing; no one here has to do something to create jobs and op- growth, we will have a slower rate of

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1109 growth in the spending areas. You have pass is we need this to reform this por- even unconstitutional, it often cannot to spend it in more prioritized areas. tion of our legal system. be appealed until after an expensive Clearly, the war on terrorism, home- Class action lawsuits allow plaintiffs trial on the merits of the case. Facing land defense, key areas, and several whose injuries might not be worth the cost of litigation often forces de- others the President has identified, enough to justify bringing individual fendants to settle out of court with siz- that is how we are going to get at the suits to combine their claims into one able payments, even when the defend- deficit. I don’t agree with the whole lawsuit against a common defendant. ant will likely prevail under the law. budget document put forward. I do That is the nature of a class action. It These settlements have come to be agree with the structure of the plan, is to try to create a more efficient and known as a form of traditional black- that we get the deficit cut in half in equitable distribution. Class actions mail and are problematic to all Ameri- five and, as I say, I believe we need to are a valuable part of the legal system. cans because they make trial lawyers get it balanced in seven, so we can However, some trial lawyers have rich while imposing increased costs on hand it over to the next generation in found a weakness in the current sys- the economy, causing lower wages and a balanced situation. tem and developed a class action prac- higher prices for consumers. They also One plug I want to put in is, a num- tice devoted to finding opportunities create an environment of unpredictable ber of us put forward a bill previously to, in some cases, extract payments litigation costs and serve to chill the to create an overall commission within from American businesses. investment, entrepreneurship, and the the Federal Government to identify Currently in diversity cases, where capital needed for job creation. In programs that maybe have accom- plaintiffs reside in different States, short, class action abuse shortchanges plished their purposes and we need to trial lawyers can forum shop. That true victims while severely damaging go on and do something differently and means they can go to a place where the economic engines in this country. zero out programs and to identify those they think they will get a better jury, That is not to say all class actions that have accomplished their mission they think they will get better treat- are wrong, and this bill doesn’t impact or are wasteful Government spending ment rather than fair treatment, or a legitimate class actions. It basically and propose to the Congress to zero setting where the parties actually re- deals with the issue of forum shopping. them out, and then the commission side. Once a class action is certified, Class actions are still going to be give the Congress one vote on a whole they can force businesses into paying brought. They still will be brought. package of bills. Maybe it is 53 total expensive settlements, so it becomes They still need to be brought in this programs that need to be, maybe it is an extractive process that way. country. But you take away this issue, 253 that need to be eliminated. Give the Due to this abuse in the system, in- particularly this issue on forum shop- Congress one vote to eliminate all of jured plaintiffs are not getting the re- ping. them, keep them all, unamendable, and course they are supposed to get In response to the growing crisis in by that means then us starting to cut through class actions. It is documented class actions, Senator GRASSLEY has at some of the wasteful spending, that the legal system returns less than authored the Class Action Fairness which we do, which takes place. 50 cents on the dollar to the people it Act. It is a moderate, bipartisan ap- We used this sort of structured pro- is established to help and only 22 cents proach that addresses the most serious gram to get at our military bases to compensate for economic losses. Al- of the class action abuses by allowing where we had too many bases around though injured plaintiffs are receiving more large interstate class actions to the country, and we used this to get little of value in class action settle- be heard in Federal courts and by im- fewer bases and to get those bases the ments, unfortunately, we are seeing in plementing a consumer class action needed resources to serve our troops. I too many cases trial lawyers obtaining bill of rights that protects consumers want to use the same model through- large windfalls. from some of the most egregious out the Federal Government. That is I will give a couple of examples. One abuses in class action practice today. the way we can get at the budget. well-known example is the 2001 case The bill is the result of a bipartisan The previous speaker also spoke against Blockbuster. Customers al- compromise reached with Senators about Social Security. One of the prob- leged they were charged excessive late DODD, LANDRIEU, and SCHUMER in the lems he identified and that has been fees for video rentals and received $1 last session of Congress that narrowed spoken about is that we run a surplus coupons for the next trip to the video the group of cases that would be rein Social Security and then that is store, while their attorneys received movable to Federal court and added a spent in Government and then you bor- over $9 million. That is a lot of videos. Democratic provision put forward by row against the Federal Government Similarly, in Shields v. Bridgestone/ the Democratic Members to build at- for that. One of the beauties of cre- Firestone, a 2003 suit was filed for cus- torney’s fees in coupon settlement ating personal accounts in Social Secu- tomers who had Firestone tires that cases. It is important to remember rity is the Government can’t spend were among those the Government in- that this bill is merely court procedure that money. That is then the money of vestigated or recalled but who did not reform that will go a long way to end the individual, and there is actually suffer any personal injury or property abusive forum shopping. something there, instead of this Gov- damage. After a Federal appeals court S. 5 does not alter substantive law at ernment borrowing on one hand off of rejected class certification, they re- all or otherwise affect any injured indi- the Social Security account and on an- jected certifying that this was a class, vidual’s right to seek redress or to ob- other hand. So that when we get to both sides negotiated a settlement tain damages. It does not limit dam- about 2013, we are no longer running a which has received preliminary ap- ages, including punitive damages. It surplus in Social Security, we are run- proval of a Texas State court. Under does not limit those. It does not impose ning a deficit. And then the Govern- the agreement, the company is to rede- stricter pleading requirements. Rather, ment has to borrow in other places to sign certain tires, a move already the Federal courts will continue to pay Social Security. under way, irrespective of the lawsuit, apply the appropriate State or States’ That is not a good situation. That is and to develop a 3-year consumer edu- laws in adjudicating a class action suit. an untenable situation. That is not the cation and awareness campaign. But Some of the critics of this legislation sort of country or structure we want to the members of the class, the actual have stated that S. 5 will move all turn over to our kids. That is why this members of the class, the plaintiffs, re- class actions to the Federal courts, need to look at personal accounts, so ceived nothing. However, if the court which will become clogged, resulting in that the money is not spent, the money gives final approval, the lawyers will a windfall for corporate defendants. is safe. We get a higher rate of return. get $19 million. The facts do not support this allega- We get a rate of return on these funds. Over the past decade, class action tion. But our business at hand today is on lawsuits have grown by over 1,000 per- First, while S. 5 does expand Federal the Class Action Fairness Act. This bill cent nationwide, spurring a mass of court jurisdiction over class action, the needs to pass. I believe it will pass. I these kinds of hasty, unjust settle- bill is drafted to ensure that truly local believe it will pass with a substantial ments. This is because even if the class disputes will continue to be litigated in bipartisan vote. And the reason it will certification ruling is unmerited or State court. Most notably, the bill will

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1110 CONGRESSIONAL RECORD — SENATE February 8, 2005 leave in State court class actions in pact on the judicial system and in help- lost his leg in a car bomb blast last Oc- which the plaintiffs and defendants are ing us to reform that. That is some- tober. Hassan said, ‘‘I would have all residents of the same State, class thing we need to do. We need to move crawled here if I had to. I don’t want actions with fewer than 100 plaintiffs, forward on the budget deficit, we need terrorists to kill other Iraqis like they class actions that involve less than $5 to move forward to make sure we have tried to kill me. Today I am voting for million, shareholder class actions al- a true trust fund in Social Security, peace.’’ leging breaches of fiduciary duty, any and we need to move forward in litiga- The act of voting by ordinary Iraqis class action in which a State govern- tion reform. All these are positive in the face of extreme danger confirms ment entity is a primary defendant, steps for our future. I hope we can con- President Bush’s belief that people and any class actions brought against a tinue, as with this bill, to work it for- around the globe, when given a chance, company in its home State in which ward on a bipartisan basis. will choose liberty and democracy over two-thirds or more of the class mem- Mr. President, I suggest the absence enslavement and tyranny. Human bers are also residents of that State. of a quorum. beings crave freedom at their core. Secondly, the average State court The PRESIDING OFFICER. The Early estimates by Iraq’s Inde- judge is assigned three times as many clerk will call the roll. pendent Electoral Commission show cases as his or her Federal counter- The assistant legislative clerk pro- that about 8 million of the nearly 14 parts. State court judges are assigned, ceeded to call the roll. million registered voters cast their bal- on average, about 1,500 new cases each Mr. DURBIN. Mr. President, I ask lot on Sunday—a turnout almost equal year. For example, in California, the unanimous consent that the order for to the number of Americans who voted average judge was assigned 1,501 cases the quorum call be rescinded. last November without the threat of in 2001. In Florida, the average was The PRESIDING OFFICER. Without snipers or suicide bombers. 2,210. In New Jersey, the average was objection, it is so ordered. In the words of Arkan Mahmoud 2,620. In Texas, it was a little over 1,600 AMENDMENT NO. 3, AS MODIFIED Jawad, who came to vote with his cases. In contrast, each Federal court Mr. DURBIN. Mr. President, earlier I mother and younger brother, ‘‘This is judge was assigned an average of 518 offered an amendment at the desk the salvation for the Iraqis. I hate the new cases during the 12-month period which needs to be modified. I ask that terrorists, and now, I am fighting them ending September 30, 2002. the amendment, under the rules, be by my vote.’’ The exponential growth of State modified accordingly to reflect the These are people who were beaten court class action filings over the last pages and lines of the bill. down by the brutal regime of Saddam decade has added to the workload prob- The PRESIDING OFFICER. The Hussein. That is exactly why they want lem of State court judges who, in many amendment is so modified. to reclaim their country through these cases, unlike their Federal counter- The modification is as follows: elections. They know what the cost of parts, do not have a number of law On page 21, before the semicolon at the end failure would be. clerks, magistrate judges, or special of line 2, insert ‘‘or by the court sua sponte’’. And they know all too well that tyr- masters to help with particularly time- On page 21, line 9, strike ‘‘solely’’. anny breeds isolation. Any dissent consuming tasks involving supervising Mr. DURBIN. Thank you, Mr. Presi- from Saddam Hussein’s regime could complex cases. Since many State dent. result in torture or death. Neighbors courts or tribunals of general jurisdic- I suggest the absence of a quorum. couldn’t trust neighbors. Families were tion hear all sorts of cases, from traffic The PRESIDING OFFICER. The torn apart. All this leaves scars on a violations, to divorces, to felonies, clerk will call the roll. nation that may take generations to judges who are distracted by class ac- The assistant legislative clerk pro- heal. tions do not have enough time to focus ceeded to call the roll. I believe that voting is the first act on providing basic legal services for Mr. BROWNBACK. Mr. President, I of building a community as well as the community that they serve. ask unanimous consent that the order building a country. With the election Finally, recent surveys have shown for the quorum call be rescinded. we saw a peaceful majority reclaiming that the majority of class actions in The PRESIDING OFFICER. Without their birthright. We saw people gaining many jurisdictions would remain in objection, it is so ordered. courage from realizing that they were not alone—that their friends and State court under this bill. As far as f those cases that could be heard in Fed- neighbors and relatives were going to eral court under S. 5, many of them in- MORNING BUSINESS vote—and that they could vote too. To- volve copycat class actions filed in dif- Mr. BROWNBACK. Mr. President, I gether they are building their future. ferent jurisdictions, which Federal ask unanimous consent that there be a Here is one description of how voting judges can consolidate under one judge. period for morning business with Sen- progressed: Therefore, moving more class actions ators permitted to speak therein for up The first Iraqis on the streets seemed tense to Federal court would actually reduce to 10 minutes each. as well, not smiling and not waving back. the burden for everyone. The PRESIDING OFFICER. Without But as the day unfolded, and more and more Ultimately, this bill will allow objection, it is so ordered. voters took to the streets, a momentum claims with merit to go forward while seemed to gather, and by mid-morning f Karada’s main street was jammed with peo- preventing judicial blackmail. That IRAQ VOTES FOR FREEDOM ple who had voted and people on their way to has become, unfortunately, something vote. Some Iraqis, walking out of the polling involved in our judiciary today. Mr. ENSIGN. Mr. President, I rise to places, used their cellphones to call friends I urge my colleagues to vote a clean speak about the recent historic elec- and urge them to come. Some banged on class action bill out of the Senate, to tions in Iraq—elections that had been their neighbors’ doors and dragged them out vote against any amendments that anticipated by an anxious global com- of bed. Old men rolled up in wheelchairs. would dilute the bill and stop us from munity for some time. Women came in groups, lining up in their moving this reform forward, and that This election is the story of true pa- long, black, head-to-toe abayas. The out- would help in job creation in the triots who knew the odds and decided pouring, which filled Karada’s streets with Shiites, Christians and even some Sunnis, United States. This is a small measure. to beat them. This is the story of the surprised the Iraqis themselves. When Ehab I think we should do more, but it is an millions of Iraqis who defied the Al Bahir, a captain in the Iraqi Army, ar- appropriate measure. It moves us in threats and the intimidation of ‘‘ ter- rived at Marjayoon Primary School, he the right direction. It helps in the cre- rorists to cast their votes for a bright- braced himself for insurgent attacks. The ation of jobs in the United States and er future in Iraq. mortar shells arrived, as he anticipated, but in litigation reform, which we des- News reports are flush with first- so did the Iraqi voters, which he did not. perately need in this country. hand accounts from observers. The re- Voting was an act of defiance against These sort of bipartisan, modest ports paint a picture of a people acting the terrorists and an affirmation that steps, while they won’t have perhaps as on their innate desire to be free. Iraqis control their own destiny big a positive impact as we would like One such account details the deter- through self-government. The people of them to have, will have a positive im- mination of Samir Hassan, who at 32 Iraq realize that a stable, successful,

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1111 democratic Iraq can only come about if go down as one of the most important for details and explore all sides of par- average Iraqis are willing to sacrifice dates in modern history. I’m inclined ticular issues reflects both his skill and to build it. to believe it will. But between now and his dedication to his work. On Sunday, they rose to the occa- when the history books are written it I first met Dean when he was a fresh- sion. Some lost their lives, but their was enough, for me, to stand in awe of faced young man that I hired for an lives were not lost in vain. I am con- the courage of a free people half a entry-level mail processing job. I was vinced that a country by the Iraqi peo- world away. impressed by his enthusiasm, his belief ple and for the Iraqi people will be f in the good people of South Dakota, built on the foundation laid down by and his political abilities that were de- the voters on Sunday. And having sac- LOCAL LAW ENFORCEMENT veloped well beyond his years. A few rificed to gain a democratic Iraq, they ENHANCEMENT ACT OF 2005 years later, I asked him to run my 1994 won’t let it go easily. Mr. SMITH. Mr. President, I rise reelection campaign. After the cam- Baghdad’s mayor was overwhelmed today to speak about the need for hate paign was over, I hired him back to do by the turnout of voters at city hall crimes legislation. Each Congress, Sen- legislative work in my congressional where thousands were celebrating and ator KENNEDY and I introduce hate office. For the past several years, he holding up their purple ink-stained fin- crimes legislation that would add new has served as my economic develop- gers with pride. The mayor said, ‘‘I categories to current hate crimes law, ment director and has worked very cannot describe what I am seeing. It is sending a signal that violence of any hard to advance South Dakota’s pros- incredible. This is a vote for the future, kind is unacceptable in our society. perity and to diversify our economy. for the children, for the rule of law, for Likewise, each Congress I have come to Dean’s departure is a huge loss to humanity, for love.’’ It is truly a new the floor to highlight a separate hate South Dakota, and I personally know beginning for Iraq. crime that has occurred in our coun- that he struggled with the decision to The election in Iraq clearly dem- try. leave my office. His kind of leadership onstrates that Iraqi people are like On September 24, 2004, a young man and character is exactly what the eco- people everywhere. They desire to cre- was attacked outside of a club in nomic development community needs ate a future in an environment that is Davis, CA. The attack on the victim to evolve and succeed in the future. I safe and allows them to reach their full was apparently due to a case of mis- wish but the best for him on all his ex- potential as human beings, whatever taken identity. The victim in the case citing new challenges and opportuni- that potential may be. The election did resembled a gay man known by the as- ties. It is with great honor that I share not occur in a vacuum. It is the latest sailant, and the attack was motivated his impressive accomplishments with and most dramatic example of Iraqis by the attacker’s belief that the victim my colleagues. taking control of their country’s des- was gay. During the attack, the victim f tiny. suffered a broken nose and was In less than a year, the Iraqi Regular knocked unconscious by his assailant. BLACK HISTORY MONTH Army and Intervention Forces have The attacker repeatedly yelled slurs Mr. SMITH. Mr. President, each Con- grown from one operational battalion regarding the victim’s sexual orienta- gress I rise to honor February as Black to 21 battalions, with six more sched- tion during the assault. History Month. Each February since uled to become operational over the I believe that the Government’s first 1926, our Nation has recognized the next month. duty is to defend its citizens, to defend contributions of Black Americans to Last month, the Iraqi National them against the harms that come out the history of our Nation. Guard was incorporated into the Army, of hate. The Local Law Enforcement This is no accident; February is a sig- making a total of 68 Iraqi battalions Enhancement Act is a symbol that can nificant month in Black American his- conducting operations. become substance. I believe that by tory. Abolitionist Frederick Douglass, Today, the Iraqi Police Service has passing this legislation and changing President Abraham Lincoln, and schol- over 55,000 trained and equipped police current law, we can change hearts and ar and civil rights leader W.E.B. officers, more than double the amount minds as well. DuBois were born in the month of Feb- of just 6 months ago. More than 38,000 f ruary. The 15th Amendment to the additional police are on duty and Constitution was ratified 132 years ago scheduled for training. DEAN MEINEN this month, preventing race discrimi- As of last month, more than 108,000 Mr. JOHNSON. Mr. President, I rise nation in the right to vote. The Na- local Iraqis had been hired to work on today to publicly recognize Dean tional Association for the Advance- U.S.-funded reconstruction projects, Meinen of my D.C. staff on his con- ment of Colored People was founded in using as many local subcontractors as tributions and accomplishments to my February in New York City. Last Tues- possible. office and the State of South Dakota. day, February 1, was the 45th anniver- Yes, things are, indeed looking up for For years, Dean Meinen has served as sary of the Greensboro Four’s historic Iraq and the Iraqi people. But there is my economic development director. He sit-in. And on February 25, 1870, this still hard work ahead. It is a difficult is leaving my office to go work with body welcomed its first black Senator, process to transform a society that has Strategic Marketing Innovations, Hiram R. Revels of Mississippi. never known democracy. One hopeful which represents science and tech- In this important month I want to sign occurred earlier this week when nology firms throughout the country. celebrate some of the contributions influential figures from the Sunni com- I know first hand that Dean has done made by Black Americans in my home munity signaled their willingness to a great deal to enhance opportunity State of Oregon. Since Marcus Lopez, engage the new Iraqi government and and prosperity all across South Da- who sailed with Captain Robert Gray play a role in drafting the constitution. kota. He is an extraordinarily talented in 1788, became the first person of Afri- Thirteen parties, including a represent- person with a great deal of energy and can descent known to set foot in Or- ative of the powerful Association of ambition. Dean is not only a great egon, a great many Black Americans Muslim Scholars and other parties that friend, but a well-respected staffer have helped shape the history of my boycotted the vote, agreed Thursday to throughout the U.S. Senate. He has State. Throughout this month, I will take part in the drafting of the con- earned the respect and admiration of come to the floor to highlight some of stitution, which will be the transi- all those who have had the opportunity their stories. tional parliament’s main task. The to work with him. His passion and love Beatrice Cannady moved to Oregon leading Shiite candidate to be Iraq’s for his work have improved the lives of in 1910. Soon thereafter she married new Prime Minister welcomed these countless South Dakotans. Dean’s E.D. Cannady, who was the founder of overtures and said he was willing to friendly demeanor and wealth of the Advocate, Portland’s only African- ‘‘offer the maximum’’ to involve Sunni knowledge have helped him develop American newspaper at the time. Bea- Arabs in the new government. close relationships with his colleagues trice Cannady quickly became one of Yes, change takes time, and only and with community leaders through- the most important civil rights activ- time will tell if the Iraqi election will out our State. His tireless effort to dig ists in Oregon. Just 4 years after her

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1112 CONGRESSIONAL RECORD — SENATE February 8, 2005 arrival, she helped found Portland’s and county governments declined just the press who covered that historic chapter of the National Association for as significantly. The reasons for the de- event with the security concerns re- the Advancement of Colored People, clining timber harvest are many; ap- quired by the Secret Service. NAACP. She eventually became the peals and litigation by special interest During that time, and for more than chief editor of the Advocate, and often groups, wildfires destroying valuable a quarter century, Larry served the used the newspaper as a pulpit from timber, internal Forest Service red- news correspondents of the Senate and which to protest the State’s discrimi- tape, and each of those issues needs to House with distinction. I ask unani- natory policies. be addressed to ensure the Forest Serv- mous consent to print in the RECORD In 1922, Beatrice Cannady became the ice is meeting its obligation to restore the following thoughtful tribute to first African-American woman to be healthy forests and the communities Larry from his colleague, Mike admitted to the Oregon Bar. She helped that depend on them. This act is im- Viqueira, chairman of the Executive craft Oregon’s first civil-rights legisla- portant because it doesn’t punish Committee of Correspondents of the tion providing full access to public ac- schools and counties when timber har- Congressional Radio-TV Galleries. commodations regardless of race or vests are uncertain. There being no objection, the mate- color. Although this legislation was ul- In 2000, just like in 1908, Congress rial was ordered to be printed in the timately defeated, she was successful recognized these States and counties RECORD, as follows: in leading a drive to repeal the ‘‘Black needed stability in the 25-percent pay- FAREWELL TRIBUTE TO LARRY JANEZICH Laws’’ of Oregon which excluded Afri- ments in order to plan year to year and (By Mike Viqueira, written with the can-Americans from residing in the provide valuable services. Without the assistance of Dean Norland of ABC News) State. Secure Rural Schools Act, in 2004, Mon- Larry came here when the Senate gallery Through the NAACP, Beatrice tana counties would have received only was little more than a broom closet and has Cannady was instrumental in ending $6 million, rather than the $11.7 million ended up devoting most of his life to the place. There were very few producers or ‘‘off- school segregation in Vernonia, OR and provided under the 2000 act. The edu- airs’’ in those days, just reporters who Longview, WA. She traveled through- cation of nearly 100,000 Montana worked on typewriters and used dial tele- out Oregon to give lectures in schools schoolchildren in 170 school districts in phones. The wire machines clacked and about African-American history, and 34 counties is affected by these pay- ticked . . . someone had to rip them and post hosted parties in an attempt to allevi- ments. them, and change the ribbon. You could ate tensions between white and black Another benefit of the act is the ‘‘full smoke a cigar in the gallery studio and there members of communities. In 1932, she payment’’ option. Under this option, was a leather couch in case someone wanted to take a nap. launched a campaign to represent Or- counties can reserve 15 to 20 percent of There were no live shots. If it were a really egon’s 5th Congressional District in the payment for title II, Public Land big event and you wanted to go live, then Congress. Projects. These project funds are allo- you had to get the phone company out here Although Beatrice Cannady moved cated by a 15-person Resource Advisory to install a cable about as thick as your away from Oregon in 1934, she will be Committee, RAC, comprised of tribal thumb, and only 3 or 4 film crews showed up remembered as one of Oregon’s most members, local elected officials, and for news conferences in the tiny studio. influential civil rights pioneers. Federal land user organizations. Larry has seen and been a part of a lot of She is only one example of the black Let me give you some examples of history during his tenure . . . from Water- gate hearings . . . debates over wars from men and women who changed the title II projects funded in Lincoln Vietnam to Iraq . . . the Clarence Thomas course of history in Oregon and in the County, where the RAC allocated $1.6 hearings . . . Inaugurations of presidents and United States. During the remainder of million in project work that included the impeachment trial of one of them. He Black History Month, I will return to improving soil and water quality at a was here when terrorists set off explosions the floor to celebrate more Oregonians ski area; restoration of a mile of bull on the Senate side. Those are just the most like Beatrice Cannady, whose contribu- trout and west slope cutthroat stream notable events. tions, while great, have not yet re- habitat; and road maintenance projects But what we don’t often consider is all the little, day-to-day, year-to-year jobs that the ceived the attention they deserve. to improve water quality. gallery director handles for our membership f I have talked with county commis- . . . from stewardship of the TASC funds to sioners and other Montanans who are REAUTHORIZATION OF THE SE- the compilation of the minutes of these very RAC members. The RACs have fostered CURE RURAL SCHOOLS ACT OF meetings, Larry has done it all with con- a spirit of cooperation and focus on scientious professionalism. He has worked 2000 what everyone has in common and en- too many late nights to even remember and Mr. BURNS. Mr. President, today I courage stewardship of our national assuredly had to change many vacation rise in support of S. 267, to reauthorize forests. plans, tailoring his life to the whims and ca- the Secure Rural Schools and Commu- price of the U.S. Senate. I can’t think of anything better to Larry is both a loyal Senate employee and nity Self-Determination Act of 2000. I celebrate the 100-year anniversary of a student of the institution, and there can be cosponsored the original 2000 act be- our national forests than the reauthor- no doubt that he cares very passionately cause it stabilized payments to Mon- ization of the Secure Rural Schools and about what happens here. He has always tana’s timber producing counties. Community Self-Determination Act. tried to strike a fair balance between the government and the press; to negotiate fair- In 1905, the establishment of the na- f tional forests removed over 150 million ly the no-man’s-land that describes the rela- acres in the Western States, including TRIBUTE TO LARRY JANEZICH tionship between the two. 16 million acres in Montana, from fu- Mr. WARNER. Mr. President, I seek His job is an interesting one. No doubt it is sometimes enjoyable, and sometimes dif- ture private property ownership. To recognition today to pay tribute to an ficult. Larry is not only a very good cook compensate the States and counties for able and valued member of the Senate (his polenta is said to be top notch) but an this loss of property tax revenue, Con- family, Larry Janezich, who retires ardent Dylan fan. So, now as you put the gress passed the Twenty-Five Percent this month after nearly four decades of Capitol in the rear view, it’s time to go out Fund Act of 1908. The act provided that service to this institution. and enjoy life. So Larry, remember that even 25 percent of receipts from each na- As a former chairman of the Senate though it’s all over now, Baby Blue*, don’t tional forest would be paid to the State Rules Committee, it was my pleasure think twice, it’s alright.** *‘‘It’s All Over Now, Baby Blue’’ by Bob and county where the national forest is to work closely with Larry and his Dylan, Copyright© 1965; renewed 1993 Special located for the benefit of public schools staff as they managed coverage for Rider Music and public roads. Until the decline of Senate hearings, news conferences, and **‘‘Don’t Think Twice, It’s Alright’’ by Bob the timber harvest program, the 1908 other media events during my time as Dylan, Copyright© 1963; renewed 1991 Special act provided enough funding to the head of that panel. Rider Music States and counties. As chairman of the Joint Congres- Mr. WARNER. Mr. President, I think However, beginning in the 1990s both sional Committee on the Presidential it is fair to say that each of us in the nationally and in Montana, the timber Inauguration in 1997, I had the oppor- Senate joins Larry’s colleagues in of- harvest program declined over 85 per- tunity to observe firsthand Larry’s fering this tribute and we wish him cent and Federal payments to State great skill in balancing the demands of best of luck in his retirement.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1113 ADDITIONAL STATEMENTS bration of the significant contributions dent of the board of directors of the the institution has made to the citi- Pioneers Museum Foundation and past zens of Missouri and the nation over president of the Pikes Peak Chapter of TRIBUTE TO SOUTHWEST the past 100 years. the Retired Officers Association. MISSOURI STATE UNIVERSITY Southwest Missouri State University Bill has been active in the political ∑ Mr. BOND. Mr. President, I wish to was founded March 17, 1905, in Spring- arena since retiring from the military. recognize the 100th anniversary of field as Missouri State Normal School, He is a graduate of the Republican Southwest Missouri State University. Fourth District, and has ‘‘Dared to Leadership Program, class of 1990. Bill The university was founded March 17, Excel’’ for the past 100 years. The is also a member of the El Paso County 1905, in Springfield as Missouri State Southwest Missouri State University Republican Men’s Club, and is a grad- Normal School, Fourth District, and System, including its campuses in West uate of the Colorado Republican Cam- has ‘‘Dared to Excel’’ for the past 100 Plains and Mountain Grove, are cele- paign School. He was elected to the years. brating the centennial year from July Colorado House of Representatives in The Southwest Missouri State Uni- 1, 2004, through June 30, 2005; and 1996, 1998, 2000 and 2002. Term limits is versity System, including its campuses During its 100 years, the institution the reason he isn’t running again how- in West Plains and Mountain Grove, has successfully operated under four ever, he isn’t about to sit still and do are celebrating their centennial year names: Missouri State Normal School, nothing. The governor recently ap- from July 1, 2004, through June 30, 2005. Fourth District; Southwest Missouri pointed him to the State Board of Vet- The ‘‘Dare to Excel’’ theme is most State Teachers College; Southwest erans Affairs. As a member of Veterans appropriate for this university that has Missouri State College; and Southwest Affairs his goal is to create a veterans never rested on its laurels. To quote Missouri State University. cemetery in El Paso County. SMS President John H. Kaiser, ‘‘Over The institution has ‘‘opened the door Mr. Sinclair has lived in Colorado the first 100 years of its existence, the of opportunity’’ for students for the Springs, CO, for 30 years. He and his institution has changed dramatically. past century; and its faculty, staff, and family moved there upon retiring from But one thing has remained the same: students have distinguished themselves the United States Air Force as a colo- SMS has opened the door of oppor- in academics, in research, in public nel. He is a command pilot and a com- tunity for young people from Spring- service, and in cocurricular activities. bat veteran of three wars—World War field, the region, the state, the nation Since 1995, SMS has been further dis- II, Korea and Vietnam. Bill and his and now, world. The Centennial year tinguished by its statewide public af- wife, Barbara have two children where will be one of celebration, but it also fairs mission and has had a profound they attended Colorado Springs schools will be one of reflection and re-dedica- effect on Springfield, southwest Mis- and Colorado universities. Bill and Bar- tion to that noble purpose. The result souri, the entire State, the Nation, and bara have five wonderful grandchildren will be the new long-range plan, Daring the world. It has contributed to the and spend as much time with them as to Excel, which will take the institu- economic development of the region they possibly can. It is not often that we are able to pay tion from 2005 to 2010.’’ and the State, impacting the area adequate tribute to our Nation’s com- Southwest Missouri State University economy by nearly $2 million per day. has ‘‘opened the door of opportunity’’ Southwest Missouri State University munity leaders. I truly believe that for students the past century. Its fac- has improved the quality of life for Bill Sinclair is an exemplary citizen and worthy of our thanks.∑ ulty, staff, and students have distin- citizens in Springfield, the region, and guished themselves in academics, in re- the State and the future is bright for f search, in public service, and in cocur- the 21st century. RETIREMENT OF HAROLD J. ricular activities. Offering more than I am proud to request that Thursday, HOWRIGAN OF FAIRFIELD, VT 150 undergraduate and 43 graduate aca- March 17, 2005, be proclaimed ‘‘South- ∑ Mr. LEAHY. Mr. President, I am demic programs, SMS is committed to west Missouri State University Found- pleased to take this opportunity to helping students succeed in their own ers Day,’’ with sincere appreciation commend a longtime friend and adviser lives and as active citizens. and appropriate celebration of the sig- who has spent his career in service to During its 100 years, the university nificant contributions the institution Vermont and American agriculture, has had four names—Missouri State has made to the citizens of Missouri Harold J. Howrigan of Fairfield, VT. Normal School, Fourth District; and the nation over the past 100 years.∑ Harold has served the dairy industry Southwest Missouri State Teachers f long and well, bringing his farmer’s in- College; Southwest Missouri State Col- TRIBUTE TO BILL SINCLAIR genuity, common sense and persever- lege; and Southwest Missouri State ance to his efforts. He has served on ∑ University—changed each time to more Mr. ALLARD. Mr. President, today I the St. Albans Co-operative Board of accurately reflect what the institution pay tribute to William ‘‘Bill’’ Sinclair. Directors since 1981 and at the upcom- has become. Bill is a cum laude alumnus of St. Mar- ing 2005 Annual Meeting he will be There have been significant changes tins College in Olympia, WA and he has stepping down to enjoy time with his at the institution over the past 100 done graduate work in Finance and Ad- family on their home farm in Fairfield. years. Since its founding, it has seen ministration at Emory University in Harold, his wife Anne and their sons its student population grow from 173 to Atlanta. Bill is currently self-employed operate two farms comprised of over over 20,000. The full-time faculty has as a consultant in fundraising for 500 head of cattle, some 1,800 acres of increased from 8 to 718, and the aca- churches and other nonprofit corpora- cropland and forest, including a signifi- demic programs have grown from one tions in the western United States. cant maple sugaring operation. Harold to nearly 200. In 1006 there was one Throughout his life, Bill has given his and Anne have opened their home and building, but now there are 61. time generously to worthy causes, the farm to many dairy industry lead- Since 1995, Southwest Missouri State dedicated to the betterment of our ers, international dignitaries, govern- University has been further distin- community and nation. ment officials, co-op customers and, I guished by its statewide public affairs Bill has been heavily involved in the daresay, even a campaign commercial mission and has had a profound effect Colorado Springs community. He is the or two along the way. Anyone who has on Springfield, southwest Missouri, the past president of Downtown Rotary had the good fortune to visit the entire State, the Nation, and the Club. He is a 1982 graduate of Citizens’ Howrigans enjoys the beautiful views world. It has contributed to the eco- Goals for Colorado Springs Leadership and witnesses the hard work and pride nomic development of the region and Training. He served on the Board of Di- that Harold and his family take in the the State, impacting the area economy rectors of CHINS–UP from 1983 to 1987. stewardship of their farming oper- by nearly $2 million per day. In 1987 the El Paso County Commis- ations. It is fitting that March 17, 2005, be sioners appointed him to the Board of As much as he loves that line of Fair- proclaimed ‘‘Southwest Missouri State Directors of the Pikes Peak Center, field hills, Harold has spent consider- University Founders Day,’’ with sin- where he served until 1993 and was able time away from his farming oper- cere appreciation and appropriate cele- chairman of the board. He is past presi- ation serving his community and

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1114 CONGRESSIONAL RECORD — SENATE February 8, 2005 Vermont agriculture. Locally, Harold from the President of the United Staff, Food and Drug Administration, De- is active in the St. Patrick’s Church States submitting nominations which partment of Health and Human Services, and the Franklin County Maple Pro- were referred to the appropriate com- transmitting, pursuant to law, the report of ducers Co-op. On the State level, he has mittees. a rule entitled ‘‘Medical Devices; Obstetrical and Gynecological Devices; Classification of served as president of the Green Moun- (The nominations received today are the Assisted Reproduction Laser System’’ tain Dairy Farmers Federation of Co- printed at the end of the Senate pro- (Doc. No. 2004N–0530) received on February 7, operatives and as a director with both ceedings.) 2005; to the Committee on Health, Education, the Vermont Maple Sugar Makers As- f Labor, and Pensions. sociation and the Vermont Dairy Pro- EC–616. A communication from Assistant motion Council. EXECUTIVE AND OTHER General Counsel for Regulatory Services, Of- Regionally, Harold was the chair- COMMUNICATIONS fice of Innovation and Improvement, Depart- ment of Education, transmitting, pursuant person of the Vermont Northeast Inter- The following communications were state Dairy Compact Commission. In to law, the report of a rule entitled ‘‘Sci- laid before the Senate, together with entifically Based Evaluation Methods—No- fact, Harold’s tireless efforts were a accompanying papers, reports, and doc- tice of Final Priority’’ (RIN1890–ZA00) re- key force in the establishment and suc- uments, and were referred as indicated: ceived on February 7, 2005; to the Committee cessful implementation of the North- EC–606. A communication from the Sec- on Health, Education, Labor, and Pensions. east Interstate Dairy Compact. The retary of Health and Human Services, trans- EC–617. A communication from Regula- long-standing relationship between mitting, pursuant to law, the annual surplus tions Coordinator, Centers for Disease Con- Harold and the Cooperative with the property report for fiscal year 2004; to the trol, Department of Health and Human Serv- Vermont Congressional Delegation was Committee on Health, Education, Labor, and ices, transmitting, pursuant to law, the re- critical in the passage of the Northeast Pensions. port of a rule entitled ‘‘Establishment of EC–607. A communication from the Sec- Vaccination Clinics; User Fees for Investiga- Interstate Dairy Compact at the national New Drug (IND) Influenza Vaccine tional level which provided stability to retary of Health and Human Services, transmitting, pursuant to law, a report on infer- Services and Vaccines’’ (RIN0920–AA11) re- dairy farmer income without adverse ceived on January 25, 2005; to the Committee effects on consumers. He has also tility and the prevention of sexually transmitted diseases from 2000 to 2003; to the on Health, Education, Labor, and Pensions. EC–618. A communication from the Deputy served as Chair of the Council of North- Committee on Health, Education, Labor, and Secretary of the Treasury, transmitting, east Farmer Cooperatives. Pensions. pursuant to law, the six month periodic re- In addition to championing the Com- EC–608. A communication from the Human port on the national emergency with respect pact, Harold has been active in other Resource Specialist, Department of Labor, to terrorists who threaten to disrupt the national dairy industry organizations transmitting, pursuant to law, the report of Middle East peace process that was declared a vacancy and designation of acting officer serving the interests of dairy farmers in Executive Order 12947 of January 23, 1995; in the position of Assistant Secretary for Oc- beyond Vermont on the U.S. Dairy Ex- to the Committee on Banking, Housing, and cupational Safety and Health Administra- port Council, and the National Milk Urban Affairs. tion, received on February 7, 2005; to the Producers Federation. As Chair of the EC–619. A communication from the Deputy Committee on Health, Education, Labor, and National Dairy Promotion and Re- Secretary of the Treasury, transmitting, Pensions. pursuant to law, the six-month periodic research Board, he was awarded the Rich- EC–609. A communication from the Sec- port on the national emergency with respect ard E. Ling Award for the distin- retary of Education, transmitting, pursuant to Liberia that was declared in Executive guished service in January of 2001. to law, a report concerning surplus Federal Order 13348 of July 22, 2004; to the Committee The St. Albans Cooperative Creamery real property disposed of to educational in- on Banking, Housing, and Urban Affairs. was most fortunate to benefit from stitutions; to the Committee on Health, Edu- EC–620. A communication from the Chair- Harold’s leadership over his years as cation, Labor, and Pensions. man of the Securities and Exchange Com- Director beginning in 1981, and as EC–610. A communication from the White mission, transmitting, pursuant to law, a re- board president since 1988. In his 24 House Liaison, Department of Education, port on the Commission’s management con- years with the Cooperative, Harold has transmitting, pursuant to law, the report of trols for fiscal year 2004; to the Committee a vacancy in the position of Commissioner of seen the Cooperative increase in yearly on Banking, Housing, and Urban Affairs. Education and Statistics, received on Janu- EC–621. A communication from the Regu- milk volume to over a billion pounds, ary 25, 2005; to the Committee on Health, build a partnership with Ben & Jerry’s latory Specialist, Office of the Comptroller Education, Labor, and Pensions. of the Currency, Department of the Treas- ice cream, expand its territory into EC–611. A communication from the White ury, transmitting, pursuant to law, the re- New York State, acquire the Inde- House Liaison, Department of Education, port of a rule entitled ‘‘ OCC Guidelines Es- pendent Dairymen’s Association and transmitting, pursuant to law, the report of tablishing Standards for National Banks’ develop a strategic relationship with a nomination confirmed for the position of Residential Mortgage Lending Practices’’ Dairy Farmers of America and Dairy Assistant Secretary, Special Education and (RIN1557–AC93) received on February 7, 2005; Marketing Services. Rehabilitative Services, received on January to the Committee on Banking, Housing, and Throughout his distinguished career, 25, 2005; to the Committee on Health, Edu- Urban Affairs. cation, Labor, and Pensions. EC–622. A communication from the Sec- Harold has remained among my most EC–612. A communication from the White trusted advisers on farm policy. I know retary of Commerce, transmitting, pursuant House Liaison, Department of Education, to law, the 2005 Report on Foreign Policy that I can always count on him to pro- transmitting, pursuant to law, the report of Controls; to the Committee on Banking, vide the unvarnished truth, based on the nomination confirmed for the position of Housing, and Urban Affairs. experience forged on a Vermont dairy Under Secretary, received on January 25, EC–623. A communication from the General farm with its tradition of hard work, 2005; to the Committee on Health, Education, Counsel, Federal Emergency Management common sense, simplicity, love of fam- Labor, and Pensions. Agency, Department of Homeland Security, ily and service to community, state EC–613. A communication from the White transmitting, pursuant to law, the report of and country. I join countless House Liaison, Department of Education, a rule entitled ‘‘List of Communities Eligible transmitting, pursuant to law, the report of Vermonters and Americans as we all for the Sale of Flood Insurance’’ (Doc. No. a nomination confirmed for the position of FEMA–7774 (44 FR 64)) received on February thank Harold for his years of service Deputy Secretary, on January 25, 2005; to the 7, 2005; to the Committee on Banking, Hous- and consider myself fortunate to call Committee on Health, Education, Labor, and ing, and Urban Affairs. him my friend.∑ Pensions. EC–624. A communication from the General f EC–614. A communication from the Direc- Counsel, Federal Emergency Management tor, Regulations Policy and Management Agency, Department of Homeland Security, MESSAGES FROM THE PRESIDENT Staff, Food and Drug Administration, De- transmitting, pursuant to law, the report of Messages from the President of the partment of Health and Human Services, a rule entitled ‘‘Final Flood Elevation Deter- United States were communicated to transmitting, pursuant to law, the report of minations’’ (44 CFR 67) received on February the Senate by Ms. Evans, one of his a rule entitled ‘‘Cardiovascular and Neuro- 7, 2005; to the Committee on Banking, Hous- logical Devices; Reclassification of Two ing, and Urban Affairs. secretaries. Embolization Devices’’ (Doc. No. 20003N–0567) EC–625. A communication from the General f received on February 7, 2005; to the Com- Counsel, Federal Emergency Management EXECUTIVE MESSAGES REFERRED mittee on Health, Education, Labor, and Agency, Department of Homeland Security, Pensions. transmitting, pursuant to law, the report of As in executive session the Presiding EC–615. A communication from the Direc- a rule entitled ‘‘Changes in Flood Elevation Officer laid before the Senate messages tor, Regulations Policy and Management Determinations’’ (Doc. No. FEMA–D–7565 (44

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1115 CFR 67)) received on February 7, 2005; to the mittee on Agriculture, Nutrition, and For- tion of unused health benefits in cafeteria Committee on Banking, Housing, and Urban estry. plans and flexible spending arrangements; to Affairs. EC–636. A communication from the Admin- the Committee on Finance. EC–626. A communication from the General istrator, Agricultural Marketing Service, By Mr. ENSIGN (for himself and Mr. Counsel, Federal Emergency Management Department of Agriculture, transmitting, REID): Agency, Department of Homeland Security, pursuant to law, the report of a rule entitled S. 310. A bill to direct the Secretary of the transmitting, pursuant to law, the report of ‘‘Lamb Promotion and Research Program: Interior to convey the Newlands Project a rule entitled ‘‘Suspension of Community Procedures for the Conduct of a Ref- Headquarters and Maintenance Yard Facility Eligibility’’ (Doc. No. FEMA–7859 (44 CFR erendum’’ (Doc. No. LS–04–06) received on to the Truckee-Carson Irrigation District in 64)) received on February 7, 2005; to the Com- January 25, 2005; to the Committee on Agri- the State of Nevada; to the Committee on mittee on Banking, Housing, and Urban Af- culture, Nutrition, and Forestry. Energy and Natural Resources. fairs. EC–637. A communication from the Admin- By Mr. SMITH (for himself, Mrs. CLIN- EC–627. A communication from Assistant istrator, Agricultural Marketing Service, TON, Ms. COLLINS, Mr. BINGAMAN, Ms. Secretary, Division of Investment Manage- Department of Agriculture, transmitting, CANTWELL, Mr. COLEMAN, Mr. ment, Securities and Exchange Commission, pursuant to law, the report of a rule entitled CORZINE, Ms. SNOWE, Mrs. FEINSTEIN, transmitting, pursuant to law, the report of ‘‘Milk in the Appalachian, Florida, and Ms. LANDRIEU, Mrs. MURRAY, Mr. a rule entitled ‘‘Certain Broker-Dealers Southeast Marketing Areas—Final Rule’’ DEWINE, Mr. BAYH, Mr. REED, Mr. Deemed Not To Be Investment Advisors’’ (AO–388–A16, AO–356–A38, and AO–366–A45; KERRY, Mr. SCHUMER, Mr. DAYTON, (RIN 3235–AJ78) received on January 25, 2005; DA–04–07) received on January 25, 2005; to the Mr. WYDEN, Mrs. LINCOLN, Mr. LIE- to the Committee on Banking, Housing, and Committee on Agriculture, Nutrition, and BERMAN, Ms. MIKULSKI, Mr. NELSON of Urban Affairs. Forestry. Florida, Ms. STABENOW, Mr. JOHNSON, EC–628. A communication from the General EC–638. A communication from the Execu- Mr. LEAHY, Mr. KENNEDY, Mr. FEIN- Council, National Credit Union Administra- tive Director, Commodity Futures Trading GOLD, and Mr. SARBANES): tion, transmitting, pursuant to law, the re- Commission, transmitting, pursuant to law, S. 311. A bill to amend title XIX of the So- port of a rule entitled ‘‘Federal Credit Union the report of a rule entitled ‘‘Adjustment of cial Security Act to permit States the option Ownership of Fixed Assets’’ received on Feb- Civil Monetary Penalties for Inflation’’ to provide medicaid coverage for low-income ruary 1, 2005; to the Committee on Banking, (RIN3038–AC13) received on January 25, 2005; individuals infected with HIV; to the Com- Housing, and Urban Affairs. to the Committee on Agriculture, Nutrition, mittee on Finance. EC–629. A communication from the Admin- and Forestry. By Mr. MCCAIN (for himself, Ms. CANT- EC–639. A communication from the General istrator, Rural Housing Service, Department WELL, and Mr. LEAHY): of Agriculture, transmitting, pursuant to Counsel, Executive Office for Immigration S. 312. A bill to implement the rec- law, the report of a rule entitled ‘‘Procedure Review, Department of Justice, transmit- ommendations of the Federal Communica- Notice on Surety’’ (RIN 0575–AC60) received ting, pursuant to law, the report of a rule en- tions Commission report to the Congress re- on January 25, 2005; to the Committee on Ag- titled ‘‘Background and Security Investiga- garding low-power FM service; to the Com- riculture, Nutrition, and Forestry. tions in Proceedings Before Immigration mittee on Commerce, Science, and Transpor- EC–630. A communication from the Admin- Judges and the Board of Immigration Ap- tation. istrator, Rural Housing Service, Department peals’’ (RIN1125–AA44) received on February By Mr. LUGAR (for himself, Mr. of Agriculture, transmitting, pursuant to 7, 2005; to the Committee on the Judiciary. DOMENICI, Mr. HAGEL, Mr. REED, Mr. law, the report of a rule entitled ‘‘Direct Sin- EC–640. A communication from the Assist- BIDEN, Mr. LEVIN, Ms. COLLINS, Mr. gle Family Housing Loans and Grants’’ ant Chief, Alcohol and Tobacco Tax and MCCAIN, and Mr. OBAMA): (RIN0575–AC54) received on February 7, 2005; Trade Bureau, Department of the Treasury, S. 313. A bill to improve authorities to ad- to the Committee on Agriculture, Nutrition, transmitting, pursuant to law, the report of dress urgent nonproliferation crises and and Forestry. a rule entitled ‘‘Production of Dried Fruit United States nonproliferation operations; EC–631. A communication from Acting Ad- and Honey Wines’’ (RIN1513–AC21) received to the Committee on Armed Services. ministrator, Agriculture Marketing Service, on February 7, 2005; to the Committee on the By Mr. CORNYN: Department of Agriculture, transmitting, Judiciary. pursuant to law, the report of a rule entitled EC–641. A communication from the Direc- S. 314. A bill to protect consumers, credi- ‘‘Raisins Produced from Grapes Grown in tor, Regulatory Management Division, Im- tors, workers, pensioners, shareholders, and California; Increased Assessment Rate’’ migration and Customs Enforcement, De- small businesses, by reforming the rules gov- (Doc. No. FV05–989–1FR) received on Feb- partment of Homeland Security, transmit- erning venue in bankruptcy cases to combat ruary 7, 2005; to the Committee on Agri- ting, pursuant to law, the report of a rule en- forum shopping by corporate debtors; to the culture, Nutrition, and Forestry. titled ‘‘Execution of Removal Orders: Coun- Committee on the Judiciary. EC–632. A communication from Acting Ad- tries to Which Aliens May Be Removed’’ By Mr. FEINGOLD: ministrator, Agricultural Marketing Serv- (RIN1653–AA41) received on January 25, 2005; S. 315. A bill to amend the Internal Rev- ice, Department of Agriculture, transmit- to the Committee on the Judiciary. enue Code of 1986 to provide that reimburse- ting, pursuant to law, the report of a rule en- EC–642. A communication from the Direc- ments for costs of using passenger auto- titled ‘‘Olives Grown in California: Redis- tor, Office of Surface Mining, Department of mobiles for charitable and other organiza- tricting and Reappointment of Producer the Interior, transmitting, pursuant to law, tions are excluded from gross income, and Membership on the California Olive Com- the report of a rule entitled ‘‘West Virginia for other purposes; to the Committee on Fi- mittee’’ (Doc. No. FV04–932–2FR) received on Regulatory Program’’ (WV–102–FOR) re- nance. February 7, 2005; to the Committee on Agri- ceived on February 7, 2005; to the Committee By Mr. FEINGOLD: culture, Nutrition, and Forestry. on Energy and Natural Resources. S. 316. A bill to limit authority to delay EC–633. A communication from the Admin- EC–643. A communication from the Sec- notice of search warrants; to the Committee istrator, Agricultural Marketing Service, retary of Energy, transmitting, pursuant to on the Judiciary. Department of Agriculture, transmitting, law, the Fiscal Year 2004 Competitive By Mr. FEINGOLD (for himself, Mr. pursuant to law, the report of a rule entitled Sourcing Activity Report; to the Committee AKAKA, Mr. BINGAMAN, Ms. CANT- ‘‘Exemption of Organic Handlers from As- on Energy and Natural Resources. WELL, Mr. CORZINE, Mr. DAYTON, Mr. DURBIN, Mr. JEFFORDS, Mr. KENNEDY, sessments for Market Promotion Activities f under Marketing Order Programs’’ (Doc. No. and Mr. WYDEN): FV03–900–1 FR) received on January 25, 2005; INTRODUCTION OF BILLS AND S. 317. A bill to protect privacy by limiting to the Committee on Agriculture, Nutrition, JOINT RESOLUTIONS the access of the Government to library, bookseller, and other personal records for and Forestry. The following bills and joint resolu- EC–634. A communication from the Admin- foreign intelligence and counterintelligence istrator, Agriculture Marketing Service, De- tions were introduced, read the first purposes; to the Committee on the Judici- partment of Agriculture, transmitting, pur- and second times by unanimous con- ary. suant to law, the report of a rule entitled sent, and referred as indicated: By Mr. FEINGOLD: ‘‘Exempting Organic Handlers from Assess- By Mr. LAUTENBERG (for himself and S. 318. A bill to clarify conditions for the ment by Research and Promotion Programs’’ Mr. CORZINE): interceptions of computer trespass commu- (RIN0581–AC15) received on January 25, 2005; S. 308. A bill to require that Homeland Se- nications under the USA-PATRIOT Act; to to the Committee on Agriculture, Nutrition, curity grants related to terrorism prepared- the Committee on the Judiciary. and Forestry. ness and prevention be awarded based strict- By Mr. DOMENICI (for himself and Mr. EC–635. A communication from the Admin- ly on an assessment of risk, threat, and KENNEDY): istrator, Agriculture Marketing Service, De- vulnerabilities; to the Committee on Home- S. 319. A bill to amend the Public Health partment of Agriculture, transmitting, pur- land Security and Governmental Affairs. Service Act to revise the amount of min- suant to law, the report of a rule entitled By Mr. DEMINT (for himself, Mr. SALA- imum allotments under the Projects for As- ‘‘Onions Grown in South Texas; Decreased ZAR, and Mr. ENSIGN): sistance in Transition from Homelessness Assessment Rate’’ (Doc. No. FV05–959–1 IFR) S. 309. A bill to amend the Internal Rev- program; to the Committee on Health, Edu- received on January 25, 2005; to the Com- enue Code of 1986 to provide for the disposi- cation, Labor, and Pensions.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1116 CONGRESSIONAL RECORD — SENATE February 8, 2005 By Mr. ALLARD: linois (Mr. OBAMA) were added as co- (Mr. SALAZAR) was added as a cospon- S. 320. A bill to require the Secretary of sponsors of S. 20, a bill to expand ac- sor of S. 239, a bill to reduce the costs the Army to carry out a pilot project on cess to preventive health care services of prescription drugs for medicare compatible use buffers on real property bor- that help reduce unintended preg- beneficiaries, and for other purposes. dering Fort Carson, Colorado, and for other purposes; to the Committee on Armed Serv- nancy, reduce the number of abortions, S. 265 ices. and improve access to women’s health At the request of Mr. FRIST, the By Ms. SNOWE (for herself, Mr. KOHL, care. name of the Senator from New Mexico Mr. ROCKEFELLER, and Ms. LAN- S. 50 (Mr. BINGAMAN) was added as a cospon- DRIEU): At the request of Mr. INOUYE, the sor of S. 265, a bill to amend the Public S. 321. A bill to provide more child support name of the Senator from Maryland Health Service Act to add require- money to families leaving welfare, to simplify the rules governing the assignment and (Ms. MIKULSKI) was added as a cospon- ments regarding trauma care, and for distribution of child support collected by sor of S. 50, a bill to authorize and other purposes. States on behalf of children, to improve the strengthen the National Oceanic and S. 266 collection of child support, and for other pur- Atmospheric Administration’s tsunami At the request of Mr. LAUTENBERG, poses; to the Committee on Finance. detection, forecast, warning, and miti- the names of the Senator from Massa- By Mr. JEFFORDS (for himself, Mr. gation program, and for other pur- chusetts (Mr. KERRY) and the Senator LEAHY, Mrs. CLINTON, and Mr. SCHU- poses. from Hawaii (Mr. INOUYE) were added MER): S. 77 S. 322. A bill to establish the Champlain as cosponsors of S. 266, a bill to stop Valley National Heritage Partnership in the At the request of Mr. SESSIONS, the taxpayer funded Government propa- States of Vermont and New York, and for names of the Senator from Delaware ganda. other purposes; to the Committee on Energy (Mr. CARPER) and the Senator from Ar- S. 285 and Natural Resources. izona (Mr. KYL) were added as cospon- At the request of Mr. BOND, the By Mr. TALENT: sors of S. 77, a bill to amend titles 10 names of the Senator from Missouri S. 323. A bill to authorize the Secretary of and 38, United States Code, to improve (Mr. TALENT) and the Senator from Illi- the Interior to study the suitability and fea- death benefits for the families of de- sibility of designating the French Colonial nois (Mr. DURBIN) were added as co- Heritage Area in the State of Missouri as a ceased members of the Armed Forces, sponsors of S. 285, a bill to reauthorize unit of the National Park System, and for and for other purposes. the Children’s Hospitals Graduate Med- other purposes; to the Committee on Energy S. 119 ical Education Program. and Natural Resources. At the request of Mrs. FEINSTEIN, the S. 286 f name of the Senator from Rhode Island At the request of Mr. DODD, the name (Mr. CHAFEE) was added as a cosponsor SUBMISSION OF CONCURRENT AND of the Senator from Michigan (Ms. of S. 119, a bill to provide for the pro- SENATE RESOLUTIONS STABENOW) was added as a cosponsor of tection of unaccompanied alien chil- S. 286, a bill to amend section 401(b)(2) The following concurrent resolutions dren, and for other purposes. of the Higher Education Act of 1965 re- and Senate resolutions were read, and S. 177 garding the Federal Pell Grant max- referred (or acted upon), as indicated: At the request of Mr. DOMENICI, the imum amount. By Mr. REID: name of the Senator from Utah (Mr. S. 288 S. Res. 43. A resolution designating the BENNETT) was added as a cosponsor of first day of April 2005 as ‘‘National Asbestos At the request of Mr. GREGG, the Awareness Day’’; to the Committee on the S. 177, a bill to further the purposes of name of the Senator from Wyoming Judiciary. the Reclamation Projects Authoriza- (Mr. ENZI) was added as a cosponsor of By Mr. ALEXANDER (for himself and tion and Adjustment Act of 1992 by di- S. 288, a bill to extend Federal funding Mr. COLEMAN): recting the Secretary of the Interior, for operation of State high risk health S. Res. 44. A resolution celebrating Black acting through the Commissioner of insurance pools. History Month; to the Committee on the Ju- Reclamation, to carry out an assess- S. 290 diciary. ment and demonstration program to At the request of Mr. BOND, the name By Mr. ALLEN (for himself, Mr. WAR- control salt cedar and Russian olive, NER, and Mr. SCHUMER): of the Senator from North Dakota (Mr. S. Res. 45. A resolution commending the and for other purposes. DORGAN) was added as a cosponsor of S. James Madison University Dukes football S. 187 290, a bill to amend the Internal Rev- team for winning the 2004 NCAA Division I– At the request of Mr. CORZINE, the enue Code of 1986 to exclude from gross AA National Football Championship; consid- name of the Senator from Rhode Island income certain hazard mitigation as- ered and agreed to. (Mr. CHAFEE) was added as a cosponsor sistance. By Mr. LUGAR (for himself, Mr. BIDEN, of S. 187, a bill to limit the applica- S. 302 Mr. HAGEL, and Mr. REID): bility of the annual updates to the al- S. Res. 46. A resolution commemorating At the request of Mr. KENNEDY, the the life of the late Zurab Zhvania, former lowance for States and other taxes in name of the Senator from Ohio (Mr. Prime Minister of the Republic of Georgia; the tables used in the Federal Needs DEWINE) was added as a cosponsor of S. considered and agreed to. Analysis Methodology for the award 302, a bill to make improvements in the By Mr. DEWINE (for himself and Mr. year 2005–2006, published in the Federal Foundation for the National Institutes BIDEN): Register on December 23, 2004. of Health. S. Con. Res. 10. A concurrent resolution S. 233 raising awareness and encouraging preven- S. 304 tion of stalking by establishing January 2006 At the request of Mr. ROBERTS, the At the request of Mrs. FEINSTEIN, the as ‘‘National Stalking Awareness Month’’; to name of the Senator from Tennessee name of the Senator from Louisiana the Committee on the Judiciary. (Mr. ALEXANDER) was added as a co- (Ms. LANDRIEU) was added as a cospon- By Mr. SESSIONS (for himself and Mr. sponsor of S. 233, a bill to increase the sor of S. 304, a bill to amend title 18, SHELBY): supply of quality child care. United States Code, to prohibit certain S. Con. Res. 11. A concurrent resolution S. 236 interstate conduct relating to exotic honoring the Tuskegee Airmen for their bravery in fighting for our freedom in World At the request of Mr. HAGEL, his animals. War II, and for their contribution in creating name was added as a cosponsor of S. At the request of Mr. LAUTENBERG, an integrated United States Air Force; to 236, a bill to amend title XVIII of the the name of the Senator from Cali- the Committee on Armed Services. Social Security Act to clarify the fornia (Mrs. FEINSTEIN) was added as a f treatment of payment under the medi- cosponsor of S. 304, supra. care program for clinical laboratory S. 306 ADDITIONAL COSPONSORS tests furnished by critical access hos- At the request of Ms. SNOWE, the S. 20 pitals. name of the Senator from Ohio (Mr. At the request of Mr. REID, the S. 239 DEWINE) was added as a cosponsor of S. names of the Senator from Minnesota At the request of Mr. WYDEN, the 306, a bill to prohibit discrimination on (Mr. DAYTON) and the Senator from Il- name of the Senator from Colorado the basis of genetic information with

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1117 respect to health insurance and em- [F]ederal homeland security assistance to think of this as a national interest, ployment. should not remain a program for general rev- to make sure that none of the areas of enue sharing. f high vulnerability are open to attack I think we are all agreed they did a any more than we can possibly do to STATEMENTS ON INTRODUCED splendid job. This was a focal point for prevent it because any attack in these BILLS AND JOINT RESOLUTIONS them. The 9/11 Commission reported areas will have a ripple effect through- By Mr. LAUTENBERG (for him- homeland security money is too impor- out the country. Again, these places self and Mr. CORZINE): tant to be caught up in porkbarrel poli- are an invitation to the terrorists. As S. 308. A bill to require that Home- tics. Unfortunately, our current home- much as we hate them, we know these land Security grants related to ter- land security funding is not based on people are not fools. We know they rorism preparedness and prevention be risks and threats. plan these things. We know they look awarded based strictly on an assess- Under current law, 40 percent of all for the most vulnerable targets. And ment of risk, threat, and State homeland security grants, over we should not permit those targets to vulnerabilities; to the Committee on $1 billion each year, are given out as go without the protection they fully Homeland Security and Governmental revenue sharing. The system results in deserve. Affairs. preposterous funding allocations. So I hope our colleagues will support Mr. LAUTENBERG. Mr. President, I For example, this year, New Jersey’s this bill. It would turn the 9/11 Com- rise today to speak on a matter of homeland security grant was cut, re- mission’s recommendations into law. great significance to our State and to duced by 34 percent. I remind those I ask unanimous consent that the many States across the country: pro- who are listening, New Jersey lost 700 text of our bill be printed in the tecting our homeland from another ter- of its citizens. Our funding was cut de- RECORD. rorist attack. spite the fact that we in New Jersey There being no objection, the bill was Everyone is aware of how difficult were under a code orange alert from ordered to be printed in the RECORD, as the fight is against terrorism, wherever August 1 to just after the election be- follows: it takes place in the world, and the cause of unspecified threats against the S. 308 number of casualties we have experi- Prudential Building in Newark. The Be it enacted by the Senate and House of Rep- enced in Iraq, that manifests itself in Prudential Building is a center of resentatives of the United States of America in Afghanistan and different countries. major financial activity and was high- Congress assembled, But one place we ought to be looking lighted as one of five locations that SECTION 1. SHORT TITLE. at in terms of protecting ourselves ought to be especially guarded. Yet the This Act may be cited as the ‘‘Risk-Based from terror is in the United States. We city of Newark saw its funding cut by Homeland Security Funding Act’’. should not be skimping on the costs or 17 percent. Another high-risk urban SEC. 2. FINDINGS. resources available for Homeland Secu- area, Jersey City—which is directly Congress agrees with the recommendation rity. My colleague Senator CORZINE across from where the Trade Centers on page 396 of the Final Report of the Na- and I today are introducing a bill to tional Commission on Terrorist Attacks were in New York, and where so much Upon the United States (commonly known as ensure that Federal Homeland Security of the rescue activity was directed, the ‘‘9/11 Report’’), which includes the fol- funds get sent where they are needed with police from that area, emergency lowing: most. response people—Jersey City saw its ‘‘Homeland security assistance should be On September 11, 2001, 700 of the peo- funding cut 60 percent. That does not based strictly on an assessment of risks and ple who lost their lives were from New make sense. vulnerabilities. . . . [F]ederal homeland secu- Jersey. On that terrible day, people of The FBI has identified a 2-mile strip rity assistance should not remain a program north Jersey could see the smoke ris- between the Port of Newark and New- for general revenue sharing. It should supple- ment state and local resources based on the ing from the World Trade Center. From ark-Liberty International Airport as my own home, I look directly at the risks or vulnerabilities that merit additional the most at-risk area in the entire support. Congress should not use this money World Trade Center. In my pre-Senate country for a terrorist attack—a 2-mile as a pork barrel.’’. day, I was commissioner of the Port stretch, highly visible. If you fly into SEC. 3. RISK-BASED HOMELAND SECURITY Authority of New York and New Jersey Newark-Liberty Airport, you see the GRANT FUNDING. and had offices in the Trade Center and bustling port that we have there and (a) CRITERIA FOR AWARDING HOMELAND SE- know what the hustle and bustle of life the activity that goes on. It is an area, CURITY GRANTS.—Except for grants awarded was there. Thousands and thousands of certainly, that would represent, in the under any of the programs listed under section 4(b), all homeland security grants re- people were working in those two FBI’s view, one of the most appealing buildings, destroyed by a terrorist that lated to terrorism prevention and terrorism targets for terror. Yet the area’s home- preparedness shall be awarded based strictly went beyond the wildest imagination. land security funding was cut. It defies on an assessment of risk, threat, and The New York-New Jersey region sense. vulnerabilities, as determined by the Sec- bore the brunt of those attacks on Sep- The system is broken. That is why retary of Homeland Security. tember 11. It continues to be the most my colleague, Senator CORZINE, and I (b) LIMITATION.—Except for grants awarded at-risk area. We are not the only ones are introducing the Risk-Based Home- under any of the programs listed under sec- at risk. States such as Virginia, with land Security Funding Act, to require tion 4(b), none of the funds appropriated for Homeland Security grants may be used for their military installation, their ports, that homeland security grants are allo- are also to be included, and a place of general revenue sharing. cated solely based on risk and threat to (c) CONFORMING AMENDMENT.—Section some threat, New Mexico, with Los Al- the area. 1014(c)(3) of the USA PATRIOT ACT (42 amos, and Florida with its ports, and Our bill would take the 9/11 Commis- U.S.C. 3714(c)(3)) is repealed. Texas with their ports. All of these sion’s recommendations and turn them SEC. 4. PRESERVATION OF PRE-9/11 GRANT PRO- States have to be on the alert all the into law. GRAMS FOR TRADITION FIRST RE- time and need funds with which to pro- President Bush understands that risk SPONDER MISSIONS . tect themselves. So I hope we can all and vulnerability must be the principal (a) SAVINGS PROVISION.—This Act shall not agree that homeland security funding be construed to affect any authority to yardsticks for distributing homeland award grants under a Federal grant program ought to be targeted to those parts of security funds. In the fiscal year 2006 listed under subsection (b), which existed on the country most at risk of another budget just released, President Bush September 10, 2001, to enhance traditional terrorist attack. stated that homeland security funds missions of State and local law enforcement, Now, the 9/11 Commission agrees with need to be allocated on risks, threats, firefighters, ports, emergency medical serv- this approach. They said: and vulnerabilities. ices, or public health missions. Homeland security assistance should be So I hope our colleagues will support (b) PROGRAMS EXCLUDED.—The programs referred to in subsection (a) are the fol- based strictly— the bill Senator CORZINE and I are in- ‘‘Strictly’’— lowing: troducing today. Our bill will set the (1) The Firefighter Assistance Program au- on an assessment of risks and gold standard for determining whether thorized under section 33 of the Federal Fire vulnerabilities. homeland security grants are being Prevention and Control Act of 1974 (15 U.S.C. They further say: properly allocated. I ask my colleagues 2229).

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1118 CONGRESSIONAL RECORD — SENATE February 8, 2005 (2) The Emergency Management Perform- New York and New Jersey. It is really sponders, making sure their commu- ance Grant Program and the Urban Search the Port of New Jersey and Elizabeth. nications equipment can talk to each and Rescue Grant Program authorized And that is in that 2-mile stretch. other, making sure they have the kinds under— Then on the other end of that 2-mile of equipment that would be able to re- (A) title VI of the Robert T. Stafford Dis- spond, as was so heroically done by the aster Relief and Emergency Assistance Act stretch is Liberty International or (42 U.S.C. 5195 et seq.); Newark Airport, which is, depending on people who responded to the 9/11 trag- (B) the Departments of Veterans Affairs which year and the number of flight edy. and Housing and Urban Development, and landings, the third or fourth busiest All this has to be put in the context Independent Agencies Appropriations Act, airport in America—the busiest airport of real-life experiences, though. And 2000 (Public Law 106–74; 113 Stat. 1047 et seq.); in the metropolitan region of New Senator LAUTENBERG talked about and York and New Jersey. that. Seven hundred people in our com- (C) the Earthquake Hazards Reduction Act In between, there are rail lines, munity died. This is a hot issue in the of 1977 (42 U.S.C. 7701 et seq.). chemical plants, oil refineries, all the State of New Jersey because it im- (3) The Edward Byrne Memorial State and economic assets that are important to pacted families, and it still is very Local Law Enforcement Assistance Pro- much a live part of their community. grams authorized under part E of title I of the economic distribution of assets the Omnibus Crime Control and Safe Streets across the east coast. People want to see action. They want Act of 1968 (42 U.S.C. 3750 et seq.). It is incredible, as Senator LAUTEN- to see changes as we go forward. And (4) The Public Safety and Community Po- BERG talked about, that this particular they want to see us be particularly fo- licing (COPS ON THE BEAT) Grant Program area is seeing these cuts. Newark is cused on those places where there are authorized under part Q of title I of the Om- getting cut 17 percent from 2004 to 2005, risks. nibus Crime Control and Safe Streets Act of and, unbelievably, Jersey City is get- It is hard for New Jerseyans to un- 1968 (42 U.S.C. 3796dd et seq.). ting cut 64 percent, from $17 million derstand when you put the city of New- (5) Grant programs under the Public ark on the highest alert, singled out, Health Service Act (42 U.S.C. 201 et seq.) re- down to about $6 million in homeland security, State, and local grants. It is along with New York City and Wash- garding preparedness for bioterrorism and ington, DC, one day, and then get your other public health emergencies; very hard to justify. You look at your homeland security funds cut by 20 per- (6) The Emergency Response Assistance constituents and say we are talking cent or so 6 months later when the al- Program authorized under section 1412 of the about the threat-based allocation of location comes out according to a for- Defense Against Weapons of Mass Destruc- risk, and we see these kinds of cuts mula, as apposed to thinking about tion Act of 1996 (50 U.S.C. 2312). given the kind of serious concerns that (7) Grant programs under the Robert T. where risks are. It is hard for the peo- we have. Stafford Disaster Relief and Emergency Act ple not only in Newark, but we have It is a national issue, it is not just a (42 U.S.C. 5121 et seq.). Hamilton, NJ, which had a post office New Jersey issue because if that air- Mr. CORZINE. Mr. President, I rise that was the site where all the anthrax port and that port come down, it has a today to join my colleague, Senator letters were sent out. We had to shut it major long-term impact on the econ- LAUTENBERG, in both support and the down. We spent $60 million cleaning up omy of the Nation. It is important. I introduction of the Risk-Based Home- that post office, just like we had to note, as Senator LAUTENBERG did, the land Security Funding Act. I think this clean up the Hart Building here in Senator from Virginia has ports that is simply urgent. It is fundamental to Washington. have a major impact on more than just the recommendations of the 9/11 Com- And people say, I do not really under- Virginia’s economic well-being. The mission, as Senator LAUTENBERG men- stand why we are not concerned about airports have more than just an eco- tioned. what is going on with regard to risk in nomic impact on the individual State. Quoting language that was in that New Jersey when we have these kinds We have to think about what the ripple Commission report: of practical realities: 700 of our citi- impact is as we go forward. So we have Homeland security assistance should be zens, orange alerts for Newark, Ham- to prioritize. ilton post office, and I could go on and based strictly on an assessment of risks and I am pleased the President cited al- vulnerabilities. on. There are a number of instances— most the same language in his budget Quoting further: Atlantic City, where the way the for- yesterday. Concentrating Federal funds mula works is, if you are not a town of [F]ederal homeland security assistance for State and local homeland security 225,000 people, you do not get consid- should not remain a program for general rev- assistance programs on the highest enue sharing. ered for these grants. We have about threats and vulnerabilities and needs is 40,000 people in Atlantic City, but that In fact, I believe we should relabel the Presidential goal. We need to does not take into account the people the bill. I had a little argument with translate that into specific legislative who come and visit there, which is my colleague from New Jersey. I think authority so we do not come up with about 100,000 on average a day; and we ought to call it the Common Sense formulas that are revenue sharing then all the people who work there, Homeland Security Act. It is only com- based. which is about another 40,000. So you mon sense. I think there is a consensus Forty percent of the funds currently are getting up toward those numbers. among all those who seriously con- allocated are based on just equal allo- And on peak days it can be 300,000 peo- template this issue that we need to be cation to the States. Nice idea, but we ple. It is the second highest concentra- smart and strategic about how we allo- ought to do that in other areas, not tion of casinos in the country. cate our limited homeland security re- with regard to homeland security I think we need to bring common sources. where we ought to deal with the na- sense to where we are focusing home- This is not a local issue, although tional economy, the national strategic land security dollars. I think that is people will often argue that we are try- interests of the country. So I hope we what this act is about. I am thrilled ing to speak only from parochial inter- can take this act, this commonsensical that we have Michael Chertoff who is ests. I think you have to think about approach, and implement it. stepping in as the Secretary of the De- this as protecting America where we By the way, I also wonder why we are partment of Homeland Security. I do are most vulnerable. It is a national cutting 30 percent to our State and not think there is a smarter guy, a issue. local communities. The first respond- more objective, intellectually honest Our economic assets are at stake. In ers are the first line of defense in pro- individual. I think he will push forward New Jersey, that 2-mile stretch Sen- tecting the American people and in re- with commonsense approaches to allo- ator LAUTENBERG spoke about in his sponding to these attacks. We cer- cation and recommendations. comments has the Port of Newark, tainly saw that in the 9/11 case. Finally, this bill does not cover other which is really what is often labeled I hope we can have a strong debate in programs. It does not include the COPS the Port of New York. Mr. President, 80 Congress about how we are allocating Program, fire grants, other things percent of all of the incoming cargo within the expenditures we have with where you need to be reflective of the containers that come into that east regard to homeland security. In my needs of general revenue sharing ap- coast port are in Newark and Eliza- view, there is too much ignoring of the proaches. This is dealing with home- beth. So you hear about the Port of reality of the need to fund our local re- land security the same way we deal

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1119 with national security. There we iden- mittee on Taxation estimates that ap- COLEMAN, Mr. CORZINE, Ms. tify what we think the threats are and proximately 76 percent of current FSA SNOWE, Mrs. FEINSTEIN, Ms. apply the resources to match those participants will take advantage of the LANDRIEU, Mrs. MURRAY, Mr. needs. rollover option each year. DEWINE, Mr. BAYH, Mr. REED, We need to bring common sense to Through this legislation, we can ex- Mr. KERRY, Mr. SCHUMER, Mr. this. I hope my colleagues will support pand access to health care for millions DAYTON, Mr. WYDEN, Mrs. LIN- this legislation. It is very straight- of Americans by making it easier for COLN, Mr. LIEBERMAN, Ms. MI- forward and a simple reflection of the them to save for their health care KULSKI, Mr. NELSON of Florida, 9/11 Commission Report, a reflection of costs. This bill would also reduce end- Ms. STABENOW, Mr. JOHNSON, the words the President put in his of-the-year excess spending and over- Mr. LEAHY, Mr. KENNEDY, Mr. budget report. I think it is appropriate use of health care services, allowing FEINGOLD, and Mr. SARBANES): as to how we should move forward with FSA participants to benefit from the S. 311. A bill to amend title XIX of regard to funding for homeland secu- prudent use of their health care re- the Social Security Act to permit rity allocations. sources. States the option to provide medicaid I am grateful to Senators SALAZAR coverage for low-income individuals in- By Mr. DEMINT (for himself, Mr. and ENSIGN who have joined me as fected with HIV; to the Committee on SALAZAR, and Mr. ENSIGN): original cosponsors of this bill. They Finance. S. 309. A bill to amend the Internal understand that reducing health costs Mr. SMITH. Mr. President, I rise Revenue Code of 1986 to provide for the and increasing access to health care today to introduce the Early Treat- disposition of unused health benefits in are worthy goals that we should all ment for HIV Act, ETHA, of 2005. Sen- cafeteria plans and flexible spending support. ator CLINTON joins me in introducing arrangements; to the Committee on Fi- I ask unanimous consent that the this bill, and I want to thank her for nance. text of the bill be printed in the her steadfast support for people living Mr. DEMINT. Mr. President, I rise RECORD. with HIV. HIV knows no party affili- today to offer a bill that would update There being no objection, the bill was ation, and I am pleased to say that flexible spending arrangements, known ordered to be printed in the RECORD, as ETHA cosponsors sit on both sides of as FSAs, to allow up to $500 of unused follows: the aisle. health benefits to be carried forward to S. 309 Simply stated, ETHA gives States next year’s FSA or transferred to a Be it enacted by the Senate and House of Rep- the opportunity to extend Medicaid health savings account. resentatives of the United States of America in coverage to low-income, HIV-positive Flexible spending arrangements Congress assembled, individuals before they develop full- allow employees to set aside money in SECTION 1. DISPOSITION OF UNUSED HEALTH blown AIDS. Today, the unfortunate an employer-established benefit plan BENEFITS IN CAFETERIA PLANS AND FLEXIBLE SPENDING ARRANGE- reality is that most patients must be- that can be used on a tax-free basis to MENTS. come disabled before they can qualify meet their out-of-pocket health care (a) IN GENERAL.—Section 125 of the Inter- for Medicaid coverage. Nearly 50 per- expenses during the year. However, nal Revenue Code of 1986 (relating to cafe- cent of people living with AIDS who under current law, any money remain- teria plans) is amended by redesignating sub- know their status lack ongoing access ing in the FSA at the end of the year sections (h) and (i) as subsections (i) and (j), to treatment. In my home State of Or- must be returned to the employer. respectively, and by inserting after sub- egon, there are approximately 4,500 Nearly 37 million private sector em- section (g) the following: ‘‘(h) CONTRIBUTIONS OF CERTAIN UNUSED persons living with HIV/AIDS. It is es- ployees have access to an FSA. How- HEALTH BENEFITS.— timated that approximately 40 percent ever, only 18 percent of eligible em- ‘‘(1) IN GENERAL.—For purposes of this of these Oregonians are not receiving ployees take advantage of the pretax title, a plan or other arrangement shall not care for their HIV disease. Not being in health care spending provided by flexi- fail to be treated as a cafeteria plan solely care puts these people’s own health at ble spending arrangements. Many em- because qualified benefits under such plan risk, and also makes them more infec- ployees cite the fear of forfeiting un- include a health flexible spending arrange- tious. We can do better, and we should used funds as the primary reason why ment under which not more than $500 of undo everything possible to ensure that they elect not to participate in an used health benefits may be— ‘‘(A) carried forward to the succeeding plan all people living with HIV can get FSA. year of such health flexible spending ar- early, effective medical care. This use-it-or-lose-it rule does more, rangement, or Oregon’s Ryan White funded AIDS though, than discourage widespread ‘‘(B) to the extent permitted by section Drug Assistance Program is nearing participation. It can also lead to per- 106(d), contributed by the employer to a maximum enrollment and may need to verse incentives such as encouraging health savings account (as defined in section wait list eligible clients in the near fu- people to spend money on health care 223(d)) maintained for the benefit of the em- ture. The fact of the matter is that products and services that they do not ployee. safety net programs all over the coun- ‘‘(2) HEALTH FLEXIBLE SPENDING ARRANGE- necessarily need. In other words, at the try are running out of money, and are MENT.—For purposes of this subsection, the end of the year, if there is money left term ‘health flexible spending arrangement’ generally unable to cover all of the in the account, the employee’s incen- means a flexible spending arrangement (as people who need assistance paying for tive is to go out and get an extra pair defined in section 106(c)) that is a qualified their medical care. As other programs of sunglasses or whatever it is and benefit and only permits reimbursement for are failing, ETHA gives States another spend that money, and that in turn expenses for medical care (as defined in sec- way to reach out to low-income, HIV- drives up demand and the price of tion 213(d)(1), without regard to subpara- positive individuals. health care for everybody. graphs (C) and (D) thereof). With approximately 150 newly de- The bill I am introducing today pro- ‘‘(3) UNUSED HEALTH BENEFITS.—For pur- tected HIV infections in Oregon annu- poses of this subsection, with respect to an vides greater flexibility and consumer employee, the term ‘unused health benefits’ ally, my state desperately needs to pro- choice. The bill would allow up to $500 means the excess of— vide early treatment to these individ- of unused funds at the end of the year ‘‘(A) the maximum amount of reimburse- uals. It has been shown that current to be carried forward in that flexible ment allowable to the employee for a plan HIV treatments are very successful in spending arrangement for use in the year under a health flexible spending ar- delaying the progression from HIV in- next year, or that employee could rangement, over fection to AIDS, and help improve the begin a new HSA, a health savings ac- ‘‘(B) the actual amount of reimbursement health and quality of life for millions count, and put up to $500 into that for such year under such arrangement.’’. of people living with the disease. (b) EFFECTIVE DATE.—The amendments health savings account. made by subsection (a) shall apply to taxable Studies conducted by I believe this bill will encourage years beginning after December 31, 2004. Pricewaterhouse Cooper have found greater participation in flexible spend- that providing early intervention care ing arrangements and, to a lesser ex- By Mr. SMITH (for himself, Mrs. significantly delays the progression of tent, participation in health savings CLINTON, Ms. COLLINS, Mr. HIV and is highly cost-effective. ETHA account benefit plans. The Joint Com- BINGAMAN, Ms. CANTWELL, Mr. reduces by 60 percent the death rate of

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1120 CONGRESSIONAL RECORD — SENATE February 8, 2005 persons living with HIV who received our diverse, nationwide membership of com- pacts certain populations, particularly mi- coverage under Medicaid. Disease pro- munity-based service providers and public norities. In fact, the AIDS case rate per gression is significantly slowed and health departments working with people liv- 100,000 population for African Americans was health outcomes improved. Medicaid ing with or affected by HIV, I would like to 9.5 times that of whites in 2003. thank you for introducing the Early Treat- According to a recent Institute of Medicine offsets alone reduce gross Medicaid ment for HIV Act (ETHA) with Senator Clin- report titled, ‘‘Public Financing and Deliv- costs by approximately 70 percent due ton and offer my strong support for this im- ery of HIV/AIDS Care: Securing the Legacy to the prevention of avoidable high portant piece of legislation. of the Ryan White CARE Act’’, 233,000 of the cost medical interventions. Research As you know, ETHA is a means to elimi- 463,070 people living with HIV in the U.S. determined that over 5 years the true nate barriers to early drug therapy and com- who need antiretroviral treatment do not cost of ETHA is $55.2 million. Over 10 prehensive care for people living with HIV. have ongoing access to this treatment. This years, ETHA saves $31.7 million. It This important legislation would give States does not include an additional 82,000 people shows that preventing the health of the option of allowing HIV positive people who are infected but unaware of their HIV with low incomes to qualify for Medicaid status and are in need of antiretrovira1 people living with HIV, preventing op- coverage earlier in the course of their infec- medications. portunistic infections, and slowing the tion, permitting them to receive greater ben- One reason why there are so many people progression to AIDS, will save tax- efits from anti-retroviral therapy. lacking treatment is that under current law, payers dollars. Ultimately, its clear Access to pharmaceuticals and quality Medicaid, which is the single largest public that in implementing ETHA, the health services is vital for people living with payer of HIV/AIDS care in the U.S., only cov- United States will take an important HIV. Advancements in treatment and the de- ers those with full blown AIDS, not those step toward ensuring that all Ameri- velopment of anti-retroviral (ARV) therapy with HIV. The Early Treatment for HIV Act (ETHA), cans living with HIV can get the med- have enabled HIV positive individuals to lead longer and healthier lives. However, ARV being re-introduced in this Congress under ical care they need to stay healthy and therapy is often prohibitively expensive, your leadership and Sen. Hillary Clinton, productive for as long as possible. costing approximately $10,000 to $12,000 an- would correct an archaic mindset in the de- Importantly, ETHA also offers States nually, making it virtually impossible for livery of public health care. No longer would an enhanced Federal Medicaid match, low-income people, who are often uninsured a Medicaid eligible person with HIV have to which means more money for States or underinsured, to access these life-pro- become disabled with AIDS to receive access that invest in treatments for HIV. This longing medications. to Medicaid provided care and treatment. provision models the successful Breast Current Federal treatment guidelines rec- Providing coverage to those with HIV can and Cervical Cancer Treatment and ommend the initiation of ARV therapy early prevent them from developing AIDS, and Prevention Act of 2000, which allows in the course of HIV infection. With early allow them to live a productive life with their family and be a healthy contributing States to provide early Medicaid inter- initiation, the efficacy of ARV therapy increases, boosting the effectiveness of other member of society. vention to women with breast and cer- available HIV drugs and staving off dis- ETHA would provide States the option of vical cancer. Even in these difficult ability. Initiated early on, ARV therapy ulti- amending their Medicaid eligibility require- times, 45 States are now offering early mately saves costs associated with delayed ments to include uninsured and under-in- Medicaid coverage to women with medical treatment. Unfortunately, many un- sured, pre-disabled poor and low-income peo- breast and cervical cancer. We can insured and underinsured people living with ple living with HIV. No State has to partici- build upon this success by passing HIV cannot afford ARV therapy on their pate if they choose not to. As all States have participated in the ETHA and extending similar early own. Further, Americans living with HIV do not qualify for Medicaid until they have re- Breast and Cervical Cancer Prevention and intervention treatments to people with Treatment Act, on which ETHA is modeled, HIV. ceived an AIDS diagnosis and are sick enough to meet Medicaid’s categorical re- we believe all States will opt to choose this HIV/AIDS touches the lives of mil- approach in treating those with HIV. States lions of people living in every State in quirements for disability—a point at which it is too late for ARV treatment to be opti- will opt into this benefit not only because it the Union. Some get the proper medi- mally effective. These barriers to early is the medically and ethically right thing to cations, but too many do not. This is treatment must be eliminated so that low in- do, but it is cost effective, as well. A recent study prepared by literally a life and death issue, and come people living with HIV can access the PricewaterhouseCoopers found that if ETHA ETHA can help many more Americans health care they need. During this time of shrinking Federal was enacted, over 10 years: enjoy long, healthy lives. —the death rate for persons living with budgets and economic downsizing, savings in I want to thank Senators CLINTON, HIV on Medicaid would be reduced by 50 per- Federal HIV programs, whether in manda- COLLINS, BINGAMAN, COLEMAN, CANT- cent; tory or discretionary spending, are beneficial WELL, SNOWE, CORZINE, FEINSTEIN, —there would be 35,000 more individuals to all parties involved. By allowing HIV posi- MURRAY, WYDEN, DEWINE, BAYH, REED, having CD4 levels above 500 under ETHA tive individuals to qualify for Medicaid ear- versus the existing Medicaid system; and KERRY, DAYTON, SCHUMER, LINCOLN, lier in the course of HIV infection, ETHA LIEBERMAN, MIKULSKI, NELSON, STABE- —result in a savings of $31.7 million. will create significant savings for the Fed- The AIDS Institute thanks you for your bi- NOW, JOHNSON, SARBANES, LEAHY, KEN- eral Government in overall health care fund- partisan leadership by introducing ‘‘The NEDY, FEINGOLD and LAUTENBERG for ing. Early Treatment for HIV Act of 2006’’. It is joining us as cosponsors of ETHA. I AIDS Action looks forward to working the type of Medicaid reform that is critically also wish to thank all of the organiza- with you on passage of this bill. Together we needed to update the program to keep cur- tions around the country that have ex- can ensure that people living with HIV have rent with the Federal Government’s guide- pressed support for this bill. I have re- access to the treatments and health services lines for treating people with HIV. they need to stay healthy. We look forward to working with you and ceived numerous support letters from Sincerely, those organizations, and I ask unani- your colleagues as it moves to enactment. MARSHA A. MARTIN, Sincerely, mous consent that those letters be Executive Director. DR. A. GENE COPELLO, printed in the RECORD. In particular, I Executive Director. want to thank the Human Rights Cam- THE AIDS INSTITUTE, paign, The AIDS Institute, ADAP Washington, DC, February 2, 2005. FEBRUARY 2, 2005. Working Group and the Treatment Ac- Re the early treatment for HIV Act (ETHA). Hon. GORDON SMITH, cess Expansion Project, for helping Senator GORDON SMITH, 404 Russell Senate Office Building, bring so much attention to ETHA. I U.S. Senate, Washington, DC. hope all of my colleagues will join us Washington, DC. DEAR SENATOR SMITH: The American Acad- DEAR SENATOR SMITH: The AIDS Institute emy of HIV Medicine is an independent orga- in supporting this critical, life-saving applauds you for your continued leadership nization of HIV Specialists and others dedi- legislation. and commitment to those people living with cated to promoting excellence in HIV/AIDS There being no objection, the mate- HIV/AIDS in our country who are in need of care. As the largest independent organiza- rial was ordered to be printed in the lifesaving healthcare and treatment. While tion of HIV frontline providers, our 2,000 RECORD, as follows: the HIV/AIDS epidemic in sub-Sahara Africa members provide direct care to more than AIDS ACTION, and other parts of the world often over- 340,000 HIV patients—more than two thirds Washington, DC, February 2, 2005. shadow the epidemic in the United States, of the patients in active treatment for HIV Hon. GORDON SMITH, we must not forget about the approximately disease. Russell Senate Office Building, 900,000 people living in the U.S. who have The Academy, particularly those HIV Spe- Washington, DC. HIV or AIDS. cialists in the state of Oregon, would like to DEAR SENATOR SMITH: On behalf of the Those infected with HIV are more likely to thank and commend you for co-sponsoring AIDS Action Council board of directors and be low-income, and it disproportionately im- the Early Treatment for HIV Act (ETHA).

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1121 ETHA addresses a cruel irony in the cur- TII-CANN, how Project Inform can help make it become rent Medicaid system—that under current Washington, DC, February 2, 2005. law. Medicaid rules people must become disabled Hon. GORDON SMITH, Sincerely, by AIDS before they can receive access to U.S. Senate, RYAN CLARY, Medicaid provided care and treatment that Washington, DC. Senior Policy Advocate. could have prevented them from becoming so Subject: ETHA (The Early Treatment for ill in the first place. ETHA would bring Med- HIV Act) PARTNERSHIP PROJECT, icaid eligibility rules in line with the clin- Portland, OR, February 1, 2005. DEAR SENATOR SMITH: I wanted to express ical standard of care for treating HIV dis- Hon. GORDON SMITH, our appreciation and support for your intro- ease. ETHA helps address the fact that in- U.S. Senate, duction of ETHA in the 109th U.S. Congress creasingly, in many parts of the country, Washington, DC. together with Senator Clinton and the other there are growing waiting lists for access to DEAR SENATOR SMITH: I am writing to original co-sponsors. life-saving medications and limited to no ac- thank you for introducing the Early Treat- cess to comprehensive health care. Particu- Having been working since day one on the ment for HIV Act with Senator Clinton, and larly in Oregon, we have been witness to dif- ETHA process and having closely studied the to offer my strong support for this legisla- ficulties in access to care for some of our pa- potentially lifesaving—and cost savings—po- tion. tients, having endured a severe strain on our tentials of this bill we feel it’s particularly This bill would allow states to extend Med- AIDS Drug Assistance Program (ADAP) for crucial that this important legislation be icaid coverage to pre-disabled people living quite some time. passed into law as soon as possible. with HIV. It represents a breakthrough In The Academy believes this legislation The across the board potential cost savings assuring early access to care for thousands would allow HIV positive individuals access inherent in providing early access to HIV of low-income people living with HIV. Cur- to the medical care that we recognize as treatment over 10 years are a compelling fis- rent HIV treatments are successfully delaying the progression from HIV infection to vital towards postponing or avoiding the cally responsible story and of course treating AIDS, thus improving the health and quality onset of AIDS and towards enormously in- sick Americans as soon as possible is simply of life for many people living with the dis- crease the quality of life for people living the correct moral and ethical course of ac- ease. However, without access to early inter- with HIV disease. tion for the world’s most powerful country. vention health care and treatment, these ad- As a provider at a public health clinic (the The value of increasing life span and quality vances remain out of reach for many non-dis- Multnomah County Health Department HIV of life to tens of thousands of affected indi- abled, low-income people with HIV. clinic), I see patients from a 6 county area, viduals, and their families, has a tremendous The more people who are on Medicaid the with a growing number of uninsured. The dif- value to society at large, as well. more the pressure will be relieved on ADAP, ficulties in obtaining medication coverage Once again we extend our thanks to you CareAssist, and other programs that serve have been growing monthly, and have be- and Senator Clinton for your leadership and Oregon residents. come a major part of the ’medical care’ we we look forward to helping this Important A recent report by provide. A more equitable system of cov- private and PublIc health legislation to work PricewaterhouseCoopers found that if ETHA erage and medication access would help tre- its way through our congressional process. Is passed and implemented by the states, the mendously, and allow us to focus on what we Sincerely, death rate of people living with HIV on Med- are trained to do. Thank you for your efforts WILLIAM E. ARNOLD, icaid would be cut in half over a ten-year pe- in this area. CEO. riod. It also revealed that over a ten-year pe- Sincerely, riod, ETHA would save money in the Med- MICHAEL S. MACVEIGH. PROJECT INFORM, icaid program. It is a humane and cost-effec- JAMES E. MCDONALD. San Francisco, CA, February 2, 2005. tive bill and I thank you again for your lead- JOAN REEDER. ership in introducing it. Please let me know Hon. GORDON SMITH, MARIA KOSMETATOS. U.S. Senate, how I can help make it become law. Washington, DC. Sincerely, CASCADE AIDS PROJECT, RICK STOLLER, Portland, OR, February 1, 2005. DEAR SENATOR SMITH: I am writing to Clinical Manager. Senator GORDON SMITH, thank you and Senator Clinton for intro- U.S. Senate, ducing the Early Treatment for HIV Act. NASTAD, Washington, DC. Project Inform, a national HIV/AIDS treat- Washington, DC, February 2, 2005. DEAR SENATOR SMITH: As you know, Cas- ment information and advocacy organization Hon. GORDON SMITH, cade AIDS Project is the largest AIDS serv- serving 80,000 people nationwide, strongly Russell Senate Office Building, ice organization in Oregon. For two decades supports this legislation. Washington, DC. we have served and advocated for people liv- This bill would allow, states to extend DEAR SENATOR SMITH: On behalf of the Na- ing with and at risk for HIV/AIDS. We Medicaid coverage to pre-disabled people liv- tional Alliance of State and Territorial AIDS strongly urge you to support the Early ing with IV. It represents a breakthrough in Directors (NASTAD), I am writing to offer Treatment of HIV Act. assuring early access to care for thousands our support for the ‘‘Early Treatment for The Early Treatment for HIV Act will of low-income people living with HIV. Cur- HIV Act.’’ NASTAD represents the nation’s allow low-income individuals living with rent HIV treatments are successfully delay- chief state and territorial health agency HIV to qualify for Medicaid coverage earlier ing the progression from HIV infection to staff who are responsible for HIV/AIDS pre- in the course of their disease instead of wait- AIDS, thus improving the health and quality vention, care and treatment programs funding until they are disabled by full-blown of life for many people living with the dis- ed by state and federal governments. This AIDS. ease. However, without access to early inter- legislation would give states an important Healthcare advocates have long been argu- vention health care and treatment, these adoption in providing care and treatment serving that to treat an individual’s illness at its vances remain out of reach for many non-dis- ices to low-income Americans living with earlier stages costs less than waiting until abled, low-income people with HIV. HIV. the individual is significantly disabled by Project Inform is acutely aware of the need The Early Treatment for HIV Act (ETHA) further progression of the illness. would allow states to expand their Medicaid for early access to lifesaving medications There are many Americans—those in the programs to cover HIV positive individuals, and healthcare for people living with HIV/ low income bracket and in underserved com- before they become disabled, without having AIDS. Discretionary programs such as the munities—who do not have access to drug to receive a waiver. NASTAD believes this AIDS Drug Assistance Program (ADAP) are treatment regimens because they have not legislation would allow HIV positive individ- simply unable to meet the growing need. If progressed to fullblown AIDS. The ACT uals to access the medical care that is widely ETHA is passed and implemented by the would make access to those drugs possible. recommended, can postpone or avoid the states, a great burden will be lifted off these Medicaid is a lifeline to HIV care for onset of AIDS, and can enormously increase safety net programs and people living with roughly half of those living with AIDS, and the quality of life for people living with HIV. 90% of all children living with AIDS. All the disease will be able to get the care and State AIDS directors continue to develop Medicaid programs cover some prescription treatment needed to live longer, more pro- innovative and cost-effective HIV/AIDS pro- drugs, but with the improved drug therapy of ductive lives. grams in the face of devastating state budget today, it is crucial that individuals infected A recent report by cuts and federal contributions that fail to with HIV receive access to these drugs as PricewaterhouseCoopers found that if ETHA keep up with need. ETHA provides a solution soon as their conditions call for it. is passed and implemented by the states, the to states by increasing health care access for Passage of the Early Treatment for HIV death rate of people living with HIV on Med- those living with HIV/AIDS. ETHA will also Act will save countless lives and must be icaid would be cut in half over a ten-year pe- save states money in the long-run by treat- viewed as a priority. We know that passage riod. It also revealed that over a ten-year pe- ing HIV positive individuals earlier in the of the Act is the right thing to do. riod, ETHA would save money in the Med- disease’s progression and providing states Sincerely, icaid program. It is a humane and cost-effec- with a federal match for the millions of dol- THOMAS BRUNER, tive bill and I thank you again for your lead- lars they are presently spending on HIV/ Executive Director. ership in introducing it. Please let me know AIDS care.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1122 CONGRESSIONAL RECORD — SENATE February 8, 2005 Thank you very much for your continued portance to someone living with HIV disease. can ensure that people living with HIV have commitment to persons living with HIV/ Medicaid will not only help improve the access to the treatments and health services AIDS. I look forward to working with you to quality of life for an individual with HIV dis- they need to stay healthy. gain support for this important piece of leg- ease by will also help to relieve pressure on Sincerely, islation. the AIDS Drug Assistance Programs in all of MARSHA A. MARTIN, DSW, Sincerely, our states. Executive Director. JULIE M. SCOFIELD, A recent report by Executive Director. PricewaterhouseCoopers found that if ETHA I ask unanimous consent that the is passed and implemented by the states, the text of the bill be printed in the AIDS FOUNDATION OF CHICAGO, death rate of people living with HIV on Med- icaid would be cut in half over a ten-year pe- RECORD. Chicago, IL, February 2, 2005. There being no objection, the bill was Hon. GORDON SMITH, riod. It also revealed that over a ten-year U.S. Senate, peiod, ETHA would save money in the Med- ordered to be printed in the RECORD, as Washington DC. icaid program. It is a humane and cost-effec- follows: DEAR SENATOR SMITH: I am writing to tive bill and I thank you again for your lead- S. 311 ership in introducing it. Please let me know thank you for introducing the Early Treat- Be it enacted by the Senate and House of Rep- how I can help make it become law. ment for HIV Act with Senator Clinton, and resentatives of the United States of America in Sincerely, to offer the AIDS Foundation of Chicago’s Congress assembled, (AFC) strong support for this legislation. LYNDA DEE, SECTION 1. SHORT TITLE. Founded in 1985, the mission of AFC is to Executive Director. lead the fight against HIV/AIDS and improve This Act may be cited as the ‘‘Early Treat- the lives of people affected by the epidemic. AIDS ACTION, ment for HIV Act of 2005’’. In order to accomplish this, AFC collabo- February 2, 2005. SEC. 2. OPTIONAL MEDICAID COVERAGE OF LOW- rates with community organizations to de- Hon. GORDON SMITH, INCOME HIV-INFECTED INDIVID- UALS. velop and improve HIV/AIDS services; funds Russell Senate Office Building, (a) IN GENERAL.—Section 1902 of the Social and coordinates prevention, care, and advo- Washington, DC. Security Act (42 U.S.C. 1396a) is amended— cacy projects; and champion’s effective, com- DEAR SENATOR SMITH: On behalf of the (1) in subsection (a)(10)(A)(ii)— passionate HIV/AIDS policy. AFC is the sole AIDS Action Council board of directors and (A) by striking ‘‘or’’ at the end of sub- AIDS advocacy organization monitoring and our diverse, nationwide membership of com- clause (XVII); responding to AIDS-related state legislation munity-based service providers and public (B) by adding ‘‘or’’ at the end of subclause and public policy in Illinois. health departments working with people liv- This bill would allow states to extend Med- ing with or affected by HIV, I would like to (XVIII); and icaid coverage to pre-disabled people living thank you for introducing the Early Treat- (C) by adding at the end the following: with HIV. It represents a breakthrough in as- ment for HIV Act (ETHA) with Senator Clin- ‘‘(XIX) who are described in subsection (cc) suring early access to care for thousands of ton and offer my strong support for this im- (relating to HIV-infected individuals);’’; and low-income people living with HIV. Current portant piece of legislation. (2) by adding at the end the following: HIV treatments are successfully delaying the As you know, ETHA is a means to elimi- ‘‘(cc) HIV-infected individuals described in progression from HIV infection to AIDS, nate barriers to early drug therapy and com- this subsection are individuals not described thus improving the health and quality of life prehensive care for people living with HIV. in subsection (a)(10)(A)(i)— This important legislation would give states for many people living with the disease. ‘‘(1) who have HIV infection; the option of allowing HIV positive people However, without access to early interven- ‘‘(2) whose income (as determined under with low incomes to qualify for Medicaid tion health care and treatment, these ad- the State plan under this title with respect coverage earlier in the course of their infec- vances remain out of reach for many non-dis- to disabled individuals) does not exceed the tion, permitting them to receive greater ben- abled, low-income people with HIV. maximum amount of income a disabled indi- A recent report by efits from anti-retroviral therapy. vidual described in subsection (a)(10)(A)(i) Access to pharmaceuticals and quality PricewaterhouseCoopers found that if ETHA may have and obtain medical assistance health services is vital for people living with is passed and implemented by the states, the under the plan; and HIV. Advancements in treatment and the de- death rate of people living with HIV on Med- ‘‘(3) whose resources (as determined under velopment of anti-retroviral (ARV) therapy icaid would be cut in half over a ten-year pe- the State plan under this title with respect have enabled HIV positive individuals to lead riod. It also revealed that over a ten-year pe- to disabled individuals) do not exceed the longer and healthier lives. However, ARV maximum amount of resources a disabled in- riod, ETHA would save money in the Med- therapy is often prohibitively expensive, icaid program. It is a humane and cost-effec- dividual described in subsection (a)(10)(A)(i) costing approximately $10,000 to $12,000 an- may have and obtain medical assistance tive bill and I thank you again for your lead- nually, making it virtually impossible for ership in introducing it. Please let me know under the plan.’’. low-income people, who are often uninsured (b) ENHANCED MATCH.—The first sentence how I can help make it become law. or underinsured, to access these life-pro- Sincerely, of section 1905(b) of the Social Security Act longing medications. (42 U.S.C. 1396d(b)) is amended by striking JIM PICKETT, Current federal treatment guidelines rec- ‘‘section 1902(a)(10)(A)(ii)(XVIII)’’ and insert- Director of Public Policy. ommend the initiation of ARV therapy early ing ‘‘subclause (XVIII) or (XIX) of section in the course of HIV infection. With early 1902(a)(10)(A)(ii)’’. AIDS ACTION BALTIMORE, INC., initiation, the efficacy of ARV therapy in- (c) CONFORMING AMENDMENTS.—Section Baltimore, MD, February 3, 2005. creases, boosting the effectiveness of other 1905(a) of the Social Security Act (42 U.S.C. Hon. GORDON SMITH, available HIV drugs and staving off dis- 1396d(a)) is amended in the matter preceding U.S. Senate, ability. Initiated early on, ARV therapy ulti- paragraph (1)— Washington, DC. mately saves costs associated with delayed (1) by striking ‘‘or’’ at the end of clause DEAR SENATOR SMITH: On behalf of AIDS medical treatment. Unfortunately, many un- Action Baltimore, Inc. (AAB) I am writing to insured and underinsured people living with (xii); thank you for introducing the Early Treat- HIV cannot afford ARV therapy on their (2) by adding ‘‘or’’ at the end of clause ment for HIV Act with Senator CLINTON, and own. Further, Americans living with HIV do (xiii); and to offer my strong support for this legisla- not qualify for Medicaid until they have re- (3) by inserting after clause (xiii) the fol- tion. ceived an AIDS diagnosis and are sick lowing: This bill would allow states to extend Med- enough to meet Medicaid’s categorical re- ‘‘(xiv) individuals described in section icaid coverage to pre-disabled people living quirements for disability—a point at which 1902(cc);’’. with HIV. It represents a breakthrough in as- it is too late for ARV treatment to be opti- (d) EXEMPTION FROM FUNDING LIMITATION suring early access to care for thousands of mally effective. These barriers to early FOR TERRITORIES.—Section 1108(g) of the So- low-income people living with HIV. Current treatment must be eliminated so that low in- cial Security Act (42 U.S.C. 1308(g)) is amend- HIV treatments are successfully delaying the come people living with HIV can access the ed by adding at the end the following: progression from HIV infection to AIDS, health care they need. ‘‘(3) DISREGARDING MEDICAL ASSISTANCE FOR thus improving the health and quality of life During this time of shrinking federal budg- OPTIONAL LOW-INCOME HIV-INFECTED INDIVID- for many people living with the disease. ets and economic downsizing, savings in fed- UALS.—The limitations under subsection (f) However, without access to early interven- eral HIV programs, whether in mandatory or and the previous provisions of this sub- tion health care and treatment, these ad- discretionary spending, are beneficial to all section shall not apply to amounts expended vances remain out of reach for many non-dis- parties involved. By allowing HIV positive for medical assistance for individuals de- abled, low-income people with HIV. individuals to qualify for Medicaid earlier in scribed in section 1902(cc) who are only eligi- AAB has been engaged in research advo- the course of HIV infection, ETHA will cre- ble for such assistance on the basis of section cacy and providing valuable medical, finan- ate significant savings for the federal gov- 1902(a)(10)(A)(ii)(XIX).’’. cial and emotional support to thousands of ernment in overall health care funding. (e) EFFECTIVE DATE.—The amendments people with HIV infection since 1987. Access AIDS Action looks forward to working made by this section shall apply to calendar to care and treatment is of the utmost im- with you on passage of this bill. Together we quarters beginning on or after the date of

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1123 the enactment of this Act, without regard to local radio broadcaster in thinly veiled leases land to farmers, raises money whether or not final regulations to carry out claims of interference. for scholarships for needy kids and such amendments have been promulgated by Due to the broadcasters’ subterfuge, helps citizens learn to read. The sta- such date. Congress added language to a 2000 ap- tion director told a local community By Mr. MCCAIN (for himself, Ms. propriations bill requiring the FCC to newsletter: ‘‘You’ve got local radio sta- CANTWELL, and Mr. LEAHY): hire an independent engineering firm tions that are owned by larger compa- S. 312. A bill to implement the rec- to further study broadcasters’ claims nies. There should be some program- ommendations of the Federal Commu- of interference. I am not happy to re- ming concerning the music that is nications Commission report to the port that after spending almost two from here, and the people from here. Congress regarding low-power FM serv- years and over 2 million dollars, the But there’s not.’’ ice; to the Committee on Commerce, independent study revealed what the I ask the broadcasters to come clean Science, and Transportation. FCC and community groups had said and join us in promoting LPFM. More Mr. MCCAIN. Mr. President, I rise all along: LPFM will do no harm to good radio brings about more radio lis- today to introduce The Local Commu- other broadcasters. Perhaps, we should tening—and that’s good for all broad- nity Radio Act of 2005. This bill would send a bill to the National Association casters. Therefore, in the interests of allow the Federal Communications of Broadcasters. would-be new broadcasters, existing Commission (FCC) to license Low That brings us to the future of Low broadcasters, but most of all, the lis- Power FM stations on third adjacent Power FM. The FCC, as required by the tening public, I urge the enactment of channels to full power stations without appropriations language, reported the the Local Community Radio Act of limitations and eliminate the require- study’s findings to Congress last Feb- 2005. ment that the FCC perform further ruary and recommended full implemen- I ask unanimous consent that the testing on the economic impact of Low tation of Low Power FM. This bill sim- text of the bill be printed in the Power FM radio. Additionally, the bill ply follows the FCC’s recommendation: RECORD. seeks to protect stations that provide begin licensing Low Power FM stations There being no objection, the bill was radio reading services, which some on third adjacent channels to full ordered to be printed in the RECORD, as have suggested are more susceptible to power stations without limitations. follows: interference then other stations be- Additionally, the bill seeks to protect S. 312 cause they are carried on a subcarrier full power stations that provide radio Be it enacted by the Senate and House of Rep- frequency. I am pleased to be joined in reading services. It is estimated that resentatives of the United States of America in Congress assembled, this effort by Senators LEAHY and about 1.1 million people in the U.S. are SECTION 1. SHORT TITLE. CANTWELL who are co-sponsors of the blind, and it is important to ensure This Act may be cited as the ‘‘Local Com- bill. I thank them for their support. A this helpful radio reading service re- munity Radio Act of 2005’’. similar bill was introduced in the 108th mains interference free. SEC. 2. FINDINGS. Congress and passed out of the Senate The enactment of this bill will imme- Congress makes the following findings: Committee on Commerce, Science, and diately make available a number of (1) The passage of the Telecommunications Transportation. Low Power FM frequencies. By some Act of 1996 led to increased ownership con- In January 2000, the FCC launched estimates, Congress’ legislation delay- solidation in the radio industry. Low Power FM radio service to ‘‘ening the full implementation, which (2) At a hearing before the Senate Com- hance locally focused community-ori- mostly affected metropolitan areas, led mittee on Commerce, Science, and Transpor- ented radio broadcasting.’’ Low Power to the elimination of half the Low tation, on June 4, 2003, all 5 members of the Federal Communications Commission testi- FM stations are just that—low power Power FM applications filed during fied that there has been, in at least some radio stations on the FM band that 2000. local radio markets, too much consolidation. generally reach an audience within a For example, Congress’ action elimi- (3) A commitment to localism—local oper- 3.5 mile radius of the station’s trans- nated the LPFM slot in Fresno applied ations, local research, local management, lo- mitter. In rural areas, this signal may for by El Comite de los Pobres. The cally-originated programming, local artists, not reach many people, but it provides group had hoped to address the dearth and local news and events—would bolster rural citizens with another media out- of local programming for the Latino radio listening. let—another voice in the market. In community by airing bilingual cov- (4) Local communities have sought to erage of local issues. New Orleans’ launch radio stations to meet their local urban areas, this signal may reach needs. However, due to the scarce amount of hundreds of thousands of people and Music Business Institute’s application spectrum available and the high cost of buy- provide not just local content, but very was eliminated as well. The Music ing and running a large station, many local specific neighborhood news and infor- Business Institute teaches young peo- communities are unable to establish a radio mation. ple how to get into the music business. station. Localism is increasingly important The Institute had planned to use the (5) In 2003, the average cost to acquire a in today’s changing media landscape. station to help start the musical ca- commercial radio station was more than Rampant ownership consolidation has reers of local artists, and to educate $2,500,000. taken place in the radio industry since listeners about the city’s jazz and blues (6) In January, 2000, the Federal Commu- nications Commission authorized a new, af- passage of the Telecommunications musical heritage. fordable community radio service called Act of 1996. Since that time, many There are some wonderful LPFM sta- ‘‘low-power FM’’ or ‘‘LPFM’’ to ‘‘enhance lo- Americans have complained that the tions that are up and running. A recent cally focused community-oriented radio large media conglomerates fail to serve article published in The Nation called broadcasting’’. local communities’ interests and seem these stations, ‘‘beacons of grassroots (7) Through the creation of LPFM, the to use their local station license as a democracy.’’ The article discussed Commission sought to ‘‘create opportunities conduit to air national programming. WRFR in Rockland, Maine: ‘‘Shunning for new voices on the air waves and to allow Low Power FM was introduced, in part, the canned programming approach of local groups, including schools, churches, and other community-based organizations, to respond to such complaints. Rockland’s two Clear Channel stations, to provide programming responsive to local Between May 1999 and May 2000, the WRFR offers an array of local talent, community needs and interests’’. Commission received over 3,400 applica- tastes and interests, and was recently (8) The Commission made clear that the tions for Low Power FM stations from named Maine station of the year by a creation of LPFM would not compromise the non-commercial educational entities state music association. Although integrity of the FM radio band by stating, and community organizations. How- country music, a Maine favorite, is ‘‘We are committed to creating a low-power ever, before the Commission could act heavily represented, hardly any WRFR FM radio service only if it does not cause un- on many of the applications for this deejay restricts himself to a single era, acceptable interference to existing radio new community service, broadcasters service.’’. genre or Top-40 play list.’’ (9) Currently, FM translator stations can frightened legislators into halting the In 2000, the Southern Development operate on the second and third-adjacent full implementation of Low Power FM. Foundation established a Low Power channels to full power radio stations, up to Broadcasters masqueraded their true FM station in Opelousas, Louisiana, an effective radiated power of 250 watts, pur- concerns about competition from a real which sponsors agriculture programs, suant to part 74 of title 47, Code of Federal

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1124 CONGRESSIONAL RECORD — SENATE February 8, 2005 Regulations, using the very same transmit- from flourishing in communities of all larger media markets where under the ters that LPFM stations will use. The FCC sizes across the country, while pro- old rules of third adjacent channel sep- based its LPFM rules on the actual perform- tecting important radio reading serv- aration, there was no space available ance of these translators that already oper- ices. Under the existing law, my State for them on the crowded radio dial. ate without undue interference to FM sta- While the public reaction to low tions. The actual interference record of these has only a handful of low power FM translators is far more useful than any re- stations. If this bill becomes law, the power FM was positive, the reaction of sults that further testing could yield. Federal Communication Commission FM broadcasters, both commercial and (10) Small rural broadcasters were particu- will be able to move forward and li- non-commercial, was negative. Con- larly concerned about a lengthy and costly cense additional low power FM stations gress was convinced to add a rider to interference complaint process. Therefore, in to serve communities all across the the 2001 Commerce, Justice, State ap- September, 2000, the Commission created a State of Washington such as Bain- propriations law that effectively undid simple process to address interference com- bridge Island, Vashon Island and Au- the provisions in the FCC rules, and plaints regarding LPFM stations on an expe- once again required third adjacent dited basis. burn. (11) In December, 2000, Congress delayed Let me review the history of this channel separation. Congress also re- the full implementation of LPFM until an issue for the Senate. The Tele- quired the FCC to perform a study ex- independent engineering study was com- communications Act of 1996 removed amining the impact on interference on pleted and reviewed. This delay was due to completely the ownership caps re- the third adjacent channel. some broadcasters’ concerns that LPFM stricting the number of stations that Over two million dollars later, the re- service would cause interference in the FM any one company can own nationwide. sults of the study validated the FCC’s band. The Act has led to an unprecedented original analysis. Last year, I joined (12) The delay prevented millions of Ameri- level of consolidation and mergers in the Senator from Arizona, Mr. MCCAIN, cans from having a locally operated, community based radio station in their neighbor- the U.S. radio industry. Additionally, and the Senator from Vermont, Mr. hood. within a local market, the rules allows LEAHY, in sponsoring a bill that would (13) Approximately 300 LPFM stations were ownership of up to eight radio stations, have accepted the results of this latest allowed to proceed despite the congressional on a sliding scale, depending on total engineering study to undo the 2001 ap- action. These stations are currently on the number of stations in the market. propriations rider. It also addressed air and are run by local government agen- Five years ago, the FCC adopted specific concerns about protecting sta- cies, groups promoting arts and education to rules creating a new, low power FM tions providing reading services over immigrant and indigenous peoples, artists, radio service in response to public con- the radio frequencies to assist the schools, religious organizations, environmental groups, organizations promoting lit- cerns that the increased consolidation blind. Under the Senator from Arizo- eracy, and many other civically-oriented or- of radio ownership weakened the local na’s (Mr. MCCAIN) leadership, the Com- ganizations. character of radio. merce Committee reported the low (14) After 2 years and the expenditure of Low power FM stations serve the power FM bill out favorably with an $2,193,343 in taxpayer dollars to conduct this public interest by providing signifi- amendment, but it did not come to a study, the broadcasters’ concerns were dem- cantly greater opportunities for citizen vote on the floor. onstrated to be unsubstantiated. involvement in broadcasting in com- The time has come to move ahead SEC. 3. REPEAL OF PRIOR LAW. munities across the country. Eligible with this proposal. The U.S. radio in- Section 632 of the Departments of Com- licensees are non-profit, government or dustry has experienced an unprece- merce, Justice, and State, the Judiciary, and educational institutions, public safety dented wave of consolidation and merg- Related Agencies Appropriations Act, 2001 or transportations services. No existing ers since passage of the 1996 Tele- (Public Law 106-553; 114 Stat. 2762A–111), is repealed. broadcasting licensee or media entity communications Act. The consolida- can have an ownership interest or any tion trend has raised barriers of both SEC. 4. MINIMUM DISTANCE SEPARATION RE- QUIREMENTS. program or operating agreement with size and cost for new broadcasters. The The Federal Communications Commission any low power FM stations. legislation we introduce today allows shall modify its rules to eliminate third-ad- In many media markets, the number new entrants into broadcasting activi- jacent minimum distance separation require- of independent local voices has dropped ties and new voices on our public air- ments between— significantly, replaced by giant cor- waves. I hope the Commerce Com- (1) low-power FM stations; and porations replicating formats and pro- mittee will again act quickly on this (2) full-service FM stations, FM translator gramming from across the country. legislation. stations, and FM booster stations. Voice-tracking, a practice in which a Mr. LEAHY. Mr. President, I am SEC. 5. PROTECTION OF RADIO READING SERV- pleased today to join Senators MCCAIN ICES. DJ either pre-records part of a program The Federal Communications Commission for a local station or for a station out and CANTWELL in introducing impor- shall retain its rules that provide third-adja- of the immediate market, is not a sub- tant legislation to increase the number cent channel protection for full-power non- stitute for true localism. of frequencies available for low power commercial FM stations that broadcast With fewer independent outlets avail- radio stations in America. Low power radio reading services via a subcarrier fre- able for artists to get airplay for a stations serve their communities with quency from potential low-power FM station given genre of music, particularly for broadcasting that reflects local needs interference. newer acts, there is a perception in and local preferences. In this way, low SEC. 6. ENSURING AVAILABILITY OF SPECTRUM some quarters of the music industry power FM offers a valuable counter- FOR LPFM STATIONS. that you need to resort to the rep- point to nationwide media consolida- The Federal Communications Commission when licensing FM translator stations shall rehensible practices such as payola in tion. As National Public Radio re- ensure— order to be heard by the public. ported this morning, low power FM has (1) licenses are available to both FM trans- During its proceeding on low power a large following of listeners tired of lator stations and low-power FM stations; FM, the FCC conducted tests on the ef- hearing the same programming across and fects of these low power stations on the country. For this reason, I have (2) that such decisions are made based on full power FM broadcasts for various been a strong supporter of low power the needs of the local community. types of radio receivers. The FCC engi- FM for many years now. In fact, I re- Ms. CANTWELL. Mr. President, neering reports concluded that low cently urged FCC Chairman Powell to today, I am pleased to be joining with power FM signals would not cause in- expedite licensing for new low power the Senator from Arizona, Mr. MCCAIN, terference with the signals to full stations. and the Senator from Vermont, Mr. power FM stations within their service Unfortunately, for many years now LEAHY, as a cosponsor of the Local areas. Based on the results of inter- the number of low power FM stations Community Radio Act of 2005. This leg- ference testing, LPFM stations were the FCC could license has been limited islation is similar to the version of S. not required to protect stations three by unrealistic and unnecessary rules 2505, the Low Power Radio Act of 2004 channels away from inference as is re- requiring these small stations to find that was introduced last Congress. quired for full power stations. These available frequencies far from any full This bill removes once and for all the rules allowed radio frequencies for power broadcaster. Interference must barriers keeping low power FM service LPFM stations to become available in be avoided if we are to make use of the

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1125 airwaves. The current rules, however, ons from Ukraine, Belarus and counter-proliferation efforts, expand- go beyond what is necessary to protect Kazakhstan. After the fall of the So- ing the Proliferation Security Initia- full power stations from interference viet Union, these three nations tive, and supporting the Cooperative and, instead, protect them from com- emerged as the third, fourth, and Threat Reduction Program.’’ The Re- petition. This bill will reduce the un- eighth largest nuclear powers in the port went on to say that ‘‘Nunn-Lugar necessary restrictions on low power world. Today, all three are nuclear . . . is now in need of expansion, im- FM stations. weapons free as a result of cooperative provement and resources.’’ Of course, the need for low power FM efforts under the Nunn-Lugar program. My bill would underscore the bipar- radio must be balanced against other In addition, Nunn-Lugar is the primary tisan consensus on Nunn-Lugar by important uses of nearby frequencies. I tool through which the United States streamlining and accelerating Nunn- have worked hard to protect reading is working with Russian authorities to Lugar implementation. It would grant services for the blind, and this bill pro- identify, safeguard and destroy Rus- more flexibility to the President and tects those services by retaining the sia’s massive chemical and biological the Secretary of Defense to undertake third-adjacent rule where such services warfare capacity. proliferation projects outside the would be affected. In addition, this bill These successes were never a fore- former Soviet Union. It also would protects commercial broadcasters of gone conclusion. Today, even after eliminate Congressionally-imposed all sizes from actual interference by more than 12 years, creativity and con- conditions on Nunn-Lugar assistance leaving intact the FCC’s expedited in- stant vigilance are required to ensure that in the past have forced the suspen- terference claim review procedures. that the Nunn-Lugar program is not sion of time-sensitive nonproliferation I look forward to working with all encumbered by bureaucratic obstacles projects. The purpose of the bill is to the parties involved to strengthen local or undercut by political disagreements. reduce bureaucratic red tape and fric- broadcasting. During Secretary Rice’s confirmation tion within our government that hearing with the Senate Foreign Rela- hinder effective responses to non- By Mr. LUGAR (for himself, Mr. tions Committee on January 18, 2005, I proliferation opportunities and emer- DOMENICI, Mr. HAGEL, Mr. asked Dr. Rice if she and the Adminis- gencies. REED, Mr. BIDEN, Mr. LEVIN, tration supported this legislation, to For example, recently Albania ap- Ms. COLLINS, Mr. MCCAIN, and which she responded ‘‘Yes we do.’’ Sec- pealed for help in destroying 16 tons of Mr. OBAMA): retary Rice and President Bush have chemical agent left over from the Cold S. 313. A bill to improve authorities long argued that there needs to be War. Last August, I visited this remote to address urgent nonproliferation cri- maximum flexibility granted to the storage facility. Nunn-Lugar officials ses and United States nonproliferation Administration to execute a global, fo- are working closely with Albanian operations; to the Committee on cused and timely effort to fight pro- leaders to destroy this dangerous Armed Services. liferation. In view of the Administra- stockpile. But this experience also is Mr. LUGAR. Mr. President, I rise to tion’s strong support for this bill, I illustrative of the need to reduce bu- again introduce a bill that will look forward to working with the reaucratic delays. The package of doc- strengthen U.S. nonproliferation ef- Armed Services Committee to enact it. uments related to the mission took forts. It is supported by the Adminis- I have devoted much time and effort some 11 weeks to be finalized and read- tration and several of my colleagues. to overseeing and accelerating the ied for President Bush. From beginning This bill represents the fourth install- Nunn-Lugar program. Uncounted indi- to end, the bureaucratic process to au- ment of Nunn-Lugar legislation that I viduals of great dedication serving on thorize dismantlement of chemical have offered since 1991. the ground in the former Soviet Union weapons in Albania took more than In that year, Sam Nunn and I au- and in our government have made this three months. Fortunately, the situa- thored the Nunn-Lugar Act, which es- program work. Nevertheless, from the tion in Albania was not a crisis, but we tablished the Cooperative Threat Re- beginning, we have encountered resist- may not be able to afford these duction Program. That program has ance to the Nunn-Lugar concept in timelines in future nonproliferation provided U.S. funding and expertise to both the United States and Russia. In emergencies. As I said when I introduced this leg- help the former Soviet Union safeguard our own country, opposition often has islation during our November session and dismantle their enormous stock- been motivated by false perceptions last year, I wanted to have the benefit piles of nuclear, chemical and biologi- that Nunn-Lugar money is foreign as- of the Administration’s views and my cal weapons, means of delivery and re- sistance or by beliefs that Defense De- colleagues’ input. Since then, I am lated materials. In 1997, Senator Nunn partment funds should only be spent on pleased that Senators DOMENICI, and I were joined by Senator DOMENICI troops, weapons, or other war-fighting HAGEL, REED, BIDEN, LEVIN, COLLINS, in introducing the Defense Against capabilities. Until recently, we also MCCAIN and OBAMA have all signed on Weapons of Mass Destruction Act, faced a general disinterest in non-pro- as co-sponsors. The Administration has which expanded Nunn-Lugar authori- liferation that made gaining support now stated that they support this bill. ties in the former Soviet Union and for Nunn-Lugar funding and activities I look forward to working in Congress provided WMD expertise to first re- an annual struggle. to enact it. sponders in American cities. In 2003, The attacks of September 11 changed Congress adopted the Nunn-Lugar Ex- the political discourse on this subject. By Mr. CORNYN: pansion Act, which authorized the We have turned a corner—the public, S. 314. A bill to protect consumers, Nunn-Lugar program to operate out- the media, and political candidates are creditors, workers, pensioners, share- side the former Soviet Union to address paying more attention now. In a re- holders, and small businesses, by re- proliferation threats. The bill that I markable moment in the first presi- forming the rules governing venue in am introducing today would strength- dential debate last year, both Presi- bankruptcy cases to combat forum en the Nunn-Lugar program and pro- dent Bush and his opponent agreed shopping by corporate debtors; to the vide it with greater flexibility to ad- that the number one national security Committee on the Judiciary. dress emerging threats. threat facing the United States was the Mr. CORNYN. Mr. President, I rise To date, the Nunn-Lugar program prospect that weapons of mass destruc- today to introduce the Fairness in has deactivated or destroyed: 6,564 nu- tion would fall into the hands of terror- Bankruptcy Litigation Act of 2005. clear warheads; 568 ICBMs; 477 ICBM ists. This legislation will provide much- silos; 17 ICBM mobile missile launch- While the Administration has noted needed protection—for consumers, ers; 142 bombers; 761 nuclear air-to-sur- its support for this bill, the 9/11 Com- creditors, workers, pensioners, share- face missiles; 420 submarine missile mission also weighed in last year with holders, and small businesses—by re- launchers; 543 submarine launched mis- another important endorsement of the forming the rules governing venue in siles; 28 nuclear submarines; and 194 Nunn-Lugar program, saying that bankruptcy cases to combat forum nuclear test tunnels. ‘‘Preventing the proliferation of [weap- shopping. The Nunn-Lugar program also facili- ons of mass destruction] warrants a Quite simply, my bill will prevent tated the removal of all nuclear weap- maximum effort—by strengthening corporate debtors from moving their

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1126 CONGRESSIONAL RECORD — SENATE February 8, 2005 bankruptcy cases thousands of miles troduced today will combat such egre- York bankruptcy court, where its man- away from the communities and their gious forum shopping by requiring that agers received the same lenient treat- workers who have the most at stake. corporate debtors file where their prin- ment. No trustee was appointed; in- And it will prevent bankrupt corpora- cipal place of business or principal as- deed, five months after the case was tions from effectively selecting the sets are located, rather than their filed, the directors in office when the judge in their own cases—because pick- state of incorporation, and forbidding fraud occurred still constituted a ma- ing the judge isn’t far off from picking parent companies from manipulating jority of the board. They chose their the verdict. the venue by filing first through a sub- own successors. A Top Worldcom exec- This Act is a positive step for fair- sidiary. utive used money taken from the com- ness, responsibility, and justice. It im- Bankruptcy venue abuse is not just pany to build an exempt Texas home- plements a major recommendation bad for our legal system; it hurts stead, and Worldcom took no action. from the October 1997 National Bank- America’s consumers, creditors, work- That executive then used the home- ruptcy Review Commission report, and ers, pensioners, shareholders, and small stead to buy his way out of his prob- earned the support of prominent bank- businesses. Under current law, cor- lems with the SEC. Meanwhile, credi- ruptcy law professors and practitioners porate debtors effectively get to pick tors—mostly bondholders—lost $20 bil- nationwide. The bill is also supported the court in which they will file for lion. by Texas Attorney General Greg Ab- bankruptcy. As a result, creditors can This is not the first time we have ad- bott (R) and former Massachusetts At- be forced to litigate far away from the dressed this important issue. The torney General Scott Harshbarger (D); real-world location, where costs and in- House Judiciary Subcommittee on Brady C. Williamson, who served as conveniences associated with travel are Commercial and Administrative Law chairman of the National Bankruptcy prohibitive. held a hearing on July 21, 2004, entitled Review Commission; and major na- This troubling loophole also serves to ‘‘Administration of Large Business tional bankruptcy organizations like unfairly enable corporate debtors to Bankruptcy Reorganizations: Has Com- petition for Big Cases Corrupted the the National Association of Credit evade their financial commitments. It Bankruptcy System?,’’ and Congress- Management and the Commercial Law badly disables consumers, creditors, man BRAD SHERMAN (D-CA) has pre- League of America. workers, pensioners, shareholders, and With the introduction of this Act, small businesses from pursuing and re- viously led efforts to champion bank- this body will now have an opportunity ceiving reasonable compensation from ruptcy venue reform in the House. Dur- ing the 107th Congress, Senator DURBIN to consider this growing crisis, which bankruptcy proceedings. introduced S. 2798, the Employee Abuse effects so many consumers and work- Current law allows debtors to forum Prevention Act of 2002, joined by Sen- ers, just as we are about to examine shop and thereby to pick jurisdictions ators KENNEDY, KERRY, LEAHY, and the issue of comprehensive bankruptcy likely to rule in their favor. If debtors ROCKEFELLER, while Congressman WIL- reform. get to pick the jurisdiction, then bank- Sadly, our current bankruptcy venue ruptcy judges have a disturbing incen- LIAM D. DELAHUNT (D-MA) introduced the same bill in the House; section 205 law has become a target for enormous tive to compete with other bankruptcy of that legislation would have reformed abuse. It’s a problem that is well docu- courts for major bankruptcy cases, by tilting their rulings in favor of cor- bankruptcy venue law. mented by academics, most recently in I believe we must take steps to re- porate debtors and their attorneys. a comprehensive book published just spond to this important problem. The The examples are numerous. Here are last week by UCLA Law Professor American people deserve better from three of the most prominent incidents: Lynn M. LoPucki, as well as by Har- our legal system. All bankruptcy cases Polaroid. In October 2001, Boston-based vard Law Professor Elizabeth Warren, deserve to be handled fairly and justly, Polaroid filed for bankruptcy in Dela- who served as the reporter for the Na- and no corporate debtor should be al- ware, listing assets at $1.9 billion. Po- tional Bankruptcy Review Commis- lowed to escape responsibility by flee- laroid’s top executives claimed that sion, and Professor Jay L. Westbrook ing to another venue. It is high time the company was a ‘‘melting ice cube,’’ of the University of Texas Law School. that we take up this much-needed re- and arranged a hasty sale for $465 mil- I have personal experience with the form. worst kind of forum shopping. During lion to a single bidder. The court re- I ask unanimous consent that letters my service to the State of Texas as At- fused to hear testimony as to the true of support be printed in the RECORD. torney General, I argued that the value of the company and closed the There being no objection, the letters Enron Federal bankruptcy court pro- sale in only 70 days. The top executives were ordered to be printed in the ceedings should be litigated in Hous- went to work for the new buyer and re- RECORD, as follows: ceived millions of dollars in stock. ton. That seemed like the common ATTORNEY GENERAL OF TEXAS, sense argument, of course—after all, Meanwhile, disabled employees had Austin, TX, February 2, 2005. Houston was where the majority of em- their health-care coverage canceled. Re Fairness in Bankruptcy Litigation Act of ployees and others who were victimized The so-called ‘‘melting ice cube’’ be- 2005. by that corporate scandal called home. came profitable the day after the sale Hon. JOHN CORNYN, Yet that’s not where the case ended became final. U.S. Senate, up. Instead, Enron was able to exploit K-Mart. In January 2002, failed top Washington, DC. a key loophole in bankruptcy law to executives delivered Michigan-based K- DEAR SENATOR CORNYN: I support your im- maneuver their proceedings as far Mart to the bankruptcy court in Chi- portant initiative to prohibit opportunistic forum shopping by corporate debtors. away from Houston as possible. They cago, which reportedly had been ac- As you know firsthand from your tenure as ended up in their desired forum in New tively soliciting large corporate debt- Attorney General of Texas during the State’s York. See In re Enron Corp., 274 B.R. ors to file there. With a workforce of involvement in the Enron bankruptcy pro- 327 (S.D.N.Y. Bankr. 2002). 225,000, K-Mart had more employees ceedings, such unsavory court-shopping Enron used the place of incorporation than any company that had ever filed truly harms innumerable parties—large and of one of its small subsidiaries in order bankrupt nationwide. The Chicago small alike. Far too often, corporate debtors to file a bankruptcy claim in New judge let the failed executives take file for bankruptcy in a far-flung district solely because of their incorporation in the York, and then used that smaller claim tens of millions of dollars in bonuses, state where that district is located. as the basis for shifting all of its much perks, and loan forgiveness. Bank- Your proposal to amend 28 U.S.C. § 1408— larger bankruptcy proceedings into ruptcy lawyers also profited, pocketing the aptly named Fairness in Bankruptcy that same court. The company had nearly $140 million in legal fees. But Litigation Act—would prevent this unseemly 7,500 employees in the Houston head- some 43,000 creditors received only practice. As you know, bankruptcy forum quarters, but they filed for bankruptcy about ten cents on the dollar. shopping can adversely impact not just in New York, where Enron had only 57 Worldcom. Worldcom perpetrated one states and state agencies, but countless consumers, creditors, employees, pensioners, employees. of the biggest accounting frauds in his- stockholders, and small businesses that are This kind of blatant forum shopping tory, inflating its income by $9 billion. regularly thwarted from protecting their in- makes a mockery of our laws. The Although based in Mississippi, terests simply because the debtor filed in a common-sense legislation that I’ve in- Worldcom followed Enron into the New distant forum.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1127 The venue stratagems used by large law torically, the failure rates for big reorga- The CLLA strongly supports passage of the firms to maximize their professional fees, nization in non-competing courts have been Fairness in Bankruptcy Litigation Act of render far-away courts inaccessible to scores below 10%. 2005 (the ‘‘Act’’) since the proposed legisla- of unsecured creditors, and select compliant, Legislative action can address this prob- tion addresses these abuses. The Act will debtor-friendly judges undermine the credi- lem in a common sense, fair, simple and di- help to eliminate the forum shopping that bility of our nation’s bankruptcy system. In- rect way, by requiring bankrupt companies skews the bankruptcy process and will foster deed, after two years of public hearings, the file in their local bankruptcy courts. By greater local control over important busi- National Bankruptcy Review Commission local courts, I mean the courts in the cities ness and community decisions. Although the where the companies have their head- recommended that Congress overhaul the Act may require some technical modifica- law to prevent forum shopping by large quarters or their principal operations. This tions to achieve and address the legislation’s Chapter 11 debtors and their affiliates. I will free judges from the pressures to com- purported goals, its overall provisions and strongly support their recommendation and pete with other courts for cases, and enable applaud you for bringing this urgent matter them to return to the crucial function for goals are well grounded and supported by the to the attention of the United State Senate. which they were appointed: to protect share- abuses taking place within the bankruptcy Abusive forum shopping by corporate debt- holders, creditors, employees, suppliers, cus- system. ors harms Americans from all walks of life. tomers and the companies themselves during Much has been said among members of It is time for this gamesmanship to stop. I the brief but often frantic period between the Congress that bankruptcy reform is nec- commend your efforts to strengthen our failure of one corporate regime and its re- essary to prevent what it perceives as abuse bankruptcy system and safeguard the inter- placement with another. It will also ensure of the bankruptcy process. A venue provision ests of ordinary Americans. that these judges and courts hear from ev- that requires corporate bankruptcies to be Sincerely, eryone affected and entitled to be heard—not filed at the principal place of business fur- GREG ABBOTT. only those who can afford to travel or appear thers that goal and for all these reasons we in ‘‘foreign’’ courts, especially the public’s encourage the passage of the Act at the ear- MURPHY, HESSE, TOOMEY lawyers, the Attorneys General. It is not a liest opportunity. & LEHANE, LLP, ATTORNEYS AT LAW, panacea for economic insecurity, and it Respectfully submitted, Boston, MA, February 8, 2005. changes no legal rights or duties or law. But MARY K. WHITMER, Re Bankruptcy Venue Reform. it will cure a major inequity and a loophole President. Senator JOHN CORNYN, utilized primarily to ‘‘game’’ the system. En- JAY L. WELFORD, Hart Senate Office Building, actment of this bill, or a similar legislative Co-Chair, National Washington, DC. amendment, will enable us to say: ‘‘We had a Governmental Af- DEAR SENATOR: I commend efforts, either problem, and now we have fixed it.’’ fairs Committee. through an amendment to the bankruptcy SCOTT HARSHBARGER. PETER C. CALIFANO, bill before Congress or through the separate Chair, Legislative vehicle being introduced by Senator Cornyn, COMMERCIAL LAW LEAGUE Committee, Bank- to close a major jurisdictional loophole in ® OF AMERICA , ruptcy Section. the bankruptcy statutes which directly af- Chicago, IL, February 7, 2005. ALAN I. NAHMIAS, fects every investor, business competitor, Hon. JOHN CORNYN, Chair, Bankruptcy creditor, consumer, union, and state Attor- U.S. Senate, Section. ney General in this country. While forum Washington, DC. JUDITH GREENSTONE shopping and court competition are having a DEAR SENATOR CORNYN: The Commercial MILLER, direct, adverse effect on the governance and Law League of America (‘‘CLLA’’), founded Co-Chair, National reorganization of large, public companies, in 1895, is the Nation’s oldest organization of Governmental Af- investors are feeling that effect in their re- attorneys and other experts in credit and fi- fairs Committee. turns; employees and unions in the abroga- nance actively engaged in the field of com- tion of collectively bargained contracts and mercial law, bankruptcy and reorganization. economic security; competitors in the loss of Its membership exceeds 3,500 individuals. HARVARD LAW SCHOOL, a level playing field; consumers and credi- The CLLA has long been associated with the January 31, 2005. tors in the loss of basic rights; and Attorneys representation of creditor interests, while at Senator JOHN CORNYN, General in the loss of power to be heard and the same time seeking fair, equitable and ef- 617 Senate Hart Office Building, to protect the rights of constituents and ficient administration of bankruptcy cases Washington, DC. state public policy. for all parties in interest. For the past decade, most bankrupt large The Bankruptcy Section of the CLLA is DEAR SENATOR CORNYN: Since its incep- public companies have ‘‘forum shopped’’ made up of approximately 1,100 bankruptcy tion, the central promise of the Federal their cases to the bankauptcy courts in Wil- lawyers and bankruptcy judges from vir- bankruptcy system is that all creditors— mington, Delaware and New York City. For tually every State in the United States. Its large and small—have equal access to par- a time, that was generally thought to be ad- members include practitioners with both ticipate in the judicially-supervised liquida- vantageous. But events in Enron and other small and large practices, who represent dition or reorganization of the debtor. No cases have shown otherwise. The shopping vergent interests in bankruptcy cases. The bankruptcy will be run to benefit one group benefited bankruptcy professionals who CLLA has testified on numerous occasions of creditors over another, or to permit the worked in those cases by enabling them to before Congress as experts in the bankruptcy debtor to escape from close scrutiny after its charge higher fees and by freeing them from and reorganization fields. financial collapse. some restrictions on conflicts of interest. A principal concern of the CLLA is the Unfortunately, that promise has been sig- The shopping also benefited executives of need for an amendment requiring that the nificantly eroded. Mega-companies and their domicile and residence for venue of cor- some of those companies by allowing them counsel shop for courts that will render deci- to hang onto their jobs longer and in some porate debtors be conclusively presumed to sions that may favor the debtor, the attor- cases even be paid large ‘‘retention bonuses.’’ be the location of the debtor’s principal neys or a small group of powerful creditors. But the effect of forum shopping on the place of business without regard to the debt- companies—and hence on the shareholders or’s state of incorporation. Such a change These parties often file the bankruptcy peti- and bondholders who invested in them—has would benefit creditors and prevent an unac- tions in locations far distant from most of been decidedly negative. According to major ceptable degree of forum shopping by debtors the company’s business and from most of its studies and the empirical research of experts who are in search of a venue that will be creditors, including its workers, retirees and like Professor Lynn LoPucki of UCLA law friendly to their needs. More important, local trade creditors who have made their school, companies reorganized in the Dela- however, requiring that a corporate bank- own investments in the company. ware and New York courts in the early and ruptcy take place locally ensures that the Forum shopping creates an advantage for mid-1990s failed at a rate more than double distinct needs of the community are not the insiders, while making it virtually im- the rate for companies reorganized in other overlooked. possible for small creditors to participate in courts. As other courts copied Delaware in Allowing the practice of forum shopping by the bankruptcy process. Employees, pen- an effort to staunch their outflow of cases, debtors undermines the bankruptcy process sioners, trade creditors and others have the failure rates for those courts’ reorganiza- and creates unwarranted competition among claims that are important to them, but that tions skyrocketed to match Delaware’s the courts. Before filing, the debtor is able to are not large enough to justify millions of rates. To confirm a plan, the Bankruptcy determine which courts have taken friendly dollars in lawyers’ fees or trips to distant lo- Code requires that the court find that ‘‘con- views of the debtor’s particular needs and se- cations. As a result, many of these smaller firmation . . . is not likely to be followed by lect such a court with the intent of creating parties are shut out of the system. They lit- the liquidation, or the need for further finan- a disadvantage for creditors. Indeed, some cial reorganization of the debtor.’’ But of the corporate debtors have even commenced erally cannot get to the courthouse. 43 largest public companies reorganized in bankruptcy cases in preferred venues by Bankruptcy courts around the country are U.S. Bankruptcy Courts from 1997 through strategically creating or using otherwise capable of handling the cases that come 2000—the most recent period for which fail- healthy subsidiaries to create a basis for fil- their way—large or small. The judges are ure rates can be calculated—21 (49%) were ing in the intended court. Current law as smart and thoughtful, and the court per- back in bankruptcy within five years. His- written fosters these abuses. sonnel are dedicated and hard-working. No

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single court in this country, regardless of its Although I am expressing my own opinions CREEL & MOORE, L.L.P., experience, should have an exclusive lock on and not speaking for the University or the ATTORNEYS AND COUNSELORS, dealing with big cases. No court has special Law School, I write as someone who has Dallas, TX, February 4, 2005. powers or unique skills to deal with the practiced, studied, taught, and written about Re proposed bankruptcy legislation/venue. questions of claims, property of the estate, bankruptcy law for over thirty years. Please Senator JOHN CORNYN, financing, fraud, attorneys’ fees and so on— let me know if I can provide further informa- Hart Senate Building, Washington, DC. issues that can arise in any case, regardless tion that would be helpful to your work. DEAR SENATOR CORNYN: One of the issues of size. Respectfully, being discussed in connection with proposed The current system of court shopping JAY L. WESTBROOK, bankruptcy legislation is in what venue or harms too many parties. Closing a loophole BENNO C. SCHMIDT, venues is it most appropriate for business in the bankruptcy laws that permits this un- Chair of Business Law debtors to initiate voluntary bankruptcy seemly practice and forcing companies in cases, where they conduct their daily busi- trouble to subject themselves to the scrutiny UNIVERSITY OF CALIFORNIA, ness or where they were incorporated. of their local courts and local creditors is an LOS ANGELES, SCHOOL OF LAW, Because a corporation (or any other type important step toward strengthening the Los Angeles, CA, January 31, 2005. of business organization) seeking bankruptcy credibility of the bankruptcy system. The re- Senator JOHN CORNYN, relief should do so in a forum that is conven- form embodied in your proposal is real re- Hart Senate Office Bldg., ient for itself, its management, its employ- form. If a company prospers in part because ees and its creditors, Section 1408 of Title 28 it draws on the strength of the community Washington, DC. of the U.S. Code should be amended to pro- where it operates, that same community DEAR SENATOR CORNYN: I write to thank hibit the right of a debtor corporation to file should be able to participate fully in its fi- you for your courage in proposing the Fair- in the state of its incorporation unless it ei- nancial reorganization. ness in Bankruptcy Litigation Act of 2005. ther has its principal place of business or its Very truly yours, This legislation will not only provide protec- principal assets in that state. ELIZABETH WARREN, tion for all parties to large, public company The reason for requiring a debtor to seek Leo Gottlieb Professor of Law. bankruptcies, it will also protect honest bankruptcy judges from the pressures arising relief in a bankruptcy court nearest to its actual place of operation is that, otherwise, SCHOOL OF LAW, from the necessity to compete for cases. My the rights of the other parties are signifi- THE UNIVERSITY OF TEXAS AT AUSTIN, research suggests that by ending the neces- cantly and adversely affected because of the Austin, Texas, February 6, 2005. sity for the courts to compete for cases, this distance, delay and costs of dealing with a Senator JOHN CORNYN, legislation will result in better reorganiza- faraway court. Senate Hart Office Building, tions, the preservation of jobs, and higher re- The practice that has developed over the Washington, DC. turns to creditors and shareholders. years is that corporations, for example those DEAR SENATOR CORNYN: There is no single This is a difficult issue to present to the created under the laws of Delaware, file in reform of our Chapter 11 system that is as public, because it is both obscure and com- Delaware, far from their actual places of important as ensuring an end to the forum plex. Please be assured that I and many oth- business, Texas for example, thus causing shopping that has so distorted that system ers appalled by the competition will do what- their management, employees and creditors in recent years. The present venue rules are ever we can to assist you. to have the burden and expense of travel, to so loosely constructed that they permit any Yours truly, hire distant counsel with whom they have large public’ company to file a Chapter 11 LYAN M. LOPUCKI pretty much wherever it likes. Naturally, had no prior experience, or both, in order to the management of companies in financial protect their interests. Many times, at least trouble and the professionals that advise DEAR SENATOR CORNYN: I am writing to from a creditor/employee perspective, the in- them take advantage of those rules to choose you to support your effort to pass a bill that convenience and expense, when balanced the forum that will best serve their inter- would prevent corporations from shopping against the probability of an insignificant ests. Often that means a Chapter 11 filing in for the most favorable venue. The current recovery on a claim, is such that creditors/ a courthouse far away from the company’s practice has resulted in a ‘‘race to the bot- employees simply abandon their claims, a re- home. tom’’ as bankruptcy courts work hard to lure sult which is contrary to the spirit and in- These rules permit the company’s manage- corporate bankruptcies to their courts. tent of the Bankruptcy Code. ment to escape the close scrutiny of in- I was a professor at the University of Mis- As a bankruptcy practitioner for over 40 tensely interested local media and to avoid souri-Kansas City School of Law for almost years and one who is active in various bank- attendance at court hearings by employees, 20 years. My own worst example is the case ruptcy organizations, I urge you and your local suppliers, and others vitally interested of Birch Telecom, a Kansas City-based com- staff to consider the thoughts expressed in in the case and knowledgeable about the pany that filed in Delaware in 2002. After their letter. company. They force smaller creditors to file laying off a quarter of their employees—citi- As the grandfather of Richie Anderson who claims from afar, claims that are often the zens of Missouri, Kansas, and Texas—Birch served as an intern on your staff last sum- subject of an arbitrary objection by the debt- went into bankruptcy with a prepared plan mer, I know, from his experience, that you or that the distant creditor cannot afford to (known as a ‘‘pre-pack’’) that included sig- will listen to the opinions of your constitu- litigate. Conversely, creditors who received nificant compensation for the very officers ents. some payment before bankruptcy may be the who had led the company into bankruptcy. Yours very truly, L. E. CREEL, III. subject of long-distance preference attacks A bankruptcy judge from Texas, sitting by that they cannot properly defend in a remote designation (because of the volume of cases courthouse, especially if the amounts in- being filed in Delaware) had the audacity to WINSTEAD, volved, although substantial, are not enough suggest that he might not approve the plan February 4, 2005. to justify the expense of a defense. because of the compensation package. Before Re Bankruptcy Venue Reform Compounding the problem of expense is the his words were out of his mouth, Birch Hon. JOHN CORNYN, creditor’s lack of knowledge of lawyers in Telecom’s attorneys had appealed the ref- U.S. Senate, Hart Senate Office Bldg., the distant forum and the risk, especially in erence of the case to that judge. The case Washington, DC. Delaware, that in a big case most experi- was withdrawn, and a Delaware judge, who DEAR SENATOR CORNYN: I write in support enced local lawyers will already be com- understood that the game is appeasing the of reform of the Bankruptcy Code’s current mitted to other clients. On top of these di- corporate debtors, approved the plan 13 days venue provisions. rect injuries to creditors, in cases where a later. I am twenty-three year bankruptcy practi- trustee in bankruptcy is appointed, the ad- What possible chance do employees and tioner and head of the bankruptcy practice ministration of assets hundreds or thousands local creditors have when a distant bank- for our law firm, I additionally serve as Vice of miles removed from the trustee’s home ruptcy judge will rubber-stamp the com- President (Business Bankruptcy) of the cannot be done efficiently and rarely can be pany’s every request, in a court too far away Bankruptcy Section of the State Bar of done well. for them even to appear? Texas and am national co-chair of the Unse- These and other effects of forum shopping cured Trade Creditors’ Committee of the are inefficient and prejudicial. In addition, Congress says that it is trying to stop American Bankruptcy Institute. My prac- the present system imposes subtle pressures bankruptcy abuse. Venue shopping is the tice, while focused in Texas, brings me be- on bankruptcy judges and district judges, very worst example of bankruptcy abuse, and fore courts throughout the country—particu- who cannot be unaware that their decisions it affects the lives of thousands of ordinary larly those in Delaware and New York. as to venue will determine whether the com- Americans—employees and small busi- Practicing in Texas, I have personal expe- munity and the local bar will be greatly en- nesses—every single day. rience with the unfortunate practice of com- riched by the administration of large bank- I wish you good luck in the passage of this panies and their counsel shopping for fo- ruptcy cases. Despite the high degree of pro- important piece of legislation. rums. Whether to escape the watchful eye of fessionalism on our federal bench, it is not Sincerely, employees, creditors or the press, numerous reasonable to expect that these pressures CORINNE COOPER, companies from around the country have will have no effect. Professor Emerita of Law. filed bankruptcy cases in the District of

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1129 Delaware or the Southern District of New The opinions expressed in this letter are Mr. FEINGOLD. Mr. President, I am York to obtain what they believed would be my own and not those of Fulbright & Jawor- pleased to reintroduce legislation either favorable treatment or a venue for ski or its clients. I appreciate your consider- today that would increase the mileage their bankruptcy cases which would in large ation of my concerns. If you should have any measure frustrate the rights and interests of questions or need additional information or reimbursement rate for volunteers. their creditors and employees. It is for these assistance from me, please do not hesitate to Under current law, when volunteers reasons, among others, that I strongly sup- contact me. use their cars for charitable purposes, port a modification of the Bankruptcy Venue Sincerely, the volunteers may be reimbursed up Statute and urge prompt action. WILLIAM GREENDYKE. to 14 cents per mile for their donated If I can be of any assistance to you, please services without triggering a tax con- do not hesitate to call upon me. Best re- JANUARY 31, 2005. gards. Senator JOHN CORNYN, sequence for either the organization or Very truly yours, Senate Hart Office Building, the volunteers. If the charitable orga- BERRY D. SPEARS. Washington, DC. nization reimburses any more than DEAR SENATOR CORNYN: On behalf of the that, they are required to file an infor- MUNSCH HARDT KOPF & HARR PC, National Association of Credit Management mation return indicating the amount, ATTORNEYS & COUNSELORS, (NACM), I am writing to express the support and the volunteers must include the February 7, 2005. of NACM National Board of Directors and Re Amendment to Section 1408 of Title 28, the NACM membership for the Venue in amount over 14 cents per mile in their United States Code Bankruptcy Cases bill scheduled to be intro- taxable income. By contrast, the mile- Hon. JOHN CORNYN, duced by Senator Cornyn. This important age reimbursement level currently per- U.S. Senate, Hart Senate Office Bldg., legislation would provide enormous relief to mitted for businesses is 40.5 cents per Washington, DC. the thousands of business creditors, and mile. DEAR SENATOR CORNYN: As a bankruptcy most importantly to small business creditors whose interests are routinely impaired by a We are asking volunteers and volun- practitioner for some 25 years, I am writing teer organizations to bear a greater to voice my support for an amendment to bankruptcy process that is long-overdue for the venue provisions of Section 1408 of Title change. burden of delivering essential services. 28, United States Code. As has been well doc- NACM is a 22,000-member trade associa- But the 14 cents per mile limit is pos- umented, the concept of ‘‘forum shopping’’ tion, representing the interests of corporate ing a very real hardship for charitable by significant Chapter 11 Debtors throughout (commercial) credit executives. NACM was organizations and other nonprofit the country has become an art form over the founded in 1896 and represents both Amer- groups. I have heard from a number of last few years. Certain jurisdictions now ac- ican business credit professionals in all 50 states as well as business credit executives people in Wisconsin on the need to in- tively campaign to attract large, high-pro- crease this reimbursement limit. file bankruptcy cases to their venue. It goes in more than 30 countries worldwide. without saying that bankruptcy judges must NACM’s mission is to ensure the constant A representative of one organization, become ‘‘Debtor friendly’’ in order to main- improvement and enhancement of the busi- the Portage County Department on tain the attractiveness of these venue op- ness trade credit profession and process. Aging, explained just how important tions. Accordingly, decisions relating to the NACM’s membership comprises all types of businesses: manufacturers, wholesalers, serv- volunteer drivers are to their ability to allowance of professional fees, conflicts and provide services to seniors in that other critical bankruptcy issues have be- ice industries, and financial institutions. come disparate throughout the country. NACM’s members range in size from small county. The Department on Aging re- An amendment to Section 1408, which lim- businesses to a majority of the Fortune 500. ported that dozens of volunteer drivers its the use of the state of incorporation to NACM members make the daily decisions to delivered meals to homes and trans- those instances where the Debtors’ principal extend unsecured, business and trade credit ported people to medical appointments, place of business or principal assets reside, from one company to another. NACM mem- meal sites, and other essential services. will promote uniformity as well as removing bers—the business credit executive—approve some of the perceived inequities in the sys- and provide billions of dollars each day in As many of my colleagues know, the tem. The public’s perception of a fair and business and trade credit, which fuels this senior meals program is one of the uniform bankruptcy system is paramount. country’s business economy. most vital services provided under the Thank you for your interest in this legisla- This bill would provide much needed relief Older Americans Act, and ensuring tion. to businesses and—perhaps even more importantly—to small businesses. This bill would that meals can be delivered to seniors Very truly yours, or that seniors can be taken to meal RUSSELL L. MUNSCH. provide relief to the current practice of requesting a transfer of venue, which is both sites is an essential part of that pro- FULBRIGHT & JAWORSKI, L.L.P., expensive and time consuming to both the gram. Unfortunately, Federal support Houston, Texas, February 7, 2005. debtor’s estate and to creditors. Addition- for the senior nutrition programs has Re bankruptcy venue reform. ally, this bill would address any abuse that stagnated in recent years. This has in- currently exists in the Code that encourages creased pressure on local programs to Senator JOHN CORNYN, ‘‘shopping’’ cases into a ‘‘friendly forum’’. Senate Hart Office Building, Washington, DC. Our membership stands ready to provide leverage more volunteer services to DEAR SENATOR CORNYN: I write you to ex- whatever level of support is needed to ad- make up for lagging Federal support. press my strong support for bankruptcy vance this important legislation. As the na- The 14 cents per mile reimbursement venue reform. By way of introduction, I have tional organization representing the decision limit, though, increasingly poses a bar- been a partner in the bankruptcy section of makers within the American economic rier to obtaining those contributions. Fulbright & Jaworski since June 1, 2004. model who drive commerce, we hope you will Prior to that, I served as a United States Portage County reports that many of ensure that Congressional leadership will their volunteers cannot afford to offer Bankruptcy Judge in Houston for almost 17 take action on this bill as expeditiously as years, resigning as Chief Judge a day before possible. their services under such a restriction. I joined Fulbright. We must provide immediate relief to the And if volunteers cannot be found, Over the many years of my judicial career, small business that simply cannot afford to their services will have to be replaced I watched as many cases which should have wait any longer for bankruptcy reform from by contracting with a provider, greatly been filed in Texas instead found their way Congress. to the dockets of courts in Delaware, New increasing costs to the Department, Thank you for your consideration of our costs that come directly out of the pot York, or some other distant jurisdiction. comments and please let us know what we This migration of large cases is not unique can do to assist you in advancing this legis- of funds available to pay for meals and to Texas and it represents a fundamental lation. other services. flaw in the perceived and actual fairness of Sincerely yours, And the same is true for thousands of the bankruptcy system. The ‘‘little people’’ ROBIN SCHAUSELL, CAE, other non-profit and charitable organi- (small creditors, former employees, etc.) in a President. large bankruptcy case are at once the most zations that provide essential services vulnerable economically and the parties By Mr. FEINGOLD: to communities across our Nation. least capable of participating in a distant S. 315. A bill to amend the Internal By contrast, businesses do not face forum. Revenue Code of 1986 to provide that this restrictive mileage reimbursement I firmly feel the integrity of today’s bank- reimbursements for costs of using pas- limit. The comparable mileage rate for ruptcy system requires that the rights of all involved be protected and that fair access to senger automobiles for charitable and someone who works for a business is court be ensured. Bankruptcy venue reform other organizations are excluded from currently 40.5 cents per mile. This dis- would be a tremendous step toward recti- gross income, and for other purposes; parity means that a business hired to fying these problems. to the Committee on Finance. deliver the same meals delivered by

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1130 CONGRESSIONAL RECORD — SENATE February 8, 2005 volunteers for Portage County may re- tion. The preceding sentence shall apply only S. 316. A bill to limit authority to imburse their employees over double to the extent that such reimbursement delay notice of search warrants; to the the amount permitted the volunteer would be deductible under this chapter if section 274(d) were applied— Committee on the Judiciary. without a tax consequence. ‘‘(1) by using the standard business mileage Mr. FEINGOLD. Mr. President, today This doesn’t make sense. The 14 cents rate established under such section, and per mile volunteer reimbursement I will reintroduce in the Senate the ‘‘(2) as if the individual were an employee Reasonable Notice and Search Act. limit is badly outdated. According to of an organization not described in section the Congressional Research Service, 170(c). This bill is nearly identical to a bill I Congress first set a reimbursement ‘‘(b) NO DOUBLE BENEFIT.—Subsection (a) introduced in the 108th Congress, S. rate of 12 cents per mile as part of the shall not apply with respect to any expenses 1701. It addresses Section 213 of the if the individual claims a deduction or credit USA-PATRIOT Act, the provision of Deficit Reduction Act of 1984, and did for such expenses under any other provision not increase it until 1997, when the of this title. that important statute passed in the level was raised slightly, to 14 cents ‘‘(c) EXEMPTION FROM REPORTING REQUIRE- wake of the 9/11 attacks that has per mile, as part of the Taxpayer Relief MENTS.—Section 6041 shall not apply with re- caused perhaps the most concern Act of 1997. spect to reimbursements excluded from income under subsection (a).’’. among Members of Congress and the The bill I am introducing today is (b) CLERICAL AMENDMENT.—The table of public. Section 213, sometimes referred identical to a measure I introduced in sections for part III of subchapter B of chap- to as the ‘‘delayed notice search provi- the 107th Congress and the 108th Con- ter 1 of the Internal Revenue Code of 1986 is sion’’ or the ‘‘sneak and peek provi- gress in nearly every respect. It raises amended by inserting after the item relating sion,’’ authorizes the government in the limit on volunteer mileage reim- to section 139A and inserting the following bursement to the level permitted to new item: limited circumstances to conduct a businesses. It is essentially the same ‘‘Sec. 139B. Reimbursement for use of pas- search without immediately serving a provision passed by the Senate as part senger automobile for char- search warrant on the owner or occu- ity.’’. of a tax bill in 1999, and it is essentially pant of the premises that have been (c) EFFECTIVE DATE.—The amendments searched. the same provision that passed the made by this section shall apply to taxable Senate as part of the CARE Act. years beginning after the date of the enact- Prior to the PATRIOT Act, secret At the time of the 1999 tax bill, the ment of this Act. searches for physical evidence were Joint Committee on Taxation (JCT) es- SEC. 2. INCREASE IN CRIMINAL MONETARY PEN- performed in some jurisdictions under ALTY LIMITATION FOR THE UNDER- timated that the mileage reimburse- the authority of Court of Appeals deci- ment provision would result in the loss PAYMENT OR OVERPAYMENT OF TAX DUE TO FRAUD. sions, but the Supreme Court never de- of $1 million over the five-year fiscal (a) IN GENERAL.—Section 7206 of the Inter- finitively ruled whether they were con- period from 1999 to 2004. The revenue nal Revenue Code of 1986 (relating to fraud stitutional. Section 213 of the PA- loss was so small that the JCT did not and false statements) is amended— make the estimate on a year by year (1) by striking ‘‘Any person who—’’ and in- TRIOT Act authorized delayed notice basis. serting ‘‘(a) IN GENERAL.—Any person who— warrants in any case in which an ‘‘ad- Though the revenue loss is small, it ’’, and verse result’’ would occur if the war- is vital that we do everything we can (2) by adding at the end the following new rant were served before the search was subsection: to move toward a balanced budget, and ‘‘(b) INCREASE IN MONETARY LIMITATION FOR executed. Adverse result was defined as to that end I have included a provision UNDERPAYMENT OR OVERPAYMENT OF TAX DUE including: 1. endangering the life or to fully offset the cost of the measure TO FRAUD.—If any portion of any under- physical safety of an individual; 2. and make it deficit neutral. That pro- payment (as defined in section 6664(a)) or flight from prosecution; 3. destruction vision increases the criminal monetary overpayment (as defined in section 6401(a)) of of or tampering with evidence; 4. in- penalties for individuals and corpora- tax required to be shown on a return is attributable to fraudulent action described in timidation of potential witnesses; or 5. tions convicted of tax fraud. The provi- subsection (a), the applicable dollar amount otherwise seriously jeopardizing an in- sion passed the Senate in the 108th under subsection (a) shall in no event be less vestigation or unduly delaying a trial. Congress as part of the JOBS bill, but than an amount equal to such portion. A rule This last catch-all category could was later dropped in conference and similar to the rule under section 6663(b) shall apply in virtually any criminal case. In was not included in the final version of apply for purposes of determining the por- addition, while some courts had re- that bill. tion so attributable.’’. I urge my colleagues to support this (b) INCREASE IN PENALTIES.— quired the service of the warrant with- (1) ATTEMPT TO EVADE OR DEFEAT TAX.— measure. It will help ensure charitable in a specified period of time, the PA- Section 7201 of the Internal Revenue Code of TRIOT Act simply required that the organizations can continue to attract 1986 is amended— the volunteers that play such a critical (A) by striking ‘‘$100,000’’ and inserting warrant specify that it would be served role in helping to deliver services and ‘‘$250,000’’, within a ‘‘reasonable’’ period of time it will simplify the tax code both for (B) by striking ‘‘$500,000’’ and inserting after the search. nonprofit groups and the volunteers ‘‘$1,000,000’’, and It is interesting to note that this pro- themselves. (C) by striking ‘‘5 years’’ and inserting ‘‘10 years’’. vision of the PATRIOT Act was not I ask unanimous consent that the limited to terrorism cases. In fact, be- text of the legislation be printed in the (2) WILLFUL FAILURE TO FILE RETURN, SUP- PLY INFORMATION, OR PAY TAX.—Section 7203 fore the PATRIOT Act passed, the FBI RECORD. There being no objection, the bill was of such Code is amended— already had the authority to conduct (A) in the first sentence— ordered to be printed in the RECORD, as secret searches of foreign terrorists (i) by striking ‘‘misdemeanor’’ and insert- and spies with no notice at all under follows: ing ‘‘felony’’, and S. 315 (ii) by striking ‘‘1 year’’ and inserting ‘‘10 the Foreign Intelligence Surveillance Be it enacted by the Senate and House of Rep- years’’, and Act. Furthermore, the PATRIOT Act resentatives of the United States of America in (B) by striking the third sentence. ‘‘sneak and peek’’ authority was not Congress assembled, (3) FRAUD AND FALSE STATEMENTS.—Section made subject to the sunset provision SECTION 1. MILEAGE REIMBURSEMENTS TO 7206(a) of such Code (as redesignated by sub- that will cause many of the new sur- CHARITABLE VOLUNTEERS EX- section (a)) is amended— veillance provisions of the act to expire CLUDED FROM GROSS INCOME. (A) by striking ‘‘$100,000’’ and inserting (a) IN GENERAL.—Part III of subchapter B ‘‘$250,000’’, at the end of this year unless Congress of chapter 1 of the Internal Revenue Code of (B) by striking ‘‘$500,000’’ and inserting reenacts them. So Section 213 was pret- 1986 is amended by inserting after section ‘‘$1,000,000’’, and ty clearly a provision that the Depart- 139A the following new section: (C) by striking ‘‘3 years’’ and inserting ‘‘5 ment of Justice wanted regardless of ‘‘SEC. 139B. MILEAGE REIMBURSEMENTS TO years’’. CHARITABLE VOLUNTEERS. (c) EFFECTIVE DATE.—The amendments the terrorism threat after 9/11. ‘‘(a) IN GENERAL.—Gross income of an indi- made by this section shall apply to under- Perhaps that is why this provision vidual does not include amounts received, payments and overpayments attributable to has caused such controversy since it from an organization described in section actions occurring after the date of the enact- was passed. In 2003, by a wide bipar- 170(c), as reimbursement of operating ex- ment of this Act. penses with respect to use of a passenger tisan margin, the House passed an automobile for the benefit of such organiza- By Mr. FEINGOLD: amendment to the Commerce-Justice-

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1131 State appropriations bill offered by from across the political spectrum that By Mr. FEINGOLD (for himself, Representative Otter from Idaho, a Re- this provision was passed in haste and Mr. AKAKA, Mr. BINGAMAN, Ms. publican, to stop funding for delayed presents the potential for abuse. They CANTWELL, Mr. CORZINE, Mr. notice searches authorized under sec- also send a message that Fourth DAYTON, Mr. DURBIN, Mr. JEF- tion 213. The size of the vote took the Amendment rights have meaning and FORDS, Mr. KENNEDY, and Mr. Department by surprise, and it imme- potential violations of those rights WYDEN): diately set out to defend the provision should be minimized if at all possible. S. 317. A bill to protect privacy by aggressively. Clearly, this is a power I urge my colleagues to support this limiting the access of the Government that the Department does not want to bill. to library, bookseller, and other per- lose. I ask unanimous consent that the sonal records for foreign intelligence I raised concerns about the sneak and text of the bill be printed in the and counterintelligence purposes; to peek provision when it was included in RECORD. the Committee on the Judiciary. the PATRIOT Act. I did not, and still There being no objection, the bill was Mr. FEINGOLD. Mr. President, today do not, believe there had been adequate ordered to be printed in the RECORD, as I will reintroduce the Library, Book- study and analysis of the justifications follows: seller, and Personal Records Privacy for these searches and the potential S. 316 Act. The bill is identical to the bill I safeguards that might be included. I Be it enacted by the Senate and House introduced in the 108th Congress, S. did not argue then, however, and I am of Representatives of the United States of 1507. not arguing now that there should be America in Congress assembled, This bill would amend Sections 215 no delayed notice searches at all and SECTION 1. SHORT TITLE. and 505 of the USA–PATRIOT Act to that the provision should be repealed. I This Act may be cited as the ‘‘Reasonable protect the privacy of law-abiding simply believe that this provision Notice and Search Act’’. Americans. It would set reasonable should be modified to protect against SEC. 2. LIMITATION ON AUTHORITY TO DELAY limits on the Federal Government’s ac- abuse. My bill will do four things to ac- NOTICE OF SEARCH WARRANTS. cess to library, bookseller, medical, Section 3103a of title 18, United States and other sensitive, personal informa- complish this. Code, is amended— First, my bill would narrow the cir- (1) in subsection (b)— tion under the Foreign Intelligence cumstances in which a delayed notice (A) in paragraph (1), by striking ‘‘may have Surveillance Act (‘‘FISA’’) and related warrant can be granted to the fol- an adverse result (as defined in section 2705)’’ foreign intelligence authority. lowing: potential loss of life, flight and inserting ‘‘will endanger the life or phys- I am pleased that several of my dis- from prosecution, destruction or tam- ical safety of an individual, result in flight tinguished colleagues have joined me pering with evidence, or intimidation from prosecution, result in the destruction as original cosponsors of this impor- of potential witnesses. The ‘‘catch-all of or tampering with the evidence sought tant legislation. under the warrant, or result in intimidation Millions of Patriotic Americans love provision’’ in section 213, allowing a se- of potential witnesses’’; and cret search when serving the warrant (B) in paragraph (3), by striking ‘‘a reason- our country and support our military would ‘‘seriously jeopardize an inves- able period’’ and all that follows and insert- men and women in their difficult mis- tigation or unduly delay a trial’’ can ing ‘‘7 calendar days, which period, upon ap- sions abroad, but worry about the fate too easily be turned into permission to plication of the Attorney General, the Dep- of our Constitution here at home. do these searches whenever the govern- uty Attorney General, or an Associate Attor- Much of our Nation’s strength comes ment wants. ney General, may thereafter be extended by from our constitutional liberties and Second, I believe that any delayed the court for additional periods of up to 7 respect for the rule of law. That is notice warrant should provide for a calendar days each if the court finds, for what has kept us free for our two and each application, reasonable cause to believe a quarter century history. Our con- specific and limited time period within that notice of the execution of the warrant which notice must be given—7 days. will endanger the life or physical safety of an stitutional freedoms, our American This is consistent with some of the pre- individual, result in flight from prosecution, values, are what make our country PATRIOT Act court decisions and will result in the destruction of or tampering worth fighting for as we strive to win help to bring this provision in closer with the evidence sought under the warrant, the war on terror. accord with the Fourth Amendment to or result in intimidation of potential wit- Here at home, there is no question the Constitution. Under my bill, pros- nesses.’’; and that the FBI needs ample resources and ecutors will be permitted to seek 7-day (2) by adding at the end the following: legal authority to prevent future acts ‘‘(c) REPORTS.— of terrorism. But the PATRIOT Act extensions if circumstances continue ‘‘(1) IN GENERAL.—On a semiannual basis, to warrant that the subject not be the Attorney General shall transmit to Con- went too far when it comes to the gov- made aware of the search. But the de- gress and make public a report concerning ernment’s access to personal informa- fault should be a week, unless a court all requests for delays of notice, and for ex- tion about law abiding Americans. is convinced that more time should be tensions of delays of notice, with respect to Even though in the end I opposed the permitted. warrants under subsection (b). PATRIOT Act, there were many provi- Third, Section 213 should include a ‘‘(2) CONTENTS.—Each report under para- sions that I did support. And even in sunset provision so that it expires graph (1) shall include, with respect to the those provisions I sought to amend preceding 6-month period— when the bill was debated, there was along with the other expanded surveil- ‘‘(A) the total number of requests for lance provisions in Title II of the PA- delays of notice with respect to warrants often some change that I supported. TRIOT Act, at the end of 2005. This will under subsection (b); For example, Congress was right to ex- allow Congress to determine if the bal- ‘‘(B) the total number of such requests pand the category of business records ance between civil liberties and law en- granted or denied; that the FBI could obtain pursuant to forcement has been correctly struck. ‘‘(C) for each request for delayed notice the Foreign Intelligence Surveillance Finally, the bill requires a public re- that was granted, the total number of appli- Act. Prior to the PATRIOT Act, the port on the number of times that sec- cations for extensions of the delay of notice FBI could seek a court order to obtain tion 213 is used, the number of times and the total number of such extensions only travel records—such as airline, granted or denied; and that extensions are sought beyond the ‘‘(D) on an aggregate basis, the nature of hotel, and car rental records—and 7-day notice period, and the type of the crime being investigated for each request records maintained by storage facili- crimes being investigated with this for delay of notice that was granted or de- ties. The PATRIOT Act allows any power. This information will help the nied.’’. business records to be subpoenaed. I public and Congress evaluate the need SEC. 3. SUNSET ON DELAYED NOTICE AUTHOR- don’t quibble with that change. for this authority and determine ITY. But what my colleagues and I do find whether it should be retained or modi- (a) PATRIOT ACT.—Section 224(a) of the problematic—and an increasing num- fied after the sunset. USA PATRIOT Act of 2001 (Public Law 107– ber of Americans who value their pri- 56; 115 Stat. 295) is amended by striking These are reasonable and moderate ‘‘213,’’. vacy and First Amendment rights changes to the law. They do not gut (b) AMENDMENTS.—The amendments made agree with us—is that the current law the provision. Rather, they recognize by this Act shall sunset as provided in sec- allows the FBI broad, almost unfet- the growing and legitimate concern tion 224 of the USA PATRIOT Act of 2001. tered access to personal information

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1132 CONGRESSIONAL RECORD — SENATE February 8, 2005 about law-abiding Americans who have contains a provision that prohibits post-September 11 world is a different no connection to terrorism or spying. anyone who receives a subpoena from world. There are circumstances when Section 215 of the PATRIOT Act re- disclosing that fact to anyone. the FBI should legitimately have ac- quires the FBI to show in an applica- In testimony before the Judiciary cess to library, bookseller, or other tion to the court that the documents Committee, Attorney General Ashcroft personal information. are ‘‘sought for’’ an international ter- stated that as of September 18, 2003, I’d like to take a moment to explain rorism or foreign intelligence inves- the Department of Justice had never how the safeguard in my bill would be tigation. There is no requirement that used Section 215. The Department has applied. Suppose the FBI is conducting the FBI make a showing of individual- not made that claim in public testi- an investigation of an international ized suspicion that the documents re- mony since then, leading many to spec- terrorist organization. It has informa- late to a suspected terrorist or spy. ulate that the provision has now been tion that suspected members of the In other words, under current law, used. Whether it has been used once, or group live in a particular neighbor- the FBI could serve a subpoena on a li- dozens of times, the problem with the hood. The FBI would like to obtain brary for all the borrowing records of section remains—it is too broad and records from the library in the sus- its patrons or on a bookseller for the does not permit adequate judicial su- pects’ neighborhood. Under current purchasing records of its customers pervision. There is a potential for over- law, the FBI could decide to ask the li- simply by asserting that they want the reaching that Congress must address. brary for all records concerning anyone records for a terrorism investigation. David Schwartz, president of Harry who has ever borrowed a book or used Since the passage of the PATRIOT W. Schwartz Bookshops, the oldest and a computer, and what books were bor- Act, librarians and booksellers have be- largest independent bookseller in Mil- rowed, simply by asserting that the come increasingly concerned by the po- waukee, summed up well the American documents are sought for a terrorism tential for abuse of this law. I was values at stake when he said: ‘‘The FBI investigation. But under my bill, the pleased to stand with the American already has significant subpoena pow- FBI could not do so. The FBI would Booksellers Association and the Free ers to obtain records. There is no need have to set forth specific and Expression Network over 2 years ago for the government to invade a per- articulable facts giving reason to be- when we first started to raise these son’s privacy in this way. This is a lieve that the person to whom the concerns. uniquely un-American tool, and it records pertain is a suspected terrorist. Librarians and booksellers are con- should be rejected. The books we read The FBI could obtain only those li- cerned that under the PATRIOT Act, are a very private part of our lives. brary records—such as borrowing the FBI could seize records from librar- People could stop buying books, and records or computer sign-in logs—that ies and booksellers in order to monitor they could be terrified into silence.’’ pertain to the suspected terrorists. The what books Americans have purchased I would not claim that we have FBI could not obtain library records or borrowed, or who has used a li- reached the point where people in this concerning individuals who are not sus- brary’s or bookstore’s internet com- country are afraid to buy books, but pected terrorists. So, under my bill, the FBI can still puter stations, even if there is no evi- section 215 is a tool that is unneces- obtain documents that it legitimately dence that the person is a terrorist or sarily broad. And it raises the specter needs, but my bill would also protect spy, or has any connection to a ter- of indiscriminate government snooping the privacy of law-abiding Americans. I rorist or spy. into the private lives of innocent citi- might add that if, as the Justice De- These concerns are so strong that zens, which is an unnecessary distrac- partment says, the FBI is using its PA- some librarians across the country tion from the serious law enforcement TRIOT Act powers in a responsible have taken the unusual step of destroy- work that is needed to fight terrorism. manner, does not seek the records of ing records of patrons’ book and com- It is time to reconsider those provi- law-abiding Americans, and only seeks puter use, as well as posting signs on sions of the PATRIOT Act that are un- the records of suspected terrorists or computer stations warning patrons American and, frankly, unpatriotic. suspected spies, then there is no reason that whatever they read or access on But my concerns with the PATRIOT for the Department to object to my Act go beyond library and bookseller the internet could be monitored by the bill. federal government. records. Under section 215 of the PA- The second part of my bill would ad- As a librarian in California said, ‘‘We TRIOT Act, the FBI could seek any dress privacy concerns with another felt strongly that this had to be done. records maintained by a business. Federal law enforcement power ex- . . . The government has never had this These business records could contain panded by the PATRIOT Act—the kind of power before. It feels like Big sensitive, personal information—for ex- FBI’s national security letter author- Brother.’’ ample, medical records maintained by ity. The FBI does not need court ap- And as the executive director of the a doctor or hospital or credit records proval to use this power. American Library Association said, maintained by a credit agency. All the My bill would amend section 505 of ‘‘This law is dangerous.... I read FBI would have to do is simply assert the PATRIOT Act. Part of this section murder mysteries—does that make me that the records are ‘‘sought for’’ its relates to the production of records a murderer? I read spy stories—does terrorism or foreign intelligence inves- maintained by electronic communica- that mean I’m a spy? There’s no clear tigation. tions providers. Libraries or bookstores link between a person’s intellectual Section 215 of the PATRIOT Act goes with internet access for customers pursuits and their actions.’’ too far. Americans rightfully have a could be deemed ‘‘electronic commu- The American people do not know reasonable expectation of privacy in nication providers’’ and therefore be how many or what kind of requests their library, bookstore, medical, fi- subject to a request by the FBI under Federal agents have made for library nancial, or other records containing its NSL authority. records under the PATRIOT Act. The personal information. Prudent safe- As I mentioned earlier, some librar- Justice Department refuses to release guards are needed to protect these le- ians are so concerned about the poten- that information to the public. gitimate privacy interests. tial for abuse by the FBI that they But in a survey released by the Uni- The Library, Bookseller, and Per- have taken matters into their own versity of Illinois at Urbana-Cham- sonal Records Privacy Act is a reason- hands before the FBI knocks on their paign, about 550 libraries around the able solution. It would restore a pre- door. Some librarians have begun Nation reported having received re- PATRIOT Act requirement that the shredding on a daily basis sign-in logs quests from Federal or local law en- FBI make a factual, individualized and other documents relating to the forcement during the past year. About showing that the records sought per- public’s use of library computer termi- half of the libraries said they complied tain to a suspected terrorist or spy nals to access the internet. with the law enforcement request, and while leaving in place other PATRIOT Again, safeguards are needed to en- another half indicated that they had Act expansions of this business records sure that any individual who accesses not. power. the internet at a library or bookstore Americans don’t know much about My bill will not prevent the FBI from does not automatically give up all ex- these incidents, because the law also doing its job. It recognizes that the pectations of privacy. Like the section

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1133 215 fix I’ve discussed, my bill would re- ‘‘(A) there are specific and articulable would modify existing law to more acquire an individualized showing by the facts giving reason to believe that the person curately reflect the intent of the provi- FBI of how the records of internet to whom the records pertain is a foreign sion, and also protect against invasions usage maintained by a library or book- power or an agent of a foreign power; and of privacy. ‘‘(B) the application meets the other re- Section 217 was designed to permit seller pertain to a suspected terrorist quirements of this section.’’. or spy. (c) OVERSIGHT OF REQUESTS FOR PRODUC- law enforcement to assist computer Yes, the American people want the TION OF RECORDS.—Section 502 of that Act (50 owners who are subject to denial of FBI to be focused on preventing ter- U.S.C. 1862) is amended— service attacks or other episodes of rorism. And, yes, it may make sense to (1) in subsection (a), by striking ‘‘the Per- hacking. The original Department of make some changes to the law to allow manent’’ and all that follows through ‘‘the Justice draft of the bill that later be- the FBI access to the information that Senate’’ and inserting ‘‘the Permanent Se- came the PATRIOT Act included this it needs to prevent terrorism. But we lect Committee on Intelligence and the Com- provision. A section by section analysis do not need to change the values that mittee on the Judiciary of the House of Rep- provided by the Department on Sep- resentatives and the Select Committee on constitute who we are as a Nation in Intelligence and the Committee on the Judi- tember 19, 2001, stated the following: order to protect ourselves from ter- ciary of the Senate’’; and ‘‘Current law may not allow victims of rorism. We can protect both our Nation (2) in subsection (b), by striking ‘‘On a computer trespassing to request law and our privacy and civil liberties. semiannual basis,’’ and all that follows enforcement assistance in monitoring An increasing number of Americans through ‘‘a report setting forth’’ and insert- unauthorized attacks as they occur. are beginning to understand that the ing ‘‘The report of the Attorney General to Because service providers often lack PATRIOT Act went too far. Four the Committees on the Judiciary of the the expertise, equipment, or financial States and over 350 cities and counties House of Representatives and the Senate resources required to monitor attacks under subsection (a) shall set forth’’. across the country have now passed themselves as permitted under current resolutions expressing opposition to SEC. 3. PRIVACY PROTECTIONS ON GOVERNMENT ACCESS TO INFORMATION ON COM- law, they often have no way to exercise the PATRIOT Act. And it’s not just the PUTER USERS AT BOOKSELLERS their rights to protect themselves from Berkeleys and Madisons of this Nation, AND LIBRARIES UNDER NATIONAL unauthorized attackers. Moreover, but other States and communities with SECURITY AUTHORITY. such attackers can target critical in- strong conservative and libertarian (a) IN GENERAL.—Section 2709 of title 18, United States Code, is amended— frastructures and engage in values, such as Alaska and cities in cyberterrorism. To correct this prob- Montana, that have passed such resolu- (1) by redesignating subsection (e) as subsection (f); and lem, and help to protect national secu- tions. (2) by inserting after subsection (d) the fol- rity, the proposed amendments to the I have many concerns with the PA- lowing new subsection (e): wiretap statute would allow victims of TRIOT Act. I am not seeking to repeal ‘‘(e) RECORDS OF BOOKSELLERS AND LIBRAR- computer attacks to authorize persons it, in whole or in part. In this bill, my IES.—(1) When a request under this section is ‘acting under color of law’ to monitor colleagues and I are only seeking to made to a bookseller or library, the certifi- trespassers on their computer systems cation required by subsection (b) shall also modify two provisions that pose seri- in a narrow class of cases.’’ ous potential for abuse. specify that there are specific and articulable facts giving reason to believe I strongly supported the goal of giv- The privacy of law-abiding Ameri- ing computer system owners the abil- cans is at stake, along with their con- that the person or entity to whom the records pertain is a foreign power or an ity to call in law enforcement to help fidence in their government. Congress agent of a foreign power. defend themselves against hacking. In- should act to protect our privacy and ‘‘(2) In this subsection: cluding such a provision in the PA- reassure our citizens. The Library, ‘‘(A) The term ‘bookseller’ means a person TRIOT Act made a lot of sense. Unfor- Bookseller, and Personal Records Pri- or entity engaged in the sale, rental, or de- tunately, the drafters of the provision livery of books, journals, magazines, or other vacy Act bill is a reasonable approach made it much broader than necessary, to do just that. I urge my colleagues to similar forms of communication in print or digitally. and refused to amend it at the time we support this legislation. debated the bill in 2001. As a result, the I ask unanimous consent that the ‘‘(B) The term ‘library’ means a library (as law now gives the government the au- text of the bill be printed in the that term is defined in section 213(2) of the Library Services and Technology Act (20 thority to intercept communications RECORD. U.S.C. 9122(2))) whose services include access There being no objection, the bill was by people using computers owned by to the Internet, books, journals, magazines, others as long as they have engaged in ordered to be printed in the RECORD, as newspapers, or other similar forms of com- some unauthorized activity on the follows: munication in print or digitally to patrons computer, and the owner gives permis- S. 317 for their use, review, examination, or cir- sion for the computer to be mon- Be it enacted by the Senate and House of Rep- culation. resentatives of the United States of America in ‘‘(C) The terms ‘foreign power’ and ‘agent itored—all without judicial approval. Congress assembled, of a foreign power’ have the meaning given Only people who have a ‘‘contractual SECTION 1. SHORT TITLE. such terms in section 101 of the Foreign In- relationship’’ with the owner allowing This Act may be cited as the ‘‘Library, telligence Surveillance Act of 1978 (50 U.S.C. the use of a computer are exempt from Bookseller, and Personal Records Privacy 1801).’’. the definition of a computer trespasser Act’’. (b) SUNSET OF CERTAIN MODIFICATIONS ON under section 217 of the PATRIOT Act. ACCESS.—Section 224(a) of the USA PA- SEC. 2. PRIVACY PROTECTIONS ON GOVERNMENT Many people—for example, college stu- TRIOT ACT of 2001 (Public Law 107–56; 115 ACCESS TO LIBRARY, BOOKSELLER, dents, patrons of libraries, Internet AND OTHER PERSONAL RECORDS Stat. 295) is amended by inserting ‘‘and sec- UNDER FOREIGN INTELLIGENCE tion 505’’ after ‘‘by those sections)’’. cafes or airport business lounges, and SURVEILLANCE ACT OF 1978. guests at hotels—use computers owned (a) APPLICATIONS FOR ORDERS.—Subsection By Mr. FEINGOLD: by others with permission, but without (b) of section 501 of the Foreign Intelligence S. 318. A bill to clarify conditions for a contractual relationship. They could Surveillance Act of 1978 (50 U.S.C. 1861) is the interceptions of computer trespass end up being the subject of government amended— communications under the USA–PA- snooping if the owner of the computer (1) in paragraph (1), by striking ‘‘and’’ at the end; TRIOT Act; to the Committee on the gives permission to law enforcement. (2) in paragraph (2), by striking the period Judiciary. My bill would clarify that a com- at the end and inserting ‘‘; and’’; and Mr. FEINGOLD. Mr. President, I am puter trespasser is not someone who (3) by adding at the end the following new pleased to introduce the Computer has permission to use a computer by paragraph: Trespass Clarification Act of 2005, the owner or operator of that com- ‘‘(3) shall specify that there are specific which would amend and clarify section puter. It would bring the existing com- and articulable facts giving reason to believe 217 of the USA–PATRIOT Act. This bill puter trespass provision in line with that the person to whom the records pertain is virtually identical to a bill I intro- the purpose of section 217 as expressed is a foreign power or an agent of a foreign in the Department of Justice’s initial power.’’. duced in the 108th Congress, S. 2783. (b) ORDERS.—Subsection (c)(1) of that sec- Section 217 of the PATRIOT Act ad- explanation of the provision. Section tion is amended by striking ‘‘finds’’ and all dresses the interception of computer 217 was intended to target only a nar- that follows and inserting ‘‘finds that— trespass communications. This bill row class of people: Unauthorized

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1134 CONGRESSIONAL RECORD — SENATE February 8, 2005 cyberhackers. It was not intended to S. 318 The PATH program is authorized give the government the opportunity Be it enacted by the Senate and House of Rep- under the Public Health Service Act to engage in widespread surveillance of resentatives of the United States of America in and it funds community-based out- computer users without a warrant. Congress assembled, reach, mental health, substance abuse, I should note that there is no specific SECTION 1. SHORT TITLE. case management and other support This Act may be cited as the ‘‘Computer services, as well as a limited set of evidence that the provision is being Trespass Clarification Act of 2005’’. abused. But, of course, unless criminal housing services for people who are SEC. 2. AMENDMENTS TO TITLE 18. homeless and have serious mental ill- charges are brought against someone (a) DEFINITIONS.—Section 2510(21)(B) of as a result of such surveillance, there title 18, United States Code, is amended by— nesses. Program services are provided would never be any notice at all that (1) inserting ‘‘or other’’ after ‘‘contrac- in a variety of different settings, in- the surveillance has taken place. The tual’’; and cluding clinic sites, shelter-based clin- computer owner authorizes the surveil- (2) striking ‘‘for access’’ and inserting ics, and mobile units. In addition, the lance, and the FBI carries it out. There ‘‘permitting access’’. PATH program takes health care serv- (b) INTERCEPTION AND DISCLOSURE.—Sec- is no warrant, no court proceeding, no ices to locations where homeless indi- tion 2511(2)(i) of title 18, United States Code, viduals are found, such as streets, opportunity even for the subject of the is amended— surveillance to challenge the assertion parks, and soup kitchens. (1) in clause (I), by inserting after ‘‘the PATH services are a key element in of the owner that some unauthorized owner or operator of the protected com- the plan to end chronic homelessness. use of the computer has occurred. puter’’ the following: ‘‘is attempting to re- Every night, an estimated 600,000 peo- My bill would modify the computer spond to communications activity that threatens the integrity or operation of such ple are homeless in America. Of these, trespass provision in the following computer and requests assistance to protect about one-third are single adults with ways to protect against abuse, while rights and property of the owner or operator, serious mental illnesses. I have worked still maintaining its usefulness in cases and’’; and closely with organizations in New Mex- of denial of service attacks and other (2) in clause (IV), by inserting after ‘‘inter- ico such as Albuquerque Health Care forms of hacking. ception’’ the following: ‘‘ceases as soon as for the Homeless and I have seen first First, it would require that the owner the communications sought are obtained or hand the difficulties faced by the more after 96 hours, whichever is earlier, unless an or operator of the protected computer interception order is obtained under this than 15,000 homeless people in New authorizing the interception has been chapter, and’’. Mexico, 35 percent of who are chron- subject to ‘‘an ongoing pattern of com- (c) REPORT.—The Attorney General shall, ically mentally ill or mentally inca- munications activity that threatens within 60 days of enactment and annually pacitated. the integrity or operation of such com- thereafter, report to the Committees on the PATH is a proven program that has puter.’’ In other words, the owner has Judiciary of the Senate and the House of been very successful in moving people to be the target of some kind of hack- Representatives on the use during the pre- out of homelessness. PATH has been ing. vious year of section 2511 of title 18, United reviewed by the Office of Management States Code, relating to computer trespass and Budget and has scored signifi- Second, the bill limits the length of provisions as amended by subsection (b). warrantless surveillance to 96 hours. cantly high marks in meeting program This is twice as long as is allowed for By Mr. DOMENICI (for himself goals and objectives. Unquestionably, an emergency wiretap. With four days and Mr. KENNEDY): homelessness is not just an urban of surveillance, it should not be dif- S. 319. A bill to amend the Public issue. Rural and frontier communities ficult for the government to gather suf- Health Service Act to revise the face unique challenges in serving ficient evidence of wrongdoing to ob- amount of minimum allotments under PATH eligible persons and the PATH tain a warrant if continued surveil- the Projects for Assistance in Transi- program funding mechanisms must ac- lance is necessary. tion from Homelessness program; to count for these differences. the Committee on Health, Education, Thank you and I look forward to Finally, the bill would require the working with my colleague Senator Attorney General to annually report Labor, and Pensions. Mr. DOMENICI. Mr. President, I rise KENNEDY on this important issue. on the use of Section 217 to the Senate I ask unanimous consent that the today with my friend Senator KENNEDY and House Judiciary Committees. Sec- text of the bill be printed in the tion 217 is one of the provisions that is to introduce a bill that will raise the minimum grant amounts given to RECORD. subject to the sunset provision in the There being no objection, the bill was States and territories under the PATH PATRIOT Act and will expire at the ordered to be printed in the RECORD, as program. The PATH program provides end of 2005. We in the Congress need to follows: services through formula grants of at do more oversight of the use of this and S. 319 least $300,000 to each State, the Dis- other provisions of PATRIOT Act in Be it enacted by the Senate and House of Rep- order to evaluate their effectiveness. trict of Columbia and Puerto Rico and resentatives of the United States of America in $50,000 to eligible U.S. territories. Sub- Congress assembled, The computer trespass provision now ject to available appropriations, this in the law as a result of section 217 of SECTION 1. MINIMUM ALLOTMENTS UNDER THE bill will raise the minimum allotments PROJECTS FOR ASSISTANCE IN the PATRIOT Act leaves open the pos- to $600,000 to each State and $100,000 to TRANSITION FROM HOMELESSNESS sibility for significant and unnecessary eligible US territories. PROGRAM. invasions of privacy. The reasonable Section 524 of the Public Health Service When the PATH program was estab- Act (42 U.S.C. 290cc–24) is amended to read as and modest changes to the provision lished in fiscal year 1991 as a formula contained in this bill preserve the use- follows: grant program, Congress appropriated ‘‘SEC. 524. DETERMINATION OF AMOUNT OF AL- fulness of the provision for investiga- $33 million. That amount has steadily LOTMENT. tions of cyberhacking, but reduce the increased over the years with Congress ‘‘(a) DETERMINATION UNDER FORMULA.— possibility of government abuse. We appropriating $55 million this past Subject to subsection (b), the allotment re- must continually seek to balance the year. However, despite these increases, quired in section 521 for a State for a fiscal need for effective tools to fight crime year is the product of— States and territories such as New ‘‘(1) an amount equal to the amount appro- and terrorism against the civil lib- Mexico that have rural and frontier erties of our citizens. The Computer priated under section 535 for the fiscal year; populations, have not received an in- and Trespass Clarification Act strikes the crease in their PATH funds. Under the ‘‘(2) a percentage equal to the quotient of— right balance, and I urge my colleagues formula, as it currently exists, many ‘‘(A) an amount equal to the population to support it. states and territories will never receive living in urbanized areas of the State in- I ask unanimous consent that the an increase to their PATH program, volved, as indicated by the most recent data text of the bill be printed in the even with increasing demand and infla- collected by the Bureau of the Census; and ‘‘(B) an amount equal to the population RECORD. tion. This problem is occurring in my living in urbanized areas of the United There being no objection, the bill was home State of New Mexico as well as States, as indicated by the sum of the re- ordered to be printed in the RECORD, as twenty-five other States and terri- spective amounts determined for the States follows: tories throughout the United States. under subparagraph (A).

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1135 ‘‘(b) MINIMUM ALLOTMENT.— rie dog, the Arkansas River feverfew, Force Base will soon be in a position to ‘‘(1) IN GENERAL.—Subject to paragraph (2), and the Pueblo goldenweed are among benefit from this proactive conserva- the allotment for a State under section 521 the many rare species protected at tion effort. for a fiscal year shall, at a minimum, be the Fort Carson. Mr. President, it is a little known se- greater of— ‘‘(A) the amount the State received under Over the last 3 years Fort Carson has cret that the Department of Defense is section 521 in fiscal year 2005; and partnered with the Nature Conservancy one of the best stewards of our environ- ‘‘(B) $600,000 for each of the several States, on a unique plan to address the rising ment. Almost 350 endangered and the District of Columbia, and the Common- encroachment concerns. This forward- threatened species live on military wealth of Puerto Rico, and $100,000 for each thinking plan calls for the purchase of bases across the country—that is more of Guam, the Virgin Islands, American conservation easements of lands south than are found on land managed by the Samoa, and the Commonwealth of the North- and southeast of the base for a small National Park Service, the Fish and ern Mariana Islands. number of willing sellers. Wildlife Service, and the Bureau of ‘‘(2) CONDITION.—If the funds appropriated If implemented, I believe the plan in any fiscal year under section 535 are insuf- Land Management. In an era of rapid ficient to ensure that States receive a min- will preserve the military utility of growth and urban development, mili- imum allotment in accordance with para- key Fort Carson training areas while tary training areas have become, in graph (1), then— conserving important short grass prai- many respects, the last refuge for ‘‘(A) no State shall receive less than the rie at a landscape scale, along with the many endangered species. amount they received in fiscal year 2005; and ranching community that sustains it. Creating natural buffer zones that ‘‘(B) any funds remaining after amounts As much as 82,000 acres of uninhibited, protect fragile habitat and ensure our are provided under subparagraph (A) shall be precious prairie would be protected, in- military readiness is a win-win pro- used to meet the requirement of paragraph cluding four globally rare plant spe- posal. It is the right thing to do for the (1)(B), to the maximum extent possible.’’. cies. environment. It is the right thing to do By Mr. ALLARD: The Army fully supports this plan for our Nation’s Armed Forces. I urge S. 320. A bill to require the Secretary and has consistently described it as its my colleagues to support the Fort Car- of the Army to carry out a pilot on number one priority under the service’s son Conservation Act. compatible use buffers on real property Compatible Use Buffer program. This Thank you for the opportunity to bordering Fort Carson, Colorado, and plan also enjoys widespread support speak on this important matter. for other purposes; to the Committee from the local community, including Mr. President, I ask unanimous con- on Armed Services. the Colorado Springs Chamber of Com- sent that the text of the bill be printed Mr. ALLARD. Mr. President, I rise merce. The Colorado Department of in the RECORD. today to introduce the Fort Carson Transportation, the Great Outdoors of There being no objection, the bill was Conservation Act of 2005 and take a Colorado, and the Nature Conservancy ordered to be printed in the RECORD, as moment to explain why this legislation all support the plan as well. follows: is critical to our national security. I be1ieve we need to act now to pro- S. 320 Since World War II, hundreds of tect unique training facilities like Be it enacted by the Senate and House of Rep- thousands of soldiers at Fort Carson those at Fort Carson before it is too resentatives of the United States of America in have trained in relative isolation. With late. This program makes sense for the Congress assembled, few current residents nearby, the Army soldiers training at Fort Carson who SECTION 1. SHORT TITLE. has been using Fort Carson’s ranges for require an isolated environment to This Act may be cited as the ‘‘Fort Carson large-scale training exercises, weapons conduct their maneuvers. This program Conservation Act of 2005’’. testing and live fire. This training makes sense for the environment. SEC. 2. PILOT PROJECT ON COMPATIBLE USE BUFFERS ON REAL PROPERTY BOR- often occurs at night, a vital capability This plan makes too much sense for DERING FORT CARSON, COLORADO. given the Army’s preference to conduct Congress to pass up. That is why I am (a) IN GENERAL.—The Secretary of the military operations in darkness. introducing the Fort Carson Conserva- Army shall carry out a pilot project at Fort The 140,000 acre Army installation tion Act. I am pleased that Congress- Carson, Colorado, for purposes of evaluating and training facility was once miles man JOEL HEFLEY is introducing this the feasibility and effectiveness of utilizing from Colorado Springs and Pueblo. As landmark legislation in the House of conservation easements and leases granted both cities grow closer to the base’s Representatives today as well. by one or more willing sources to limit de- fence line, Fort Carson is facing con- The Fort Carson Conservation Act of velopment and preserve habitat on real property in the vicinity of or ecologically related straints on its training flexibility, im- 2005 would require the Secretary of the to military installations in the United pacting military readiness. The issue of Army to carry out a pilot project that States. training at the post is particularly rel- creates a buffer zone out of the prop- (b) PROCEDURES.— evant considering nearly 15,000 soldiers erty bordering Fort Carson. The objec- (1) PHASES.—The Secretary shall carry out based at Fort Carson have been de- tive of this pilot would be to dem- the pilot project in four phases, as specified ployed or are currently employed to onstrate the feasibility and effective- in the Fort Carson Army Compatible Use Iraq. ness of utilizing conservation ease- Buffer Project. The situation is not getting better. ments and leases to limit enroachment (2) LEASE AND EASEMENT AGREEMENTS.— Under the pilot project, the Secretary shall Over the last two decades, real estate and preserve the environment. enter into agreements with one or more eli- and industrial development along Colo- Under the pilot project, the Sec- gible entities who are willing to do so to pur- rado’s front range has exploded. Hun- retary of the Army would enter into chase from the entity or entities one or more dreds of thousands of people have agreements with one or more willing conservation easements, or to lease from the moved to the Centennial State and set- sellers to purchase conservation ease- entity or entities one or more conservation tled along the 1–25 corridor. I remem- ments. These agreements would be leases, on real property in the vicinity of or ber the days when it was possible to founded on the authority already pro- ecologically related to Fort Carson for the drive for miles along the eastern foot- vided in section 2684a of title 10 of the purposes of— (A) limiting any development or use of the hills of the Rocky Mountains and en- United States Code. The pilot project property that would be incompatible with counter few if any residential areas. would expire when either the project is the current and anticipated future missions Today, there seems to be development completed or within 5 years. of Fort Carson; or all along Colorado’s front range. From my perspective, this pilot (B) preserving habitat on the property in a Yet, military readiness at the post is project is only the beginning. By work- manner that— not the only thing at risk. The post’s ing closely with the Army and the (i) is compatible with environmental re- fragile prairie habitat is also in danger. other military services, the Nature quirements; and Fort Carson has always prided itself on Conservancy has planted the seed for (ii) may eliminate or reduce current or an- its conservation of the public trust. the expansion of this project. I strong- ticipated environmental restrictions that would or might otherwise restrict, impede, Mountain Post has a special office just ly support the Conservancy’s effort and or otherwise interfere, whether directly or to ensure environmental compliance believe that key military installations indirectly, with current or anticipated mili- and protect the post’s biodiversity. The like Fort Bragg, Camp Lejeune, Fort tary training, testing, or operations on Fort mountain plover, the black-tailed prai- Huachuca, Fort Stewart, and Eglin Air Carson.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1136 CONGRESSIONAL RECORD — SENATE February 8, 2005 (3) ENCROACHMENTS AND OTHER CONSTRAINTS tisan vote of 405 to 18. In the 108th Con- less apt to depend on public help to ON USE.—In entering into agreements under gress, our legislation was included in meet other needs such as food, trans- the pilot project, the Secretary may, subject the TANF Reauthorization bill that portation or child care. to the provisions of this section, utilize the passed out of the Senate Finance Com- authority for agreements under this sub- We now have a key opportunity to section to limit encroachments and other mittee with bipartisan support. This encourage all States to follow Wiscon- constraints on military training, testing, year, S. 6, which was introduced by sin’s example. This legislation gives and operations under section 2684a of title 10, Senator SANTORUM, and is supported by States options and strong incentives to United States Code. Majority Leader FRIST and Senators send more child support directly to (4) RELATIONSHIP TO CURRENT USE PLAN.— MCCONNELL and HUTCHISON, contains families who are working their way Any agreement entered into under the pilot child support provisions that are al- off—or are already off—public assist- project shall be compatible with the Fort most based entirely on the legislation ance. Not only will this create the Carson Army Compatible Use Buffer Project. we’re discussing today. (c) EXPIRATION.—The authority of the Sec- right incentives for non-custodial par- retary to enter into agreements under the This legislation consistently receives ents to pay, but it will also simplify pilot project shall expire on the earlier of— bipartisan support because it takes a the job for States, who currently face (1) the date of the completion of phase IV common sense approach to child sup- an administrative nightmare in fol- of the Fort Carson Army Compatible Use port. By passing through more child lowing the complicated rules of the Buffer Project; or support funds directly to low-income current system. (2) the date that is five years after the date families, rather than sending it to the This legislation finally brings the of the enactment of this Act. federal government, non-custodial par- Child Support Enforcement program (d) DEFINITIONS.—In this section: ents are more likely pay, and families (1) The term ‘‘Fort Carson Army Compat- into the post-welfare reform era, shift- ible Use Buffer Project’’ means the Fort Car- see a huge benefit from the additional ing its focus from recovering welfare son Army Compatible Use Buffer Project, a income. costs to increasing child support to plan to use conservation easements and Currently, approximately 60 percent families so they can sustain work and leases on property in the vicinity of or eco- of poor children who live with their maintain self-sufficiency. After all, it’s logically related to Fort Carson to create a mothers and whose fathers live outside only fair that if we are asking parents land buffer to accommodate current and fu- the home do not receive child support. ture missions at Fort Carson while con- to move off welfare, stay off welfare, Though there are a variety of reasons and take financial responsibility for serving sensitive natural resources. why non-custodial parents may not be (2) The term ‘‘eligible entity’’ means any their families, then we in Congress of the following: paying support for then children, many must make sure that child support (A) A State or political subdivision of a don’t pay because the system actually payments actually go to the families to State. discourages them from doing so. whom they are owed and who are work- Under current law, $2.1 billion in (B) A private entity that has as its stated ing so hard to succeed. principal organizational purpose or goal the child support is retained every year by It is time for Congress to make this conservation, restoration, or preservation of the State and Federal Governments as change. It’s time that we finally make land and natural resources, or a similar pur- repayment for welfare benefits—rather child support meaningful for families, pose or goal, as determined by the Secretary. than delivered to the children to whom (e) FUNDING.— and make sure that children get the it is owed. Fifty-six percent of that (1) AUTHORIZATION OF APPROPRIATIONS.— support they need and deserve. Funds are hereby authorized to be appro- amount is for families who have left welfare. Since the money doesn’t ben- priated to the Department of Defense for fis- Mr. JEFFORDS (for himself, Mr. cal year 2006 for the Department of Defense, efit their kids, fathers are discouraged LEAHY, Mrs. CLINTON, and Mr. for expenses not otherwise provided for, for from paying support. And mothers SCHUMER): operation and maintenance for Defense-wide have no incentive to push for payment activities in the amount of $30,000,000, to be since the support doesn’t go to them. S. 322. A bill to establish the Cham- available for the pilot project. The current rules withhold a key plain Valley National Heritage Part- (2) AVAILABILITY WITHOUT FISCAL YEAR LIMI- source of income for low-income fami- nership in the States of Vermont and TATION.—Funds authorized to be appro- lies that could help them maintain New York, and for other purposes; to priated by paragraph (1) shall be available the Committee on Energy and Natural without fiscal year limitation. self-sufficiency. According to the Cen- ter for Law and Social Policy, child Resources. By Ms. SNOWE (for herself, Mr. support constitutes 16 percent of fam- Mr. JEFFORDS. Mr. President, I am KOHL, Mr. ROCKEFELLER, and ily income for low-income households very pleased to introduce the Cham- Ms. LANDRIEU): that receive it. For families who leave plain Valley National Heritage Act of S. 321. A bill to provide more child welfare, this number almost doubles. A 2005. I am joined by Senator LEAHY and support money to families leaving wel- Washington State study of families Senators SCHUMER and CLINTON of New fare, to simplify the rules governing leaving welfare with regular child sup- York. This bill will establish a Na- the assignment and distribution of port payments found that these fami- tional Heritage Partnership within the child support collected by States on be- lies found work faster and kept jobs Champlain Valley. Passage of this bill half of children, to improve the collec- longer, compared to families without will culminate a process to enhance the tion of child support, and for other pur- steady child support income. incredible cultural resources of the poses; to the Committee on Finance. It’s time for Congress to change this Champlain Valley. Mr. KOHL. Mr. President, I rise system and encourage States to dis- The Champlain Valley of Vermont today in strong support of the Child tribute more child support to families. and New York has one of the richest Support Distribution Act 2005, which My home State of Wisconsin has been a and most intact collections of historic Senator SNOWE and I introduced today. leader in this practice, which has bene- resources in the United States. Fort I want to thank Senator SNOWE for her fited thousands of working families. In Ticonderoga still stands where it has hard work and dedication to this im- 1997, I worked with my State to insti- for centuries, at the scene of numerous portant issue and am proud to have tute an innovative program of passing battles critical to the birth of our na- worked with her for many years on this through child support payments dition. Revolutionary gunboats have re- legislation. And I’d like to thank Sen- rectly to families. An evaluation of the cently been found fully intact on the ators ROCKEFELLER and LANDRIEU for Wisconsin program clearly shows that bottom of Lake Champlain. Our ceme- their cosponsorship and support. when child support payments are deliv- teries are the permanent resting place Senator SNOWE and I have worked, ered to families, non-custodial parents for great explorers, soldiers and sailors. both separately and in tandem, on are more apt to pay, and to pay more. The United States and Canada would issues related to child support for more In addition, Wisconsin has found that, not exist today but for events that oc- than ten years. On many occasions, overall, this policy does not increase curred in this region. we’ve come close to seeing the positive government costs. That makes sense We in Vermont and New York take changes contained in this legislation because ‘‘passing through’’ support great pride in our history. We preserve enacted. In 2000, a House version of this payments to families means they have it, honor it and show it off to visitors bill passed by an overwhelming bipar- more of their own resources, and are from around the world. These visitors

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1137 are also very important to our econ- (8) there are benefits in celebrating and Bennington Counties in the State of omy. Tourism is among the most im- promoting this mutual heritage; Vermont; and portant industries in this region and (9) tourism is among the most important (iii) portions of Clinton, Essex, Warren, has much potential for growth. industries in the Champlain Valley, and her- Saratoga and Washington Counties in the The Champlain Valley Heritage Part- itage tourism in particular plays a signifi- State of New York. cant role in the economy of the Champlain (5) SECRETARY.—The term ‘‘Secretary’’ nership will bring together more than Valley; means the Secretary of the Interior. one hundred local groups working to (10) it is important to enhance heritage (6) STATE.—the term ‘‘State’’ means— preserve and promote our heritage. tourism in the Champlain Valley while en- (A) the State of Vermont; and This project has taken many years suring that increased visitation will not im- (B) the State of New York. for me to bring to the point of intro- pair the historical and cultural resources of (7) THEME.—The term ‘‘theme’’ means the ducing legislation. This has been time the region; theme ‘‘The Making of Nations and Corridors well spent working at the grass-roots (11) according to the 1999 report of the Na- of Commerce’’, as the term is used in the 1999 level to develop a framework to direct tional Park Service entitled ‘‘Champlain report of the National Park Service entitled federal resources to where it will do Valley Heritage Corridor Project’’, ‘‘the ‘‘Champlain Valley Heritage Corridor the most good. I am confident that we Champlain Valley contains resources and Project’’, that describes the periods of inter- have found the best model. This will be represents a theme ‘The Making of Nations national conflict and maritime commerce and Corridors of Commerce’, that is of out- during which the region played a unique and a true partnership that supports each standing importance in U.S. history’’; and significant role in the development of the member but does not impose any new (12) it is in the interest of the United United States and Canada. federal requirements. States to preserve and interpret the histor- SEC. 4. HERITAGE PARTNERSHIP. The Champlain Valley National Her- ical and cultural resources of the Champlain (a) ESTABLISHMENT.—There is established itage Partnership will preserve our his- Valley for the education and benefit of in the regional the Champlain Valley Na- toric resources, interpret and teach present and future generations. tional Heritage Partnership. about the events that shaped our na- (b) PURPOSES.—The purposes of this Act (b) MANAGEMENT ENTITY.— tion and will be an engine for economic are— (1) DUTIES.— growth. I am hopeful that this bill, (1) to establish the Champlain Valley Na- (A) IN GENERAL.—The management entity which was passed unanimously by the tional Heritage Partnership in the States of shall implement the Act. Senate last year, will become law dur- Vermont and New York to recognize the im- (B) MANAGEMENT PLAN.— portance of the historical, cultural, and rec- ing this Congress. (i) IN GENERAL.—Not later than 3 years reational resources of the Champlain Valley after the date of enactment of this Act, the I ask unanimous consent that the region to the United States; text of the bill be printed in the management entity shall develop a manage- (2) to assist the State of Vermont and New ment plan for the Heritage Partnership. RECORD. York, including units of local government (ii) EXISTING PLAN.—Pending the comple- There being no objection, the bill was and nongovernmental organizations in the tion and approval of the management plan, ordered to be printed in the RECORD, as States, in preserving, protecting, and inter- the management entity may implement the follows: preting those resources for the benefit of the provisions of this Act based on its federally S. 322 people of the United States; authorized plan ‘‘Opportunities for Action, Be it enacted by the Senate and House of Rep- (3) to use those resources and the theme an Evolving Plan For Lake Champlain’’. resentatives of the United States of America in ‘‘The Making of Nations and Corridors of (iii) CONTENTS.—The management plan Congress assembled, Commerce’’ to— shall include— SECTION 1. SHORT TITLE. (A) revitalize the economy of communities (I) recommendations for funding, man- This Act may be cited as the ‘‘Champlain in the Champlain Valley; and aging, and developing the Heritage Partner- Valley National Heritage Partnership Act of (B) generate and sustain increased levels of ship; 2005’’. tourism in the Champlain Valley; (II) a description of activities to be carried SEC. 2. FINDINGS AND PURPOSES. (4) to encourage— out by public and private organizations to (a) FINDINGS.—Congress finds that— (A) partnerships among State and local protect the resources of the Heritage Part- (1) the Champlain Valley and its extensive governments and nongovernmental organiza- nership; cultural and natural resources have played a tions in the United States; and (III) a list of specific, potential sources of significant role in the history of the United (B) collaboration with Canada and the funding for the protection, management, and States and the individual States of Vermont Province of Quebec to— development of the Heritage Partnership; and New York; (i) interpret and promote the history of the (IV) an assessment of the organizational (2) archaeological evidence indicates that waterways of the Champlain Valley region; capacity of the management entity to the Champlain Valley has been inhabited by (ii) form stronger bonds between the achieve the goals for implementation; and humans since the last retreat of the glaciers, United States and Canada; and (V) recommendations of ways in which to with the Native Americans living in the area (iii) promote the international aspects of encourage collaboration with Canada and the at the time of European discovery being pri- the Champlain Valley region; and Province of Quebec in implementing this marily of Iroquois and Algonquin descent; (5) to provide financial and technical as- Act. (3) the linked waterways of the Champlain sistance for the purposes described in para- (iv) CONSIDERATIONS.—In developing the Valley, including the Richelieu River in Can- graphs (1) through (4). management plan under clause (i), the man- ada, played a unique and significant role in SEC. 3. DEFINITIONS. agement entity shall take into consideration the establishment and development of the In this Act: existing Federal, State, and local plans re- United States and Canada through several (1) HERITAGE PARTNERSHIP.—The term lating to the region. distinct eras, including— ‘‘Heritage Partnership’’ means the Cham- (v) SUBMISSION TO SECRETARY FOR AP- (A) the era of European exploration, during plain Valley National Heritage Partnership PROVAL.— which Samuel de Champlain and other ex- established by section 4(a). (I) IN GENERAL.—Not later than 3 years plorers used the waterways as a means of ac- (2) MANAGEMENT ENTITY.—The term ‘‘man- after the date of enactment of this Act, the cess through the wilderness; agement entity’’ means the Lake Champlain management entity shall submit the man- (B) the era of military campaigns, includ- Basin Program. agement plan to the Secretary for approval. ing highly significant military campaigns of (3) MANAGEMENT PLAN.—The term ‘‘man- (II) EFFECT OF FAILURE TO SUBMIT.—If a the French and Indian War, the American agement plan’’ means the management plan management plan is not submitted to the Revolution, and the War of 1812; and developed under section 4(b)(B)(i). Secretary by the date specified in paragraph (C) the era of maritime commerce, during (4) REGION.— (I), the Secretary shall not provide any addi- which canals boats, schooners, and steam- (A) IN GENERAL.—The term ‘‘region’’ means tional funding under this Act until a man- ships formed the backbone of commercial any area or community in 1 of the States in agement plan for the Heritage Partnership is transportation for the region; which a physical, cultural, or historical re- submitted to the Secretary. (4) those unique and significant eras are source that represents the theme is located. (vi) APPROVAL.—Not later than 90 days best described by the theme ‘‘The Making of (B) INCLUSIONS.—The term ‘‘region’’ in- after receiving the management plan sub- Nations and Corridors of Commerce’’; cludes mitted under subparagraph (V)(I), the Sec- (5) the artifacts and structures associated (i) the linked navigable waterways of— retary, in consultation with the States, shall with those eras are unusually well-preserved; (I) Lake Champlain; approve or disapprove the management plan. (6) the Champlain Valley is recognized as (II) Lake George; (vii) ACTION FOLLOWING DISAPPROVAL.— having one of the richest collections of his- (III) the Champlain Canal; and (I) GENERAL.—If the Secretary disapproves torical resources in North America; (IV) the portion of the Upper Hudson River a management plan under subparagraph (vi), (7) the history and cultural heritage of the extending south to Saratoga; the Secretary shall— Champlain Valley are shared with Canada (ii) portions of Grand Isle, Franklin, (aa) advise the management entity in writ- and the Province of Quebec; Chittenden, Addison, Rutland, and ing of the reasons for the disapproval;

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1138 CONGRESSIONAL RECORD — SENATE February 8, 2005 (bb) make recommendations for revisions SUBMITTED RESOLUTIONS Senate did not have a chance to act on to the management plan; and it. I submit it again today because (cc) allow the management entity to sub- strengthening public awareness about mit to the Secretary revisions to the man- SENATE RESOLUTION 43—DESIG- the danger of asbestos exposure could agement plan. NATING THE FIRST DAY OF save thousands of lives. (II) DEADLINE FOR APPROVAL OF REVISION.— APRIL 2005 AS ‘‘NATIONAL AS- Scientists have shown that inhala- Not later than 90 days after the date on BESTOS AWARENESS DAY’’ tion of asbestos fibers can cause sev- which a revision is submitted under subpara- Mr. REID submitted the following eral serious diseases that might not graph (vii)(I)(cc), the Secretary shall approve resolution; which was referred to the show up for years after exposure. These or disapprove the revision. Committee on the Judiciary: diseases include lung cancer and asbes- (viii) AMENDMENT.— (I) IN GENERAL.—After approval by the Sec- S. RES. 43 tosis, the progressive scarring of the retary of the management plan, the manage- Whereas deadly asbestos fibers are invis- lungs by asbestos fibers causing res- ment entity shall periodically— ible and cannot be smelled or tasted; piratory distress, as well as malignant (aa) review the management plan; and Whereas when airborne fibers are inhaled mesothelioma, a form of cancer for (bb) submit to the Secretary, for review or swallowed, the damage is permanent and which asbestos exposure is the only and approval by the Secretary, the rec- irreversible; known cause. Whereas these fibers can cause mesothe- ommendations of the management entity for Over the next decade, more than lioma, asbestosis, lung cancer, and pleural any amendments to the management plan 100,000 U.S. citizens will die of asbes- diseases; that the management entity considers to be Whereas asbestos-related diseases can take tos-related diseases. That is approxi- appropriate. 10 to 50 years to present themselves; mately 30 people per day—and it means (II) EXPENDITURE OF FUNDS.—No funds Whereas the expected survival rate of one person will die in the time it takes made available under this Act shall be used those diagnosed with mesothelioma is be- us to act on this resolution. to implement any amendment proposed by tween 6 and 24 months; Asbestos not only kills thousands of the management entity under subparagraph Whereas little is known about late stage Americans every year. It also causes (viii)(1) until the Secretary approves the treatment and there is no cure for asbestos- pain and suffering, tears families apart, amendments. related diseases; and adds to the costs of our health care (2) PARTNERSHIPS.— Whereas early detection of asbestos-re- system. (A) IN GENERAL.—In carrying out this Act, lated diseases would give patients increased treatment options and often improve their I have been touched by the stories of the management entity may enter into part- Americans affected by asbestos-related nerships with— prognosis; Whereas asbestos is a toxic and dangerous diseases. (i) the States, including units of local gov- Last fall, I received a phone call from ernments in the States; substance and must be disposed of properly; Whereas nearly half of the more than 1,000 my brother, Don, who told me that a (ii) nongovernmental organizations; screened firefighters, police officers, rescue (iii) Indian Tribes; and long-time family friend, Harold Han- workers, and volunteers who responded to sen, had died from mesothelioma. Har- (iv) other persons in the Heritage Partner- the World Trade Center attacks on Sep- ship. old was a wonderful friend and family tember 11, 2001, have new and persistent res- man. He hadn’t worked directly with (B) GRANTS.—Subject to the availability of piratory problems; funds, the management entity may provide Whereas the industry groups with the high- asbestos in his lifetime, but he had grants to partners under subparagraph (A) to est incidence rates of asbestos-related dis- been unwittingly exposed—and that ex- assist in implementing this Act. eases, based on 2000 to 2002 figures, were ship- posure took his life. (3) PROHIBITION ON THE ACQUISITION OF REAL yard workers, vehicle body builders (includ- Alan Reinstein was diagnosed with PROPERTY.—The management entity shall ing rail vehicles), pipefitters, carpenters and mesothelioma on June 16, 2003, and not use Federal funds made available under electricians, construction (including insula- soon after underwent radical surgery this Act to acquire real property or any in- tion work and stripping), extraction, energy to remove his entire lung, pericardium, terest in real property. and water supply, and manufacturing; diaphragm, and other affected parts of Whereas the United States imports more (c) ASSISTANCE FROM SECRETARY.—To than 30,000,000 pounds of asbestos used in his body. He continues to courageously carry out the purposes of this Act, the Sec- products throughout the Nation; fight this deadly illness, and each day retary may provide technical and financial Whereas asbestos-related diseases kill he must face the fear that the cancer assistance to the management entity. 10,000 people in the United States each year, might return. and the numbers are increasing; Despite his illness, Alan is a lucky SEC. 5. EFFECT. Whereas asbestos exposure is responsible man because he has a loving wife, Nothing in this Act— for 1 in every 125 deaths of men over the age Linda, and family that give him (1) grants powers of zoning or land use to of 50; strength. Linda Reinstein couldn’t sit the management entity; Whereas safety and prevention will reduce by and watch her husband suffer, know- (2) modifies, enlarges, or diminishes the asbestos exposure and asbestos-related diseases; ing that thousands of others had also authority of the Federal Government or a been afflicted. So she founded the As- State or local government to manage or reg- Whereas asbestos has been the largest single cause of occupational cancer; bestos Disease Awareness Organization ulate any use of land under any law (includ- Whereas asbestos is still a hazard for to educate the public and the medical ing regulations); or 1,300,000 workers in the United States; community about diseases caused by (3) obstructs or limits private business de- Whereas asbestos-related deaths have asbestos exposure. velopment activities or resource develop- greatly increased in the last 20 years and are ment activities. I have received many letters from expected to continue to increase; Nevadans who have family members SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Whereas 30 percent of all asbestos-related disease victims were exposed to asbestos on with asbestos-related diseases. Eleanor (a) IN GENERAL.—There is authorized to be naval ships and in shipyards; Shook, from my home town of Search- appropriated to carry out this Act not more Whereas asbestos was used in the construc- light, NV, lost her husband Chuck to than a total of $10,000,000, of which not more tion of virtually all office buildings, public mesothelioma. He had been repeatedly than $1,000,000 may be made available for any schools, and homes built before 1975; and exposed to asbestos while at work. Two fiscal year. Whereas the establishment of a ‘‘National months after his diagnosis, he passed Asbestos Awareness Day’’ would raise public (b) NON-FEDERAL SHARE.—The non-Federal away—no cure, no treatment, no re- awareness about the prevalence of asbestos- prieve. There is a hole in that family share of the cost of any activities carried out related diseases and the dangers of asbestos using Federal funds made available under exposure: Now, therefore, be it where Chuck once stood. subsection (a) not be less than 50 percent. Resolved, That the Senate designates the I also received a letter from Jack first day of April 2005 as ‘‘National Asbestos Holmes a former school teacher from SEC. 7. TERMINATION OF AUTHORITY. Awareness Day’’. Las Vegas, who wrote: ‘‘I am dying. I The authority of the Secretary to provide Mr. REID. Mr. President, I am sub- have malignant mesothelioma . . . I assistance under this Act terminates on the mitting a resolution today to designate can expect extreme pain and suffering date that is 15 years after the date of enact- April 1 of this year as ‘‘National Asbes- before I die.’’ ment of this Act. tos Awareness Day.’’ I also heard from Robert Wright of I submitted this resolution toward Henderson, NV, who was exposed to as- the end of the last Congress and the bestos while serving in the United

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1139 States Navy. He now suffers from as- Whereas in spite of these injustices, Afri- reach the high ideal of equal opportunity for bestosis. can Americans have made significant con- all Americans: Now, therefore, be it These are just a few of the hundreds tributions to the economic, educational, po- Resolved, That the Senate— of citizens of Nevada that are suffering litical, artistic, literary, scientific, and tech- (1) acknowledges the tragedies of slavery, nological advancement of the United States; lynching, segregation, and condemns them with asbestos-related diseases. Every Whereas in the face of these injustices as an infringement on human liberty and one of their stories is a tragedy and Americans of all races distinguished them- equal opportunity so that they will stand every one of them could have been pre- selves in their commitment to the ideals on forever as a reminder of what can happen vented with greater awareness and edu- which the United States was founded, and when Americans fail to live up to their noble cation. fought for the rights of African Americans; goals; Most Americans think asbestos was Whereas the greatness of America is re- (2) honors those Americans who during the banned a long time ago. Nothing could flected in the contributions of African Amer- time of slavery, lynching, and segregation be further from the truth. New asbestos icans in all walks of life throughout the his- risked their lives in the underground railway and in other efforts to assist fugitive slaves is used every day to insulate water tory of the United States: in the writings of W.E.B. DuBois, James Baldwin, Ralph Elli- and other African Americans who might pipes, as insulation, in making ceiling son, and Alex Haley; in the music of Mahalia have been targets and victims of lynch mobs tiles and in many other building mate- Jackson, Billie Holiday, and Duke Ellington; and those who have stood beside African rials. When the tiny particles are rein the resolve of athletes such as Jackie Rob- Americans in the fight for equal opportunity leased, they are invisible, and can’t be inson and Muhammed Ali; in the vision of that continues to this day; smelled or tasted. Once inhaled, the leaders such as Frederick Douglass, (3) reaffirms its commitment to the found- particles lodge themselves in the lining Thurgood Marshall, and Martin Luther King, ing principles of the United States of Amer- of the lungs and remain there, causing Jr.; and in the bravery of those who stood on ica that ‘‘all Men are created equal, that the front lines in the battle against oppres- they are endowed by their Creator with cer- irreversible damage for up to 50 years tain inalienable Rights, that among these before disease sets in. sion such as Harriet Tubman and Rosa Parks; are Life, Liberty, and the Pursuit of Happi- A single large dose of asbestos can Whereas the United States of America was ness’’; and fill your lungs with enough particles to conceived, as stated in the Declaration of (4) commits itself to addressing those situ- cause disease. Simply walking by a Independence, as a new nation dedicated to ations in which the African American com- construction site where asbestos par- the proposition that ‘‘all Men are created munity struggles with disparities in edu- ticles are at a heavy concentration equal, that they are endowed by their Cre- cation, health care, and other areas where could be enough to give you a lethal ator with certain inalienable Rights, that the Federal Government can play a role in improving conditions for all Americans. dose. among these are Life, Liberty and the Pur- Perhaps the most frightening thing suit of Happiness’’; Mr. ALEXANDER. Mr. President, Whereas the actions of Americans of all this is Black History Month. about asbestos is that a person can be races demonstrate their commitment to that exposed without knowing it. A New I look forward to Black History proposition: actions such as those of Allan Month each year because it reminds me York City police officer told me he Pinkerton, Thomas Garrett, and the Rev. worked in an undercover sting as a John Rankin who served as conductors on of my late friend, Alex Haley. Alex construction worker. The goal of the the Underground Railroad; actions such as Haley died 13 years ago this month. I sting was to catch individuals who those of Harriet Beecher Stowe, who shined can still remember his funeral in Mem- would improperly dispose of asbestos a light on the injustices of slavery; actions phis and the big crowd there—people that had been removed from buildings. such as those of President Abraham Lincoln, from all over America, leaders like who issued the Emancipation Proclamation, Jesse Jackson. I spoke too; lots of us He told of catching men who tried to il- and Senator Lyman Trumbull, who intro- legally dump asbestos in a school yard, did. duced the 13th Amendment to the Constitu- There must have been 300 people in where children would have been ex- tion of the United States; actions such as posed to its dangers for years to come. those of President Lyndon B. Johnson, Chief the room who thought they were his This story underscores the impor- Justice Earl Warren, Senator Mike Mans- best friend. There were thousands of tance of raising public awareness about field, and Senator Hubert Humphrey, who people around America and around the the dangers of asbestos exposure. fought to end segregation and the denial of world who thought they were Alex Better awareness and education can civil rights to African Americans; and the Haley’s best friend. He was a remark- thousands of Americans of all races who able individual. reduce exposure. For those who have marched side-by-side with African Ameri- been exposed, early detection and I remember saying that Alex Haley cans during the civil rights movement; was God’s storyteller, because he could screening can increase treatment op- Whereas since its founding the United tions and improve prognosis. States has been an imperfect work in tell a story. I remember saying, too, Asbestos kills—but asbestos edu- progress towards these noble goals; that I think we just used him up be- cation can save lives. Whereas American History is the story of a cause he was such a generous man with Just as victims and their families people regularly affirming high ideals, striv- his time. joined together to raise awareness of ing to reach them but often failing, and then After the funeral in Memphis, a pro- struggling to come to terms with the dis- cession drove to Henning, TN—not so asbestos-related disease by forming the appointment of that failure before recom- Asbestos Disease Awareness Organiza- far from Memphis—50 or 60 miles. We mitting themselves to trying again; were there at the home where Alex tion, the Senate can increase aware- Whereas from the beginning of our Nation Haley stayed in the summers with his ness of this silent killer by declaring the most conspicuous and persistent failure April 1, 2005 as Asbestos Awareness of Americans to reach our noble goals has grandparents. Day. I hope all senators will join me in been the enslavement of African Americans This was a Friday. The African flute this effort. and the resulting racism; played a beautiful melody. It was cold. Whereas the crime of lynching succeeded It was cold in February. f slavery as the ultimate expression of racism After the casket was laid in the SENATE RESOLUTION 44—CELE- in the United States following Reconstruc- grave, the stone was put there. On that BRATING BLACK HISTORY tion; stone were the words that Alex Haley Whereas the Federal Government failed to lived his life by: ‘‘Find the good and MONTH put an end to slavery until the ratification Mr. ALEXANDER (for himself and of the 13th Amendment in 1865, repeatedly praise it.’’ I remember that afternoon as if it Mr. COLEMAN) submitted the following failed to enact a federal anti-lynching law, resolution; which was referred to the and still struggles to deal with the evils of were yesterday, even though it was 13 Committee on the Judiciary: racism; and years ago. I remember Alex Haley as if Whereas the fact that 61 percent of African he were perched here in this room look- S. RES. 44 American 4th graders read at a below basic ing us over. Whereas the first African Americans were level and only 16 percent of native born Afri- I remember Alex Haley not just be- brought forcibly to these shores as early as can Americans have earned a Bachelor’s de- cause of his death during Black History the 17th century; gree; 50 percent of all new HIV cases are re- Whereas African Americans were enslaved ported in African Americans; and the leading Month 13 years ago, but because of how in the United States and subsequently faced cause of death for African American males he lived his life during Black History the injustices of lynch mobs, segregation, ages 15 to 34 is homicide demonstrates that Month in the Februaries before 1992. and denial of basic, fundamental rights; the United States continues to struggle to Almost every February would find Alex

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1140 CONGRESSIONAL RECORD — SENATE February 8, 2005 Haley on an all-night red-eye flight to cles and continue to do so, to take a There is no resolution we can pass Tennessee from a speaking engagement prominent place among the many peo- today that will teach one more child to in some distant place so he could drive ple of diverse backgrounds who have read, prevent one more case of AIDS, to some small Tennessee town and ful- come together here to form a single na- or stop one more violent crime. How- fill a commitment he made months tion. African Americans have made and ever, I hope by joining me and sup- earlier to a 4th grade teacher to help continue to make significant contribu- porting this resolution, the Members of her students celebrate Black History tions to the economic, educational, po- this Senate will also join me in finding Month. litical, artistic, literary, scientific, and ways to look to the future and con- Teachers loved Alex Haley’s visits be- technical advancement of the United tinue to contribute to this work in cause he had wonderful stories to tell, States of America. progress that is the United States of stories of Frederick Douglass, of I have repeatedly emphasized the im- America. Thurgood Marshall, of Martin Luther portance of the study of American his- I don’t know what my friend Alex King. Of the heroes and heroines, both tory. One of our national tragedies and Haley would say about this Senate res- black and white of the underground embarrassments is that our twelfth olution, the one I am about to intro- railroad, of Jackie Robinson, Muham- graders score lower on the national as- duce, or that Senate resolution. But I mad Ali, W.E.B. Dubois, James Bald- sessment of educational progress on do know how he lived his life. I do win, and Ralph Ellison. U.S. history than on any other subject. know how he celebrated Black History But the most riveting of all the sto- We should be ashamed of that. Senator Month. He told wonderful stories about ries that Alex Haley told those chil- REID, the Democratic leader, Senator African Americans and other Ameri- dren were the ones Alex learned sitting KENNEDY, other Senators on this side, cans who believed in the struggle for on the porch steps in Henning, TN, in and I have worked together to try to freedom and the struggle for equality. the summertime, listening to his great- change that. He minced no words in describing the aunts and his grandmother tell stories This is our opportunity—in a month terrible injustices they overcame. He of his ancestor Kunta Kinte. He used to devoted to black history—to especially said to those children he had flown all say his Great-Aunt Plus, rocking on recognize the history of African Ameri- night to see that they were living in a the porch, telling those stories, could cans in this country and to recognize wonderful country of great goals, and knock a firefly out of the air at 15 feet that it is one of the greatest examples while many in the past had often failed with an accurate stream of tobacco of our national quest to reach the high to reach those goals, that we Ameri- juice. ideals set for us by our Founding Fa- cans always recommit ourselves to Once Alex Haley rode across the At- thers. The Declaration of Independence keep trying. lantic Ocean for 3 weeks in the belly of dedicated us to the proposition that So, Mr. President, today I introduce a freighter to try to imagine what it ‘‘all Men are created equal, that they a Senate resolution celebrating Black must have been like for Kunta Kinte to are endowed by their Creator with cer- History Month, and it is in the spirit of be captured in the Gambia, Africa, and tain inalienable rights, that among Alex Haley that I offer it. brought to Annapolis and sold as a these are Life, Liberty, and the Pursuit f slave. Alex spent 13 years tracing what of Happiness.’’ had happened between the arrival of Our history is one of striving to SENATE RESOLUTION 45—COM- Kunta Kinte, his seventh generation reach this lofty ideal. The treatment of MENDING THE JAMES MADISON grandfather, and Alex’s own birth. African Americans is our most egre- UNIVERSITY DUKES FOOTBALL Alex Haley discovered one important gious failure. Slavery, lynching, and TEAM FOR WINNING THE 2004 piece of that puzzle when speaking in segregation are all examples of times NCAA DIVISION 1–AA NATIONAL Simpson College in Iowa in the early when this Nation failed African Ameri- FOOTBALL CHAMPIONSHIP 1970s. He told students and faculty cans. We failed to live up to our own Mr. ALLEN (for himself, Mr. WAR- there that he had found the name of promise of that fundamental truth that NER, and Mr. SCHUMER) submitted the the man who had bought Kunta Kinte all men are created equal. following resolution; which was consid- on the Annapolis dock, but Alex could However, for every time we have ered and agreed to: not trace what had happened after failed, we have struggled to come to S. RES. 45 that. terms with that disappointment and we A faculty member arose and said, Mr. have recommitted ourselves to try Whereas the students, alumni, faculty, and supporters of James Madison University are Haley, my seventh generation grand- again. Where there once was slavery, to be congratulated for their commitment father purchased your seventh genera- we passed the thirteenth and four- and pride in the James Madison University tion grandfather. Alex stayed with that teenth amendments abolishing slavery Dukes national champion football team; faculty member for several weeks and and declaring equal protection under Whereas in the National Collegiate Ath- because of that encounter was finally the law for all races. Where there was letic Association championship game against able to weave together the rest of the segregation, came Brown v. Board of the Montana Grizzlies, the Dukes drove to a story of the struggle for freedom which Education and the Voting Rights Act. 10-to-7 lead at the half on the strength of the became America’s best-watched tele- There are so many moments like these 1-yard touchdown by seemingly indefatigable tailback Maurice Fenner and the 28-yard vision miniseries, the story of ‘‘Roots.’’ in our history and it is these moments field goal by kicker David Rabil; It is in the spirit of Alex Haley that we also celebrate with this resolution. Whereas the Dukes won the 2004 NCAA Di- I offer this resolution celebrating In addition, I do not believe we vision I–AA National Football Championship Black History Month. This resolution should simply rest on the accomplish- with an outstanding second half perform- honors the contributions of African ments of our past. We celebrate and re- ance, rushing for 257 yards and outscoring Americans throughout the history of member our history so we can learn its the Montana Grizzlies 21 to 14, to win the our country. It recommits the Senate lessons and apply them today. Today’s Championship by a score of 31 to 21; to the goals of liberty and equal oppor- wrongs are begging for attention. Afri- Whereas the Dukes added the NCAA Divi- can Americans in this country face sig- sion I–AA title to their share in the Atlantic tunity for every American. It con- Ten Conference title to claim their second demns the horrors of slavery, of lynch- nificant and often crippling disparities championship in 2004; ing, of segregation, and other instances in education, in health care, in quality Whereas every player on the Dukes foot- in which our country has failed to of life, and in other areas where the ball team (Nick Adams, Ryan Bache, L.C. measure up to its noble goals, and it Federal Government can play a role. Baker, Alvin Banks, Brandon Beach, pledges to work harder to improve edu- The best way for each one of us, and for Antoinne Bolton, D.D. Boxley, Rondell Brad- cational, health, and job opportunities the United States Senate, to com- ley, Isai Bradshaw, Ardon Bransford, Ander- for African Americans and for all memorate Black History Month is to son Braswell, Marvin Brown, Michael Brown, get to work on legislation that would Ryan Brown, Shawn Bryant, George Burns, Americans. Robbie Catterton, Frank Cobbs, Sean African Americans were brought offer African Americans and other Connaghan, Jamaal Crowder, Ben Crumlin, forcibly to these shores in the 17th cen- Americans better access to good Corey Davis, John Michael Deeds, Isaiah tury. From that dark beginning, how- schools, better access to quality health Dottin-Carter, Harry Dunn, Sudan Ellington, ever, they have overcome great obsta- care, better access to decent jobs. Nick Englehart, Sid Evans, Maurice Fenner,

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1141 Adam Ford, Casime Harris, Josh Haymore, formed into an effective and transparent leg- changing their identities, changing jobs, and Marcus Haywood, Tahir Hinds, Raymond islative institution; obtaining protection orders; Hines, Ryan Holston, Ryan Horn, David Whereas in November 2001, Speaker Whereas stalking is a crime that cuts Ingraldi, Chris Iorio, Mike Jenkins, Bruce Zhvania resigned his position in protest across race, culture, gender, age, sexual ori- Johnson, Shelton Johnson, Akeem Jordan, when government authorities attempted to entation, physical and mental ability, and Jacob Kahle, Clint Kent, Andrew Kern, Tim suppress the leading independent television economic status; Kibler, Joe Kluesner, Rodney Landers, Scott station in the Republic of Georgia; Whereas stalking is a crime under Federal Lemn, Matt LeZotte, Matt Magerko, Dexter Whereas Zurab Zhvania formed the United law and under the laws of all 50 States and Manley, Franklin Martin, Justin Mathias, Democrats, a party that blossomed into one the District of Columbia; Frank McArdle, Rodney McCarter, Craig of the major forces that brought about the Whereas rapid advancements in technology McSherry, Andrew Michael, Bryce Miller, Rose Revolution in the Republic of Georgia have made cyber-surveillance the new fron- Leon Mizelle, Mike Mozby, William Nowell, in November 2003; tier in stalking; Tom O’Connor, Will Patrick, David Rabil, Whereas in the most dangerous hours of Whereas there are national organizations, Justin Rascati, Tom Ridley, Demetrius the Rose Revolution, when it appeared that local victim service organizations, prosecu- Shambley, Khary Sharpe, Andre Shuler, armed force could be used against the peace- tors’ offices, and police departments that Bryan Smith, Leon Steinfeld, Chuck Suppon, ful protestors, Zurab Zhvania dismissed his stand ready to assist stalking victims and Cortez Thompson, Nic Tolley, Trey Town- bodyguards and led a march to Parliament who are working diligently to craft com- send, Brian Vaccarino, Kwynn Walton, Paul accompanied only by his young children; petent, thorough, and innovative responses Wantuck, Mike Wilkerson, Kevin Winston, Whereas Zurab Zhvania was named Prime to stalking; Stephen Wyatt, Kyle Zehr, and Jake Minister of the Republic of Georgia in No- Whereas there is a need to enhance the Zielinski) contributed to the success of the vember 2003, and led governmental efforts to criminal justice system’s response to stalk- team in this impressive championship sea- develop and implement far-reaching eco- ing and stalking victims, including aggres- son; nomic, judicial, military, and social reforms sive investigation and prosecution; and Whereas the Dukes became the first team thereby turning the promise of the Rose Rev- Whereas Congress urges the establishment in Division I–AA history to win the national olution into real results that have dramati- of January, 2006 as National Stalking Aware- title without playing a single playoff game cally improved life in the Republic of Geor- ness Month: Now, therefore, be it at home, battling for 3 consecutive playoff gia; Resolved by the Senate (the House of Rep- road victories; Whereas the strong commitment of Zurab resentatives concurring), That— Whereas the Dukes football team Head Zhvania to the peaceful restoration of the (1) it is the sense of Congress that— Coach Mickey Matthews has won 40 games in territorial integrity of Georgia was most re- (A) National Stalking Awareness Month his 6 years at James Madison University and cently displayed in the central role he played provides an opportunity to educate the peo- has taken the Dukes to the playoffs twice in in the development of the unprecedented and ple of the United States about stalking; his tenure; generous proposal of the Republic of Georgia (B) all Americans should applaud the ef- Whereas Coach Matthews has been named for resolving the status of South Ossetia forts of the many victim service providers, the 2004 Division I–AA National Coach of the peacefully and justly; and police, prosecutors, national and community Year by the American Football Coaches As- Whereas Zurab Zhvania’s vision of the his- organizations, and private sector supporters sociation, for his performance in the Dukes torical destiny of Georgia was eloquently ex- for their efforts in promoting awareness championship season; and pressed before the Council of Europe on April about stalking; and Whereas Assistant Coaches Curt Newsome, 27, 1999, when he said, ‘‘I am Georgian and (C) policymakers, criminal justice offi- Jeff Durden, George Barlow, Kyle Gillen- therefore, I am European’’: cials, victim service and human service water, Phil Ratliff, Chip West, Ulrick Ed- Now, therefore, be it agencies, nonprofits, and others should rec- monds, J.C. Price, Tony Tallent, and Jim Resolved, That the Senate— ognize the need to increase awareness of Durning deserve high recommendation for (1) expresses its deepest condolences to the stalking and availability of services for their strong leadership of, and superb coach- family of Zurab Zhvania for their tragic loss stalking victims; and ing support to, the James Madison Univer- of a son, husband, and father; (2) Congress urges national and community sity Dukes football team: Now, therefore, be (2) commends the courage, energy, polit- organizations, businesses in the private sec- it ical imagination, and leadership of Zurab tor, and the media to promote, through Na- Resolved, That the Senate— Zhvania that were so critical to the develop- tional Stalking Awareness Month, awareness (1) congratulates James Madison Univer- ment of a democratic Republic of Georgia; of the crime of stalking. sity Dukes football team for winning the 2004 and Mr. DEWINE. Mr. President, I rise NCAA Division I–AA National Champion- (3) recognizes that the integration of the today to submit a resolution calling for ship; and Republic of Georgia into Euro-Atlantic insti- the establishment of a National Stalk- (2) recognizes the achievements of all the tutions will be the completion of the vision ing Awareness Month. Each year, ap- players, coaches, and support staff of the of Zurab Zhvania and his most lasting leg- team. acy. proximately 1.4 million Americans— over 1 million women and about 400,000 f f men—are stalked. This statistic is SENATE RESOLUTION 46—COM- SENATE CONCURRENT RESOLU- truly staggering. Despite the preva- MEMORATING THE LIFE OF THE TION 10—RAISING AWARENESS lence of stalking and its recognition as LATE ZURAB ZHVANIA, FORMER AND ENCOURAGING PREVENTION a crime in all 50 States, this crime is PRIME MINISTER OF THE RE- OF STALKING BY ESTABLISHING often ignored. PUBLIC OF GEORGIA JANUARY 2006 AS ‘‘NATIONAL Stalking is an issue that affects 1 in STALKING AWARENESS MONTH’’ 12 women and 1 in 45 men during their Mr. LUGAR (for himself, Mr. BIDEN, lifetime. It cuts across all lines of race, Mr. HAGEL, and Mr. REID) submitted Mr. DEWINE (for himself and Mr. age, and gender. Women and men the following resolution; which was BIDEN) submitted the following concur- across the United States have strug- considered and agreed to: rent resolution; which was referred to gled emotionally and financially to re- S. RES. 46 the Committee on the Judiciary: build their lives after being victimized Whereas on the night of February 3, 2005, S. CON. RES. 10 by a stalker. the Prime Minister of the Republic of Geor- Whereas an estimated 1,006,970 women and With rapidly advancing technology, I gia, Zurab Zhvania, died, apparently due to 370,990 men are stalked annually in the fear that stalking will become even carbon monoxide poisoning caused by a mal- United States and, in the majority of such more common and that the perpetra- functioning heater; cases, the person is stalked by someone who Whereas the death of Prime Minister is not a stranger; tors will become even harder to catch. Zhvania at the age of 41 is a tragic loss for Whereas 81 percent of women who are Increasingly, smaller cameras now the Republic of Georgia; stalked by an intimate partner are also allow perpetrators to stalk their vic- Whereas Zurab Zhvania was a dedicated re- physically assaulted by that partner, and 76 tims from afar, often without even former whose visionary leadership inspired a percent of women who are killed by an inti- being detected. Video voyeurism is the new generation of political leaders in the Re- mate partner were also stalked by that inti- next frontier in stalking and more public of Georgia; mate partner; must be done to combat this problem. Whereas Zurab Zhvania founded the Citi- Whereas 26 percent of stalking victims lose This resolution applauds the efforts zen’s Union Party, which won elections in time from work as a result of their victim- 1995, making him the Speaker of the Geor- ization and 7 percent never return to work; of policymakers, law enforcement offi- gian Parliament; Whereas stalking victims are forced to cers, victim service agencies, and other Whereas under the leadership of Speaker take drastic measures to protect themselves, groups that currently promote aware- Zhvania, the Georgian Parliament was trans- such as relocating, changing their addresses, ness of stalking. This resolution also

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1142 CONGRESSIONAL RECORD — SENATE February 8, 2005 encourages these groups to examine and Mr. FEINGOLD) submitted an AUTHORITY FOR COMMITTEES TO new and innovative ways to promote amendment intended to be proposed by MEET prevention and prosecution of stalking him to the bill S. 5, to amend the pro- COMMITTEE ON BANKING, HOUSING, AND URBAN crimes. By increasing awareness and cedures that apply to consideration of AFFAIRS devising practical and effective means interstate class actions to assure fairer Mr. SPECTER. Mr. President, I ask to reduce the prevalence of this crime, outcomes for class members and de- unanimous consent that the Com- we can help the police, prosecutors, fendants, and for other purposes; which mittee on Banking, Housing, and and victims to confront this horrible was ordered to lie on the table; as fol- Urban Affairs be authorized to meet crime. lows: during the session of the Senate on Stalking is a tremendous problem, On page 15, strike lines 3 through 7, and in- February 8, 2005, at 10 a.m., to conduct and it is one that we need to do more sert the following: a hearing on ‘‘examining the Role of ‘‘(B) the term ‘class action’— to address. A National Stalking Aware- Credit Rating Agencies in the Capital ness Month would help to educate and ‘‘(i) means any civil action filed under rule 23 of the Federal Rules of Civil Procedure or Markets.’’ increase awareness about stalking. I similar State statute or rule of judicial pro- The PRESIDING OFFICER. Without encourage my colleagues to support cedure authorizing an action to be brought objection, it is so ordered. this resolution. We can—and we by 1 or more representative persons as a COMMITTEE ON FINANCE should—do more to ensure that stalk- class action; and Mr. SPECTER. Mr. President, I ask ers are brought to justice and that ‘‘(ii) does not include— ‘‘(I) any class action brought under a State unanimous consent that the Com- their victims are not forced to live in mittee on Finance be authorized to fear. or local civil rights law prohibiting discrimination on the basis of race, color, religion, meet during the session of the Senate f sex, national origin, age, disability, or other on Tuesday, February 8, 2005, at 2:15 SENATE CONCURRENT RESOLU- classification specified in that law; or p.m., to hear testimony on Revenue TION 11—HONORING THE ‘‘(II) any class action or collective action Proposals in the President’s FY06 brought to obtain relief under State or local TUSKEGEE AIRMEN FOR THEIR Budget. law for failure to pay the minimum wage, The PRESIDING OFFICER. Without BRAVERY IN FIGHTING FOR OUR overtime pay, or wages for all time worked, FREEDOM IN WORLD WAR II, failure to provide rest or meal breaks, or un- objection, it is so ordered. AND FOR THEIR CONTRIBUTION lawful use of child labor; COMMITTEE ON RULES AND ADMINISTRATION IN CREATING AN INTEGRATED Mr. SPECTER. Mr. President, I ask UNITED STATES AIR FORCE SA 3. Mr. DURBIN proposed an unanimous consent that the Com- amendment to the bill S. 5, to amend Mr. SESSIONS (for himself and Mr. mittee on Rules and Administration be the procedures that apply to consider- authorized to meet during the session SHELBY) submitted the following con- ation of interstate class actions to as- of the Senate on Tuesday, February 8, current resolution; which was referred sure fairer outcomes for class members to the Committee on Armed Services. 2005, at 9:30 a.m., to conduct its organi- and defendants, and for other purposes; zational meeting for the 109th Con- S. CON. RES. 11 as follows: gress. Whereas the United States is currently On page 20, before the semicolon at the end The PRESIDING OFFICER. Without combating terrorism around the world and is of line 23, insert ‘‘or by the court sua objection, it is so ordered. highly dependent on the global reach and sponte’’. SUBCOMMITTEE ON BIOTERRORISM AND PUBLIC presence provided by the Air Force; On page 21, line 5, strike ‘‘solely’’. Whereas these operations require the high- HEALTH PREPAREDNESS f est skill and devotion to duty from all Air Mr. SPECTER. Mr. President, I ask Force personnel involved; NOTICES OF HEARINGS/MEETINGS unanimous consent that the Sub- Whereas the Tuskegee Airmen proved that SUBCOMMITTEE ON ENERGY committee on Bioterrorism and Public such skill and devotion, and not skin color, Mr. ALEXANDER. Mr. President, I Health Preparedness be authorized to are the determining factors in aviation; hold a hearing during the session of the Whereas the Tuskegee Airmen served hon- would like to announce for the infor- orably in the Second World War struggle mation of the Senate and the public Senate on Tuesday, February 8, 2005, at against global fascism; and that the following hearing has been 10 a.m. in SD–430. Whereas the example of the Tuskegee Air- scheduled before the Energy and Nat- The PRESIDING OFFICER. Without men has encouraged millions of Americans ural Resources’ Subcommittee on En- objection, it is so ordered. of every race to pursue careers in air and ergy. SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS space technology; Now, therefore, be it The hearing, entitled The Future of Mr. SPECTER. Mr. President, I ask Resolved by the Senate (the House of Rep- Liquefied Natural Gas: Siting and Safe- unanimous consent that the Sub- resentatives concurring), That it is the sense of Congress that the United States Air Force ty, will be held on Tuesday, February committee on Public Lands and For- should continue to honor and learn from the 15th at 2:30 p.m. in Room SD–366. ests be authorized to meet during the example provided by the Tuskegee Airmen as The purpose of the hearing is to re- session of the Senate on Tuesday, Feb- it faces the challenges of the 21st century ceive testimony regarding the pros- ruary 8, 2005, at 10 a.m. and the war on terror. pects for liquefied natural gas (LNG) in The purpose of the hearing is to re- f the United States, Panel 1, and to dis- view the implementation of Titles I cuss the safety and security issues re- through III of P.L. 106–393, the Secure AMENDMENTS SUBMITTED AND lated to LNG development, Panel 2. Rural Schools and Community Self-De- PROPOSED Witnesses will be the FERC, the Coast termination Act of 2000. SA 2. Mr. KENNEDY (for himself, Ms. Guard, State authorities, and industry The PRESIDING OFFICER. Without CANTWELL, Mr. BIDEN, Mr. LEAHY, Mr. stakeholders. Issues that will be dis- objection, it is so ordered. CORZINE, Mrs. MURRAY, Ms. MIKULSKI, and cussed include LNG siting process; risk f Mr. FEINGOLD) submitted an amendment in- assessment; and the State and local tended to be proposed by him to the bill S. 5, governments’ role. PRIVILEGE OF THE FLOOR to amend the procedures that apply to con- Because of the limited time available Mr. CORNYN. Mr. President, I ask sideration of interstate class actions to assure fairer outcomes for class members and for the hearing, witnesses may testify unanimous consent that a member of defendants, and for other purposes; which by invitation only. However, those my staff, Magan Dredla, be given floor was ordered to lie on the table. wishing to submit written testimony privileges for the duration of the de- SA 3. Mr. DURBIN proposed an amendment for the hearing record should send two bate. to the bill S. 5, supra. copies of their testimony to the Com- The PRESIDING OFFICER. Without f mittee on Energy and Natural Re- objection, it is so ordered. sources, United States Senate, SD–364 Mr. HARKIN. Mr. President, I ask TEXT OF AMENDMENTS Dirksen Senate Office Building, Wash- unanimous consent that Matt Drake of SA 2. Mr. KENNEDY (for himself, Ms. ington, DC 20510–6150. my staff be granted the privileges of CANTWELL, Mr. BIDEN, Mr. LEAHY, Mr. For further information, please con- the floor for the duration of today’s CORZINE, Mrs. MURRAY, Ms. MIKULSKI, tact: Shane Perkins at 202–224–7555. session.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1143 The PRESIDING OFFICER. Without In his distinguished career, Head The preamble was agreed to. objection, it is so ordered. Coach Mickey Matthews has won 40 The resolution, with its preamble, f games in 6 years at James Madison reads as follows: University and has taken the Dukes to S. RES. 45 APPOINTMENTS the playoffs twice in his tenure. The The PRESIDING OFFICER. The Whereas the students, alumni, faculty, and American Football Coaches Associa- supporters of James Madison University are Chair, on behalf of the Majority Lead- tion has named Coach Matthews the to be congratulated for their commitment er, pursuant to Public Law 105–83, an- 2004 Division I–AA National Coach of and pride in the James Madison University nounces the appointment of the fol- the Year for his performance in the Dukes national champion football team; lowing individuals to serve as members Dukes’ championship season. Coach Whereas in the National Collegiate Ath- of the National Council of the Arts: the Matthews lead the Dukes to become letic Association championship game against Senator from Ohio, Mr. DEWINE, and the first team in Division I–AA history the Montana Grizzlies, the Dukes drove to a the Senator from Utah, Mr. BENNETT. to win the national title without play- 10-to-7 lead at the half on the strength of the The Chair, pursuant to Executive ing a single playoff game at home, bat- 1-yard touchdown by seemingly indefatigable tailback Maurice Fenner and the 28-yard Order No. 12131, reappoints the fol- tling for three consecutive playoff road field goal by kicker David Rabil; lowing Member to the President’s Ex- victories. In addition to their 2004 na- Whereas the Dukes won the 2004 NCAA Di- port Council: the Honorable MIKE ENZI tional title, the team also shares the vision I–AA National Football Championship of Wyoming. Atlantic Ten Championship title, one with an outstanding second half perform- The Chair, on behalf of the President of the toughest Division I–AA con- ance, rushing for 257 yards and outscoring of the Senate, pursuant to Public Law ferences in the country. the Montana Grizzlies 21 to 14, to win the 85–874, as amended, appoints the Sen- The members of the 2004 James Madi- Championship by a score of 31 to 21; ator from Mississippi, Mr. COCHRAN, to son University Football have indeed Whereas the Dukes added the NCAA Divi- the Board of Trustees of the John F. made their university proud and should sion I–AA title to their share in the Atlantic be applauded for their character and Ten Conference title to claim their second Kennedy Center for the Performing championship in 2004; Arts, vice the Senator from Alaska, leadership, both on and off the playing Whereas every player on the Dukes foot- Mr. STEVENS. field. I congratulate Nick Adams, Ryan ball team (Nick Adams, Ryan Bache, L.C. f Bache, L.C. Baker, Alvin Banks, Bran- Baker, Alvin Banks, Brandon Beach, don Beach, Antoinne Bolton, D.D. Antoinne Bolton, D.D. Boxley, Rondell Brad- COMMENDING THE JAMES MADI- Boxley, Rondell Bradley, Isai Brad- ley, Isai Bradshaw, Ardon Bransford, Ander- SON UNIVERSITY FOOTBALL shaw, Ardon Bransford, Anderson son Braswell, Marvin Brown, Michael Brown, TEAM Braswell, Marvin Brown, Michael Ryan Brown, Shawn Bryant, George Burns, Mr. BROWNBACK. Mr. President, I Brown, Ryan Brown, Shawn Bryant, Robbie Catterton, Frank Cobbs, Sean Connaghan, Jamaal Crowder, Ben Crumlin, ask unanimous consent that the Sen- George Burns, Robbie Catterton, Frank Corey Davis, John Michael Deeds, Isaiah ate proceed to the immediate consider- Cobbs, Sean Connaghan, Jamaal Dottin-Carter, Harry Dunn, Sudan Ellington, ation of S. Res. 45, which was sub- Crowder, Ben Crumlin, Corey Davis, Nick Englehart, Sid Evans, Maurice Fenner, mitted earlier today. John Michael Deeds, Isaiah Dottin-Car- Adam Ford, Casime Harris, Josh Haymore, The PRESIDING OFFICER. The ter, Harry Dunn, Sudan Ellington, Marcus Haywood, Tahir Hinds, Raymond clerk will state the resolution by title. Nick Englehart, Sid Evans, Maurice Hines, Ryan Holston, Ryan Horn, David The assistant legislative clerk read Fenner, Adam Ford, Casime Harris, Ingraldi, Chris Iorio, Mike Jenkins, Bruce as follows: Josh Haymore, Marcus Haywood, Tahir Johnson, Shelton Johnson, Akeem Jordan, Jacob Kahle, Clint Kent, Andrew Kern, Tim A resolution (S. Res. 45) commending the Hinds, Raymond Hines, Ryan Holston, Kibler, Joe Kluesner, Rodney Landers, Scott James Madison University Dukes football Ryan Horn, David Ingraldi, Chris Iorio, Lemn, Matt LeZotte, Matt Magerko, Dexter team for winning the 2004 NCAA Division I– Mike Jenkins, Bruce Johnson, Shelton Manley, Franklin Martin, Justin Mathias, AA National Football Championship. Johnson, Akeem Jordan, Jacob Kahle, Frank McArdle, Rodney McCarter, Craig There being no objection, the Senate Clint Kent, Andrew Kern, Tim Kibler, McSherry, Andrew Michael, Bryce Miller, proceeded to consider the resolution. Joe Kluesner, Rodney Landers, Scott Leon Mizelle, Mike Mozby, William Nowell, Mr. ALLEN. Mr. President, today I Lemn, Matt LeZotte, Matt Magerko, Tom O’Connor, Will Patrick, David Rabil, congratulate the James Madison Uni- Dexter Manley, Franklin Martin, Jus- Justin Rascati, Tom Ridley, Demetrius versity Football team for winning the Shambley, Khary Sharpe, Andre Shuler, tin Mathias, Frank McArdle, Rodney Bryan Smith, Leon Steinfeld, Chuck Suppon, 2004 NCAA Division I–AA football McCarter, Craig McSherry, Andrew Mi- Cortez Thompson, Nic Tolley, Trey Town- championship with a 31 to 21 victory chael, Bryce Miller, Leon Mizelle, Mike send, Brian Vaccarino, Kwynn Walton, Paul over the Montana Grizzlies. This reso- Mozby, William Nowell, Tom O’Connor, Wantuck, Mike Wilkerson, Kevin Winston, lution expresses congratulations of the Will Patrick, David Rabil, Justin Stephen Wyatt, Kyle Zehr, and Jake Senate these outstanding young men. Rascati, Tom Ridley, Demetrius Zielinski) contributed to the success of the As a former collegiate athlete and an Shambley, Khary Sharpe, Andre team in this impressive championship sea- avid football fan, I want to express the Shuler, Bryan Smith, Leon Steinfeld, son; pride felt by all students, faculty and Whereas the Dukes became the first team Chuck Suppon, Cortez Thompson, Nic in Division I–AA history to win the national alumni of James Madison University at Tolley, Trey Townsend, Brian title without playing a single playoff game this tremendous accomplishment by Vaccarino, Kwynn Walton, Paul at home, battling for 3 consecutive playoff the football team. Head Coach Mickey Wantuck, Mike Wilkerson, Kevin Win- road victories; Matthews and his superb coaching ston, Stephen Wyatt, Kyle Zehr and Whereas the Dukes football team Head staff: Curt Newsome, Jeff Durden, Jake Zielinski. Coach Mickey Matthews has won 40 games in George Barlow, Kyle Gillenwater, Phil Mr. President, I hope my colleagues his 6 years at James Madison University and has taken the Dukes to the playoffs twice in Ratliff, Chip West, Ulrick Edmonds, will join with Senator WARNER and I to J.C. Price, Tony Tallent, Jim Durning, his tenure; pass this resolution recognizing the Whereas Coach Matthews has been named deserve much of the credit for the ac- National Champion James Madison the 2004 Division I–AA National Coach of the complishment of these student athletes University Football team. Year by the American Football Coaches As- and should also be highly commended. Mr. BROWNBACK. Mr. President, I sociation, for his performance in the Dukes The James Madison University ask unanimous consent that the reso- championship season; and Dukes Football team fought to a 10 to lution be agreed to, the preamble be Whereas Assistant Coaches Curt Newsome, 7 halftime lead on the strength of tail- agreed to, the motion to reconsider be Jeff Durden, George Barlow, Kyle Gillenwater, Phil Ratliff, Chip West, Ulrick back Maurice Fenner’s 1-yard touch- laid upon the table, and that any state- down and kicker David Rabil’s 28-yard Edmonds, J.C. Price, Tony Tallent, and Jim ments relating to the matter be print- Durning deserve high recommendation for field goal. The Dukes went on to win ed in the RECORD. their strong leadership of, and superb coach- the game with an outstanding second The PRESIDING OFFICER. Without ing support to, the James Madison Univer- half performance, rushing for 257 and objection, it is so ordered. sity Dukes football team: Now, therefore, be outscoring the Montana Grizzlies 31 to The resolution (S. Res. 45) was agreed it 21. to. Resolved, That the Senate—

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1144 CONGRESSIONAL RECORD — SENATE February 8, 2005 (1) congratulates James Madison Univer- country toward democracy through a Whereas the strong commitment of Zurab sity Dukes football team for winning the 2004 tumultuous time period. He was one of Zhvania to the peaceful restoration of the NCAA Division I–AA National Champion- the lead architects of the Rose Revolu- territorial integrity of Georgia was most re- ship; and tion and democracy coming forward in cently displayed in the central role he played (2) recognizes the achievements of all the in the development of the unprecedented and players, coaches, and support staff of the Georgia. generous proposal of the Republic of Georgia team. I cannot let this pass without noting for resolving the status of South Ossetia what an incredible loss he is to Geor- peacefully and justly; and f gia. He would have been one of at least Whereas Zurab Zhvania’s vision of the his- COMMEMORATING THE LIFE OF the top one to three people who make torical destiny of Georgia was eloquently ex- THE LATE ZURAB ZHVANIA OF that country move to where it is today. pressed before the Council of Europe on April THE REPUBLIC OF GEORGIA They are suspicious circumstances 27, 1999, when he said, ‘‘I am Georgian and under which he died—gas inhalation in therefore, I am European’’: Mr. BROWNBACK. Mr. President, I an apartment. It appears to be natural Now, therefore, be it ask unanimous consent that the Sen- Resolved, That the Senate— causes, but there has been a lot of dif- (1) expresses its deepest condolences to the ate proceed to the consideration of S. ficult political activity going on in Res. 46, which was submitted earlier family of Zurab Zhvania for their tragic loss Georgia—kidnappings and deaths that of a son, husband, and father; today. have taken place. I hope that was not (2) commends the courage, energy, polit- The PRESIDING OFFICER. The the case. ical imagination, and leadership of Zurab clerk will state the resolution by title. I have my own personal thoughts of Zhvania that were so critical to the develop- The assistant legislative clerk read him, and my sympathy goes out to his ment of a democratic Republic of Georgia; as follows: family—his wife and young children. and A resolution (S. Res. 46) commemorating (3) recognizes that the integration of the He was 41 years old. He was a wonderful Republic of Georgia into Euro-Atlantic insti- the life of the late Zurab Zhvania, former guy and he will be sorely missed in Prime Minister of the Republic of Georgia. tutions will be the completion of the vision Georgia and around the world. I know of Zurab Zhvania and his most lasting leg- This being no objection, the Senate his family will miss him dearly. acy. proceeded to consider the resolution. Mr. President, I ask unanimous con- f Mr. LUGAR. Mr. President, today I sent that the resolution be agreed to, offer a resolution commemorating the the preamble be agreed to, and the mo- ORDERS FOR WEDNESDAY, life of the late Zurab Zhvania, former tion to reconsider be laid upon the FEBRUARY 9, 2005 Prime Minister of the Republic of table. Mr. BROWNBACK. Mr. President, I Georgia. The PRESIDING OFFICER. Without ask unanimous consent that when the At the request of President Bush, I objection, it is so ordered. Senate completes its business today, it was honored to lead a delegation last The resolution (S. Res. 46) was agreed adjourn until 9:30 a.m. on Wednesday, weekend to represent the United States to. February 9. I further ask that fol- at Prime Minister Zhvania’s funeral. The preamble was agreed to. lowing the prayer and pledge, the Also representing the United States The resolution, with its preamble, morning hour be deemed expired, the was Paul Applegarth, Millennium Chal- reads as follows: Journal of proceedings be approved to lenge Corporation CEO; and Lorne S. RES. 46 date, the time for the two leaders be Craner, President of the International Whereas on the night of February 3, 2005, reserved, and the Senate begin a period Republican Institute. the Prime Minister of the Republic of Geor- for the transaction of morning business Prime Minister Zhvania was a promi- gia, Zurab Zhvania, died, apparently due to for up to 1 hour, with the first 30 min- nent leader in Georgia’s Rose Revolu- carbon monoxide poisoning caused by a mal- utes under the control of the Demo- functioning heater; tion. He was a true reformer, lauded for cratic leader or his designee and the Whereas the death of Prime Minister second 30 minutes under the control of his intellectual acuity, and a friend of Zhvania at the age of 41 is a tragic loss for America. I was fortunate to meet with the Republic of Georgia; the Republican leader or his designee; Zhvania last December. We had an ex- Whereas Zurab Zhvania was a dedicated re- provided that following morning busi- tensive discussion about Georgia’s former whose visionary leadership inspired a ness, the Senate resume consideration promising future and vigorous agenda new generation of political leaders in the Re- of S. 5, the class action bill, and upon to transform it into a regional model of public of Georgia; reporting the bill, the pending amend- political and economic progress. Whereas Zurab Zhvania founded the Citi- ment be set aside and Senator PRYOR zen’s Union Party, which won elections in The U.S.-Georgia relationship is be recognized to offer an amendment. 1995, making him the Speaker of the Geor- The PRESIDING OFFICER. Without strong. I am grateful to Georgia’s re- gian Parliament; objection, it is so ordered. cent decision to increase its troop level Whereas under the leadership of Speaker in Iraq. I am also grateful for its part- Zhvania, the Georgian Parliament was trans- f nership in the War on Terror, including formed into an effective and transparent leg- PROGRAM its troop commitment in Afghanistan islative institution; Whereas in November 2001, Speaker Mr. BROWNBACK. Mr. President, to- and to the peacekeeping mission in morrow, following morning business, Kosovo. I am hopeful that our strategic Zhvania resigned his position in protest when government authorities attempted to the Senate will resume consideration relationship with Georgia will continue suppress the leading independent television of the class action fairness bill. Sen- to grow as we face the new threats of station in the Republic of Georgia; ator PRYOR will offer an amendment on the 21st century. Whereas Zurab Zhvania formed the United State attorneys general. We also have The death of Prime Minister Zhvania Democrats, a party that blossomed into one a Durbin amendment pending on mass is a loss for Georgia, for the United of the major forces that brought about the actions. We hope to dispose of these States, and for the community of Rose Revolution in the Republic of Georgia amendments early tomorrow, and in November 2003; democratic nations. I ask my col- Members should plan accordingly. For leagues for their support of this resolu- Whereas in the most dangerous hours of the Rose Revolution, when it appeared that the remainder of the day, we will con- tion. armed force could be used against the peace- tinue to offer and debate amendments Mr. BROWNBACK. Mr. President, on ful protestors, Zurab Zhvania dismissed his to the class action bill. Therefore, roll- a personal note, I knew Zurab Zhvania. bodyguards and led a march to Parliament call votes are expected throughout to- I worked with him quite a bit. He was accompanied only by his young children; morrow’s session. one of the original democracy advo- Whereas Zurab Zhvania was named Prime Just for the knowledge of Members, I cates inside Georgia, a country that Minister of the Republic of Georgia in No- know the leader intends to move this came out of the former Soviet Union, a vember 2003, and led governmental efforts to bill forward, getting it done this week. wonderful man, with a great heart. He develop and implement far-reaching economic, judicial, military, and social reforms As has been stated during the debate, started out as an environmentalist. thereby turning the promise of the Rose Rev- it is the hope to move this forward so That is how he got active in the polit- olution into real results that have dramati- the House can consider it and move it ical system. He and Mr. Shevardnaze cally improved life in the Republic of Geor- on to the President in as early a fash- formed an alliance and moved the gia; ion as possible.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — SENATE S1145 To be major general DANIEL R. DIRNBERGER, 0000 This is a bipartisan bill with strong MARY BETH * DURBIN, 0000 support. Not everybody agrees with it, BRIGADIER GENERAL THOMAS A BENES, 0000 KELCEY D. ELSASS, 0000 obviously, but this is something we BRIGADIER GENERAL WILLIAM D CATTO, 0000 WILLIAM P. ELSASS, 0000 BRIGADIER GENERAL MICHAEL E ENNIS, 0000 ANTONIO J. * EPPOLITO, 0000 hope can move forward as soon as pos- BRIGADIER GENERAL WALTER E GASKIN, SR, 0000 BASSAM M. FAKHOURI, 0000 sible. BRIGADIER GENERAL TIMOTHY R LARSEN, 0000 JAMES A. FEIG, 0000 BRIGADIER GENERAL MICHAEL R LEHNERT, 0000 JILL C. * FEIG, 0000 Mr. DURBIN. If the Senator from BRIGADIER GENERAL DUANE D THIESSEN, 0000 EARL E. * FERGUSON III, 0000 Kansas will yield, through the Chair, I BRIGADIER GENERAL GEORGE J TRAUTMAN III, 0000 MELETIOS J. * FOTINOS, 0000 BRIGADIER GENERAL WILLIE J WILLIAMS, 0000 DENISE WRIGHT * FRANCOIS, 0000 would like to make a point on the BRIGADIER GENERAL RICHARD C ZILMER, 0000 THOMAS J. * GAL, JR., 0000 RECORD that there will be other Sen- DAVID P. * GILBERT, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES M. * GLASS, 0000 ators offering amendments tomorrow. IN THE UNITED STATES MARINE CORPS TO THE GRADE PAUL E. * GOURLEY, 0000 Senator KENNEDY is seeking that op- INDICATED UNDER TITLE 10, U.S.C., SECTION 624: GERALD A. * GRANT, 0000 NABIL M. HABIB, 0000 portunity. As we understand it, we are To be brigadier general WILLIAM HALLIER, 0000 going to Senator PRYOR by this unani- COLONEL GEORGE J ALLEN, 0000 DAVID B. * HAMMER, 0000 COLONEL RAYMOND C FOX, 0000 CHRISTINE D. * HAMRICK, 0000 mous consent agreement, and I want COLONEL ANTHONY M HASLAM, 0000 CRAIG M. HAUSER, 0000 the RECORD to reflect other Senators COLONEL DAVID R HEINZ, 0000 ALISON H. * HELMKAMP, 0000 COLONEL STEVEN A HUMMER, 0000 CODY L. * HENDERSON, 0000 on this side of the aisle will be offering COLONEL ANTHONY L JACKSON, 0000 ALDEN D. * HILTON, 0000 amendments. COLONEL RICHARD M LAKE, 0000 THOMAS S. HOFFMAN, 0000 COLONEL ROBERT E MILSTEAD, JR, 0000 PAT P. HOGAN, 0000 Mr. BROWNBACK. Mr. President, we WILLIAM C. * HOOK, 0000 COLONEL MICHAEL R REGNER, 0000 DREW M. * HORLBECK, 0000 have a few other items to come before COLONEL DAVID G REIST, 0000 BOBBY C. * HOWARD, 0000 COLONEL MELVIN G SPIESE, 0000 the body, but we are not quite prepared THOMAS HUANG, 0000 COLONEL JOHN E WISSLER, 0000 to bring those forward yet. I suggest RICHARD J. * HUGHES, 0000 IN THE AIR FORCE KEITH W. * HUNSAKER, 0000 the absence of a quorum. STEPHEN B. IRVIN, 0000 The PRESIDING OFFICER. The THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- CHARLES E. * JOHNSON, 0000 POINTMENT IN THE GRADE INDICATED IN THE UNITED RONALD B. * JOHNSTON, JR., 0000 clerk will call the roll. STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: KATHLEEN M. * JONES, 0000 The assistant legislative clerk pro- CAROLINE H. KENNEBECK, 0000 To be colonel ANDREW M. * KIM, 0000 ceeded to call the roll. BARBARA S. BLACK, 0000 MOLLY E. * KLEIN, 0000 Mr. BROWNBACK. Mr. President, I VINCENT T. JONES, 0000 LESLIE A. KNIGHT, 0000 THOMAS J. KNOLMAYER, 0000 ask unanimous consent that the order THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERIK K. KODA, 0000 for the quorum call be rescinded. TO THE GRADE INDICATED IN THE UNITED STATES AIR CLARICE H. KONSHOK, 0000 The PRESIDING OFFICER. Without FORCE, UNDER TITLE 10, U.S.C., SECTIONS 624 AND 1552: THOMAS C. * KRIVAK, 0000 To be colonel BRADLEY J. * LAWSON, 0000 objection, it is so ordered. BRIAN C. * LEACH, 0000 GLENN T. LUNSFORD, 0000 MOON H. * LEE, 0000 f HENRY T. LEIS, 0000 THE FOLLOWING NAMED OFFICER FOR REGULAR AP- TAMMY J. * LINDSAY, 0000 ADJOURNMENT UNTIL 9:30 A.M. POINTMENT IN THE GRADE INDICATED IN THE UNITED JOHN J. * LINNETT, 0000 TOMORROW STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 531 PATRICK D. LOWRY, 0000 AND 1552: LOUIS * MARTINEZ, JR., 0000 Mr. BROWNBACK. Mr. President, at To be colonel RICHARD J. MAYERS, 0000 this time, there is no further business THOMAS J. * MCBRIDE, 0000 FREDERICK E. JACKSON, 0000 TIMOTHY A. MCGRAW, 0000 to come before the Senate. I ask unani- ANTHONY J. * MEYER, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- GARY K. * MILLER, 0000 mous consent that the Senate stand in POINTMENT IN THE GRADE INDICATED IN THE UNITED SCOTT A. * MOORE, 0000 adjournment under the previous order. STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 531 SEAN I. * MOORE, 0000 There being no objection, the Senate, AND 1552: WILLIAM P. MUELLER, 0000 To be lieutenant colonel TRISTI W. * MUIR, 0000 at 6:32 p.m., adjourned until Wednes- ALAN D. * MURDOCK, 0000 day, February 9, 2005, at 9:30 a.m. ROBERT G. PATE, 0000 MICHAEL S. * MYNES, 0000 DWAYNE A. STICH, 0000 JACOB P. * NOORDZIJ, 0000 f JOSEPH D. * PENDON, 0000 THE FOLLOWING NAMED OFFICER FOR A REGULAR AP- RODOLFO * PEREZGALLARDO, 0000 NOMINATIONS POINTMENT IN THE GRADE INDICATED IN THE UNITED JON PERLSTEIN, 0000 STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 531 STEVEN E. * PFLANZ, 0000 Executive nominations received by AND 2114. NAMTRAN H. * PHAM, 0000 DAN E. * PHILLIPS, 0000 the Senate February 8, 2005: To be captain HEIDI J. * PINKERTON, 0000 MISSISSIPPI RIVER COMMISSION KELLY E. NATION, 0000 BRIAN S. PINKSTON, 0000 JULIE A. * PLUMBLEY, 0000 BRIGADIER GENERAL WILLIAM T. GRISOLI, UNITED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK A. POSTLER, 0000 STATES ARMY, TO BE A MEMBER OF THE MISSISSIPPI TO THE GRADE INDICATED IN THE RESERVE OF THE AIR SCOTT C. PRICE, 0000 RIVER COMMISSION. FORCE UNDER TITLE 10, U.S.C., SECTION 12203: RICHARD D. QUINTANA, 0000 FOREIGN SERVICE DAVID P. RAIKEN, 0000 To be colonel MATTHEW G. * RETZLOFF, 0000 THE FOLLOWING-NAMED CAREER MEMBERS OF THE LOURDES J. ALMONTE, 0000 WANDA L. * SALZER, 0000 SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF JAMES E. BILLINGS II, 0000 JAMES L. * SANDERSON, 0000 COMMERCE FOR PROMOTION WITHIN AND INTO THE SEN- MARY E. BURKE, 0000 DAVID A. * SARNOW, 0000 IOR FOREIGN SERVICE TO THE CLASS INDICATED: JAMES M. GERMAIN, 0000 MARK G. * SCHERRER, 0000 CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLAUDE W. MITCHELL, 0000 DALE M. SELBY, 0000 CLASS OF MINISTER-COUNSELOR: WAYNE J. OLSON, 0000 PAUL M. SHERMAN, 0000 ROBERT J. WEISENBERGER, 0000 DANIEL A. SHOOR, 0000 EDGAR FULTON, JR., OF MASSACHUSETTS STEVEN B. SLOAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GEORGE RUFFNER, OF PENNSYLVANIA BARRY C. * SMITH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR JAMES WILSON, OF PENNSYLVANIA SCOTT M. STALLINGS, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED KAREN ZENS, OF THE DISTRICT OF COLUMBIA DAVID C. * STREITMAN, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, ERIKA J. STRUBLE, 0000 624 AND 531: CLASS OF COUNSELOR: DONOVAN N. TAPPER, 0000 To be lieutenant colonel JON C. * TAYLOR, 0000 NANCY CHARLES-PARKER, OF COLORADO EDWARD B. * TIENG, 0000 CATHERINE HOUGHTON, OF CALIFORNIA BRIAN F. * AGEE, 0000 CHRISTOPHER M. UNTCH, 0000 GREGORY LOOSE, OF CALIFORNIA DALE M. * AHRENDT, 0000 STEVEN G. * VENTICINQUE, 0000 PATRICK SANTILLO, OF MARYLAND CHRISTOPHER S. ALLEN, 0000 LYNDA K. * VU, 0000 KAREN WARE, OF THE DISTRICT OF COLUMBIA RICHARD L. * ALLEN, 0000 KELLY N. * WEST, 0000 WILLIAM ZARIT, OF FLORIDA STEVEN L. BAYER, 0000 JOHANN S. WESTPHALL, 0000 NATIONAL OCEANIC AND ATMOSPHERIC ROSULA A. BELL, 0000 BRADFORD * WILLIAMS, 0000 BRADY N. * BENHAM, 0000 ANITA JO ANNE * WINKLER, 0000 ADMINISTRATION CATHERINE A. * BOBENRIETH, 0000 TIMOTHY F. * WITHAM, 0000 SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE MARK E. * BOSTON, 0000 KIMBERLEY A. * WOLOSHIN, 0000 FOLLOWING FOR PERMANENT APPOINTMENT TO THE RUDY M. * BRAZA, 0000 RAWSON L. WOOD, 0000 GRADES INDICATED IN THE NATIONAL OCEANIC AND AT- ANTHONY J. BROTHERS, 0000 LUN S. YAN, 0000 MOSPHERIC ADMINISTRATION: HANS C. * BRUNTMYER, 0000 DANIEL B. BRUZZINI, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be commander HEATHER L. CALLUM, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR CHARLES L. * CAMPBELL, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED JAMES D. RATHBURN SCOTT E. CAULKINS, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS To be lieutenant (junior grade) WILLIAM D. * CLOUSE, 0000 624 AND 531: CHRISTOPHER P. * COPPOLA, 0000 To be major ANDREW P. SEAMAN CHERYL ANN * COX, 0000 IN THE MARINE CORPS MARK C. DELEON, 0000 MICHELLE D. * ALLENMCCOY, 0000 CARLO G. N. * DEMANDANTE, 0000 CHARLES P. D. * AYOTTE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICHARD C. * DERBY, 0000 NORA A. * BARBER, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE JOHN P. * DICE, 0000 DAVID P. * BENNETT, 0000 INDICATED UNDER TITLE 10, U.S.C., SECTION 624: DANIEL S. DIETRICH, 0000 LEE RAY AW * BENNETT, 0000

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MICHAEL A. * BLACKBURN, 0000 BRENDA J. * WILSON, 0000 WADE T. GORDON, 0000 CHRISTOPHER A. * BROWN, 0000 ELEYCE L. * WINN, 0000 SPENCER C. GREENE, 0000 THOMAS P. * BUCCI, 0000 ROBERT G. * YOUNG, 0000 CHARLES E. GREESON, 0000 AIMEE M. * CANNON, 0000 ERICA J. GRIFFIN, 0000 CHAD C. * CARTER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLLEEN M. GROSS, 0000 MICHAEL JOHN * COCO, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR DANIEL D. GRUBER, 0000 W. SHANE * COHEN, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER M. GRUSSENDORF, 0000 PAUL R. * CONNOLLY, 0000 To be major PAUL W. GRUTTER, 0000 RATNA M. * CONTRACTOR, 0000 ABEL T. GUERRA, 0000 SETH * COWELL, 0000 JAMES R. ABBOTT, 0000 ERIC J. HANLY, 0000 PAUL E. * CRONIN, 0000 KIMBERLY A. ABERNETHY, 0000 DAVID A. HARDY, 0000 BRYAN B. * DAVIS, 0000 GRETCHEN M. ADAMS, 0000 AARON C. HARJU, 0000 THOMAS H. * DOBBS, 0000 JOSEPH T. ADINARO, 0000 SHELLY S. HARKINS, 0000 BRADLEY E. * EAYRS, 0000 JENNIFER L. ADKINS, 0000 JOHN D. HARRAH, 0000 JOEL F. ENGLAND, 0000 AMANDA E. ALFORD, 0000 CINDY LOU HARRIS, 0000 EDWARD S. * FABI, 0000 COREY L. ANDERSON, 0000 COREY D. HARRISON, 0000 JIN HWA LEE * FRAZIER, 0000 EDWARD R. ANDERSON III, 0000 AARON N. HARTMAN, 0000 JOSEPH B. * FREEDLE, 0000 ERIC R. ANDERSON, 0000 BRIAN G. HAWKINS, 0000 TODD A. * FROMMEYER, 0000 ALAN J. ANTHONY, 0000 BRET D. HEEREMA, 0000 GAVIN S. * GILMOUR, 0000 JASON G. ARNOLD, 0000 ERIC D. HERMES, 0000 PAULA M. * GRANT, 0000 MEHDI AZADI, 0000 JOSHUA M. HIXSON, 0000 MICHAEL K. * GREENE, 0000 KRIS K. BAIK, 0000 RANDALL D. HOFBAUER, 0000 JULIE C. GRIFFITHS, 0000 SYNYA K. BALANON, 0000 MICHAEL B. HOGAN, 0000 BRENT C. * HARVEY, 0000 CLAY M. BALDWIN, 0000 ALLEN D. HOLDER, 0000 KENNETH L. * HOBBS, 0000 ANTHONY S. BANKES, 0000 LANCE D. HOLTRY, 0000 JOHN J. * HOPKINS III, 0000 JUSTIN T. BARRATT, 0000 BRANDON R. HORNE, 0000 MICHAEL D. * HUGHES, 0000 JOSEPH R. BEARD IV, 0000 ANDREW L. P. HOUSEMAN, 0000 BRADFORD S. * HUNT, 0000 SHERYL M. BEARD, 0000 MICHAEL A. HOVEY, 0000 JENNIFER C. * HYZER, 0000 JASON S. BELL, 0000 ALLYSON S. HOWE, 0000 NATHAN W. * KEARNS, 0000 THOMAS W. BENDER III, 0000 TODD M. HRABAK, 0000 GEORGE J. * KONOVAL, 0000 ALEC BENINGFIELD, 0000 PATRICK U. HSIEH, 0000 CHRISTINE A. * LAMONT, 0000 NICHOLAS H. BIRD, 0000 SOLON G. HUGHES, 0000 DANIEL D. * LEE, 0000 BRIAN J. BIXLER, 0000 CHRISTINA M. HUMBERD, 0000 REBECCA MINA * LEE, 0000 BRANDON R. BLACK, 0000 DUSTIN G. HUNTZINGER, 0000 PAUL M. * MARAIAN, 0000 WESS J. BLACKWELL, 0000 BANG H. HUYNH, 0000 JAMES J. MARSH, 0000 BRYSON D. BORG, 0000 KELLY P. HYDE, 0000 TERRENCE J. * MCCOLLOM, 0000 ALEX P. BORMANN, 0000 WALTER N. INGRAM, 0000 JEFFREY A. * MIDDLETON, 0000 PAUL L. BRAITHWAITE, JR., 0000 RAJIV C. IYER, 0000 JULIO A. * OCAMPO, 0000 PATRICK S. BRANNAN, 0000 SHAHZAD KERMANI JAHROMI, 0000 JOHN N. * PAGE III, 0000 MATTHEW A. BRIDGES, 0000 SCOTT A. JANUS, 0000 JEFFREY G. * PALOMINO, 0000 WILLIAM A. BRIGHT, 0000 ARUN G. JAYAKUMAR, 0000 TODD W. * PENNINGTON, 0000 JYOJI T. BRISTOL, 0000 KIRK E. JENSEN, 0000 PATRICK J. * PFALTZGRAFF, 0000 LISA D. BROSTROM, 0000 ROBERT A. JESINGER, 0000 JULIE L. * PITVOREC, 0000 JOHN S. BRUUN, 0000 AMY BENTLEY JOHNSON, 0000 JULIE L. * RUTHERFORD, 0000 FRANCIS P. BUCKLEY III, 0000 MICHEAL B. JOHNSON, 0000 MICHAEL W. * SAFKO, 0000 ANN M. BUELL, 0000 STACIE L. JOHNSON, 0000 CHRISTOPHER TAYLOR * SMITH, 0000 PHIET T. BUI, 0000 THOMAS L. JOHNSON II, 0000 ROMY D. * SMITH, 0000 JAMES M. BYRNE, 0000 TODD M. JOHNSON, 0000 SKY W. * SMITH, 0000 MONIQUE J. CARROLL, 0000 ANTHONY S. JORDAN, 0000 RONALD L. * SPENCER, JR., 0000 HEATHER R. CASSELL, 0000 KAUSTUBH G. JOSHI, 0000 STERLING R. * THOMAS, 0000 ROSALIE A. CASTILLO, 0000 KATHLEEN M. JOYCE, 0000 MARVIN WARREN * TUBBS II, 0000 RENEE LI CEVEY, 0000 HOLLIS M. JULSON, 0000 DAVID E. * VERCELLONE, 0000 JANE W. CHAN, 0000 AMANDA L. KAMPERT, 0000 STACEY J. * VETTER, 0000 STEPHEN R. CHEN, 0000 PHYLLIS J. KAPELLEN, 0000 JUDITH A. * WALKER, 0000 KEVIN CHOU, 0000 MARK A. KARCUTSKIE, 0000 MARK S. * WATT, 0000 COLLEEN M. CHRISTENSEN, 0000 MATTHEW C. KATUS, 0000 MITZI O. * WEEMS, 0000 DANIEL C. CHURCH, 0000 THOMAS C. KELLEY, 0000 ERIN BREE * WIRTANEN, 0000 EMILY C. CHURCH, 0000 CHRISTOPHER R. KIELING, 0000 GALEN H. CHURCH, 0000 ALEXANDER P. S. KIM, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRIS L. CLEVELAND, 0000 KRISTOPHER D. KNOOP, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR ALLISON A. COGAR, 0000 MARIA R. J. KOSTUR, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED MICHELLE R. COLEN, 0000 STEVEN A. KOZIOL, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS JOSEPH K. COLL, 0000 GERALD G. LACHANCE, 0000 624 AND 531: ROBERTO J. COLON, 0000 DYJERLYNN C. LAMPLEY, 0000 To be major JOHNATHAN C. CONNER, 0000 GREGORY D. LANGAS, 0000 CHRISTOPHER A. COOP, 0000 STEVEN P. LARSON, 0000 ARLENE D. * ADAMS, 0000 TIMOTHY K. CRAGUN, 0000 KERRY P. LATHAM, 0000 JEFFREY K. * ATKISSON, 0000 JAMES A. CRIDER, 0000 COLLEEN S. LAUGHLIN, 0000 RENE G. * BOISSIERE, 0000 MICHAEL R. CRONE, 0000 ERNEST H. LAWHORN, 0000 JASON E. * BUCKNER, 0000 ELVIN J. CRUZZENO, 0000 DOUGLAS A. LEACH, 0000 FRANK M. * CAPOCCIA, JR., 0000 DEAN J. CUTILLAR, 0000 ALARIC C. LEBARON, 0000 BOBBY L. * CHRISTOPHER, 0000 KAREN I. DACEY, 0000 DANETTE SUMLIE LEBARON, 0000 JAMES E. * COMBS, 0000 WILLIAM J. DAHMS, JR., 0000 CHRISTOPHER S. LEE, 0000 JOHN M. * CROWE, 0000 LYNNELL M. DANIEL, 0000 DOUGLAS V. LEMONS, 0000 SARAH E. * CUCITI, 0000 LAURIE C. DAVIGNON, 0000 KARYN C. LEWIS, 0000 LEE M. * ERICKSON, 0000 RICHARD T. DAVIS, 0000 PAUL E. LEWIS III, 0000 MARSHALL A. ERICKSON, 0000 RONALD S. DAY, 0000 JEFFREY M. LODERMEIER, 0000 ROBERT A. * FAILE III, 0000 JAMES S. DEAN, 0000 ERIN J. LONGLEY, 0000 WILLIAM J. * FECKE, 0000 ALPA S. DESAI, 0000 MONICA M. LOVASZ, 0000 CHRISTOPHER P. FILER, 0000 PAUL BARTOLOMEO DIDOMENICO, 0000 BRIT M. LOVVORN, 0000 RICHARD A. * FRENCH, 0000 SHANE D. DIECKMAN, 0000 RONNIE M. LU, 0000 MICKEY T. * GOODRIDGE, 0000 JEFFREY J. DIETRICH, 0000 MICHAEL W. LUOMA, 0000 LAILLAH M. * GUICE, 0000 ANDREW B. DILL, 0000 JUSTIN Q. LY, 0000 TROY A. * HADDOW, 0000 LORI R. DISEATI, 0000 ANDREW B. MACKERSIE, 0000 MICHAEL D. * HALL, 0000 GLENN DONNELLY, 0000 DEBORAH L. MACKERSIE, 0000 JOHN P. * HANNIGAN, 0000 YASHIKA T. DOOLEY, 0000 ANDREW I. MACKINNON, 0000 MATTHEW G. * HARTMANN, 0000 MICHAEL E. DOWLER, 0000 DANIEL S. MADSEN, 0000 STEVEN R. * HOWELL, 0000 CHRISTOPHER D. DREW, 0000 DAVID B. MARTIN, 0000 CURTIS B. HUDSON, 0000 CLARENCE M. DUNAGAN IV, 0000 COREY P. MASSEY, 0000 PAGERINE L. * JACKSON, 0000 ROBERT D. EDWARDS, 0000 TERENCE R. MCALLISTER, 0000 FREDDIE E. * JENKINS, 0000 DANIELLE A. EIGNER, 0000 THOMAS M. MCANDREW, 0000 ANDREW M. * KACZMAREK, 0000 JAMISON W. ELDER, 0000 MICHAEL J. MCBETH, 0000 CRAIG A. * KEYES, 0000 DANIEL J. ELDREDGE, 0000 CATHY L. MCELVEEN, 0000 MARK R. * LAMEY, 0000 PATRICK M. ELLISON, 0000 KIMBERLY R. MCILNAY, 0000 ZOYA L. * LEEZERKEL, 0000 ROBERT L. ELWOOD, 0000 DONALD J. MCKEEL, 0000 WILLIAM P. MALLOY, 0000 BRIAN A. ERICKSON, 0000 OLIVER L. MCPHERSON, 0000 JOHN F. XI * MCDONALD, 0000 ISAAC J. FAIBISOFF, 0000 PAMELA J. MCSHANE, 0000 JAMES M. * MCLAIN, 0000 BRIAN M. FAUX, 0000 JETT J. MERCER, 0000 ELIZABETH P. * MILLER, 0000 SUSAN P. FEDERINKO, 0000 PETER G. MICHAELSON, 0000 TODD L. * OSGOOD, 0000 BRIDGET K. FIECHTNER, 0000 JASON C. MILLER, 0000 JOHANNA M. * PAYNE, 0000 LISA B. FIRESTONE, 0000 LISA A. MILLS, 0000 EILEEN J. PERRY, 0000 COREY D. FOGLEMAN, 0000 KENNETH D. MINKS, 0000 MICHAEL J. * ROBERTS, 0000 GARY A. FOSKEY, JR., 0000 DARIUS F. MITCHELL III, 0000 GIGI A. SIMKO, 0000 MONCARME ALPHONSE FOUCHE, 0000 KRISTINA D. MONEY, 0000 JAMES S. * SMITH, 0000 CHRISTOPHER J. B. FRANDRUP, 0000 MICHELLE M. MOON, 0000 VERNON * SWINTON, 0000 MARY PAT FRIEDLANDER, 0000 ALI D. MORRELLBALANON, 0000 CARMIA A. * SYKES, 0000 PAUL W. FRUTOS, 0000 LEROY MORRISSETTE, 0000 WAH WAI * SZE, 0000 JAMES S. GAGEN, 0000 JENNIFER MUHLY, 0000 KARI A. * TURKALBARRETT, 0000 KATHRYN D. GAINES, 0000 JASON L. MUSSER, 0000 CHARLES J. * TWEDT, 0000 SAMUEL M. GALVAGNO, 0000 CHRISTOPHER J. NAGY, 0000 JANET K. * URBANSKI, 0000 RICHARD J. GERBER, 0000 SCOTT E. NEUMANN, 0000 JEFFREY ROBERT * VANSLYKE, 0000 RUTH A. GERMAN, 0000 PAMELA PHUONG K. NGUYEN, 0000 WILFRED A. * VARNO, 0000 JON S. GILBERT, 0000 BRETT JASON NILE, 0000 ANDREA C. VINYARD, 0000 GILSON R. GIROTTO, 0000 STEVEN J. NORDEEN, 0000 MICHAEL A. * WHITAKER, 0000 JEANNETTE E. GONZALEZ, 0000 TIMOTHY J. NORTON, 0000 TERRY W. * WILLIAMSON, 0000 MICHAEL G. GONZALEZ, 0000 SUE ANN NOVAK, 0000 ROGER L. * WILLIS, JR., 0000 MICHAEL C. GOODHOPE, 0000 MARK A. OATMAN, 0000

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DAVID J. OBERSTE, 0000 SHERALYN D. WOOD, 0000 SAMUEL L. HAYES, 0000 SEAN P. OBRIEN, 0000 ROBERT B. WOOLLEY, 0000 MARK W. HENDERSON, 0000 WILLIAM T. OBRIEN, 0000 MICHELLE M. WUESTE, 0000 JOE W. HOWARD, 0000 JACOB B. OLDHAM, 0000 ROBBY W. WYATT, 0000 DWIGHT L. JOHNSON, 0000 ROBERT P. OLSON, 0000 XIAOHUI XIONG, 0000 DAVID M. JONES, 0000 MARIBEL B. ORANTEMAGILOG, 0000 ASSY YACOUB, 0000 EUNKOO KIM, 0000 DAVID J. ORRINGER, 0000 ERIC S. YAO, 0000 JONATHAN D. KING, 0000 VICTOR L. ORTIZORTIZ, 0000 JASON A. YELK, 0000 DAVID E. KLINGMAN, 0000 KYLE T. OSBORN, 0000 MICHAEL W. YERKEY, 0000 ELIZABETH N. KUTNER, 0000 GREG M. OSGOOD, 0000 EDWARD K. YI, 0000 ROY E. LEE, 0000 HEATHER K. OTOOLE, 0000 JEREMIE J. YOUNG, 0000 JERRY L. LEONARD, 0000 KATHERINE E. PAGANO, 0000 ANTHONY I. ZARKA, 0000 WEN LIEN, 0000 NICOLE A. PALEKAR, 0000 AN ZHU, 0000 TRENT W. LISTELLO, 0000 JENNIFER L. PALTZER, 0000 KATHERINE R. MORGANTI, 0000 LOUIS J. PAPA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMIE J. MORRIS, 0000 AMY L. PARKER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR KYLE E. PELKEY, 0000 RAYMOND A. PENSY, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED BRIAN W. PENTON, 0000 HEATHER A. PETERSON, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS TERESA E. REEVES, 0000 YOLANTA V. PETROFSKY, 0000 624 AND 531: SONG B. RHIM, 0000 PATRICK T. PETTENGILL, 0000 To be colonel CLAYTON L. RICKS, 0000 NGHIA T. PHAN, 0000 STEVEN F. ROBERTSON, JR., 0000 KULLADA O. PICHAKRON, 0000 JOSEPH B. ANDERSON, 0000 JOZEF SOLTIS, 0000 TARA N. PIECH, 0000 BRANTLY W. BAYNES, 0000 ROBERT E. STOVER, 0000 NATHAN E. PIOVESAN, 0000 WILLIAM * BENINATI, 0000 CHARLES H. STUART, 0000 CATHERINE R. S. PLATT, 0000 EUGENE V. BONVENTRE, 0000 JOHN A. THOMAS, 0000 DANIEL J. PODBERESKY, 0000 SIDNEY B. BREVARD, 0000 JUSTINE R. TOMPKINS, 0000 MICHELLE L. POHLAND, 0000 RUDOLPH CACHUELA, 0000 JOHN R. VANCE, 0000 HENRY L. POLK, 0000 MATTHEW T. CARPENTER, 0000 GISELLA Y. VELEZ, 0000 JAMES R. POLLOCK, 0000 TIMOTHY D. CASSIDY, 0000 SON X. VU, 0000 BRENT A. PONCE, 0000 JOSEPH P. CHOZINSKI, 0000 ETHAN J. YOZA, 0000 ROBERT R. PORCHIA, 0000 JOHN R. CHU, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEPHANIE A. PORTER, 0000 PAULA A. CORRIGAN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR ERIC G. POTWARDOWSKI, 0000 HAROLD D. DILLON III, 0000 FORCE AND FOR REGULAR APPOINTMENT UNDER TITLE CHARLA M. QUAYLE, 0000 THOMAS A. ERCHINGER, 0000 10, U.S.C., SECTIONS 624 AND 531: HAR P. RAI, 0000 JAMES A. FIKE, 0000 ALEXIES RAMIREZ, 0000 JOHN R. FISCHER, 0000 To be lieutenant colonel CHRISTOPHER B. RANNEY, 0000 JEFFERSON H. HARMAN, JR., 0000 JEFFREY MICHAEL RENGEL, 0000 BRIAN P. HAYES, 0000 JANICE M. * ALLISON, 0000 CHRISTOPHER O. RESTAD, 0000 PAUL A. * HEMMER, 0000 CRAIG L. * FOLSOM, 0000 JOHN F. RIANS, 0000 STEVEN M. HETRICK, 0000 VILLA L. * GUILLORY, 0000 DAVID H. RICE, 0000 LEWIS A. HOFMANN, 0000 JOHN W. * KERSEY, JR., 0000 MICHAEL D. RICE, 0000 LESTER A. HUFF, 0000 SCOTT C. * MALTHANER, 0000 KEYAN D. RILEY, 0000 DONALD H. JENKINS, 0000 ROBERT A. * NIDEA, 0000 ERIC M. RITTER, 0000 GREGORY W. JOHNSON, 0000 ENDER S. * OZGUL, 0000 TRENT L. * PAYNE, 0000 PATRICK M. ROHAL, 0000 STEVEN T. LAMB, 0000 THADDEUS H. * PHILLIPS III, 0000 REX T. RUSSELL, 0000 KERRY K. * LARSON, 0000 LAWRENCE E. * ROTH, 0000 TRACY L. RUSSELL, 0000 LINDA L. LAWRENCE, 0000 DONALD * SHEETS, JR., 0000 COURTNEY K. RYAN, 0000 NICHOLAS G. LEZAMA, 0000 CHARLES A. * STOCK, 0000 JOSHUA J. SACHA, 0000 MARK E. MAVITY, 0000 BRADLEY M. * TURNER, 0000 FRANK M. SAMARIN, 0000 KENNETH N. * OLIVIER, 0000 DONALD * TYLER, JR., 0000 ROBERT SARLAY, JR., 0000 KERRY B. PATTERSON, 0000 MATTHEW A. * WELCH, 0000 SIRIKANYA SASTRI, 0000 RONALD D. POOLE, 0000 DANNY K. * WONG, 0000 CHRIS A. SCHEINER, 0000 WAYNE M. PRITT, 0000 HERBERT P. SCHERL, 0000 JAMES M. QUINN, 0000 IN THE ARMY DOUGLAS G. SCOTT II, 0000 JOEL L. RAUTIOLA, 0000 RICHARD J. SERKOWSKI, 0000 MARK W. * RICHARDSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CECILI K. SESSIONS, 0000 RAYMOND A. * SCHWAB III, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRIAN A. SHANER, 0000 DANIEL B. SMITH, 0000 JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: FAREED A. SHEIKH, 0000 MICHAEL R. SNEDECOR, 0000 JEHANZEB A. SHEIKH, 0000 DAVID G. SORGE, 0000 To be lieutenant colonel LUCAS M. SHELDON, 0000 TAMA R. VANDECAR, 0000 MIKE S. SHIN, 0000 LANE L. * WALL, 0000 JAN E. ALDYKIEWICZ, 0000 DARREN L. SHIRLEY, 0000 SCOTT A. WEGNER, 0000 TANIA M. ANTONE, 0000 TAD M. SHIRLEY, 0000 MARK E. WERNER, 0000 EUGENE E. BAIME, 0000 LUKE B. SIMONET, 0000 JOE B. WISEMAN, 0000 PAUL N. BRANDAU, 0000 KSHAMATA SKEETE, 0000 KONDI WONG, 0000 MARK A. BRIDGES, 0000 WILLIAM K. SKINNER, 0000 KIRSTEN V. BRUNSON, 0000 JOSEPH C. SKY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LARRY C. BURNER II, 0000 MARK A. SLABAUGH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR LORIANNE M. CAMPANELLA, 0000 NICOLE A. SMAIL, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED JOHN B. CLARKSON, 0000 JOZEF L. SMIT, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS IAN G. COREY, 0000 MICHAEL J. SMITH, 0000 624 AND 531: DAVID T. CRAWFORD, 0000 TODD W. SMITH, 0000 To be colonel BRENDAN M. DONAHOE, 0000 JEFFREY A. SODERGREN, 0000 CHRISTINA E. EKMAN, 0000 JASON A. STAMM, 0000 JEFFERY F. BAKER, 0000 MARY M. FOREMAN, 0000 THOMAS W. STAMP, 0000 STEVEN L. BARTEL, 0000 ANDREW J. GLASS, 0000 ADAM M. STARR, 0000 RICHARD M. BEDINGHAUS, 0000 ELIZABETH A. GOSSART, 0000 ELIZABETH STERNBERG PEREZ, 0000 PAUL E. BROWN, 0000 CARISSA D. GREGG, 0000 MICHELLE STRAKA, 0000 DAVID B. CHIESA, 0000 MARK W. HOLZER, 0000 DARYN R. STRALEY, 0000 KENNETH A. CONNER, 0000 JOHN A. HUGHEY, 0000 RAYMOND A. JACKSON, 0000 AMY D. STRASSBURG, 0000 RICKY D. COOK, 0000 PHILIP W. JUSSEL, 0000 ADRIAN K. STULL, 0000 DANIEL C. HAMAN, 0000 ERIC S. KRAUSS, 0000 CATHLEEN C. SUTO, 0000 CONSTANCE A. HUFF, 0000 JAMES M. LANGHAM, 0000 JEANINE Y. SWAN, 0000 JEFFREY P. JESSUP, 0000 EDWARD K. LAWSON IV, 0000 KEITH A. SWARTZ, 0000 MICHAEL J. KUCSERA, 0000 JAMES A. LEWIS, 0000 EVAN C. SWAYZE, 0000 RUSSELL M. LINMAN, 0000 PATRICIA H. LEWIS, 0000 DEBIE S. TANUS, 0000 CURTIS M. MARSH, 0000 FRANK A. MARCH, 0000 CHAD I. TARTER, 0000 BRENT S. MCCLENNY, 0000 WILLIAM R. MARTIN, 0000 HAMID R. TAVAKOLI, 0000 JOHN P. MCPHILLIPS, 0000 SHANNON M. MORNINGSTAR, 0000 CHRISTINE E. THOLEN, 0000 KARL L. MEYER, 0000 KEITH E. PULS, 0000 ADRIANNE THOMPSON, 0000 SUSAN W. MONGEAU, 0000 SCOTT E. REID, 0000 RICHARD D. THRASHER III, 0000 PAUL J. NAWIESNIAK, 0000 ROBERT F. RESNICK, 0000 CHARLES S. TIMNAK, 0000 KYLE C. NUNLEY, 0000 CARRIE F. RICCISMITH, 0000 RODNEY E. TODD, 0000 JAMES E. * SCHREINER, 0000 MICHAEL P. RYAN, 0000 THOMAS J. TOFFOLI, 0000 MARK A. SLABBEKOORN, 0000 SAMUEL A. SCHUBERT, 0000 JOSEPH A. TRACHIER, 0000 DAVID L. WELLS, 0000 ALEXANDER C. TSANG, 0000 SCOTT D. SCHULER, 0000 PETER G. TUCKER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GEORGE R. SMAWLEY, 0000 DMITRY TUDER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR EVAN M. STONE, 0000 BRYAN J. UNSELL, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: MARK H. SYDENHAM, 0000 WALTER L. TRIERWEILER, 0000 ANTONIO VAZQUEZ, 0000 To be major JOHN P. VICKERYANTONIO, 0000 BRADLEY J. UPTON, 0000 JONATHAN L. VINSON, 0000 COREY R. ANDERSON, 0000 CHRISTOPHER B. VALENTINO, 0000 MEGUMI M. VOGT, 0000 UZMA S. ANSARI, 0000 BRADLEY E. VANDERAU, 0000 PENNY J. VROMAN, 0000 GWENNA N. BATES, 0000 DAVID D. VELLONEY, 0000 CHAD E. WAGONER, 0000 JOANN BOA, 0000 JEFFREY T. WALKER, 0000 DAVID J. WALICK, 0000 RICHARD A. BUCK, 0000 LOUIS P. YOB, 0000 DERRICK K. WALKER, 0000 MAURICIO C. CAROTA, 0000 ROBERT A. YOH, 0000 CHRISTOPHER L. WATHIER, 0000 MICHAEL J. CHUNG, 0000 IN THE MARINE CORPS ERIK K. WEITZEL, 0000 BRYAN S. DEBOWSKY, 0000 MICHAEL J. WELSH, 0000 SCOTT L. DOYLE, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR JEFFREY B. WHITING, 0000 JAMES B. DUNCAN, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE DARREN E. WHITTEMORE, 0000 HUYEN CHAU DUNN, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., VANESSA K. WILLIAMS, 0000 CORBET K. ELLISON, 0000 SECTION 624: ANDREW L. WINGE, 0000 BRENDAN T. FARRELL, 0000 To be lieutenant colonel CHAD A. WINTERS, 0000 ROBERT C. GAY, 0000 GRAND F. WONG, 0000 SAMANTHA R. HAAS, 0000 JORGE E. CRISTOBAL, 0000

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 9801 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1148 CONGRESSIONAL RECORD — SENATE February 8, 2005 DONALD Q. FINCHAM, 0000 To be major To be major THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR JACOB D. LEIGHTY III, 0000 JAMES P. MILLER, JR., 0000 APPOINTMENT TO THE GRADE INDICATED IN THE JOHN G. OLIVER, 0000 MARC TARTER, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR To be lieutenant colonel APPOINTMENT TO THE GRADE INDICATED IN THE APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., RONALD C. CONSTANCE, 0000 SECTION 624: SECTION 624: JOEL F. JONES, 0000 To be major To be major THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE STEVEN M. DOTSON, 0000 DAVID G. BOONE, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., KURT J. HASTINGS, 0000 SECTION 624: MARIA L. MARTINEZ, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR CALVIN W. SMITH, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE To be lieutenant colonel UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR SECTION 624: DANIEL J. PETERLICK, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR To be major SECTION 624: APPOINTMENT TO THE GRADE INDICATED IN THE MICHAEL A. LUJAN, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., To be major SECTION 624: THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR To be lieutenant colonel WILLIAM H. BARLOW, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE GUY E. COOLEY, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., FREDERICK D. HYDEN, 0000 CHARLES A. GRAYBEAL, 0000 SECTION 624: RODNEY E. JORDAN, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR BYRON KING, 0000 To be major APPOINTMENT TO THE GRADE INDICATED IN THE PETER W. MCDANIEL, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., RONALD D. MCFAUL, 0000 MICHAEL A. MINK, 0000 SECTION 624: DANNY R. MORALES, 0000 LOUANN RICKLEY, 0000 To be lieutenant colonel THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MA- KATHY L. VELEZ, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICER FOR TEMPORARY SECTION 624: 12203: APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., To be major To be colonel SECTIONS 5596 AND 6222: ANDREW E. GEPP, 0000 MICHAEL S. DRIGGERS, 0000 To be major WILLIAM B. SMITH, 0000 DANIEL M. NEWELL, 0000 ERIC F. PETERSON, 0000 JOHN R. BARCLAY, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR PAUL E. PRATT, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE ROBERT R. SOMMERS, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., APPOINTMENT TO THE GRADE INDICATED IN THE SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., TO THE GRADE INDICATED IN THE RESERVE OF THE AIR SECTION 624: To be major FORCE UNDER TITLE 10, U.S.C., SECTION 12203: To be major WILLIAM A. BURWELL, 0000 To be colonel MATTHEW J. CAFFREY, 0000 CRANE P. DAUKSYS, 0000 EDWARD M. MUDD, 0000 LAFE B. ELLIOTT, 0000 ELOISE M. FULLER, 0000 KENNETH N. STEINKE, 0000 BARRY ONEAL, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR WILLIAM R. TIFFANY, 0000 WILLIAM J. WADLEY, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., APPOINTMENT TO THE GRADE INDICATED IN THE APPOINTMENT TO THE GRADE INDICATED IN THE SECTION 624: UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: SECTION 624: To be lieutenant colonel To be major To be major JOHN T. CURRAN, 0000 THOMAS J. JOHNSON, 0000 JEFF R. BAILEY, 0000 KENRICK G. FOWLER, 0000 TIMOTHY M. COOLEY, 0000 KEVIN T. GRAESSLE, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR JOHN D. ESTEP, 0000 LAYNE T. PAGE, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE DEAN R. KECK, 0000 LOWELL W. SCHWEICKART, JR., 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JULIO R. PIRIR, 0000 STEVEN E. SPROUT, 0000 SECTION 624: THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR To be lieutenant colonel APPOINTMENT TO THE GRADE INDICATED IN THE APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., DANNY A. HURD, 0000 SECTION 624: SECTION 624: GEORGE C. MCLAIN, 0000

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 9801 E:\2005SENATE\S08FE5.REC S08FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E167 EXTENSIONS OF REMARKS

ANNOUNCEMENT OF THE 2005 CON- Participants are selected by a committee foreign ministers and other distinguished GRESS-BUNDESTAG/BUNDESRAT composed of personnel from the Bureau of statesmen from many of the member states of EXCHANGE Educational and Cultural Affairs of the Depart- the United Nations, as well as survivors of the ment of State and past participants of the ex- Holocaust and liberators of the camps from HON. J. DENNIS HASTERT change. the Allied military forces who defeated the OF ILLINOIS Senators and Representatives who would Nazi regime. Mr. Speaker, I welcome the General Assem- IN THE HOUSE OF REPRESENTATIVES like a member of their staff to apply for participation in this year’s program should direct bly’s most appropriate commemoration, and I Tuesday, February 8, 2005 them to submit a re´sume´ and cover letter in want to acknowledge and commend Secretary Mr. HASTERT. Mr. Speaker, since 1983, which they state their qualifications, the con- General Kofi Annan for the key role that he the U.S. Congress and the German Bundes- tributions they can make to a successful pro- played in the convening of this meeting, He tag and Bundesrat have conducted an annual gram and some assurances of their ability to personally fought to hold this meeting, and I exchange program for staff members from participate during the time stated. am certain that without his leadership it would both countries. The program gives profes- Applications may be sent to the Office of not have taken place. sional staff the opportunity to observe and Interparliamentary Affairs, HB–28, the Capitol, The Secretary General has a special family learn about each other’s political institutions by 5 p.m. on Wednesday, March 16. link to the Holocaust that my wife Annette and I share. Kofi Annan’s wife Nan is the niece of and interact on issues of mutual interest. f A staff delegation from the U.S. Congress Raoul Wallenberg, Swedish diplomat and hu- will be selected to visit Germany from May 22 A PROCLAMATION RECOGNIZING manitarian who came to Budapest, Hungary, to June 4 of this year. During this two-week SENATOR JOHN CAREY in the summer of 1944 at the request of the exchange, the delegation will attend meetings United States to save the lives of Jews who with Bundestag/Bundesrat Members, Bundes- HON. ROBERT W. NEY were being sent to Auschwitz to be sent to the tag and Bundesrat party staff members, and gas chambers. Wallenberg saved the lives of OF OHIO tens of thousands of Hungarian Jews, and representatives of numerous political, busi- IN THE HOUSE OF REPRESENTATIVES ness, academic, and media agencies. Partici- among those are my wife Annette and me. One comment by the Secretary General is pants also will be hosted by a Bundestag Tuesday, February 8, 2005 particularly significant and meaningful for all of Member during a district visit. Mr. NEY. Mr. Speaker: us, Mr. Speaker. Kofi Annan told the General A comparable delegation of German staff Whereas, Ohio State Senator John Carey is Assembly, ‘‘The United Nations must never members will visit the United States for two an exceptional individual worthy of merit and forget that it was created as a response to the weeks in July. They will attend similar meet- recognition; and evil of Nazism, or that the horror of the Holo- Whereas, Senator Carey has been ap- ings here in Washington and visit the districts caust helped to shape its mission.’’ of Members of Congress. The U.S. delegation pointed to Chairman of the Senate Finance Mr. Speaker, I ask that the outstanding ad- is expected to facilitate these meetings. Committee by Senator Bill Harris; and dress of the Secretary General be placed in The Congress-Bundestag/Bundesrat Ex- Whereas, Senator Carey should be com- the Congressional Record. As the Secretary change is highly regarded in Germany and the mended for his excellence, professionalism, General said so well, we must keep in mind United States, and is one of several exchange integrity, and for his ongoing efforts to work for that the United Nations was founded to fight programs sponsored by public and private in- the constituents of the 17th District in Ohio. the atrocities and evils that were brought stitutions in the United States and Germany to Therefore, I join with the residents of the en- about by the Nazi German regime. It is incum- foster better understanding of the politics and tire 18th Congressional District of Ohio in hon- bent upon us to continue the fight against bru- policies of both countries. This exchange is oring and congratulating Senator John Carey tality, abuse of human rights and the violations funded by the U.S. Department of State’s Bu- for his appointment to the Finance Committee. of dignity and humanity that marked the Holo- reau of Educational and Cultural Affairs. f caust, but that tragically continue to be with The U.S. delegation should consist of expe- us. rienced and accomplished Hill staff who can ADDRESS OF SECRETARY GEN- I urge my colleagues to read and ponder contribute to the success of the exchange on ERAL KOFI ANNAN AT THE SPE- Secretary General Annan’s serious and both sides of the Atlantic. The Bundestag re- CIAL SESSION OF THE UNITED thoughtful remarks. NATIONS GENERAL ASSEMBLY ciprocates by sending senior staff profes- ADDRESS OF UNITED NATIONS SECRETARY- sionals to the United States. COMMEMORATING THE 60TH AN- GENERAL KOFI ANNAN Applicants should have a demonstrable in- NIVERSARY OF THE LIBERATION The date for this session was chosen to terest in events in Europe. Applicants need OF NAZI DEATH CAMPS mark the sixtieth anniversary of the libera- not be working in the field of foreign affairs, al- tion of Auschwitz. But, as you know, there though such a background can be helpful. The HON. TOM LANTOS were many other camps, which fell one by composite U.S. delegation should exhibit a one to the allied forces in the winter and OF CALIFORNIA spring of 1945. range of expertise in issues of mutual concern IN THE HOUSE OF REPRESENTATIVES Only gradually did the world come to know to the United States and Germany such as, Tuesday, February 8, 2005 the full dimensions of the evil that those but not limited to, trade, security, the environ- camps contained. The discovery was fresh in ment, economic development, health care, Mr. LANTOS. Mr. Speaker, on January 24 the minds of the delegates at San Francisco, and other social policy issues. This year’s del- of this year, the United Nations General As- when this Organization was founded. The egation should be familiar with transatlantic re- sembly commemorated the 60th anniversary United Nations must never forget that it was lations within the context of recent world of the liberation of Nazi death camps. January created as a response to the evil of Nazism, or that the horror of the Holocaust helped to events. 27, 1945, was the date on which Russian shape its mission. That response is enshrined In addition, U.S. participants are expected to troops liberated Auschwitz, the most notorious in our Charter, and in the Universal Declara- help plan and implement the program for the of the death camps, and the symbol of the tion of Human Rights. Bundestag/Bundesrat staff members when Holocaust, in which over 6 million Jews and The camps, Mr. President, were not mere they visit the United States. Participants are hundreds of thousands of other nationalities ‘‘concentration camps’’. Let us not use the expected to assist in planning topical meetings were brutally murdered during World War II. euphemism of those who built them. Their purpose was not to ‘‘concentrate’’ a group in in Washington, and are encouraged to host The United Nations commemoration, which one place, so as to keep an eye on them. It one or two staffers in their Member’s district in was held three days before the anniversary, was to exterminate an entire people. July, or to arrange for such a visit to another began with a moment of silence for the vic- There were other victims, too. The Roma, Member’s district. tims. Those speaking included a number of or Gypsies, were treated with the same utter

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

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A08FE8.068 E08PT1 E168 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 2005 disregard for their humanity as the Jews. tarian law and human rights which undoubt- DeJoy and the millions like her in these United Nearly a quarter of the one million Roma edly have occurred. Stated look to us as leaders—leaders who living in Europe were killed. The Security Council, once it has that re- must strive hard to inspire young people and Poles and other Slavs, Soviet prisoners of port in its hands, will have to decide what war, and mentally or physically handicapped action to take, with a view to ensuring that involve them in government. people were likewise massacred in cold the perpetrators are held accountable. It is a A DAY NEVER TO BE FORGOTTEN blood. Groups as disparate as Jehovah’s Wit- very solemn responsibility. I had the opportunity to travel to Wash- nesses and homosexuals, as well as political Today is a day to honour the victims of the ington, D.C., Tuesday, Jan. 4, to represent opponents and many writers and artists, Holocaust—to whom, alas, no reparation can Chautauqua County for the swearing-in of were treated with appalling brutality. ever be made, at least in this world. newly elected Congressman Brian Higgins. It To all these we owe respect, which we can It is a day to honour our founders—the al- was an experience that I will never forget, show by making special efforts to protect all lied nations whose troops fought and died to and it has given me a new perspective on communities that are similarly threatened defeat Nazism. Those troops are represented how lucky we are to be Americans. and vulnerable, now and in the future. here today by veteran liberators of the My Dad, Vince DeJoy, is the chairman of But the tragedy of the Jewish people was camps, including my dear friend and col- the Jamestown Democratic committee, and unique. Two thirds of all Europe’s Jews, in- league, Sir Brian Urquhart. he felt that this would be an educational excluding one and a half million children, were It is a day to honour the brave people who perience. I was so excited to see our nations murdered. An entire civilization, which had risked, and sometimes sacrificed, their own capital for the first time in person and not contributed far beyond its numbers to the lives to save fellow human beings. Their ex- just seeing it on television or through pic- cultural and intellectual riches of Europe amples redeem our humanity, and must in- tures in the paper. and the world, was uprooted; destroyed; laid spire our conduct. In addition to my father, Chautauqua waste. It is a day to honour the survivors, who he- County Election Commissioner Norm Green, In a moment, you will have the honour of roically thwarted the designs of their oppres- Assistant Majority Leader of the Chau- hearing from one of the survivors, my dear sors, bringing to the world and to the Jewish tauqua County Legislature Ron Szot of Dun- friend Elie Wiesel. As Elie has written, ‘‘not people a message of hope. As time passes, kirk and Janet Jankowski George made the all victims were Jews, but all Jews were vic- their numbers dwindle. It falls to us, the suc- trip to Washington. I had never met any of tims’’. It is fitting, therefore, that the first cessor generations, to lift high the torch of these people, but after a day of traveling by State to speak today will be the State of remembrance, and to live our own lives by planes, trains and buses, I felt as if I have Israel—which rose, like the United Nations its light. known them all of my life. We had a great itself, from the ashes of the Holocaust. It is, above all, a day to remember not only day together. The Holocaust came as the climax of a the victims of past horrors, whom the world We left Buffalo early Tuesday morning by long, disgraceful history of anti-Semitic per- abandoned, but also the potential victims of plane at around 8:30. It was an overcast, gray secution, pogroms, institutionalized dis- present and future ones. A day to look them day in Western New York, but once our plane crimination and other degradation. The pur- in the eye, and say: ‘‘you, at least, we must climbed above the clouds, the sky was that veyors of hatred were not always, and may not fail’’. pretty color blue that we long to see in Jan- uary. The second leg of the journey would in- not be in the future, only marginalized ex- f tremists. volve an Amtrak train from BWI Airport to How could such evil happen in a cultured COMMENDING DANIELLE M. DEJOY Union Station in Washington, D.C. This and highly sophisticated nation-State, in the FOR HER EXEMPLARY CIVIC IN- would be another first for me. The coach heart of a Europe whose artists and thinkers VOLVEMENT that we rode on was very comfortable, clean had given the world so much? Truly it has and offered a very smooth ride. We arrived at been said: ‘‘all that is needed for evil to tri- Union Station around 10:30 a.m., and the umph is that good men do nothing’’. HON. BRIAN HIGGINS first thing that caught me eye was the gran- There were good men—and women—who OF NEW YORK deur of this magnificent train station. I tried to imagine the Erie Rail Road Station in did do something: Germans like Gertrude IN THE HOUSE OF REPRESENTATIVES Luckner and Oskar Schindler; foreigners like Jamestown, and how cool that it would be if Meip Geis, Chiune Sugihara, Selahattin Tuesday, February 8, 2005 it could be restored to have the same feel ¨ Ulku¨ men, and Raoul Wallenberg. But not Mr. HIGGINS. Mr. Speaker, I want to take that Union Station offered. enough. Not nearly enough. Once outside the doors of Union Station, Such an evil must never be allowed to hap- this opportunity to enter into the record an arti- the view of the capital dome was very im- pen again. We must be on the watch out for cle published in the Post Journal of James- pressive. Of course we had to pose for pic- any revival of anti-Semitism, and ready to town, NY, on January 22, 2005 and a brief ex- tures with the capital in the background exact against the new forms of it that are hap- planation of its origin. changing cameras within our group. We then pening today. On January 4, 2005, I was blessed and made the four block walk to the Cannon Of- That obligation binds us not only to the honored by the presence of hundreds—that’s fice Building to the office of Congressman Jewish people, but to all others that have correct, hundreds—of friends, family and sup- Higgins. As soon as we walked into his new been, or may be, threatened with a similar porters who traveled to this great capital city office, we were greeted by Jonathan Weston fate. We must be vigilant against all of Panama. Jonathan found out that he was ideologies based on hatred and exclusion, of Washington, DC, to attend ceremonies as- fortunate enough to be chosen as a staff whenever and wherever they may appear. sociated with the administration of my oath of member to the Congressman on Dec. 31. He On occasions such as this, rhetoric comes Office as a member of the 109th Congress. was excited to see familiar faces from Chau- easily. We rightly say, ‘‘never again’’. But One very special attendee that day, Danielle tauqua County make the trip, and promptly action is much harder. Since the Holocaust, DeJoy, an 11th grade student at Falconer introduced us to the rest of Congressman the world has, to its shame, failed more than High School in ‘‘South County’’—the southern Higgins staff. once to prevent or halt genocide—for in- portion of Chautauqua County, was kind There were over 150 people that squeezed into Mr. Higgins’ office. There we enjoyed stance in Cambodia, in Rwanda, and in the enough to commit the events of her trip to former Yugoslavia. bagels, muffins and juice, while we watched Even today we see many horrific examples Washington to paper, and her account of that the actual ceremony on closed circuit tele- of inhumanity around the world. To decide trip was published in the Post Journal on Jan- vision. The well wishers became very quiet which deserves priority, or precisely what uary 22, 2005. A transcript of that article is in- when the Clerk of the House announced his action will be effective in protecting victims cluded herein. name to vote for the House Leader. Than a and giving them a secure future, is not sim- I enter this material to serve as an example huge cheer was heard throughout the third ple. It is easy to say that ‘‘something must to young people throughout the nation of the floor of the building with other congres- be done’’. To say exactly what, and when, importance of civic involvement in our every- sional offices down the hall. and how, and to do it, is much more difficult. We had some time to do sight-seeing before But what we must not do is deny what is day lives. Danielle’s interest and participation the next reception, so we walked next door happening, or remain indifferent, as so many in civic events undoubtedly was learned at the to the capital. Security was very tight, but did when the Nazi factories of death were family dinner table—her father Vince is an ex- the Secret Service allowed us to get close doing their ghastly work. emplary civic leader in Jamestown, serving in enough for some great pictures in front of Terrible things are happening today in many important capacities, including with the the capital. Darfur, Sudan. Tomorrow I expect to receive city’s Rotary club and as Chair of the city’s The next reception started at 1:30 p.m. at the report of the international commission Democratic Committee—her commitment to the Rayburn Building, and we decided to go there early. That was a very wise choice be- of inquiry, which I established at the request paper of the events of this day is inspirational. of the Security Council. cause as we walked down the corridors past That report will determine whether or not It reminds us all that those of us blessed to be rooms where House Committee meetings acts of genocide have occurred in Darfur. But chosen by the people as their Representatives take place, we approached the room which also, and no less important, it will identify in ‘‘the people’s house’’ must never forget would host the reception and found Senator the gross violations of international humani- from whence we came, and that Jessica Hillary Clinton just standing alone in the

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K08FE8.001 E08PT1 February 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E169 doorway. I had met Senator Clinton in 2000 George A. Neukom, Jr. is a fifth generation for his appointment to the Ways and Means at Diethrick Park while she made a cam- Floridian from Pasco County, a lifetime resi- Committee. paign stop in Jamestown. She made us feel dent of Zephyrhills, a 1959 graduate of that we were long lost friends. We even had f Stetson University and a great fifth district the time to discuss my college options. The ADDRESS OF DEPUTY SECRETARY Town Supervisor of Orchard Park, Toni constituent. I would like to recognize George for his out- OF DEFENSE PAUL WOLFOWITZ, Cudney, took our picture with the Senator, U.S. REPRESENTATIVE AT THE and then people quickly surrounded her. standing lifetime of work in Pasco County, It wasn’t until nearly 3 p.m. that Congress- Florida. As recognition for his efforts, George SPECIAL SESSION OF THE man Higgins was able to come to his recep- will be honored as the recipient of the 2nd an- UNITED NATIONS GENERAL AS- tion. While waiting, I got the opportunity to nual Lincoln Heritage Award held by the East SEMBLY COMMEMORATING THE meet a sorority sister of my mother from the Pasco Republican Club. 60TH ANNIVERSARY OF THE LIB- State University College at Geneseo, Peggy This prestigious award was established by ERATION OF NAZI DEATH CAMPS Hannon. I had never met Peggy before, but she knew that I was Bonnie’s daughter right the East Pasco Republican Club to recognize away. They lived together in the Alpha Clio an outstanding community member for his or HON. TOM LANTOS Sorority House 1981. her commitment to the principles practiced OF CALIFORNIA Senator Chuck Schumer arrived in time to and espoused by the first Republican, Abra- IN THE HOUSE OF REPRESENTATIVES introduce Congressman Higgins to the now ham Lincoln, and for humanitarian services to Tuesday, February 8, 2005 large crowd of 200 people. Intertwined with his or her community and to Pasco County. accolades for Mr. Higgins was the message Beginning in 1921 when his grandmother Mr. LANTOS. Mr. Speaker, on January 24 that my Dad really wanted me to hear and opened Neukom’s Drug Store in Zephyrhills, of this year, the United Nations General As- understand. Senator Schumer spoke of the the Neukom family has been a positive influ- sembly commemorated the 60th anniversary celebration of the peaceful transition of of the liberation of Nazi death camps. January power that just took place. We as Americans ence in the community. The store included a may take such an event for granted, but the coffee shop where the traditional game of 27, 1945, was the date on which Russian people of Iraq with elections next month ‘‘scratch’’ provided a forum for local, county, troops liberated Auschwitz, the most notorious probably don’t expect a peaceful transition State and Federal candidates of all parties to of the death camps, and the symbol of the of power. The Ukraine also came to mind discuss current topics. In later years, George Holocaust, in which over 6 million Jews and with their corrupt elections, violence and continued this practice until the store closed. hundreds of thousands of other nationalities even poisoning of a candidate. An accomplished businessman in Pasco were brutally murdered during World War II. Mr. Higgins’ speech thanked his supporters County, George is also the president and The United States was ably represented by and his family. The funniest part of the Paul Wolfowitz, our Deputy Secretary of De- speech was a story that he told of his son, chairman of the board of Neukom Properties, John. He had a talk with his son at the onset Inc., a citrus and cattle company. He also fense who addressed the General Assembly of the election, preparing him for the nega- founded the George A. Neukom, Jr. Insurance on behalf of the United States and the Amer- tive things that may be said about his Dad. Agency and serves as a consultant to both ican people. John said, ‘‘Don’t worry Dad, ‘the tax-man’ Precise Power Corporation in Bradenton, FL Mr. Speaker, I ask that the outstanding will do OK.’’ This was a reference to tele- and Neukom Groves. statement of Secretary Wolfowitz be placed in vision ads from his opponent. The room An active member of the First Baptist the Congressional Record. He addressed ‘‘the erupted in laughter. My Dad got a big hug larger meaning’’ of the Special Session noting: from Mr. Higgins after the speech, and we Church in Zephyrhills, George was appointed to the Florida Citrus Commission by former ‘‘We are here to reflect on . . . how totali- posed for a picture with my Mom’s friend tarian evil claimed millions of precious lives. from college, that grew up with Brian Hig- Governor Bob Martinez and served from 1989 gins in South Buffalo. to 1992. He is a member of Zephyr Lodge 198 But just as important, the member nations at- After the reception, our group walked the F & AM, Scottish Rite—Shrine and Rotary tending today are affirming their rejection of parade route of the Presidential Inaugura- Club. George serves on the hospital advisory such evil and making a statement of hope for tion down Pennsylvania Avenue. Workers board at East Pasco Medical Center in a more civilized future, a hope that ‘never were very busy constructing reviewing Zephyrhills and is also on the advisory board again’ will the world look the other way in the stands for the President at the White House, at the Zephyrhills City Library. face of such evil.’’ I urge my colleagues to and setting up bleachers for the public along read Secretary Wolfowitz’ thoughtful remarks: the route. Again, the theme of celebrating George married the former Ann Brooke in the peaceful transition of power came to 1962, and together they raised two children, Thank you, Mr. President, Mr. Secretary mind. Seeing the White House, even from the Tamara and George III. They have been General, distinguished delegates, distin- gates still gave me a chill running up my guished guests. blessed with four loving grandchildren, Ashley Thank you, Mr. President for convening spine. and Hannah Oakley and Victoria and George this 28th Special Session and thank you to One last reception, at Mackey’s Irish Pub Neukom IV. the member states that supported the re- on L Street, a few blocks away from the Mr. Speaker, George Neukom is a model quest for commemoration of the 60th anni- White House. The speeches were over, it was versary of the liberation of the Nazi death now time to unwind with our new friends Pasco County citizen and is truly deserving of camps. from Buffalo and Erie county, and to have the 2nd Annual Lincoln Heritage Award. Thank you Mr. Secretary General for your something to eat—and celebrate the wonder- f eloquent statement today and for your en- ful things that Congressman Higgins hopes couragement of this initiative. to accomplish for Western New York, and A PROCLAMATION RECOGNIZING Thank you, Sir Brian Urquhart for your the nation during his tenure in the House of SENATOR RON AMSTUTZ service in the war and your witness here Representatives. today. My final thoughts and discussion with my HON. ROBERT W. NEY And our special gratitude goes to Elie Dad on the return trip to Jamestown was Wiesel, not only for his inspiring words how I felt like I was a part of the democratic OF OHIO today, but for all he has taught us with his process, even though I am not old enough to IN THE HOUSE OF REPRESENTATIVES life. Elie Wiesel has taught us that ‘‘in ex- vote yet. I had a wonderful time with my fa- Tuesday, February 8, 2005 treme situations when human lives and dig- ther and my new friends, and the memories nity are at stake, neutrality is a sin. It helps will last for a lifetime. Mr. NEY. Mr. Speaker: the killers,’’ he says, ‘‘not the victims.’’ f Whereas, Ohio State Senator Ron Amstutz Elie Wiesel teaches us that we must speak is an exceptional individual worthy of merit about unspeakable deeds, so that they will HONORING GEORGE NEUKOM, JR. and recognition; and be neither forgotten nor repeated. Most of OF ZEPHYRHILLS Whereas, Senator Amstutz has been ap- all, he offers personal witness to all human- pointed to lead the Senate Ways and Means ity that in the face of the most horrific op- HON. GINNY BROWN-WAITE Committee by Senator Bill Harris; and pression, there is always hope that the goodness of the human spirit will prevail. OF FLORIDA Whereas, Senator Amstutz should be commended for his excellence, professionalism, That is the larger meaning of why we gath- IN THE HOUSE OF REPRESENTATIVES er here today. We’re here to reflect on the integrity, and for his ongoing efforts to work for Tuesday, February 8, 2005 magnitude of the occasion how totalitarian the constituents of the 22nd District in Ohio. evil claimed millions of precious lives. But Ms. GINNY BROWN-WAITE of Florida. Mr. Therefore, I join with the residents of the en- just as important, the member nations at- Speaker, I rise today to honor Mr. George A. tire 18th Congressional District of Ohio in hon- tending today are affirming their rejection Neukom, Jr. of Zephyrhills, Florida. oring and congratulating Senator Ron Amstutz of such evil and making a statement of hope

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A08FE8.003 E08PT1 E170 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 2005 for a more civilized future, a hope that Sensing the approach of victory, General many occasions in the six decades since the ‘‘never again’’ will the world look the other Dwight Eisenhower, the Supreme Com- liberation of the concentration camps, when way in the face of such evil. mander, was unprepared for what greeted the world ignored inconvenient truths so For if there is one thing the world has him at the camp at Ohrdruf as he walked that it would not have to act, or acted too learned, it is that peaceful nations cannot past thousands of corpses in shallow graves late. close their eyes or sit idly by in the face of and saw the instruments of torture used by We have agreed today to set aside contem- genocide. It took a war, the most terrible the SS, he was moved to anger and to action. porary political issues, in order to reflect on war in history, to end the horrors that we re- He cabled Army Chief of Staff George Mar- those events of sixty years ago in a spirit of member today. It was a war that Winston shall words which are now engraved at the unanimity. But let us do so with a unani- Churchill called ‘‘The Unnecessary War’’ be- entrance of the U.S. Holocaust Museum in mous resolve to give real meaning to those cause he believed that a firm and concerted Washington, D.C.: ‘‘The things I saw,’’ Eisen- words ‘‘never forget.’’ And with a resolve policy by the peaceful nations of the world hower wrote, ‘‘beggar description . . . the that even when we may find it too difficult could have stopped Hitler early on. But it visual evidence and the verbal testimony of to act, we at least have an obligation at was a war that became necessary to save the starvation, cruelty and bestiality were so least to face the truth. world from what he correctly called ‘‘the overpowering.’’ He insisted on looking into Last Thursday, as he began his second abyss of a new dark age, made more sinister one particular room that contained piles of term in office, President George Bush ex- . . . by the lights of a perverted science.’’ skeletal, naked men, killed through starva- pressed his belief that our nation’s interests This truth we also know—that war, even a tion. ‘‘I made the visit deliberately,’’ he said, cannot be separated from the aspirations of just and noble war, is horrible for everyone ‘‘in order to be in a position to give first- others to be free from tyranny and oppres- it touches. War is not something Americans hand evidence of these things if ever, in the sion. ‘‘America’s vital interests,’’ he said, seek, nor something we will ever grow to future, there develops a tendency to charge ‘‘and our deepest beliefs are now one. From like. Throughout our history, we have waged these allegations to ‘propaganda.’’’ the day of our Founding, we have proclaimed it reluctantly, but we have pursued it as a Eisenhower wanted others to see this that every man and woman on this earth has duty when it was necessary. crime against humanity. So, he urged Amer- rights, and dignity, and matchless value, be- Our own Civil War was one of the bloodiest ican Congressmen and journalists to go to cause they bear the image of the Maker of the world had known up to its time. And it the camps. He directed that a film record the Heaven and earth. Across the generations we too was fought to end a great evil. As that reality and that it be shown widely to Ger- have proclaimed the imperative of self-gov- war was nearing its bloody close, President man citizens. And he ordered that as many ernment, because no one is fit to be a mas- Abraham Lincoln spoke to the nation hoping GIs as possible see the camps. American sol- ter, and no one deserves to be a slave. Ad- that the war would end soon, but saying that diers became what one writer called ‘‘reluc- vancing these ideals is the mission that cre- it would continue if necessary ‘‘until every tant archeologists of man’s most inhuman ated our Nation. It is the honorable achieve- drop of blood drawn with the lash, shall be possibilities.’’ ment of our fathers. Now it is the urgent re- paid by another drawn with the sword.’’ Jack Hallet was one of the soldiers who quirement of our nation’s security, and the Two months after the Battle of Antietam, liberated Dachau found that it was difficult calling of our time.’’ where the number of American dead was four to separate the living from the dead. As he Americans remain committed to working times the number that fell on the beaches of looked closer at a stack of corpses, he no- with all nations of good will to alleviate the Normandy, President Lincoln told members ticed that deep within the pile, he could see suffering of our time. And we remain hopeful of the U.S. Congress that those who ‘‘hold sets of eyes still blinking. that when generations to come look back on the power, and bear the responsibility’’ could Dan Evers was in the 286th Combat Engi- this time they will see that we in it were not escape the burden of history, ‘‘We shall neer Battalion at Dachau: ‘‘The gas chamber dedicated to fulfilling the pledge that arose nobly save, or meanly lose, the last best door was closed,’’ he recalled, ‘‘but the ovens from the ashes of man’s inhumanity toward hope of earth.’’ were still open. There was a sign in German man—Never again. Never again and never forget. We must Americans have fought often to liberate overhead which said: ‘Wash your hands after keep remembering to continue to speak others from slavery and tyranny in order to work.’’’ protect our own freedom. Cemeteries from Another soldier wrote to his parents, ask- about unspeakable things. So we commend France to North Africa, with their rows of ing them to keep his letter, because ‘‘it is the United Nations for a remembrance of the Christian crosses and Stars of David, attest my personal memorandum of something I Holocaust befitting its significance in human history. In doing so, perhaps we can to that truth. personally want to remember but would like help avoid such inhumanity and the warfare When Americans have taken up arms, it to forget.’’ was believing that, in the end, it is never From Ebensee, Captain Timothy Brennan that is so often the result. Thank you very much. just about us alone, knowing that woven into of the Third Cavalry wrote to his wife and our liberty is a mantle of responsibility, child: ‘‘You cannot imagine that such things f knowing that the whole world benefits when exist in a civilized world.’’ TRIBUTE TO MR. ARTHUR BENSON people are free to realize their dreams and From Mauthausen in Austria, Sergeant develop their talents. Fred Friendly wrote to his mother: ‘‘I want Today, we remember the people who fell you to never forget or let our disbelieving HON. BRIAN HIGGINS victim to tyranny because of their political friends forget, that your flesh and blood saw OF NEW YORK views, their heritage or their religion, in this . . . Your son saw this with his own eyes IN THE HOUSE OF REPRESENTATIVES places where human slaughter was perfected and in doing so aged 10 years.’’ as an efficient and systematic industry of Beyond the shock and horror, American Tuesday, February 8, 2005 state. We can only imagine how different our and Russian and other Allied soldiers who Mr. HIGGINS. Mr. Speaker, I rise today to lives would be had those millions of lost liberated the camps were also witnesses to pay tribute to the life and memory of a great souls had the chance to live out their hope. Tomorrow, you will have the oppor- Western New Yorker; businessman, commu- dreams. tunity to hear an American GI tell one such Today, we also pay tribute to all the sol- story. Tomorrow Lt. John Withers, of the all nity leader, and friend, Mr. Art Benson of diers of many Allied nations who partici- African-American Quartermaster Truck Springville, NY. Mr. Benson was 75 years old pated in the liberation of the Nazi death Company 3512, will speak about how he and when he died of cancer on January 21, 2005. camps, for their courage and sacrifice and for his soldiers changed the lives of two young Art Benson was a man who held himself to the care they provided to the survivors. boys forever who were rescued from Dachau. the highest standard of excellence in service We are proud of the role of our own Amer- Yet, as proud as we are of the role our sol- to his community and generosity in his per- ican soldiers, the so-called ‘‘young old men’’ diers played in the liberation of the con- sonal life. He served as President of the U.S. of 19 and 20 years of age, who fought through centration camps, we know that we all ar- Route 219 Association and the Springville their own horrors at Anzio and Normandy rived too late for most of the victims. Chamber of Commerce. In 1977, he was and Bastogne and who thought that a world Just last week, a great Polish patriot of evil no longer held surprises for them, but passed away. During World War II, Jan awarded the title ‘‘Citizen of the Year’’ based who were astonished to the deepest part of Nowak, who was not Jewish, risked his life on his demonstration of the difference one their souls when they confronted the human to leave Poland to bring news of the Nazi person can make in his community. In his pri- ruins of Nazi tyranny in the spring of 1945. genocide to the West. I was privileged to vate life he was committed to helping others Just one week before the end of the war in meet Jan Nowak in his Warsaw apartment battle alcoholism with Alcoholics Anonymous. Europe, the U.S. Seventh Army would reach just three months ago. He recalled that after Art’s success came from his optimism, his Dachau. Lt. Colonel Walther Fellenz de- the war when he was able to see the records passion for civic involvement, and his mag- scribed what he saw as the 42nd Infantry Di- of his secret meetings with Western officials, netic personality. He spent his youth working vision neared the main gate of that con- there was no mention of what he had told as a bellhop in Buffalo’s Hotel Statler, be- centration camp, it was ‘‘a mass of cheering, them about Poland’s Jews. Nowak put it friending famous actors and politicians that half-mad men, women and children . . . their down to ‘‘wartime inconvenience.’’ He was liberators had come! The noise was beyond telling truths that people wanted not to came to stay. President Truman thought so comprehension,’’ he said. And ‘‘our hearts know. highly of Art that he appointed him his per- wept as we saw the tears of happiness fall And, despite our fervent promises never to sonal aide during his 1948 Presidential cam- from their cheeks.’’ forget, we know that there have been far too paign.

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K08FE8.002 E08PT1 February 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E171 In his adult life, Art had a long and success- Mr. Speaker, let me again congratulate the nually; any trees removed from the embank- ful career in the auto sales business. He pur- McMinn County Soil and Water Conservation ment, and eroding areas are seeded. The chased a Ford dealership in 1965, which he for fifty years of excellent service to east Ten- channel is inspected and cleared of any fallen trees, logs or trash that may cause prob- sold in 1982 to become Emerling Ford and nessee. I have enclosed a written history of lems. Sand bars are removed from the chan- Mercury. Following the sale of his business, the program that I would like to call to the at- nel. he worked as a sales representative for tention of my fellow members and other read- Benefits to the area have been substantial. Towne Lincoln-Mercury in Orchard Park, NY. ers of the RECORD. The Cities of Sweetwater and Philadelphia The success that Art’s work ethic and affa- THE HISTORY OF THE MCMINN COUNTY SOIL have not been flooded since the structures ble nature led to in the private sector brought CONSERVATION DISTRICT were built and the channelization completed. Preventing damage to the agricultural, in- him even more success in the public sector. A The McMinn County Soil Conservation strong believer in the economic benefits that dustrial, commercial and residential prop- District was founded on December 28, 1954, erties has saved millions of dollars. expanding U.S. route 219 would bring to west- The original charter members were Rex The McMinn County Soil Conservation ern New York, politicians and development of- Moses, Clarence Miller, Carl D. Stager, J. G. started Tree Day in March 1972. We gave ficials nicknamed Art, ‘‘Mr. 219.’’ He was the Wilson, and J. K. Pickens. away 10,000 white pines which were donated road’s most influential advocate, making public Conservation Districts are local govern- by Bowater. The District requested the as- statements on its expansion even in his final ment subdivisions established under state sistance of the City of Athens to distribute law to carry out a program for the conserva- the trees in 19—. Later, Arbor Day and the days. tion, use and development of soil, water and His leadership did not end with route 219. State Forest Service absorbed Tree Day. related resources. Citizens National Bank joined the District As president of the Springville Chamber of In 1972, The McMinn County Soil Conserva- and City in sponsoring this event, which con- Commerce, he pressed for the creation of tion District, along with nine other sister tinues today. Springville’s Pre-School Learning Center for districts, took an active part in the drive to The County Council requested the District the Handicapped. He was also a driving force establish the ten county Southeast Ten- assist in planning and implementing a nine- behind the establishment of the Town of Con- nessee Resource Conservation and Develop- acre recreation area at the County Landfill. cord Industrial Development Agency. ment Districts. We met with other SCD The District supplied tuff-cote Bermuda As I noted earlier, perhaps some of Art’s Boards several times in making and submit- sprigs for the ball fields and supervised ting an application to the Secretary of Agri- planting and land grading. The District greatest contributions to his community were culture for and RC&D project. This project Board assisted in three seminars on landfill made in his private life. A former alcoholic, Art was approved and funded in September 1972. operations, and site selection at the request beat the disease 37 years ago and has been The Board asked for and received active sup- of the County Council, for visiting county of- a friend and counselor to other recovering al- port on this project from the County Coun- ficials, schools, health departments, etc. coholics ever since. According to his son, Mi- cil, City Governments, Farm Bureau, Cham- In 1982, the Chestuee Creek Special ACP chael, Art would do anything in his power to ber of Commerce, and others interested in Demonstration Area was co-sponsored by the help alcoholics, even when it meant leaving the resources of McMinn County. Soil Conservation District. Approximately thirty-five thousand (35,000) acres of land in home in the middle of the night to offer sup- The Sweetwater Creek Watershed District was organized in 1958 by local landowners the McMinn County Soil Conservation Dis- port. with the help of the three sponsoring organi- trict is within this watershed. At a dedica- But the aspect of Art’s life which made him zations—McMinn, Monroe, Loudon Soil Con- tion ceremony held in April, over 500 people most proud was his family. Art was the hus- servation Districts. A flood prevention plan from East and Middle Tennessee attended to band of the former Marie Chute, who passed for the Cities of Sweetwater and Philadel- close out this project. The Board of Super- away in 2000, and is survived by his sons Mi- phia and all the low-lying land along the visors was very proud to have had a part in chael, Arthur, Robert, and Claytus, daughters Sweetwater Creek from its origin in McMinn the success of the Chestuee Creek project. Marie Pitello, Colleen Benson, and Kathleen County to the outlet at the Tennessee River This project brought over $1,250,000 in federal in Loudon County was completed in 1970. funds to the area. Many conservation prac- Benson. Arthur also leaves behind his great tices were installed by local farmers, which prides and joy—his 16 grandchildren. Sweetwater Creek Watershed Program is a local project with technical and financial as- they would not have otherwise been able to Citizens of Art Benson’s caliber are hard to sistance from the United States Department accomplish. come by. Whether it was through the gifts he of Agriculture. The principal problems were The District signed a Memorandum of Un- was born with or his personal struggles, he floodwater and sediment damage to agricul- derstanding with McMinn County in March consistently found ways to give to his commu- tural lands, industrial, commercial and resi- 1983. The Memorandum spells out the respon- nity. Many in western New York will miss his dential properties and roads. There are 37,460 sibilities of both parties in our joint con- leadership, enthusiasm, and friendship. I was acres in this watershed. servation efforts. The district has been able With the help of the sponsoring districts to lead the state in many areas of conserva- proud to call Art Benson my friend and I am tion application because of the support of pleased to honor his memory today. the watershed board requested funding from the three counties and the City of Sweet- our County and City officials. The commit- f water for operational and maintenance ex- ment to the conservation effort by these groups makes the job much easier and satis- CONGRATULATIONS TO MCMINN penses in the amount of $6,600.00 annually. Funding was provided in 1974. fying. COUNTY SOIL AND WATER CON- The orphan strip mines continued to be a Congress authorized funding for the Sweet- problem in the county. The District com- SERVATION DISTRICT water Creek Watershed Project in July 1972. pleted an inventory of these mines in 1984. Without the help of the Honorable John Dun- Special funds were requested to reclaim can, Sr., the project would not have been HON. JOHN J. DUNCAN, JR. these areas through a Special ACP funding funded. OF TENNESSEE for critical area treatment. We are awaiting The McMinn Board of Supervisors asked IN THE HOUSE OF REPRESENTATIVES approval of this project. the County Council to budget $600 per year Tuesday, February 8, 2005 Our Conservation District was pleased to for maintenance of dams on the Sweetwater have our local nominee named as a Five Star Mr. DUNCAN. Mr. Speaker, this month, the project. The council was very happy to com- Farmer by TVA for outstanding soil con- McMinn County, Tennessee Soil and Water ply with this request. servation accomplishment. Lowry Dougherty Conservation District will celebrate its 50th an- Four flood retarding structures have been won the award for the excellent progress to niversary. This milestone is much more than a completed in McMinn County, channeliza- controlling erosion on his 240-acre dairy tion for the creek in the City of Philadel- birthday. It is a celebration of a voluntary con- farm. phia, and 9 miles of clearing and snagging of In 1984, the Upper Oostanaula Creek Specal servation program that has involved more than the creek between the Cities of Sweetwater ACP Demonstration Area was co-sponsored 30,000 farmers, and other land users. and Philadelphia. The construction on the by the Soil Conservation District. Approxi- This program has benefited thousands of first flood retarding structure begins in Oc- mately twelve thousand acres of land in the East Tennesseans by implementing flood pre- tober 1975. In 1989 the fourth flood retarding McMinn County Soil Conservation District is vention plans, creating recreation areas, and structure was completed. This was the final within this watershed. This is the second na- putting many other soil conservation projects phase of the project for federal funding. The tional project that has been approved for in place. total cost of the work was 4.6 million dollars. McMinn County. The Board of Supervisors I have enjoyed working with the McMinn Benefits to the area have been substantial. was very proud to have had a part in the suc- The Cities of Sweetwater and Philadelphia County Social and Water Conservation District cess of the Oostanaula Creek Project which have not been flooded since the structures brought over one million dollars in federal in the sixteen years I have served in the were built and the channelization complete. funds to the area. Many conservation prac- House. My father also worked closely with this Every year the watershed board maintains tices were installed by local farmers, which program when he served in this seat from the flood retarding structures and the chan- they would not have otherwise been able to 1964 to 1988. nel. The retarding structures are mowed an- accomplish.

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.007 E08PT1 E172 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 2005 Work was started on the Flood Hazard 20,996 acres under conservation plan, and IN HONOR OF MR. ARNOLD Study on Oostanaula Creek in October 1987, 13,084 acres plan applied and on the ground. FONTES A series of public hearings were held in No- The ACP program had 171 referrals. There vember and survey work has proceeded on were 25 LTA’s, 13 Farm Bill Status Reviews, schedule. The final plan was completed and 1 569 compliance investigation, and 7 water HON. SAM FARR ready for funding by September 1988. quality complaints were investigated. OF CALIFORNIA In 1987, a group of volunteer conservation- The McMinn County Water Quality as- IN THE HOUSE OF REPRESENTATIVES ists formed an ‘‘Earth Team’’ to assist the sisted the Tennessee Department of Health & Tuesday, February 8, 2005 McMinn Soil Conservation District with Environment with investigations of citizen their conservation programs. The members complaints involving water pollution from Mr. FARR. Mr. Speaker, I rise today to included Hugh ‘‘Doc’’ Lamb, J. Neal animal waste and dairy operations waste, honor Mr. Arnold R. Fontes, who is retiring Ensminger, Harold ‘‘Prof’’ Powers, Herbert poultry operations waste, mining runoff, and after 34 years as the San Benito County As- ‘‘Dick’’ Williams, F. W. Adsit, Rex Moses, disposal of dead animals Investigations were sessor. His continuous re-election for over Charles Engle, E. H. Looney, Clarence conducted of numerous potential ground- three decades speaks volumes for his ability Streetman, and Ginger Wheeler. water pollution problems (wells and springs The McMinn ‘‘Earth Team’’ was the first and for the trust the people of this county in the county), Through these investiga- placed in him. recipients to receive state and national rections, samples were collected to be analyzed ognition for their volunteer efforts in con- by private laboratories. The test results were Mr. Fontes was raised in San Benito County servation, They were cited by the National then analyzed and possible solutions were and attended local schools. He joined the Association Conservation Districts for their recommended. R.O.T.C. and graduated in 1955 from the Uni- exemplary volunteer efforts to attain con- Local industry and utility districts with versity of Santa Clara with a degree in Busi- servation goals. They were honored at the ness Administration, majoring in accounting. NACD National meeting in February 1988 at potential groundwater problems were as- Little Rock, Arkansas. The ‘‘Keep McMinn sisted. The County Board of Education was He served in Germany as an Army Artillery Beautiful’’ committee was formed as a direct assisted with assessment of periodic well Officer, and met his wife, Helga, while sta- result of the Earth Team. water sampling requirements to comply with tioned there. Some of the projects carried out by the State Regulations. Well water samples were Upon returning to the United States he was Earth Team were: collected for determination of lead in drink- employed by McCormick Selph as their Ac- I. Conservation Education Program ing water from several homes in response to counting Manager, and then with Protective a. Conducted conservation school camps requests. The laboratory determination results were then analyzed and citizens advised Papers as Plant Manager and Controller. On for city and county schools. September 1, 1970 Mr. Fontes was appointed b. Presented programs to civic and garden as to further action. Also, assistance was given in determing aquatic weed problems Assessor of San Benito County, and ran unop- clubs. posed for eight consecutive terms. c. Contacted farmers to explain the provi- and treatment was recommended for several sions of the Farm Bill. farm ponds. Arnold Fontes played a significant role in d. Developed a forest information program Consultation was provided for two estab- the community during those years. His activi- for area woodlot owners. lished watershed districts in response to ties include 31 years with the Boy Scouts of e. Assisted with conservation tours, meet- water quality assessment needs. Sites for America, serving as District Chairman and as ing, etc. drinking water sampling were selected and Vice President of Special Assignments of the II. Water Quality Concerns samples collected to establish the need for Monterey Bay Area Council. He was President a. Conducted an extensive public awareness extension of Riceville water lines to addi- of the California Assessors’ Association in campaign on the water quality problems in tional areas in the county. McMinn County. 1982 and Treasurer from 1983 to 2000. He The Water Qualify Office responded to b. Developed a slide presentation on road- was a member of the San Benito Chamber of many requests for information and questions side litter and dumps. Commerce for 35 years, including Director concerning appropriate authority for assist- c. Assisted the county in locating suitable from 1972 to 1974. During his 32 years with ance. landfill sites. the Hollister Rotary Club he served as Presi- III. Formed a Speakers Bureau dent from 1979 to 1980, and received the Paul f a. Sent out brochures to civic, school, and Harris Fellowship from the Rotary Foundation church groups on conservation speakers of Rotary International. Currently, Mr. Fontes available for programs. A PROCLAMATION IN MEMORY OF IV. Conservation Application CORPORAL NATHAN R. ANDERSON serves as Treasurer for the Community Foun- a. Located farm boundaries on maps. dation for San Benito County. b. Compiled list of Highly Erodible Land Mr. Speaker, I applaud Arnold Fontes’s (HEL). HON. ROBERT W. NEY many accomplishments, and commend him for c. Assist with layout of strip cropping, ani- his tremendous devotion to his community. I mal waste systems and waterways OF OHIO join all of San Benito County in honoring this d. Gather information on soil loss for SL– IN THE HOUSE OF REPRESENTATIVES truly remarkable man for his lifelong achieve- 1 referrals. ments. e. Contact farmers concerning sodbuster- swampbuster provisions of Farm Bill. Tuesday, February 8, 2005 f In 1993, The Tennessee Department of Con- Mr. NEY. Mr. Speaker, I hereby offer my REMEMBERING AND HONORING servation and Environment published a list heartfelt condolences to the family, friends, MR. JOHN ALBERT ‘‘AL’’ of all streams in Tennessee, which have and community of Cpl. Nathan Anderson upon WICKLAND, JR. water pollutants. Oostanaula Creek was identified as having pollutants nitrogen and the death of this outstanding Marine. pathogen. Best Management Practices were Cpl. Anderson was a member of the Weap- HON. JOHN T. DOOLITTLE installed and cost shared through funds re- ons Company, 1st Battalion, 8th Marine Regi- OF CALIFORNIA ceived from the Tennessee Department of ment, Regimental Combat Team 7, 1st Marine IN THE HOUSE OF REPRESENTATIVES Agriculture with the help of the Southeast Tennessee Resource Conservation and Devel- Division serving his great nation in the country Tuesday, February 8, 2005 of Iraq. He was a loving son, brother, and opment. Water Quality practices included Mr. DOOLITTLE. Mr. Speaker, today I wish stream fencing to prevent livestock having friend to all who knew him. Cpl. Anderson was direct access to the creek, stream crossing, an active citizen in his community and did his to remember and honor an outstanding citizen alternative livestock watering systems, con- best to make his country a better place to live. and dear friend, Mr. John Albert ‘‘Al’’ servation buffers strips and animal waste Wickland, Jr. from Carmichael, CA, who died management systems Cpl. Anderson will be remembered for his on Thursday, January 20, 2005. He was 84 The Farm Bills bring many programs unsurpassed sacrifice of self while protecting years old. under Conservation Compliance. To partici- others. His example of strength and fortitude Al was raised in Orland, CA. He attended pate and receive benefits from USDA is vol- will be remembered by all those who knew the University of California, Berkeley, where untary to the farmer. The District strives to him. he studied electrical engineering. When World make program participation clientele friendly and manageable to the farmers as it can, While words cannot express our grief during War II began, Al left the University and began while meeting conservation goals. the loss of such a courageous Marine, I offer his lifelong dedication to his country and the In 1993, 484 landowners received assistance this token of profound sympathy to the family, communities he called home. Al entered the from Field Office staff. To date, 23,546 acres friends, and colleagues of Cpl. Nathan R. An- U.S. Army Air Corps and served honorably as of highly erodible land were identified with derson. a B–26 instructor during the war. On February

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.012 E08PT1 February 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E173 4, 1942, while on leave from his duties serving February 1st, or February 2nd of this year. I Mahmoud Abbas must do more. He must dis- our country, Al wed Mary Elizabeth Linton in would like the RECORD to reflect how I would arm Palestinian terrorist groups—not just call Carson City, NV. They were happily married have voted on the following votes. on them to cease attacks on Israelis. Abbas for 58 years until Mary’s death in 2000. On rollcall vote No. 14, I would have voted must do the hard work of dismantling the ter- After the war, Al returned with Mary to ‘‘yea.’’ rorist organizations. He must control and con- Orland where they raised four children. In On rollcall vote No. 15, I would have voted solidate the security forces that often collabo- 1954, Al started Wickland Oil Company and a ‘‘yea.’’ rated with terror groups. He must push for true life-long career in oil distribution and mar- On rollcall vote No. 16, I would have voted political and economic reform, and stop the keting. Wickland Oil quickly opened a chain of ‘‘nay.’’ rampant corruption. And finally, he must truly gasoline and convenience stores called Regal On rollcall vote No. 17, I would have voted engage Arab leaders in supporting true peace Stations, which operated throughout California, ‘‘yea.’’ in the region. If he does all these things, if Oregon, and Nevada. By adopting innovative On rollcall vote No. 18, I would have voted Abbas can demonstrate by his action that he strategies such as offering low-cost self-serve ‘‘yea.’’ is a serious, earnest partner in the pursuit of gasoline, Al demonstrated a unique ability to On rollcall vote No. 19, I would have voted peace, then there is truly cause for hope. understand and cater to the needs of his con- ‘‘yea.’’ We have waited decades for a peace that sumers. With Al’s leadership and vision, f will safeguard Israel’s security, and will bring Wickland Oil and Regal Stations quickly grew about regional stability and prosperity. For into a regional powerhouse. A PROCLAMATION RECOGNIZING those who truly seek peace, who understand By 1980, Wickland Oil’s commodities trading JEANNE CROTTY that there is no choice but peace to secure the and oil storage business was a major operator future of the Middle East, the latest develop- on the international stage. Again displaying HON. ROBERT W. NEY ments are encouraging. great vision, Al directed Wickland Oil into the OF OHIO The future of the Middle East—and the ultimate security and safety of Israel—is at stake. Chinese market, making it one of the very first IN THE HOUSE OF REPRESENTATIVES The United States will maintain its commit- American firms to open trade relations with Tuesday, February 8, 2005 China. Under Al’s leadership, Wickland Oil im- ment to bringing the parties back to the nego- pressively built storage and distribution facili- Mr. NEY. Mr. Speaker: tiating table, but the ultimate choice of peace ties in California, China, Australia, Singapore, Whereas, Jeanne Crotty has served dili- is theirs to make. Chairman Abbas must not Russia, and the Caribbean. Al was especially gently as an intern for the office of Congress- squander the opportunity to bring peace and grateful for the contributions his two sons, man BOB NEY in the United States House of prosperity to his people. He must show his John and Roy, as well as his son-in-law, Dan Representatives; and willingness to make the tough choices, and Hall, made to Wickland Oil. He took great Whereas, Jeanne Crotty has demonstrated take the risky path, that separates those who pleasure in working with them on a day-to-day that she is an extremely talented individual truly seek peace from those who do not. basis. who understands public policy, government re- I urge unanimous adoption of this resolution. In addition to building a world-renowned lations and the American political system; and f company, Al served his community. He was a Whereas, Jeanne Crotty should be com- PROVIDING FOR CONSIDERATION charter member and co-founder of the Orland mended for her excellent service, her integrity OF H. CON. RES. 36, EXPRESSING Rotary Club, a Trustee of the YMCA, a mem- and dedication to the projects she was asked CONTINUED SUPPORT OF CON- ber of the advisory board of California State to perform. GRESS FOR EQUAL ACCESS OF Therefore, I join with Members of Congress University at Chico, and the co-founder of the MILITARY RECRUITERS TO IN- and their staff in thanking Jeanne Crotty for California Independent Oil Marketers Associa- STITUTIONS OF HIGHER EDU- her outstanding service as an intern in the tion. Upon moving to Sacramento in 1972, Al CATION joined the Fremont Presbyterian Church, Sac- United States House of Representatives. ramento Rotary, the Sutter Club, and Del f SPEECH OF Paso Country Club. In addition to participating COMMENDING PALESTINIAN PEO- HON. RICHARD W. POMBO in these activities, Al especially loved spend- PLE FOR HOLDING FREE AND OF CALIFORNIA ing time with his family and friends piloting his FAIR PRESIDENTIAL ELECTION IN THE HOUSE OF REPRESENTATIVES boat, the Regal Lady, along the North Amer- Wednesday, February 2, 2005 ican coastline and elsewhere. SPEECH OF While Al enjoyed great success in his busi- Mr. POMBO. Mr. Speaker, along with Con- ness and community endeavors, his passion HON. NITA M. LOWEY gressman GERALD SOLOMON I introduced the remained his family. Al is survived by his wife OF NEW YORK original amendment in 1994 which clearly stat- of 3 years Beatrice Rogers Wickland and his IN THE HOUSE OF REPRESENTATIVES ed that if universities receive Federal funding, four children: John A. Wickland III, Valerie E. Wednesday, February 2, 2005 they must also allow military recruiters on Wickland, Roy L. Wickland and his wife, Janet campus. E. Wickland, Laurel Wickland Hall and her Mrs. LOWEY. Mr. Speaker, I rise in support Congress was clear that if universities ac- husband, Daniel E. Hall. Al also had a great of this resolution, which commends the Pales- cept funding from the Federal Government, affection for his 11 grandchildren: Joshua D. tinian people for holding free and fair elections they must support the government at a basic Wickland, John A. Wickland IV, Stacia C. on January 9. I know we all hope it will be the level. It is a double standard for universities to Wickland, Scott Lusk, Tracy Frost Lusk end of the violence that has devastated so be willing to accept all types of funding from Scollan, Jessica Wickland Oehmen, Allison C. many families, and the beginning of the re- the Federal Government, but are unwilling to Wickland, Matthew J. Wickland, John L. Hall, sumption of peaceful negotiations. support America’s men and women training to Danielle E. Hall, and Joseph D. Hall. The State of Israel and many, many Pal- defend the freedoms of our country. Mr. Speaker, today I join with Al Wickland’s estinians want this. They want peace—to safe- Congress passed the Solomon-Pombo family, friends, and community to commemo- guard their children, to encourage economic amendment with the understanding that the rate his life of hard work, service to country growth, to move toward the future with opti- military plays an indispensable role in securing and community, and dedication to his family. mism and a sense of purpose. The United the freedoms protected in our society. The May he rest in peace. States shares this hope, and must continue to Federal Government is responsible for pro- actively support these efforts. I commend f tecting our borders, our safety, and our free- President Bush for his involvement, and I doms. It is the military that ensures the free- PERSONAL EXPLANATION hope he will remain steadfast. doms of college faculty and students to voice But we are not naive. We have been at their opinions in our open and free society. HON. ANNA G. ESHOO such hopeful moments before. As President The court ruling from the Third Circuit Court OF CALIFORNIA Bush said last summer, there are a number of of Appeals is clearly flawed in a number of IN THE HOUSE OF REPRESENTATIVES concrete actions the Palestinians must take ways. It is not discriminatory for the military to before they can be viewed as legitimate part- maintain a ‘‘don’t ask; don’t tell’’ policy. In fact, Tuesday, February 8, 2005 ners in the path to peace. the military’s policy has been upheld by the Ms. ESHOO. Mr. Speaker, due to reasons Free elections are one step. But now newly courts in large part because Constitution ex- beyond my control I was unable to vote on elected Palestinian Authority Chairman plicitly states Congress’ plenary power in this

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.017 E08PT1 E174 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 2005 area. ‘‘The Congress shall have Power . . . Wildlife Service in 1976. She joined the Office Angela enlisted in the U.S. Navy in August To make Rules for the Government and Regu- of Biological Services in Washington DC, 1998 and currently serves as the MILDET lation of the land and naval Forces.’’ working on the National Wetlands Inventory Junior Yeoman for the MSCPAC in San There is a widely held belief at America’s and other wetland issues. In 1980, she moved Diego, CA. She has been recognized for her universities that it is somehow unfair that the to the Service’s Washington/ Oregon Area Of- exemplary service on numerous occasions, re- American military is disproportionately made fice as the assistant area manager for Envi- ceiving a Navy and Marine Corps Achieve- up of minorities and those from a disadvan- ronment and Endangered Species, supervising ment Medal with two gold stars, a Navy Unit taged socioeconomic background. However, it three field stations. During her time in the Commendation Medal, a Navy Meritorious Unit is the height of hypocrisy to complain that too Area Office, Marge also worked as the Habitat Commendation, a Navy Good Conduct Medal many of the sacrifices in the military are made Protection Coordinator, including developing with one bronze star, a Global War on Ter- by people from lower income groups and at proposals for refuge land acquisition. Her next rorism Expeditionary Medal, a Global War on the same time bar the military from recruiting move was to the East Lansing, Michigan Field Terrorism Service Medal, a National Defense at prestigious universities. Office, where she was the assistant field su- Service Medal, a Sea Service Deployment Clearly, there is an antimilitary bias at many pervisor and acting field supervisor from 1982 Ribbon, and a Navy Recruiting Service Rib- elite universities that has nothing to do with to 1989. Marge returned to the Washington of- bon. She was named the Sailor of the Quar- the military’s policy of ‘‘don’t ask; don’t tell.’’ fice in 1989 to work in the Branch of Federal ter, First Quarter 2001 while serving aboard Too many of the spokespeople and prominent Activities and Habitat Conservation. Her last 3 the USS John C. Stennis. Angela’s dedication, officials in academia are relentlessly anti mili- years in this office were as Branch Chief. determination and enthusiasm has made her tary and antiwar regardless of the cir- I applaud Marge’s extensive experience and an integral part of many operations. She cur- cumstances. impressive career in public service. Her con- rently serves as the Awards Yeoman, Tem- The usual, tired complaints from the halls of tributions and leadership as Refuge Complex porary Additional Duty Travel Coordinator, academia ring especially hollow in the post 9/ Manager of the San Francisco Bay National Leave Clerk, and Muster Petty Officer, sup- 11 world. Who does the NYU Law School fac- Wildlife Refuge have left an indelible mark. I porting over 140 afloat military personnel in 19 ulty believe will protect it from another terrorist join her colleagues in thanking her for her forward deployed MSCPAC ships in the Pa- attack on downtown New York if not the U.S. dedicated service to the Refuge Complex and cific. military? wish her every success in her new position I commend Angela for her hard work and The complexity of our military systems cre- within the Fish and Wildlife Service. dedication to our country and express my sincere congratulations on being chosen as the ates a demand for recruits with a diverse f backgrounds and education levels including Military Sealift Command Shore Sailor of the bachelor degrees and law degrees. To restrict A PROCLAMATION RECOGNIZING Year. As a native daughter of Guam, Angela ROTC offerings on college campuses limits ANTHONY ‘‘TONY’’ GENTILE serves as a model of success and brings the pool of applicants necessary to run vital great pride to our island and our people. military systems. HON. ROBERT W. NEY f Conversely, men and women should have OF OHIO RECOGNIZING THE SERVICE OF an option to prepare for military careers with IN THE HOUSE OF REPRESENTATIVES LIEUTENANT COLONEL GARY ACE the support of Federal Government. Restrict- Tuesday, February 8, 2005 ing ROTC from campus limits and restricts ca- Mr. NEY. Mr. Speaker: HON. MIKE ROGERS reer options. Whereas, Anthony Gentile has received his OF MICHIGAN It is a double standard for universities to be honorary Bachelor of Science degree from IN THE HOUSE OF REPRESENTATIVES willing to accept all types of funding from the Youngstown State University; and Tuesday, February 8, 2005 Federal Government, but are unwilling to sup- Whereas, Anthony Gentile gave up his col- port America’s men and women training to de- lege education to serve his country during Mr. ROGERS of Michigan. Mr. Speaker, I fend the freedoms of our country. World War II as a member of the United rise today to pay tribute to LTG Gary Ace who will be leaving his position as Legislative Liai- I strongly urge all of my colleagues to vote States Army; and for this resolution. Whereas, Anthony Gentile should be com- son officer in the Army House Liaison office f mended for his service to the United States on February 18, 2005. Gary has volunteered and for his dedication to furthering his edu- for assignment to United States Central Com- HONORING THE EXEMPLARY mand with duty in Iraq and Kuwait. During his SERVICE OF MARGARET KOLAR cation. Therefore, I join with the residents of the en- tenure, Lieutenant Colonel Ace has distin- tire 18th Congressional District of Ohio in hon- guished himself as a friend, trusted resource, HON. FORTNEY PETE STARK oring and congratulating Anthony ‘‘Tony’’ Gen- and an officer who epitomizes the modern OF CALIFORNIA tile for his outstanding accomplishment. American professional soldier. IN THE HOUSE OF REPRESENTATIVES The quality of Lieutenant Colonel Ace’s f leadership, management, and inter-personal Tuesday, February 8, 2005 RECOGNIZING ANGELA SAN skills, led him to be specially selected to serve Mr. STARK. Mr. Speaker, I rise today to NICOLAS QUIHUIZ in the Secretary of the Army’s Legislative Liai- honor Margaret (Marge) Kolar’s 29 years of son office in the United States House of Rep- exemplary service with the Fish and Wildlife HON. MADELEINE Z. BORDALLO resentatives. In that capacity, he has been re- Service. For the past 10 years Marge has OF GUAM sponsible for maintaining liaison with 435 served as the project leader for the San Fran- IN THE HOUSE OF REPRESENTATIVES Members of Congress, their personal staffs, cisco Bay National Wildlife Refuge Complex, and 20 permanent or select legislative commit- whose administrative offices are located in Tuesday, February 8, 2005 tees. Over the past year, Gary devoted him- Newark, CA. Ms. BORDALLO. Mr. Speaker, I rise today self to getting to know more than 100 Mem- As project leader, Marge has overseen to recognize Petty Officer 2nd Class Angela bers personally. His dedication, candor and seven unique San Francisco Bay and Mon- San Nicolas Quihuiz, a distinguished professionalism while serving in this capacity terey Bay area refuges. Her most recent Chamorro sailor recently selected as the Mili- has earned him the reputation of being a go- projects include her active collaboration on the tary Sealift Command, MSCPAC, Shore Sailor to person on Capitol Hill to resolve issues per- Project Management Team for the South Bay of the Year. Throughout her career, Angela’s taining to the Army. Restoration Project. In February 2005, Marge commitment to excellence, professionalism, Gary’s fine service to his country has seen will move from her current position to serve as and exemplary performance has been consist- him recognized with many awards and decora- assistant manager for the Refuge Program in ently recognized by her superiors. tions, including the Meritorious Service Medal the California Nevada Regional Office. Angela is the daughter of Annie Toves San with three Oak Leaf Clusters, the Army Com- Marge has served in a variety of programs, Nicolas, formerly of Agana Heights, and Mi- mendation Medal with Oak Leaf Cluster, the geographic areas, and organizational levels. chael Gonzalez Quihuiz, formerly of Phoenix, Army Achievement Medal, the Ranger Tab, She started her federal career with a 3-year AZ. Though she and her daughter Kambrea A. the Parachutist Badge, the Air Assault Badge, stint in the Peace Corps as a teacher in Sierra Quihuiz currently reside in Chula Vista, CA, and the Expert Infantry Badge. Lieutenant Leone, West Africa. After several years in the Angela still deeply values and respects her Colonel Ace has repeatedly stood for the de- private sector, Marge joined the U.S. Fish and Chamorro heritage and visits Guam frequently. fense of this Nation, her citizens and their

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.021 E08PT1 February 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E175 freedom. This devotion and steadfast commit- years and raised four children. She died in Whereas, Bev Riley’s service to the resi- ment to the defense of freedom and liberty 2002. dents of Chillicothe is greatly appreciated by around the world is the hallmark of a great The parks agency was a voluntary, time- all who have worked with her. She should be consuming sideline to Mess’s career as a land American. economist and mortgage banker. commended for the help that she provided to Mr. Speaker, I wish to extend my personal As a child he canoed, hiked, hunted and the people of Chillicothe and the surrounding gratitude to Lieutenant Colonel Ace for his fished with his father and uncle throughout area. service to the House of Representatives, and the area, in the days when it was still unde- Therefore, I join with the entire 18th Con- I ask my colleagues to join me in recognizing veloped. gressional District of Ohio in celebrating Bev Gary for his service to our country. The United As a young man hard at work on a law de- Riley’s twenty years of service to the Village of States will be well served as Lieutenant Colo- gree in 1939, Mess signed on with a U.S. gov- Chillicothe. ernment covert operations unit and was sent nel Ace furthers his career at CENTCOM in to Europe, where he traveled behind German f Iraq and Kuwait. lines. HONORING THE LITERARY AND f He would receive an honorary green beret CULTURAL CONTRIBUTIONS OF more than half a century later to honor his A SALUTE TO WALTER MESS military intelligence service. VIOLA HERMS DRATH Mess returned to the United States in 1940 HON. FRANK R. WOLF and returned to school to complete his de- HON. GEORGE RADANOVICH gree. He married and started a family. Two OF VIRGINIA OF CALIFORNIA years later, he enlisted in the Quartermaster IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Corps and was on his way to Asia when he Tuesday, February 8, 2005 caught his first glimpse of the future. Sta- Tuesday, February 8, 2005 tioned in San Diego for a month, he got a Mr. RADANOVICH. Mr. Speaker, I rise Mr. WOLF. Mr. Speaker, it is an honor to chance to see the area’s regional system of today for a very special occasion—to cele- recognize Mr. Walter L. Mess, on the occasion parks, golf courses and swimming pools, brate the birthday of a distinguished American of his retirement after 46 years of service with available to the public at no cost. who is an author, playwright, journalist and the Northern Virginia Regional Park Authority. He came home in 1946 to his wife and a 4- diplomatic advisor—Viola Herms Drath. Walter is a good man who has made invalu- year-old daughter he had never met. He brought with him four Bronze Star Medals, Viola left her native Germany when she able contributions to our area through his married U.S. Army Colonel Francis S. Drath, dedicated public service. malaria, blackwater fever and the knowledge that he was lucky to be alive. another great American, then Deputy U.S. I am proud to call attention today to Walter’s It was time, he decided, to help his native Military Governor of Bavaria, after World War achievements. He spent 30 years as chairman Washington benefit from the kinds of land II. Prior to her marriage, Viola had established of the park authority and under his leadership preservation and recreational opportunities herself as a young playwright in Munich. Her the park authority has become a thriving orga- he had seen in California. first play, Farewell Isabell, a comedy, written nization. I would like to share an article from What the area needed, he decided, was a regional park system. Others agreed, and to- at the age of 18 in the aftermath of the war, a recent edition of the Washington Post which which was praised by critics, signaled the be- highlights Walter’s many accomplishments and gether they embarked on a decades-long journey to make it happen. ginning of a long, creative career. contributions. ‘‘When you start to do something, and you As her career evolved in the United States, [From the Washington Post, February 3, don’t have any money and you have to get it she became a longtime Washington cor- 2005] from the public, you have to be very pa- respondent for Handelsblatt, Germany’s equiv- AREA PARKS PIONEER EARNS A REST tient,’’ Mess said. ‘‘We were very patient. alent of the Wall Street Journal, and a mem- (By Leef Smith) That was part of the game.’’ ber of the Executive Committee of the Na- It was also part of their success. He was the longest-serving public official It took about 10 years to persuade legisla- tional Committee on American Foreign Policy. in Northern Virginia, overseeing the area’s tors in Richmond to grant their approval. In Viola’s insightful writings have helped Ameri- regional park authority as chairman for 30 1959, Mess was Falls Church’s first appointee cans and Germans better understand post-war years. to the Northern Virginia Regional Park Au- foreign policy. One of her articles for the Na- In December, Walter L. Mess stepped down thority Board. from that post at the age of 90—his hearing, tional Committee entitled ‘‘The Reemergence Since then, the park authority has spent not his age, the deciding factor—having de- of the German Question’’ published in 1988 $120 million on land, including parcels along voted more than 46 years of his life to pre- proposed negotiations on German unification the Occoquan Reservoir and Potomac River serving land in the area. between the two German states and the four and on the environmentally fragile Mason Under his leadership, the Northern Vir- Neck. Allied Powers. As a foreign policy advisor of ginia Regional Park Authority preserved ‘‘Our whole idea was to protect the water- the 1988 Bush Presidential campaign, she more than 10,000 acres while operating 19 re- shed and give people access to the water,’’ helped lay the groundwork which led to the gional parks in the cities of Alexandria, Mess said. ‘‘Back in the early days, much of ‘‘2+4’’ process towards German unification in Fairfax and Falls Church, as well as in Ar- that land was land that developers weren’t 1990. lington, Fairfax and Loudoun counties. going to use.’’ Today, the authority’s assets are valued at Her biography of former German Chancellor In 1975, Mess became the authority’s sec- Willy Brandt, Willy Brandt: Prisoner of His more than $1 billion. ond chairman. In 1999, the agency honored ‘‘His contributions have been immense,’’ Past, first published in 1975, is being reissued his 40 years of service by naming its head- said Barry Buschow, a member of the park quarters in Fairfax Station for him. this June in conjunction with the Broadway authority board since 1990, who represented ‘‘This whole thing I’m being given credit premiere of Michael Frayn’s play ‘‘Democ- Falls Church along with Mess. ‘‘He’s taken a for I didn’t do,’’ Mess said. ‘‘The people racy’’. Dr. Henry A. Kissinger recently praised struggling organization from nowhere to a around me did.’’ The authority ‘‘gets credit this biography by calling it ‘‘a must-read for billion-dollar corporation.’’ for planning and starting it, but we couldn’t those interested in fully appreciating an impor- Asked this week to name his proudest have done it without everyone.’’ achievement, Mess did not mention the de- tant statesman both within his own times and velopment of the 45-mile Washington & Old f beyond.’’ We are thankful to have the talents and en- Dominion Railroad Regional Park trail, or A PROCLAMATION RECOGNIZING ergies of this extremely accomplished and tal- the acquisition of the 5,000–acre Occoquan BEV RILEY Reservoir shoreline. ented individual. We wish her and her family Instead, he talked about his family. many more birthday celebrations and all the He told a story about one of his 10 grand- HON. ROBERT W. NEY best on this great occasion. children, Christine, now a schoolteacher OF OHIO f with two children of her own. Just a teen- IN THE HOUSE OF REPRESENTATIVES ager at the time, she confronted a manager TRIBUTE TO DON DEMERS at Upton Hill Regional Park in Arlington Tuesday, February 8, 2005 and demanded to know why a plaque hon- Mr. NEY. Mr. Speaker: HON. JIM COSTA oring her grandfather was not being dis- Whereas, Bev Riley has served continu- OF CALIFORNIA played. ously as the office manager for the Chillicothe ‘‘That’s what I’m the proudest of,’’ said IN THE HOUSE OF REPRESENTATIVES Mayor’s Office for twenty years; and Mess, who also has 10 great-grandchildren. Tuesday, February 8, 2005 ‘‘That’s where the pride comes from.’’ Whereas, Bev Riley provided her services Mess and his wife, Jean, met in business as office manager through the administration Mr. COSTA. Mr. Speaker, it is with heavy school in 1934. They were married for 62 of three different Chillicothe mayors; and heart that I rise to pay tribute to Don DeMers.

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.025 E08PT1 E176 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 2005 Don passed away Tuesday, February 1st after throughout the community so that the area IN RECOGNITION OF THE 1000TH a long and courageous battle against cancer. would grow and prosper. Having taken the STRYKER ASSEMBLED AT THE I wish to recognize his accomplishments for reigns as a strong leader since his youth, he ANNISTON ARMY DEPOT the residents of Fresno County, as well as has been a pillar of strength within his com- commend him on a life well lived. munity, and his ceaseless dedication to the HON. MIKE ROGERS In 1986, Don and I worked together to pass Jaffa Shrine is unparalleled. In the 43 years OF ALABAMA ‘‘Measure C’’ before the Fresno County voters. that Sir Long has had a significant hand in the IN THE HOUSE OF REPRESENTATIVES This groundbreaking legislation established Shrine’s operations, it has become a driving Tuesday, February 8, 2005 Fresno County as one of the Nation’s first force of service in the area by implementing Mr. ROGERS of Alabama. Mr. Speaker, I ‘‘self-help’’ communities. The money collected new and improved health care technology in rise today to pay tribute to the employees at through this measure allowed Fresno resi- its hospitals, expanding the temple’s infra- the Anniston Army Depot who have reached dents to build their own roads when our State structure, and increasing the laughter and an important milestone on behalf of our Na- Government could not. Through his expertise happiness among everyone involved. and management, Don invested the measure’s tion’s military. It was during the 1980s, a period in which On January 12, 2005, the 1000th Stryker proceeds to finance many severely needed Sir Long held significant positions within the was assembled at the Anniston Army Depot. rural and urban roads in Fresno County. As a Shrine, that Shrines all across North America This was a proud day for the citizens of north- result, residents and visitors to Fresno County east Alabama, Mr. Speaker, and was the di- today enjoy Route 41, SR 168 and SR 180, experienced the greatest expansion in their rect result of the hard work and dedication of among others. These roads are vital to Fresno history. The hospitals treated unprecedented thousands of workers from across our commu- County’s continued growth and expansion. numbers of children in need, Temples and Shrines expanded both in physical structure nity. Don’s 18 years of service as Executive Direc- Assembled right here in Calhoun County, tor of Fresno County Transportation Authority and in membership, and the feeling of brotherhood spread even further. His uncompro- the Stryker is a transformational vehicle that realized the success we knew Measure C will help protect our forces far into the 21st would bring to Fresno, and I do not believe mising sense of duty to the community in which he lives has been a source of inspira- century. The troop carrier is part of a new that the height of this success could have generation of wheeled vehicles for our military, been realized without him. tion, and the impact he has had is immeas- urable. and will allow the Army to more safely and ef- Don possessed a great spirit, sense of ficiently transport soldiers on the field of battle. humor, and a keen intellect. Knowing him, it For his incomparable generosity, service to Not only has the Stryker proven its tactical was hard not to like him. He made me laugh, the Jaffa Shrine, and unabated commitment to value in Iraq, Mr. Speaker, but it has also and the breadth of his interests was compel- excellence, Sir Raymond A. Long deserves helped better protect the lives of countless sol- ling. the highest recognition. Throughout his tenure diers. Knowing Alabama workers helped make Of course, Don cannot claim sole responsi- within the Shrine, Sir Long has not only en- this advancement possible is a great honor for bility for his accomplishments. The love and riched the lives of the other members, but of our community. support of his beautiful and devoted wife, those in the surrounding communities who I salute the employees of the Anniston Army Deborah, enhanced and permitted his suc- have undoubtedly benefitted from the charity, Depot for their ongoing dedication to the cesses. Don is also survived by his two sons, education and service that they have repeat- Stryker project, and thank them for their serv- three daughters, and eight (soon to be nine) edly provided. The legacy he has created is ice to our Nation and to our men and women grandchildren. Don was deeply devoted to his one that every American should emulate, and serving on the front lines overseas. his contributions will not go unnoticed by the family, and this devotion was returned in kind. f Mr. Speaker, I am blessed to have known organization for which he has served nor the Don DeMers, and I will remember him. Don, community in which he lives. I would like to MILESTONE FOR DEMOCRACY you will be greatly missed. congratulate Sir Long on his many accom- f plishments, and I wish him the best of luck as HON. MARILYN N. MUSGRAVE he continues his admirable service to the peo- OF COLORADO RECOGNIZING SIR RAYMOND A. ple of Blair County. IN THE HOUSE OF REPRESENTATIVES LONG Tuesday, February 8, 2005 f HON. BILL SHUSTER Mrs. MUSGRAVE. Mr. Speaker, I wish to submit this article from my predecessor Rep- OF PENNSYLVANIA A PROCLAMATION RECOGNIZING resentative Bob Schaffer detailing his experi- IN THE HOUSE OF REPRESENTATIVES MR. ROBERT WILSON ences in the recent Ukrainian elections. Thank Tuesday, February 8, 2005 you. Mr. SHUSTER. Mr. Speaker, I rise today to HON. ROBERT W. NEY [From the Denver Post, Jan. 25, 2005] recognize Sir Raymond A. Long, in honor of MILESTONE FOR DEMOCRACY his dedication a commitment to the well being OF OHIO (By Bob Schaffer) of his community and the Jaffa Shrine. For the IN THE HOUSE OF REPRESENTATIVES A milestone in the democracy movement past 43 years, as Colonel of Units for the occurred Sunday as Ukrainians inaugurated Shrine, Sir Long’s guidance has been the Tuesday, February 8, 2005 Viktor Yushchenko, their third president source of security and stability and his impact since declaring independence from the Soviet Mr. NEY. Mr. Speaker: Union in 1991. has been widely respected. He succeeded outgoing President Leonid Since the beginning, Sir Long has consist- Whereas, Robert Wilson has served as the Kuchma, whose administration, with the ently exhibited the qualities to which he is mayor of Toronto, Ohio for thirteen years; and help of Russian President Vladimir Putin, committed, sharing with his community a Whereas, Mr. Wilson oversaw projects in went to extraordinary lengths to steer the moral code based upon honesty, strength of Toronto including the Sloan Station Square, election outcome toward Viktor character, and the highest standard of ethics. Yanukovych. This time, their attempts— the Veterans Victory Pavilion, Newburg Land- legal and otherwise—were just not enough. His values go hand-in-hand with the Shrine’s ing, and the installation of the beautification The inauguration of Yushchenko caps an creed and his vision for a greater, more influ- committee; and unprecedented marathon election marked by ential brotherhood has been adopted by the Whereas, Mr. Wilson maintained a friendly, rampant election fraud, voter intimidation, Shrine with open arms. Through the Jaffa assassination attempts, the presence of Rus- Shrine’s community outreach initiatives, count- caring, and hardworking demeanor not only in sian troops and appeals to the nation’s top less children have benefitted from orthopaedic, his post as mayor, but also in his personal life. court. Last Thursday, the end became cer- burn and spinal cord care free of charge and He should be commended for the leadership tain as the Supreme Court rejected the quality of life within the community has im- he provided to the people of Toronto and the Yanukovych’s last desperate appeal. surrounding area. Yushchenko is Ukraine’s former prime min- proved because of its effluence of optimism. ister. His performance established him as a Sir Long has connected with citizens in the Therefore, I join with the entire 18th Con- leader with pro Western leanings. His pench- area in a way that few are able. Since 1938, gressional District of Ohio in celebrating Mr. ant for privatization, free markets and pri- when he first joined DeMolay, Sir Long has Robert Wilson’s service to the Village of To- vate-property rights put him in the cross- worked diligently to make positive changes ronto, Ohio. hairs of Ukrainian and Russian oligarchs

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A08FE8.031 E08PT1 February 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E177 whose tremendous wealth is built upon ex- RECOGNIZING MR. BRADLEY ute to Mary Beth Scow for her dedication to clusive government deals and on the backs of DAVID DEBRASKA Clark County students and her commitment to Ukraine’s working class. excellence in education. I thank her for her These same Ukrainian commoners define HON. F. JAMES SENSENBRENNER contribution and I urge my colleagues to rec- the ‘‘Orange Revolution,’’ named after OF WISCONSIN ognize in their own communities, the contribu- Yushchenko’s campaign color. I was in IN THE HOUSE OF REPRESENTATIVES tions of great leaders in education. Ukraine as an election monitor during the f start of the revolution and witnessed mil- Tuesday, February 8, 2005 lions of Ukrainians pouring into Kiev’s Inde- Mr. SENSENBRENNER. Mr. Speaker, I rise COMMENDING PALESTINIAN PEO- pendence Square. today to recognize the retirement of Mr. Brad- PLE FOR HOLDING FREE AND The protest was sparked when the govern- ley David DeBraska, a police officer with the FAIR PRESIDENTIAL ELECTION ment announced fraudulent election results Milwaukee Police Department. It gives me SPEECH OF and tried to hand Yanukovych a false vic- great pleasure to join the International Union tory. Demonstrators stayed in the streets for of Police Associations in recognizing his serv- HON. ADAM B. SCHIFF weeks in sub-zero weather demanding a new OF CALIFORNIA election and an end to corruption. ice to the Milwaukee community. Mr. DeBraska has honorably served the po- IN THE HOUSE OF REPRESENTATIVES Yushchenko’s election is important for two lice force since 1977. He worked tirelessly as Wednesday, February 2, 2005 reasons. First, with the help of international a Police Officer, and for the past twelve years observers (including several Coloradans), Mr. SCHIFF. Mr. Speaker, I would like to Ukrainians conducted a legitimate election has served dual roles as a Police Liaison Offi- join my colleagues in offering my congratula- in the face of difficult odds. cer and Detective. Mr. DeBraska’s service tions to the Palestinian people on the recent also extends to numerous Boards and Asso- Given the history of oppression in Ukraine, election of Mahmoud Abbas as the second the election is a triumph of courage. Today’s ciations, helping to guide several police and president of the Palestinian Authority. Ukrainians are the grandchildren, children community organizations. In addition, he faith- After 4 long years of terror and bloodshed, and survivors of Stalin’s engineered famine fully served the residents of Wisconsin as a the hope for peace that has spread through of 1932–33. For generations, they have seen member of the University of Wisconsin Board Israel and the Palestinian Territories in the last that Ukrainians who challenge governing au- of Regents. He has truly fulfilled his duty as a two-and-a-half months has been welcomed by thorities often die untimely deaths. citizen of this country. Israelis and Palestinians. Not since the heady The election is also a triumph for women. I am proud of the work that Mr. DeBraska days following the signing of the Oslo Accords In 35,000 polling stations throughout has accomplished in his 28 years of service. in September 1993, has there been this much Ukraine, it was the women who insisted on a Once again, I congratulate him. I wish Mr. optimism for better relations between Israel transparent election. They were the brave DeBraska a healthy and happy retirement. and the Palestinians. volunteers who stood up to thugs, dressed f I have been encouraged by the deepening down armed government agents and enforced contacts between Israelis and Palestinians fol- the rules to protect the ballot box. RECOGNIZING MARY BETH SCOW lowing the death of Yasser Arafat and I am Indeed, the Patrick Henry of Ukraine is hopeful that next week’s summit in Egypt be- Yulia Tymoshenko, a parliamentarian who HON. JON C. PORTER tween Prime Minister Ariel Sharon and Presi- marshaled the masses in the peaceful, pur- OF NEVADA dent Abbas will lay the groundwork for cooper- poseful and well-organized Orange Revolu- IN THE HOUSE OF REPRESENTATIVES ative planning as Israel prepares to pull out of tion. Tymoshenko is emblematic of Ukrain- Gaza and parts of the West Bank later this ian women. Their leadership has made the Tuesday, February 8, 2005 year. Planning and coordination between greatest difference in Ukrainian politics, Mr. PORTER. Mr. Speaker, I rise today to business, academia and culture. Israeli and Palestinian security forces would recognize the achievements of Mary Beth improve the chance for a peaceful transition to For Ukrainians, Yushchenko represents Scow and her contributions to excellence in Palestinian control in Gaza. unleashed opportunity. Ukraine’s massive public education. As a current representative I also hope that the election of President underground economy has the potential to of District A of the Clark County School Dis- Abbas will finally mark a clear rejection of ter- become one of the most powerful economies trict Board of Trustees, Mrs. Scow has been in Europe. Yushchenko understands this. rorism by the leadership of the Palestinian Au- an outspoken voice and is honored for her thority. For too long, Yasser Arafat would say He has charted an ambitious agenda for re- contributions. I stand today to praise her for one thing to Israelis and Americans and an- forming Ukraine’s economic institutions her continued leadership and passion in im- other to his own people about the centrality of with an emphasis on attracting foreign in- proving education in southern Nevada. vestment and improving domestic produc- renouncing violence. President Abbas appears tivity. Ukraine’s economy is quite strong. Mrs. Scow, a Denver native, has been a to understand that terrorism has brought only Last year’s increase in its gross domestic resident of southern Nevada for the past 25 suffering to his people and that the only path product was among the highest in the world. years. She graduated cum laude from to statehood for the Palestinian people is the Brigham Young University with a bachelor’s A country of 48 million, Ukraine has a path of negotiation. highly educated workforce and nearly 100 degree in community health education. She Although President Abbas won the presi- percent literacy. It is the second-largest and her husband Steve are the proud parents dency by a healthy margin in last month’s country in Europe, has abundant natural re- of nine children, all educated in the Clark election, he has no real base of political sup- sources, contains the planet’s richest soil County School District. The entire family has port with the PA, nor does he enjoy great pop- and enjoys a geographic location conducive been very involved in community sports, music ular support among the Palestinian electorate. to trade. and church activities. Thus, he will need to build support by dem- In anticipation of a Yushchenko presi- With a vision to help prepare Clark County onstrating to the Palestinians that he can ne- dency, foreign investors have been busting students for higher education and for success- gotiate effectively with Israel and by securing down the doors of Kiev in search of ground- ful future careers, Mrs. Scow has been an out- U.S. political and economic assistance. floor opportunities. Yushchenko’s promise to spoken voice for Clark County students. Elect- I know that the Israeli government under- accelerate NATO cooperation, European ined to the board of school trustees in 1996, stands the tenuousness of President Abbas’s tegration and Western economic standards is Mrs. Scow has proven her leadership qualities situation and has both sought to build con- underscored by his immediate travel sched- by serving two terms as president of that fidence in him by easing up on security ule. This week he heads to a meeting of the body. In addition, she has served on various clampdowns in the territories and by showing Council of Europe, then to the World Eco- nomic Forum in Davos, Switzerland. educational committees and zoning task restraint in not responding to a series of in- forces. In her community, she leaves a legacy flammatory statements by Abbas during the Colorado shares many common features to the Sunset Area Council of PTA as a recent campaign. with Ukraine which have led to partnerships former president and to her local Boy Scout President Bush’s request for $350 million in in agriculture, mineral extraction, medicine, space development and education. Strength- chapter as den leader. assistance to the Palestinians is an important ening these partnerships in the Yushchenko Mr. Speaker, it is with great pride that I signal that the United States also sees Presi- era presents a solid opportunity for Colo- stand today to pay tribute to a visionary lead- dent Abbas as a serious partner in the search radans to help secure democracy and free- er, committed parent and public servant. I join for peace between Israel and Palestinians. I dom in Ukraine while expanding trade here with the William McCool Science Center at share the President’s vision of Israel and Pal- at home. Frank Lamping Elementary School to pay trib- estine living side-by-side in peace and I am

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.035 E08PT1 E178 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 2005 glad to see that he has backed up that vision Sisters of St. Joseph of Orange, for her life- Rev. Darnell joined The Community Church of with a substantial request for U.S. assistance. time of service attending to the spiritual and Little Neck as a Pastor. During his 53-plus f health care needs of others. year tenure with the Church, Rev. Darnell Sister Ann is retiring from a long and distin- oversaw tremendous growth in the congrega- SUPPORT OF THE ASSURED FUND- guished career as a health care administrator tion’s membership and a considerable expan- ING FOR VETERANS HEALTH with the St. Joseph Hospitals System of Cali- sion of the church facilities. Upon his retire- CARE ACT fornia. She served as Vice-President of spon- ment, Rev. Darnell was named Pastor Emer- sorship for St. Joseph’s Hospital of Humboldt itus of The Community Church of Little Neck, HON. SANDER M. LEVIN County from 1992 to 2005. She formerly and he continued his faithful service to Little OF MICHIGAN served as the administrator for St. Joseph Neck and the surrounding communities by IN THE HOUSE OF REPRESENTATIVES Hospital, in Orange from 1961 to 1972; and performing weddings, baptisms, funerals, and Tuesday, February 8, 2005 CEO of Queen of the Valley Hospital in Napa supplying pulpits until the age of 95. from 1971 to 1992. Under her leadership, the Mr. LEVIN. Mr. Speaker, I rise today in sup- In addition to his church service, Rev. Children’s Hospital of Orange County was es- Darnell has received numerous awards and port of Congressman EVANS’ legislation, the tablished. During her tenure at Queen of the Assured Funding for Veterans Health Care accolades. He helped found the Great Neck Valley she established a dental clinic for the Act, and am proud to be an original cospon- Clergy Association to fight anti-Semitism and poor, now called Sister Anne Dental Clinic, de- sor. This legislation will guarantee that vet- promote brotherhood, tolerance, and under- veloped specialized cancer programs and cre- erans receive the health care they have standing among the different religious tradi- ated the system’s first home health care. tions represented in the community. Rev. earned and deserve. Throughout her long career, Sister Ann has With an increase in the number of veterans Darnell also served as the Director and Trust- been a tireless champion for the poor and an seeking care, a dramatic rise in medical costs, ee of the New York State Christian Endeavor advocate for the vulnerable. She has been and years of inadequate VA health care fund- Union Summer Assemblies, as a commis- generous with her time and energy and is ing, there is a clear and growing mismatch be- sioner to the General Assembly of The United highly regarded by those who have had an op- tween the demand for VA services and avail- Presbyterian Church, and on various commit- portunity to work with her. She has played a able funds to support these services. The tees of the New York City Presbytery. large role in improving the lives of thousands number of patients entering the VA health Local and family values have always been of people. of the utmost importance to Rev. Darnell. He care system has increased by 134 percent In Humboldt County, Sister Ann’s force of since 1996, but funding for medical care has and his wife, Dorothy, celebrated their 75th compassion brought together a myriad of re- wedding anniversary this past September, to- increased just 44 percent. This has resulted in sources to fund homeless programs, winter unprecedented waiting times for routine and gether with their three children, seven grand- shelters and improved dental health for poor children, and nine great-grandchildren. specialized medical care nationwide. In my children. She has been unflaggingly supportive home state of Michigan, some veterans are Mr. Speaker, I commend The Reverend of efforts to expand rural healthcare services, Warren E. Darnell for his 75 years of dedi- waiting more than 6 months for an initial doc- particularly for battered women and underprivi- tor’s appointment. This situation is untenable. cated service to his community. As a pastor, leged children. community leader, husband, and father, Rev. The reason for this problem is evident and In 1992, I had the privilege of naming Sister so is the solution. Every year, veterans have Darnell has contributed much to the great Ann ‘‘Woman of the Year’’ for the 2nd Senate many lives he has touched. In recognition of to fight with a myriad of non-veterans’ pro- District of the California State Senate. She is grams to receive the money necessary for this, I ask my colleagues in the House of Rep- the past recipient of the ‘‘Value in Action resentatives to please join me in honoring The their health care treatment. To end this annual Award for Justice’’ presented by the St. Jo- budget battle, the Assured Funding for Vet- Reverend Warren E. Darnell as he celebrates seph Health System. his 100th birthday. erans Health Care Act would require Congress Sister Ann entered the order of St. Joseph f to meet our veterans’ medical care needs by of Orange in 1944; she received her RN from providing funding for VA health care based on Mary’s Help Hospital, now called Cedar Sinai TRIBUTE TO ART STAMPER the number of enrollees in the system and Medical Center, in San Francisco. She was medical inflation. trained as an obstetrics nurse. She is the HON. BEN CHANDLER This is legislation that Members on both daughter of John and Mary McGuinn of San sides of the aisle should support. In fact, a OF KENTUCKY Francisco. IN THE HOUSE OF REPRESENTATIVES commission established by the White House, Mr. Speaker, it is appropriate at this time the President’s Task Force to Improve Health that we recognize Sister Ann McGuinn for her Tuesday, February 8, 2005 Care Delivery for Our Nation’s Veterans, compassion, leadership and commitment to Mr. CHANDLER. Mr. Speaker, it is with issued a report in March 2003 noting the mis- families and the less fortunate and for her ex- great honor I rise today to pay tribute to one match between veterans’ needs and VA serv- traordinary record of public service to the peo- of Kentucky’s finest musicians, Art Stamper. ices, and recommending guaranteed funding ple of the State of California. Nationally acclaimed in Bluegrass music, Art to fix this problem. To date, the Administration f Stamper began playing the banjo and fiddle has refused to endorse, or even to acknowl- before age 10. His first fiddle had a self-made CELEBRATING THE 100TH BIRTH- edge, the Task Force’s recommendation. bow and Art taught himself how to play his The current system is not serving our vet- DAY OF THE REVEREND WAR- first song. One of 4 sons and 3 daughters of erans well. The VA must have a sufficient REN E. DARNELL the late Martha and Hiram Stamper, Art budget to effectively manage its health care Stamper was born in 1933 in a log house in programs, to hire the appropriate number of HON. GARY L. ACKERMAN Knott County, Kentucky. Art Stamper got his staff, and to adequately plan for the coming OF NEW YORK love of music from his father. Hiram Stamper year well in advance. Guaranteed veterans’ IN THE HOUSE OF REPRESENTATIVES was an accomplished musician, and Art quick- health care funding would end the year-to-year Tuesday, February 8, 2005 ly followed suit, becoming a professional musi- uncertainty the VA and our veterans face, and cian by age 16. Art Stamper helped define the would fulfill the obligation this country has to Mr. ACKERMAN. Mr. Speaker, I rise to cel- music we now call Bluegrass. During his ca- the men and women who served in uniform. ebrate the 100th birthday of The Reverend Warren E. Darnell and to honor his 75 years reer and travels around the world, he worked f of service to his community. with Bill Monroe, the Stanley Brothers, the HONORING SISTER ANN MCGUINN, Eager to begin his work in this world, Rev. Osborne Brothers, the Goins Brothers, Larry HUMBOLDT COUNTY, CALIFORNIA Darnell was born before the doctor arrived at Sparks, Jim & Jesse, Bill Clifton and J.D. his parents’ home on February 4, 1905. From Crowe. HON. MIKE THOMPSON nearly that day forward, Rev. Darnell has dedi- Art Stamper is not only known as a master fiddler but also for his mastery as a hair- OF CALIFORNIA cated his life to helping others. He graduated dresser. He won many awards as owner of IN THE HOUSE OF REPRESENTATIVES from Hanover College in 1928, and went on to study at the Union Theological Seminary, re- Louisville’s The Way of Art. Art never stopped Tuesday, February 8, 2005 ceiving his Master of Divinity Studies in 1931. playing the fiddle as other musicians would Mr. THOMPSON of California. Mr. Speaker, Shortly after completing his education and come for haircuts and play while waiting their I rise today to honor Sister Ann McGuinn, of being ordained by the Presbyterian Church, turn.

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.039 E08PT1 February 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E179 Art Stamper is the father of two sons and lessons learned from the recent presidential Exceptional Service Medal, the Presidential one daughter and husband of Kay Kawaguchi election to the parliamentary elections sched- Rank Award of Meritorious Service, the Gov- Stamper. Mr. Speaker, Art Stamper passed uled later this year. ernment Information Technology Award, the away on Sunday, January 23, 2005, but will The Palestinian Presidential elections of Fed 100 Award, 3 separate years, the Industry always be remembered for his endless con- January 9, 2005, and the upcoming parliamen- Advisory Council’s Outstanding Individual Gov- tributions to society and especially that of tary elections scheduled this July represent an ernment Communicator Award, and the Amer- Bluegrass music. historic opportunity for Palestinians to affirm ican Council for Technology’s John J. Franke f their various political expressions and forge a Award for Extraordinary Contributions to Long government that can respond to their needs. Term Federal Service. She leaves behind a COMMENDING PALESTINIAN PEO- It is clear the Palestinians want institutions long list of accomplishments in her distin- PLE FOR HOLDING FREE AND that are transparent and accountable. The guished career of service to our Nation. FAIR PRESIDENTIAL ELECTIONS United States, Israel, and the rest of the inter- Mr. Speaker, in closing, I would like to ex- national community should do all they can to tend my best wishes to Ms. Bates on her re- SPEECH OF eradicate the sources of extremism that under- tirement as commissioner of the Federal Tech- HON. HENRY J. HYDE mine moderate Palestinian leadership. Such nology Service. While I know that she will be OF ILLINOIS actions will foster democratic development greatly missed, her retirement is well de- IN THE HOUSE OF REPRESENTATIVES among the Palestinians and enable their elect- served. I call upon my colleagues to join me ed institutions to produce constructive results in honoring Ms. Bates and in wishing her the Wednesday, February 2, 2005 for its people. best of luck in all future endeavors. Mr. HYDE. Mr. Speaker, today I rise in sup- I am encouraged by Abbas’ recent decision f port of H. Res. 56, ‘‘commending the Pales- to ban the use of unregistered weapons by ci- WE NEED TELECOM REFORM tinian people for holding recent elections.’’ vilians. Such steps, matched by cooperation This resolution is a reflection of our support for on the part of Israel, will assist President the Palestinian people and their determination Abbas’ determination to restore rule of law in HON. JOE WILSON OF SOUTH CAROLINA to build a viable Palestinian State based on the Occupied Territories. IN THE HOUSE OF REPRESENTATIVES freedom and empowered democratic institu- I congratulate President Abbas and look for- tions. ward to his success in achieving the national Tuesday, February 8, 2005 I strongly support our President when he aspirations of the Palestinian people and his Mr. WILSON of South Carolina. Mr. Speak- stated, ‘‘The United States stands ready to role in bringing peace to the Holy Land. er, I rise today to speak on the anniversary of help the Palestinian people realize their aspi- Mr. Speaker, I support this resolution and its one of the hardest fought legislative battles of rations.’’ The election of President Mahmoud passage. the last decade and to discuss the need for Abbas is an encouraging step in that direction. f improving it this year. The election of new Palestinian leadership It was 9 years ago this week that Congress and Labor’s entry into the Israeli Government HONORING SANDRA BATES, COM- last passed comprehensive telecom reform. have changed the circumstances and expecta- MISSIONER OF THE FEDERAL The biggest issues then were how best to pro- tions surrounding the Middle East peace proc- TECHNOLOGY SERVICE vide competition in both local and long dis- ess. The newly elected Palestinian leadership tance telephone service and to ensure that ev- and Israel should take advantage of this op- HON. TOM DAVIS eryone, including those in rural areas, has ac- portunity and implement concrete steps to OF VIRGINIA cess to phone service. support the emergence of a viable, credible IN THE HOUSE OF REPRESENTATIVES In the last 9 years we have seen advance- Palestinian state. Tuesday, February 8, 2005 ments in communication technology that could The United States has a vital national secu- not have been envisioned. Near universal ac- rity interest in a Middle East in which two Mr. TOM DAVIS of Virginia. Mr. Speaker, I cess to the Internet, development and deploy- states, Israel and Palestine, will live side by rise today to honor Sandra Bates for over 36 ment of broadband technology, more wireless side in peace and security, based on the years of dedicated service to the Federal Gov- phones in service than wireline accounts, e- terms of United Nations Security Council Res- ernment. mail on the go and cable, phone, and satellite olutions 242 and 338. A stable and peaceful Sandra Bates has finished off an illustrious companies all vying to deliver an entire suite Palestinian state is necessary to achieve the career in the Federal Government. She started of video and communications services to a security that Israel longs for. out in 1969 as intern with the General Serv- growing marketplace. New technologies and The Palestinian elections represent a vital ices Administration. She worked her way up industries unfettered by the constraints of old part in that process. Over 800 international ob- as an agency liaison for telecommunications rules have competed vigorously for con- servers monitored the recent elections. Among and automatic data processing acquisitions on sumers’ business, transforming forever the them were 80 observers led by former Presi- the original governmentwide long distance way business and consumers get information dent Jimmy Carter, who stated that, services program, FTS, before moving on to and communicate with one another. There is no doubt that the will of the Pal- the National Aeronautics and Space Adminis- Unfortunately, our telecom laws have not estinians was adequately expressed, that Abu tration in 1979. While at NASA, she served in kept pace with growing demand for choice and Mazen has the support and respect of his peo- various telecommunications positions until competition in the marketplace. Some indus- ple, and that he is dedicated to the peaceful 1993 when she was named chief of commu- tries continue to operate under arcane regula- pursuit of a peace agreement.... nications with responsibility for all NASA oper- tions that stifle ingenuity, hinder job creation, Palestinians from all walks of life partici- ational, command, and control networks world- and bottle up needed economic investment. pated in the Presidential elections, rep- wide. These same regulations also place the burden resenting approximately 70 percent of eligible She returned to GSA in 1996 and assumed of meeting our shared national priorities of uni- voters. Young and old, women and men, even the positions of assistant commissioner for versal phone service and 911 emergency those with serious physical disabilities, were service and delivery and deputy commissioner services squarely on the shoulders of a single determined to play their role in building a bet- in the Federal Technology Service before tak- industry—the local phone companies. ter future. ing over the role of commissioner of the Fed- Our Nation’s telecom laws are due for some The Palestinian Central Election Commis- eral Technology Service in April 2000. As badly needed, free-market reforms, changes sion should also be commended for its com- commissioner, she has, among other things, that will build upon the successes of the last mitment to ensure free and fair elections and successfully guided the Federal Technology 9 years in terms of innovation and product de- for facilitating a process whereby Palestinians Service through the most recent edition of the livery while also addressing the issues of so- could vote in a positive voting atmosphere. governmentwide telecommunications program, cial responsibility and competition. Unlike what Commission representatives trained more than FTS 2001. we did in 1996, these new telecom laws must 16,000 electoral officials to staff the 2,800 poll- Throughout her career as a civil servant, do more to anticipate advancements and cre- ing sites throughout the West Bank and Gaza Sandra Bates has been active in the federal ate a mechanism where the playing field is and conducted their operations in a profes- technology community, serving in leadership level for every company that wishes to com- sional way. Every election is a learning experi- roles with a number of government and indus- pete. ence, and I support the Palestinian Central try councils and associations. She has re- Specifically, we face some daunting chal- Election Commission in its request to apply ceived numerous awards, including NASA’s lenges. The United States—despite being the

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.043 E08PT1 E180 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 2005 country that invented the Internet—ranks 13th gress of Racial Equality and the Southern that opportunity in Fayette County, Tenn., a in the world in broadband deployment, there Christian Leadership Conference. SNCC in few miles from his childhood home. Seven are millions of jobs and billions of dollars in those years was the edgier, more aggressive hundred families of sharecroppers had been organization, pushing the South specifically evicted from their homes for registering to potential investment waiting to be unleashed and the nation generally toward change. vote. Joining a program sponsored by the by a telecom marketplace free of excessive On numerous occasions, Mr. Forman him- Congress of Racial Equality, he helped pub- regulations and Universal Service and 911 ac- self was harassed, beaten and jailed during licize the farmers’ plight, distributed food cess must, again, be the responsibility of all forays to register voters and organize pro- and registered voters. the companies in the telecom marketplace. tests in communities willing to use any In the summer of 1961, he was jailed with In much the same way healthy, abundant means necessary, including terror, intimida- SNCC-organized Freedom Riders who were competition for mobile phone service has en- tion and murder, to resist the dismantling of protesting segregated facilities in Monroe, the region’s rigid system of segregation. N.C. After his sentence was suspended, he abled nearly every community in the United ‘‘Accumulating experiences with Southern went to work full time for SNCC. States to have access to a wireless phone sig- ‘law and order’ were turning me into a full- One of Mr. Forman’s early challenges was nal, so too can vigorous competition deliver on fledged revolutionary,’’ Mr. Forman wrote, to referee an internal dispute between SNCC President Bush’s commitment of universal recalling his experiences of 1962 and 1963. Al- activists who believed in direct action—sit- broadband service. A study by the New Millen- though he moved increasingly leftward dur- ins, demonstrations and other forms of con- nium Research Council shows that 1.2 million ing his years at SNCC, he was edged out of frontation—and those who believed voter jobs can be created and over $50 billion in the organization in the late 1960s when registration was the most effective path to political empowerment. Mr. Forman main- new investment in broadband technologies Stokely Carmichael, H. Rap Brown and other, younger members considered him in- tained there really was no distinction. can be brought about by ubiquitous broadband sufficiently militant. ‘‘The brutal Southern sheriffs,’’ he wrote a deployment. When Mr. Forman joined SNCC in 1961, it few years later, ‘‘didn’t care what kind of In the past, we have made it incumbent was a loose federation of student organiza- ‘outside agitator’ you were; you were black upon local phone companies to ensure that tions housed in a grubby, windowless room and making trouble and that was enough for in Atlanta, across the street from the offices them.’’ basic phone service and 911 emergency He also wrestled, as did most SNCC mem- needs were met. These services are important of the Southern Christian Leadership Con- ference on Auburn Avenue. As an Air Force bers, with the meaning and utility of non- to our rural and local safety communities and violence. Unlike his friend and SNCC cohort must be protected. Now, however, it is unfair veteran who was about a decade older than most of those involved with SNCC, he had John Lewis, who considered nonviolence a way of life, Mr. Forman considered it a tac- to ask only a handful of companies to bear the the drive and experience, as well as the ad- tic, nothing more. There were times, he be- burden of ensuring the success of the Uni- ministrative abilities, to give focus to the lieved, when self-defense—fighting back— versal Service Fund and it is dangerous to organization, universally pronounced was absolutely necessary. allow some companies offering phone services ‘‘Snick.’’ Appointed executive secretary Mr. Forman also was often at odds with to opt out of providing 911 services. within a week of his arrival, he set about Martin Luther King Jr. and the Southern In closing, Mr. Speaker, we have a respon- paying old bills, radically expanding the Christian Leadership Conference. In 1961, for sibility this year to revisit our Nation’s outdated staff and planning logistics for direct action example, Mr. Forman objected to King’s in- and arcane telecom laws. A responsibility to efforts and voter-registration drives in Mis- volvement in the Albany Movement, a boy- sissippi, Alabama, Georgia and elsewhere. cott, sit-in and voter registration drive our constituents to ensure that telecommuni- ‘‘He imbued the organization with a cama- cations competition provides choices. A re- SNCC initiated in Georgia. raderie and collegiality that I’ve never seen ‘‘A strong people’s movement was in sponsibility to our economy to institute a in any organization before or since,’’ said Ju- progress, the people were feeling their own telecom policy that spurs job creation and in- lian Bond, chairman of the NAACP and strength grow,’’ he wrote some years later. vestment. A responsibility to our communities SNCC’s communications director during Mr. ‘‘I knew how much harm could be done by that their broadband and 911 safety needs will Forman’s tenure. interjecting the Messiah complex—people ‘‘Jim performed an organizational miracle would feel that only a particular individual be met. And, finally, a responsibility to future in holding together a loose band of non- telecom advancements that we will allow them could save them and would not move on violent revolutionaries who simply wanted their own to fight racism and exploitation.’’ to flourish and compete so that the United to act together to eliminate racial discrimi- King came to Albany, spoke and left. States is, once again, the global telecommuni- nation and terror,’’ said Del. Eleanor Holmes SNCC’s work in the area continued for the cations leader. Norton (D–D.C.), who was a member of next couple of years. SNCC. ‘‘As a result, SNCC had an equal place f In the summer of 1964, Mr. Forman’s SNCC at the table with all the major civil rights brought almost a thousand young volun- TRIBUTE TO MR. JAMES FORMAN organizations of the 1960s.’’ teers, black and white, to register voters, set James Forman was born in Chicago on Oct. up ‘‘freedom schools,’’ establish community 4, 1928, and spent his early years living with centers and build the Mississippi Freedom HON. BENNIE G. THOMPSON his grandmother on a farm in Marshall Coun- Democratic Party. Among those volunteers OF MISSISSIPPI ty, Miss. When he was 6, his parents took were Andrew Goodman, James Chaney and IN THE HOUSE OF REPRESENTATIVES him back to Chicago, although he often Michael Schwerner, the three young men spent summers in Mississippi. Until he was a murdered along a muddy road near Philadel- Tuesday, February 8, 2005 teenager, he used the surname of his step- phia, Miss., in June 1964. (According to Ju- Mr. THOMPSON of Mississippi. Mr. Speak- father, John Rufus, a gas station manager, lian Bond, Mr. Forman was probably not er, I would like to recognize the life and legacy unaware that his real father was a Chicago aware in the last days of his life that Edgar cabdriver named Jackson Forman. Ray Killen, a preacher and sawmill operator, of Mr. James Forman, former executive sec- He graduated with honors from Chicago’s had been recently charged with the mur- retary for the Student Nonviolent Coordinating Englewood High School in 1947 and served ders.) Committee. In tribute to Mr. Forman, I would with the Air Force in Okinawa during the Later that summer, Mr. Forman journeyed like to submit the following excerpt from the Korean War. After his discharge in 1952, he to Atlantic City, where he worked to per- Washington Post Article, Civil Rights Activist enrolled at the University of Southern Cali- suade Democratic Party officials to recog- James Forman Dies at 76; Key Organizer of fornia. nize the Mississippi Freedom Democratic SNCC, written by Joe Holley on Wednesday, Early in his second semester, in 1953, he Party at the Democratic National Conven- was falsely arrested, beaten and held for tion. Despite his efforts and despite the pow- January 12, 2005. three days by Los Angeles police. The experi- erful testimony of Fannie Lou Hamer, who James Forman, 76, who as executive sec- ence prompted a breakdown that briefly put told of being fired by her boss and beaten un- retary of the Student Nonviolent Coordi- him in a psychiatric hospital. Afterward, he conscious by the police for her work in sup- nating Committee in the early 1960s dis- returned to Chicago and enrolled at Roo- port of MFDP, the upstart party failed to patched cadres of organizers, demonstrators sevelt University. supplant the state’s party regulars. and Freedom Riders into the most dangerous He graduated in three years, planning to be ‘‘Atlantic City was a powerful lesson, not redoubts of the Deep South, died January 10 a writer or journalist. While doing graduate only for the black people from Mississippi of colon cancer at Washington House, a local work at Boston University, he wrangled but for all of SNCC and many other people as hospice. press credentials from the Chicago Defender well,’’ Mr. Forman wrote. ‘‘No longer was At the height of the civil rights movement, and took the train to Little Rock, where, in there any hope, among those who still had it, Mr. Forman hammered out a role for SNCC the fall of 1957, court-ordered school integra- that the federal government would change among the so-called Big Five, the estab- tion was being resisted. From there, he filed the situation in the Deep South.’’ lished civil rights organizations that in- a few stories and looked for opportunities to Despite Mr. Forman’s growing militancy, cluded the National Association for the Ad- organize mass protests in the South. SNCC dumped him and Lewis in 1966, replac- vancement of Colored People, the NAACP After working briefly as a substitute ele- ing them with Carmichael and Ruby Doris Legal Defense and Education Fund, the Con- mentary school teacher in Chicago, he found Smith Robinson.

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A08FE8.048 E08PT1 February 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E181 Mr. Forman, who always had been inter- safety. The Commercial Space Launch election held on January 9, 2005, and H. Res. ested in African liberation movements, went Amendments Act of 2004, P.L. 108–492, pro- 60 relates to the election held in Iraq on Janu- to Africa in 1967. In 1969, he helped organize hibits the Secretary of Transportation from ary 30, 2005. I rise today to say that I would the Black Economic Development Con- ference in Detroit, where a ‘‘Black Mani- issuing safety design and operating regula- have voted ‘‘yes’’ on both H. Res. 56 and H. festo’’ was adopted. He also founded a non- tions or even minimal safety requirements for Res. 60. profit organization called the Unemploy- individual licenses for the next eight years un- On Sunday, January 30, millions of Iraqis ment and Poverty Action Committee. less there is a potentially catastrophic incident. voted in a free election for the first time in On a Sunday morning in May 1969, Mr. The current statutory language amounts to, their lives. Many walked great distances and Forman interrupted services at New York in essence, the codification of what has come nearly all risked their lives to exercise this new City’s Riverside Church to demand $500 mil- to be known in aviation safety parlance as the right. Though I opposed the war, the election lion in reparations from white churches to ‘‘Tombstone Mentality.’’ For years, both I and that took place in Iraq is something to be cele- make up for injustices African Americans many of my colleagues on the Aviation Sub- brated. In addition to commending the people had suffered over the centuries. Although Riverside’s preaching minister, the Rev. Er- committee have criticized the FAA for waiting of Iraq, I would like to commend our men and nest T. Campbell, termed the demands ‘‘exor- until after a disaster to take safety actions, women in the armed services. Without their bitant and fanciful,’’ he was in sympathy and have urged more proactive safety over- hard work and bravery in developing and exe- with the impulse, if not the tactic. Later, sight. cuting a complex security plan, this most suc- the church agreed to donate a fixed percent- Supporters of the Commercial Space cessful election would not have been possible. age of its annual income to anti-poverty ef- Launch Amendments Act argued that safety Now that the people of Iraq have had a free forts. regulation would discourage experimentation election, we need to put our efforts into help- In the 1970s, Mr. Forman was in graduate and innovation. However, the Act went well ing them find ways to defeat the insurgency, school at Cornell University and received a master’s degree in African and African beyond these objectives and essentially tied involve all religious and ethnic persuasions in American studies in 1980. In 1982, he received FAA’s hands by totally banning any safety re- the political process and ensure that the rights a PhD from the Union of Experimental Col- quirements, except in post-accident cir- of minorities are protected as they continue to leges and Universities. cumstances where lives have already been draft a Constitution. A writer and pamphleteer, Mr. Forman lost. Under the Act, the FAA would be pre- In addition, it is important that the United moved to Washington in 1981 and started a vented from requiring even the simplest, least States look toward developing an exit strategy. newspaper called the Washington Times, expensive enhancements to protect safety of In reality, this should have been done before which lasted a short while. He also founded passengers on these space flights. we initiated military operations. We need to the Black American News Service. He was the author of ‘‘Sammy Younge Jr.: The First Mr. Speaker, my bill would amend the Com- continue to train and equip Iraqi security Black College Student to Die in the Black mercial Space Launch Amendments Act to forces. In order to properly do this, we need Liberation Movement’’ (1969), ‘‘The Making give the FAA the authority and flexibility to es- to have an accurate assessment of the capa- of Black Revolutionaries’’ (1972 and 1997) and tablish minimum safety regulations. My bill bilities of those forces now. ‘‘Self Determination: An Examination of the would not preclude innovation and, contrary to The free election in Iraq was an achieve- Question and Its Application to the African the claims of supporters of the Act, my bill ment that cannot be understated. That said, American People’’ (1984). would not require FAA to impose the same we have a vested interest in a secure and His marriages to Mary Forman, Mildred degree of regulation on the developing space democratic Iraq and while the election was an Thompson and Constancia Ramilly ended in divorce. travel industry that is imposed on the mature important milestone, we need to look ahead to Survivors include two sons, Chaka Esmond air transportation industry. Specifically, al- a time when our work over there is done and Fanon Forman of Venice Beach, Calif, and though my bill would require that FAA include, our troops can come home. James Robert Lumumba Forman Jr. of the in each license it issues, minimum standards Now, turning to the recent elections in the District; and one granddaughter. to protect the health and safety of crews and Palestinian Territories. I would like to com- In July, despite being weak from his long space flight participants, it would further re- mend Dr. Mahmoud Abbas on his election as struggle with cancer, Mr. Forman took a quire that, in imposing these standards, FAA the second President of the Palestinian Au- train from Washington to Boston during the must take into account the ‘‘inherently risky thority and the Palestinian people for making Democratic National Convention. He took part in a ‘‘Boston Tea Party,’’ in which nature of human space flight.’’ My bill would their voices heard. The elections on January 9 members of the D.C. delegation tossed bags give the FAA the flexibility to create a regu- were conducted under difficult circumstances, of tea into Boston Harbor to protest lack of latory structure governing the design or oper- including ongoing violence and a limited ability statehood and no vote in Congress. ation of a launch vehicle to protect the health for candidates to campaign. Despite these ‘‘It was said that on his deathbed, Fred- and safety of crews and space flight partici- challenges, an amazing 70 percent of reg- erick Douglass’s last words were, ‘Organize! pants as is necessary, without having to wait istered voters turned out, according to Dr. Organize!’ That’s what Forman did every day for a catastrophic failure to occur. Hana Nasir, head of the Palestinian Central of his life,’’ Bond said. ‘‘That’s what today’s Mr. Speaker, safety regulation need not be Election Commission. The Palestinian people, civil rights movement has forgotten how to incompatible with developing new technology. do.’’ political organizations, and presidential can- For example, although FAA has closely regu- didates all deserve praise for this significant I take great pride in commending Mr. James lated aircraft manufacturing since the 1920’s, step forward. Moreover, although voters in Forman for his work to curb racial segregation this regulation has not prevented major tech- East Jerusalem experienced difficulties, else- and win social justice in this country. nological progress, including the development where in the West Bank and Gaza Israel facili- f of jet aircraft in the 1950’s and all-composite tated the election process. For this Israel also general aviation aircraft in recent years. INTRODUCING A BILL TO ENHANCE deserves commendation. We can and should protect the safety of THE SAFETY OF COMMERCIAL International observers—including some of passengers on space flights in this new and SPACE FLIGHT our colleagues here—state that the elections emerging industry, without placing unreason- were free and fair. Allow me to share a few able limitations on industry development. I key observations of the International Observer HON. JAMES L. OBERSTAR urge my colleagues to join me in working to Delegation organized by the National Demo- OF MINNESOTA pass this important legislation. cratic Institute and the Carter Center. IN THE HOUSE OF REPRESENTATIVES f The election was contested vigorously and Tuesday, February 8, 2005 administered fairly. Election day was or- PERSONAL EXPLANATION derly and generally peaceful. Mr. OBERSTAR. Mr. Speaker, today I have The process, organized in just 60 days in introduced a bill to enhance the safety of com- HON. JOHN D. DINGELL accordance with the Palestinian Basic Law and under difficult circumstances of the on- mercial space flight by ensuring that the Fed- OF MICHIGAN going conflict and occupation, represents a eral Aviation Administration (FAA) has the au- IN THE HOUSE OF REPRESENTATIVES thority it needs to protect the safety of pas- step forward for Palestinian democracy. Tuesday, February 8, 2005 Seven presidential candidates competed in sengers of the emerging commercial space in- the election, presenting Palestinians with a dustry. Mr. DINGELL. Mr. Speaker, last week I choice among distinct points of view.... Mr. Speaker, I support commercial space missed two important votes relating to elec- This is a tribute to the seriousness of the po- exploration and the commercial space indus- tions in the troubled Middle East. H. Res. 56 litical competitors and to the Palestinian try, but not at the expense of totally ignoring commends the Palestinian people for the free people’s desire to respect political pluralism.

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.053 E08PT1 E182 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 2005 Following the death of Yasser Arafat, many are the signature dishes that have kept din- the civil rights workers were turned loose predicted that the Palestinian Authority would ers—famous and otherwise—coming back for and were alone out on the highway, they crumble into complete chaos. In fact, Pales- 75 years. Glen Miller, Debbie Reynolds, and would be stopped by a Mississippi Highway tinian institutions proved more resilient, and Safety Patrol car and turned over to the even former Sixth District Congressman Klan. (p. 336) the Palestinian people showed greater deter- Caldwell Butler are on the roster of Texas Billy Wayne Posey was among those who mination for peace and self-determination than Tavern aficionados, and so are Gerald Wil- attempted the Bonanza alibi, but in fact many expected. Consequently, the transition liams and Bill Ammons—two of the original Posey had been far too busy that day to of power from President Arafat to President customers who still eat there today. Estimates watch television. His role in the conspiracy Abbas stands as a model for the region to are that nine and a half million hot dogs and was to arrange for the disposal of the vic- emulate. 1,100 tons of pinto beans have been served to tims’ bodies, a grisly task easily as complex Mr. Speaker, the Palestinian elections of those who’ve sat at the small counter—rub- as setting them up to be done away with in the first place. After Goodman, Schwerner, January 9 were clearly a proud day for Pal- bing elbows with friends and foes alike but estinians and a very positive step forward in and Chaney were arrested late on the after- never leaving the restaurant unsatisfied. noon of June 21, Posey met with Olen the effort to broaden the reach peaceful, civil The Texas Tavern has operated in the best Burrage, who owned a trucking firm and sev- interaction. It is a clear mandate for President spirit of American enterprise in Roanoke—the eral pieces of farm property west of Philadel- Abbas to pursue his agenda of peaceful nego- Star City of Virginia—for three-quarters of a phia, and Herman Tucker, a bulldozer oper- tiations with Israel in order to establish a via- century. I offer my congratulations to the ator who occasionally worked for Burrage. ble, sovereign, and independent Palestinian Bullington family for helping show us that the This meeting took place either at Burrage’s state. It is now incumbent on the United American dream remains alive and well all garage, southwest of Philadelphia, or at the Phillips 66 station. States and Israel to support President Abbas these years later. in his effort to consolidate power, to generate Posey’s arrangement with Burrage to use a f dam being built on Burrage’s property as a political and economic benefits for the Pales- burial site for the three civil rights workers’ tinian people, and to engage seriously in the REMEMBERING CHANEY, was probably not the result of brainstorm negotiation of a peace settlement. The recipe GOODMAN, AND SCHWERNER thinking by the conspirators. In all likeli- for a final agreement has been apparent to hood, Burrage’s dam site had been previously most of us for some time. Now all the ingredi- HON. BENNIE G. THOMPSON scouted out by the Neshoba klavern for its ents appear to be assembled. Those inter- potential as a secret grave, perhaps as early OF MISSISSIPPI ested in creating peace have no reason or ex- as mid-May, when Mickey Schwerner’s in- IN THE HOUSE OF REPRESENTATIVES cuse not to move forward. cursions into Longdale were becoming Tuesday, February 8, 2005 known to the Klansmen. Mississippi FBI f agent John Proctor claims to have learned COMMEMORATING THE 75TH ANNI- Mr. THOMPSON of Mississippi. Mr. Speak- from an informant that Burrage once told a VERSARY OF THE TEXAS TAV- er, I would like to recognize the State of Mis- roomful of Neshoba Klansmen discussing the impending invasion of civil rights workers, ERN sissippi’s pursuit for justice as it has brought forth an indictment of noted Klansman Edgar ‘‘Hell, I’ve got a dam that’ll hold a hundred Ray Killen for the murders of James E. of them.’’ Although the Meridian Klansmen HON. BOB GOODLATTE Chaney, Andrew Goodman, and Michael had been instructed to leave Mickey Schwerner alone, the leaders of the Neshoba OF VIRGINIA Schwerner. As the State of Mississippi has IN THE HOUSE OF REPRESENTATIVES klavern had apparently been given Sam been collecting evidence and investigating this Bowers’s approval to ‘‘eliminate’’ him if they Tuesday, February 8, 2005 case, I would like to submit the following ex- caught him in Neshoba County. They may Mr. GOODLATTE. Mr. Speaker, I am de- cerpt from Olen Burrage’s The Mississippi well have expected to have further opportu- lighted to recognize the Texas Tavern res- Murder of Goodman, Schwerner, and Chaney nities to nab Schwerner on one of his visits taurant in Roanoke, Virginia on its 75th anni- by Seth Cagin and Phillip Dray. to Longdale, and it is possible many ele- versary. Texas Tavern opened for business on The owner of a local trucking company, ments of the conspiracy—the release from February 13, 1930. It’s known as ‘‘Roanoke’s Olen Burrage, was having a cattle pond dug jail, the highway chase, and the secret bur- on his property, five miles southwest of town ial—were loosely in place before June 21. Millionaires Club’’ and for seating ‘‘1,000 peo- The previous summer, Burrage had con- on Highway 21. Burrage had hired Herman ple—10 at a time.’’ From breakfast to hot sulted an agent of the U.S. Department of Tucker, one of his part-time drivers and the dogs, hamburgers, and chile, Texas Tavern’s Agriculture’s Soil Conservation Service owner/operator of two Caterpillar dozers, to about joining a program under which land- menu is as much an institution as the eatery build the pond and the large dam that would owners could obtain government funding for itself. restrain it. The Neshoba Klansman arranged pond dams that met certain conservation re- The founder of the Texas Tavern was Nick for Billy Wayne Posey to arrive at midnight quirements. Burrage’s proposed dam met the Bullington, an advance man for the Ringling on the lane of the Burrage property with the program’s specifications, but the approval of Brothers and Barnum and Bailey Circus, who bodies of Goodman, Schwerner, and Chaney. the funding was contingent upon periodic in- Once the bodies were placed in the center of also hoped to open a small, short order res- spections of the construction site by agents the dam, fifteen or twenty feet down, Tucker taurant in one of the cities he visited on the from the Department of Agriculture. In May would reseal it with one of the bulldozers. circus route around the United States. 1964, when Burrage finalized arrangements When the pond filled with rainwater, the Bullington recognized that the railroad was with Herman Tucker and authorized him to place where the bodies were stashed would begin work on the dam, Burrage chose—for making Roanoke a major city. He located a simply become an innocuous part of the reason he never explained—to do so without vacant lot on Church Avenue in downtown Ro- Neshoba landscape—a Klansman version of a participating in the government program. anoke for the restaurant. Construction began Choctaw burial mound. (pp. 340–342) and a short five months later, the Texas Tav- ‘‘So you wanted to come to Mississippi?’’ With the civil rights workers’ bodies in the ern was open for business. one of the murderers is reputed to have told hole, Posey signaled Tucker to start moving. Texas Tavern has been a family operation the victims later that night. ‘‘Well, now The tractor ran fifteen minutes as Tucker from day one. Nick Bullington’s son, James G. we’re gonna let you stay here. We’re not bladed off the top of the dam so it would Bullington, became owner and operator of the even gonna run you out. We’re gonna let you look as though it had not been disturbed. restaurant when his father passed away in stay here with us.’’ (p. 55) The eight Klansmen got into Barnette’s Killen, as organizer of the Neshoba and car and the civil rights workers’ station 1942. In 1966, James N. Bullington became a Lauderdale County klaverns of the White night manager for his father and in 1983, he wagon for the short ride down highway 21 to Knights of Mississippi and point man for the Burrage’s trucking garage. There the men purchased the business and property on which conspiracy, was eager to return to Philadel- replaced the license plates on Barnette’s car, the restaurant sits, ensuring that the Texas phia as soon as he had collected enough men which had been removed earlier in Meridian, Tavern would remain in the small, white- for the operation. There were ‘‘arrange- and Jordan was given all the gloves the men washed brick building it’s always called home. ments’’ to be made, he explained to the men had worn and told to dispose of them. Tucker Matt Bullington—Nick Bullington’s great grand- at Akin’s. Quickly he sketched for them the took a glass gallon jug and filled it with gas- son—worked at the restaurant throughout col- plan he had devised in collusion with oline from one of Burrage’s pumps, to use in Neshoba County deputy sheriff Cecil Price setting fire to the station wagon. (p. 361) lege in the mid-1990s and then took over for and Billy Wayne Posey, and possibly—to his dad, serving today as the man at the helm infer from the events that would transpire— Chaney, Goodman, Schwerner will be re- of one of Roanoke’s favorite gathering places. Hop Barnett and Olen Burrage. Deputy Price membered in the State of Mississippi’s history To visit Texas Tavern is to visit a slice of would release Goatee and the other two civil as extraordinary individuals doing whatever it Americana. The Cheesy Western and chile rights workers as soon as it got dark. Once took to end racial segregation and win social

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.058 E08PT1 February 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E183 justice not only in the State of Mississippi but share of all municipal budgets across the for the innocent lives that have been sac- across this country. The story of Olen Burrage country, fire spending has slipped, from 6.1 rificed. is one of many in Mississippi’s plagued past. percent in fiscal 1987 to 5.7 percent in fiscal I submit the following for entry into the CON- 2003, the Globe calculated from the US Cen- GRESSIONAL RECORD: The State’s insistence on justice signals a new sus Bureau’s survey of governments... day not only for the State of Mississippi, but Small-town departments are increasingly WHY MY BROTHER DIED also for the families of Chaney, Goodman, and undertaking aggressive interior assaults on (By Dante Zappala) Schwerner. fires. Some of these smaller fire departments This week, the White House announced, f do not have the training, equipment, and with little fanfare, that the two-year search backup personnel to safely accomplish these for weapons of mass destruction in Iraq had BOSTON GLOBE SERIES ON FIRE dangerous tactics,’’ warned a 1998 report by finally ended, and it acknowledged that no FIGHTER STAFFING ISSUES the National Institute for Occupational Safe- such weapons existed there at the time of ty and Health . . . After the Worcester fire the U.S. invasion in 2003. HON. EDWARD J. MARKEY that killed six firefighters in 1999, federal in- For many, this may be a story of only vestigators warned of the need to have a passing interest. But for me and my family, OF MASSACHUSETTS rested crew standing by with safety equip- it resonates with profound depth. IN THE HOUSE OF REPRESENTATIVES ment. But fire chiefs in the Boston suburbs My brother was Sgt. Sherwood Baker. He Tuesday, February 8, 2005 say such a team is usually assembled only was a member of the Pennsylvania National after the fire is nearly out. Guard deployed a year ago with his unit out Mr. MARKEY. Mr. Speaker, today I am in- of Wilkes-Barre. He said goodbye to his wife serting in the CONGRESSIONAL RECORD, ex- Mr. Speaker, I urge my colleagues to visit and his 9-year-old son, boarded a bus and cerpts from an excellent series on fire safety the web and read this series more closely. We went to Ft. Dix, N.J., to be hastily retrained. by Bill Dedman that ran in the Boston Globe owe it to the public and to our brave fire fight- His seven years of Guard training as a for- on January 30 and 31, 2005. The series in- ers whose lives are on the line every day. ward observer was practically worthless be- vestigates the overwhelming problem of f cause he would not face combat. All he need- shrinking resources in local fire departments ed to do was learn how to not die. EXPRESSING THE NEED FOR AC- He received a crash course in convoy secu- and the resulting threats to public and fire COUNTABILITY IN IRAQ AND rity, including practice in running over card- fighter safety. I urge my colleagues to read the COMMEMORATING SGT SHER- board cutouts of children. We bought him a entire series on line at: http://www.boston.com/ WOOD BAKER GPS unit and walkie-talkies because he news/specials/fires/. wasn’t supplied with them. In Iraq, Sher- Mr. Dedman conducted what may be the wood was assigned to the Iraq Survey Group most thorough analysis of the many threats to HON. PAUL E. KANJORSKI and joined the search for weapons of mass public safety resulting from understaffed fire OF PENNSYLVANIA destruction. houses, tight municipal budgets and ever IN THE HOUSE OF REPRESENTATIVES David Kay, who led the group until Janu- ary 2004, had already stated that they did not growing responsibilities. Just this month my Tuesday, February 8, 2005 exist. Former United Nations weapons in- staff met with mayors of towns and commu- Mr. KANJORSKI. Mr. Speaker, I rise today spector Hans Blix had expressed serious nities in my congressional district in Massa- to share with you and my esteemed col- doubts about their presence during prewar chusetts who are concerned that the fire fight- leagues in the House of Representatives an inspections. In fact, a cadre of former U.N. er staffing problems are reaching crisis levels. inspectors and U.S. generals had been saying op-ed piece written by the brother of one of Since September 2001, Massachusetts has for years that Iraq posed no threat to our my constituents who was killed in Iraq. SGT lost 800 paid fire fighters by layoffs and attri- country. On April 26, 2004, the Iraq Survey Sherwood Baker of Plymouth, Pennsylvania, tion. We have too few fire fighters who are too Group, at the behest of the stubborn admin- served as a member of the Second Battalion, istration sitting safely in office buildings in thinly spread. And the work has essentially 103rd Armor of the Pennsylvania Army Na- Washington, was still on its fruitless but doubled. tional Guard. dangerous search. My brother stood atop his According to the National Fire Protection Humvee, securing the perimeter in front of a Administration, it is critical for fire fighters to Sergeant Baker was only 30 years old when he died in a warehouse explosion in Baghdad suspect building in Baghdad. But as soldiers arrive at a fire within 6 minutes. But that is not entered the building, it exploded; the official happening. The Globe series revealed that na- on April 26, 2004, where he was searching for cause is still not known. Sherwood was tionwide only 35 percent of fire departments weapons of mass destruction. Sergeant Baker struck by debris in the back of his head and were able to reach 90 percent of building fires made the ultimate sacrifice while serving his neck, and he was killed. Since that day, my family and I have lived in that time. Why? As the chiefs say, ‘‘more country, searching for weapons our government now concedes cannot be found and with the grief of losing a loved one. We have work, fewer people.’’ struggled to explain his death to his son. We I would like to share the following excerpts most likely did not exist. Dante Zappala writes with the pain of one have gazed at the shards of life scattered at from the Globe with my colleagues: our feet, in wonder of its fragility, in per- . . . Lisa Collum was breast-feeding her who has lost a loved one; more than 1,400 petual catharsis with God. baby, and her 3-year-old was getting ready other families are grieving for the loss of their I have moved from frustration to dis- for a playdate, when the fire started in the loved ones who died in the service of our appointment to anger. And now I have ar- apartment downstairs . . . The firehouse a country. Dante’s heartfelt plea for account- rived at a place not of understanding but of few blocks away was empty. Only three fire- ability should resonate among all Americans, hope—blind hope that this will change. fighters were on duty to cover all 33 square especially those of us in Congress who au- The Iraq Survey Group’s final report, miles of this seaside town, and they were thorized President Bush to lead our Nation which was filed in October but revealed only on Wednesday, confirmed what we knew all busy with two ambulance calls on this Janu- into war. ary evening in 2001. One firefighter drove along. And as my mother cried in the kitch- back for the fire engine, then hurried into The Bush Administration convinced me that en, the nation barely blinked. the chaos at the Collums’ home . . . It was Iraq posed an ‘‘imminent threat’’ to the na- I am left now with a single word seared standing room only at the funeral... tional security of the United States. I now be- into my consciousness: accountability. The . . . Once a day on average in this country, lieve that it was never a threat. Until I have a chance to hold our administration’s feet to someone dies when firefighters arrive too full understanding of what caused us to be so that flame has passed. But what of our citi- late, an investigation of fire response times wrong, I doubt that this Administration can zenry? We are the ones who truly failed. We by the Globe has found. America’s fire de- convince me again that they are right in their shut down our ability to think critically, to partments are giving fires a longer head- listen, to converse and to act. We are to start, arriving later each year, especially in decisions based on their analysis of intel- blame. the suburbs around Boston, Atlanta and ligence. Even with every prewar assumption having other cities, where growth is brisk but fire Dante is right: We are all accountable. Now been proved false, today more than 130,000 staffing has been cut... that the contentious election of 2004 is behind U.S. soldiers are trying to stay alive in a for- . . . In Massachusetts, people waited 10 us and President Bush has been inaugurated eign desert with no clear mission at hand. minutes or more for firefighters to arrive at to a second term, I hope that we can acknowl- At home, the sidelines are overcrowded 214 building fires in 2002, the last year for edge the mistakes we made that led us to with patriots. These Americans cower from the fight they instigated in Iraq. In a time of which data is available. Since 1990, there war, learn from those mistakes, and avoid have been 2,786 such fires, including blazes at war and record budget deficits, many are jails, mental hospitals, apartment buildings, making them in the future. Our Nation’s secu- loath to even pay their taxes. In the end, shopping malls and private homes. rity depends on it. however, it is not their family members who . . . The fire department budgets are not Mr. Speaker, Congress must play a stronger are at risk, and they do not sit up at night growing to keep up, but shrinking. As a role in holding this Administration accountable pleading with fate to spare them.

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A08FE8.062 E08PT1 E184 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 2005 Change is vital. We must remind ourselves we owe our men and women in uniform who ‘‘Is the goal of these legislative initiatives that the war with Iraq was not a mistake but serve our country. The 415th Civil Affairs Bat- to drive those veterans paying for their rather a flagrant abuse of power by our lead- talion is a glowing example of the greatness of health care away from the system designed ers—and a case of shameful negligence by to serve veterans?’’ Cadmus asked. ‘‘The the rest of us for letting it happen. The con- our forces and on behalf of the Sixth District President is asking Congress to make ‘health sequence is more than a quagmire. The con- of Michigan; I would like to extend my thanks care poaching’ legal in the world’s largest sequence is the death of our national treas- and appreciation for their service. health care delivery system.’’ ure—our soldiers. f ‘‘When the President first came to Wash- We are all accountable. We all share the re- ington, among his first official acts was to sponsibility of what has been destroyed in VETERANS BENEFITS CUTS AND triple the prescription co-payment from $2 to our name. Let us begin to right the wrongs BUDGET PROPOSAL $7,’’ Cadmus said. ‘‘Once again, the President we have done to our country by accepting wants to double the co-payment and fortu- that responsibility. HON. NICK J. RAHALL II nately, Congress has wisely rejected that f OF WEST VIRGINIA proposal. Making veterans pay for timely ac- IN THE HOUSE OF REPRESENTATIVES cess to quality health care is wrong.’’ TRIBUTE TO OSSIE DAVIS This is the third year in a row the Presi- Tuesday, February 8, 2005 dent has attempted to establish an enroll- HON. KENDRICK B. MEEK Mr. RAHALL. Mr. Speaker, is nothing sa- ment fee for those veterans making co-payments and third-party reimbursements to OF FLORIDA cred in this Administration’s budget? At a time the VA. IN THE HOUSE OF REPRESENTATIVES when our greatest generation is relying more and more on the VA to provide health services ‘‘Many of these veterans are Medicare-eli- Tuesday, February 8, 2005 and our newest veterans are returning from gible and already paying the federal govern- Mr. MEEK of Florida. Mr. Speaker, I rise to ment for their part A and B coverage, so why Iraq and Afghanistan, the White House is pro- should they have to pay an additional enroll- honor a distinguished actor, director, producer, posing to slash their benefits and force them ment fee? VA can’t even bill Medicare,’’ Cad- screenwriter, playwright and historian. Ossie to pay ever increasing premiums. What hap- mus said. ‘‘Other veterans with private Davis was an incredible man whose life’s pened to keeping promises to our nation’s vet- health insurance make co-payments and work, both on and off screen, promoted the erans? then VA is reimbursed for services. Again, advancement of civil rights and humanitarian With the constantly rising cost of health why should they be forced to pay an addi- causes. care, the proposed funding falls well short of tional $250 to go to VA medical facilities?’’ Mr. Davis’ most important role may well what is needed for our veterans. These vet- ‘‘During my visits to VA hospitals, I have have been as husband. He and his wife, also erans paid their service to our Nation and they not run into Bill Gates, Donald Trump, or Ross Perot seeking care. I see mostly vet- a prominent actor, Ruby Dee, celebrated 50 earned a lifetime of health care coverage—we years of marriage together in 1998. Both were erans—many on small fixed incomes—trying promised it to them. Now, as the President to make ends meet and exercising their very among those selected to receive Kennedy wants to spend trillions of dollars to privatize best health care option.’’ Cadmus observed. Center Honors in 2004. Social Security, he also wants to break that ‘‘Veterans’ health care is an ongoing ex- The pair met during Davis’ Broadway debut promise and make veterans pay for their pense of war,’’ he added. ‘‘You don’t thank in the play Jeb Turner. Both promoted the healthcare again! veterans for serving their country and then cause of blacks in the entertainment industry The absurdity of this would be laughable if tell them, ‘By the way, better not get wound- and are well known for their portrayals of char- it weren’t such a serious and disturbing pro- ed or you’ll have to pay extra for your health acters faced with racial injustice. posal. care.’ This is offensive to every veteran in My thoughts and prayers are with Ms. Dee, Thomas P. Cadmus, the National Com- America. That is why this government must for her loss is truly a loss for us all. mander of the American Legion sees and un- move VA health care out from under the um- brella of discretionary spending to manda- f derstands the absurdity of this as well. He tory spending,’’ Cadmus stressed. said, and I quote: TRIBUTE TO THE HEROIC MEN The American Legion has requested a $3.5 ‘‘It is incomprehensible that our veterans will billion increase in health care spending in AND WOMEN OF THE 415TH CIVIL pay for the shortfall in VA health-care funding AFFAIRS BATTALION OF THE FY 2006. The President is proposing $9.5 bil- from their own pockets as tax dollars flow out lion in foreign aid, about $2.1 billion more U.S. ARMY RESERVE the back door of America.’’ than the current level. And these tax dollars aren’t just flowing out ‘‘As young Americans in uniform battle HON. FRED UPTON the back door of America in additional foreign terrorism in Iraq and Afghanistan, as well as OF MICHIGAN aid funding, they are also flowing out the front 119 other countries, it is incomprehensible that our veterans will pay for the shortfall IN THE HOUSE OF REPRESENTATIVES door in the form of tax cuts for the wealthiest in VA health care funding from their own Tuesday, February 8, 2005 one percent of our Nation. We have the money to keep our promise to pockets as tax dollars flow out the back door of America,’’ Cadmus said. Mr. UPTON. Mr. Speaker, I rise today to our veterans and I urge the White House to ‘‘We reminded the President of our posi- pay tribute to the heroic men and women of reevaluate the budget and make the changes the 415th Civil Affairs Battalion of the U.S. tion on veterans’ health care needs during needed to reinforce the promise to our vet- his campaign and I personally testified on Army Reserve who have recently returned erans. the issue on Capitol Hill last September,’’ home after serving their country in Iraq. The I am also enclosing a press release from Cadmus added. ‘‘Our budget request is very sacrifices that these heroes made to protect The American Legion which I submit for the realistic when you consider the Secretary and secure our country will never be forgotten RECORD to accompany my remarks. has slammed the door in the face of hundreds and we are forever in their debt. LEGION LEADER SAYS PROPOSED BUDGET of thousands of veterans eligible, but cur- The 415th Civil Affairs Battalion is based out REACHES DEEP INTO VETERANS’ POCKETS rently forbidden from seeking quality care of Kalamazoo, Michigan with soldiers coming WASHINGTON, February 7, 2005.—The from VA.’’ from throughout the Midwest. Over the last 7 leader of the nation’s largest military vet- ‘‘The current appropriations process is bro- years this battalion has been deployed five erans organization reacted strongly to the ken and is not adequately funding VA med- effects that President Bush’s budget plan ical care,’’ Cadmus said. ‘‘President George times, and is considered to be one of the most W. Bush’s Task Force to Improve Health deployed battalions in the active or reserve of will have on veterans. He called it a smoke screen to raise revenue at the expense of vet- Care Delivery for Our Nation’s Veterans on the Army. During their time in Iraq these self- erans. May 26, 2003, identified the mismatch be- less individuals rebuilt schools, worked with ‘‘This is not acceptable,’’ said Thomas P. tween demand and funding as a major obsta- the creation of water treatment plants and Cadmus, national commander of the 2.7 mil- cle in meeting the nation’s commitment to Iraqi hospitals. lion-member American Legion. ‘‘It’s nothing veterans. The American Legion and nine I would also like to extend my deepest sym- more than a health care tax designed to in- other veterans’ organizations believe the an- pathy for the loss of two of their comrades, crease revenue at the expense of veterans swer lies in changing VA health care funding from discretionary to mandatory appropria- SPC Nichole Frye and CPT Paul Cassidy. who served their country.’’ Cadmus was referring to the portion of the tion.’’ They will always remain in our memories and proposed budget that would double the co- ‘‘No active-duty service member in harm’s their families will be in our thoughts and pray- payment charge to many veterans for pre- way should ever have to question the na- ers. scription drugs and would require some to tion’s commitment to veterans. This is the With our forces fighting overseas today, we pay a new fee of $250 a year to use their own wrong message at the wrong time to the are vividly reminded of the debt of gratitude their own health care system. wrong constituency.

VerDate Aug 04 2004 05:31 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A08FE8.066 E08PT1 February 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E185 OPPOSITION TO AN ANTI-SECES- next seven causes of death combined, includ- PERSONAL EXPLANATION SION LAW PROPOSED BY THE ing all forms of cancer. And shockingly, only 8 PEOPLE’S REPUBLIC OF CHINA percent of women think that heart disease is HON. GENE GREEN a major personal concern. OF TEXAS HON. PETER T. KING Mr. Speaker, I rise today to help get the IN THE HOUSE OF REPRESENTATIVES OF NEW YORK message out, to call attention to heart health Tuesday, February 8, 2005 IN THE HOUSE OF REPRESENTATIVES and to encourage men and women to learn Mr. GENE GREEN of Texas. Mr. Speaker, Tuesday, February 8, 2005 about the signs and causes of cardiovascular disease. This past Friday, the American Heart I received Unanimous Consent for an excused Mr. KING of New York. Mr. Speaker, today Association sponsored ‘‘Go Red for Women’’ absence for February 1, 2005 and the balance I rise in strong opposition to an Anti-Secession day to raise awareness and help women take of the week on account of family medical rea- Law that is being proposed by the People’s sons, I witnessed the birth of my first grand- back control of their personal health. Women Republic of China. While some positive devel- child Lauren Elissa Hewlett and I ask Unani- in particular must educate themselves to know opments in cross-strait relations between mous Consent to include this personal expla- the risk factors they can control: diabetes, China and Taiwan have occurred recently, the nation in the RECORD. blood pressure, tobacco use, cholesterol, ex- consideration of an Anti-Secession Law by On February 1, 2005, I was unable to be ercise and obesity. One in ten American Beijing threatens to disrupt the status-quo. Re- present for Rollcall votes #14 and #15, and on women aged 45 to 64 and one in four Amer- cently, an agreement was reached by both February 2, 2005, I was unable to be present ican women aged 64 or older has some form governments to allow historic non-stop charter for Rollcall votes #16, #17, #18, and #19. flights between the People’s Republic of China of heart disease. Those numbers are way too On Rollcall vote #14, a Motion to Suspend and Taiwan during February’s Lunar New high. the Rules and Agree to H. Res. 23 ‘‘Honoring Year holiday. And the arrival on February 1 of As the family gatekeeper, women do more the contributions of Catholic schools,’’ I would a delegation from China to pay their respects than just improve their own health—they can have voted ‘‘Yea.’’ to the late negotiator Koo Chen-fu, former put children and families on the path to a life- On Rollcall vote #15, a Motion to Suspend Chairman of the Straits Exchange Foundation, time of good heart health. Childhood obesity the Rules and Pass H.R. 120, ‘‘To designate has been a welcome development as well. and diabetes are pandemic in the U.S.—it’s a the facility of the United States Postal Service Unfortunately, China’s National People’s Con- trend we must stop by making sure our fami- located at 30777 Rancho California Road at gress Standing Committee is considering a bill lies are eating healthy and getting physical ac- Temecula, California, as the Dalip Singh that is expected to set up a legal framework tivity. These simple but important steps will Saund Post Office Building,’’ I would have to provide for the incorporation of Taiwan by mean a great deal to the future health of our voted ‘‘Yea.’’ China. This legislation, however, could be in- families and our nation. On Rollcall vote #16, agreeing to the Reso- terpreted to legally require Beijing to move Mr. Speaker, I know you will join me in en- lution H. Con. Res. 36, ‘‘Expressing the con- unilaterally against Taiwan in the event Beijing couraging all Americans to contact the Amer- tinued support of Congress for equal access construed any acts or statements by Taipei as ican Heart Association to find out the informa- of military recruiters to institutions of higher a move toward independence. tion that can save their lives. education,’’ I would have voted ‘‘Yea.’’ I have deep reservations about an Anti-Se- On Rollcall vote #17, a Motion to Suspend cession Law. Beijing until now has considered f the Rules and Agree to H. Res. 56, ‘‘Com- Taiwan to be a part of China but has refrained mending the Palestinian people for conducting from attempting to legally extend its sov- TRIBUTE TO HELEN MAYHAK a free and fair presidential election on January ereignty over it. While this position leaves 9, 2005, and for other purposes,’’ I would have some flexibility for negotiations on unification, voted ‘‘Yea.’’ I fear that the enactment of this new measure HON. FRED UPTON On Rollcall vote #18, a Motion to Suspend will restrict the debate. In addition, there would the Rules and Agree to H. Res. 57, ‘‘Express- also be great uncertainty among the thou- OF MICHIGAN ing the strong concern of the House of Rep- sands of Taiwanese who work on the main- IN THE HOUSE OF REPRESENTATIVES resentatives that the European Union may end land. Would Taiwanese businessmen in China its embargo against the Peoples Republic of run the risk of being jailed for actions inter- Tuesday, February 8, 2005 China,’’ I would have voted ‘‘Yea.’’ preted as being supportive of Taiwanese au- On Rollcall vote #19, agreeing to the Reso- thorities? Reactions from Taiwan to the pro- Mr. UPTON. Mr. Speaker, I rise today to lution H. Res. 60, ‘‘Relating to the free election posed law have been universally negative pay tribute to Helen Mayhak who regretfully in Iraq held on January 30, 2005,’’ I would among all of Taiwan’s political parties and passed away recently at the age of 91. A have voted ‘‘Yea.’’ dedicated and selfless woman, Helen’s charity leaders. At a time when the differences be- f tween Beijing and Taipei can best be resolved and work throughout the community made through dialogue, the enactment of this legis- Southwest Michigan an even greater place to THE PRESIDENT’S BUDGET lation would make the resumption of these ne- live and grow. gotiations more difficult and inevitably increase For the last 40 years Helen served the Hart- HON. JAMES R. LANGEVIN tensions in the Taiwan Strait. ford community as township clerk, making her OF RHODE ISLAND Both the People’s Republic of China and one of Michigan’s longest-tenured officials. A IN THE HOUSE OF REPRESENTATIVES Taiwan have a vital interest in maintaining lifelong resident of Berrien County, Helen was Tuesday, February 8, 2005 peace in the region. My hope is that China will an active member in her community. Whether not enact an Anti-Secession Law or take any she was serving hot lunches to students in our Mr. LANGEVIN. Mr. Speaker, the Presi- step, for that matter, which might prompt a public schools, working with the Boy Scouts of dent’s budget is a blueprint of his priorities. A confrontation in the Taiwan Strait. America, or assisting in our local hospitals, way of showing what direction he wants to move the country. Based on the last four f Helen did her part to improve the lives of everyone she encountered. As a member of the years, it is no surprise that the President’s PROMOTING HEART HEALTH Van Buren Republican Party, she was hon- budget is more of the same: continued tax ored as the Van Buren Republican of the cuts for the wealthy paid for by slashing pro- HON. BRIAN HIGGINS Year. grams that Americans depend on. While the President has urged a return to OF NEW YORK Helen will be remembered for her commit- IN THE HOUSE OF REPRESENTATIVES fiscal discipline, he has been more of a culprit ment to the betterment of the lives of those than a savior. This year’s budget continues to Tuesday, February 8, 2005 she served. We will certainly miss her enthu- move in the wrong direction, and the FY 2006 Mr. HIGGINS. Mr. Speaker, heart disease is siasm and passion that she brought to her deficit will likely be the largest in history. The the leading cause of death for all Americans— work each and every day. President’s projected deficit is not even a more than 70 million Americans, one in four, On behalf of the Sixth District of Michigan, credible accounting, as the budget completely suffers from heart disease, stroke or another our prayers and sincere regards go out to Hel- omits the President’s own plans for tax cuts, cardiovascular disease. For women, heart dis- en’s family and friends—she will certainly be Social Security privatization, and fighting the ease is responsible for more deaths than the deeply missed. wars in Afghanistan and Iraq. These programs

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.072 E08PT1 E186 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 2005 alone will cost trillions of dollars over the next Mr. Colvin has testified numerous times be- Naval Medical Officer during the Korean War decade. fore the Committee on Energy and Commerce from 1950 to 1953. The President says spending cuts are nec- and other congressional committees, and has Arkansas will be forever grateful that such a essary to keep the deficit from increasing even represented his industry well. In doing so, he visionary leader came along, at the time he more. This is only half accurate. Without the has guided important policy initiatives, ad- did, to lead us into a new era. I hope that you tax cuts enacted since 2001, our nation’s fis- vanced numerous regulatory and legislative are as inspired as I have been by Dr. Luck’s cal health would be much rosier, and the issues and cultivated a favorable investor cli- relentless determination to fight for such im- President would not be asking the neediest mate for the industry that NEI represents. portant causes. While Dr. Luck is no longer and most vulnerable Americans to sacrifice. Mr. Colvin’s dedication and commitment to with us, his legacy lives on by the way he im- With control of the White House and both the industry he served will be missed, as will proved the quality of life for all Arkansans. Houses of Congress, this blueprint shows his enthusiasm and good nature. He will be f America the real Republican agenda. They missed also by his many friends in Congress. want to cut Medicaid by $60 billion over ten Hence, I extend to him best wishes for his re- INTELLIGENCE OVERSIGHT years and put more of the burden on states tirement, and on behalf of the House of Rep- RESPONSIBILITIES and the 45 million Americans who do not have resentatives, thank him for his contributions. health insurance. They want to eliminate 48 f HON. HENRY J. HYDE education programs that provide assistance OF ILLINOIS DR. H.D. ‘‘DAVE’’ LUCK, A MAN OF with vocational education, education tech- IN THE HOUSE OF REPRESENTATIVES nology, and civic education. And they want us HONOR Tuesday, February 8, 2005 to fall $12 billion further behind in our commitments under No Child Left Behind, handing an HON. MIKE ROSS Mr. HYDE. Mr. Speaker, now that Congress unfunded mandate to states and short- OF ARKANSAS has passed landmark legislation that will help changing our teachers and students. IN THE HOUSE OF REPRESENTATIVES reform our intelligence community, I believe While the Department of Homeland Security we must now take a closer look at stream- receives ark overall increase in funding, the Tuesday, February 8, 2005 lining congressional oversight of that commu- President proposes cutting FIRE grants by 30 Mr. ROSS. Mr. Speaker, I rise today to pay nity. Therefore, I am pleased to share with my percent and first responder funding by 10 per- tribute to the life and legacy of Dr. H.D. colleagues a recent opinion piece, which ex- cent, in addition to a 42 percent cut for the ‘‘Dave’’ Luck, a statesman, a leader, a vet- plores some of the reform options available to hugely successful COPS program. How does eran, and a true gentleman who passed away us. this budget make us safer? on January 3, 2005 in Arkansas at the age of The op-ed, entitled ‘‘Joint Intelligence Com- Perhaps most egregiously during this time 79. Dr. Luck was a man who, in deed and ac- mittee Overdue’’ was published on Dec. 3, of war, the President wants to impose new tion, distinguished himself as someone who 2004, in the News-Leader—Florida’s oldest fees and increase copayments for veterans’ set forth to make Arkansas a better place to weekly newspaper. It was authored by Mr. health care, adding an undue burden to those live as a champion for civil rights and higher Thomas Smeeton, who is the former U.S. who have served their country so honorably. education. House Minority Staff Director of the Iran/ I urge my colleagues to join me in returning Born in 1925 in New York City, Dr. Luck Contra Committee and Minority Counsel of the fiscal responsibility to the budgetary process graduated from Bates College in Maine in U.S. House Intelligence Committee. Mr. and creating a realistic blueprint that meets 1945, and earned his M.D. degree from Case Smeeton also served as a CIA officer. I hope the needs of the American people, not just the Western Reserve University School of Medi- my colleagues will find the op-ed interesting President’s wealthiest supporters. cine in Cleveland. After doing post graduate and beneficial: f work in medical education at the United States JOINT INTELLIGENCE COMMITTEE OVERDUE Naval School of Aviation Medicine in Florida, HONORING JOE F. COLVIN ON THE The collapse of Congressional efforts to re- and at University Hospital in Little Rock, Dr. OCCASION OF HIS RETIREMENT form the intelligence community dominated Luck eventually settled in Arkadelphia where the news just before Thanksgiving. The pro- he founded the Arkadelphia Medical Clinic in posed legislation embodied many of the HON. JOE BARTON 1979. major recommendations of the 9/11 Commis- OF TEXAS Dr. Luck began a life of public service in sion for fixing the executive branch’s intel- IN THE HOUSE OF REPRESENTATIVES Arkadelphia, where he served as President of ligence problems. Largely overlooked in this Tuesday, February 8, 2005 General Industries Corporation from 1962 until reform debate is Congress’ failure, so far, to do enough to address its own problems. Yet Mr. BARTON of Texas. Mr. Speaker, I 1968, the Arkadelphia Chamber of Commerce, the 9/11 panel noted that ‘‘of all of our rec- would like to take this opportunity to recognize and the Arkadelphia Kiwanis Club. He was ommendations, strengthening Congressional Joe F. Colvin, who is retiring as president and awarded the Junior Chamber of Commerce oversight may be the most difficult and im- chief executive officer of the Nuclear Energy Distinguished Award in 1963. portant.’’ The commission also pointed out Institute (NEI). Over his long and distinguished Dr. Luck continued an inspiring career of that, ‘‘Congressional oversight for intel- career, Mr. Colvin has played a key role in en- public service on the state as Chair of the ligence and counterterrorism is now dysfunc- suring that America will continue to enjoy the Democratic Party. In 1964, he chaired the tional.’’ Committee for Voter Registration. Dr. Luck’s The main reason this critically important benefits of nuclear energy. congressional responsibility is malfunc- Mr. Colvin began his career more than 40 passion was Civil Rights; he chaired the coali- tioning is because it is spread amongst too years ago as a submarine officer in the U.S. tion that successfully created a constitutional many committees. That is why the 9/11 Com- Navy. After leaving the Navy, he held many amendment which abolished the poll tax and mission urged Congress to replace the cur- different leadership positions in the nuclear set up a system of permanent voter registra- rent fragmented oversight arrangement with energy industry. tion. In 1965, President Johnson appointed either a House-Senate joint committee or Over the past nine years as head of NEI, him to the White House Conference on Civil single panels in each congressional body Mr. Colvin has led the industry through a pe- Rights. Like many reformers before him, Dr. with exclusive oversight and legislative riod of extraordinary change. When he began, Luck was driven by a cause that was met with power. Consolidation along these lines would dras- the future of nuclear energy was by no means adversity. He met each challenge and cause tically reduce the time high level intel- certain as many expected that most of Amer- with fervor that mystifies and inspires us to ligence community officials spend on Capitol ica’s reactors would close. public service. Hill repeating over and over again the same Recent events have proven dramatically dif- In addition to Civil Rights, Dr. Luck was briefings and testimonies to the various ferent. Today, our country’s 103 reactors are committed to improving Arkansas higher edu- committees now exercising jurisdiction over essential to the stability of our electricity sup- cation. He served as Trustee of Henderson intelligence activities. Redundant congres- ply and our clean air. Instead of closing, reac- State University in Arkadelphia from 1970 until sional demands are becoming so time con- tors are renewing their licenses and extending 1982. He was appointed to the Arkansas State suming that it is increasingly difficult for their operation. Now, several companies have these senior officials to discharge their pri- Board of Higher Education by Governor Bill mary duties of attending to the many secu- begun to explore possibilities for licensing new Clinton, serving from 1988 until 1994. rity issues confronting this nation. nuclear power plants in the United States. His service went far beyond civilian life; Dr. The need to reform Congress’ oversight of This transformation is a testament to Mr. Luck served in the U.S. Navy V–12 program the intelligence community has been recog- Colvin’s vision and diligence. during World War II. He also served as a nized by some members of Congress for

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A08FE8.076 E08PT1 February 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E187 years. Henry Hyde, currently chairman of Thankfully, the CIA report turned out to be As the nation grappled with the attacks of the International Relations Committee in untrue, but the danger we face from nuclear September 11, we repeatedly asked ourselves the House of Representatives, proposed legis- terrorism is all too real. Osama bin Laden has how we could have failed to foresee the dan- lation to create a Joint Intelligence Com- termed the acquisition of weapons of mass mittee in 1984. He spelled out what he had in ger posed by al Qaeda and taken steps to mind in numerous forums, including op-ed destruction ‘‘a religious duty,’’ while his press prevent 9/11. We know about the danger of pieces that appeared in major newspapers. spokesman has announced that al Qaeda as- nuclear terrorism; we have been warned re- Nearly 17 years ago, Hyde’s idea was the top pires to kill 4 million Americans, including 1 peatedly. We are in a race with terrorists who recommendation of the Republican members million children. are actively seeking nuclear weapons. The of the Iran/Contra Committee. Among those President Bush has deemed a nuclear ter- choice is ours. We can continue doing what endorsing the Hyde initiative were Dick Che- rorist attack on the United States the number we are doing now and risk an almost inevi- ney, Mike DeWine and Orrin Hatch, who one national security threat facing this country. table nuclear attack or we can take action to served with Hyde on the Iran-Contra Joint In a valedictory interview with the Associated prevent it. When one considers the con- Committee. All of these political figures re- Press, Attorney General John Ashcroft also main major players in Washington. sequences, the choice is really no choice at The reluctance of Congress to get its own singled out the danger to America posed by all. house in order is politically understandable. terrorists armed with nuclear weapons. f A Joint Intelligence Committee would re- We agree with the President and the Attor- quire a number of committees and their pow- ney General, and we share the conviction of HONORING THE LIFE AND LEGACY erful chairmen to sacrifice their jurisdic- almost every expert in and out of government OF OSSIE DAVIS tions over intelligence matters. But given who has looked at this problem: If we do not what is at stake, it is time to subordinate act now to secure existing nuclear material such parochial concerns to the national in- HON. DANNY K. DAVIS and weapons, as well as the expertise needed OF ILLINOIS terest. to build them, a nuclear terrorist attack on the To really be effective, a Joint Intelligence IN THE HOUSE OF REPRESENTATIVES United States is only a matter of time. Committee must have both oversight and Tuesday, February 8, 2005 legislative authority. Otherwise, those com- We have consulted with a range of experts mittees with an interest in intelligence to produce a comprehensive set of policies Mr. DAVIS of Illinois. Mr. Speaker, I rise issues will try to recapture their lost pur- that we believe will be effective in enabling the today to honor the great life and legacy of views. Historically, those committees have United States to prevent what Graham Allison Ossie Davis, a leader, innovator, and inspira- been Armed Services, Judiciary, Appropria- of Harvard University has termed ‘‘the ultimate tion to us all. tions and Foreign/International Relations. preventable catastrophe.’’ Ossie Davis was the older of five children To mollify these traditional bailiwicks, Today, my colleague, Mr. SHAYS and I, are born in the small town of Cogdell Georgia in membership on the joint committee should introducing the ‘‘Omnibus Nonproliferation and include representatives from each of these 1917, but mainly grew up in nearby Waycross Anti-Nuclear Terrorism Act of 2005’’ which and Valdosta Georgia. In 1935 he left home, committees. The panel must be small to en- lays out a comprehensive plan to overhaul our sure secrecy and promote individual respon- hitchhiking to Washington DC, where he en- sibility and accountability. To encourage bi- nonproliferation program. tered Howard University as a student of partisanship, neither political party should As with America’s intelligence programs, Drama. At the time he had plans of becoming have more than a one-vote edge. The com- nonproliferation and disarmament programs a playwright and expressing his artistic ability mittee staff should be composed of apolitical are spread across the United States govern- on stage. In 1939 his career as an actor professionals. ment. Thus, the centerpiece of our proposal, is began with the Rose McClendon Players in In summary, the time has come to think the creation of an Office of Nonproliferation Harlem where he developed for 3 years and outside of the box and adopt radical congres- Programs within the Executive Office of the sional reforms to meet national security gained his first professional acting debut in President to coordinate and oversee America’s 1941 performing in ‘‘Joy Exceeding Glory’’. challenges in the post 9/11 world. The 9/11 efforts to prevent terrorists from gaining ac- Commission put it best when it warned that During World War II, Mr. Davis spent close to cess to nuclear weapons and to manage the ‘‘the other reforms we have suggested—for a 4 years serving his country as a surgical tech- effort to secure existing nuclear material in the national counter-terrorism center and na- nician in an Army hospital in Liberia, tending former Soviet Union and other places. tional intelligence director—will not work if to wounded troops and the people of the We need to modernize the Cooperative congressional oversight does not change too. country. Unity of effort in executive management can Threat Reduction program, created by Senator After the war in 1946 and back in New York, be lost if it is fractured by congressional RICHARD LUGAR and Former Senator Sam Mr. Davis debuted on Broadway in ‘‘Jeb’’ a fit- oversight.’’ Nunn, by giving more flexibility to the Presi- ting story about a soldier returning home from f dent to carry out nonproliferation projects outside the former Soviet Union and by reducing the war. His co-star in this love story was a INTRODUCTION OF THE ‘‘OMNIBUS red tape. well known actress Ruby Dee. In December of NONPROLIFERATION AND ANTI- The most vulnerable nuclear sites around 1948, the couple jumped on a bus to New Jer- NUCLEAR TERRORISM ACT OF the world must be secure. Our bill enhances sey and got married on a day off from re- 2005’’ the Global Threat Reduction Initiative an- hearsal. Since meeting on the 1946 Broadway nounced last year by former Secretary of En- production, Ossie Davis and Ruby Dee have HON. ADAM B. SCHIFF ergy Spencer Abraham. stood out as a collaborative beacon of light OF CALIFORNIA We also propose a number of multilateral leading generations of African Americans to IN THE HOUSE OF REPRESENTATIVES and bilateral efforts to secure nuclear material. follow in their footsteps in the field of fine arts In order to prevent another A.Q. Kahn ‘‘nu- and at the same time standing in the fore- Tuesday, February 8, 2005 clear supermarket,’’ we urge the President to ground of social consciousness. Mr. SCHIFF. Mr. Speaker, early on the expand and strengthen his Proliferation Secu- The era of the Cold War brought with it feel- morning of October 11, 2001, as lower Man- rity Initiative to interdict the shipment of nu- ings of uncertainty concerning political ideas hattan still lay smoldering, President Bush was clear material. We also recommend that the and racial issues. During this period of social told by George Tenet, the Director of Central President work with the international commu- upheaval, Mr. Davis and others as Black per- Intelligence, that a CIA agent was reporting nity to develop and implement standards to formers found themselves under a watchful that al Qaeda terrorists armed with a stolen improve the security of nuclear weapons and eye with McCarthyism on the rise. While the Russian nuclear weapon were loose in New materials and to explore ways to strengthen Cold War was in full swing, Mr. Davis stood York City. the Nuclear Non-Proliferation Treaty. by, most notably, Paul Robeson, a fellow actor The threat was not made public for fear it We must address the vulnerability to theft of and singer who was a well known communist would cause mass panic, but senior U.S. Gov- the Russian tactical nuclear arsenal, and our sympathizer. Mr. Davis stood by his side like ernment officials were evacuated, including legislation authorizes the Department of En- a true friend when others severed ties to Vice President CHENEY, to a series of undis- ergy to assist Russia in conducting a com- Robeson, and along with his wife Ruby Dee, closed locations away from the capital. Nu- prehensive inventory of its tactical weapons. they resisted the ever growing threat of clear Emergency Search Teams were dis- The President’s authority to fund non-de- McCarthyism. Davis was remembered to have patched to New York to look for the weapon, fense research by Russian WMD scientists said, ‘‘We young ones in the theater, trying to reportedly a 10 kiloton warhead that could must be expanded so these scientists would fathom even as we followed, were pulled this have killed at least 100,000 people if it were not be tempted to sell their secrets to North way and that by the swirling currents of these detonated in Manhattan. Korea, Iran or al Qaeda. new dimensions of the struggle.’’

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.080 E08PT1 E188 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 2005 Mr. Davis was also a leading activist in the are a testament to his views on equality and ard’s 2004 Charter Day where he also re- Civil Rights era of the 1960’s. He stood side freedom. Mr. Davis was also a firm believer of ceived a special citation of achievement. by side with Martin Luther King Jr. in the self love and righteousness within the Black In his community service Mr. Davis was also movement for freedom, equality and unity community. His choice of acting roles and his an advocate for issues affecting young Black within our Nation for all. As close friends of written works reflect these ideas in a clear and males. In 2004 Mr. Davis and his wife Ruby the Reverend Dr. King, Ossie and Ruby Dee unmistakable manner. Mr. Davis used his cha- Dee were the luncheon speakers and kicked served as Masters of ceremonies for the his- risma and sheer talent on and off camera to off the State of the African American Male toric 1963 March on Washington. As a strong explore and unfold the complex issues which (SAAM) Conference which I hosted. Mr. Davis advocate of the African American identity, Mr. affect our society and are most often swept stated that it was his personal mission to re- Davis stood by the stimulating words, moving verse the trends affecting our young black persona, and in his words, ‘‘The manifestation under the rug. As a socially conscious actor, he could not sit back while such complex males, such as drug addiction, high drop out of Black manhood’’ that was Malcolm X. He rates and criminal issues. full heartedly felt Malcolm’s message of deter- issuers go unnoticed, making himself a part of mination, self Love, and Knowledge of self. such classical projects as Do the Right Thing, Ossie Davis will forever live in our hearts When Malcolm X and Dr. Martin Luther King Jungle Fever, Malcolm X and most recently and minds through his countless efforts to the passed away Mr. Davis eulogized them both She Hate Me, all projects of writer, actor, di- community, his effortless talents on and off at their funerals. Many believed Mr. Davis rector Spike Lee. camera, and as a loving father and husband. would lose his career as an actor for deliv- He will also be recognized on the world stage Before his untimely death, Ossie Davis ering an eulogy for Brother Malcolm X, an as a pioneer of the Civil Rights movement, began to give back to the community in a enormously controversial figure in American fighting for justice, equality and what he knew History. The courage of Mr. Davis to brave the number of different fashions. He did not simply was right during a time of social uncertainty. fire for his allegiance to Brother Malcolm X throw money at a problem, but took a more Ossie Davis knew as a person not afraid to displays his sensitivity to issues affecting the nurturing hand on approach to his philanthropy think outside the box that the issues facing hearts and minds of the African Americans, efforts. In 2004 Mr. Davis returned home to this country were bigger than you or I and no and the strong foundation of his heritage that his Alma Mater, The Mecca-Howard University one person could lead this country to the was rooted in his soul. where he became a visiting professor in the promised land. He felt a collective effort of His efforts as a Civil Rights leader, activist John H. Johnson School of Communications. change was needed and is quoted as saying. and vanguard as an actor in Black Hollywood Additionally, he served as the orator for How- ‘‘It’s not the man, it’s the plan.’’

VerDate Aug 04 2004 05:15 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.083 E08PT1 Tuesday, February 8, 2005 Daily Digest Senate Board of Trustees of the John F. Kennedy Cen- Chamber Action ter for the Performing Arts: The Chair, on behalf Routine Proceedings, pages S1067–S1148 of the President of the Senate, pursuant to Public Measures Introduced: Sixteen bills and six resolu- Law 85–874, as amended, appointed Senator Coch- tions were introduced, as follows: S. 308–323, S. ran to the Board of Trustees of the John F. Kennedy Res. 43–46, and S. Con. Res. 10–11. Pages S1115–16 Center for the Performing Arts, vice Senator Stevens. Page S1143 Measures Passed: Nominations Received: Senate received the fol- Congratulating James Madison University Foot- lowing nominations: ball Team: Senate agreed to S. Res. 45, com- Brigadier General William T. Grisoli, United mending the James Madison University Dukes foot- States Army, to be a Member of the Mississippi ball team for winning the 2004 NCAA Division River Commission. I–AA National Football Championship. 22 Marine Corps nominations in the rank of gen- Pages S1143–44 eral. Honoring Zurab Zhvania: Senate agreed to S. Routine lists in the Air Force, Army, Foreign Res. 46, commemorating the life of the late Zurab Service, Marine Corps, National Oceanic and Atmos- Zhvania, former Prime Minister of the Republic of pheric Administration. Pages S1145–48 Georgia. Page S1144 Executive Communications: Pages S1114–15 Class Action Fairness Act—Agreement: Senate Additional Cosponsors: Pages S1116–17 continued consideration of S. 5, to amend the proce- Statements on Introduced Bills/Resolutions: dures that apply to consideration of interstate class Pages S1117–42 actions to assure fairer outcomes for class members and defendants, after taking action on the following Additional Statements: Pages S1113–14 amendments proposed thereto: Pages S1076–S1110 Amendments Submitted: Page S1142 Durbin (Modified) Amendment No. 3, to preserve Notices of Hearings/Meetings: Page S1142 State court procedures for handling mass actions. Authority for Committees to Meet: Page S1142 Page S1110 A unanimous-consent agreement was reached pro- Privilege of the Floor: Pages S1142–43 viding for further consideration of the bill at ap- Adjournment: Senate convened at 9:30 a.m., and proximately 10:30 a.m., on Wednesday, February 9, adjourned at 6:32 p.m., until 9:30 a.m., on Wednes- 2005, and that Senator Pryor be recognized to offer day, February 9, 2005. (For Senate’s program, see an amendment. Page S1144 the remarks of Acting Majority Leader in today’s Appointments: Record on pages S1144–45.) The National Council of the Arts: The Chair, on behalf of the Majority Leader, pursuant to Public Committee Meetings Law 105–83, announced the appointment of the fol- (Committees not listed did not meet) lowing individuals to serve as members of The Na- tional Council of the Arts: CREDIT RATING AGENCIES Senators DeWine and Bennett. Page S1143 Committee on Banking, Housing, and Urban Affairs: President’s Export Council: The Chair, pursuant Committee concluded a hearing to examine the role to Executive Order No. 12131, reappointed the fol- of credit rating agencies in capital markets, after re- lowing Member to the President’s Export Council: ceiving testimony from Kathleen A. Corbet, Stand- Senator Enzi. Page S1143 ard and Poor’s, The McGraw-Hill, Companies, Inc., D66

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Stephen W. Joynt, Fitch Ratings, and Raymond W. sociation of Counties; and Tim Lillebo, Oregon Nat- McDaniel, Jr., Moody’s Investors Services, Inc., all of ural Resources Council, Bend, Oregon. New York, New York; Yasuhiro Harada, Rating and Investment Information, Inc., Tokyo, Japan; Sean J. BUDGET REVENUE PROPOSALS Egan, Egan-Jones Ratings Company, Haverford, Committee on Finance: Committee concluded a hearing Pennsylvania; Micah S. Green, The Bond Market As- to examine revenue proposals in the President’s pro- sociation, Washington, D.C.; and James A. Kaitz, posed budget for fiscal year 2006, after receiving tes- Association for Financial Professionals, Bethesda, timony from John W. Snow, Secretary of the Treas- Maryland. ury. 2006 BUDGET NIH BIODEFENSE RESEARCH PROGRAM Committee on the Budget: Committee held a hearing to Committee on Health, Education, Labor, and Pensions: examine the President’s proposed budget for fiscal year 2006, receiving testimony from David M. Subcommittee on Bioterrorism and Public Health Walker, Comptroller General of the United States, Preparedness concluded a hearing to examine the Government Accountability Office. biodefense research program of the National Insti- tutes of Health, focusing on the development of SECURE RURAL SCHOOLS AND medical countermeasures against a bioterrorist at- COMMUNITY SELF-DETERMINATION ACT tack, after receiving testimony from Anthony S. Committee on Energy and Natural Resources: Sub- Fauci, Director, National Institute of Allergy and In- committee on Public Lands and Forests concluded a fectious Diseases, National Institutes of Health, De- hearing to examine the implementation of Titles I partment of Health and Human Services; Penrose C. through III of P.L. 106–393, the Secure Rural Albright, Assistant Secretary of Homeland Security Schools and Community Self-Determination Act of for Science and Technology; Gerald L. Epstein, Cen- 2000, after receiving testimony from Mark Rey, ter for Strategic and International Studies, Wash- Under Secretary of Agriculture for Natural Resources ington, D.C.; Gordon Cameron, Acambis, PLC, and the Environment; Ed Shepard, Assistant Direc- Cambridge, Massachusetts; Jon S. Abramson, Wake tor, Renewable Resources and Planning, Bureau of Forest University School of Medicine, Winston- Land Management, Department of the Interior; Salem, North Carolina; and George Painter, James B. French, Trinity County Office of Edu- Chimerix, Inc., La Jolla, California. cation, Weaverville, California; Timothy Creal, Cus- ter School District, Custer, South Dakota; Reta Grif- BUSINESS MEETING fith, Pocahontas County, Marlinton, West Virginia, Committee on Rules and Administration: Committee or- on behalf of County Commissioners’ Association of dered favorably reported an original resolution au- West Virginia, and Sherry Krulitz, Shoshone Coun- thorizing expenditures by the Committee. ty, Wallace, Idaho, on behalf of the Idaho Associa- Also, committee adopted its rules of procedure for tion of Counties, both on behalf of the National As- the 109th Congress. h House of Representatives ists from abusing the asylum laws of the United Chamber Action States, to unify terrorism-related grounds for inad- Measures Introduced: 63 public bills, H.R. missibility and removal, and to ensure expeditious 609–670, 676; 7 private bills, H.R. 671–675, 677, construction of the San Diego Border fence (H. 678; and; 9 resolutions, H. Con. Res. 46–49, and H. Rept. 109–3). Page H409 Res. 68–72 were introduced. Pages H409–12 Suspensions: The House agreed to suspend the rules Additional Cosponsors: Pages H412–14 and pass the following measures: Reports Filed: Reports were filed today as follows: Supporting the goals and ideals of National H. Res. 71, resolution providing for consideration Mentoring Month: H. Res. 46, supporting the goals of H.R. 418, to establish and rapidly implement and ideals of National Mentoring Month, by a 2⁄3 regulations for State driver’s license and identifica- yea-and-nay vote of 414 yeas with none voting tion document security standards, to prevent terror- ‘‘nay’’, Roll No. 20; Pages H357–60, H367

VerDate Aug 04 2004 05:27 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D08FE5.REC D08FE5 D68 CONGRESSIONAL RECORD — DAILY DIGEST February 8, 2005 John Milton Bryan Simpson United States Committee of the Whole shall rise without motion Courthouse Designation Act: H.R. 315, to des- and no further consideration of the bill shall be in ignate the United States courthouse at 300 North order except by a subsequent order of the House. Hogan Street, Jacksonville, Florida, as the ‘‘John Testimony was heard from Chairman Sensenbrenner, Milton Bryan Simpson United States Courthouse’’, Representatives Kolbe, Jackson-Lee, Nadler, Meek by a 2⁄3 yea-and-nay vote of 412 yeas with none vot- and Farr. Prior to this action the Committee met for ing ‘‘nay’’, Roll No. 21; and Pages H360–362, H367–68 organizational purposes. Tony Hall Federal Building and United States Courthouse Designation Act: H.R. 548, to des- PRESIDENT’S BUDGET FISCAL YEAR 2006 ignate the Federal building and United States court- Committee on Ways and Means: Held a hearing on the house located at 200 West 2nd Street in Dayton, President’s Budget for Fiscal Year 2006. Testimony Ohio, as the ‘‘Tony Hall Federal Building and was heard from John W. Snow, Secretary of the United States Courthouse’’, by a yea-and-nay vote of Treasury. 404 yeas with none voting ‘‘nay’’, Roll No. 22. Hearings continue tomorrow. Pages H362–66, H368–69 f Recess: The House recessed at 3:18 p.m. and recon- vened at 6:30 p.m. Pages H366–67 COMMITTEE MEETINGS FOR WEDNESDAY, Committee Election: The House agreed to H. Res. FEBRUARY 9, 2005 68, electing Representative Simpson to the Com- (Committee meetings are open unless otherwise indicated) mittee on the Budget. Page H369 Presidential Message: Read a message from the Senate President wherein he transmitted to Congress the Committee on the Budget: to continue hearings to exam- Budget of the United States Government for Fiscal ine the President’s proposed budget for fiscal year 2006, Year 2006—referred to the Committee on Appro- 10 a.m., SD–608. priations and ordered printed (H. Doc. 109–2). Committee on Energy and Natural Resources: business Pages H356–57 meeting to consider pending calendar business, 11:30 a.m., SD–366. Quorum Calls—Votes: Three yea-and-nay votes de- Committee on Environment and Public Works: to hold veloped during the proceedings today and appear on hearings to examine the President’s proposed budget pages H367, H367–68 and H368–69. There were for fiscal year 2006 for the Environmental Protection no quorum calls. Agency, 2:30 p.m., SD–406. Adjournment: The House met at 2 p.m. and ad- Committee on Foreign Relations: to hold closed hearings journed at 11:40 p.m. to examine an update on six-party talks, 11 a.m., S–407, Capitol. Committee on Health, Education, Labor, and Pensions: busi- Committee Meetings ness meeting to consider S. 172, to amend the Federal PRESIDENT’S BUDGET FISCAL YEAR 2006 Food, Drug, and Cosmetic Act to provide for the regulation of all contact lenses as medical devices, S. 265, to Committee on the Budget: Held a hearing on the Presi- amend the Public Health Service Act to add requirements dent’s Budget for Fiscal Year 2006. Testimony was regarding trauma care, S. 306, to prohibit discrimination heard from Joshua B. Bolten, Director, OMB. on the basis of genetic information with respect to health REAL ID ACT OF 2005 insurance and employment, S. 302, to make improvements in the Foundation for the National Institutes of Committee on Rules: Granted, by voice vote, a rule Health, S. 285, to reauthorize the Children’s Hospitals providing one hour and 40 minutes of general de- Graduate Medical Education Program, S. 288, to extend bate on H.R. 418, Real ID Act of 2005, with 40 Federal funding for operation of State high risk health in- minutes equally divided and controlled by the chair- surance pools, and the nominations of A. Wilson Greene, man and ranking minority member of the Com- of Virginia, to be a Member of the National Museum and mittee on the Judiciary, 40 minutes equally divided Library Services Board, Katina P. Strauch, of South Caro- and controlled by the chairman and ranking minor- lina, to be a Member of the National Museum and Li- brary Services Board, and Edward L. Flippen, of Virginia, ity member of the Committee on Government Re- to be Inspector General, Corporation for National and form and 20 minutes equally divided and controlled Community Services, Time to be announced, S–216, Cap- by the chairman and ranking minority member of itol. the Committee on Homeland Security. The rule Select Committee on Intelligence: to receive a closed brief- waives all points of order against consideration of the ing regarding certain intelligence matters, 2:30 p.m., bill. The rule provides that after general debate the SH–219.

VerDate Aug 04 2004 05:27 Feb 09, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D08FE5.REC D08FE5 February 8, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D69 House Blair, Jr.), David Richmond, Joseph McNeil, and Frank- lin McCain, known as the ‘‘Greensboro Four,’’ to the civil Committee on Armed Services, hearing on the Fiscal Year rights movement, 10 a.m., 2154 Rayburn; and to hold 2006 National Defense Authorization budget request, 10 a hearing entitled ‘‘Financial Report of the United States a.m., 2118 Rayburn. Government for Fiscal Year 2004,’’ 2 p.m., 2247 Ray- Committee on the Budget, hearing on Social Security: De- burn. fining the Problem, 10 a.m., 210 Cannon. Committee on Homeland Security, to meet for organiza- Committee on Education and the Workforce, Subcommittee tional purposes, and to consider an Oversight Plan for the on 21st Century Competitiveness, to mark up H.R. 27, 109th Congress, 2 p.m., 2261 Rayburn. Job Training Improvement Act of 2005, 10:30 a.m., Committee on House Administration, to meet for organiza- 2175 Rayburn. tional purposes and to consider an Oversight Plan for the Committee on Energy and Commerce, to meet for organiza- l09th Congress, 9:30 a.m., followed by a hearing on Im- tional purposes, and to consider the following: an Over- plementation of the Help America Vote Act, 10 a.m., sight Plan for the 109th Congress; and H.R. 310, Broad- 1310 Longworth. cast Decency Enforcement Act 2005, 12:30 p.m., and to Committee on International Relations, to meet for organi- hold a hearing entitled ‘‘Department of Energy’s Fiscal zational purposes, 10:30 a.m., 2172 Rayburn. Year 2006 Budget Proposal and the Energy Policy Act Subcommittee on Oversight and Investigations, brief- of 2005: Ensuring Jobs for Our Future with Secure and ing on The Volcker Interim Report on the United Na- Reliable Energy,’’ 2 p.m., 2123 Rayburn. tions Oil-for-Food Program, 1:30 p.m., 2172 Rayburn. Subcommittee on Telecommunications and the Inter- Committee on Science, hearing on Improving the Nation’s net, hearing entitled ‘‘How Internet Protocol-Enabled Energy Security: Can Cars and Trucks Be Made More Services are Changing the Face of Communications: A Fuel Efficient? 2:30 p.m., 2318 Rayburn. View from Technology Companies,’’ 10 a.m., 2123 Ray- Committee on Transportation and Infrastructure, Sub- burn. committee on Aviation, oversight hearing on Commercial Committee on Financial Services, Subcommittee on Capital Space Transportation: Beyond the X Prize, 2 p.m., 2167 Markets, Insurance, and Government Sponsored Enter- Rayburn. prises, hearing entitled ‘‘Accounting Irregularities at Committee on Ways and Means, to continue hearings on Fannie Mae and the Impact on Investors,’’ 10 a.m., 2128 the President’s Budget for Fiscal Year 2006, 2 p.m., Rayburn. 1100 Longworth. Committee on Government Reform, to meet for organiza- Subcommittee on Health, to meet for organizational tional purposes and to mark up the following measures: purposes, following full Committee hearing, 1129 Ray- H.R. 324, To designate the facility of the United States burn. Postal Service. Located at 321 Montgomery Road in Subcommittee on Select Revenue Measures, to meet for Altamonte Springs, Florida, as the ‘‘Arthur Stacey organizational purposes, 10 a.m., 1129 Longworth. Mastrapa Post Office Building;’’ and H. Con. Res. 25, Subcommittee on Social Security, to meet for organiza- Recognizing the contributions of Jibreel Khazan (Ezell tional purposes, 11 a.m., B–318 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, February 9 10 a.m., Wednesday, February 9

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of Suspensions: morning business (not to extend beyond 1 hour), Senate (1) H. Con. Res. 6, expressing the sense of the Con- will continue consideration of S. 5, Class Action Fairness gress that the Department of Defense should continue to Act, and Senator Pryor will be recognized to offer an exercise its statutory authority to support the activities of amendment. the Boy Scouts of America, in particular the periodic national and world Boy Scout Jamborees; (2) H. Con. Res. 26, honoring the Tuskegee Airmen for their bravery in fighting for our freedom in World War II, and for their contribution in creating an integrated United States Air Force; and (3) H. Con. Res. 30, supporting the goals and ideals of National Black HIV/Aids Awareness Day. Begin consideration of H.R. 418, Real ID Act of 2005 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Green, Gene, Tex., E185 Pombo, Richard W., Calif., E173 Hastert, J. Dennis, Ill., E167 Porter, Jon C., Nev., E177 Ackerman, Gary L., N.Y., E178 Higgins, Brian, N.Y., E168, E170, E185 Radanovich, George, Calif., E175 Barton, Joe, Tex., E186 Hyde, Henry J., Ill., E179, E186 Rahall, Nick J., II, W.Va., E184 Bordallo, Madeleine Z., Guam, E174 Kanjorski, Paul E., Pa., E183 Rogers, Mike, Ala., E174, E176 Brown-Waite, Ginny, Fla., E169 King, Peter T., N.Y., E185 Ross, Mike, Ark., E186 Chandler, Ben, Ky., E178 Langevin, James R., R.I., E185 Schiff, Adam B., Calif., E177, E187 Costa, Jim, Calif., E175 Lantos, Tom, Calif., E167, E169 Sensenbrenner, F. James, Jr., Wisc., E177 Davis, Danny K., Ill., E187 Levin, Sander M., Mich., E178 Shuster, Bill, Pa., E176 Davis, Tom, Va., E179 Lowey, Nita M., N.Y., E173 Stark, Fortney Pete, Calif., E174 Dingell, John D., Mich., E181 Markey, Edward J., Mass., E183 Thompson, Bennie G., Miss., E180, E182 Doolittle, John T., Calif., E172 Meek, Kendrick B., Fla., E184 Thompson, Mike, Calif., E178 Duncan, John J., Jr., Tenn., E171 Musgrave, Marilyn N., Colo., E176 Upton, Fred, Mich., E184, E185 Eshoo, Anna G., Calif., E173 Ney, Robert W., Ohio, E167, E169, E172, E173, E174, Wilson, Joe, S.C., E179 Farr, Sam, Calif., E172 E175, E176 Wolf, Frank R., Va., E175 Goodlatte, Bob, Va., E182 Oberstar, James L., Minn., E181

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