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

Vol. 151 WASHINGTON, THURSDAY, JULY 14, 2005 No. 95 House of Representatives The House met at 10 a.m. MESSAGE FROM THE SENATE line on spending to ensure the contin- The Chaplain, the Reverend Daniel P. A message from the Senate by Mr. ued health of our economy. Coughlin, offered the following prayer: Monahan, one of its clerks, announced The unemployment rate has fallen Lord God, this Nation places its trust that the Senate has passed without and is the lowest it has been since Sep- in You. Your Divine Providence is most amendment a bill of the House of the tember 2001. Nearly 4 million new jobs reliable; it is Your timing we find dif- following title: were created in the last 2 years alone. ficult to accept. Yesterday, poised for With sustained job growth, falling H.R. 3071. An act to permit the individuals the launch of Discovery, Your people currently serving as Executive Director, deficits, low interest rates and a boom- were ready to celebrate its climb to the Deputy Executive Directors, and General ing housing market, America’s econ- heavens. But a technical indicator gave Counsel of the Office of Compliance to serve omy is robust and getting even strong- pause. The Nation stepped back while one additional term. er. specialists reexamined their work. The message also announced that the Equally important are the numbers We bless You and praise You for this Senate has passed a bill of the fol- which show U.S. manufacturing con- revelation and the future safety and lowing title in which the concurrence tinuing to expand. Durable goods or- success it grants human efforts to ex- of the House is requested: ders are also on the rise. Consumer plore the marvels of Your universe on S. 1395. An act to amend the Controlled confidence is up with such spending ac- another day. Substances Import and Export Act to pro- counting for nearly two-thirds of the Today, as the House of Representa- vide authority for the Attorney General to economy. tives commits itself to the work of the authorize the export of controlled substances The fact that I can stand here today people, may all be more sensitive to from the United States to another country and tout the success of America’s econ- the art of timing. Grant Your servants for subsequent export from that country to a omy can be attributed to the pro- patience with themselves and others second country, if certain conditions and growth agenda of the President and until all helpful possibilities are ex- safeguards are satisfied. this Republican Congress. plored and Your righteous will is f f agreed upon for the common good. ANNOUNCEMENT BY THE SPEAKER SPARING FAMILIES THE In You and with You the movement ULTIMATE TRAGEDY of lasting discovery is made now and The SPEAKER. The Chair will enter- forever. Amen. tain up to 10 one-minute speeches on (Mr. KUCINICH asked and was given each side. permission to address the House for 1 f f minute and to revise and extend his re- THE JOURNAL marks.) AMERICA’S STRONG ECONOMY Mr. KUCINICH. Mr. Speaker, Amer- The SPEAKER. The Chair has exam- (Ms. FOXX asked and was given per- ica has now lost 1,757 of our brave ined the Journal of the last day’s pro- mission to address the House for 1 young men and women in Iraq. H.J. ceedings and announces to the House minute and to revise and extend her re- Res. 55, a bipartisan resolution, sets in his approval thereof. marks.) motion a plan for U.S. withdrawal from Pursuant to clause 1, rule I, the Jour- Ms. FOXX. Mr. Speaker, I rise today Iraq and will spare more families of our nal stands approved. to highlight the reality of the Amer- troops the ultimate tragedy. f ican economy in light of what all of the We should know, too, the suffering doom and gloomers have been saying. which this war has visited on the inno- PLEDGE OF ALLEGIANCE The facts are plain and simple: Our Na- cent people in Iraq. By some counts, The SPEAKER. Will the gentleman tion is producing more, and our govern- over 100,000 innocent Iraqis have per- from California (Mr. DOOLITTLE) come ment is spending less. ished in a war that was based on a false forward and lead the House in the The recent report from the Office of premises. Yesterday, 18 Iraqi children Pledge of Allegiance. Management and Budget forecasts a were killed by a suicide bomber as the Mr. DOOLITTLE led the Pledge of decline in the Federal budget deficit. children reached for candy and toys Allegiance as follows: All along, House Republicans have had from U.S. troops. I pledge allegiance to the Flag of the faith in the American people’s ability Each day, as new tragedies unfold, it United States of America, and to the Repub- to grow our economy and are looking becomes obvious that the presence of lic for which it stands, one nation under God, to the future with confidence. It is our our brave U.S. troops will not end the indivisible, with liberty and justice for all. job in Congress to continue to hold the murderous onslaught.

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 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.000 H14PT1 H5804 CONGRESSIONAL RECORD — HOUSE July 14, 2005 We have done our best to secure the for 1 minute and to revise and extend b 1015 safety of the people of Iraq. Now we his remarks.) TEACHER INCENTIVE FUND need to take steps to bring our troops Mr. DOOLITTLE. Mr. Speaker, in (Mr. PRICE of Georgia asked and was home safely. We need to begin the end crafting Social Security legislation, we given permission to address the House of the war in Iraq. Support House Joint must offer workers the ability to own a Resolution 55 to bring our troops home. for 1 minute.) portion of their retirement through Mr. PRICE of Georgia. Mr. Speaker, f personal accounts. Americans love their teachers, and BUDGET DEFICIT SHRINKS President Roosevelt, the author of they want to reward the best. For too Social Security, was the first to sug- (Mrs. BLACKBURN asked and was long, teachers have been shackled by gest that, in order to provide for the given permission to address the House outdated performance systems that do for 1 minute and to revise and extend country’s retirement needs, Social Se- not necessarily recognize effective her remarks.) curity would need to be supplemented teaching. Americans want to reward Mrs. BLACKBURN. Mr. Speaker, I by personal savings accounts. Personal the best teachers for the work they do. am holding up today’s Washington accounts would allow workers to set Yesterday, I introduced a new initia- Post. There is an article here, ‘‘Rev- aside part of their payroll taxes in a tive, the Teacher Incentive Fund, to re- enue Surge Shrinks the Deficit.’’ Well, nest egg that the government cannot ward these hardworking educators. every day this week, I have come to take away and that can be passed on to This innovative program will allow the floor to talk about how tax reduc- children and grandchildren. teachers to be compensated based on tions work and the growth that we are As Americans, we can choose where performance and accomplishments and seeing in the economy. we work and live, what we drive, which how well they are helping students Over the past 25 months, we have insurance plan is best for us, so why learn and achieve. These voluntary seen an average of 146,000 jobs created can we not give workers a choice when grants would provide incentives for each month. We have near historic it comes to their retirement? States and local school districts to de- lows in unemployment. The GDP has President Bush has said, ‘‘If you own velop, implement, and maintain sys- been revised upward, and we are going something, you have a vital stake in tems that reward teachers and prin- to see a deficit that is about $100 bil- the future of our country. The more cipals who deliver on student achieve- lion less than projected. It just goes to ownership there is in America, the ment. The Teacher Incentive Fund will show, when you give about 92 million more vitality there is in America, and work to put the focus on the most im- Americans a tax cut, good things hap- the more people have a vital stake in portant component in our education, pen. They keep more money in their the future of this country.’’ and that is the children. Evidence pockets, and we see jobs growth, eco- Americans take pride in what they shows that children achieve most when nomic growth, and we also see the def- own. Establishing personal accounts taught by high-quality teachers. icit shrink. within Social Security is an important Most of us remember the teachers f part of encouraging an ownership soci- who affected us in a remarkable way. UPPER MISSISSIPPI ety. For me it was one of my high school NAVIGATIONAL LOCKS PROJECT teachers, Dr. Welch; and I will never forget how he challenged me to excel. (Mr. BLUMENAUER asked and was f Now let us reward those teachers who given permission to address the House reside in every congressional district for 1 minute and to revise and extend WOMEN SUFFRAGISTS DAY his remarks.) and challenge our children to excel Mr. BLUMENAUER. Mr. Speaker, (Ms. BERKLEY asked and was given every day. today, we begin debate on the Water permission to address the House for 1 f minute and to revise and extend her re- Resources Development Act, a serious WOMEN AND THE SUPREME COURT effort by the gentleman from Ten- marks.) (Mrs. MALONEY asked and was given nessee (Mr. DUNCAN) to start fixing a Ms. BERKLEY. Mr. Speaker, I am permission to address the House for 1 seriously broken system with almost pleased to be joined today on the House $60 billion in construction backlog floor by two exceptional soon-to-be minute.) Mrs. MALONEY. Mr. Speaker, Mem- which includes projects which range fourth graders from Southern Nevada, bers on both sides of the aisle and from the good to the bad to the ugly Hannah Low and Destiny Carroll. Americans of all political persuasions and the obsolete. These young women were inspired Since the corps is overwhelmed with after reading about the women’s suf- are heaping praise on Sandra Day projects and labors under outmoded frage movement and began a petition O’Connor for her distinguished service principles and guidelines which Con- drive seeking to create a holiday hon- on the Supreme Court. Finding a fair- gress and the corps have not updated in oring America’s suffragists. minded, evenhanded Justice to replace her, someone who will receive similar over 20 years, the process is inherently, Hannah and Destiny presented this bipartisan accolades when all is said intensely political. petition to me with hundreds of signa- and done, should be our goal. And I The poster child for that is the upper tures that they obtained in my Las Mississippi lock project, the most ex- know she is out there somewhere. Vegas office. I am so proud of Hannah Will the President make it a priority pensive navigation project in history, and Destiny, and I am honored to in- the dinosaur of these projects. An in- to maintain women’s representation on troduce a resolution to establish a day the Court at a paltry 22 percent? Or are spector general found that the Corps to commemorate America’s suffragists. cooked the books and fired somebody we bound to a dismal 11 percent? We do While it may seem unbelievable today, trying to do his job telling the truth. not need a return to token representa- The Blumenauer-Flake amendment it was not very long ago that women tion. will provide a safety valve to ensure were not able to vote in this country. I In the President’s campaign, he used that the project will not go forward un- hope that by creating a holiday hon- the slogan, W is for women; but anyone less it is economically justified, and oring the suffragists, we will keep alive familiar with his administration’s will speed the long overdue process of the memory of the struggle to win this record on equal pay, child care, repro- reforming the operation of the Army important right for women. ductive freedom, and enforcing dis- Corps of Engineers so it can be about I thank Hannah and Destiny for serv- crimination laws knows that W is for the important water resources projects ing as an inspiration for my resolution, woeful on women’s issues. and for being here on this very impor- our country needs. f tant day. I hope it is a moment that f they will long remember, and I hope KARL ROVE PERSONAL RETIREMENT that they continue working to make a (Mr. HENSARLING asked and was ACCOUNTS difference in their community and given permission to address the House (Mr. DOOLITTLE asked and was make a difference in our world and for 1 minute and to revise and extend given permission to address the House make it a better place to be. his remarks.)

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.002 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5805 Mr. HENSARLING. Mr. Speaker, the dress the House for 1 minute and to re- DEPUTY CONSTABLE NEHEMIAH Democrats’ witch-hunt of the week is vise and extend his remarks.) PICKENS aimed at my friend Karl Rove. I have Mr. WILSON of South Carolina. Mr. (Mr. POE asked and was given per- had the pleasure of knowing Karl for Speaker, though the triumphs go large- mission to address the House for 1 over 20 years. I believe he is a man of ly unreported by the media, our men minute.) honesty and integrity who loves his and women in uniform and the Iraqi Mr. POE. Mr. Speaker, on the hot country and serves it well. He was also people are making tremendous progress humid night of July 6, 2005, in Houston, a key player in the President’s reelec- every day in Iraq. An example is the Texas, a police chase occurred. After tion and clearly Democrats want re- Army Corps of Engineers is currently midnight, a car driven by a criminal venge. building 150 new primary health care Based solely upon their partisan in- was fleeing from the police. His vehicle facilities that will provide Iraqis with terpretation of selected press reports, crashed into the gate of an apartment basic medical care, maternity and some Democrats are now calling for his complex. The suspect, a Justin Doyle, emergency services, and medical train- resignation. Mr. Speaker, if trial by jumped from his car and took off on ing. As families throughout Iraq wel- headline is the standard in the Nation’s foot fleeing from the law during the capital, I have some other headlines I come these facilities to their commu- darkness. Deputy Constable Nehemiah would be happy to share, and we know nities, our troops know they are great- Pickens had with others joined the po- that they suggest that some Democrats ly improving the lives of the Iraqi citi- lice chase to capture this individual. may have been involved in illegal ac- zens. As a 31-year veteran of the Na- Eventually, a shootout occurred and tivities. Yet I do not hear my Demo- tional Guard with a son who has served Deputy Pickens was killed while assist- crat colleagues calling for their res- a year in Iraq and two additional sons ing in the pursuit of Doyle. ignations. in the military, I know firsthand of the Nehemiah Pickens was a member of Let us abide by the American stand- military’s competence and success. the Harris County Constable’s Unit, ard that all are innocent until proven Last month I along with the gen- Precinct 6. He was 33 years of age. He guilty. Democrats should end their tleman from Wisconsin (Mr. GREEN) is remembered as a hardworking fam- trial by headline, their character assas- and over 118 other Members established ily man who worked multiple security sination, and their constant Bush bash- the Victory in Iraq Caucus to ensure jobs in addition to his work as a police ing. Instead, I hope that they will that more people are aware of the great officer to support his wife and his three choose to work with Republicans on a achievements which protect American daughters. He was working a part-time bipartisan basis to save Social Secu- families. Today, the caucus announced security job when he was killed to ob- rity, win the war on terror, and create a weekly e-mail service that will de- tain money for a new home. Tomorrow, more jobs for American workers. liver the good news from Iraq. As our he will be buried in Houston, Texas. In f soldiers continue to fulfill their mis- the wake of this tragedy, we are re- KARL ROVE sion, we applaud them on the path to minded that we must never take for victory to win the war on terrorism. granted the police officers of America (Ms. SOLIS asked and was given per- In conclusion, God bless our troops that work every day to enforce the law. mission to address the House for 1 and we will never forget September 11. Deputy Pickens died doing what was minute.) his duty to protect, serve, and defend Ms. SOLIS. Mr. Speaker, over and the people. As hundreds of police offi- over again President Bush has ex- f pressed his commitment to fighting cers and law enforcement personnel, terrorism. But how is it possible when KARL ROVE friends and family gather tomorrow for a top administration official, Deputy his funeral, our prayers go out to his White House Chief of Staff Karl Rove, (Mr. MENENDEZ asked and was family for allowing his life to be sac- leaked classified information and un- given permission to address the House rificed for the rest of us. for 1 minute and to revise and extend dermined U.S. security? Karl Rove f identified a covert CIA agent in an or- his remarks.) chestrated effort to discredit an oppo- Mr. MENENDEZ. Mr. Speaker, we REMEMBERING TWA FLIGHT 800 nent of the administration’s use of in- need to ask, why did Karl Rove, the (Mr. BISHOP of New York asked and telligence for the Iraq war. President’s Deputy Chief of Staff, re- was given permission to address the Karl Rove has top-level national se- veal the identity of a CIA agent? The House for 1 minute and to revise and curity clearance in his position. Yet, Republican National Committee has extend his remarks.) clearly, he cannot be trusted with in- issued furiously spun talking points Mr. BISHOP of New York. Mr. Speak- formation. President Bush cannot that suggest that Karl Rove was mere- er, this coming Saturday marks the allow his administration and top advis- ly trying to keep an inaccurate story ninth anniversary of an American trag- ers to undermine the war on terror. out of the paper. That is absolutely edy, the loss of 230 souls aboard TWA In October 2003, President Bush stat- preposterous. Should the government Flight 800. Bound for Paris, France, ed: ‘‘If someone did leak classified in- start giving out secret information to flight 800 fell from the sky just south formation, I’d like to know it. And reporters as background information? of Moriches, Long Island, only minutes we’ll take the appropriate action.’’ Mr. Of course not. No, the real reason Karl after its departure from JFK Inter- President, it is time to take action Rove outed a CIA agent was because national Airport. Many of us recall ex- now. Karl Rove should resign. Presi- the administration did not like the actly where we were on that evening of dent Bush pledged to restore honor and story. They did not like that they were July 17, 1996, an indelible memory of integrity to the White House and to being caught perpetuating a false story when we felt the tremendous shock, the Presidency. Removing Karl Rove about nuclear materials from Niger in fright, and sadness upon learning all from his duties and position would be order to justify their run-up to war, so aboard Flight 800 had perished. an appropriate first step. they tried to change the subject. But from great sorrow and hope new f Karl Rove only knows one way to beginnings can rise. The overwhelming ANNOUNCEMENT BY THE SPEAKER change the subject, attack the mes- outpouring of support and good will PRO TEMPORE senger. Normally these are just des- after Flight 800 spoke volumes of The SPEAKER pro tempore (Mr. picable political dirty tricks, but in America’s compassion, resolve, and LAHOOD). Members are advised to di- this case it was a threat to national se- greatness. rect their comments to the Chair and curity by deliberately outing a CIA On this solemn occasion, we extend not to the President. agent. Karl Rove has demonstrated our thoughts and prayers to the fami- that he is not beyond using classified lies of the passengers aboard Flight 800. f information to further his political We will always remember the profound SUCCESS IN IRAQ CONTINUES agenda, and it is time for him to be loss that each of them continues to live (Mr. WILSON of South Carolina stripped of his security clearance and with in the long years since that ter- asked and was given permission to ad- shown the door. rible night 9 years ago.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.005 H14PT1 H5806 CONGRESSIONAL RECORD — HOUSE July 14, 2005 Mr. Speaker, may God bless every valor above and beyond the call of the very information about Valerie one of them. duty. The medal is the highest national Plame from the beginning, and they f award for valor by a public safety offi- should deny him any further security cer and only 10 public safety officers clearance. IN HONOR OF THE MEMORIAL will receive this award this year. For 2 years, the Republicans and the RIFLE SQUAD AT FORT I commend those firefighters for Bush White House have defended Rove, SNELLING NATIONAL CEMETERY their exceptional courage and decisive- and now we know that everything that (Mr. KLINE asked and was given per- ness in an extraordinary situation and they were telling us was simply false. mission to address the House for 1 know my colleagues will join me in It is time for Bush to remove Rove minute.) honoring them today. from the White House. It is time for Mr. KLINE. Mr. Speaker, I rise today f Republicans to take this seriously and to recognize the remarkable accom- not come up here and talk about their REDUCING HEALTH RISKS FROM plishments of the members of the Me- friends and criticize Democrats. morial Rifle Squad at Fort Snelling OBESITY f National Cemetery. These men set an (Mr. MURPHY asked and was given example of selfless service for all permission to address the House for 1 b 1030 Americans. minute and to revise and extend his re- IN FAVOR OF CONTINUED TAX Since June 19, 1979, the Fort Snelling marks.) CUTS AND IMPLEMENTING Memorial Rifle Squad has performed a Mr. MURPHY. Mr. Speaker, obesity CAFTA FOR FURTHER ECONOMIC critical service by providing a military and obesity-associated annual hospital GROWTH cemetery burial service for honorably costs for children and adolescents have discharged veterans. Over the past 25 more than tripled over 2 decades, rising (Mr. DREIER asked and was given years, the rifle squad has conducted from $35 million in 1979 to $127 million permission to address the House for 1 42,000 funerals, free of charge, at the re- in 2000. minute and to revise and extend his re- quest of families and veterans organi- This alarming rise in childhood obe- marks.) zations. The first squad boasted six sity has resulted in a generation of Mr. DREIER. Mr. Speaker, since members, the youngest of whom was 50 children with many of the medical Ronald Reagan was President, I have years old. Today, the ages of the more complications historically associated been listening to my very distinguished than 100 members of the rifle squad with adults, such as hypertension, dia- friends on the other side of the aisle range from 26 to 87, averaging a spry betes, cholesterol, and heart disease. time and time again say that, if we cut 71.6 years. Adult obesity increases risks for over taxes, the economy will go into the Mr. Speaker, these men never miss a 20 medical conditions costing about $75 tank and will dramatically exacerbate funeral, braving the brutal cold, snow billion in medical expenses. the Federal deficit. and wind of our Minnesota winters. Mr. Obesity prevention starts at home. Yesterday morning we picked up the Speaker, the members of the Memorial Parents need to begin to teach personal New York Times, and there it was: It Rifle Squad have unselfishly given to responsibility early on, to eat healthy showed that the tax cuts that we put our country through their own mili- meals, and establish an exercise rou- into place over the past few years tary service and continue that tradi- tine for their families. There is no Fed- under the leadership of President Bush, tion today by honoring their fellow eral program that can improve the hab- in fact, have increased the flow of reve- veterans. I commend their remarkable its of our Nation’s children better than nues to the Federal treasury. And accomplishments and thank them for a team of responsible parents. guess who is paying those increased their service. For our part, Congress should work taxes, Mr. Speaker? It is the wealthy. We have also seen this morning evi- f with local communities to promote ac- cess to nutritious foods and physical dence of zero inflation. That was what IN HONOR OF CAPTAIN PATRICK activity programs that make healthy was reported this morning, zero infla- MARTIN, FIREFIGHTER MARVIN life-styles a priority, both in schools tion. We have seen the gross domestic DONALDSON, FIREFIGHTER STE- and the workplace. I ask that Members product growth at 3.8 percent, and we PHEN JOHNSON, FIREFIGHTER learn more about the costs and medical are continuing to see more and more DAVID BRADLEY, AND MR. SEAN problems associated with obesity and jobs created in this country. MCKARNIN other health care issues and urge them Mr. Speaker, there are many other (Mr. CLEAVER asked and was given to visit my Web site at mur- things that we can do to expand this permission to address the House for 1 phy.house.gov. very positive economic growth that we are enjoying today, and it is first to minute and to revise and extend his re- f marks.) further cut taxes so that we can expand Mr. CLEAVER. Mr. Speaker, I rise to KARL ROVE that growth and also to realize that a honor five firefighters from my dis- (Mr. PALLONE asked and was given tariff is a tax, and if we can eliminate trict, Missouri’s Fifth, who selflessly permission to address the House for 1 taxes by implementing the Central risked their lives in the line of duty. minute and to revise and extend his re- American Free Trade Agreement, we On February 23, 2004, Captain Patrick marks.) will open up new markets for U.S. Martin, Firefighter Marvin Donaldson, Mr. PALLONE. Mr. Speaker, one of goods and services. Let us recognize Firefighter David Bradley, Firefighter my Republican colleagues from Texas the growth that we have had and ex- Stephen Johnson, and Mr. Sean just said that Karl Rove is his friend pand this by opening up new markets McKarnin responded to a fire at a resi- and is innocent until proven guilty and with passage of CAFTA. dence in South Kansas City not far that Democrats should not criticize the f from where I live. Upon their arrival at Bush administration on this issue. the scene, they came under heavy and Republicans need to realize how seri- QUESTIONING KARL ROVE’S CON- rapid gunfire from a nearby residence ous Rove’s actions were. Karl Rove’s TINUED EMPLOYMENT IN THE and were pinned down for nearly 30 actions jeopardize the life of every CIA WHITE HOUSE minutes while the fire raged. In the agent, every CIA agent that Valerie (Mr. GEORGE MILLER of California midst of this chaos, a paramedic who Plame ever came into contact with. asked and was given permission to ad- also responded to the scene was shot. President Bush’s father, a former CIA dress the House for 1 minute.) The team members successfully pulled director, believes it so serious that he Mr. GEORGE MILLER of California. her to safety and eventually extin- said that people who expose CIA agents Mr. Speaker, Americans must have guished the fire. are the most insidious of traitors. thought that the world was turned up- Today, these five heroes will be Rather than demand answers from side down the other day when they awarded the Public Safety Officer Rove, congressional Republicans are ei- turned on their TV in the morning and Medal of Valor by President Bush. He ther silent or are attacking Democrats. they saw former Speaker Newt Ging- will recognize their extraordinary They should be asking how Rove had rich, who was convicted of lying to the

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.008 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5807 House of Representatives and fined Case Kaptur Ramstad Kennedy (MN) Ney Schwarz (MI) $300,000, calling Joe Wilson, who Presi- Castle Kelly Rangel King (IA) Northup Sessions Chandler Kennedy (RI) Reichert King (NY) Norwood Shadegg dent George Bush the first called a Clay Kildee Rohrabacher Kingston Nunes Shaw great patriot for standing up to Sad- Cleaver Kind Ross Kline Nussle Shays dam Hussein; here was a convicted liar Clyburn Kirk Rothman Knollenberg Ortiz Sherwood Kolbe Osborne Newt Gingrich calling Joe Wilson a Conyers Kucinich Roybal-Allard Shimkus Cooper Langevin Ruppersberger Kuhl (NY) Otter Shuster LaHood Oxley liar. Something is terribly wrong with Costa Lantos Rush Simpson Costello Larsen (WA) Ryan (OH) Latham Paul that picture. Smith (TX) Crowley Larson (CT) Sabo LaTourette Pearce The question of Karl Rove’s continu- Sodrel Cummings Leach Salazar Lewis (CA) Pence ation in the White House is not a ques- Davis (AL) Lee Sa´ nchez, Linda Lewis (KY) Peterson (PA) Souder tion just of a legal matter. It is of eth- Davis (CA) Levin T. Linder Petri Stearns Sullivan ical and moral consequences. Does the Davis (FL) Lewis (GA) Sanchez, Loretta Lucas Pickering Davis (IL) Lipinski Sanders Lungren, Daniel Pitts Tancredo President continue to rely on the ad- Davis (TN) LoBiondo Saxton E. Platts Taylor (NC) vice and keep employed in the White Davis, Tom Lofgren, Zoe Schakowsky Mack Poe Terry House a man who sought to destroy the DeFazio Lowey Schiff Manzullo Pombo Thomas reputations and perhaps put in danger DeGette Lynch Schwartz (PA) Marchant Porter Thornberry Delahunt Maloney Scott (GA) McCaul (TX) Price (GA) Tiahrt a CIA agent and her contacts and her DeLauro Markey Scott (VA) McCotter Pryce (OH) Tiberi fellow workers? Does the President Dicks Marshall Sensenbrenner McCrery Putnam Turner continue to employ that person recog- Dingell Matheson Serrano McHenry Radanovich Upton McHugh Regula nizing that that was done for the sole Doggett Matsui Sherman Walden (OR) Doyle McCarthy Skelton McKeon Rehberg Walsh McMorris purposes of trying to get retribution Emanuel McCollum (MN) Slaughter Renzi Wamp Engel McDermott Smith (NJ) Melancon Reyes because they provided the evidence Weldon (FL) Eshoo McGovern Smith (WA) Mica Reynolds that what the White House said about Weldon (PA) Etheridge McKinney Snyder Miller (MI) Rogers (AL) Weller weapons of mass destruction was not Evans McNulty Solis Miller, Gary Rogers (KY) accurate, it was not truthful, in fact, it Farr Meehan Spratt Moran (KS) Rogers (MI) Westmoreland Whitfield turned out to be a lie? Fattah Meek (FL) Stark Murphy Ros-Lehtinen Filner Meeks (NY) Stupak Musgrave Royce Wicker Wilson (SC) f Fitzpatrick (PA) Menendez Sweeney Myrick Ryan (WI) Ford Michaud Tanner Neugebauer Ryun (KS) Young (AK) ANNOUNCEMENT BY THE SPEAKER Frank (MA) Millender- Tauscher Frelinghuysen McDonald Taylor (MS) NOT VOTING—16 PRO TEMPORE Gordon Miller (NC) Thompson (CA) Capps Gutierrez Simmons The SPEAKER pro tempore (Mr. Green (WI) Miller, George Thompson (MS) Cardin Kilpatrick (MI) Strickland Grijalva Mollohan Tierney Carson McIntyre Weiner LAHOOD). Pursuant to clause 8 of rule Harman Moore (KS) Towns Cubin Miller (FL) Young (FL) XX, proceedings will resume on a mo- Hastings (FL) Moore (WI) Udall (CO) Cunningham Oberstar tion to instruct conferees and three Herseth Moran (VA) Udall (NM) Gallegly Obey Higgins Murtha Van Hollen motions to suspend the rules pre- Hinchey Nadler Vela´ zquez viously postponed. Holden Napolitano Visclosky b 1057 Holt Neal (MA) Wasserman Votes will be taken in the following Messrs. NORWOOD, MCCRERY, REY- order: Honda Olver Schultz Hooley Owens Waters NOLDS, BAKER, KINGSTON, SHAYS, Motion to instruct conferees on H.R. Hoyer Pallone Watson OXLEY, SOUDER, and MCHUGH, AND 6, by the yeas and nays; Inslee Pascrell Watt MRS. MYRICK and Mrs. NORTHUP H.R. 3100, by the yeas and nays; Israel Pastor Waxman Jackson (IL) Payne Wexler changed their vote from ‘‘yea’’ to H. Con. Res. 191, by the yeas and Jefferson Pelosi Wilson (NM) ‘‘nay.’’ nays; and Johnson (IL) Peterson (MN) Wolf Ms. SLAUGHTER and Mrs. KELLY House Resolution 356, by the yeas and Johnson, E. B. Pomeroy Woolsey changed their vote from ‘‘nay’’ to nays. Jones (OH) Price (NC) Wu Kanjorski Rahall Wynn ‘‘yea.’’ The first electronic vote will be con- So the motion was rejected. ducted as a 15-minute vote. Remaining NAYS—217 The result of the vote was announced electronic votes will be conducted as 5- Abercrombie Coble Gingrey as above recorded. minute votes. Aderholt Cole (OK) Gohmert Akin Conaway Gonzalez f f Alexander Cox Goode Bachus Cramer Goodlatte MOTION TO INSTRUCT CONFEREES Baker Crenshaw Granger ANNOUNCEMENT BY THE SPEAKER ON H.R. 6, ENERGY POLICY ACT Barrett (SC) Cuellar Graves PRO TEMPORE OF 2005 Bartlett (MD) Culberson Green, Al Barton (TX) Davis (KY) Green, Gene The SPEAKER pro tempore (Mr. Bass Davis, Jo Ann Gutknecht The SPEAKER pro tempore. The un- LAHOOD). The Chair would announce Beauprez Deal (GA) Hall finished business is the question on the Biggert DeLay Harris that the vote on H. Con. Res. 191 will be motion to instruct conferees on H.R. 6. Bilirakis Dent Hart taken later today. The Clerk will designate the motion. Bishop (UT) Diaz-Balart, L. Hastert The Clerk designated the motion. Blackburn Diaz-Balart, M. Hastings (WA) Blunt Doolittle Hayes f The SPEAKER pro tempore. The Boehner Drake Hayworth question is on the motion to instruct Bonilla Dreier Hefley EAST ASIA SECURITY ACT OF 2005 conferees offered by the gentlewoman Bonner Duncan Hensarling Bono Edwards Herger The SPEAKER pro tempore. The un- from California (Mrs. CAPPS) on which Boozman Ehlers Hinojosa finished business is the question of sus- the yeas and nays were ordered. Boren Emerson Hobson pending the rules and passing the bill, The vote was taken by electronic de- Boustany English (PA) Hoekstra H.R. 3100. vice, and there were—yeas 201, nays Brady (TX) Everett Hostettler Brown (SC) Feeney Hulshof The Clerk read the title of the bill. 217, not voting 16, as follows: Brown-Waite, Ferguson Hunter The SPEAKER pro tempore. The [Roll No. 373] Ginny Flake Hyde Burgess Foley Inglis (SC) question is on the motion offered by YEAS—201 Burton (IN) Forbes Issa the gentleman from Illinois (Mr. HYDE) Ackerman Berkley Boyd Buyer Fortenberry Istook that the House suspend the rules and Allen Berman Bradley (NH) Calvert Fossella Jackson-Lee Andrews Berry Brady (PA) Camp Foxx (TX) pass the bill, H.R. 3100, on which the Baca Bishop (GA) Brown (OH) Cannon Franks (AZ) Jenkins yeas and nays are ordered. Baird Bishop (NY) Brown, Corrine Cantor Garrett (NJ) Jindal This will be a 5-minute vote. Baldwin Blumenauer Butterfield Capito Gerlach Johnson (CT) The vote was taken by electronic de- Barrow Boehlert Capuano Carter Gibbons Johnson, Sam Bean Boswell Cardoza Chabot Gilchrest Jones (NC) vice, and there were—yeas 215, nays Becerra Boucher Carnahan Chocola Gillmor Keller 203, not voting 15, as follows:

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.010 H14PT1 H5808 CONGRESSIONAL RECORD — HOUSE July 14, 2005 [Roll No. 374] Gutknecht Marshall Rush MOMENT OF SILENCE IN MEMORY Hall McCarthy Ryan (WI) YEAS—215 Harman McCollum (MN) Ryun (KS) OF VICTIMS OF TERRORIST AT- Abercrombie Filner Nadler Harris McCrery Sabo TACKS IN LONDON, ENGLAND, Ackerman Fitzpatrick (PA) Neal (MA) Hart McDermott Sanchez, Loretta ON JULY 7, 2005 Hastings (FL) McGovern Saxton Aderholt Foley Ney The SPEAKER. Before voting on H. Akin Forbes Northup Hensarling McHugh Schakowsky Herseth McKeon Alexander Ford Norwood Scott (VA) Res. 356, the resolution condemning the Hinchey McKinney Sensenbrenner Allen Fortenberry Osborne terrorist attacks in London, England, Hobson Meehan Sessions Andrews Foxx Owens Hoekstra Meek (FL) Shays on July 7, 2005, the Chair asks Members Bachus Frank (MA) Oxley Holt Meeks (NY) Shimkus to join with the leadership to stand and Baldwin Franks (AZ) Pascrell Honda Menendez Shuster Barrett (SC) Gerlach Pearce observe a moment of silence in mem- Barrow Gillmor Hooley Mica Simpson Pelosi Hoyer Millender- Skelton ory of the victims of the London bomb- Barton (TX) Gingrey Pence Berkley Goode Hulshof McDonald Slaughter ings and in support of the people of the Peterson (MN) Inslee Miller (NC) Smith (TX) United Kingdom. Bilirakis Granger Peterson (PA) Bishop (GA) Graves Israel Miller, George Smith (WA) Pickering Bishop (NY) Green (WI) Issa Moore (KS) Snyder f Pitts Bishop (UT) Green, Al Jackson (IL) Moran (KS) Sodrel Platts Blackburn Green, Gene Jefferson Moran (VA) Stark ANNOUNCEMENT BY THE SPEAKER Pombo Blunt Grijalva Jenkins Murphy Sullivan Porter The SPEAKER. Without objection, 5- Bono Hastings (WA) Johnson (CT) Murtha Sweeney Boozman Hayes Putnam Jones (OH) Napolitano Tancredo minute voting will continue. Boyd Hayworth Radanovich Kennedy (MN) Neugebauer Tauscher There was no objection. Bradley (NH) Hefley Ramstad Kind Nunes Thomas Brady (PA) Herger Reynolds King (IA) Nussle Thompson (CA) f Brown (OH) Higgins Rogers (AL) Kingston Olver Thornberry Brown, Corrine Hinojosa Rogers (KY) Kirk Ortiz Tiahrt CONDEMNING THE TERRORIST AT- Brown-Waite, Holden Rogers (MI) Kline Otter Tiberi TACKS IN LONDON, ENGLAND, Ginny Hostettler Rohrabacher Kolbe Pallone Turner ON JULY 7, 2005 Burton (IN) Hunter Ros-Lehtinen Kuhl (NY) Pastor Udall (CO) Butterfield Hyde Ross LaHood Paul Udall (NM) The SPEAKER. The unfinished busi- Buyer Inglis (SC) Rothman Larsen (WA) Payne Upton ness is the question of suspending the Latham Petri Van Hollen Cantor Istook Roybal-Allard rules and agreeing to the resolution, H. Capito Jackson-Lee Royce LaTourette Poe Vela´ zquez Cardoza (TX) Ryan (OH) Leach Pomeroy Visclosky Res. 356. Carnahan Jindal Salazar Lee Price (GA) Waters The Clerk read the title of the resolu- Case Johnson (IL) Sa´ nchez, Linda Levin Price (NC) Watt tion. Castle Johnson, E. B. T. Lewis (CA) Pryce (OH) Waxman Chabot Johnson, Sam Sanders Lewis (GA) Rahall Weller The SPEAKER. The question is on Chandler Jones (NC) Schiff Lewis (KY) Rangel Westmoreland the motion offered by the gentleman Chocola Kanjorski Schwartz (PA) Lipinski Regula Wexler from Illinois (Mr. HYDE) that the House Cleaver Kaptur Schwarz (MI) LoBiondo Rehberg Whitfield Lofgren, Zoe Reichert suspend the rules and agree to the reso- Cole (OK) Keller Scott (GA) Wilson (NM) Lynch Renzi Woolsey Conyers Kelly Serrano lution, H.R. 356, on which the yeas and Manzullo Reyes Wynn Cooper Kennedy (RI) Shadegg nays are ordered. Marchant Ruppersberger Young (AK) Costa Kildee Shaw This will be a 5-minute vote. Cox King (NY) Sherman NOT VOTING—15 The vote was taken by electronic de- Crowley Knollenberg Sherwood Culberson Kucinich Capps Gallegly Oberstar vice, and there were—yeas 416, nays 0, Smith (NJ) Cardin Gutierrez Obey Cummings Langevin Solis not voting 18, as follows: Davis (AL) Lantos Carson Kilpatrick (MI) Simmons Souder Cubin McIntyre Weiner [Roll No. 375] Davis (FL) Larson (CT) Spratt Davis (TN) Linder Cunningham Miller (FL) Young (FL) Stearns YEAS—416 Davis, Jo Ann Lowey Strickland 1122 Ackerman Brown (OH) Davis (TN) Deal (GA) Lucas b Stupak Aderholt Brown (SC) Davis, Jo Ann DeFazio Lungren, Daniel Tanner Messrs. LAHOOD, EMANUEL, Akin Brown, Corrine Davis, Tom DeGette E. Taylor (MS) MCGOVERN, DELAHUNT, OLVER, Alexander Brown-Waite, Deal (GA) DeLauro Mack Allen Ginny DeFazio DeLay Taylor (NC) POE, COSTELLO, SMITH of Wash- Maloney Andrews Burgess DeGette Dent Terry ington, WELLER, THORNBERRY, Markey Baca Burton (IN) Delahunt Diaz-Balart, L. Thompson (MS) Matheson BAIRD, BURGESS, HASTINGS of Flor- Bachus Buyer DeLauro Diaz-Balart, M. Tierney Matsui ida, NEUGEBAUER, MARCHANT, Baird Calvert DeLay Dingell Towns McCaul (TX) Baker Camp Dent Doggett Walden (OR) GOHMERT, YOUNG of Alaska, McCotter Baldwin Cannon Diaz-Balart, L. Doolittle Walsh LARSEN of Washington, KINGSTON, McHenry Barrett (SC) Cantor Diaz-Balart, M. Doyle Wamp McMorris BRADY of Texas, GILCHREST, Barrow Capito Dicks Drake Wasserman McNulty WEXLER, TANCREDO, CARTER, Bartlett (MD) Capuano Dingell Duncan Schultz Melancon Barton (TX) Cardoza Doggett Edwards Watson MEEK of Florida, WYNN, BASS, Michaud Bass Carnahan Doolittle Emerson Weldon (FL) NUNES, JEFFERSON, MEEHAN, Miller (MI) Bean Carter Doyle Engel Weldon (PA) Miller, Gary SHAYS, BOUCHER, CALVERT, GOR- Beauprez Case Drake Evans Wicker Mollohan DON, TURNER of Ohio, BOSWELL, Becerra Castle Dreier Farr Wilson (SC) Moore (WI) Berkley Chabot Duncan Fattah Wolf KIND, SCOTT of Virginia, UDALL of Musgrave Berman Chandler Edwards Feeney Myrick Wu Colorado, LYNCH, RANGEL, ISRAEL, Berry Chocola Ehlers KUHL of New York, LEVIN, DAVIS of Biggert Clay Emanuel NAYS—203 Kentucky, COBLE, WESTMORELAND, Bilirakis Cleaver Emerson Baca Brady (TX) Delahunt MENENDEZ, HOLT, PALLONE, WAX- Bishop (GA) Clyburn Engel Baird Brown (SC) Dicks Bishop (NY) Coble English (PA) Baker Burgess Dreier MAN, MEEKS of New York, GOOD- Bishop (UT) Cole (OK) Eshoo Bartlett (MD) Calvert Ehlers LATTE, SKELTON, RUSH, DAVIS of Blackburn Conaway Etheridge Bass Camp Emanuel Illinois, JACKSON of Illinois, Mrs. Blumenauer Conyers Evans Bean Cannon English (PA) JOHNSON of Connecticut, Ms. Blunt Cooper Everett Beauprez Capuano Eshoo Boehlert Costa Farr Becerra Carter Etheridge SCHAKOWSKY, Ms. MILLENDER- Boehner Costello Fattah Berman Clay Everett MCDONALD, Ms. PRYCE of Ohio, Ms. Bonilla Cox Feeney Berry Clyburn Ferguson HARRIS, and Mrs. JONES of Ohio Bonner Cramer Ferguson Biggert Coble Flake changed their vote from ‘‘yea’’ to Bono Crenshaw Filner Blumenauer Conaway Fossella Boozman Crowley Fitzpatrick (PA) Boehlert Costello Frelinghuysen ‘‘nay.’’ Boren Cuellar Flake Boehner Cramer Garrett (NJ) Miss MCMORRIS changed her vote Boswell Culberson Foley Bonilla Crenshaw Gibbons from ‘‘nay’’ to ‘‘yea.’’ Boucher Cummings Forbes Bonner Cuellar Gilchrest So (two-thirds not having voted in Boustany Davis (AL) Ford Boren Davis (CA) Gohmert Boyd Davis (CA) Fortenberry Boswell Davis (IL) Gonzalez favor thereof) the motion was rejected. Bradley (NH) Davis (FL) Fossella Boucher Davis (KY) Goodlatte The result of the vote was announced Brady (PA) Davis (IL) Foxx Boustany Davis, Tom Gordon as above recorded. Brady (TX) Davis (KY) Frank (MA)

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.004 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5809 Frelinghuysen Lofgren, Zoe Rohrabacher NOT VOTING—18 eration of sections 1501–1506 of the Garrett (NJ) Lowey Ros-Lehtinen Abercrombie Cunningham Mollohan House bill, and sections 221 and 223–225 Gerlach Lucas Ross Butterfield Franks (AZ) Oberstar Gibbons Lungren, Daniel Rothman of the Senate amendment, and modi- Capps Gallegly Obey Gilchrest E. Roybal-Allard Cardin Kilpatrick (MI) Pearce fications committed to conference. Gillmor Lynch Royce Carson McIntyre Weiner From the Committee on Agriculture, Gingrey Mack Ruppersberger Cubin Miller (FL) Young (FL) for consideration of sections 332, 344, Gohmert Maloney Rush Gonzalez Manzullo Ryan (OH) b 1132 346, 1701, 1806, 2008, 2019, 2024, 2029, and Goode Marchant 2030 of the House bill, and sections 251– Ryan (WI) So (two-thirds having voted in favor Goodlatte Markey Ryun (KS) 253, 264, 303, 319, 342, 343, 345, and 347 of Gordon Marshall Sabo thereof) the rules were suspended and the Senate amendment, and modifica- Granger Matheson Salazar the resolution was agreed to. tions committed to conference: Messrs. Graves Matsui Sa´ nchez, Linda The result of the vote was announced Green (WI) McCarthy GOODLATTE, LUCAS, and PETERSON of T. as above recorded. Green, Al McCaul (TX) Sanchez, Loretta Minnesota. A motion to reconsider was laid on Green, Gene McCollum (MN) Sanders From the Committee on Armed Serv- Grijalva McCotter Saxton the table. Gutierrez McCrery ices, for consideration of sections 104, Schakowsky f Gutknecht McDermott Schiff 231, 601–607, 609–612, and 661 of the Hall McGovern Schwartz (PA) PERSONAL EXPLANATION House bill, and sections 104, 281, 601–607, Harman McHenry Schwarz (MI) Mr. GUTIERREZ. Mr. Speaker, I was un- 609, 610, 625, 741–743, 1005, and 1006 of the Harris McHugh Scott (GA) Senate amendment, and modifications Hart McKeon Scott (VA) avoidably absent from this Chamber today, Hastert McKinney Sensenbrenner due to a serious delay in my flight. I would like committed to conference: Messrs. Hastings (FL) McMorris Serrano HUNTER, WELDON of Pennsylvania, and Hastings (WA) McNulty the RECORD to show that, had I been present, Sessions I would have voted ‘‘yea’’ on rollcall votes 373, SKELTON. Hayes Meehan Shadegg From the Committee on Education Hayworth Meek (FL) Shaw 374, and 375. Hefley Meeks (NY) and the Workforce, for consideration of Shays f Hensarling Melancon Sherman sections 121, 632, 640, 2206, and 2209 of Herger Menendez Sherwood ANNOUNCEMENT BY COMMITTEE the House bill, and sections 625, 1103, Herseth Mica Shimkus ON RULES REGARDING AMEND- Higgins Michaud 1104 and 1106 of the Senate amendment, Shuster Hinchey Millender- MENTS TO H.R. 2601, FOREIGN and modifications committed to con- Simmons Hinojosa McDonald RELATIONS AUTHORIZATION ACT Simpson ference: Messrs. NORWOOD, SAM JOHN- Hobson Miller (MI) Skelton FOR FISCAL YEARS 2006 AND 2007 SON of Texas, and KIND. Hoekstra Miller (NC) Slaughter From the Committee on Financial Holden Miller, Gary Mr. DREIER. Mr. Speaker, the Rules Smith (NJ) Holt Miller, George Services, for consideration of sections Smith (TX) Committee may meet the week of July Honda Moore (KS) 141–149 of the House bill, and sections Smith (WA) 18 to grant a rule which could limit the Hooley Moore (WI) Snyder 161–164 and 505 of the Senate amend- Hostettler Moran (KS) amendment process for floor consider- Sodrel ment, and modifications committed to Hoyer Moran (VA) ation of H.R. 2601, the Foreign Rela- Solis Hulshof Murphy tions Authorization Act for Fiscal conference: Mr. OXLEY, Mr. NEY, and Souder Hunter Murtha Years 2006 and 2007. The Committee on Ms. WATERS. Hyde Musgrave Spratt Stark International Relations ordered the From the Committee on Government Inglis (SC) Myrick Reform, for consideration of sections Inslee Nadler Stearns bill reported on June 9, 2005, and filed Israel Napolitano Strickland its report in the House on July 13. 102, 104, 105, 203, 205, 502, 624, 632, 701, Issa Neal (MA) Stupak Any Member wishing to offer an 704, 1002, 1227, and 2304 of the House Istook Neugebauer Sullivan bill, and sections 102, 104, 105, 108, 203, Sweeney amendment should submit 55 copies of Jackson (IL) Ney 502, 625, 701–703, 723–725, 741–743, 939, and Jackson-Lee Northup Tancredo the amendment and one copy of a brief (TX) Norwood Tanner explanation of the amendment to the 1011 of the Senate amendment, and Jefferson Nunes Tauscher Rules Committee in room H–312 of the modifications committed to con- Jenkins Nussle Taylor (MS) ference: Mr. TOM DAVIS of Virginia, Mr. Taylor (NC) Capitol by 10 a.m. on Monday, July 18. Jindal Olver ISSA, and Ms. WATSON. Johnson (CT) Ortiz Terry Members should draft their amend- Johnson (IL) Osborne Thomas ments to the text of the bill as re- From the Committee on the Judici- Johnson, E. B. Otter Thompson (CA) ported by the International Relations ary, for consideration of sections 320, Johnson, Sam Owens Thompson (MS) Committee. 377, 612, 625, 632, 663, 665, 1221, 1265, 1270, Jones (NC) Oxley Thornberry 1283, 1442, 1502, and 2208 of the House Jones (OH) Pallone Tiahrt Members should use the Office of Kanjorski Pascrell Tiberi Legislative Counsel to ensure that bill, and sections 137, 211, 328, 384, 389, Kaptur Pastor Tierney their amendments are drafted in the 625, 1221, 1264, 1269, 1270, 1275, 1280, and Keller Paul Towns most appropriate format. Members are 1402 of the Senate amendment, and Kelly Payne Turner modifications committed to con- Kennedy (MN) Pelosi Udall (CO) also advised to check with the Office of Kennedy (RI) Pence Udall (NM) the Parliamentarian to be certain their ference: Messrs. SENSENBRENNER, Kildee Peterson (MN) Upton amendments comply with the rules of CHABOT, and CONYERS. Kind Peterson (PA) Van Hollen the House. From the Committee on Resources, King (IA) Petri Vela´ zquez for consideration of sections 204, 231, f King (NY) Pickering Visclosky 330, 344, 346, 355, 358, 377, 379, title V, Kingston Pitts Walden (OR) APPOINTMENT OF CONFEREES ON Kirk Platts Walsh sections 969–976, 1701, 1702, title XVIII, Kline Poe Wamp H.R. 6, ENERGY POLICY ACT OF sections 1902, 2001–2019, 2022–2031, 2033, Knollenberg Pombo Wasserman 2005 2041, 2042, 2051–2055, title XXI, title Kolbe Pomeroy Schultz Kucinich Porter Waters The SPEAKER pro tempore (Mr. XXII, and title XXIV of the House bill, Kuhl (NY) Price (GA) Watson LAHOOD). Without objection, the Chair and sections 241–245, 252, 253, 261–270, LaHood Price (NC) Watt appoints the following conferees: 281, 311–317, 319–323, 326, 327, 342–346, 348, Langevin Pryce (OH) Waxman From the Committee on Energy and 371, 387, 391, 411–414, 416, and 501–506 of Lantos Putnam Weldon (FL) Larsen (WA) Radanovich Weldon (PA) Commerce, for consideration of the the Senate amendment, and modifica- Larson (CT) Rahall Weller House bill and the Senate amendment, tions committed to conference: Mr. Latham Ramstad Westmoreland and modifications committed to con- POMBO, Mrs. CUBIN, and Mr. RAHALL. LaTourette Rangel Wexler ference: Messrs. BARTON of Texas, From the Committee on Rules, for Leach Regula Whitfield ALL ILIRAKIS PTON TEARNS Lee Rehberg Wicker H , B , U , S , consideration of section 713 of the Sen- Levin Reichert Wilson (NM) GILLMOR, SHIMKUS, SHADEGG, PICK- ate amendment, and modifications Lewis (CA) Renzi Wilson (SC) ERING, BLUNT, BASS, DINGELL, WAXMAN, committed to conference: Mr. DREIER, Lewis (GA) Reyes Wolf MARKEY, BOUCHER, STUPAK, WYNN, and Mr. LINCOLN DIAZ-BALART of Florida, Lewis (KY) Reynolds Woolsey OLIS LAUGHTER Linder Rogers (AL) Wu Ms. S . and Ms. S . Lipinski Rogers (KY) Wynn Provided that Mrs. CAPPS is ap- From the Committee on Science, for LoBiondo Rogers (MI) Young (AK) pointed in lieu of Mr. WYNN for consid- consideration of sections 108, 126, 205,

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.003 H14PT1 H5810 CONGRESSIONAL RECORD — HOUSE July 14, 2005 209, 302, 401–404, 411, 416, 441, 601–607, There was no objection. this bill addresses what the Congress 609–612, 631, 651, 652, 661, 711, 712, 721–724, f failed to do for the past 5 years, to 731, 741–744, 751, 754, 757, 759, 801–811, enact a Water Resources Development 1145 title IX, sections 1002, 1225–1227, 1451, b Act. 1452, 1701, 1820, and title XXIV of the WATER RESOURCES I support biennial legislation for the House bill, and sections 125, 126, 142, DEVELOPMENT ACT OF 2005 Corps water resources program. It is 212, 230–232, 251–253, 302, 318, 327, 346, The SPEAKER pro tempore (Mr. critical to maintain a 2-year cycle to 401–407, 415, 503, 601–607, 609, 610, 624, LAHOOD). Pursuant to House Resolu- provide continuity to the program and 631–635, 706, 721, 722, 725, 731, 734, 751, tion 346 and rule XVIII, the Chair de- certainly to the nonfederal sponsors 752, 757, 801, title IX, title X, sections clares the House in the Committee of who support the Corps projects. 1102, 1103, 1105, 1106, 1224, title XIV, sec- the Whole House on the State of the A biennial cycle also affords Congress tions 1601, 1602, and 1611 of the Senate Union for the consideration of the bill, the opportunity to monitor and, if nec- amendment, and modifications com- H.R. 2864. essary, amend the workings of the mitted to conference: Mr. BOEHLERT, Corps program, often in response to b 1145 Mrs. BIGGERT, and Mr. GORDON. changing circumstances. Provided that Mr. COSTELLO is ap- IN THE COMMITTEE OF THE WHOLE H.R. 2864 authorizes projects for the pointed in lieu of Mr. GORDON for con- Accordingly, the House resolved entirety of the Corps civil works pro- sideration of sections 401–404, 411, 416 itself into the Committee of the Whole gram. It includes major flood control, and 441 of the House bill, and sections House on the State of the Union for the navigation, environmental restoration, 401–407 and 415 of the Senate amend- consideration of the bill (H.R. 2864) to and other water resources projects. ment, and modifications committed to provide for the conservation and devel- This legislation represents roughly 51⁄2 conference. opment of water and related resources, years of project requests and modifica- From the Committee on Transpor- to authorize the Secretary of the Army tions, as well as oversight over how the tation and Infrastructure, for consider- to construct various projects for im- Corps of Engineers carries out its busi- ation of sections 101–103, 105, 108, 109, provements to rivers and harbors of the ness. 137, 205, 208, 231, 241, 242, 320, 328–330, United States, and for other purposes, As in the past, projects included in 377, 379, 721–724, 741–744, 751, 755, 756, 758, with Mr. BONILLA in the chair. this bill were included not on the basis 811, 1211, 1221, 1231, 1234, 1236, 1241, 1281– The Clerk read the title of the bill. of whether they were Democratic 1283, 1285, 1295, 1442, 1446, 2008, 2010, 2026, The CHAIRMAN. Pursuant to the projects or Republican projects but on 2029, 2030, 2207, and 2210 of the House rule, the bill is considered as having their individual merit. And this is as it bill, and sections 101–103, 105, 107, 108, been read the first time. should be. 281, 325, 344, 345, 383, 731–733, 752, 1211, Under the rule, the gentleman from Many of these projects provide vital 1221, 1231, 1233, 1235, 1261, 1263, 1266, and Tennessee (Mr. DUNCAN) and the gen- public safety and economic benefits to 1291 of the Senate amendment, and tlewoman from Texas (Ms. EDDIE BER- our constituents. Their approval modifications committed to con- NICE JOHNSON) each will control 30 min- should not be withheld solely for par- ference: Messrs. YOUNG of Alaska, utes. tisan reasons. Again, I thank the gen- PETRI, and OBERSTAR. The Chair recognizes the gentleman tleman from Alaska (Mr. YOUNG) and From the Committee on Ways and from Tennessee (Mr. DUNCAN). the gentleman from Tennessee (Mr. Means, for consideration of title XIII of Mr. DUNCAN. Mr. Chairman, I yield DUNCAN), the chairman of the sub- the House bill, and sections 135, 405, such time as he may consume to the committee, for working with me and title XV, and section 1611 of the Senate gentleman from Alaska (Mr. YOUNG), with individual Members on both sides amendment, and modifications com- the chairman of the Committee on of the aisle to accommodate their re- mitted to conference: Messrs. THOMAS, Transportation and Infrastructure. quests for this important legislation. CAMP, and RANGEL. (Mr. YOUNG of Alaska asked and was All of us know that the more we delay There was no objection. given permission to revise and extend projects like this, the more costly they f his remarks.) become and sometimes the conditions Mr. YOUNG of Alaska. Mr. Chair- worsen. MESSAGE FROM THE SENATE man, I rise in strong support of this I also acknowledge our leadership of The SPEAKER pro tempore laid be- legislation. I want to thank the gen- the gentleman from Minnesota (Mr. fore the House the following privileged tleman from Tennessee (Mr. DUNCAN) OBERSTAR), our ranking member, who message from the Senate: and the gentlewoman from Texas (Ms. cannot be here because he is attending In the Senate of the United States, July 11, EDDIE BERNICE JOHNSON) for their hard the funeral of his mother-in-law, but he 2005. work. certainly has interest and a great deal Ordered, That the Secretary of the Senate This is a bill that has been from very of expertise in water resources issues. be directed to request the House of Rep- bipartisan work together, which made I strongly support this legislation resentatives to return to the Senate the bill it, in fact, a great bill. and recommend that my colleagues (H.R. 2985) entitled ‘‘An Act making appro- And I urge everybody to vote against vote in favor of final passage. priations for the Legislative Branch for the fiscal year ending September 30, 2006, and for the Flake amendment. Keep that in Mr. Chairman, I reserve the balance other purposes.’’, to make technical correc- mind. The Flake amendment is not a of my time. tions in the engrossment of the Senate good amendment for this bill. If we Mr. DUNCAN. Mr. Chairman, I yield amendment. want to relieve our congestion on our myself such time as I may consume. Attest: Emily J. Reynolds, Secretary. highways, we have to use our water- I rise to urge all Members to support The SPEAKER pro tempore. Without ways. H.R. 2864, the Water Resources Devel- objection, the request of the Senate is Mr. DUNCAN. Mr. Chairman, I re- opment Act of 2005. I want to first ac- agreed to, and H.R. 2985 will be re- serve the balance of my time. knowledge the great assistance, the turned to the Senate. Ms. EDDIE BERNICE JOHNSON of hard work, and especially the bipar- There was no objection. Texas. Mr. Chairman, I yield myself tisan nature of all the efforts of the f such time as I may consume. staff on both sides and the gentleman First, let me thank the gentleman from Alaska (Chairman YOUNG), our GENERAL LEAVE from Alaska (Mr. YOUNG) and the gen- great chairman; the gentleman from Mr. DUNCAN. Mr. Speaker, I ask tleman from Minnesota (Mr. OBER- Minnesota (Mr. OBERSTAR), our rank- unanimous consent that all Members STAR), our chairman and ranking mem- ing member, who has worked on this have 5 legislative days to revise and ex- ber, and the chair of the subcommittee committee as a staff member and as a tend their remarks and include extra- for their leadership. I am delighted to member since being elected to the neous material on H.R. 2864. acknowledge that this committee House and has seniority over all of us The SPEAKER pro tempore. Is there works bipartisanly. on that; and my close friendship and objection to the request of the gen- Today, we consider the Water Re- good working relationship with the tleman from Tennessee? sources Development Act of 2005. And gentlewoman from Texas (Ms. EDDIE

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.016 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5811 BERNICE JOHNSON), my ranking mem- terway Users Board, the board rep- I would also like to thank the gen- ber. And I want to acknowledge also resenting the people who pay into the tleman from Alaska (Mr. YOUNG), the hard work done by the gentleman inland Waterway Trust Fund. It is im- chairman of the full committee; the from Illinois (Mr. COSTELLO), the portant to understand that the Upper gentleman from Minnesota (Mr. OBER- former ranking member, with whom we Mississippi River and Illinois Water- STAR); the gentleman from Tennessee worked out so many contentious issues way Navigation Authorization is not (Mr. DUNCAN), the chairman of the sub- the first time this bill came up. the most costly Corps project. The au- committee, for all of his hard work; The bill authorizes and directs the thorization of $1.8 billion is for seven and of course the work of the gentle- Corps to carry out various studies, different locks; so the per-project cost woman from Texas (Ms. EDDIE BERNICE projects, and programs relating to is really on average $257 million. JOHNSON), our ranking member on the navigation, flood damage reduction, At the subcommittee hearing on the subcommittee, for a job well done for shoreline protection, dam safety, water Upper Mississippi River and Illinois bringing this legislation to the floor supply, recreation, and environmental Waterway project, the subcommittee today. Without their strong leadership, restoration and protection. H.R. 2864 is received very strong testimony in sup- dedication and persistence, we would very similar to H.R. 2557 from the last port of this project from the Depart- not have a bill before us to consider. Congress, which passed this House on ment of Agriculture, the Department H.R. 2864 authorizes projects for September 24, 2003, by a vote of 412 to of Transportation, and the Department major flood control, navigation, envi- 8. of the Interior and the Environmental ronmental restoration, and other water At the beginning of this Congress, Protection Agency. All of the civil resource projects, as well as it includes the Committee on Transportation and works projects in this bill, all of them, authorization of several important Infrastructure leadership sent a Dear Mr. Chairman, are investments in projects to restore and enhance the Na- Colleague to all House Members to give America that save capital, make our tion’s environmental infrastructure. them an opportunity to update their The United States transportation exports more competitive, make our project requests. In response, the com- system is the envy of the world. We imports more affordable, and improve mittee received more than 340 letters have an extensive system of highways, from Members making requests for our environment and our quality of ports, locks and dams, and airports. more than 1,000 projects, studies and life. Yet we have neglected to upgrade and Over 200 organizations have sent us modifications. Given budgetary con- modernize our infrastructure over the letters supporting this legislation, in- straints, we could not accommodate years. We should not build infrastruc- cluding the U.S. Chamber of Com- every request. However, we were able ture in this country and then walk merce, who has stated that they will to address over 600 separate matters. away from it without maintaining it The bill also includes provisions that make this one of their key votes of the and modernizing it as it becomes anti- reform the planning and project devel- year; the American Farm Bureau; the quated like we have done with the opment process of the Corps of Engi- American Association of Port Authori- Upper Mississippi River and the Illinois neers, including the most extensive ties; the American Society of Civil En- Waterways lock and dam system. independent peer review process ever gineers; the Associated General Con- This bill, after 15 years of talking set forth in one of these water re- tractors of America; the National Asso- and inaction, finally authorizes the sources bills or any other bill. These ciation of Flood and Stormwater Man- modernization of the Upper Mississippi provisions were worked out in a bipar- agement Agencies; the National Corn and Illinois Waterway system. The bill tisan manner in the Committee on Growers Association; the National As- authorizes the replacement of 600-foot Transportation and Infrastructure last sociation of Wheat Growers; the Na- navigation locks with seven new 1,200- Congress and were in the WRDA bill tional Council of Farmer Cooperatives; foot locks. In addition, the bill author- that the House approved overwhelm- the National Mining Association; the izes the largest environmental restora- ingly at that time. National Stone, Sand and Gravel Asso- tion program, next to the Florida Ever- We stand by the agreement that we ciation; the Portland Cement Associa- glades, to ensure that the project goes made during the last Congress and tion; seven different national labor forward respecting the environment have made only a few clarifying unions. In fact, I do not believe that we and minimizing any adverse impact. changes to these policy provisions. As will deal with any bill in the Congress At a time when other countries are a result, the main difference between this year that has more bipartisan and investing and improving their naviga- H.R. 2864 and the bill from the last broad support from both labor and tion systems, we are still operating a Congress is the addition of three large business than this legislation, and over lock and dam system that is well over projects that were not ready for au- 180 other organizations that would be a half century old, built to handle 600- thorization during the last Congress too numerous to name, and it would foot barges, not the 1,200-foot barges of but have now completed chief’s reports take too much time. today, and a system that exceeded its from the Corps of Engineers. These Finally, Mr. Chairman, I want to rec- life expectancy over 20 years ago and is projects are the Indian River Lagoon ognize again the expertise and friend- very expensive to maintain and repair. Everglades Restoration project, the ship provided by the gentlewoman from Our current system loses about 10 per- Louisiana Coastal Area Ecosystem Texas (Ms. EDDIE BERNICE JOHNSON), cent of its capacity every year due to Restoration program, and the Upper the ranking member of the sub- system failures and breakdowns. Mississippi River and Illinois Water- committee. It is an honor and privilege The gentleman from Oregon (Mr. way Navigation and Ecosystem Res- to work with her and also the gen- BLUMENAUER) and the gentleman from toration program. Together, these tleman from Alaska (Chairman YOUNG) Arizona (Mr. FLAKE), my friends, have projects represent $5 billion in federal and the gentleman from Minnesota offered an amendment that I urge all of authorization or about half the cost of (Mr. OBERSTAR), ranking member, and my colleagues to oppose. In my opin- this bill. We knew these chief’s reports the entire committee. We have a bill ion, if this amendment is adopted, it were coming, so, in the last Congress, that has the unanimous support of the will further delay and most likely kill the Water Resources and Environment Committee on Transportation and In- the modernization project. They raise Subcommittee held separate hearings frastructure. questions about the need for the on each. Later there will be debate on Mr. Chairman, it is a good bill, and I project and have concerns about the part of the Upper Mississippi River and urge all Members to support it. environment. They believe that, with Illinois Waterway chief’s report, the Mr. Chairman, I reserve the balance the increased use of ethanol here in the authorization of the seven new locks of my time. United States, that traffic will de- there. This is a $1.8 billion authoriza- Ms. EDDIE BERNICE JOHNSON of crease in the coming years on the Mis- tion, but one half of that funding Texas. Mr. Chairman, I yield 4 minutes sissippi River and the Illinois water- comes from the Inland Waterway Trust to the gentleman from Illinois (Mr. ways. On the question of the need to Fund, which is funded by a 20 cents per COSTELLO). modernize for the future of the system, gallon tax on inland waterway fuel. Mr. COSTELLO. Mr. Chairman, I some studies have said that major in- These lock authorizations are the thank the gentlewoman for yielding me creases in traffic will take place. Oth- number one priority of the Inland Wa- this time. ers have indicated that the demand

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.019 H14PT1 H5812 CONGRESSIONAL RECORD — HOUSE July 14, 2005 will decrease. It depends on which Representative from Southern Cali- not survive in the New River, and it study we look at and read and which fornia, where we face significant water threatens the health and safety of the study we want to believe. supply challenges, a safe and reliable residents of my district. It also runs What we do know for certain is that water supply infrastructure system is through the Imperial County farmlands other countries are investing in mod- particularly important to me. that supply many of our Nation’s win- ernizing their navigation system and The work to implement needed flood ter crops. By supplying the funds to our system on the Upper Mississippi control measures is critical to pre- treat and clean up this river in this and the Illinois waterway system out- venting loss of life and property to our bill, we are assuring the health and lived its life expectancy over 20 years Nation’s communities. This bill is crit- well-being of the food that we feed to ago. The system cannot handle today’s ical to accommodating the many more the children of our Nation. traffic in an efficient and cost-effective flood control projects awaiting author- The New River also runs through the manner, and it is costing taxpayers ization. In addition, this bill stream- city of Brawley, California, which has tens of millions of dollars to patch it lines the feasibility study process and its own water quality problems. The together, let alone the cost in time and enforces policies that are based on city’s proximity to the United States- money. sound science. Mexico border makes both their air and On the issue of ethanol, I agree with The enactment of this bill is of crit- water vulnerable to pollution that my friends that there will be an in- ical importance to the Nation’s envi- comes up from Mexico. This legislation crease in the production of ethanol and ronmental and economic well-being. will provide funds to the Brawley area more of a demand here at home. For every $1 billion spent on water re- to improve the conditions in their sources development activities, ap- water. b 1200 proximately 40,000 jobs are created. In Finally, WRDA provides the appro- Let me also say that increase in de- addition, an estimated $706 billion in priate funding level to San Diego Coun- mand here at home will require that we damages has been prevented through ty for the removal of non-native exotic transport both grain and DDGS both in flood reduction projects, representing a species from the drinking water in the the United States and abroad. Already, 6-to-1 return on investment. Sweetwater Reservoir. My constitu- in the first quarter of this year, we Congress must commit to infrastructure in- ents, like everyone throughout the have seen an 11 percent increase in vestments now to leave behind a legacy of country, deserve clean water. This leg- DDGS shipped to other countries using economic security and opportunity for future islation provides them with the re- ethanol through the New Orleans Port. generations. sources to make this a reality. Lastly, the environment. I am as This bill provides a Federal commitment to As our speakers have said, this is a concerned about the environment as such infrastructure investments, leaving be- bipartisan, well-written bill which will anyone. I would not support the mod- hind a legacy of safe and reliable water infra- not only help in creating jobs across ernization of the Upper Mississippi structure systems. the Nation, but will help provide safe without the safeguards in this bill that I urge my colleagues to vote for this impor- and clean water for our future. So respect the environment. This project tant bill to ensure our Nation has an economi- please join me in supporting this bill will have the second largest environ- cally and environmentally sound water re- and the manager’s amendment. We are mental restoration program in the Na- sources infrastructure. truly voting to ensure America’s fu- Ms. EDDIE BERNICE JOHNSON of tion. ture. Texas. Mr. Chairman, I yield 3 minutes Finally, we do not need another Mr. DUNCAN. Mr. Chairman, I yield to the gentleman from California (Mr. study. We do not need further delays. 2 minutes to the gentleman from Flor- FILNER). ida (Mr. MACK), an outstanding mem- We need to move forward with the Mr. FILNER. Mr. Chairman, I thank project to modernize the navigation ber of our committee. the gentlewoman from Texas (Ms. Mr. MACK. Mr. Chairman, I rise system, while providing congressional EDDIE BERNICE JOHNSON) for her leader- today to express my strong support for oversight in making certain that the ship and the gentleman from Tennessee the Water Resources Development Act environmental restoration protections (Mr. DUNCAN), the gentleman from of 2005, also known as WRDA. This im- are implemented. Alaska (Mr. YOUNG), and the gentleman portant legislation affirms our con- The gentleman from Tennessee from Minnesota (Mr. OBERSTAR). I also tinuing commitment to our Nation’s (Chairman DUNCAN) has indicated that want to thank the staff on both sides, water resources infrastructure and will this bill probably has more support but the staff on our side has kept us help protect and preserve our Nation’s from the business community and well informed of the progress of the freedom, security, and prosperity. labor unions than any bill that we will bill, worked with us on the projects Today’s WRDA bill includes several consider this year. that we needed; and I greatly appre- projects that are significant for south- Mr. DUNCAN. Mr. Chairman, at this ciate the work that they have all done west Florida. Before I highlight one of time I yield 1 minute to the gentleman on this. those projects, I would like to thank from California (Mr. GARY G. MILLER), I support the underlying bill. I am our colleague and my subcommittee a member of the committee. looking forward to the manager’s chairman, the gentleman from Ten- (Mr. GARY G. MILLER of California amendment from the gentleman from nessee (Mr. DUNCAN), for his partner- asked and was given permission to re- Alaska (Mr. YOUNG). Many of us ship and leadership in his efforts to vise and extend his remarks.) throughout the Nation have projects in produce a WRDA bill that addresses Mr. GARY G. MILLER of California. here. I just want to stress a couple that the needs of our Nation. I also want to Mr. Chairman, I rise today in support are important to my own constituents thank the subcommittee staff for all of of H.R. 2864, the Water Resources De- in Imperial and San Diego counties in their hard work in getting this critical velopment Act of 2005. This important California. legislation to the floor. legislation is long overdue in address- The New River in my district starts Mr. Chairman, the Water Resources ing the needs of our Nation’s water re- in Mexico, flows into the Salton Sea, Development Act is important legisla- sources infrastructure. I commend the one of the biggest bodies of water in tion that sets forth a comprehensive gentleman from Alaska (Chairman the United States which I share with national water resources policy, to- YOUNG) and the gentleman from Ten- the gentlewoman from California (Mrs. gether with authorization of civil nessee (Chairman DUNCAN) for their BONO). This river, the New River, has works projects that are investments in hard work and dedication in drafting a been described as the world’s most pol- America. It will improve our transpor- water infrastructure policy that sets luted river. Due to grossly inadequate tation infrastructure, bolster our envi- our Nation on the course to an eco- sewage treatment and solid waste fa- ronment, and enhance our quality of nomically and environmentally sus- cilities in Mexico, raw sewage, indus- life. tainable future. trial waste, and garbage, up to 50 mil- This legislation is vitally important The dependability of our Nation’s lion gallons a day, are constantly re- to Florida. In particular, this bill will water infrastructure could not be more leased into the New River. support restoration of the Everglades, vital to the health, safety, and overall It violates every water quality stand- one of our Nation’s most precious eco- quality of life of every American. As a ard we have. Plants and animals can- systems. South Florida, which includes

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.020 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5813 my district, is home to millions of on Greens Bayou downstream of Halls Bayou that we have walked away or that we Americans, several of the fastest-grow- will not have Federal work although it will have do not care about the Mississippi ing cities in the country, and a huge significant local projects. Therefore, a GRR is sysem is wrong. Congress has proven tourism industry, and also contains now needed for Halls Bayou as well. that it does care, and it has invested. one of the most unique environmental While conducting the GRR to find a possible Have we invested everything that one resources in the country. Federal interest, Harris County can begin would want in all of these locks? Look Over the past century, manmade project implementation in order to reduce fu- at your district and see if Congress has changes to the region’s water flow have ture flood damage as soon as possible. Add- ever invested everything that you want provided important economic benefits ing Halls Bayou to section 211(f) allows Harris and need. But given a $60 billion back- to the region, but have also had dev- County to be reimbursed if the project is later log, we have done a pretty good job astating effects on the environment. approved by the Secretary. I thank the Sub- dealing with this channel. The Federal Government and the State committee and full Committee for their work Now, I deeply, deeply respect the of Florida have begun a long-term part- on this issue. work the gentleman from Illinois (Mr. nership to restore the ecosystem and I support the bill and the balance that it COSTELLO) has done in the past. I do preserve it for future generations. strikes between the need to improve water re- not know who is opposing this project Make no mistake: environmental res- sources for human purposes and to preserve on environmental grounds. Those toration projects like these improve our water uses for the environment and future words have not come from my mouth. water quality and habitats, benefit our generations. I appreciate the hard work that the people and wildlife. The actions we are Ms. EDDIE BERNICE JOHNSON of gentleman did earlier, I think that this considering today will support this Texas. Mr. Chairman, I yield 4 minutes is very important environmental res- continued partnership. to the gentleman from Oregon (Mr. toration work, and it is work that is Mr. Chairman, the Water Resources BLUMENAUER). long overdue. We have treated the Mis- Development Act of 2005 is good for my Mr. BLUMENAUER. Mr. Chairman, I sissippi River as a machine for well district in southwest Florida, it is good appreciate the gentlewoman’s courtesy over a century; and the wildlife, the for the State of Florida, and it is good in permitting me to speak on this leg- people who depend on it for recreation, for the Nation. I encourage my col- islation. for the environmental health, they leagues to vote for this critical legisla- Mr. Chairman, this Water Resources need these environmental investments, tion. Development Act is an important start they deserve it, and I hope it happens. Ms. EDDIE BERNICE JOHNSON of to change the way that we do business. But I think what we need to be focus- Texas. Mr. Chairman, I yield for the I salute the hard work from our chair- ing on is how we are going to deal with purpose of making a unanimous con- man, the gentleman from Alaska (Mr. this massive project. sent request to the gentleman from YOUNG); the gentleman from Minnesota Now, I am not here today to say that Texas (Mr. GENE GREEN). (Ranking Member OBERSTAR); the gen- it should be eliminated. I again take (Mr. GENE GREEN of Texas asked tlewoman from Texas (Ranking Mem- modest exception to the notion that and was given permission to revise and ber EDDIE BERNICE JOHNSON); and a spe- you must pick studies, dueling studies. extend his remarks.) cial note of thanks to the vision and The independent studies from the Na- Mr. GENE GREEN of Texas. Mr. hard work of my friend, the gentleman tional Academy of Science time and Chairman, I will submit my statement from Tennessee (Mr. DUNCAN), to move time and time again have documented for the RECORD in support of this legis- forward with ways that we ought to be that the economic justification is not lation and in support of the Halls dealing with water resources. there. In fact, we had the Inspector Bayou Federal Flood Control Project Usually, in the past, Congress has General find that the corps, under in- in Houston, Texas. produced just a collection of projects tense political pressure, cooked the Mr. Chairman, I want to congratulate the and, too often in the past, things that books, two generals and a colonel lost Subcommittee on Water Resources and the make the Corps of Engineers’ job hard- their job. It was a scandal, and a whis- full Transportation and Infrastructure Com- er: Too little money to deal with a tleblower had to get protection because mittee for reporting out the Water Resources huge backlog that contains the good, he was going to be fired for just telling Development Act, WRDA, of 2005. I appre- the bad, the ugly, and the obsolete. We the truth. ciate your inclusion of our language for the make the job of the Corps of Engineers Well, what we have offered as an Halls Bayou Federal Flood Control Project in even harder, since they are operating amendment is a safety valve that if the Houston, Texas. under outdated principles and guide- experts, the independent experts are Historic flooding along Halls Bayou has lines that have not been updated since wrong and barge traffic is going to go been severe and frequent in some neighbor- 1983. You would not go to a heart sur- up, not decline, then the project goes hoods. During Tropical Storm Allison in June geon or a brain surgeon under that cir- ahead, because the corps cannot build 2001, Halls Bayou was hit very hard, with cumstance. The Corps of Engineers is this project for another 4 or 5 years more than 8,000 homes flooding within the facing an almost $60 billion backlog, anyway. It goes ahead, and we continue watershed. No project can keep all homes and only $2 billion a year of construc- spending lots of money renovating the from flooding, but a project can help reduce tion money for these critical projects, existing locks. But our amendment is a the risk of flooding for a significant number of and this makes it intensely political. safety valve and a reality check. families, reducing the need for Federal assist- Well, this brings me to the dinosaur Now, I think this bill is a good start. ance, property damage, and loss of life. of the navigation projects that is in I hope our amendment is approved, be- The purpose of section 5128 of this legisla- this bill which has been referenced by cause there is an effort here to accel- tion which pertains to Halls Bayou is to allow my good friend, the gentleman from Il- erate the good work that the com- the Harris County Flood Control District, linois (Mr. COSTELLO). The Upper Mis- mittee, past and present, has done. We HCFCD, to conduct the GRR and any subse- sissippi Lock Project is going to be the are going to strongly urge that we quent Federal interest project on Halls Bayou. most expensive navigation project in make the transition to make sure that The Corps is limited in its staff, resources, and history. Where I must take modest ex- given the troubled history of this time with the many projects in the Galveston ception to my friend, the gentleman project, given the fact that it will im- District and the Southwest Division. Local from Illinois, we are not walking away. pact every district across the country project sponsors with the necessary expertise, We have not walked away. He would competing for scarce resources, we like Harris County, can provide efficiency by not let us walk away from the prob- ought to have this safety valve and re- becoming more involved. lems of Mississippi navigation. ality check. Halls Bayou, a major tributary of Greens In fact, I think we have an $88 mil- I strongly urge approval of the bill Bayou, was authorized in WRDA 1990 as part lion renovation project that is occur- and approval of the Flake-Blumenauer of the Buffalo Bayou and Tributaries Project. ring right now immediately adjacent to amendment at the appropriate time. The original Halls Bayou authorization as- where there is going to be a massive Mr. Chairman, I appreciate the op- sumed the Greens Bayou project in place, new lock built. We have invested ap- portunity to share my admiration for which is now finishing a General Reevaluation propriately almost $1 billion, almost $1 the good work of the subcommittee. I Review, GRR. Results indicate that the work billion in the last 25 years. So, any hint have enjoyed my service, and I look

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.024 H14PT1 H5814 CONGRESSIONAL RECORD — HOUSE July 14, 2005 forward to working as it moves forward I thank the gentleman from Ten- terials and finished goods each year, through the legislative process. nessee, (Chairman DUNCAN) as well. I and it adds $5 billion to the United Mr. DUNCAN. Mr. Chairman, I yield appreciated the hearings you had try- States’ economy. 2 minutes to the gentleman from Flor- ing to press us really to new plateaus A typical inland barge holds a capac- ida (Mr. FOLEY), a strong proponent of on water projects. I am grateful for the ity of 15 tons greater than one rail car, the Everglades portion of this legisla- inclusion in the manager’s amendment and 60 times greater than one semi- tion. of an amendment that would require trailer truck. Waterway transportation Mr. FOLEY. Mr. Chairman, let me the Secretary to coordinate with the is also the most environmentally thank the gentleman from Tennessee governor, the mayors, for a 10-year friendly mode of commercial transpor- (Chairman DUNCAN) and the gentleman plan for restoration of the Anacostia tation. from Illinois (Mr. COSTELLO) and the River which flows within sight of the I would like to remind my colleagues gentlewoman from Texas (Ms. EDDIE Congress. In many ways, it is the Con- from Oregon and Arizona that mod- BERNICE JOHNSON) for all of their work gressional River, not only because it is ernization of the Ohio River navigation in helping us improve the quality of so near, but because if you will forgive system has been ongoing for more than life in Florida. me, when Congressional toilets flush 40 years, and updated to current value, This provision in this bill is criti- on a rainy day, the waste from the investments to restore that navigation cally needed for the State of Florida Anacostia, the waste goes into the system would far surpass the cost of and for our national treasure, the Ever- Anacostia River and finds its way all of improvements on the Upper Mississippi glades. It is being polluted. It is being the way down to the Chesapeake Bay, and Illinois waterways. destroyed. And much like a patient, it one of the great wonders of the United You know, we ship millions of tons of is waiting for emergency surgery. This States. agricultural commodities—oil, gas, bill finally allocates, after many years This is about more than beauty, how- chemicals, fertilizers, hazardous mate- of attempts, to fund the necessary re- ever; it is about health and the eco- rials—up and down the Mississippi construction and replumbing of Flor- logically integrity of the waterways of River because it is safer, and it is less ida’s Everglades, specifically, the In- this entire region. The Federal Govern- costly. For this reason, we must con- dian River Lagoon, which is a project ment is a major offender. One-third of tinue the modernization process and of massive proportion that is impor- the sewer system here serves the Fed- defeat Flake-Blumenauer when it tant to the restoration of the Ever- eral presence. The Federal Government comes up later today. glades and cleaning up our tributaries, is a rate payer; it would not be a rate Ms. EDDIE BERNICE JOHNSON of our lagoons, and our estuaries. payer, of course, if it was not strongly Texas. Mr. Chairman, I yield 2 minutes b 1215 and significantly involved. The Federal to the gentlewoman from Pennsylvania I want to thank our local and State Government built the sewer system (Ms. SCHWARTZ.) and Federal parties who have worked here 100 years ago. The Corps of Engi- Ms. SCHWARTZ of Pennsylvania. Mr. tirelessly to ensure this plan would be neers still runs it. Chairman, I rise today in support of included in the bill. My constituents in But the Federal Government is not a the Water Resources Development Act. Martin County have come on repeated major contributor to the billion dollar I want to acknowledge the wonderful occasions to our Nation’s Capital at combined sewer overflow problem, work, important work of the chairman their own expense, to plead for funding much of it of its own Federal making. and ranking member for their efforts for this important Indian River Lagoon There are many projects in this bill. and the gentleman from Alaska (Chair- Project. They have organized rallies. We do have $55 million in this bill, for man YOUNG) and the gentleman from They have written letters. And they which I am very grateful, but histori- Minnesota (Mr. OBERSTAR) for their have passed on themselves a half-penny cally, if you look over the last 20 years, leadership in bringing this much need- sales tax to show their commitment is there have been projects, large ed bill to the floor today. not only through deeds but through fis- amounts of money to jurisdictions and It has been 5 years since Congress has cal actions. projects which have absolutely no rela- passed a water resources bill, legisla- So they have taken it upon them- tionship to the Federal sector. tion that is significant in recognizing selves to assist in raising the necessary Here we have the Federal sector the Federal Government’s commitment moneys to complete this project. I deeply involved, a billion-dollar prob- to improving the navigational safety of want to thank the U.S. Army Corps of lem, and we have yet to really get to our waterways and upgrading our local Engineers, the Jacksonville District, the bottom of it. water infrastructure. who worked tirelessly with our State I want to particularly thank you for My colleagues, we cannot take the partner, the South Florida Water Man- the way in which the Chairman and the safety and security of our water for agement District, Governor Bush and ranking member have understood this granted. Many of the sewer and drink- the cabinet have worked and have problem, and for the ways they have ing water pipes in our Nation today weighed in on this issue, and I have to made us understand that part of the were installed 50 to 100 years ago. thank the White House as well for pav- problem is a larger one, our approach Those pipes are showing their age, ing the way to make this very, very to water rehabilitation, which is stark- leaking, cracking, breaking. By passing important financial commitment to ly different from the way we under- this legislation, we reaffirm Congress’s the restoration of America’s treasured stand we have to rehabilitate roads. We commitment to providing clean and Everglades. cannot see what is happening in our safe water in communities across the The committee has listened to me water structures. We can see what is Nation. many, many years pleading for this happening on our roads. It is time we The bill also contains an important project to be included. I thank them saw what is happening to our health provision that compliments the—re- for listening. Time now is for action, when we do not deal with our water- cently passed in the House—bill, called for not only the House to pass WRDA, ways in the same way. the Delaware River Protection Act, to include the Indian River Lagoon, Mr. DUNCAN. Mr. Chairman I yield 1 legislation crafted by the gentleman but for the Senate to act accordingly minute at this time to the gentle- from New Jersey (Mr. LOBIONDO), the and bring this to fruition. I thank all woman from Missouri (Mrs. EMERSON.) gentleman from New Jersey (Mr. parties involved, and I hope we have a Mrs. EMERSON. Mr. Chairman, you SAXTON), the gentleman from New Jer- very strong vote in support. will hear today and you have heard sey (Mr. ANDREWS), the gentleman Ms. EDDIE BERNICE JOHNSON of today that modernizing our locks and from Delaware (Mr. CASTLE) and my- Texas. Mr. Chairman, I yield 21⁄2 min- dams on the Mississippi River is a fi- self, to respond to the November 2004 utes to the gentlewoman from the Dis- nancial boondoggle. Nothing could be oil spill that occurred alongside our trict of Columbia (Ms. NORTON). farther from the truth. districts in the Port of Philadelphia. Ms. NORTON. Mr. Chairman, I thank And economically, waterway trans- The oil spill struck at the heart of the gentlewoman for yielding me the portation is the most efficient mode of our region, dumping 265,000 gallons of time. I thank her for her very hard and transporting commercial freight. Our oil in the Delaware River. Its effect thoughtful work on this bill. fleet today carries 800 tons of raw ma- was devastating, temporarily shutting

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.026 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5815 down a nuclear power plant, impeding I rise today to express my strong sup- both from an economic development, trade, injuring, killing wildlife and port for the Water Resource Develop- both recreational and commercial, the putting the area’s drinking water at ment Act of 2005. As a new Member of harbor is the lifeblood to these commu- risk. Congress, I am also proud to be on a nities. The Delaware River Protection Act part of the committee that works in When this amendment is brought for- will bolster our ability to better pro- such a bipartisan way. I would like to ward, and it is going to be supported by vide for the environmental integrity recognize the gentleman from Alaska the gentleman managing the bill, I and economic vitality of the Delaware (Chairman YOUNG) and the gentleman thank him for his support. As that River and the greater Philadelphia from Minnesota (Mr. OBERSTAR) the amendment becomes part of the bill, it area. ranking member as well as the gen- will ensure that the harbors, these Additionally, today’s legislation tleman from Tennessee (Chairman kinds of harbors will get the dredging gives the Army Corps of Engineers the DUNCAN) and the gentlewoman from that is necessary to keep them open. authority to remove debris from the Texas (Ms. EDDIE BERNICE JOHNSON) for Ms. EDDIE BERNICE JOHNSON of riverbed of the Delaware River, an au- their strong leadership. Texas. Mr. Chairman, I yield 2 minutes thority we need to keep the river safe Today, each Member will have an op- to the gentleman from Illinois (Mr. for navigation and to prevent a similar portunity to vote for a bill that is EVANS). incident in the future. about investing in America. It is about Mr. EVANS. Mr. Chairman, I rise Mr. Chairman, I urge my colleagues investing in our infrastructure. And to today to express my support for H.R. to vote yes on this bill. It is time to let me, it is about addressing rural Colo- 2864, particularly the provisions au- our local and State officials know that rado’s water resources needs. thorizing the projects in the Upper we will continue working with them to WRDA will authorize new projects Mississippi River Basin. maintain our water infrastructure, for the Corps of Engineers, including As many of our colleagues know, the something that is so important to pro- certain environmental restoration Corps began studying the locking needs tecting Americans’ health. projects in our rivers and our lakes. I on the river nearly 12 years ago. Those Mr. DUNCAN. Mr. Chairman, I yield am pleased that WRDA contains two locks were designed a long time ago. 1 minute to the gentleman from Michi- projects that are critical to water re- They need to be modernized and im- gan (Mr. UPTON) for the purpose of sources in my district out in Colorado. proved sooner rather than later. making a brief statement and entering The first project is out in the eastern Farmers in Brazil, China and other into a colloquy. part of my district and provides for competing countries have had the ad- Mr. UPTON. Mr. Chairman, I want to water transmission infrastructure in vantage of government investment in thank the committee on both sides of Pueblo and Otero Counties for safe infrastructure to ship their goods. We the aisle, particularly all of the par- drinking water. must invest in expanding our locks so ties. I just want to explain, when I was The second will help the water and that our farmers can compete. in Michigan this last week, over the wastewater related infrastructure for Additionally the bill addresses the July 4th recess, I met with my Corps of the Ute Mountain Ute Tribe in south- ecosystem’s needs for the areas of the Engineers as it related to the harbor in eastern Colorado. Like many areas, the river. The Corps projects will help re- St. Joe and Benton Harbor. needs of the Third Congressional Dis- store the wildlife along the Mississippi. They asked that we take steps nec- trict and the county resources are These resources put to improving the essary to lower the depth of the harbor stretched thin. But assistance from the ecosystem are a necessary compliment from 21 feet to 23 feet, which would be Army Corps will go far. to lock improvement. consistent with the other harbors I thank the leadership for the sup- Mr. Chairman, I urge my colleagues along Lake Michigan, Holland, as well port of these projects. Water is the life- to support this improvement and sup- as Muskegon and Traverse City. blood of rural Colorado. After 5 years port H.R. 2864. I realize that it is too late now, as of delay, Congress should move quickly b 1230 the rule has been pending, to offer that and put WRDA on the President’s desk as an amendment. And I would just for signature. I urge my colleagues to Mr. DUNCAN. Mr. Chairman, I yield like to receive an assurance from both vote yes for WRDA. 1 minute to the gentleman from Illi- sides that we will work together in Mr. DUNCAN. Mr. Chairman, I yield nois (Mr. LAHOOD), a former member of conference to include the appropriate 1 minute to a member of the com- the committee. language, so that, at the end of the mittee, the gentleman from Michigan (Mr. LAHOOD asked and was given day, in fact, that we will be able to see (Mr. HOEKSTRA). permission to revise and extend his re- this harbor dredged, obviously with the Mr. HOEKSTRA. Mr. Chairman, I marks.) correct appropriation from the proper thank my colleague, the gentleman Mr. LAHOOD. Mr. Chairman, I thank subcommittee. from Tennessee (Mr. DUNCAN), the the chairman very much for his leader- Mr. DUNCAN. Mr. Chairman, will the chairman. I thank him for the work ship and certainly on the minority gentleman yield? that he has done on this bill, and man- side, I thank them for their leadership Mr. UPTON. I yield to the gentleman aging this bill on the floor today. over there to all the staff. from Tennessee. Later on today, there will be an Mr. Chairman, I rise in support of Mr. DUNCAN. I thank the gentleman amendment coming forward that is this bill and certainly against the for yielding. It is my understanding being sponsored by my colleague, the Flake amendment. But the important that this is a very fine project that the gentleman from Michigan (Mr. STUPAK) part of this bill, I think, for the coun- gentleman has endorsed and is strongly any myself. try is we are going to fix the potholes proposing here, and we will be glad to And what this amendment will do is in the river. That is what I call the work with the gentleman in every way it will ensure that the Corps of Engi- locks and dams. They have not been to assure that this ends up in the legis- neers uses the criteria that it used in touched for over 50 years. They need to lation. 2004 for the projects in the harbors that be replaced. They need to be repaired. Mr. UPTON. Thank you. will be dredged under this bill. It is im- These are the pot holes; and if we have Ms. EDDIE BERNICE JOHNSON of portant to my district. potholes in our roads, we fix them up. Texas. Mr. Chairman, I want to say I represent a district with over 200 The potholes on the rivers are the that I agree to work with this change miles of Lake Michigan shoreline, and locks and dams. in conference. a number of different harbors, and the This bill provides the authorization Mr. Chairman, I yield 2 minutes to Corps of Engineers had proposed a cri- that will allow the Committee on Ap- the gentleman from Colorado (Mr. teria that would have meant that a propriations to come up with the SALAZAR.) number of my harbors would no longer money to implement the plan that has Mr. SALAZAR. Mr. Chairman, I have qualified for dredging. been long overdue and long coming would like to thank the gentlewoman Well, when you are along the shores with the Corps of Engineers’ $3.2 billion from Texas for yielding me this time to of Lake Michigan, you begin to realize over 15 years that will help those who speak on this important bill. that, for many of these communities, use the Illinois and Mississippi Rivers

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.029 H14PT1 H5816 CONGRESSIONAL RECORD — HOUSE July 14, 2005 to continue to have it be the navigable time. I rise to speak in favor of this What is interesting, Mr. Chairman, is waterway that is so important for the long overdue Water Resources Develop- the fact that 40 percent of the funds in transportation of the food and fiber ment Act and to applaud the chairman that trust fund have been placed there that is used and produced all along and ranking member for bringing it to by the upper Mississippi barge owners those two waterways. the floor, but specifically to speak and operators, and yet only about 15 I encourage all to support the bill strongly in opposition to the amend- percent of the trust fund is used on and to vote against the Flake amend- ment offered by my colleagues, the projects that help those operators on ment. gentleman from Arizona (Mr. FLAKE) the upper Mississippi. Ms. EDDIE BERNICE JOHNSON of and the gentleman from Oregon (Mr. It is not the first time those of us in Texas. Mr. Chairman, I yield 2 minutes BLUMENAUER). the Midwest helped subsidize infra- to the gentleman from Arkansas (Mr. I grew up in the shadow of the levees structure across the country. Highway BERRY). along the Mississippi River that pro- 89 that cuts through the gentleman Mr. BERRY. Mr. Chairman, I thank tect the fertile farm land in southeast from Arizona’s (Mr. FLAKE) district, the gentlewoman from Texas (Ms. Missouri and delivered grain from our those of us in the Midwest helped sub- EDDIE BERNICE JOHNSON) for yielding family’s farm to barge terminals; and sidize the maintenance of that high- me time, and I appreciate the great job those extra cents per bushel have way. that she and the gentleman from Ten- helped keep food on our table and keep Just as the light rail project the gen- nessee (Mr. DUNCAN) have done with that family farm within our family. tleman from Oregon (Mr. BLUMENAUER) this bill along with the gentleman from I am presently privileged to rep- has pushed for, about 48 cents out of a Alaska (Mr. YOUNG) and the ranking resent Missouri’s ninth district which dollar is borne by the passengers of the member, the gentleman from Min- includes about 120 miles of the Mis- light rail system. We pick up the rest nesota (Mr. OBERSTAR). sissippi, four of the locks in question, of the cost. I think that is appropriate I rise in support of this bill and the several important environmental just as the users of the upper Mis- good work it does with the environ- projects, including mitigation and sissippi are paying for half the cost. ment and with environmental restora- habitat restoration. Let me echo what Let me say on the issue of traffic de- tion, but I must speak against the the gentleman who just spoke, my creasing, because the gentleman talked Flake-Blumenauer amendment. I know friend from Arkansas, said, that it is a about the $900 million that has been in- that these gentlemen have good inten- little bit frustrating for those of us vested in modernization already. Even tions and good will in their hearts, but who know and understand and appre- with those investments, these 1930s fa- I have to tell you that I think they are ciate the character and the many fac- cilities, we are losing 10 percent a year terribly misguided. ets of the Mississippi River to deal and have for the last 10 years, 10 per- It is interesting to me that we have with an amendment that has been of- cent reliability. And so the fact is if a two folks opposed to something on the fered by those whose personal knowl- project is broken, it is time to fix it. Mississippi River that live a thousand edge of locks and dams is a seat on a You do not wait to see if it gets better. miles from there and live in States plane 30,000 feet above these very struc- Traffic has been increasing on the in- where they do not have any water. tures which maintain the navigable land waterway system everywhere ex- There are rivers in their States that waterway of the Mississippi River. cept in the upper Mississippi because of are empty. They are just nothing but a When the gentleman from Oregon the declining condition of these locks hole in the ground. Those of us in the (Mr. BLUMENAUER) was a signatory to a and dams. It is time we modernize Mississippi River Valley understand letter to the gentleman from Ohio them. what a critical, essential thing it is to (Chairman HOBSON) back in March of I urge a vote for the water bill and a our economy to have a navigable Mis- 2004 urging a line item appropriation to strong vote ‘‘no’’ against the Flake- sissippi River, and that is what we are dredge the Columbia River channel Blumenauer amendment. talking about here is maintaining and from 40 to 43 feet, I did not object be- I thank the gentleman for bringing forth a improving the ability to have a super- cause the gentleman should know his WRDA bill that balances all needs. I also want highway into the international mar- own district and how it affects his in- to thank both Chairman YOUNG and Chairman ketplace at a time when we are moving frastructure in his area. DUNCAN for honoring my request and including into a world economy for that part of Let me just address some of the con- the modernization of seven locks on the Upper the central United States. cerns that have been raised by the gen- Mississippi River and Illinois Waterway in this It would be absolutely insane not to tleman from Oregon (Mr. legislation. complete the restoration of the naviga- BLUMENAUER). First of all, I have been I urge all members to support the mod- tion capacity of the upper Mississippi hearing that this amendment by the ernization of these locks and oppose the River, and that is why you should op- gentleman from Arizona (Mr. FLAKE) Flake-Blumenauer amendment that would en- pose the Flake-Blumenauer amend- and the gentleman from Oregon (Mr. sure that the Mississippi and Illinois Rivers re- ment. BLUMENAUER) is a compromise. main gravel roads in a world filled with inter- This is a good thing. It would make The underlying bill is a compromise. states. just as much sense for me to offer an There are 29 locks and dams on the No one would say that our Nation’s trucks amendment to do away with the main- upper Mississippi River. We are talking should transport materials on roads built in the tenance on the interstate highways in about modernizing five of those locks 1930s. But we are forcing the barges on the the States of Arizona and Oregon. I on the upper Mississippi along with Mississippi River to use locks built in that far- would not do that. What we need to do two on the Illinois River. gone era. Doing so limits our access to export is to expedite the repair and mainte- We have heard the discussion about markets and increases the load on our already nance and restoration of the capacity this being a costly boondoggle, that over-burdened road and rail system. to navigate the upper Mississippi River the cost-benefit analysis does not jus- Today we will hear supporters of this and the entire navigation system of tify modernization of locks and dams. amendment say that river traffic has de- this country. It is absolutely essential Here are some facts. First of all, I did creased; this is true but is very misleading. to our economic growth and our eco- not hear from the gentleman offering Barge traffic has decreased only in the section nomic well-being in today’s worldwide the amendment that we should have a of river that contains these woefully outdated economy. cost-benefit analysis for the environ- and undersized locks. When you look at Mr. DUNCAN. Mr. Chairman, I yield mental restoration portion of the bill. stretches of the river that are unencumbered 4 minutes to the very distinguished Secondly, as the chairman pointed out by 1930’s technology, barge traffic is increas- gentleman from Missouri (Mr. in his opening remarks, $900 million, ing. HULSHOF). half of the cost of modernizing the Why? Because this section is plagued by (Mr. HULSHOF asked and was given locks and dams, is already being borne delays and unscheduled maintenance clo- permission to revise and extend his re- by the barge owners and operators with sures, in fact, the capacity of the system is de- marks.) this 20-cent-per-fuel excise tax that is creasing by 10 percent per year because of Mr. HULSHOF. Mr. Chairman, I now going into the Inland Waterway these closures. Thus, shippers are forced to thank the gentleman for yielding me Trust Fund. stay away from this section of the river and

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K14JY7.032 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5817 must use road or rail to transport their crops. The upper Mississippi River water- If everything we did in this country Doing so increases transportation costs by al- way system is in severe need of update was like this legislation on other most 30 percent. and repair. Until these projects are pieces of legislation, other problems When something is broke you don’t wait to completed, many of our farmer owners that we were trying to tackle in this see if it will get better on its own, you fix it be- who ship out of Iowa, Illinois, Indiana, country, we would be a better place fore the problem gets worse. Yet Congress- Wisconsin, Minnesota, North Dakota, and a better country. men FLAKE and BLUMENAUER publicly say they South Dakota, Montana, Nebraska, Navigation in the upper Mississippi want to wait and see if the situation improves. Kansas, and Missouri will continue to supports more than 400,000 jobs and In reality they are using these costly lock experience costly delays and inefficient 90,000 high-paying manufacturing jobs. delays and the shippers’ regrettable but under- transportation. Every year, shipping in the upper Mis- standable lack of confidence in 1930’s tech- This legislation is crucial to pre- sissippi River adds up to about $1.2 bil- nology to achieve their goal of eliminating this serving U.S. agricultural competitive- lion to our economy. Lock moderniza- project, saying, ‘‘If they come we might build ness in markets worldwide. tion will provide 48 million man hours it.’’ Last year we saw an emergency clo- of labor for Midwest workers. But just Additionally, the Flake-Blumenauer amend- sure of Lock & Dam 27 in Granite City, as important, the bill provides $1.6 bil- ment contains no exceptions for droughts, Illinois. The effect of a 2-week closure lion in Federal funding for environ- floods or other factors outside of anyone’s at a single site can be felt in the pock- mental restoration which will also be control that could impact the amount of cargo etbooks of many of my constituents. If important economically. In fact, under transported during their three-year window. we do not act now to repair these locks the bill, for every dollar spent on con- Quite frankly, acts of God should not preclude and dams, we continue to risk shut- struction, we spend $2 on environ- us from helping farmers secure export mar- down at any number of sites, the effect mental restoration. kets. of which would be disastrous. Mr. Chairman, this is a good bill. It Nor should we be forced to justify this Barge traffic on the Mississippi River is a balanced approach. It is right for project during a very small window of time; we represents the most efficient, most the economy. It is right for the envi- need to look long term. The long-term effects cost-effective, most environmentally ronment, and it is good for the Nation. of inaction more than justify the project. If we sound means of transporting com- Mr. DUNCAN. Mr. Chairman, I re- allow the delays at our outdated locks to con- modity goods from this region of the serve the balance of my time. Ms. EDDIE BERNICE JOHNSON of tinue, farmers will lose $562 million per year, country to market. If we move away Texas. Mr. Chairman, how much time the Nation would lose more than 20,000 jobs from the barge traffic, the expense we is remaining? and our trade deficit will increase by $264 mil- would have of creating new roads and The Acting CHAIRMAN (Mr. lion. Moreover, corn exports will be decreased rail to accommodate this traffic would LATHAM). The gentlewoman from Texas by 68 million bushels per year, soybean ex- be daunting. Each year hundreds of (Ms. EDDIE BERNICE JOHNSON) has 4 ports by 10 million per year, all before the millions of tons of commerce move minutes remaining. The gentleman year 2020. through the upper Mississippi River from Tennessee (Mr. DUNCAN) has 101⁄2 And every day we delay is a day where system; this is equivalent to roughly minutes remaining. more cargo is taken off of the river and put on 67,000 barges. To replace barge traffic Ms. EDDIE BERNICE JOHNSON of trucks and rails. These are dangerous options with truck and rail traffic would re- Texas. Mr. Chairman, I yield 2 minutes for all Americans, dangerous to the driving quire 1 million rail cars or 4 million to the gentleman from Oregon (Mr. public because every tow and barge that is trucks. This is the most cost-efficient BLUMENAUER). taken off the river is replaced by 870 trucks on way to support and maintain the agri- Mr. BLUMENAUER. Mr. Chairman, I our highways, increasing the likelihood of acci- culture economy in our Nation. appreciate the gentlewoman’s courtesy dents by 5,967 percent. And dangerous for the The 2005 Water Resources Develop- in permitting me to speak. shipper because every barge is replaced by ment Act is important in many ways; I wanted to just clarify something. I 225 rail cars that even the rail industry says it but at its heart it is about job creation, really appreciate the interaction that does not have, creating a situation where reducing the burden of transportation we are having here, but there is an ele- farmers will be able to grow crops and even costs of American producers, pro- ment of confusion. sell crops but never be able to ship these moting U.S. agriculture exports, and Some of the talking points that the crops. supporting the most environmental opposition to our amendment in the If you support trade, providing farmers ac- friendly mode of transportation. upper Mississippi have been distrib- cess to as many markets as possible and op- For the good of our environment, the uting contain the notion that we have pose adding 4 million semi trucks to our over- good of the economy, and the good of ignored the upper Mississippi River, crowded roads, come join me and the Amer- the Nation, I strongly urge support of that the locks are ignored. They are ican Farm Bureau, the Carpenters Union, the the upper Mississippi locks and dams antiquated. They are crumbling. We Illinois Chamber of Commerce, the National project. have not done anything. One of my col- Corn Growers, and the American Soybean As- Mr. DUNCAN. Mr. Chairman, I re- leagues from Illinois said that we had sociation—to name a few—in our opposition to serve the balance of my time. not touched them for 50 years. the Flake-Blumenauer Amendment. Ms. EDDIE BERNICE JOHNSON of Now, it may be in the talking points, Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I yield 2 minutes but it is not true. Right now there is Texas. Mr. Chairman, I yield 2 minutes to the gentleman from Illinois (Mr. $88 million that is being spent on Lock to the gentleman from Iowa (Mr. BOS- EMANUEL). 24 for important reconstruction. And I WELL). Mr. EMANUEL. Mr. Chairman, I rise appreciated the anecdote that my (Mr. BOSWELL asked and was given in support of the Water Resources De- friend from Missouri pointed out in permission to revise and extend his re- velopment Act. terms of a problem that occurred when marks.) As Congressman Mo Udall used to there was a visitation recently to the Mr. BOSWELL. Mr. Chairman, I ap- say, Everything that has been said has big 1,200-foot lock where there were preciate sharing with the committee I been said. It just has not been said by seven bolts that were sheared off. That used to serve on. everybody that needs to say it. story he shared with me is exactly the As you know, Mr. Chairman, we just There are a lot of good things in this point. came from talking to Iowa corn grow- bill. I am particularly supportive of the ers a few minutes ago, and this is a ter- sections pertaining to the Mississippi b 1245 ribly important thing to Iowa and and Illinois rivers. We need to spend money to maintain many States which I will mention as Enlarging and improving the naviga- what we have in place right now. We we discuss this very important matter. tion on these rivers will create jobs, have spent almost $1 billion. We are Today we have the opportunity to promote economic growth, and also not adequately maintaining the cur- support and extend the vitality of the strengthen the environment by pro- rent locks. My friends are confusing Nation’s economy by supporting the viding $1.6 billion in environmental building elaborate expensive new con- upper Mississippi River locks and dams restoration funding. This is good for struction, which may or may not hap- projects included in this bill. the economy and the environment. pen in its entirety, with adequate

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.009 H14PT1 H5818 CONGRESSIONAL RECORD — HOUSE July 14, 2005 maintenance for what is there now. ments that have been laid out are met used in this country comes ashore through our This is missing the point. I respectfully in terms of it being economically via- ports. It is estimated that more than 25 per- suggest that we not in the course of ble and useful. That is all we are say- cent of the seafood consumed in the country this debate confuse these points. ing. It is a pretty darn low bar. comes through Louisiana, and that more than I take modest exception to the no- We are saying, let us take the bottom 75 percent of the marine species in the north- tion that just because we are moving standard that the corps, the National ern Gulf of Mexico spend a portion of their forward with efforts to invest in Amer- Academy of Sciences, CRS, and other lifecycles in the wetlands of Louisiana. The ica’s infrastructure and trying to pro- groups have said is feasible in order to land also serves as a buffer against ocean tect what we have, that we are some- make the project go forward. If it is storms and protects industries and cities lo- how alleging that we have this vast not, it should not be built. If it is met, cated further inland. Without the shelter pro- river system that we are ignoring. We it should be built. vided by our wetlands, the damage done by a have not, we are not, and we will not I heard some discussion about, well, major hurricane could be catastrophic in terms ignore the river’s needs. we would not go to your district and of dollars and life. The loss of our coast is Mr. DUNCAN. Mr. Chairman, I yield say you should not build that road or more than Louisiana’s problem; it’s America’s 1 minute to the gentleman from Mis- should not build that waterway or problem. I appreciate the committee’s recogni- souri (Mr. HULSHOF). whatever if it is something you want. tion of this problem, and strongly support pro- Mr. HULSHOF. Mr. Chairman, to my Well, if I say I need a road and it is visions in this bill that address Coastal Lou- friend from Oregon I would personally going to carry 1,000 people per day, and isiana. invite him to come out and view these. over the next 3 years we find out it is This bill is good for more than just Lou- Some of these locks, built, again, Mr. only going to carry 800 per day or 500 isiana, though; it is good for the nation. H.R. Chairman, in the 1930s, are standing per day, I hope my colleagues vote 2864 contains important reform provisions that just out of habit, with bailing wire and against it. They ought to. That is why will improve the way the Corps does business. duct tape. And the Corps of Engineers they are here. That is why we are all It streamlines the approval process for has done a magnificent job. here in this position. projects; it encourages the Corps of Engineers Here is the reason, which I did not We have a near-$400 billion deficit to carry out projects in partnerships with its get to address earlier as far as the trig- this year; a nearly $8 trillion debt. If local sponsors; and it streamlines the process ger that is in the gentleman’s amend- we are not willing to husband our re- for entering into agreements with local spon- ment. The trigger, the tonnage require- sources better than that, what hope do sors. In the end, these reform provisions will ment the gentleman has in his amend- we have of getting ahold over this debt save taxpayers money and speed up the com- ment, does not take into account, for and deficit? pletion time for projects. instance, the weather. A year ago, be- Our amendment, again to be clear, H.R. 2864 also benefits American con- cause of high water, the river was shut does not say this project should not go sumers by improving on the nation’s greatly down as far as barge navigation. In forward. It simply says it ought to outdated water infrastructure. Shipping via wa- low-water years, barges can only fill meet the requirements that have been terway is the single most cost-effective way to halfway, for instance. laid out by those who are advocating get goods to market, and improving our water- So by putting this trigger mechanism the project itself. So this amendment ways will make American exports more com- in place, it does not take into account that has been spoken of, I can assure petitive and our imports more affordable. the many variables like weather, like all of my colleagues, it is not being of- Mr. Chairman, I strongly support this legisla- the failure of one of the locks, which I fered. The amendment that is being of- tion and urge my colleagues to do the same. did share with the gentleman, a bad fered, the Flake-Blumenauer amend- Mr. EVANS. Mr. Chairman, I rise today to harvest year, fluctuating market prices ment, says that the requirements sim- express my support for H.R. 2864, particularly that may mean farmers choose to store ply need to be met. It needs to be eco- the provisions authorizing the projects in the their grain rather than ship their nomically viable and feasible. Upper Mississippi River basin. grain. Mr. Chairman, we need to protect As many of my colleagues know, the Corps Again, I certainly acknowledge the taxpayer resources and make sure that began studying the locking needs on the Mis- intent with which the gentleman is they are spent prudently. That is what sissippi River nearly 12 years ago. These bringing this amendment; but, again, this amendment is all about; and I locks were built in the 1930s, and were never because of the age of these locks and would urge my colleagues, when it expected to carry the workload that they have dams, it is time for modernization. comes time, to vote for the Flake- as long as they have. Today, over 100 million Ms. EDDIE BERNICE JOHNSON of Blumenauer amendment. tons of materials are carried along the Mis- Texas. Mr. Chairman, I have no further Mr. BOUSTANY. Mr. Chairman, I rise today sissippi and Illinois waterways. requests for time, and I yield back the in strong support of the Water Resources De- Because of their age and their use, the balance of my time. velopment Act. locks are deteriorating and breaking down. Mr. DUNCAN. Mr. Chairman, I yield I’d first like to thank Chairmen YOUNG and The Corps has done its best to maintain these myself such time as I may consume. I DUNCAN, Ranking Members OBERSTAR and locks, but their efforts are compromised due to think everyone here knows that I am JOHNSON, and the committee staff. They have lack of funding. We have locks using tem- one of the most fiscally conservative worked tirelessly on this bill. I appreciate all porary gates, crumbling concrete, and a host Members of this Congress, but this is a they have done to be responsive to member of other concerns through out the lock system. very fiscally conservative bill. It is not requests, and to work across the aisle to This leads to costly delays and increased fiscally conservative to let a very im- reach bipartisan agreement on many conten- costs to everyone. portant asset to deteriorate, and so I tious issues. Additionally, the process of double locking, urge passage of this bill. This bill is important for me for both its re- made necessary by the smaller lock cham- Mr. Chairman, I yield 2 minutes to gional and national significance. bers, doubles the workload and the chance for the gentleman from Arizona (Mr. In Louisiana, we will see a very direct im- serious accidents at all of these locks. The FLAKE). pact from this legislation. Louisiana is losing added costs and the added risks could easily Mr. FLAKE. Mr. Chairman, I thank its coastline from erosion at the staggering be overcome by building 1,200-foot locks. the chairman for yielding me this rate of a 15,000 acres per year. USGS esti- The locks on the Mississippi and Illinois riv- time. mates that the state has already lost about ers are vital to the regions economy creating I did not plan to come and speak be- 1.22 million acres of coastal wetland in the a cheaper method to ship goods to ports and fore the amendment was offered, but past 70 years, which is roughly equivalent to then overseas. However, these locks are fac- hearing the debate on the floor now, I the area of Delaware. ing many potential problems and are getting am wondering which amendment is As ‘‘America’s Wetlands’’, the coast of Lou- older every day. They need to be modernized being described. Surely it cannot be isiana provides much of the seafood and shell- and improved sooner rather than later. the one we are offering, because the fish, oil and natural gas, and agricultural com- While some people have expressed con- one we are offering does not scrub the modities enjoyed by the rest of the country. In cerns about the need to expand the locks, the project and does not say it cannot go fact, more than 80 percent of the country’s off- people whose livelihood is dependant on them forward. It simply says it should go shore oil and gas is produced off our coast, know the necessity of this project. Farmers in forward only if the minimum require- and 25 percent of the foreign and domestic oil Brazil, China, and other competing nations

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\K14JY7.037 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5819 have had the advantage of government invest- and procedures be in place that will ensure the Heights, Lazybrook-Timbergrove, Oak For- ment in the infrastructure used to ship their that the projects undertaken by the Corps will est, Garden Oaks, and many others. goods. We must invest in expanding our locks achieve clear objectives. It is also essential Mr. Chairman, I hope that as negotiations so that our farmers can compete in the global that the potential impact of such projects on begin with the other body that these important market. our natural resources be fully studied and un- projects are retained for their tremendous Additionally, this bill also addresses the en- derstood. value to the communities that have been af- vironmental needs of the Upper Mississippi We are the stewards of our planet’s fected by flood damage. River. Water systems are transportation routes riches—and we must remember that we will Mr. WELDON of Florida. Mr. Chairman, I for ships, homes for wildlife, and recreation bequeath them to generations yet unborn. I rise in support of H.R. 2863, The Water Re- areas for communities. By improving the envi- encourage Congress to continue to move sources and Development Act of 2005, WRDA ronment of the Mississippi River Basin, we are thoughtfully as this bill is refined and delib- 05. I commend the chairman for including in investing in all three of these uses. erated through the conference process, which this bill provisions I requested that are impor- The Corps projects will help restore the I hope will begin sooner rather than later. tant to Port Canaveral and my constituents in wildlife along the Mississippi and help with In closing, I want to thank the committee for Brevard County, Florida. water management. By restoring wildlife habi- authorizing a study in the 2005 WRDA that will This bill includes several provisions that are tat, we will bring back nesting grounds for the enable us to undertake the kind of informed important to the residents of Brevard County bald eagle. By restoring natural features to the interventions that are necessary to preserve as a whole and those living in what has been river, we will help mitigate some of the flood- the health of the Patapsco River, which is a referred to as the ‘‘Mid-Reach’’ or ‘‘wormrock’’ ing that can devastate the surrounding area. critical natural resource in my district in Balti- area in particular. By restoring fish passages, we are bringing more and indeed in the State of Maryland. First, the bill makes it clear that the Corps opportunities for families to come together to WRDA instructs the Corps to assess the im- of Engineers is to accept the ICE report that play and fish along the river. it pact of debris accumulating in the Patapsco was completed by and independent panel as- The resources put in to improving the eco- River basin on wetlands, water quality, and sessing the true impact of Canaveral inlet on system are a necessary compliment to the public health. Using the results of this study, the beach south of that inlet. The ICE report lock improvements. The Corps efforts to im- the Corps can assess the impact of this debris concluded that considerably larger share of prove the ecosystem surrounding the locks on wetlands, water quality, and public health, the costs of the Brevard County Storm Dam- and dams will help mitigate the effects that we and can then develop strategies to help clean age Protection Project should have been have on the Mississippi and Illinois Rivers. We up Baltimore’s Inner Harbor. borne by the federal government. The provi- have a responsibility to take advantage of the I am hopeful that this project will be a com- sion in WRDA 05 will ensure that Brevard opportunity to provide the resources for these ponent of a larger initiative planned to restore County, Florida is able to recover, as a part of projects. I am pleased to see that the Com- the water quality and habitat of the Patapsco future renourishment activities, that portion of mittee took that opportunity. River Basin—and I thank the Committee for the costs of the original renourishment project There are many other vital programs that their continued support. that should have been borne by the Federal are in this legislation. For example, the aquatic Mr. JACKSON-LEE of Texas. Mr. Chairman, government. ecosystem restoration project at Emiquon in I rise in support of the manager’s amendment Second, the bill corrects an error that has Fulton County, Illinois will provide researchers to the overall measure as introduced by the been promulgated through several Corps doc- and the public an opportunity to learn about gentleman from Florida because it authorizes uments since the mid-1990s and in WRDA how wetlands work to protect and preserve additional projects and calls for a series of ad- 2000 that incorrectly calculated the length of the surrounding areas, on land and in the ditional studies. In addition to authorizing $349 the ‘‘MidReach’’ section of the Brevard County river. The inclusion of the authorization to million, with an estimated Federal cost of $174 Storm Damage Protection Project as 7.1 miles complete the Upper Mississippi River Com- million, for environmental restoration on Pica- rather than 7.6 miles. This encompasses the prehensive Plan will allow the Corps to finish yune Strand, FL; $193 million, with an esti- shoreline from the north end of the ‘‘South this vital study that will help communities mated federal cost of $123 million, for naviga- Reach’’ of the Brevard Beach project to the along the river to protect themselves from dis- tion at Port of Iberia, LA.; $99 million, with an south end of Patrick Air Force Base. The cor- astrous flooding. There are many other such estimated Federal cost of $64 million, for hurri- rect length of this section of beach is 7.6 miles projects that will help us examine what we can cane and storm-damage reduction in New Jer- and it is important that references to this sec- do to improve our water resources and imple- sey; and other allocations for many critical tion of beach be corrected in law. ment what we know. projects across the country, it seeks to bring Third, H.R. 2864 directs the Corps to expe- I urge my colleagues to support the vital improvement projects to my district of Hous- dite the General Reevaluation Report, GRR, Mississippi River lock improvements and sup- ton, Texas. for the Mid-Reach section of the Brevard port the underlying legislation. I applaud the Chairman for the inclusion of shoreline. This section of beach will be in- Mr. CUMMINGS. Mr. Chairman, I rise today section 4104 that calls for a ‘‘study to deter- cluded as a part of the original project and to congratulate Chairman JOHN DUNCAN and mine the feasibility of carrying out a project for mitigation and storm damage protection efforts Ranking Member EDDIE BERNICE JOHNSON— flood damage reduction’’ in Harris County. can be undertaken. and of course Chairman YOUNG and Ranking Tropical Storm Allison destroyed expansive Finally, H.R. 2864 includes an important Member OBERSTAR—for bringing the Water areas of my district in June 2001. More than provision to ensure that a sediment trap can Resources Development Act, H.R. 2864, to 1,400 homes in the Bellaire section received be constructed as a part of regular operation the floor. serious flood damage. About 90 percent of and maintenance at Port Canaveral. This sedi- Congress has not enacted a new WRDA Bellaire is in the Brays Bayou flood plain, ac- ment trap south of the approach channel and since 2000—and I applaud the leaders of the cording to new maps drawn by the Harris east of the south jetty will reduce the prob- Transportation and Infrastructure Committee County Flood Control District after that storm, ability of a repeat of severe shoaling in the for bringing a bill to the floor of the House be- and I did submit requests in the fiscal year event of future hurricanes. It is appropriate to fore this year’s August recess. 2006 Energy and Water Development Appro- accomplish this work under the operation and The WRDA Act guides the Army Corps of priations Act for $12,500,000 to be used to maintenance since this measure is being Engineers’ management of our Nation’s water- fund for ongoing contracts and to initiate addi- taken to reduce future maintenance dredging ways and water resources by authorizing tional construction contracts to mitigate some of the Federal navigation channel. There will projects that in many cases have literally re- of this residual damage. be cost savings if this is accomplished to- shaped the rivers and waterways of our Na- In addition, it is pleasing that this legislation gether with regular scheduled maintenance tion. For example, past WRDA bills have au- contains a provision, section 5123, that will ex- dredging. thorized the massive restoration of the Florida tend funding from the Federal Emergency The hurricanes that occurred in September Everglades—and this WRDA bill authorizes Management Agency, FEMA, hazard mitiga- 2004 caused severe shoaling in the approach significant changes to the Upper Mississippi-Il- tion grant program to ‘‘the project for flood channel to Port Canaveral. This led to the linois Waterway and as well as projects to re- control, Upper White Oak Bayou, Texas, au- shutting down of the port due to inadequate store coastal wetlands in Louisiana. thorized by section 401(a) of the Water Re- channel depth. This caused the loss of busi- When we as a Nation assume this kind of sources Development Act of 1986.’’ Upper ness and serious problems for cruise ships control over our environment—particularly over White Oak Bayou, almost in its entirety, that had to be diverted to Miami, for oil tank- elements as powerful as our rivers and coastal serves the northwest corridor of the 18th Con- ers that could not deliver fuel to the port, and plains—I believe it is imperative that policies gressional District and communities such as for the power station and cargo ships carrying

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lumber and other building materials that were ing, populated area that I represent. Each of tive BLUMENAUER and Representative FLAKE needed for repairs and reconstruction after the these projects is important to the residents of that will ensure that this project is economi- hurricanes. This also impacted access to the central New Jersey and will enhance the qual- cally justified by authorizing it only if the Army Navy submarine base and Port Canaveral. ity of life in my district. Corps meets their lowest projected traffic sce- I thank the chairman for including these im- Although I am pleased that this legislation nario. portant provisions in this legislation and I look includes important civil works projects that will Although I have strong concerns that this bill forward to passage of this legislation in the better our nation, I am disappointed that this does not go far enough in reforming the Army Senate. legislation does not include stronger reforms Corps, I believe that the projects and pro- Mr. PASCRELL. Mr. Chairman, let me offer of the Army Corps of Engineers. The U.S. grams in this bill are important and need to be my congratulations to Chairman YOUNG and Army Corps of Engineers is charged with an reauthorized. Therefore, I will reluctantly vote Ranking Member OBERSTAR, and Sub- important mission—operating our Nation’s in favor of this legislation. I hope in the future committee Chairman DUNCAN and Congress- water resources and civil works projects. The that Congress will be able to enact reformative woman JOHNSON, for shepherding this Water projects they undertake provide our commu- measure to address the Army Corps fiscal, en- Resources bill to the House floor. nities with clean drinking water, electric power vironmental, and logistical oversights. After 5 long years, we know this bill is well production, river transportation, ecosystem Mr. DREIER. Mr. Chairman, I rise in strong overdue. restoration, and flood protection. Regrettably, support of the Water Resources Development The bipartisan nature of this WRDA bill, and the Army Corps has been plagued by mis- Act, which authorizes flood protection and en- of the operation of our committee in general, management that has resulted in significant vironmental restoration projects to be under- should be a model for the entire Congress. It delays and distress to the communities that taken by the U.S. Army Corps of Engineers in is a credit to this committee that the work of are in need of these projects. order to reduce flood damage and improve en- the Corps translates into a better economy, a Although Congress specifically authorizes vironmental restoration. The House would not cleaner environment, and improved livability projects, the Army Corps has repeatedly ig- be considering this bill were it not for the hard for the people of this Nation. nored these guidelines and set their own prior- work and leadership of Transportation and In- The Corps has a record of accomplishment ities. For years, I have personally been frus- frastructure Committee Chairman DON YOUNG, that has enhanced communities across Amer- trated with the Army Corps handling of and Water Resources and Environment Sub- ica. projects in the 12th Congressional District. committee Chairman JOHN DUNCAN. Every year, billions of tons of commerce The most egregious example of the Army In our ongoing efforts to manage our water move over the navigable waterways the Corps Corps disregard for authorized projects in my supplies, this bill provides the critical partner- maintains. This creates jobs and assures our district is the environmental restoration of ship of the U.S. Army Corps of Engineers to leadership in the global economy. We know Grover’s Mill Pond. Located at the site made assist local water agencies in drought-proofing that maritime transportation will become even famous by Orson Well’s ‘‘War of the Worlds’’ our region and improving our water infrastruc- more critical in the years to come as we grow radio broadcast, Grover’s Mill is not only a his- ture. and expand our congested intermodal system. toric site, but it is a recreation destination and Another key element of the Corps mission is the pond is a vital link to stream corridors. Specifically, the bill authorizes $20 million flood control. Death and displacement due to Years of sediment build-up and runoff from the for the cities of Arcadia and Sierra Madre, for severe flooding has reoccurred throughout our watershed have caused the pond to become their Water Environmental Infrastructure Pro- Nation’s history. Today, many of our major cit- overrun with aquatic weeds and algae. gram. This program will improve the water in- ies in the United States are protected by In fiscal year 2003, Congress specifically frastructure that both cities rely upon, which is Corps of Engineers flood control structures. designated $500,000 in funding for this at risk due to deterioration from age and from Flood protection on average prevents $16 bil- project, but only a fraction of this amount has the potential impact from a major seismic lion in damages each year, saving us $6 for been spent by the Corps on Grover’s Mill event in the region. every $1 invested. pond. This pond in its current condition is not The bill also authorizes $13 million for the The Passaic River Flood Basin is located only an eyesore for the community and the city of Upland’s storm drainage project for the smack in the middle of my Congressional Dis- residents who live near it, but gives off an un- Upland Basin to provide greater flood control trict. People in my district are up in arms pleasant smell in the summer. Completion of retention and groundwater aquifer recharge about what is too often a matter of life and this project is long overdue and is just one ex- capacities. This project will provide the oppor- death. Like along the Acid Brook in Pompton ample of how the Army Corps fiscal irrespon- tunity to recharge 1326 acre-feet per year of Lakes, New Jersey, it is important that the sibility impacts projects across the Nation. storm flows that would otherwise be conveyed Corps has adequate authority to address and The Army Corps should be a leading envi- outside of the Chino Groundwater Basin. Addi- mitigate flooding issues. ronmental organization, but too often environ- tionally, the project will provide the opportunity We know that Corps projects are sometimes mental protection seems to be a secondary to recharge approximately 2300 acre-feet per described as pork barrel spending. Those who consideration. One large deficiency is their de- year of excess imported water supplies or po- downplay the Corps’ importance do not see pendence on a planning policy that was cre- tentially recycled water for future groundwater the tangible benefit neighborhood by neighbor- ated by the Water Resources Council in 1983. extraction and use during dry drought periods. hood. Members of Congress know their dis- More than 20 years later, these policies have Completion of the project will increase water tricts, we know what needs to be done, and by seen little revision. In addition, I am concerned conservation and increase water reliability for voting for this bill, we will reject the ‘‘pork bar- with provisions of this bill that would give the local water producers by utilizing the Chino rel’’ label. Army Corps new authority to limit dramatically Groundwater Basin for water storage, reducing That we have worked out bipartisan com- the alternatives it will consider during project the dependence on imported water during promise on Corps reform, that we have planning and the National Environmental Pol- peak demands or drought periods. agreed upon what the Corps needs to focus icy Act, NEPA, review process. This will un- Additionally, the bill authorizes $5 million for on in the years ahead, and that we are on the dermine NEPA and allow the Army Corps to the Raymond Basin Management Board’s floor today is a huge victory for the American proceed with projects before evaluating a full Southern California Foothill Communities people. range of reasonable alternatives. Water Supply Reliability Program. The Ray- I would like to again thank the Committee The proposed plan for the Upper Mississippi mond Basin Management Board encompasses leadership, especially the always fair-minded River-Illinois Waterway is another dis- the cities of La Canada, Sierra Madre, Pasa- Chairman DUNCAN, for their strong and untiring concerting provision in the bill. H.R. 2648 dena, Arcadia and Alhambra, six water com- effort to bring this bill to the floor. would allow the Army Corps to spend $1.8 bil- panies, three water districts, and three asso- Let us urge the other body to complete its lion to improve the water route and ease travel ciations, and has brought together the commu- work as well, so we might finally renew our time. The Army Corps claims that this large nities along the San Gabriel mountain range water resources program. project is necessary due to its projections that and four groundwater basins in meeting the Mr. HOLT. Mr. Chairman, I rise to express traffic will increase. However, both the Na- water needs in this region. The authorization my concerns with the Water Resource Devel- tional Academy of Sciences and the Congres- will help in their planning, design and con- opment Act of 2005. sional Research Service dispute this finding. struction of groundwater quality and supply I would like to begin by thanking the com- Investing nearly 10 percent of total Corps projects throughout the San Gabriel Mountain mittee for authorizing projects that are impor- spending into a project based on faulty pre- foothill region including the Six Basins, Chino, tant to my district in their bill. Water and infra- dictions is simply unacceptable. I will support San Gabriel and Raymond groundwater ba- structure are important issues to the sprawl- the amendment being offered by Representa- sins.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\A14JY7.013 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5821 With the passage of the Water Resources Approximately 70 percent of our nation’s ag- Like all transportation projects, those in- Development Act, we can work with the Sen- ricultural exports travel along the Mississippi. cluded in this bill will put people back to work, ate to send a good bill to the President for his A 2002 study determined that, if congestion in- improve our communities, and creates eco- signature. Again, I thank my colleagues on the creases on the river, $562 million could be lost nomic activity. Transportation and Infrastructure Committee in farm income alone. The Upper Mississippi By delaying the passage of this much need- for their dedication to providing this foundation supports more than 400,000 jobs in manufac- ed legislation any further, we are doing a dis- for sound water management. I also want to turing, agriculture, and shipping—all of which service to the people we represent. applaud the hard work of the local water agen- support local businesses. I encourage my colleagues here in the cies and local governments that do such ter- Unfortunately, the day-to-day wear and tear House and in the Senate to pass this legisla- rific work in our communities. on the river has taken its toll. The locks on the tion quickly so we can move forward with the Mr. RAHALL. Mr. Chairman, the House of Mississippi river were built in the 1930s with critical projects this bill contains. Representatives today passed the Water Re- 1930’s technology and standards and for Mr. LEACH. Mr. Chairman, I rise in support sources Development Act of 2005, a bill that 1930’s needs. They were designed for a 50- of the Water Resources Development Act, will have positive and lasting effects on com- year life-span and are now more than 70 specifically the Upper Mississippi River-Illinois munities throughout America, including south- years old. Today’s barge traffic is significantly Waterway. ern West Virginia. I commend T&I Chairman different than when the locks were designed. This long overdue bill recommits the United YOUNG, Ranking Member OBERSTAR, Sub- The barges today average 1,100 feet in length States Government to the enhancement of our committee Chairman DUNCAN and Ranking while the current locks were built for barges greatest national wonder—the Mississippi River basin. This national wonder is a kaleido- Member JOHNSON for moving this important only 600 feet in length. Towboats have to drop scope of beauty: birds, fish, fowl, the land- bill. off half their barges in order to pass through scape of plains and valleys rolling into creeks, WRDA, which traditionally follows a biannual the locks, and then reconnect, and then repeat small rivers and other tributaries of a river that schedule, was last enacted in 2000. There- the procedure upon arriving at the next lock. facilitates recreation as well as commerce. fore, the Corps of Engineers has been forced Building 1,200-foot locks will cut dock time to continue its work since then without any Our mightiest river demands our respect— and costs—and those savings are passed on for its beauty, for its sport, and not incidentally significant guidance from Congress. This is to farmers, manufacturers, and consumers, not how the program is supposed to work and for its commerce. It is true that man has creating jobs for our economy. intruded with footprints on this river system has created considerable hardship for both Not only will refurbishing and expanding the local communities in need of assistance and with locks and dams. It is also true that these locks facilitate commerce, but it will reduce footprints have been restrained, particularly in the Corps itself. I hope today’s action will be stress on our roadways. A typical tow of 15 the first major step in reversing this five year relation to the commercial footprints that other barges down the river can carry as much as transportation techniques have wrought in trend. 870 semi-trucks with 60 percent fewer emis- Mr. Chairman, southern West Virginia has other environments. sions. One 15-barge tow can carry the same been ravaged by significant flooding since Indeed the introduction of a man-made amount of grain as a three mile long train or WRDA was last enacted, and the people of channel has caused the river to be more hos- 35 miles of trucks lined end to end. Clearly, southern West Virginia have suffered. Many pitable to fish-life than that which existed when using the River for transportation is much live in homes that were built well before flood parts of the upper Mississippi were prone to more efficient and makes our air cleaner. persistent rapids and shallows. The mainte- patterns and the risks associated were known. This project will not just benefit the transpor- Absent action from Congress in the form of nance of a constant channel has made pos- tation sector. I have spent time on the river WRDA, families have been forced to move sible more lake-like conditions for recreation and have seen the amazing ecosystem res- from their homes and businesses have picked boating and fishing. It has also made the Mis- toration projects that are underway and are up and moved out of the area. In many cases, sissippi River basin part of world commerce. sure to be continued under this plan. The a simple authorization and appropriation would Indeed it has not only facilitated the marketing Upper Mississippi valley provides habitat for have mitigated many of these problems. of grain to paying customers, but it has made I have worked tirelessly with the Army 305 species of birds, 57 species of mammals, possible the transfer of gifted grain to impover- Corps of Engineers and the Appalachian Re- 45 species of amphibians and reptiles, and ished parts of the world to sustain lives that gional Commission to combat flood damage, 134 species of fish. There are even bald ea- otherwise would have starved. seeking to prevent future flooding. WRDA will gles in the area, which can be seen year- Commerce, it must be understood, is not a help us in that endeavor. round. In fact, the National Eagle Center is lo- four-letter word. Efficient transportation creates Mr. Chairman, the House today made a cated along the Mississippi River, in Wabasha, jobs. Barging grains, for instance, embellishes strong statement by overwhelmingly passing Minnesota. the livelihood of farm producers as it enables WRDA. I urge the other body to take up and The upper Mississippi is a haven for boat- citizens of the world to be nourished. This bill pass the Water Resources Development Act ing, fishing, hunting and other forms of recre- which balances concern for the environment of 2005, as further inaction by Congress will ation. Locals and tourists alike enjoy year- with realistic upgrading and maintenance of continue to negatively affect our Nation’s com- round fishing for walleye, northern pike, bass, our lock and dam infrastructure deserves our munities. perch, crappies, and catfish up and down the support. Mr. GUTKNECHT. Mr. Chairman, I rise river. On summer days, thousands of private Mr. WELLER. Mr. Chairman, I rise today to today in support of the underlying bill, the boaters enjoy the river, and hunters enjoy har- express my strong support for H.R. 2864, the Water Resources Development Act. In par- vesting ducks in the fall. Water Resources Development Act (WRDA) of ticular, I support the authorization given to the The river is a beautiful place. The proper 2005. This historic legislation will provide fund- Army Corps of Engineers to begin work on balance between commerce, recreation, and ing for valuable projects across our Nation and renovating the locks and dams on the Mis- the environment must be maintained. I ask for the 11th Congressional District of Illinois. sissippi River and to restore the diverse eco- my colleagues to support the bill and reject I want to thank and commend the Com- system of the river. I will oppose amendments amendments that prevent the modernization of mittee for including three projects specific to meant to stop this construction from moving the locks and dams from moving forward. the 11th Congressional District of Illinois within forward. Ms. BROWN of Florida. Mr. Chairman, I H.R. 2864. Legislative language was included I believe the bill’s well-balanced approach want to thank Chairmen YOUNG and DUNCAN, in the bill which will ensure the Army Corps will meet the needs of those who depend on and Mr. OBERSTAR and Ms. JOHNSON for their continued commitment to the Village of Utica, the river for commerce, restore and protect the hard work in bringing this bill to the floor. Like the Illinois and Michigan Canal, and Ballard’s diverse natural environment, and enhance rec- the TEA–LU bill, we have been waiting several Island in the Illinois River. reational opportunities. years to pass this important legislation. The Village of Utica, IL has experienced Much of the American Midwest’s economy These water projects are extremely impor- periodic flood damage ranging from annual is dependent on the Mississippi river. In 1999, tant for my home state of Florida and for my nuisance flooding to widespread flooding more than 151 million tons of commodities District. I have port dredging project that has causing major damage. A majority of the com- moved on the river system with a combined been funded, but can not get started because mercial development in the village and mul- value of nearly $24 billion. The State of Min- the Corps of Engineers doesn’t have author- tiple downtown municipal buildings are located nesota sent about $1.4 billion worth of grain ization to do it. We are also still recovering in the 100-year floodplain. The impacts of re- down the river—most of it traveled to New Or- from the ecological damage created by last curring flood damage, along with the contin- leans and Baton Rouge for export to foreign year’s hurricanes, and we can use this funding uous risk of future damage, restrict the eco- markets. to continue to restore our state’s waterways. nomic potential of the area. Additionally, since

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\A14JY7.021 H14PT1 H5822 CONGRESSIONAL RECORD — HOUSE July 14, 2005 much of the downtown was destroyed in a transportation system. Argentina, for example, Another great American said: ‘‘The military massive tornado during April of 2004, rebuild- has invested over $650 million in agricultural engineers are taking upon their shoulders the ing efforts have been hampered by having to transportation. Brazil is reconstructing its wa- job of making the Mississippi River over again, adhere to floodplain guidelines. terway system in an effort to reduce the ship- a job transcended in size only by the original Changing the delineation of the 100-year ping costs of agricultural commodities by 75 job of creating it.’’ That was Mark Twain. floodplain is a complex process, and there is percent. Due in large part to transportation ad- Those statements together pay tribute to no easy way to immediately remove the down- vancements, these two countries have cap- what the Corps of Engineers has done so ad- town area from the plain as the post-tornado tured 50 percent of the total growth in world mirably, and the great legacy they have left for rebuilding proceeds. However, long-range soybean sales during the past 3 years. all Americans protected in floods, enhanced flood protection options do exist including the The price farmers receive at their local mar- with river navigation programs, and, of im- construction of a flood control basin on Clark ket is often largely based on the price of trans- mense importance to me, protecting the great Run Creek upstream from downtown Utica, or portation from the Mississippi River to the ex- resource of the Great Lakes—one fifth of all the construction of a high flow bypass that port markets. The lower the cost of transpor- the fresh water on the face of the Earth. would channel water typically flowing overland tation, the lower the cost of U.S. products on The bill before us today includes as great a into downtown Utica into the Illinois and Michi- the world market; thus, the more demand for variety of projects as have ever been included gan Canal instead. I am pleased that the Army U.S. products in the global marketplace. in water resources legislation. The scope of Corps will be taking a closer look at these op- Passage of H.R. 2864 with the inclusion of this bill includes projects and programs for the tions. the Upper Mississippi and Illinois River Locks Nation’s inland navigation system, flood pro- The City of LaSalle, IL has taken an aggres- and Dams Restoration Project is also a jobs tection, shoreline protection, and environ- sive approach to promoting itself as a histor- creation mechanism. According to the Army mental protection and enhancement. ical tourism destination as a way to com- Corps of Engineers, construction of the 7 This bill both builds and rebuilds the Na- pensate for the loss of manufacturing. The locks will provide at least 3,000–6,000 jobs tion’s infrastructure. It will allow us to expand highpoint of this project is the Port of LaSalle per year for the construction period, estimated international trade through projects to improve and the I & M Canal. The I & M Canal was 12–20 years. our coastal ports and inland navigation sys- integral to the success of Chicago as a trans- I thank the Committee for their hard work on tem. Flood control and hurricane and storm portation hub back in the 19th century as it this important bill and strongly urge the Con- damage reduction measures will help meet connected the City to the Illinois River. While gress to join me in voting in support of WRDA critical needs to protect lives and property. it fell into disuse and disrepair, the Canal Cor- 2005’s final passage. This legislation includes 30 projects for ridor Association and the City of LaSalle have Mr. OBERSTAR. Mr. Chairman, I rise in which the Chief of Engineers has submitted a remade a stretch at the Lock 14 site in La- support of H.R. 2864, the Water Resources report to Congress. Salle. A replica canal boat is planned to be Development Act of 2005. This legislation ful- In addition, the bill contains over 100 project constructed and act a tourist attraction and fills the commitment of the Committee on modifications of existing or on-going projects, also a unique venue that can be rented for pri- Transportation and Infrastructure to produce over 100 requests for Corps of Engineers’ vate functions to bring further revenue to the water resources legislation for the Nation on a studies for future projects, and an equal num- community. biennial basis. Unfortunately, while the Com- ber of requests for the Corps to carry out However, further contaminate testing (in- mittee produced a bill in the last Congress, it projects consistent with the primary missions cluding cadmium and zinc) needs to be com- was not enacted into law. of the Corps of navigation, flood control, and pleted so that dredging may take place in We are now nearly 5 years since the last ecosystem restoration. order to create a long and deep enough chan- water resources bill was enacted. That is too All told, the bill, including additions adopted nel for the canal boat to be successfully oper- long. at Subcommittee, contains roughly $10 billion ated. I thank the committee for their continued The Corps of Engineers has served the Na- in new and modified project authorizations. support of this important project, and in mak- tion well for 230 years. During those years it This number should come as no surprise to ing the Port of LaSalle initiative an Army has established itself as the Nation’s oldest, those familiar with the Corps process, be- Corps priority. largest, and most experienced government or- cause this bill represents approximately 51⁄2 Finally, I am pleased to thank the Com- ganization in the area of water and related years of requests since the last Water Re- mittee for their support for studying the open- land engineering matters. From its early works sources Development Act of 2000. ing up of the Ballard’s Island Channel in the during the Revolutionary War, to navigation I am pleased that this legislation includes Illinois River. The Army Corps completed its improvements, to the unrivaled efforts to re- the legislative proposal developed in the pre- last dredging and stone removal at the duce the devastating floods in the Mississippi vious Congress to address programmatic Ballard’s Island site in October 2003 with the River valley, to the current efforts to save the issues in the Corps program that have be- intent to study the effects and ramifications. A Everglades from extinction, the Corps is the come collectively known as ‘‘Corps Reform.’’ significant time having passed, it is time for entity that the people call upon to solve the This bi-partisan agreement calling for inde- the Corps to continue with opening up this problems facing the Nation’s vast water re- pendent review of larger and more controver- channel which the Corps closed almost 60 sources. sial projects will address many of the concerns years ago. Cutting through the very large ri- Few people today know that the Corps of raised by stakeholders, and outside aca- parian bar which has built up over 60 years Engineers, among its many responsibilities, demics, and will improve the process of mov- and which now blocks the original channel had jurisdiction over Yellowstone National ing project proposals from study to completion. may be a means to this goal and I congratu- Park. The Corps managed Yellowstone Park There should be no doubt that I am a strong late the Committee for their willingness to look for 30 years. Lieutenant Dan Kingman of the supporter of the Corps and the valuable work further at this possibility. Corps, who would later become the chief of that it does for this country. This Nation needs Passage of this all-important bill is not only engineers, wrote: the Corps of Engineers, but the Corps also important to the 11th Congressional District, The plan of development which I have sub- needs to be free from outside criticisms. That but it is also imperative to the competitiveness mitted is given upon the supposition and in is why I believe Congress must act to imple- and survival of Illinois and Midwestern agri- the earnest hope that it will be preserved as ment a few common sense revisions to the culture within the global market. WRDA 2005 nearly as may be as the hand of nature left process by which the Corps develops and im- funds the Upper Mississippi and Illinois River it, a source of pleasure to all who visit and plements projects. Locks and Dams Restoration Project. This a source of wealth to no one. Nothing in this bill hampers the ability of the project will replace seven key 600-foot naviga- A few years later, John Muir, founder of the Corps to study and recommend new projects. tion locks with seven new 1,200-foot locks. Im- Sierra Club, said: To the contrary, the Corps study process is provements to the inland water transportation The best service in forest protection, al- improved by ensuring that completed studies system are long past due. Many structures most the only efficient service, is that ren- can withstand outside scrutiny or challenge. were built over 60 years ago, when barge dered by the military. For many years, they This bill represents a fair effort to address tows were less than 600 feet long. Today’s have guarded the great Yellowstone Park, the varied water resources needs of the Na- and now they are guarding Yosemite. They tion. It is worthy of bipartisan support, and I barge tows are nearly 1,200 feet long, creating found it a desert as far as underbrush, grass vast backlogs at many locks, and slowing the and flowers are concerned. But, in 2 years, urge all Members to support the bill. speed with which Illinois products can be the skin of the mountains is healthy again, Mr. KIND. Mr. Chairman, I rise in support of shipped abroad. blessings on Uncle Sam’s soldiers, as they this bill which, among other things, authorizes In order for U.S. agriculture to compete have done the job well, and every pine tree is the U.S. Army Corps of Engineers’ sustain- globally, we must have an updated water waving its arms for joy. ability plan for the upper Mississippi River.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\A14JY7.033 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5823 The navigation and ecosystem sustainability tory birds, and as a habitat for federally listed sewer system. I am happy to report that now in title VIII of the bill is the product of the threatened and endangered species. roughly over 200 homes located in Broadtop Upper Mississippi River-Illinois Waterway Sys- We must ensure Federal resources are bal- Township are now properly hooked up to tem Navigation feasibility study, which has anced between lock construction and eco- sewer lines. That may not seem like a big deal had, unfortunately, a long and controversial system needs. That is why I offered an to some, but to my rural Pennsylvania district history. amendment to this bill that seeks to do two it means a great deal. And it would not be As many will remember, a respected Army things: First, it adds a new provision requiring possible if it were not for the bill before us Corps economist filed a whistleblower com- the secretary to make an annual report to con- today. plaint about the Corps’ use of faulty data to gress specifically on whether the lock and In short Mr. Chairman, the quality of life of justify lock and dam expansion. Partly in re- dam construction and ecosystem restoration the citizens of Pennsylvania and indeed sponse to that incident, I introduced legislation projects are being carried out at comparable throughout this Nation has been improved by to revamp the project review and authorization rates. In addition, the amendment makes it the critical projects that are funded under this procedures at the U.S. Army Corps of Engi- clear that congress intends to share the au- bill. Again, my congratulations to Chairman neers. The goals of my bill were to increase thority with the secretary in determining if the DUNCAN and the staff which has worked so transparency and accountability; ensure fiscal projects are moving forward at a comparable diligently on this bill. I urge my colleagues to responsibility; balance economic and environ- rate and adjust the annual funding accord- support the measure. mental interests; and allow greater stakeholder ingly. Mississippi lock and dam modernization Mr. YOUNG of Alaska. Mr. Chairman, I yield involvement in proposed projects. and ecosystem restoration are an expensive myself such time as I may consume. Many elements of my reform measures are provision of this bill and the American tax- Mr. Chairman, I am pleased that today the in this bill, though not to the degree I believe payer deserves to know it is being done right. House is considering the Water Resources is still needed. For example, I believe the Mr. Chairman, the Mississippi River is one Development Act of 2005. Corps’ outdated principles and guidelines of America’s national treasures. People come In this bill, we have been able to get past should be updated to reflect current laws and from all over the U.S., and all over the world the rhetoric, identify real issues, and come up public values, and much more should be done come to its banks to see the natural splendor with workable, bipartisan, solutions that will to strengthen the peer review provisions—sec- captured so well by authors like Mark Twain. actually help the Corps of Engineers carry out tion 2030—to create a truly independent and As founder and co-chair of the upper Mis- its missions. effective review process. It is my hope the sissippi River Congressional task force, I have This negotiation involved a lot of give and other body will include the full scope of these long sought to preserve the river’s health and take. The result does not represent my initial sensible reform measures in their version of historical multiple uses, including as a natural positions, or Mr. OBERSTAR’s. That is the na- this important bill. waterway and a home to wildlife, for the ben- ture of a compromise. In addition, in the wake of the whistleblower efit of future generations of Americans. While The compromise language gives the Corps scandal, my colleagues and I in the Army this is not a perfect bill, if implemented appro- of Engineers the tools it needs to improve and Corps reform caucus called for the scientific, priately, I believe it will benefit both rural expedite water resources projects. nonpartisan, national research council to re- economies and the wildlife that depend on a These provisions earned the support of all view the Corps’ final recommended plan. Re- healthy Mississippi River. the members of the Transportation and Infra- Mr. SHUSTER. Mr. Chairman, I rise in grettably the NRC’s report concluded there re- structure Committee, received the support of strong support of H.R. 2864, the Water Re- mained some questions about the Corps’ com- 412 Members of the House last Congress, sources Development Act of 2005. I want to mercial traffic predictions on the Mississippi— and deserve the support of all the Members of begin by applauding Chairman DUNCAN for his but expressed support for the Corps’ inclusion the House this Congress. continued effort to move this critical legislation Now that the debate over ‘‘Corps Reform’’ is of adaptive management ecosystem restora- forward. As a Member of the Water Resource past us, both the Congress and the Corps of tion components in their plan. Subcommittee, I have had the opportunity to While I remain troubled by the Corps’ inabil- Engineers can focus on meeting the Nation’s see first hand his dedication to improving our ity to fully justify the Model they used for their navigation, flood control, and environmental Nation’s infrastructure. restoration needs to provide economic and na- commercial traffic predictions, America clearly I also want to express my thanks to Ranking has an aging lock and dam infrastructure on tional security and to improve our quality of Member EDDIE BERNICE JOHNSON, as well as the Mississippi. Most of the locks and dams life. our Leadership on the Committee, Chairman Some complain about the cost of Corps of on the upper Mississippi River system are YOUNG and Ranking Member OBERSTAR. They Engineers projects, but these investments are over 60 years old and many are in serious have always led our Committee in a bipartisan critically important to our economy. need of repair and rehabilitation. For the past manner which places our Nation’s interest Over 13 million American jobs are depend- 19 years, the Corps has been undertaking ahead of politics. ent on trade, but our harbors are not ready to major rehabilitation of individual facilities Mr. Chairman, wastewater infrastructure is meet the increasing demands of international throughout the navigation system in an effort not the flashiest of issues, but it is absolutely trade. to extend their useful life. This work is critical fundamental to improving quality of life, pro- Our farmers and our electric utilities depend to ensuring navigation reliability and safety. tecting the environment and enhancing eco- on efficient waterways to move grain and coal, Furthermore, I represent a rural district nomic development. My staff frequently gives but over half of our locks are over 50 years where agriculture plays an important role in me a hard time as I like to point out that if you old and two have been operating since the the economy and the life of many of its citi- cannot turn on the spicket and get clean and 19th century. zens. Updating this vital water transportation flush toilets you do not have basic sewer infra- Many communities along rivers and shores system by modernizing these aging locks will structure in place, you simply cannot have are not protected from hurricanes and flood- mean greater export opportunities for our economic development. It may not be the ing, even though the cost of recovering from farmers, and will create and sustain jobs prettiest of analogies, but I find it is one that a flood is on average six times greater than throughout rural america which has been hit rings very true. And Mr. Chairman, that is why the cost of investing in the infrastructure need- hard by the sluggish economy. the bill we have before is so important. ed to prevent those damages. Finally, the ecological health of the Mis- To emphasize this point, I would point to a Finally, there are worthwhile environmental sissippi River and its economic importance to project that took place in my home district in restoration projects that provide both environ- the many people that make their living or seek Pennsylvania. When I was first elected to this mental and economic benefits. their recreation is based on a healthy river body, community officials came to me seeking The Water Resources Development Act of system. Scientists studying the river agree that funding for a small infrastructure project. A 2005 addresses these needs in communities without significant efforts to restore habitat, local creek, which flows into the Juniata River all over the country. this vital national resource will continue to de- and eventually into the Susquehanna, was I want to thank the ranking member of the cline. A strong and consistent Federal role for being filled with sewage from nearby houses committee, Mr. OBERSTAR, for his help in re- ecosystem restoration is necessary for the en- because of lack of proper sewer lines. The solving some very contentious issues and I tire basin, both because of the large acreage health concerns, as well as the harm to the appreciate his willingness to work together in of Federal lands, including the upper Mis- environment terribly hampered the quality of a bipartisan fashion. sissippi River National Wildlife and Fish Ref- life for the local residents and prevented busi- I want to commend Mr. DUNCAN and Ms. uge (the longest river refuge in the continental ness from settling there. JOHNSON and the Water Resources and Envi- U.S.), as well as its major importance as a For the last four years, I have worked with ronment Subcommittee for their hard work in continental and international flyway for migra- officials to equip the community with a proper crafting this legislation.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A14JY7.038 H14PT1 H5824 CONGRESSIONAL RECORD — HOUSE July 14, 2005 I urge all Members to support H.R. 2864 Sec. 2010. Wetlands mitigation. Sec. 3033. Brevard County, Florida. and join me in encouraging the other body to Sec. 2011. Remote and subsistence harbors. Sec. 3034. Broward County and Hillsboro Inlet, act expeditiously once this bill has passed the Sec. 2012. Beneficial uses of dredged material. Florida. Sec. 2013. Cost-sharing provisions for certain Sec. 3035. Canaveral Harbor, Florida. House. areas. Sec. 3036. Gasparilla and Estero Islands, Flor- Mr. FITZPATRICK. Mr. Chairman, I rise Sec. 2014. Revision of project partnership agree- ida. today in support of Chairman YOUNG’s exem- ment. Sec. 3037. Jacksonville Harbor, Florida. plary work on the Water Resources Develop- Sec. 2015. Cost sharing. Sec. 3038. Lido Key Beach, Sarasota, Florida. ment Act. In addition, I stand here to endorse Sec. 2016. Credit for work performed before Sec. 3039. Miami Harbor, Florida. The Chairman’s Manager’s Amendment— partnership agreement. Sec. 3040. Peanut Island, Florida. Sec. 2017. Recreation user fee revenues. Sec. 3041. Tampa Harbor-Big Bend Channel, which contains my bipartisan legislation—H.R. Sec. 2018. Expedited actions for emergency flood 1983. Florida. damage reduction. Sec. 3042. Tampa Harbor Cut B, Florida. H.R. 1983 called for a new flood mitigation Sec. 2019. Watershed and river basin assess- Sec. 3043. Allatoona Lake, Georgia. study of the Delaware River covering four ments. Sec. 3044. Latham River, Glynn County, Geor- states: Delaware, Pennsylvania, New Jersey Sec. 2020. Tribal partnership program. gia. and New York. I would like to thank the effort Sec. 2021. Wildfire firefighting. Sec. 3045. Dworshak Dam and Reservoir im- and support of my bipartisan coalition of the Sec. 2022. Credit for nonconstruction services. provements, Idaho. Sec. 2023. Technical assistance. Sec. 3046. Beardstown Community Boat Harbor, Delaware River corridor: Representatives Sec. 2024. Coordination and scheduling of Fed- DENT, HINCHEY, KELLY, MENENDEZ, SMITH and Beardstown, Illinois. eral, State, and local actions. Sec. 3047. Cache River Levee, Illinois. HOLT. Sec. 2025. Project streamlining. Sec. 3048. Chicago River, Illinois. This is the first piece of legislation I intro- Sec. 2026. Lakes program. Sec. 3049. Chicago Sanitary and Ship Canal, Il- Sec. 2027. Mitigation for fish and wildlife duced as a member of Congress. I would like linois. to thank Chairman YOUNG again for including losses. Sec. 3050. Emiquon, Illinois. Sec. 2028. Cooperative agreements. H.R. 1983 in the Manager’s Amendment be- Sec. 3051. LaSalle, Illinois. Sec. 2029. Project planning. Sec. 3052. Spunky Bottoms, Illinois. cause this bill is needed for my constituents Sec. 2030. Independent peer review. Sec. 3053. Fort Wayne and vicinity, Indiana. who were devastated by two floods in only six Sec. 2031. Training funds. months. Sec. 2032. Access to water resource data. Sec. 3054. Koontz Lake, Indiana. Mr. DUNCAN. Mr. Chairman, I have Sec. 2033. Shore protection projects. Sec. 3055. Little Calumet River, Indiana. Sec. 2034. Ability to pay. Sec. 3056. White River, Indiana. no further requests for time, and I Sec. 3057. Des Moines River and Greenbelt, yield back the balance of my time. Sec. 2035. Aquatic ecosystem restoration. Sec. 2036. Small flood damage reduction Iowa. The Acting CHAIRMAN (Mr. projects. Sec. 3058. Prestonsburg, Kentucky. LATHAM). All time for general debate Sec. 2037. Leasing authority. Sec. 3059. Amite River and Tributaries, Lou- has expired. Sec. 2038. Cost estimates. isiana, East Baton Rouge Parish Pursuant to the rule, the committee Sec. 2039. Studies and reports for water re- Watershed. amendment in the nature of a sub- sources projects. Sec. 3060. Atchafalaya Basin, Louisiana. stitute printed in the bill shall be con- Sec. 2040. Fiscal transparency report. Sec. 3061. Bayou Plaquemine, Louisiana. Sec. 3062. Atchafalaya Basin Floodway System, TITLE III—PROJECT-RELATED sidered as an original bill for the pur- Louisiana. PROVISIONS pose of amendment under the 5-minute Sec. 3063. J. Bennett Johnston Waterway, Mis- rule and shall be considered read. Sec. 3001. King Cove Harbor, Alaska. sissippi River to Shreveport, Lou- The text of the committee amend- Sec. 3002. St. Paul Harbor, St. Paul Island, isiana. Alaska. Sec. 3064. Mississippi Delta Region, Louisiana. ment in the nature of a substitute is as Sec. 3003. Sitka, Alaska. follows: Sec. 3065. New Orleans to Venice, Louisiana. Sec. 3004. Tatitlek, Alaska. Sec. 3066. West bank of the Mississippi River H.R. 2864 Sec. 3005. Grand Prairie Region and Bayou (East of Harvey Canal), Lou- Meto basin, Arkansas. Be it enacted by the Senate and House of Rep- isiana. Sec. 3006. Osceola Harbor, Arkansas. resentatives of the United States of America in Sec. 3067. Camp Ellis, Saco, Maine. Sec. 3007. Pine Mountain Dam, Arkansas. Congress assembled, Sec. 3068. Union River, Maine. Sec. 3008. Saint Francis Basin, Arkansas. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 3069. Gwynns Falls Watershed, Baltimore, Sec. 3009. American River Watershed, Cali- (a) SHORT TITLE.—This Act may be cited as Maryland. fornia. the ‘‘Water Resources Development Act of 2005’’. Sec. 3010. Compton Creek, California. Sec. 3070. Boston Harbor, Massachusetts. (b) TABLE OF CONTENTS.— Sec. 3011. Grayson Creek/Murderer’s Creek, Sec. 3071. Detroit River Shoreline, Detroit, Sec. 1. Short title; table of contents. California. Michigan. Sec. 2. Definition of Secretary. Sec. 3012. Hamilton Airfield, California. Sec. 3072. St. Joseph Harbor, Michigan. Sec. 3073. Sault Sainte Marie, Michigan. TITLE I—WATER RESOURCES PROJECTS Sec. 3013. John F. Baldwin Ship Channel and Sec. 3074. Ada, Minnesota. Sec. 1001. Project authorizations. Stockton Ship Channel, Cali- fornia. Sec. 3075. Duluth Harbor, McQuade Road, Sec. 1002. Small projects for flood damage re- Minnesota. duction. Sec. 3014. Kaweah River, California. Sec. 3015. Larkspur Ferry Channel, Larkspur, Sec. 3076. Grand Portage Harbor, Minnesota. Sec. 1003. Small projects for emergency Sec. 3077. Granite Falls, Minnesota. streambank protection. California. Sec. 3016. Llagas Creek, California. Sec. 3078. Knife River Harbor, Minnesota. Sec. 1004. Small projects for navigation. Sec. 3079. Red Lake River, Minnesota. Sec. 1005. Small projects for improvement of the Sec. 3017. Los Angeles Harbor, California. Sec. 3018. Magpie Creek, California. Sec. 3080. Silver Bay, Minnesota. quality of the environment. Sec. 3081. Taconite Harbor, Minnesota. Sec. 1006. Small projects for aquatic ecosystem Sec. 3019. Pacific Flyway Center, Sacramento, California. Sec. 3082. Two Harbors, Minnesota. restoration. Sec. 3083. Deer Island, Harrison County, Mis- Sec. 1007. Small projects for shoreline protec- Sec. 3020. Pinole Creek, California. Sec. 3021. Prado Dam, California. sissippi. tion. Sec. 3022. Sacramento and American Rivers Sec. 3084. Pearl River Basin, Mississippi. Sec. 1008. Small projects for snagging and sedi- Flood Control, California. Sec. 3085. Festus and Crystal City, Missouri. ment removal. Sec. 3023. Sacramento Deep Water Ship Chan- Sec. 3086. Monarch-Chesterfield, Missouri. TITLE II—GENERAL PROVISIONS nel, California. Sec. 3087. River Des Peres, Missouri. Sec. 2001. Non-Federal contributions. Sec. 3024. Sacramento River, Glenn-Colusa, Sec. 3088. Antelope Creek, Lincoln, Nebraska. Sec. 2002. Harbor cost sharing. California. Sec. 3089. Sand Creek watershed, Wahoo, Ne- Sec. 2003. Funding to process permits. Sec. 3025. Santa Cruz Harbor, California. braska. Sec. 2004. National shoreline erosion control de- Sec. 3026. Seven Oaks Dam, California. Sec. 3090. Lower Cape May Meadows, Cape velopment and demonstration pro- Sec. 3027. Upper Guadalupe River, California. May Point, New Jersey. gram. Sec. 3028. Walnut Creek Channel, California. Sec. 3091. Passaic River Basin flood manage- Sec. 2005. Small shore and beach restoration Sec. 3029. Wildcat/San Pablo Creek Phase I, ment, New Jersey. and protection projects. California. Sec. 3092. Buffalo Harbor, New York. Sec. 2006. Written agreement for water re- Sec. 3030. Wildcat/San Pablo Creek Phase II, Sec. 3093. Orchard Beach, Bronx, New York. sources projects. California. Sec. 3094. Port of New York and New Jersey, Sec. 2007. Assistance for remediation, restora- Sec. 3031. Yuba River Basin project, California. New York and New Jersey. tion, and reuse. Sec. 3032. Intracoastal Waterway, Delaware Sec. 3095. New York State Canal System. Sec. 2008. Compilation of laws. River to Chesapeake Bay, Dela- Sec. 3096. Lower Girard Lake Dam, Ohio. Sec. 2009. Dredged material disposal. ware and Maryland. Sec. 3097. Mahoning River, Ohio.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 6343 E:\CR\FM\A14JY7.042 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5825 Sec. 3098. Arcadia Lake, Oklahoma. Sec. 4029. Collier County beaches, Florida. Sec. 4095. Georgetown and Williamsburg Coun- Sec. 3099. Waurika Lake, Oklahoma. Sec. 4030. Vanderbilt Beach Lagoon, Florida. ties, South Carolina. Sec. 3100. Willamette River temperature control, Sec. 4031. Meriwether County, Georgia. Sec. 4096. Chattanooga, Tennessee. McKenzie Subbasin, Oregon. Sec. 4032. Tybee Island, Georgia. Sec. 4097. Cleveland, Tennessee. Sec. 3101. Delaware River, Pennsylvania, New Sec. 4033. Kaukonahua-Helemano watershed, Sec. 4098. Cumberland River, Nashville, Ten- Jersey, and Delaware. Oahu, Hawaii. nessee. Sec. 3102. Raystown Lake, Pennsylvania. Sec. 4034. West Maui, Maui, Hawaii. Sec. 4099. Lewis, Lawrence, and Wayne Coun- Sec. 3103. Sheraden Park Stream and Chartiers Sec. 4035. Boise River, Idaho. ties, Tennessee. Creek, Allegheny County, Penn- Sec. 4036. Ballard’s Island Side Channel, Illi- Sec. 4100. Wolf River and Nonconnah Creek, sylvania. nois. Memphis Tennessee. Sec. 3104. Solomon’s Creek, Wilkes-Barre, Sec. 4037. Chicago, Illinois. Sec. 4101. Abilene, Texas. Pennsylvania. Sec. 4038. South Branch, Chicago River, Chi- Sec. 4102. Coastal Texas ecosystem protection Sec. 3105. South Central Pennsylvania. cago, Illinois. and restoration, Texas. Sec. 3106. Wyoming Valley, Pennsylvania. Sec. 4039. Utica, Illinois. Sec. 4103. Fort Bend County, Texas. Sec. 3107. Cedar Bayou, Texas. Sec. 4040. Lake and Porter Counties, Indiana. Sec. 4104. Harris County, Texas. Sec. 3108. Freeport Harbor, Texas. Sec. 4041. Salem, Indiana. Sec. 4105. Port of Galveston, Texas. Sec. 3109. Johnson Creek, Arlington, Texas. Sec. 4042. Buckhorn Lake, Kentucky. Sec. 4106. Roma Creek, Texas. Sec. 3110. Lake Kemp, Texas. Sec. 4043. Dewey Lake, Kentucky. Sec. 4107. Walnut Creek, Texas. Sec. 3111. Lower Rio Grande Basin, Texas. Sec. 4044. Louisville, Kentucky. Sec. 4108. Grand County and Moab, Utah. Sec. 3112. North Padre Island, Corpus Christi Sec. 4045. Bastrop-Morehouse Parish, Lou- Sec. 4109. Southwestern Utah. Bay, Texas. isiana. Sec. 4110. Chowan River Basin, Virginia and Sec. 3113. Pat Mayse Lake, Texas. Sec. 4046. Offshore oil and gas fabrication North Carolina. Sec. 3114. Proctor Lake, Texas. ports, Louisiana. Sec. 4111. James River, Richmond, Virginia. Sec. 3115. San Antonio Channel, San Antonio, Sec. 4047. Vermilion River, Louisiana. Sec. 4112. Elliott Bay Seawall, Seattle, Wash- Texas. Sec. 4048. West Feliciana Parish, Louisiana. ington. Sec. 3116. James River, Virginia. Sec. 4049. Patapsco River, Maryland. Sec. 4113. Monongahela River Basin, Northern Sec. 3117. Lee, Russell, Scott, Smyth, Tazewell, Sec. 4050. Fall River Harbor, Massachusetts West Virginia. and Wise Counties, Virginia. and Rhode Island. Sec. 4114. Kenosha Harbor, Wisconsin. Sec. 3118. Tangier Island Seawall, Virginia. Sec. 4051. Hamburg and Green Oak Townships, Sec. 4115. Wauwatosa, Wisconsin. Sec. 3119. Duwamish/Green, Washington. Michigan. TITLE V—MISCELLANEOUS PROVISIONS Sec. 3120. Yakima River, Port of Sunnyside, Sec. 4052. St. Clair River, Michigan. Sec. 5001. Maintenance of navigation channels. Washington. Sec. 4053. Duluth-Superior Harbor, Minnesota Sec. 5002. Watershed management. Sec. 3121. Greenbrier River Basin, West Vir- and Wisconsin. Sec. 5003. Dam safety. ginia. Sec. 4054. Wild Rice River, Minnesota. Sec. 5004. Structural integrity evaluations. Sec. 3122. Lesage/Greenbottom Swamp, West Sec. 4055. Mississippi coastal area, Mississippi. Sec. 5005. Flood mitigation priority areas. Virginia. Sec. 4056. Northeast Mississippi. Sec. 5006. Additional assistance for authorized Sec. 3123. Northern West Virginia. Sec. 4057. St. Louis, Missouri. projects. Sec. 3124. Manitowoc Harbor, Wisconsin. Sec. 4058. Dredged material disposal, New Jer- Sec. 5007. Expedited completion of reports and Sec. 3125. Mississippi River headwaters res- sey. construction for certain projects. ervoirs. Sec. 4059. Bayonne, New Jersey. Sec. 5008. Expedited completion of reports for Sec. 3126. Continuation of project authoriza- Sec. 4060. Carteret, New Jersey. certain projects. tions. Sec. 4061. Elizabeth River, Elizabeth, New Jer- Sec. 5009. Southeastern water resources assess- Sec. 3127. Project reauthorizations. sey. ment. Sec. 3128. Project deauthorizations. Sec. 4062. Gloucester County, New Jersey. Sec. 5010. Upper Mississippi River environ- Sec. 3129. Land conveyances. Sec. 4063. Perth Amboy, New Jersey. mental management program. Sec. 3130. Extinguishment of reversionary inter- Sec. 4064. Wreck Pond, Monmouth County, Sec. 5011. Missouri and Middle Mississippi Riv- ests and use restrictions. New Jersey. ers enhancement project. TITLE IV—STUDIES Sec. 4065. Batavia, New York. Sec. 5012. Great Lakes fishery and ecosystem Sec. 4001. John Glenn Great Lakes Basin pro- Sec. 4066. Big Sister Creek, Evans, New York. restoration. gram. Sec. 4067. East Chester Bay, Turtle Cove, New Sec. 5013. Great Lakes remedial action plans Sec. 4002. Lake Erie dredged material disposal York. and sediment remediation. sites. Sec. 4068. Finger Lakes, New York. Sec. 5014. Great Lakes tributary model. Sec. 4003. Southwestern United States drought Sec. 4069. Hudson-Raritan Estuary, New York Sec. 5015. Susquehanna, Delaware, and Poto- study. and New Jersey. mac River Basins. Sec. 4004. Upper Mississippi River comprehen- Sec. 4070. Lake Erie Shoreline, Buffalo, New Sec. 5016. Chesapeake Bay Environmental Res- sive plan. York. toration and Protection Program. Sec. 4005. Knik Arm, Cook Inlet, Alaska. Sec. 4071. Newtown Creek, New York. Sec. 5017. Chesapeake Bay oyster restoration. Sec. 4006. Kuskokwim River, Alaska. Sec. 4072. Niagara River, New York. Sec. 5018. Hypoxia assessment. Sec. 4007. St. George Harbor, Alaska. Sec. 4073. Upper Delaware River watershed, Sec. 5019. Potomac River Watershed Assessment Sec. 4008. Susitna River, Alaska. New York. and Tributary Strategy Evalua- Sec. 4009. Gila Bend, Maricopa, Arizona. Sec. 4074. Lincoln County, North Carolina. tion and Monitoring Program. Sec. 4010. Searcy County, Arkansas. Sec. 4075. Wilkes County, North Carolina. Sec. 5020. Lock and dam security. Sec. 4011. Dry Creek Valley, California. Sec. 4076. Yadkinville, North Carolina. Sec. 5021. Pinhook Creek, Huntsville, Alabama. Sec. 4012. Elkhorn Slough estuary, California. Sec. 4077. Cincinnati, Ohio. Sec. 5022. Tallapoosa, Alabama. Sec. 4013. Fresno, Kings, and Kern Counties, Sec. 4078. Euclid, Ohio. Sec. 5023. Alaska. California. Sec. 4079. Lake Erie, Ohio. Sec. 5024. Barrow, Alaska. Sec. 4014. Los Angeles River, California. Sec. 4080. Ohio River, Ohio. Sec. 5025. Coffman Cove, Alaska. Sec. 4015. Lytle Creek, Rialto, California. Sec. 4081. Sutherlin, Oregon. Sec. 5026. Fort Yukon, Alaska. Sec. 4016. Mokelumne River, San Joaquin Sec. 4082. Tillamook Bay and Bar, Oregon. Sec. 5027. Kotzebue Harbor, Alaska. County, California. Sec. 4083. Ecosystem restoration and fish pas- Sec. 5028. Lowell Creek Tunnel, Seward, Alas- Sec. 4017. Napa River, St. Helena, California. sage improvements, Oregon. ka. Sec. 4018. Orick, California. Sec. 4084. Walla Walla River Basin, Oregon. Sec. 5029. St. Herman and St. Paul Harbors, Sec. 4019. Rialto, Fontana, and Colton, Cali- Sec. 4085. Chartiers Creek watershed, Pennsyl- Kodiak, Alaska. fornia. vania. Sec. 5030. Tanana River, Alaska. Sec. 4020. Sacramento River, California. Sec. 4086. Kinzua Dam and Allegheny Res- Sec. 5031. Valdez, Alaska. Sec. 4021. San Diego County, California. ervoir, Pennsylvania. Sec. 5032. Whittier, Alaska. Sec. 4022. San Francisco Bay, Sacramento-San Sec. 4087. North Central Pennsylvania. Sec. 5033. Wrangell Harbor, Alaska. Joaquin Delta, California. Sec. 4088. Northampton and Lehigh Counties Sec. 5034. Augusta and Clarendon, Arkansas. Sec. 4023. South San Francisco Bay shoreline streams, Pennsylvania. Sec. 5035. Des Arc levee protection, Arkansas. study, California. Sec. 4089. Western Pennsylvania flood damage Sec. 5036. Helena and vicinity, Arkansas. Sec. 4024. Twentynine Palms, California. reduction. Sec. 5037. Loomis Landing, Arkansas. Sec. 4025. Yucca Valley, California. Sec. 4090. Williamsport, Pennsylvania. Sec. 5038. St. Francis River Basin, Arkansas Sec. 4026. Boulder Creek, Boulder, Colorado. Sec. 4091. Yardley Borough, Pennsylvania. and Missouri. Sec. 4027. Roaring Fork River, Basalt, Colo- Sec. 4092. Rio Valenciano, Juncos, Puerto Rico. Sec. 5039. White River basin, Arkansas. rado. Sec. 4093. Crooked Creek, Bennettsville, South Sec. 5040. Cambria, California. Sec. 4028. Delaware and Christina Rivers and Carolina. Sec. 5041. Contra Costa Canal, Oakley and Shellpot Creek, Wilmington, Dela- Sec. 4094. Broad River, York County, South Knightsen, California; Mallard ware. Carolina. Slough, Pittsburg, California.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 6343 E:\CR\FM\A14JY7.043 H14PT1 H5826 CONGRESSIONAL RECORD — HOUSE July 14, 2005 Sec. 5042. Dana Point Harbor, California. Sec. 5103. Stanly County, North Carolina. TITLE I—WATER RESOURCES PROJECTS Sec. 5043. East San Joaquin County, California. Sec. 5104. W. Kerr Scott Dam and Reservoir, SEC. 1001. PROJECT AUTHORIZATIONS. Sec. 5044. Eastern Santa Clara Basin, Cali- North Carolina. Except as otherwise provided in this section, fornia. Sec. 5105. Ohio. the following projects for water resources devel- Sec. 5045. Pine Flat Dam and Reservoir, Cali- Sec. 5106. Toussaint River, Ohio. opment and conservation and other purposes Sec. 5107. Eugene, Oregon. fornia. are authorized to be carried out by the Secretary Sec. 5108. John Day Lock and Dam, Lake Sec. 5046. Sacramento deep water ship channel, substantially in accordance with the plans, and Umatilla, Oregon and Wash- California. subject to the conditions, described in the re- ington. Sec. 5047. San Francisco, California. spective reports designated in this section: Sec. 5048. San Francisco, California, waterfront Sec. 5109. Lowell, Oregon. (1) AKUTAN, ALASKA.— area. Sec. 5110. Allegheny County, Pennsylvania. (A) IN GENERAL.—The project for navigation, Sec. 5111. Lehigh River, Lehigh County, Penn- Sec. 5049. Santa Venetia, California. Akutan, Alaska: Report of the Chief of Engi- sylvania. Sec. 5050. Stockton, California. neers dated December 20, 2004, at a total cost of Sec. 5112. Northeast Pennsylvania. Sec. 5051. Victor V. Veysey Dam, California. $19,700,000. Sec. 5052. Whittier, California. Sec. 5113. Upper Susquehanna River Basin, (B) TREATMENT OF CERTAIN DREDGING.—The Sec. 5053. Charles Hervey Townshend Break- Pennsylvania and New York. headlands dredging for the mooring basin shall water, New Haven Harbor, Con- Sec. 5114. Cano Martin Pena, San Juan, Puerto be considered a general navigation feature for necticut. Rico. purposes of estimating the non-Federal share of Sec. 5054. Christina River shipwreck, Delaware. Sec. 5115. Beaufort and Jasper Counties, South the cost of the project. Sec. 5055. Anacostia River, District of Colum- Carolina. (2) HAINES SMALL BOAT HARBOR, HAINES, ALAS- bia, Maryland, and Virginia. Sec. 5116. Fritz Landing, Tennessee. KA.—The project for navigation, Haines Small Sec. 5056. Florida Keys water quality improve- Sec. 5117. J. Percy Priest Dam and Reservoir, Boat Harbor, Haines, Alaska: Report of the ments. Tennessee. Chief of Engineers dated December 20, 2004, at a Sec. 5057. Lake Worth, Florida. Sec. 5118. Town Creek, Lenoir City, Tennessee. total of $12,200,000, with an estimated Federal Sec. 5058. Lake Lanier, Georgia. Sec. 5119. Tennessee River partnership. cost of $9,700,000 and an estimated non-Federal Sec. 5059. Riley Creek Recreation Area, Idaho. Sec. 5120. Upper Mississippi Embayment, Ten- cost of $2,500,000. Sec. 5060. Reconstruction of Illinois flood pro- nessee, Arkansas, and Mississippi. (3) TANQUE VERDE CREEK, ARIZONA.—The tection projects. Sec. 5121. Bosque River watershed, Texas. project for environmental restoration, Tanque Sec. 5061. Kaskaskia River Basin, Illinois, res- Sec. 5122. Dallas Floodway, Dallas, Texas. Verde Creek, Arizona: Report of the Chief of toration. Sec. 5123. Harris County, Texas. Engineers, dated July 22, 2003, at a total cost of Sec. 5062. Floodplain mapping, Little Calumet Sec. 5124. Onion Creek, Texas. $4,978,000, with an estimated Federal cost of River, Chicago, Illinois. Sec. 5125. Dyke Marsh, Fairfax County, Vir- $3,236,000 and an estimated non-Federal cost of Sec. 5063. Natalie Creek, Midlothian and Oak ginia. $1,742,000. Forest, Illinois. Sec. 5126. Eastern Shore and southwest Vir- (4) VA SHILY’ AY AKIMEL, SALT RIVER RESTORA- Sec. 5064. Illinois River basin restoration. ginia. TION, ARIZONA.—The project for ecosystem res- Sec. 5065. Promontory Point, Lake Michigan, Sec. 5127. James River, Virginia. toration, Va Shily’ Ay Akimel, Salt River, Ari- Illinois. Sec. 5128. Baker Bay and Ilwaco Harbor, Sec. 5066. Burns Waterway Harbor, Indiana. Washington. zona: Report of the Chief of Engineers dated Sec. 5067. Calumet region, Indiana. Sec. 5129. Hamilton Island campground, Wash- January 3, 2005, at a total cost of $138,968,000, Sec. 5068. Floodplain mapping, Missouri River, ington. with an estimated Federal cost of $90,129,000 Iowa. Sec. 5130. Puget Island, Washington. and an estimated non-Federal cost of Sec. 5069. Rathbun Lake, Iowa. Sec. 5131. Willapa Bay, Washington. $48,839,000. Sec. 5070. Cumberland River basin, Kentucky. Sec. 5132. Bluestone, West Virginia. (5) HAMILTON CITY, CALIFORNIA.—The project Sec. 5071. Louisville, Kentucky. Sec. 5133. West Virginia and Pennsylvania for flood damage reduction and ecosystem res- Sec. 5072. Mayfield Creek and tributaries, Ken- flood control. toration, Hamilton City, California: Report of tucky. Sec. 5134. Lower Kanawha River Basin, West the Chief of Engineers dated December 22, 2004, Sec. 5073. North Fork, Kentucky River, Virginia. at a total cost of $50,600,000, with an estimated Breathitt County, Kentucky. Sec. 5135. Central West Virginia. Federal cost of $33,000,000 and estimated non- Sec. 5074. Paducah, Kentucky. Sec. 5136. Southern West Virginia. Federal cost of $17,600,000. Sec. 5075. Southern and eastern Kentucky. Sec. 5137. Johnsonville Dam, Johnsonville, Wis- (6) IMPERIAL BEACH, CALIFORNIA.—The project Sec. 5076. Winchester, Kentucky. consin. for storm damage reduction, Imperial Beach, Sec. 5077. Baton Rouge, Louisiana. Sec. 5138. Construction of flood control projects California: Report of the Chief of Engineers, Sec. 5078. Calcasieu Ship Channel, Louisiana. by non-Federal interests. dated December 30, 2003, at a total cost of Sec. 5079. Cross Lake, Shreveport, Louisiana. Sec. 5139. Use of Federal hopper dredge fleet. $11,862,000, with an estimated Federal cost of Sec. 5080. West Baton Rouge Parish, Louisiana. TITLE VI—FLORIDA EVERGLADES $7,592,000 and an estimated non-Federal cost of Sec. 5081. Charlestown, Maryland. Sec. 6001. Hillsboro and Okeechobee Aquifer, $4,270,000, and at an estimated total cost of Sec. 5082. Delmarva Conservation Corridor, Florida. $38,004,000 for periodic beach nourishment over Maryland and Delaware. Sec. 6002. Pilot projects. the 50-year life of the project, with an estimated Sec. 5083. Massachusetts dredged material dis- Sec. 6003. Maximum cost of projects. Federal cost of $19,002,000 and an estimated posal sites. Sec. 6004. Project authorization. non-Federal cost of $19,002,000. Sec. 5084. Ontonagon Harbor, Michigan. Sec. 6005. Credit. (7) MATILIJA DAM, VENTURA COUNTY, CALI- Sec. 5085. St. Clair River and Lake St. Clair, Sec. 6006. Outreach and assistance. FORNIA.—The project for ecosystem restoration, Michigan. Sec. 6007. Critical restoration projects. Matilija Dam and Ventura River Watershed, Sec. 5086. Crookston, Minnesota. Sec. 6008. Deauthorizations. Ventura County, California: Report of the Chief Sec. 5087. Garrison and Kathio Township, Min- Sec. 6009. Modified water delivery. of Engineers dated December 20, 2004, at a total nesota. TITLE VII—LOUISIANA COASTAL AREA cost of $130,335,000, with an estimated Federal cost of $78,973,000 and an estimated non-Federal Sec. 5088. Minneapolis, Minnesota. Sec. 7001. Definitions. cost of $51,362,000. Sec. 5089. Northeastern Minnesota. Sec. 7002. Additional Reports. (8) MIDDLE CREEK, LAKE COUNTY, CALI- Sec. 5090. Harrison, Hancock, and Jackson Sec. 7003. Coastal Louisiana ecosystem protec- FORNIA.—The project for ecosystem restoration Counties, Mississippi. tion and restoration task force. and flood damage reduction, Middle Creek, Sec. 5091. Mississippi River, Missouri, and Illi- Sec. 7004. Investigations. Lake County, California: Report of the Chief of nois. Sec. 7005. Construction. Sec. 5092. St. Louis, Missouri. Sec. 7006. Non-Federal cost share. Engineers dated November 29, 2004, at a total Sec. 5093. Acid Brook, Pompton Lakes, New Sec. 7007. Project justification. cost of $41,793,000, with an estimated Federal Jersey. Sec. 7008. Statutory Construction. cost of $27,256,000 and an estimated non-Federal Sec. 5094. Hackensack Meadowlands area, New cost of $14,537,000. TITLE VIII—UPPER MISSISSIPPI RIVER Jersey. (9) NAPA RIVER SALT MARSH, CALIFORNIA.— AND ILLINOIS WATERWAY SYSTEM Sec. 5095. Central New Mexico, New Mexico. (A) IN GENERAL.—The project for ecosystem Sec. 5096. Atlantic Coast of New York. Sec. 8001. Definitions. restoration, Napa River Salt Marsh, Nap River, Sec. 5097. College Point, New York City, New Sec. 8002. Navigation improvements and res- California: Report of the Chief of Engineers York. toration. dated December 22, 2004, at a total cost of Sec. 5098. Flushing Bay and Creek, New York Sec. 8003. Authorization of construction of $100,500,000, with an estimated Federal cost of City, New York. navigation improvements. $64,000,000 and an estimated non-Federal cost of Sec. 5099. Hudson River, New York. Sec. 8004. Ecosystem restoration authorization. $36,500,000. Sec. 5100. Mount Morris Dam, New York. Sec. 8005. Comparable progress. (B) PROJECT FEATURES.—In carrying out the Sec. 5101. Onondaga Lake, New York. SEC. 2. DEFINITION OF SECRETARY. project, the Secretary shall include construction Sec. 5102. John H. Kerr Dam and Reservoir, In this Act, the term ‘‘Secretary’’ means the of a recycled water pipeline extending from the North Carolina. Secretary of the Army. Sonoma Valley County Sanitation District

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Waste Water Treatment Plant and the Napa (18) SOUTH RIVER, NEW JERSEY.—The project to provide an additional 9,000 acre-feet of stor- Sanitation District Waste Water Treatment for hurricane and storm damage reduction and age capacity at Skookumchuck Dam, Wash- Plant as part of the project and restoration and environmental restoration, South River, New ington, upon a determination by the Secretary enhancement of Salt Ponds 1, 1A, 2, and 3. Jersey: Report of the Chief of Engineers, dated that providing such additional storage capacity (10) SOUTH PLATTE RIVER, DENVER, COLO- July 22, 2003, at a total cost of $112,623,000, with is feasible. RADO.—The project for environmental restora- an estimated Federal cost of $73,205,000 and an SEC. 1002. SMALL PROJECTS FOR FLOOD DAMAGE tion Denver County Reach, South Platte River, estimated non-Federal cost of $39,418,000. REDUCTION. Denver, Colorado: Report of the Chief of Engi- (19) SOUTHWEST VALLEY, ALBUQUERQUE, NEW (a) IN GENERAL.—The Secretary shall conduct neers, dated May 16, 2003, at a total cost of MEXICO.—The project for flood damage reduc- a study for each of the following projects and, $18,824,000, with an estimated Federal cost of tion, Southwest Valley, Albuquerque, New Mex- if the Secretary determines that a project is fea- $12,236,000 and an estimated non-Federal cost of ico: Report of the Chief of Engineers dated No- sible, may carry out the project under section $6,588,000. vember 29, 2004, at a total cost of $19,494,000, 205 of the Flood Control Act of 1948 (33 U.S.C. (11) MIAMI HARBOR, MIAMI-DADE COUNTY, with an estimated Federal cost of $12,671,000 701s): FLORIDA.— and an estimated non-Federal cost of $6,823,000. (1) HALEYVILLE, ALABAMA.—Project for flood (A) IN GENERAL.—The project for navigation, (20) CORPUS CHRISTI SHIP CHANNEL, CORPUS damage reduction, Haleyville, Alabama. Miami Harbor, Miami-Dade County, Florida: CHRISTI, TEXAS.—The project for navigation and (2) WEISS LAKE, ALABAMA.—Project for flood Report of the Chief of Engineers dated April 25, environmental restoration, Corpus Christi Ship damage reduction, Weiss Lake, Alabama. 2005, at a total cost of $121,127,000, with an esti- Channel, Texas, Channel Improvement Project: (3) CHINO VALLEY WASH, ARIZONA.—Project for mated Federal cost of $64,843,000 and an esti- Report of the Chief of Engineers dated June 2, flood damage reduction, Chino Valley Wash, mated non-Federal cost of $56,284,000. 2003, at a total cost of $172,940,000, with an esti- Arizona. (B) GENERAL REEVALUATION REPORT.—The mated Federal cost of $80,086,000 and an esti- (4) LITTLE COLORADO RIVER LEVEE, ARIZONA.— non-Federal share of the cost of the general re- mated non-Federal cost of $92,823,000. Project for flood damage reduction, Little Colo- evaluation report that resulted in the report of (21) GULF INTRACOASTAL WATERWAY, HIGH IS- rado River Levee, Arizona. the Chief of Engineers referred to in subpara- LAND TO BRAZOS RIVER, TEXAS.—The project for (5) CACHE RIVER BASIN, GRUBBS, ARKANSAS.— graph (A) shall be the same percentage as the navigation, Gulf Intracoastal Waterway, Sabine Project for flood damage reduction, Cache River non-Federal share of cost of construction of the River to Corpus Christi, Texas: Report of the Basin, Grubbs, Arkansas. project. Chief of Engineers, dated April 16, 2004, at a (6) BARREL SPRINGS WASH, PALMDALE, CALI- (C) AGREEMENT.—The Secretary shall enter FORNIA.—Project for flood damage reduction, into a new partnership with the non-Federal in- total cost of $13,104,000. The costs of construc- tion of the project are to be paid 1⁄2 from Barrel Springs Wash, Palmdale, California. terest to reflect the cost sharing required by sub- (7) BORREGO SPRINGS, CALIFORNIA.—Project paragraph (B). amounts appropriated from the general fund of 1 for flood damage reduction, Borrego Springs, (12) EAST ST. LOUIS AND VICINITY, ILLINOIS.— the Treasury and ⁄2 from amounts appropriated from the Inland Waterways Trust Fund. California. The project for ecosystem restoration, East St. (8) COLTON, CALIFORNIA.—Project for flood Louis and vicinity, Illinois: Report of the Chief (22) MATAGORDA BAY, TEXAS.—The project for navigation, Gulf Intracoastal Waterway, Brazos damage reduction, Colton, California. of Engineers dated December 22, 2004, at a total (9) DUNLAP STREAM, SAN BERNARDINO, CALI- River to Port O’Connor, Matagorda Bay Re- cost of $191,158,000, with an estimated Federal FORNIA.—Project for flood damage reduction, Route, Texas: Report of the Chief of Engineers, cost of $123,807,000 and an estimated non-Fed- Dunlap Stream, San Bernardino, California. dated December 24, 2002, at a total cost of eral cost of $67,351,000. (10) HUNTS CANYON WASH, PALMDALE, CALI- $15,960,000. The costs of construction of the (13) PEORIA RIVERFRONT, ILLINOIS.—The FORNIA.—Project for flood damage reduction, project are to be paid 1⁄2 from amounts appro- project for environmental restoration, Peoria Hunts Canyon Wash, Palmdale, California. priated from the general fund of the Treasury Riverfront, Illinois: Report of the Chief of Engi- (11) WILDWOOD CREEK, YUCAIPA, CALI- and 1⁄2 from amounts appropriated from the In- neers, dated July 28, 2003, at a total cost of FORNIA.—Project for flood damage reduction, $16,000,000, with an estimated Federal cost of land Waterways Trust Fund. Wildwood Creek, Yucaipa, California. (23) RIVERSIDE OXBOW, FORT WORTH, TEXAS.— $10,400,000 and an estimated non-Federal cost of (12) UTICA AND VICINITY, ILLINOIS.—Project (A) IN GENERAL.—The project for environ- $5,600,000. for flood damage reduction, Utica and vicinity, mental restoration, Riverside Oxbow, Fort (14) BAYOU SORREL LOCK, LOUISIANA.—The Illinois. Worth, Texas: Report of the Chief of Engineers project for navigation, Bayou Sorrel Lock, Lou- (13) DES MOINES AND RACCOON RIVERS, IOWA.— isiana: Report of the Chief of Engineers dated dated May 29, 2003, at a total cost of $25,200,000, Project for flood damage reduction, Des Moines January 3, 2005, at a total cost of $9,000,000. The with an estimated Federal cost of $10,400,000 and Raccoon Rivers, Iowa. costs of construction of the project shall be paid and an estimated non-Federal cost of (14) PEABODY, MASSACHUSETTS.—Project for 1⁄2 from amounts appropriated from the general $14,800,000. flood damage reduction, Peabody, Massachu- fund of the Treasury and 1⁄2 from amounts ap- (B) CREDIT.—The Secretary shall credit to- setts. propriated from the Inland Waterways Trust ward the non-Federal share of the cost of the (15) SALEM, MASSACHUSETTS.—Project for Fund. project the cost of design and construction work flood damage reduction, Salem, Massachusetts. (15) MORGANZA TO THE GULF OF MEXICO, LOU- carried out on the Beach Street Dam and associ- (16) CASS RIVER, MICHIGAN.—Project for flood ISIANA.— ated features by the non-Federal interest before damage reduction, Cass River, Vassar and vicin- (A) IN GENERAL.—The project for hurricane the date of the partnership agreement for the ity, Michigan. and storm damage reduction, Morganza to the project if the Secretary determines that the work (17) CROW RIVER, ROCKFORD, MINNESOTA.— Gulf of Mexico, Louisiana: Reports of the Chief is integral to the project. Project for flood damage reduction, Crow River, of Engineers, dated August 23, 2002, and July (24) DEEP CREEK, CHESAPEAKE, VIRGINIA.—The Rockford, Minnesota. 22, 2003, at a total cost of $788,000,000 with an project for the Atlantic Intracoastal Waterway (18) ITASCA COUNTY, MINNESOTA.—Project for estimated Federal cost of $512,200,000 and an es- Bridge Replacement, Deep Creek, Chesapeake, flood damage reduction, Trout Lake and timated non-Federal cost of $275,800,000. Virginia: Report of the Chief of Engineers, Canisteo Pit, Itasca County, Minnesota. (B) CREDIT.—The Secretary shall credit to- dated March 3, 2003, at a Federal cost of (19) MARSH CREEK, MINNESOTA.—Project for ward the non-Federal share of the cost of the $35,573,000. flood damage reduction, Marsh Creek, Min- project the cost of design and construction work (25) CHEHALIS RIVER, CENTRALIA, WASH- nesota. carried out by the non-Federal interest before INGTON.— (20) ROSEAU RIVER, ROSEAU, MINNESOTA.— the date of the partnership agreement for the (A) IN GENERAL.—The project for flood dam- Project for flood damage reduction, Roseau project if the Secretary determines that the work age reduction, Chehalis River, Centralia, Wash- River, Roseau, Minnesota. is integral to the project. ington: Report of the Chief of Engineers dated (21) SOUTH BRANCH OF THE WILD RICE RIVER, (16) SWOPE PARK INDUSTRIAL AREA, MIS- September 27, 2004, at a total cost of BORUP, MINNESOTA.—Project for flood damage SOURI.—The project for flood damage reduction, $109,850,000, with an estimated Federal cost of reduction, South Branch of the Wild Rice River, Swope Park Industrial Area, Missouri: Report of $66,425,000 and an estimated non-Federal cost of Borup, Minnesota. the Chief of Engineers, dated December 30, 2003, $43,425,000. (22) BLACKSNAKE CREEK, ST. JOSEPH, MIS- at a total cost of $15,683,000, with an estimated (B) CREDIT.—The Secretary shall— SOURI.—Project for flood damage reduction, Federal cost of $10,194,000 and an estimated (i) credit up to $6,500,000 toward the non-Fed- Blacksnake Creek, St. Joseph, Missouri. non-Federal cost of $5,489,000. eral share of the cost of the project for the cost (23) CANNISTEO RIVER, ADDISON, NEW YORK.— (17) MANASQUAN TO BARNEGAT INLET, NEW JER- of planning and design work carried out by the Project for flood damage reduction, Cannisteo SEY.—The project for hurricane and storm dam- non-Federal interest in accordance with the River, Addison, New York. age reduction, Manasquan to Barnegat Inlet, project study plan dated November 28, 1999; and (24) COHOCTON RIVER, CAMPBELL, NEW YORK.— New Jersey: Report of the Chief of Engineers (ii) credit toward the non-Federal share of the Project for flood damage reduction, Cohocton dated December 30, 2003, at a total cost of cost of the project the cost of design and con- River, Campbell, New York. $65,800,000, with an estimated Federal cost of struction work carried out by the non-Federal (25) EAST RIVER, SILVER BEACH, NEW YORK $42,800,000 and an estimated non-Federal cost of interest before the date of the partnership agree- CITY, NEW YORK.—Project for flood damage re- $23,000,000, and at an estimated total cost of ment for the project if the Secretary determines duction, East River, Silver Beach, New York $108,000,000 for periodic beach nourishment over that the work is integral to the project. City, New York. the 50-year life of the project, with an estimated (C) ADDITIONAL FLOOD STORAGE AT (26) EAST VALLEY CREEK, ANDOVER, NEW Federal cost of $54,000,000 and an estimated SKOOKUMCHUCK DAM.—The Secretary shall inte- YORK.—Project for flood damage reduction, East non-Federal cost of $54,000,000. grate into the project the locally preferred plan Valley Creek, Andover, New York.

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(27) SUNNYSIDE BROOK, WESTCHESTER COUNTY, streambank protection, Ouachita and Black Basin, Cape Cod Canal, Sandwich, Massachu- NEW YORK.—Project for flood damage reduction, Rivers, Arkansas and Louisiana. setts. Sunnyside Brook, Westchester County, New (2) FRANKLIN POINT PARK, ANNE ARUNDEL (9) LYNN HARBOR, LYNN, MASSACHUSETTS.— York. COUNTY, MARYLAND.—Project for emergency Project for navigation, Lynn Harbor, Lynn, (28) LITTLE YANKEE RUN, OHIO.—Project for streambank protection, Franklin Point Park, Massachusetts. flood damage reduction, Little Yankee Run, Anne Arundel County, Maryland. (10) MERRIMACK RIVER, HAVERHILL, MASSA- Ohio. (3) MAYO BEACH PARK, ANNE ARUNDEL COUN- CHUSETTS.—Project for navigation, Merrimack (29) LITTLE NESHAMINY CREEK, WARRENTON, TY, MARYLAND.—Project for emergency River, Haverhill, Massachusetts. PENNSYLVANIA.—Project for flood damage reduc- streambank protection, Mayo Beach Park, Anne (11) OAK BLUFFS HARBOR, OAK BLUFFS, MASSA- tion, Little Neshaminy Creek, Warrenton, Penn- Arundel County, Maryland. CHUSETTS.—Project for navigation, Oak Bluffs sylvania. (4) PINEY POINT LIGHTHOUSE, ST. MARY’S Harbor, Oak Bluffs, Massachusetts. (30) SOUTHAMPTON CREEK WATERSHED, SOUTH- COUNTY, MARYLAND.—Project for emergency (12) WOODS HOLE GREAT HARBOR, FALMOUTH, AMPTON, PENNSYLVANIA.—Project for flood dam- streambank protection, Piney Point Lighthouse, MASSACHUSETTS.—Project for navigation, Woods age reduction, Southampton Creek watershed, St. Mary’s County, Maryland. Hole Great Harbor, Falmouth, Massachusetts. Southampton, Pennsylvania. (13) AU SABLE RIVER, MICHIGAN.—Project for (5) ST. JOSEPH HARBOR, MICHIGAN.—Project for (31) SPRING CREEK, LOWER MACUNGIE TOWN- navigation, Au Sable River in the vicinity of emergency streambank protection, St. Joseph SHIP, PENNSYLVANIA.—Project for flood damage Oscoda, Michigan. Harbor, Michigan. reduction, Spring Creek, Lower Macungie (14) TRAVERSE CITY HARBOR, TRAVERSE CITY, (6) PUG HOLE LAKE, MINNESOTA.—Project for Township, Pennsylvania. MICHIGAN.—Project for navigation, Traverse emergency streambank protection, Pug Hole (32) YARDLEY AQUEDUCT, SILVER AND BROCK City Harbor, Traverse City, Michigan. Lake, Minnesota. CREEKS, YARDLEY, PENNSYLVANIA.—Project for (b) SPECIAL RULES.— flood damage reduction, Yardley Aqueduct, Sil- (7) MIDDLE FORK GRAND RIVER, GENTRY COUN- (1) BLYTHEVILLE COUNTY HARBOR, ARKAN- ver and Brock Creeks, Yardley, Pennsylvania. TY, MISSOURI.—Project for emergency SAS.—The Secretary shall carry out the project (33) SURFSIDE BEACH, SOUTH CAROLINA.— streambank protection, Middle Fork Grand for navigation, Blytheville County Harbor, Ar- Project for flood damage reduction, Surfside River, Gentry County, Missouri. kansas, referred to in subsection (a)(1) if the Beach and vicinity, South Carolina. (8) PLATTE RIVER, PLATTE CITY, MISSOURI.— Secretary determines that the project is feasible. (34) CONGELOSI DITCH, MISSOURI CITY, Project for emergency streambank protection, (2) TRAVERSE CITY HARBOR, TRAVERSE CITY, TEXAS.—Project for flood damage reduction, Platte River, Platte City, Missouri. MICHIGAN.—The Secretary shall review the lo- Congelosi Ditch, Missouri City, Texas. (9) RUSH CREEK, PARKVILLE, MISSOURI.— cally prepared plan for the project for naviga- (35) DILLEY, TEXAS.—Project for flood damage Project for emergency streambank protection, tion, Traverse City Harbor, Michigan, referred reduction, Dilley, Texas. Rush Creek, Parkville, Missouri, including to in subsection (a)(14), and, if the Secretary de- (b) SPECIAL RULES.— measures to address degradation of the creek termines that the plan meets the evaluation and (1) CACHE RIVER BASIN, GRUBBS, ARKANSAS.— bed. design standards of the Corps of Engineers and The Secretary may proceed with the project for (10) KEUKA LAKE, HAMMONDSPORT, NEW that the plan is feasible, the Secretary may use the Cache River Basin, Grubbs, Arkansas, re- YORK.—Project for emergency streambank pro- the plan to carry out the project and shall pro- ferred to in subsection (a)(5), notwithstanding tection, Keuka Lake, Hammondsport, New York. vide credit toward the non-Federal share of the that the project is located within the boundaries (11) KOWAWESE UNIQUE AREA AND HUDSON cost of the project for the cost of work carried of the flood control project, Cache River Basin, RIVER, NEW WINDSOR, NEW YORK.—Project for out by the non-Federal interest before the date Arkansas and Missouri, authorized by section emergency streambank protection, Kowawese of the partnership agreement for the project if 204 of the Flood Control Act of 1950, (64 Stat. Unique Area and Hudson River, New Windsor, the Secretary determines that the work is inte- 172) and modified by section 99 of the Water Re- New York. gral to the project. sources Development Act of 1974 (88 Stat. 41). (12) HOWARD ROAD OUTFALL, SHELBY COUNTY, SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT (2) WILDWOOD CREEK, YUCAIPA, CALIFORNIA.— TENNESSEE.—Project for emergency streambank OF THE QUALITY OF THE ENVIRON- The Secretary shall review the locally prepared protection, Howard Road outfall, Shelby Coun- MENT. plan for the project for flood damage, Wildwood ty, Tennessee. The Secretary shall conduct a study for each Creek, California, referred to in subsection (13) MITCH FARM DITCH AND LATERAL D, SHEL- of the following projects and, if the Secretary (a)(11) and, if the Secretary determines that the BY COUNTY, TENNESSEE.—Project for emergency determines that a project is appropriate, may plan meets the evaluation and design standards streambank protection, Mitch Farm Ditch and carry out the project under section 1135 of the of the Corps of Engineers and that the plan is Lateral D, Shelby County, Tennessee. Water Resources Development Act of 1986 (33 feasible, the Secretary may use the plan to carry (14) WOLF RIVER TRIBUTARIES, SHELBY COUN- U.S.C. 2309a): out the project and shall provide credit toward TY, TENNESSEE.—Project for emergency (1) BALLONA CREEK, LOS ANGELES COUNTY, the non-Federal share of the cost of the project streambank protection, Wolf River tributaries, CALIFORNIA.—Project for improvement of the for the cost of work carried out by the non-Fed- Shelby County, Tennessee. quality of the environment, Ballona Creek, Los eral interest before the date of the partnership (15) JOHNSON CREEK, ARLINGTON, TEXAS.— Angeles County, California. agreement for the project if the Secretary deter- Project for emergency streambank protection, (2) BALLONA LAGOON TIDE GATES, MARINA DEL mines that the work is integral to the project. Johnson Creek, Arlington, Texas. REY, CALIFORNIA.—Project for improvement of ORUP MINNESOTA (3) B , .—In carrying out the (16) WELLS RIVER, NEWBURY, VERMONT.— the quality of the environment, Ballona Lagoon project for flood damage reduction, South Project for emergency streambank protection, Tide Gates, Marina Del Rey, California. Branch of the Wild Rice River, Borup, Min- Wells River, Newbury, Vermont. (3) RATHBUN LAKE, IOWA.—Project for im- nesota, referred to in subsection (a)(21) the Sec- SEC. 1004. SMALL PROJECTS FOR NAVIGATION. provement of the quality of the environment, retary may consider national ecosystem restora- Rathbun Lake, Iowa. (a) IN GENERAL.—The Secretary shall conduct tion benefits in determining the Federal interest (4) SMITHVILLE LAKE, MISSOURI.—Project for in the project and shall allow the non-Federal a study for each of the following projects and, improvement of the quality of the environment, interest to participate in the financing of the if the Secretary determines that a project is fea- Smithville Lake, Missouri. project in accordance with section 903(c) of the sible, may carry out the project under section (5) DELAWARE BAY, NEW JERSEY AND DELA- Water Resources Development Act of 1986 (100 107 of the River and Harbor Act of 1960 (33 WARE.—Project for improvement of the quality Stat. 4184) to the extent that the Secretary’s U.S.C. 577): of the environment, Delaware Bay, New Jersey evaluation indicates that applying such section (1) BLYTHEVILLE COUNTY HARBOR, ARKAN- and Delaware, for the purpose of oyster restora- is necessary to implement the project. SAS.—Project for navigation, Blytheville County tion. (4) ITASCA COUNTY, MINNESOTA.—In carrying Harbor, Arkansas. (6) TIOGA-HAMMOND LAKES, PENNSYLVANIA.— out the project for flood damage reduction, (2) MAHUKONA BEACH PARK, HAWAII.—Project Project for improvement of the quality of the en- Itasca County, Minnesota, referred to in sub- for navigation, Mahukona Beach Park, Hawaii. vironment, Tioga-Hammond Lakes, Pennsyl- section (a)(18) the Secretary may consider na- (3) NORTH KOHALA HARBOR, HAWAII.—Project vania. tional ecosystem restoration benefits in deter- for navigation, North Kohala Harbor in the vi- SEC. 1006. SMALL PROJECTS FOR AQUATIC ECO- mining the Federal interest in the project. cinity of Kailua Kona, Hawaii. SYSTEM RESTORATION. (5) DILLEY, TEXAS.—The Secretary shall carry (4) WAILOA SMALL BOAT HARBOR, HAWAII.— The Secretary shall conduct a study for each out the project for flood damage reduction, Project for navigation, Wailoa Small Boat Har- of the following projects and, if the Secretary Dilley, Texas, referred to in subsection (a)(35) if bor, Hawaii. determines that a project is appropriate, may the Secretary determines that the project is fea- (5) MISSISSIPPI RIVER SHIP CHANNEL, LOU- carry out the project under section 206 of the sible. ISIANA.—Project for navigation, Mississippi Water Resources Development Act of 1996 (33 SEC. 1003. SMALL PROJECTS FOR EMERGENCY River Ship Channel, Louisiana. U.S.C. 2330): STREAMBANK PROTECTION. (6) PORT TOBACCO RIVER AND GOOSE CREEK, (1) CYPRESS CREEK, MONTGOMERY, ALABAMA.— The Secretary shall conduct a study for each MARYLAND.—Project for navigation, Port To- Project for aquatic ecosystem restoration, Cy- of the following projects and, if the Secretary bacco River and Goose Creek, Maryland. press Creek, Montgomery, Alabama. determines that a project is feasible, may carry (7) ST. JEROME CREEK, ST. MARY’S COUNTY, (2) BEN LOMOND DAM, SANTA CRUZ, CALI- out the project under section 14 of the Flood MARYLAND.—Project for navigation, St. Jerome FORNIA.—Project for aquatic ecosystem restora- Control Act of 1946 (33 U.S.C. 701r): Creek, St. Mary’s County, Maryland. tion, Ben Lomond Dam, Santa Cruz, California. (1) OUACHITA AND BLACK RIVERS, ARKANSAS (8) EAST BASIN, CAPE COD CANAL, SANDWICH, (3) DOCKWEILER BLUFFS, LOS ANGELES COUN- AND LOUISIANA.—Projects for emergency MASSACHUSETTS.—Project for navigation, East TY, CALIFORNIA.—Project for aquatic ecosystem

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restoration, Dockweiler Bluffs, Los Angeles (28) SAUCON CREEK, NORTHAMPTON COUNTY, (d) APPLICABILITY.—The amendments made by County, California. PENNSYLVANIA.—Project for aquatic ecosystem subsections (a), (b), and (c) shall apply only to (4) SALT RIVER, CALIFORNIA.—Project for restoration, Saucon Creek, Northampton Coun- a project, or separable element of a project, on aquatic ecosystem restoration, Salt River, Cali- ty, Pennsylvania. which a contract for physical construction has fornia. (29) BLACKSTONE RIVER, RHODE ISLAND.— not been awarded before October 1, 2003. (5) SANTA ROSA CREEK, SANTA ROSA, CALI- Project for aquatic ecosystem restoration, Black- (e) REVISION OF PARTNERSHIP AGREEMENT.— FORNIA.—Project for aquatic ecosystem restora- stone River, Rhode Island. The Secretary shall revise any partnership tion, Santa Rosa Creek in the vicinity of the (30) WILSON BRANCH, CHERAW, SOUTH CARO- agreement entered into after October 1, 2003, for Prince Memorial Greenway, Santa Rosa, Cali- LINA.—Project for aquatic ecosystem restoration, any project to which the amendments made by fornia. Wilson Branch, Cheraw, South Carolina. subsections (a), (b), and (c) apply to take into (6) STOCKTON DEEP WATER SHIP CHANNEL AND (31) WHITE RIVER, BETHEL, VERMONT.—Project account the change in non-Federal participa- LOWER SAN JOAQUIN RIVER, CALIFORNIA.—Project for aquatic ecosystem restoration, White River, tion in the project as a result of such amend- for aquatic ecosystem restoration, Stockton Bethel, Vermont. ments. Deep Water Ship Channel and lower San Joa- SEC. 1007. SMALL PROJECTS FOR SHORELINE SEC. 2003. FUNDING TO PROCESS PERMITS. quin River, California. PROTECTION. Section 214 of the Water Resources Develop- (7) SWEETWATER RESERVOIR, SAN DIEGO COUN- The Secretary shall conduct a study for each ment Act of 2000 (33 U.S.C. 2201 note; 114 Stat. TY, CALIFORNIA.—Project for aquatic ecosystem of the following projects and, if the Secretary 2594; 117 Stat. 1836) is amended— restoration, Sweetwater Reservoir, San Diego determines that a project is feasible, may carry (1) in subsection (a) by striking ‘‘In fiscal County, California, including efforts to address out the project under section 3 of the Act enti- years 2001 through 2005, the’’ and inserting invasive aquatic plant species. tled ‘‘An Act authorizing Federal participation ‘‘The’’; and (8) BAYOU TEXAR, PENSACOLA, FLORIDA.— in the cost of protecting the shores of publicly (2) by adding at the end the following: Project for aquatic ecosystem restoration, Bayou owned property’’, approved August 13, 1946 (33 ‘‘(c) DURATION OF AUTHORITY.—The authority Texar, Pensacola, Florida. U.S.C. 426g): provided under this section shall be in effect (9) BISCAYNE BAY, FLORIDA.—Project for (1) NELSON LAGOON, ALASKA.—Project for from October 1, 2000, through December 31, aquatic ecosystem restoration, Biscayne Bay, shoreline protection, Nelson Lagoon, Alaska. 2007.’’. Key Biscayne, Florida. (2) SANIBEL ISLAND, FLORIDA.—Project for SEC. 2004. NATIONAL SHORELINE EROSION CON- (10) CLAM BAYOU AND DINKINS BAYOU, SANIBEL shoreline protection, Sanibel Island, Florida. TROL DEVELOPMENT AND DEM- ISLAND, FLORIDA.—Project for aquatic ecosystem (3) APRA HARBOR, GUAM.—Project for shore- ONSTRATION PROGRAM. restoration, Clam Bayou and Dinkins Bayou, line protection, Apra Harbor, Guam. (a) EXTENSION OF PROGRAM.—Section 5(a) of Sanibel Island, Florida. (4) PITI, CABRAS ISLAND, GUAM.—Project for the Act entitled ‘‘An Act authorizing Federal (11) DESTIN HARBOR, FLORIDA.—Project for shoreline protection, Piti, Cabras Island, Guam. participation in the cost of protecting the shores (5) NARROWS AND GRAVESEND BAY, UPPER NEW aquatic ecosystem restoration, Destin Harbor, of publicly owned property’’, approved August YORK BAY, BROOKLYN, NEW YORK.—Project for Florida. 13, 1946 (33 U.S.C. 426h(a)), is amended by strik- shoreline protection in the vicinity of the con- (12) CHATTAHOOCHEE FALL LINE, GEORGIA AND ing ‘‘6 years’’ and inserting ‘‘10 years’’. ALABAMA fluence of the Narrows and Gravesend Bay, .—Project for aquatic ecosystem res- (b) EXTENSION OF PLANNING, DESIGN, AND Upper New York Bay, Brooklyn, New York. toration, Chattahoochee Fall Line, Georgia and CONSTRUCTION PHASE.—Section 5(b)(1)(A) of (6) DELAWARE RIVER, PHILADELPHIA NAVAL Alabama. such Act (33 U.S.C. 426h(b)(1)(A)) is amended by (13) LONGWOOD COVE, GAINESVILLE, GEOR- SHIPYARD, PENNSYLVANIA.—Project for shoreline striking ‘‘3 years’’ and inserting ‘‘6 years’’. GIA.—Project for aquatic ecosystem restoration, protection, Delaware River in the vicinity of the (c) COST SHARING; REMOVAL OF PROJECTS.— Longwood Cove, Gainesville, Georgia. Philadelphia Naval Shipyard, Pennsylvania. Section 5(b) of such Act (33 U.S.C. 426h(b)) is (14) CITY PARK, UNIVERSITY LAKES, LOU- (7) PORT ARANSAS, TEXAS.—Project for shore- amended— line protection, Port Aransas, Texas. ISIANA.—Project for aquatic ecosystem restora- (1) by redesignating paragraphs (3) and (4) as tion, City Park, University Lakes, Louisiana. SEC. 1008. SMALL PROJECTS FOR SNAGGING AND paragraphs (5) and (6), respectively; and (15) MILL POND, LITTLETON, MASSACHU- SEDIMENT REMOVAL. (2) by inserting after paragraph (2) the fol- SETTS.—Project for aquatic ecosystem restora- The Secretary shall conduct a study for the lowing: tion, Mill Pond, Littleton, Massachusetts. following project and, if the Secretary deter- ‘‘(3) COST SHARING.—The Secretary may enter (16) PINE TREE BROOK, MILTON, MASSACHU- mines that the project is feasible, the Secretary into a cost sharing agreement with a non-Fed- SETTS.—Project for aquatic ecosystem restora- may carry out the project under section 2 of the eral interest to carry out a project, or a phase tion, Pine Tree Brook, Milton, Massachusetts. Flood Control Act of August 28, 1937 (33 U.S.C. of a project, under the erosion control program (17) KALAMAZOO RIVER WATERSHED, BATTLE 701g): Project for removal of snags and clearing in cooperation with the non-Federal interest. CREEK, MICHIGAN.—Project for aquatic eco- and straightening of channels for flood control, ‘‘(4) REMOVAL OF PROJECTS.—The Secretary system restoration, Kalamazoo River watershed, Kowawese Unique Area and Hudson River, New may pay all or a portion of the costs of removing Battle Creek, Michigan. Windsor, New York. a project, or an element of a project, constructed (18) RUSH LAKE, MINNESOTA.—Project for TITLE II—GENERAL PROVISIONS aquatic ecosystem restoration, Rush Lake, Min- under the erosion control program if the Sec- nesota. SEC. 2001. NON-FEDERAL CONTRIBUTIONS. retary determines during the term of the pro- (19) SOUTH FORK OF THE CROW RIVER, HUTCH- Section 103 of the Water Resources Develop- gram that the project or element is detrimental INSON, MINNESOTA.—Project for aquatic eco- ment Act of 1986 (33 U.S.C. 2213) is amended by to the environment, private property, or public system restoration, South Fork of the Crow adding at the end the following: safety.’’. River, Hutchinson, Minnesota. ‘‘(n) NON-FEDERAL CONTRIBUTIONS.— (d) AUTHORIZATION OF APPROPRIATIONS.—Sec- (20) ST. LOUIS COUNTY, MISSOURI.—Project for ‘‘(1) PROHIBITION ON SOLICITATION OF EXCESS tion 5(e)(2) of such Act (33 U.S.C. 426h(e)(2)) is aquatic ecosystem restoration, St. Louis County, CONTRIBUTIONS.—The Secretary may not solicit amended by striking ‘‘$21,000,000’’ and inserting Missouri. contributions from non-Federal interests for ‘‘$31,000,000’’. (21) TRUCKEE RIVER, RENO, NEVADA.—Project costs of constructing authorized water resources SEC. 2005. SMALL SHORE AND BEACH RESTORA- for aquatic ecosystem restoration, Truckee development projects or measures in excess of TION AND PROTECTION PROJECTS. River, Reno, Nevada, including features for fish the non-Federal share assigned to the appro- Section 3 of the Act entitled ‘‘An Act author- passage. priate project purposes listed in subsections (a), izing Federal participation in the cost of pro- (22) GROVER’S MILL POND, NEW JERSEY.— (b), and (c) or condition Federal participation in tecting the shores of publicly owned property’’, Project for aquatic ecosystem restoration, such projects or measures on the receipt of such approved August 13, 1946 (33 U.S.C. 426g), is Grover’s Mill Pond, New Jersey. contributions. amended by striking ‘‘$3,000,000’’ and inserting (23) DUGWAY CREEK, BRATENAHL, OHIO.— ‘‘(2) LIMITATION ON STATUTORY CONSTRUC- ‘‘$5,000,000’’. Project for aquatic ecosystem restoration, TION.—Nothing in this subsection shall be con- SEC. 2006. WRITTEN AGREEMENT FOR WATER RE- Dugway Creek, Bratenahl, Ohio. strued to affect the Secretary’s authority under SOURCES PROJECTS. (24) JOHNSON CREEK, GRESHAM, OREGON.— section 903(c) of this Act.’’. (a) PARTNERSHIP AGREEMENTS.—Section 221 of Project for aquatic ecosystem restoration, John- SEC. 2002. HARBOR COST SHARING. the Flood Control Act of 1970 (42 U.S.C. 1962d– son Creek, Gresham, Oregon. (a) PAYMENTS DURING CONSTRUCTION.—Sec- 5b) is amended— (25) BEAVER CREEK, BEAVER AND SALEM, PENN- tion 101(a)(1) of the Water Resources Develop- (1) in subsection (a)— SYLVANIA.—Project for aquatic ecosystem res- ment Act of 1986 (33 U.S.C. 2211(a)(1); 100 Stat. (A) by striking ‘‘under the provisions’’ and all toration, Beaver Creek, Beaver and Salem, 4082) is amended in each of subparagraphs (B) that follows through ‘‘under any other’’ and in- Pennsylvania. and (C) by striking ‘‘45 feet’’ and inserting ‘‘53 serting ‘‘under any’’; (26) CEMENTON DAM, LEHIGH RIVER, PENNSYL- feet’’. (B) by striking ‘‘to furnish its required co- VANIA.—Project for aquatic ecosystem restora- (b) OPERATION AND MAINTENANCE.—Section operation for’’ and inserting ‘‘under which each tion, Cementon Dam, Lehigh River, Pennsyl- 101(b)(1) of such Act (33 U.S.C. 2211(b)(1)) is party agrees to carry out its responsibilities and vania. amended by striking ‘‘45 feet’’ and inserting ‘‘53 requirements for implementation or construction (27) DELAWARE RIVER, PHILADELPHIA NAVAL feet’’. of’’; and SHIPYARD, PENNSYLVANIA.—Project for aquatic (c) DEFINITIONS.—Section 214 of such Act (33 (C) by inserting after ‘‘$25,000.’’ the following: ecosystem restoration, Delaware River in the vi- U.S.C. 2241; 100 Stat. 4108) is amended in each ‘‘Such agreement may include a provision for cinity of the Philadelphia Naval Shipyard, of paragraphs (1) and (3) by striking ‘‘45 feet’’ damages in the event of a failure of one or more Pennsylvania. and inserting ‘‘53 feet’’. parties to perform.’’;

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.043 H14PT1 H5830 CONGRESSIONAL RECORD — HOUSE July 14, 2005 (2) by redesignating subsection (e) as sub- (1) the number of partnership agreements form the acquisition, design, construction, man- section (f); and signed by district engineers and the number of agement, or operation of a dredged material (3) by inserting after subsection (d) the fol- partnership agreements signed by the Secretary, processing, treatment, or disposal facility. If ap- lowing: and propriate, the Secretary may combine portions ‘‘(e) LIMITATION.—Nothing in subsection (a) (2) for any partnership agreement signed by of separate construction or maintenance appro- shall be construed as limiting the authority of the Secretary, an explanation of why delegation priations from separate Federal projects with the Secretary to ensure that an agreement under to the district engineer was not appropriate. the appropriate combined cost sharing between this section meets all requirements of law and (g) PUBLIC AVAILABILITY.—Not later than the the various projects when the facility serves to policies of the Secretary in effect on the date of 120th day following the date of enactment of manage dredged material from multiple Federal entry into the agreement.’’. this Act, the Chief of Engineers shall ensure projects located in the geographic region of the (b) LOCAL COOPERATION.—Section 912(b) of that each district engineer has made available facility. the Water Resources Development Act of 1986 on the Internet all partnership agreements en- ‘‘(2) PUBLIC FINANCING.— (101 Stat. 4190) is amended— tered into under section 221 of the Flood Control ‘‘(A) AGREEMENTS.— (1) in paragraph (2)— Act of 1970 (42 U.S.C. 1962d–5(b)) within the pre- ‘‘(i) SPECIFIED FEDERAL FUNDING SOURCES AND (A) by striking ‘‘shall’’ the first place it ap- ceding 10 years and all partnership agreements COST SHARING.—The cost-sharing agreement pears and inserting ‘‘may’’; and for water resources development projects cur- used shall clearly specify the Federal funding (B) by striking the last sentence; and rently being carried out in that district and sources and combined cost sharing when appli- (2) in paragraph (4)— shall make any partnership agreements entered cable to multiple Federal navigation projects (A) by inserting after ‘‘injunction, for’’ the into after such date of enactment available on and the responsibilities and risks of each of the following: ‘‘payment of damages or, for’’; the Internet within 7 days of the date on which parties related to present and future dredged (B) by striking ‘‘to collect a civil penalty im- such agreement is entered into. material managed by the facility. posed under this section,’’; and ‘‘(ii) MANAGEMENT OF SEDIMENTS.—The cost- SEC. 2007. ASSISTANCE FOR REMEDIATION, RES- (C) by striking ‘‘any civil penalty imposed sharing agreement may include the management TORATION, AND REUSE. of sediments from the maintenance dredging of under this section,’’ and inserting ‘‘any dam- (a) IN GENERAL.—The Secretary may provide ages,’’. Federal navigation projects that do not have to State and local governments assessment, partnership agreements. The cost-sharing agree- (c) APPLICABILITY.—The amendments made by planning, and design assistance for remediation, subsections (a) and (b) only apply to partner- ment may allow the non-Federal sponsor to re- environmental restoration, or reuse of areas lo- ceive reimbursable payments from the Federal ship agreements entered into after the date of cated within the boundaries of such State or enactment of this Act; except that at the request Government for commitments made by the spon- local governments where such remediation, envi- sor for disposal or placement capacity at of a non-Federal interest for a project, the dis- ronmental restoration, or reuse will contribute trict engineer for the district in which the dredged material treatment, processing, con- to the improvement of water quality or the con- taminant reduction, or disposal facilities. project is located may amend a project partner- servation of water and related resources of ship agreement entered into on or before such ‘‘(iii) CREDIT.—The cost-sharing agreement drainage basins and watersheds within the may allow costs incurred prior to execution of a date and under which construction on the United States. partnership agreement for construction or the project has not been initiated as of such date of (b) NON-FEDERAL SHARE.—The non-Federal purchase of equipment or capacity for the enactment for the purpose of incorporating such share of the cost of assistance provided under project to be credited according to existing cost- amendments. subsection (a) shall be 50 percent. sharing rules. (d) PARTNERSHIP AND COOPERATIVE ARRANGE- (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) CREDIT.—Nothing in this subsection su- MENTS.— There is authorized to be appropriated to carry persedes or modifies existing agreements between (1) IN GENERAL.—A goal of agreements entered out this section $30,000,000 for each of fiscal the Federal Government and any non-Federal into under section 221 of the Flood Control Act years 2006 through 2010. sponsors for the cost sharing, construction, and of 1970 (42 U.S.C. 1962d–5(b)) shall be to further SEC. 2008. COMPILATION OF LAWS. operation and maintenance of Federal naviga- partnership and cooperative arrangements, and tion projects. Subject to the approval of the Sec- the agreements shall be referred to as ‘‘partner- Within one year after the date of enactment of this Act, the laws of the United States relating retary and in accordance with existing laws, ship agreements’’. regulations, and policies, a non-Federal public (2) REFERENCES TO COOPERATION AGREE- to the improvement of rivers and harbors, flood control, beach erosion, and other water re- sponsor of a Federal navigation project may MENTS.—Any reference in a law, regulation, seek credit for funds provided in the acquisition, document, or other paper of the United States to sources development enacted after November 8, 1966, and before January 1, 2006, shall be com- design, construction, management, or operation a cooperation agreement or project cooperation of a dredged material processing, treatment, or agreement shall be considered to be a reference piled under the direction of the Secretary and the Chief of Engineers and printed for the use disposal facility to the extent the facility is used to a partnership agreement or a project partner- to manage dredged material from the Federal ship agreement, respectively. of the Department of the Army, Congress, and the general public. The Secretary shall reprint navigation project. The non-Federal sponsor (3) REFERENCES TO PARTNERSHIP AGREE- shall be responsible for providing all necessary MENTS.—Any reference to a partnership agree- the volumes containing such laws enacted be- fore November 8, 1966. In addition, the Secretary lands, easements, rights-of-way, or relocations ment or project partnership agreement in this associated with the facility and shall receive Act (other than this section) shall be considered shall include an index in each volume so com- piled or reprinted. Not later than December 1, credit for these items.’’; and as a reference to a cooperation agreement or a (3) in each of subsections (d)(1) and (d)(2)(A), 2006, the Secretary shall transmit at least 25 project cooperation agreement, respectively. as so redesignated— (e) DELEGATION OF AUTHORITY.—Not later copies of each such volume to the Committee on (A) by inserting ‘‘and maintenance’’ after than September 30, 2006, the Secretary shall Transportation and Infrastructure of the House ‘‘operation’’; and issue policies and guidelines for partnership of Representatives and the Committee on Envi- (B) by inserting ‘‘processing, treatment, or’’ agreements that delegate to the district engi- ronment and Public Works of the Senate. The after ‘‘dredged material’’ the first place it ap- neers, at a minimum— Secretary shall also ensure that such compila- pears. (1) the authority to approve any policy in a tions are available through electronic means, in- SEC. 2010. WETLANDS MITIGATION. partnership agreement that has appeared in an cluding the Internet. In carrying out a water resources project that agreement previously approved by the Secretary; SEC. 2009. DREDGED MATERIAL DISPOSAL. involves wetlands mitigation and that has im- (2) the authority to approve any policy in a Section 217 of the Water Resources Develop- pacts that occur within the service area of a partnership agreement the specific terms of ment Act of 1996 (33 U.S.C. 2326a; 110 Stat. 3694– mitigation bank, the Secretary, to the maximum which are dictated by law, or by a final feasi- 3696) is amended— extent practicable and where appropriate, shall bility study, final environmental impact state- (1) by redesignating subsection (c) as sub- give preference to the use of the mitigation bank ment, or other final decision document for a section (d); if the bank contains sufficient available credits water resources development project; (2) by inserting after subsection (b) the fol- to offset the impact and the bank is approved in (3) the authority to approve any partnership lowing: accordance with the Federal Guidance for the agreement that complies with the policies and ‘‘(c) GOVERNMENTAL PARTNERSHIPS.— Establishment, Use and Operation of Mitigation guidelines issued by the Secretary; and ‘‘(1) IN GENERAL.—The Secretary may enter Banks (60 Fed. Reg. 58605) or other applicable (4) the authority to sign any partnership into cost sharing agreements with one or more Federal law (including regulations). agreement for any water resources development non-Federal public interests with respect to a SEC. 2011. REMOTE AND SUBSISTENCE HARBORS. project unless, within 30 days of the date of au- project, or group of projects within a geographic (a) IN GENERAL.—In conducting a study of thorization of the project, the Secretary notifies region if appropriate, for the acquisition, de- harbor and navigation improvements, the Sec- the district engineer in which the project will be sign, construction, management, or operation of retary may recommend a project without the carried out that the Secretary wishes to retain a dredged material processing, treatment, con- need to demonstrate that the project is justified the prerogative to sign the partnership agree- taminant reduction, or disposal facility (includ- solely by national economic development bene- ment for that project. ing any facility used to demonstrate potential fits if the Secretary determines that— (f) REPORT TO CONGRESS.—Not later than 2 beneficial uses of dredged material, which may (1)(A) the community to be served by the years after the date of enactment of this Act, include effective sediment contaminant reduc- project is at least 70 miles from the nearest sur- and every year thereafter, the Secretary shall tion technologies) using funds provided in whole face accessible commercial port and has no di- submit to Congress a report detailing the fol- or in part by the Federal Government. One or rect rail or highway link to another community lowing: more of the parties of the agreement may per- served by a surface accessible port or harbor; or

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.043 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5831 (B) the project would be located in the Com- U.S.C. 1962d–5b), for any project carried out title 18, United States Code, and including lands monwealth of Puerto Rico, Guam, the Common- under this section, a non-Federal interest may that are within the jurisdictional area of an wealth of the Northern Mariana Islands, or include a nonprofit entity, with the consent of Oklahoma Indian tribe, as determined by the American Samoa; the affected local government. Secretary of the Interior, and are recognized by (2) the harbor is economically critical such ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— the Secretary of the Interior as eligible for trust that over 80 percent of the goods transported There is authorized to be appropriated land status under part 151 of title 25, Code of through the harbor would be consumed within $30,000,000 annually for projects under this sec- Federal Regulations) or on land in the State of the community served by the harbor and navi- tion of which not more than $3,000,000 annually Alaska owned by an Alaska Native Regional gation improvement; and may be used for construction of projects de- Corporation or an Alaska Native Village Cor- (3) the long-term viability of the community scribed in subsection (e). Such sums shall re- poration (as those terms are defined in the Alas- would be threatened without the harbor and main available until expended. ka Native Claims Settlement Act (43 U.S.C. 1601 navigation improvement. ‘‘(j) REGIONAL SEDIMENT MANAGEMENT PLAN- et seq.)) or the Metlakatla Indian community. (b) JUSTIFICATION.—In considering whether to NING.—In consultation with appropriate State ‘‘(b) USE OF FUNDS.—The non-Federal interest recommend a project under subsection (a), the and Federal agencies, the Secretary may de- for a study or project for an area described in Secretary shall consider the benefits of the velop, at Federal expense, plans for regional subsection (a) may use, and the Secretary shall project to— management of sediment obtained in conjunc- accept, funds provided under any other Federal (1) public health and safety of the local com- program, to satisfy, in whole or in part, the munity, including access to facilities designed to tion with the construction, operation, or mainte- non-Federal share of such study or project if protect public health and safety; nance of water resources projects, including po- (2) access to natural resources for subsistence tential beneficial uses of sediment for construc- such funds are authorized to be used to carry purposes; tion, repair, or rehabilitation of public projects out such study or project.’’. (3) local and regional economic opportunities; for navigation, flood damage reduction, hydro- SEC. 2014. REVISION OF PROJECT PARTNERSHIP (4) welfare of the local population; and electric power, municipal and industrial water AGREEMENT. (5) social and cultural value to the commu- supply, agricultural water supply, recreation, Upon authorization by law of an increase in nity. hurricane and storm damage reduction, aquatic the maximum amount of Federal funds that may SEC. 2012. BENEFICIAL USES OF DREDGED MATE- plant control, and environmental protection and be allocated for a project or an increase in the RIAL. restoration. total cost of a project authorized to be carried (a) IN GENERAL.—Section 204 of the Water Re- ‘‘(k) USE OF FUNDS.— out by the Secretary, the Secretary shall revise sources Development Act of 1992 (33 U.S.C. 2326) ‘‘(1) NON-FEDERAL INTEREST.—The non-Fed- the project partnership agreement for the project is amended by striking subsections (c) through eral interest for a project described in this sec- to take into account the change in Federal par- (g) and inserting the following: tion may use, and the Secretary shall accept, ticipation in the project. ‘‘(c) IN GENERAL.—The Secretary may carry funds provided under any other Federal pro- SEC. 2015. COST SHARING. out projects to transport and place sediment ob- gram, to satisfy, in whole or in part, the non- An increase in the maximum amount of Fed- tained in connection with the construction, op- Federal share of the cost of such project if such eral funds that may be allocated for a project or eration, or maintenance of an authorized water funds are authorized to be used to carry out an increase in the total cost of a project author- resources project at locations selected by a non- such project. ized to be carried out by the Secretary shall not Federal entity for use in the construction, re- ‘‘(2) OTHER FEDERAL AGENCIES.—The non- affect any cost-sharing requirement applicable pair, or rehabilitation of projects determined by Federal share of the cost of construction of a to the project under title I of the Water Re- the Secretary to be in the public interest and as- project under this section may be met through sources Development Act of 1986 (33 U.S.C. 2211 sociated with navigation, flood damage reduc- contributions from a Federal agency made di- et seq.). tion, hydroelectric power, municipal and indus- rectly to the Secretary, with the consent of the trial water supply, agricultural water supply, SEC. 2016. CREDIT FOR WORK PERFORMED BE- affected local government, if such funds are au- FORE PARTNERSHIP AGREEMENT. recreation, hurricane and storm damage reduc- thorized to be used to carry out such project. If the Secretary is authorized to credit toward tion, aquatic plant control, and environmental Before initiating a project to which this para- the non-Federal share the cost of work carried protection and restoration. graph applies, the Secretary shall enter into an out by the non-Federal interest before the date ‘‘(d) COOPERATIVE AGREEMENT.—Any project agreement with a non-Federal interest in which undertaken pursuant to this section shall be ini- of the partnership agreement for the project and the non-Federal interest agrees to pay 100 per- such work has not been carried out as of the tiated only after non-Federal interests have en- cent of the cost of operation, maintenance, re- tered into an agreement with the Secretary in date of enactment of this Act, the Secretary placement, and rehabilitation of the project.’’. shall enter into an agreement with the non-Fed- which the non-Federal interests agree to pay (b) REPEAL.— the non-Federal share of the cost of construc- eral interest for the project under which the (1) IN GENERAL.—Section 145 of the Water Re- non-Federal interest shall carry out such work, tion of the project and 100 percent of the cost of sources Development Act of 1976 (33 U.S.C. 426j) operation, maintenance, replacement, and reha- and the credit shall apply only to work carried is repealed. out under the agreement. bilitation of the project in accordance with sec- (2) HOLD HARMLESS.—The repeal made by tion 103 of the Water Resources Development SEC. 2017. RECREATION USER FEE REVENUES. paragraph (1) shall not affect the authority of Section 225 of the Water Resources Develop- Act of 1986 (33 U.S.C. 2213). the Secretary to complete any project being car- ‘‘(e) SPECIAL RULE.—Construction of a project ment Act of 1999 (113 Stat. 297–298) is amended— ried out under such section 145 on the day be- under subsection (a) for one or more of the pur- (1) in subsection (a)(1)— fore the date of enactment of this Act. poses of protection, restoration, or creation of (A) by striking ‘‘During fiscal years 1999 (c) PRIORITY AREAS.—In carrying out section aquatic and ecologically related habitat, the through 2002, the’’ and inserting ‘‘The’’; and 204 of the Water Resources Development Act of cost of which does not exceed $750,000 and (B) by striking ‘‘$34,000,000’’ and inserting 1992 (33 U.S.C. 2326), the Secretary shall give which will be located in a disadvantaged com- ‘‘$42,000,000’’; and priority to the following: munity as determined by the Secretary, may be (2) in subsection (a)(3) by striking ‘‘September (1) A project at Little Rock Slackwater Har- carried out at Federal expense. 30, 2005’’ and inserting ‘‘expended’’. bor, Arkansas. ‘‘(f) DETERMINATION OF CONSTRUCTION SEC. 2018. EXPEDITED ACTIONS FOR EMERGENCY (2) A project at Egmont Key, Florida. COSTS.—Costs associated with construction of a FLOOD DAMAGE REDUCTION. (3) A project in the vicinity of Calcasieu Ship project under this section shall be limited solely The Secretary shall expedite any authorized Channel, Louisiana. to construction costs that are in excess of those planning, design, and construction of any (4) A project in the vicinity of the Smith Point costs necessary to carry out the dredging for project for flood damage reduction for an area Park Pavilion and the TWA Flight 800 Memo- construction, operation, or maintenance of the that, within the preceding 5 years, has been rial, Brookhaven, New York. authorized water resources project in the most subject to flooding that resulted in the loss of (5) A project in the vicinity of Morehead City, cos- effective way, consistent with economic, en- life and caused damage of sufficient severity North Carolina. gineering, and environmental criteria. and magnitude to warrant a declaration of a ‘‘(g) SELECTION OF SEDIMENT DISPOSAL METH- (6) A project in the vicinity of Galveston Bay, major disaster by the President under the Robert OD.—In developing and carrying out a water re- Texas. T. Stafford Disaster and Emergency Relief Act sources project involving the disposal of sedi- SEC. 2013. COST-SHARING PROVISIONS FOR CER- (42 U.S.C. 5121 et seq.). TAIN AREAS. ment, the Secretary may select, with the consent SEC. 2019. WATERSHED AND RIVER BASIN AS- of the non-Federal interest, a disposal method Section 1156 of the Water Resources Develop- SESSMENTS. that is not the least cost option if the Secretary ment Act of 1986 (33 U.S.C. 2310; 100 Stat. 4256) (a) IN GENERAL.—Section 729 of the Water Re- determines that the incremental costs of such is amended to read as follows: sources Development Act of 1986 (33 U.S.C. disposal method are reasonable in relation to ‘‘SEC. 1156. COST-SHARING PROVISIONS FOR CER- 2267a; 114 Stat. 2587–2588; 100 Stat. 4164) is the environmental benefits, including the bene- TAIN AREAS. amended— fits to the aquatic environment to be derived ‘‘(a) IN GENERAL.—The Secretary shall waive (1) in subsection (d)— from the creation of wetlands and control of local cost-sharing requirements up to $500,000 (A) by striking ‘‘and’’ at the end of paragraph shoreline erosion. The Federal share of such in- for all studies and projects in the Common- (4); cremental costs shall be determined in accord- wealth of Puerto Rico, American Samoa, Guam, (B) by striking the period at the end of para- ance with subsections (d) and (f). the Commonwealth of the Northern Mariana Is- graph (5) and inserting ‘‘; and’’; and ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding lands, and the United States Virgin Islands, in (C) by adding at the end the following: section 221 of the Flood Control Act of 1970 (42 Indian country (as defined in section 1151 of ‘‘(6) Tuscarawas River Basin, Ohio;

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.043 H14PT1 H5832 CONGRESSIONAL RECORD — HOUSE July 14, 2005 ‘‘(7) Sauk River Basin, Snohomish and Skagit (5) in subsection (c) by striking ‘‘(c) There is’’ lishing a schedule of decisionmaking for ap- Counties, Washington; and inserting the following: proval of the project and permits associated ‘‘(8) Niagara River Basin, New York; and ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— with the project and with related activities. ‘‘(9) Genesee River Basin, New York.’’; ‘‘(1) FEDERAL AND STATE COOPERATION.— (d) CONTENTS OF AGREEMENT.—An agreement (2) by striking paragraph (1) of subsection (f) There is’’; entered into under subsection (c) with respect to and inserting the following: (6) in subsection (c)(1) (as designated by para- a project, to the extent practicable, shall con- ‘‘(1) NON-FEDERAL SHARE.—The non-Federal graph (5))— solidate hearing and comment periods, proce- share of the costs of an assessment carried out (A) by striking ‘‘the provisions of this section’’ dures for data collection and report preparation, under this section on or after December 11, 2000, and inserting ‘‘subsection (a)(1);’’; and and the environmental review and permitting shall be 25 percent.’’; and (B) by striking ‘‘$500,000’’ and inserting processes associated with the project and related (3) by striking subsection (g). ‘‘$1,000,000’’; activities. The agreement shall detail, to the ex- (b) REVISION OF PARTNERSHIP AGREEMENT.— (7) by inserting at the end of subsection (c) tent possible, the non-Federal interest’s respon- The Secretary shall revise the partnership the following: sibilities for data development and information agreement for any assessment being carried out ‘‘(2) TECHNICAL ASSISTANCE.—There is author- that may be necessary to process each permit re- under such section 729 to take into account the ized to be appropriated $5,000,000 annually to quired for the project, including a schedule change in non-Federal participation in the as- carry out subsection (a)(2), of which not more when the information and data will be provided sessment as a result of the amendments made by than $2,000,000 annually may be used by the to the appropriate Federal, State, or local agen- subsection (a). Secretary to enter into cooperative agreements cy or Indian tribe. EVISION OF GREEMENT SEC. 2020. TRIBAL PARTNERSHIP PROGRAM. with nonprofit organizations to provide assist- (e) R A .—The Secretary ance to rural and small communities.’’; may revise an agreement entered into under (a) SCOPE.—Section 203(b)(1)(B) of the Water (8) by redesignating subsection (d) as sub- subsection (c) with respect to a project once to Resources Development Act of 2000 (33 U.S.C. section (e); and extend the schedule to allow the non-Federal in- 2269(b)(1)(B); 114 Stat. 2589) is amended by in- (9) by inserting after subsection (c) the fol- terest the minimum amount of additional time serting after ‘‘Code’’ the following: ‘‘, and in- lowing: necessary to revise its original application to cluding lands that are within the jurisdictional ‘‘(d) ANNUAL SUBMISSION OF PROPOSED AC- meet the objections of a Federal, State, or local area of an Oklahoma Indian tribe, as deter- TIVITIES.—Concurrent with the President’s sub- agency or Indian tribe that is a party to the mined by the Secretary of the Interior, and are mission to Congress of the President’s request agreement. recognized by the Secretary of the Interior as el- for appropriations for the Civil Works Program (f) FINAL DECISION.—Not later than the final igible for trust land status under part 151 of title for a fiscal year, the Secretary shall submit to day of a schedule established by an agreement 25, Code of Federal Regulations’’. the Committee on Transportation and Infra- entered into under subsection (c) with respect to (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- structure of the House of Representatives and a project, the Secretary shall notify the non- tion 203(e) of such Act is amended by striking the Committee on Environment and Public Federal interest of the final decision on the ‘‘2006’’ and inserting ‘‘2010’’. Works of the Senate a report describing the indi- project and whether the permit or permits have SEC. 2021. WILDFIRE FIREFIGHTING. vidual activities proposed for funding under been issued. Section 309 of Public Law 102–154 (42 U.S.C. subsection (a)(1) for that fiscal year.’’. (g) REIMBURSEMENT.— (1) COSTS OF COORDINATION.—The costs in- 1856a–1; 105 Stat. 1034) is amended by inserting SEC. 2024. COORDINATION AND SCHEDULING OF ‘‘the Secretary of the Army,’’ after ‘‘the Sec- FEDERAL, STATE, AND LOCAL AC- curred by the Secretary to establish and carry retary of Energy,’’. TIONS. out a schedule to consolidate Federal, State, SEC. 2022. CREDIT FOR NONCONSTRUCTION (a) NOTICE OF INTENT.—Upon request of the and local agency and Indian tribe environ- SERVICES. non-Federal interest in the form of a written no- mental assessments, project reviews, and permit (a) IN GENERAL.—The Secretary is authorized tice of intent to construct or modify a non-Fed- issuance for a project under this section shall be to allow a non-Federal interest credit toward its eral water supply, wastewater infrastructure, paid by the non-Federal interest. share of project costs for any authorized water flood damage reduction, storm damage reduc- (2) COSTS INCURRED TO EXPEDITE PERMITS AND resources development project for the cost of ma- tion, ecosystem restoration, or navigation REVIEWS.— (A) ACCEPTANCE OF NON-FEDERAL FUNDS.— terials and in-kind services, including design project that requires the approval of the Sec- The Secretary may accept funds from the non- and management services but not including con- retary, the Secretary shall initiate, subject to Federal interest to hire additional staff or ob- struction, provided by the non-Federal interest subsection (g)(1), procedures to establish a tain the services of consultants, or to provide fi- for carrying out the project. schedule for consolidating Federal, State, and nancial, technical, and administrative support (b) LIMITATION.—Credit authorized under sub- local agency and Indian tribe environmental as- to agencies that have entered into an agreement section (a)— sessments, project reviews, and issuance of all with the Secretary under subsection (c) with re- (1) shall not exceed the non-Federal share of permits for the construction or modification of spect to a project in order to facilitate the timely project costs; the project. The non-Federal interest shall sub- processing, review, and completion of applicable (2) shall not alter any other requirements that mit to the Secretary, with the notice of intent, Federal, State, and local agency and Indian require a non-Federal interest to provide lands, studies and documentation, including environ- tribe environmental assessments, project re- easements, rights-of-way, and dredged material mental reviews, that may be required by Federal views, and permits for the project. disposal areas for the project; law for decisionmaking on the proposed project. (B) USE OF FUNDS.—Funds accepted under (3) shall not exceed the actual and reasonable All States and Indian tribes having jurisdiction this paragraph shall be used to supplement ex- costs of the materials or in-kind services pro- over the proposed project shall be invited by the isting resources of the Secretary or a partici- vided by the non-Federal interest, as determined Secretary, but shall not be required, to partici- pating agency. by the Secretary; and pate in carrying out this section with respect to (C) ASSURANCE OF LEVEL OF SERVICE AND IM- (4) shall not be allowed unless the Secretary the project. PARTIALITY.—The Secretary shall ensure that has determined that such materials or services (b) PROCEDURAL REQUIREMENTS.—Within 15 the Department of the Army and any partici- are integral to the project. days after receipt of notice under subsection (a), pating agency that accepts funds under this SEC. 2023. TECHNICAL ASSISTANCE. the Secretary shall publish such notice in the paragraph shall continue to provide the same Section 22 of the Water Resources Develop- Federal Register. The Secretary also shall pro- level of service to other projects and other re- ment Act of 1974 (42 U.S.C. 1962d–16) is amend- vide written notification of the receipt of a no- sponsibilities not covered by this section as it ed— tice under subsection (a) to all State and local would provide, notwithstanding any activities (1) in subsection (a) by striking ‘‘The Sec- agencies and Indian tribes that may be required carried out under this section, and that accept- retary’’ and inserting the following: to issue permits for the construction of the ance of such funds will not impact impartial de- ‘‘(a) FEDERAL STATE COOPERATION.— project or related activities. The Secretary shall cisionmaking either substantively or proce- ‘‘(1) COMPREHENSIVE PLANS.—The Secretary’’; solicit the cooperation of those agencies and re- durally. (2) by inserting after the last sentence in sub- quest their entry into a memorandum of agree- (h) REPORT ON TIMESAVINGS METHODS.—Not section (a) the following: ment described in subsection (c) with respect to later than 3 years after the date of enactment of ‘‘(2) TECHNICAL ASSISTANCE.— the project. Within 30 days after publication of this section, the Secretary shall prepare and ‘‘(A) IN GENERAL.—At the request of a govern- the notice in the Federal Register, State and transmit to Congress a report estimating the mental agency or non-Federal interest, the Sec- local agencies and Indian tribes that intend to time required for the issuance of all Federal, retary may provide, at Federal expense, tech- enter into the memorandum of agreement with State, local, and tribal permits for the construc- nical assistance to such agency or non-Federal respect to the project shall notify the Secretary tion of non-Federal projects for water supply, interest in managing water resources. of their intent in writing. wastewater infrastructure, flood damage reduc- ‘‘(B) TYPES OF ASSISTANCE.—Technical assist- (c) SCHEDULING AGREEMENT.—Within 90 days tion, storm damage reduction, ecosystem restora- ance under this paragraph may include provi- after the date of receipt of notice under sub- tion, and navigation. The Secretary shall in- sion and integration of hydrologic, economic, section (a) with respect to a project, the Sec- clude in that report recommendations for fur- and environmental data and analyses.’’; retary of the Interior, the Secretary of Com- ther reducing the amount of time required for (3) in subsection (b)(1) by striking ‘‘this sec- merce, and the Administrator of the Environ- the issuance of those permits, including any tion’’ each place it appears and inserting ‘‘sub- mental Protection Agency, as necessary, and proposed changes in existing law. section (a)(1)’’; any State or local agencies that have notified SEC. 2025. PROJECT STREAMLINING. (4) in subsection (b)(2) by striking ‘‘Up to 1/2 the Secretary under subsection (b) shall enter (a) POLICY.—The benefits of water resources of the’’ and inserting ‘‘The’’; into an agreement with the Secretary estab- projects are important to the Nation’s economy

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.043 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5833 and environment, and recommendations to Con- cil on Environmental Quality, and the agency, (2) by striking the period at the end of para- gress regarding such projects should not be de- Indian tribe, or non-Federal interest involved graph (19) and inserting a semicolon; and layed due to uncoordinated and sequential envi- about the failure to meet the deadline. (3) by adding at the end the following: ronmental reviews or the failure to timely re- (2) AGENCY REPORT.—Not later than 30 days ‘‘(20) Kinkaid Lake, Jackson County, Illinois, solve disputes during the development of water after the date of receipt of a notice under para- removal of silt and aquatic growth and meas- resources projects. graph (1), the Federal, State, or local govern- ures to address excessive sedimentation; (b) SCOPE.—This section shall apply to each ment agency, Indian tribe, or non-Federal inter- ‘‘(21) McCarter Pond, Borough of Fairhaven, study initiated after the date of enactment of est involved shall submit a report to the Sec- New Jersey, removal of silt and measures to ad- this Act to develop a feasibility report under sec- retary, the Committee on Transportation and dress water quality; tion 905 of the Water Resources Development Infrastructure of the House of Representatives, ‘‘(22) Rogers Pond, Franklin Township, New Act of 1986 (33 U.S.C. 2282), or a reevaluation the Committee on Environment and Public Jersey, removal of silt and restoration of struc- report, for a water resources project if the Sec- Works of the Senate, and the Council on Envi- tural integrity; retary determines that such study requires an ronmental Quality explaining why the agency, ‘‘(23) Greenwood Lake, New York and New environmental impact statement under the Na- Indian tribe, or non-Federal interest did not Jersey, removal of silt and aquatic growth; tional Environmental Policy Act of 1969 (42 meet the deadline and what actions it intends to ‘‘(24) Lake Rodgers, Creedmoor, North Caro- U.S.C. 4321 et seq.). take to complete or issue the required review, lina, removal of silt and excessive nutrients and (c) WATER RESOURCES PROJECT REVIEW PROC- analysis, opinion, permit, license, or approval. restoration of structural integrity; and ESS.—The Secretary shall develop and imple- (i) PURPOSE AND NEED AND DETERMINATION OF ‘‘(25) Lake Luxembourg, Pennsylvania.’’. ment a coordinated review process for water re- REASONABLE ALTERNATIVES.— SEC. 2027. MITIGATION FOR FISH AND WILDLIFE sources projects. (1) IN GENERAL.—As an official of the lead LOSSES. (d) COORDINATED REVIEWS.— Federal agency that is responsible for carrying (a) MITIGATION PLAN CONTENTS.—Section (1) IN GENERAL.—The coordinated review proc- out a study to which this section applies and its 906(d) of the Water Resources Development Act ess under this section shall provide that all en- associated process for meeting the requirements of 1986 (33 U.S.C. 2283(d)) is amended by adding vironmental reviews, analyses, opinions, per- of the National Environmental Policy Act of at the end the following: mits, licenses, and approvals that must be issued 1969 (42 U.S.C. 4321 et seq.) and as the Federal ‘‘(3) CONTENTS.—A mitigation plan shall in- or made by a Federal, State, or local government agency with expertise in water resources devel- clude— agency or Indian tribe for a water resources opment, the Secretary, in carrying out such ‘‘(A) a description of the physical action to be project will be conducted concurrently, to the study and process, shall— undertaken to achieve the mitigation objectives maximum extent practicable, and completed (A) define the purpose and need for the pro- within the watershed in which such losses occur within a time period established by the Sec- posed water resources project; and and, in any case in which mitigation must take retary, in cooperation with the agencies identi- (B) determine which alternatives are reason- place outside the watershed, a justification de- fied under subsection (e) with respect to the able and may be reasonably anticipated to meet tailing the rationale for undertaking the mitiga- project. project purposes and needs. tion outside of the watershed; (2) AGENCY PARTICIPATION.—Each Federal (2) STREAMLINING STUDY.—To streamline a ‘‘(B) a description of the lands or interests in agency identified under subsection (e) shall for- study to which this section applies and its asso- lands to be acquired for mitigation and the basis mulate and implement administrative, policy, ciated process for meeting the requirements of for a determination that such lands are avail- and procedural mechanisms to enable the agen- the National Environmental Policy Act of 1969 able for acquisition; cy to ensure completion of environmental re- (42 U.S.C. 4321 et seq.), the Secretary may elimi- ‘‘(C) the type, amount, and characteristics of views, analyses, opinions, permits, licenses, and nate from consideration any alternatives the the habitat being restored; approvals described in paragraph (1) in a timely Secretary determines are not reasonable or are ‘‘(D) success criteria for mitigation based on and environmentally responsible manner. not reasonably anticipated to meet project pur- replacement of lost functions and values of the (e) IDENTIFICATION OF JURISDICTIONAL AGEN- poses and needs. habitat, including hydrologic and vegetative CIES.—With respect to each water resources (j) SOLICITATION AND CONSIDERATION OF COM- characteristics; and project, the Secretary shall identify, as soon as MENTS.—In applying subsection (i), the Sec- ‘‘(E) a plan for any necessary monitoring to practicable, all Federal, State, and local govern- retary shall solicit, consider, and respond to determine the success of the mitigation, includ- ment agencies and Indian tribes that may have comments from interested persons and govern- ing the cost and duration of any monitoring jurisdiction over environmental-related matters mental entities. and, to the extent practicable, the entities re- that may be affected by the project or may be re- (k) CATEGORICAL EXCLUSIONS.—Not later than sponsible for any monitoring. quired by law to conduct an environmental-re- 120 days after the date of enactment of this Act, ‘‘(4) RESPONSIBILITY FOR MONITORING.—In lated review or analysis of the project or deter- the Secretary shall develop and publish a list of any case in which it is not practicable to iden- mine whether to issue an environmental-related categorical exclusions from the requirement that tify in a mitigation plan for a water resources permit, license, or approval for the project. an environmental assessment or an environ- project, the entity responsible for monitoring at (f) STATE AUTHORITY.—If a coordinated re- mental impact statement be prepared under the the time of a final report of the Chief of Engi- view process is being implemented under this National Environmental Policy Act of 1969 (42 neers or other final decision document for the section by the Secretary with respect to a water U.S.C. 4321 et seq.) for water resources projects. project, such entity shall be identified in the resources project within the boundaries of a (l) LIMITATIONS.—Nothing in this section shall partnership agreement entered into with the State, the State, consistent with State law, may preempt or interfere with— non-Federal interest.’’. choose to participate in such process and pro- (1) any practice of seeking public comment; (b) STATUS REPORT.— vide that all State agencies that have jurisdic- (2) any power, jurisdiction, or authority that (1) IN GENERAL.—Concurrent with the Presi- tion over environmental-related matters that a Federal, State, or local government agency, dent’s submission to Congress of the President’s may be affected by the project or may be re- Indian tribe, or non-Federal interest has with request for appropriations for the Civil Works quired by law to conduct an environmental-re- respect to carrying out a water resources Program for a fiscal year, the Secretary shall lated review or analysis of the project or deter- project; or submit to the Committee on Transportation and mine whether to issue an environmental-related (3) any obligation to comply with the provi- Infrastructure of the House of Representatives permit, license, or approval for the project, be sions of the National Environmental Policy Act and the Committee on Environment and Public subject to the process. of 1969 (42 U.S.C. 4371 et seq.) and the regula- Works of the Senate a report on the status of (g) MEMORANDUM OF UNDERSTANDING.—The tions issued by the Council on Environmental construction of projects that require mitigation coordinated review process developed under this Quality to carry out such Act. under section 906 of the Water Resources Devel- section may be incorporated into a memorandum (m) BENCHMARKS.—Within 12 months of the opment Act of 1986 (33 U.S.C. 2283; 100 Stat. of understanding for a project between the Sec- date of enactment of this Act, the Chief of Engi- 4186) and the status of such mitigation. retary and the heads of other Federal, State, neers shall establish benchmarks for deter- (2) PROJECTS INCLUDED.—The status report and local government agencies and Indian tribes mining the length of time it should take to con- shall include the status of all projects that are identified under subsection (e) with respect to duct a feasibility study for a water resources de- under construction, all projects for which the the project and the non-Federal interest for the velopment project and its associated review President requests funding for the next fiscal project. process under the National Environmental Pol- year, and all projects that have completed con- (h) EFFECT OF FAILURE TO MEET DEADLINE.— icy Act of 1969 (42 U.S.C. 4371 et seq.). Bench- struction, but have not completed the mitigation (1) NOTIFICATION OF CONGRESS AND CEQ.—If marks may be established for activities based on required under section 906 of the Water Re- the Secretary determines that a Federal, State, project type, size, cost, and complexity. The sources Development Act of 1986. or local government agency, Indian tribe, or Chief of Engineers shall use such benchmarks as SEC. 2028. COOPERATIVE AGREEMENTS. non-Federal interest that is participating in a a management tool to make the feasibility study (a) IN GENERAL.—For the purpose of expe- coordinated review process under this section process more efficient in all districts of the Army diting the cost-effective design and construction with respect to a project has not met a deadline Corps of Engineers. of wetlands restoration that is part of an au- established under subsection (d) for the project, SEC. 2026. LAKES PROGRAM. thorized water resources project, the Secretary the Secretary shall notify, within 30 days of the Section 602(a) of the Water Resources Devel- may enter into cooperative agreements under date of such determination, the Committee on opment Act of 1986 (100 Stat. 4148; 110 Stat. 3758; section 6305 of title 31, United States Code, with Transportation and Infrastructure of the House 113 Stat. 295) is amended— nonprofit organizations with expertise in wet- of Representatives, the Committee on Environ- (1) by striking ‘‘and’’ at end of paragraph lands restoration to carry out such design and ment and Public Works of the Senate, the Coun- (18); construction on behalf of the Secretary.

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(b) LIMITATIONS.— measures, separate project, or separable element pact on a species listed as endangered or threat- (1) PER PROJECT LIMIT.—A cooperative agree- identified under paragraph (1) or (2) and rec- ened species under the Endangered Species Act ment under this section shall not obligate the ommended for construction shall not be consid- of 1973 (16 U.S.C. 1539 et seq.) or the critical Secretary to pay the nonprofit organization ered integral to the underlying project and, if habitat of such species designated under such more than $1,000,000 for any single wetlands res- authorized, shall be subject to a separate part- Act; and toration project. nership agreement, unless a non-Federal inter- (B) a study for a project pursued under sec- (2) ANNUAL LIMIT.—The total value of work est agrees to share in the cost of the additional tion 205 of the Flood Control Act of 1948 (33 carried out under cooperative agreements under measures, project, or separable element. U.S.C. 701s), section 2 of the Flood Control Act this section may not exceed $5,000,000 in any fis- (c) CALCULATION OF BENEFITS AND COSTS FOR of August 28, 1937 (33 U.S.C. 701g), section 14 of cal year. FLOOD DAMAGE REDUCTION PROJECTS.—A feasi- the Flood Control Act of 1946 (33 U.S.C. 701r), SEC. 2029. PROJECT PLANNING. bility study for a project for flood damage re- section 107(a) of the River and Harbor Act of (a) OBJECTIVES.— duction shall include, as part of the calculation 1960 (33 U.S.C. 577(a)), section 3 of the Act enti- (1) FLOOD DAMAGE REDUCTION, NAVIGATION, of benefits and costs— tled ‘‘An Act authorizing Federal participation AND HURRICANE AND STORM DAMAGE REDUCTION (1) a calculation of the residual risk of flood- in the cost of protecting the shores of publicly PROJECTS.—The Federal objective of any study ing following completion of the proposed project; owned property’’, approved August 13, 1946 (33 of the feasibility of a water resources project (2) a calculation of any upstream or down- U.S.C. 426g), section 111 of the River and Har- carried out by the Secretary for flood damage stream impacts of the proposed project; and bor Act of 1968 (33 U.S.C. 426i), section 3 of the reduction, navigation, or hurricane and storm (3) calculations to ensure that the benefits Act entitled ‘‘An Act authorizing the construc- damage reduction shall be to maximize the net and costs associated with structural and non- tion, repair, and preservation of certain public national economic development benefits associ- structural alternatives are evaluated in an equi- works on rivers and harbors, and for other pur- ated with the project, consistent with protecting table manner. poses’’, approved March 2, 1945 (33 U.S.C. 603a), the Nation’s environment. SEC. 2030. INDEPENDENT PEER REVIEW. section 1135 of the Water Resources Develop- (2) ECOSYSTEM RESTORATION PROJECTS.—The (a) PROJECT STUDIES SUBJECT TO INDE- ment Act of 1986 (33 U.S.C. 2309a), section 206 of Federal objective of any study of the feasibility PENDENT PEER REVIEW.— the Water Resources Development Act of 1996 of a water resources project for ecosystem res- (1) IN GENERAL.—Project studies shall be sub- (33 U.S.C. 2330), or section 204 of the Water Re- toration carried out by the Secretary shall be to ject to a peer review by an independent panel of sources Development Act of 1992 (33 U.S.C. maximize the net national ecosystem restoration experts as determined under this section. 2326). benefits associated with the project, consistent (2) SCOPE.—The peer review may include a re- (7) APPEAL.—The decision of the Chief of En- with national economic development. view of the economic and environmental as- gineers whether to peer review a project study (3) PROJECTS WITH MULTIPLE PURPOSES.—In sumptions and projections, project evaluation shall be published in the Federal Register and the case of a study that includes multiple data, economic analyses, environmental anal- shall be subject to appeal by a person referred to project purposes, the primary and other project yses, engineering analyses, formulation of alter- in paragraph (3)(B)(i) or (3)(B)(ii) to the Sec- purposes shall be evaluated, based on the rel- native plans, methods for integrating risk and retary of the Army if such appeal is made with- evant Federal objective identified under para- uncertainty, models used in evaluation of eco- in the 30-day period following the date of such graphs (1) and (2). nomic or environmental impacts of proposed publication. (4) SELECTION OF PROJECT ALTERNATIVES.— projects, and any biological opinions of the (8) DETERMINATION OF PROJECT COST.—For (A) IN GENERAL.—Notwithstanding the Fed- project study. purposes of determining the estimated total cost eral objectives identified in this subsection, the (3) PROJECT STUDIES SUBJECT TO PEER RE- of a project under paragraph (3)(A), the project Secretary may select a project alternative that VIEW.— cost shall be based upon the reasonable esti- does not maximize net benefits if there is an (A) MANDATORY.—A project study shall be mates of the Chief of Engineers at the comple- overriding reason based upon other Federal, subject to peer review under paragraph (1) if the tion of the reconnaissance study for the project. State, local, or international concerns. project has an estimated total cost of more than If the reasonable estimate of project costs is sub- (B) FLOOD DAMAGE REDUCTION, NAVIGATION, $50,000,000, including mitigation costs, and is sequently determined to be in excess of the AND HURRICANE STORM DAMAGE REDUCTION not determined by the Chief of Engineers to be amount in paragraph (3)(A), the Chief of Engi- PROJECTS.—With respect to a water resources exempt from peer review under paragraph (6). neers shall make a determination whether a project described in paragraph (1), an overriding (B) DISCRETIONARY.—A project study may be project study should be reviewed under this sec- reason for selecting a plan other than the plan subject to peer review if— tion. that maximizes national economic development (i) the Governor of an affected State requests (b) TIMING OF PEER REVIEW.—The Chief of benefits may be if the Secretary determines, and a peer review by an independent panel of ex- Engineers shall determine the timing of a peer the non-Federal interest concurs, that an alter- perts; review of a project study under subsection (a). native plan is feasible and achieves the project (ii) the head of a Federal or State agency In all cases, the peer review shall occur during purposes while providing greater ecosystem res- charged with reviewing the project study deter- the period beginning on the date of the comple- toration benefits. mines that the project is likely to have a signifi- tion of the reconnaissance study for the project (C) ECOSYSTEM RESTORATION PROJECTS.—With cant adverse impact on environmental, cultural, and ending on the date the draft report of the respect to a water resources project described in or other resources under the jurisdiction of the Chief of Engineers for the project is made avail- paragraph (2), an overriding reason for selecting agency after implementation of proposed mitiga- able for public comment. Where the Chief of En- a plan other than the plan that maximizes na- tion plans and requests a peer review by an gineers has not initiated a peer review of a tional ecosystem restoration benefits may be if independent panel of experts; or project study, the Chief of Engineers shall con- the Secretary determines, and the non-Federal (iii) the Chief of Engineers determines that the sider, at a minimum, whether to initiate a peer interest concurs, that an alternative plan is fea- project study is controversial. review at the time that— sible and achieves the project purposes while (4) CONTROVERSIAL PROJECTS.—Upon receipt (1) the without-project conditions are identi- providing greater economic development bene- of a written request under paragraph (3)(B) or fied; fits. on the initiative of the Chief of Engineers, the (2) the array of alternatives to be considered (b) IDENTIFYING ADDITIONAL BENEFITS AND Chief of Engineers shall determine whether a are identified; and PROJECTS.— project study is controversial. (3) the preferred alternative is identified. (1) PRIMARILY ECONOMIC BENEFITS.—In con- (5) FACTORS TO CONSIDER.—In determining Nothing in this subsection shall be construed to ducting a study of the feasibility of a project whether a project study is controversial, the require the Chief of Engineers to conduct mul- where the primary benefits are expected to be Chief of Engineers shall consider if— tiple peer reviews for a project study. economic, the Secretary may identify ecosystem (A) there is a significant public dispute as to (c) ESTABLISHMENT OF PANELS.— restoration benefits that may be achieved in the the size, nature, or effects of the project; or (1) IN GENERAL.—For each project study sub- study area and, after obtaining the participa- (B) there is a significant public dispute as to ject to peer review under subsection (a), as soon tion of a non-Federal interest, may study and the economic or environmental costs or benefits as practicable after the Chief of Engineers deter- recommend construction of additional measures, of the project. mines that a project study will be subject to peer a separate project, or separable project element (6) PROJECT STUDIES EXCLUDED FROM PEER RE- review, the Chief of Engineers shall contract to achieve those benefits. VIEW.—Project studies that may be excluded with the National Academy of Sciences (or a (2) PRIMARILY ECOSYSTEM RESTORATION BENE- from peer review under paragraph (1) are— similar independent scientific and technical ad- FITS.—In conducting a study of the feasibility of (A) a study for a project the Chief of Engi- visory organization), or an eligible organization, a project where the primary benefits are ex- neers determines— to establish a panel of experts to peer review the pected to be associated with ecosystem restora- (i) is not controversial; project study for technical and scientific suffi- tion, the Secretary may identify economic bene- (ii) has no more than negligible adverse im- ciency. fits that may be achieved in the study area and, pacts on scarce or unique cultural, historic, or (2) MEMBERSHIP.—A panel of experts estab- after obtaining the participation of a non-Fed- tribal resources; lished for a project study under this section eral interest, may study and recommend con- (iii) has no substantial adverse impacts on shall be composed of independent experts who struction of additional measures, a separate fish and wildlife species and their habitat prior represent a balance of areas of expertise suitable project, or separable project element to achieve to the implementation of mitigation measures; for the review being conducted. those benefits. and (3) LIMITATION ON APPOINTMENTS.—An indi- (3) RULES APPLICABLE TO CERTAIN MEASURES, (iv) has, before implementation of mitigation vidual may not be selected to serve on a panel PROJECTS, AND ELEMENTS.—Any additional measures, no more than a negligible adverse im- of experts established for a project study under

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this section if the individual has a financial or (h) APPLICABILITY.—This section shall apply Water Pollution Control Act (33 U.S.C. 1344); close professional association with any organi- to— and zation or group with a strong financial or orga- (1) project studies initiated during the 2-year (2) appropriately employ geographic informa- nizational interest in the project. period preceding the date of enactment of this tion system technology and linkages to water re- (4) CONGRESSIONAL NOTIFICATION.—Upon Act and for which the array of alternatives to source models and analytical techniques. identification of a project study for peer review be considered has not been identified; and (c) PARTNERSHIPS.—To the maximum extent under this section, but prior to initiation of any (2) project studies initiated during the period practicable, in carrying out activities under this review, the Chief of Engineers shall notify the beginning on such date of enactment and end- section, the Secretary shall develop partner- Committee on Environment and Public Works of ing 4 years after such date of enactment. ships, including cooperative agreements with the Senate and the Committee on Transpor- (i) REPORT.—Within 4 1/2 years of the date of State, tribal, and local governments and other tation and Infrastructure of the House of Rep- enactment of this section, the Chief of Engineers Federal agencies. resentatives of such review. shall submit a report to Congress on the imple- (d) AUTHORIZATION OF APPROPRIATIONS.— (d) DUTIES OF PANELS.—A panel of experts es- mentation of this section. There is authorized to be appropriated to carry tablished for a peer review for a project study (j) NONAPPLICABILITY OF FACA.—The Federal out this section $5,000,000 for each fiscal year. under this section shall, consistent with the Advisory Committee Act (5 U.S.C. App.) shall SEC. 2033. SHORE PROTECTION PROJECTS. scope of the referral for review— not apply to any peer review panel established (a) IN GENERAL.—In accordance with the Act (1) conduct a peer review for the project study under this section. of July 3, 1930 (33 U.S.C. 426), and notwith- submitted to the panel for review; (k) SAVINGS CLAUSE.—Nothing in this section standing administrative actions, it is the policy (2) assess the adequacy and acceptability of shall be construed to affect any authority of the of the United States to promote beach nourish- the economic and environmental methods, mod- Chief of Engineers to cause or conduct a peer ment for the purposes of flood damage reduction els, and analyses used by the Chief of Engi- review of a water resources project existing on and hurricane and storm damage reduction and neers; the date of enactment of this section. related research that encourage the protection, (3) provide timely written and oral comments (l) DEFINITIONS.—In this section, the fol- restoration, and enhancement of sandy beaches, to the Chief of Engineers throughout the devel- lowing definitions apply: including beach restoration and periodic beach opment of the project study, as requested; and (1) PROJECT STUDY.—The term ‘‘project study’’ renourishment for a period of 50 years, on a (4) submit to the Chief of Engineers a final re- means a feasibility study or reevaluation study comprehensive and coordinated basis by the port containing the panel’s economic, engineer- for a project. The term also includes any other Federal Government, States, localities, and pri- ing, and environmental analysis of the project study associated with a modification or update vate enterprises. study, including the panel’s assessment of the of a project that includes an environmental im- (b) PREFERENCE.—In carrying out the policy, adequacy and acceptability of the economic and pact statement, including the environmental im- preference shall be given to— environmental methods, models, and analyses pact statement. (1) areas in which there has been a Federal used by the Chief of Engineers, to accompany (2) AFFECTED STATE.—The term ‘‘affected investment of funds for the purposes described the publication of the project study. State’’, as used with respect to a project, means in subsection (a); and (e) DURATION OF PROJECT STUDY PEER RE- a State all or a portion of which is within the (2) areas with respect to which the need for VIEWS.— drainage basin in which the project is or would prevention or mitigation of damage to shores (1) DEADLINE.—A panel of experts shall— and beaches is attributable to Federal naviga- (A) complete its peer review under this section be located and would be economically or envi- ronmentally affected as a consequence of the tion projects or other Federal activities. for a project study and submit a report to the PPLICABILITY.—The Secretary shall apply project. (c) A Chief of Engineers under subsection (d)(4) with- the policy to each shore protection and beach (3) ELIGIBLE ORGANIZATION.—The term ‘‘eligi- in 180 days after the date of establishment of the renourishment project (including shore protec- panel, or, if the Chief of Engineers determines ble organization’’ means an organization that— (A) is described in section 501(c)(3), and ex- tion and beach renourishment projects con- that a longer period of time is necessary, such structed before the date of enactment of this period of time established by the Chief of Engi- empt from Federal tax under section 501(a), of the Internal Revenue Code of 1986; Act). neers, but in no event later than 90 days after SEC. 2034. ABILITY TO PAY. the date a draft project study is made available (B) is independent; (C) is free from conflicts of interest; (a) CRITERIA AND PROCEDURES.—Section for public review; and 103(m)(2) of the Water Resources Development (B) terminate on the date of submission of the (D) does not carry out or advocate for or against Federal water resources projects; and Act of 1986 (33 U.S.C. 2213(m)(2)) is amended by report. striking ‘‘180 days after such date of enact- (2) FAILURE TO MEET DEADLINE.—If a panel (E) has experience in establishing and admin- ment’’ and inserting ‘‘August 31, 2005’’. does not complete its peer review of a project istering peer review panels. (b) PROJECTS.—The Secretary shall apply the study under this section and submit a report to SEC. 2031. TRAINING FUNDS. criteria and procedures referred to in section the Chief of Engineers under subsection (d)(4) (a) IN GENERAL.—The Secretary may include 103(m) of the Water Resources Development Act on or before the deadline established by para- individuals not employed by the Department of of 1986 (33 U.S.C. 2213(m)) to the following graph (1) for the project study, the Chief of En- the Army in training classes and courses offered projects: gineers shall continue the project study for the by the Corps of Engineers in any case in which (1) ST. JOHNS BAYOU AND NEW MADRID project that is subject to peer review by the the Secretary determines that it is in the best in- FLOODWAY, MISSOURI.—The project for flood panel without delay. terest of the Federal Government to include control, St. Johns Bayou and New Madrid (f) RECOMMENDATIONS OF PANEL.— those individuals as participants. Floodway, Missouri, authorized by section (1) CONSIDERATION BY THE CHIEF OF ENGI- (b) EXPENSES.— 401(a) of the Water Resources Development Act NEERS.—After receiving a report on a project (1) IN GENERAL.—An individual not employed of 1986 (100 Stat. 4118). study from a panel of experts under this section by the Department of the Army attending a (2) LOWER RIO GRANDE BASIN, TEXAS.—The and before entering a final record of decision for training class or course described in subsection project for flood control, Lower Rio Grande the project, the Chief of Engineers shall con- (a) shall pay the full cost of the training pro- Basin, Texas, authorized by section 401(a) of the sider any recommendations contained in the re- vided to the individual. Water Resources Development Act of 1986 (100 port and prepare a written response for any rec- (2) PAYMENTS.—Payments made by an indi- Stat. 4125). ommendations adopted or not adopted. vidual for training received under paragraph (3) WEST VIRGINIA AND PENNSYLVANIA (2) PUBLIC AVAILABILITY AND TRANSMITTAL TO (1), up to the actual cost of the training— PROJECTS.—The projects for flood control au- CONGRESS.—After receiving a report on a project (A) may be retained by the Secretary; thorized by section 581 of the Water Resources study from a panel of experts under this section, (B) shall be credited to an appropriation or Development Act of 1996 (110 Stat. 3790–3791). the Chief of Engineers shall— account used for paying training costs; and (A) make a copy of the report and any written SEC. 2035. AQUATIC ECOSYSTEM RESTORATION. (C) shall be available for use by the Secretary, Section 206(e) of the Water Resources Develop- response of the Chief of Engineers on rec- without further appropriation, for training pur- ment Act of 1996 (33 U.S.C. 2330) is amended by ommendations contained in the report available poses. striking ‘‘$25,000,000’’ and inserting to the public; and (3) EXCESS AMOUNTS.—Any payments received (B) transmit to Congress a copy of the report, ‘‘$40,000,000’’. under paragraph (2) that are in excess of the ac- SEC. 2036. SMALL FLOOD DAMAGE REDUCTION together with any such written response, on the tual cost of training provided shall be credited date of a final report of the Chief of Engineers PROJECTS. as miscellaneous receipts to the Treasury of the Section 205 of the Flood Control Act of 1948 or other final decision document for a project United States. study that is subject to peer review by the panel. (33 U.S.C. 701s) is amended by striking SEC. 2032. ACCESS TO WATER RESOURCE DATA. (g) COSTS.— ‘‘$50,000,000’’ and inserting ‘‘$60,000,000’’. (1) IN GENERAL.—The costs of a panel of ex- (a) IN GENERAL.—The Secretary shall carry SEC. 2037. LEASING AUTHORITY. perts established for a peer review under this out a program to provide public access to water Section 4 of the Act entitled ‘‘An Act author- section— resource and related water quality data in the izing the construction of certain public works on (A) shall be a Federal expense; and custody of the Corps of Engineers. rivers and harbors for flood control, and other (B) shall not exceed $500,000. (b) DATA.—Public access under subsection (a) purposes’’, approved December 22, 1944 (16 (2) WAIVER.—The Chief of Engineers may shall— U.S.C. 460d) is amended— waive the $500,000 limitation contained in para- (1) include, at a minimum, access to data gen- (1) by inserting ‘‘federally-recognized Indian graph (1)(B) in cases that the Chief of Engineers erated in water resources project development tribes and’’ before ‘‘Federal’’ the first place it determines appropriate. and regulation under section 404 of the Federal appears;

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.043 H14PT1 H5836 CONGRESSIONAL RECORD — HOUSE July 14, 2005 (2) by inserting ‘‘Indian tribes or’’ after ‘‘con- ‘‘(B) any study for a project, which project is (B) the estimated annual cost of operation siderations, to such’’; and authorized for construction by this Act and is and maintenance of locks and dams to ensure (3) by inserting ‘‘federally-recognized Indian not subject to section 903(b); navigation without interruption. tribe’’ after ‘‘That in any such lease or license ‘‘(C) any study for a project which does not (3) With respect to general investigations and to a’’. require specific authorization by Congress in reconnaissance and feasibility studies— SEC. 2038. COST ESTIMATES. law or otherwise; and (A) the number of active studies; The estimated Federal and non-Federal costs ‘‘(D) general studies not intended to lead to (B) the number of completed studies not yet of projects authorized to be carried out by the recommendation of a specific water resources authorized for construction; Secretary before, on, or after the date of enact- project. (C) the number of initiated studies; and ment of this Act are for informational purposes ‘‘(4) FEASIBILITY REPORT DEFINED.—In this (D) the number of studies expected to be com- only and shall not be interpreted as affecting subsection, the term ‘feasibility report’ means pleted during the fiscal year. the cost sharing responsibilities established by each feasibility report, and any associated envi- (4) Funding received and estimates of funds to law. ronmental impact statement and mitigation be received for interagency and international SEC. 2039. STUDIES AND REPORTS FOR WATER plan, prepared by the Corps of Engineers for a support activities under section 318(a) of the RESOURCES PROJECTS. water resources project. The term includes a Water Resources Development Act of 1990 (33 (a) STUDIES.— project implementation report prepared under U.S.C. 2323(a)). (1) COST-SHARING REQUIREMENTS.—Section title VI of the Water Resources Development Act (5) Recreation fees and lease payments. 105(a) of the Water Resources Development Act of 2000 (114 Stat. 2680–2694), a general reevalua- (6) Hydropower and water storage fees. of 1986 (33 U.S.C. 2215(a)) is amended by adding tion report, and a limited reevaluation report.’’. (7) Deposits into the Inland Waterway Trust at the end the following: (2) PROJECTS NOT SPECICIALLY AUTHORIZED BY Fund and the Harbor Maintenance Trust Fund. ‘‘(3) DETAILED PROJECT REPORTS.—The re- CONGRESS.—Section 905 of such Act is further (8) Other revenues and fees collected. quirements of this subsection that apply to a amended— TITLE III—PROJECT-RELATED feasibility study also shall apply to a study that (A) in subsection (b) by inserting ‘‘RECONNAIS- PROVISIONS results in a detailed project report, except that— SANCE STUDIES.—’’ before ‘‘Before initiating’’; ‘‘(A) the first $100,000 of the costs of a study (B) by redesignating subsections (c), (d), and SEC. 3001. KING COVE HARBOR, ALASKA. that results in a detailed project report shall be (e) as subsections (d), (e), and (f), respectively; The maximum amount of Federal funds that a Federal expense; and (C) by inserting after subsection (b) the fol- may be expended for the project for navigation, ‘‘(B) paragraph (1)(C)(ii) shall not apply to lowing: King Cove Harbor, Alaska, being carried out such a study.’’. ‘‘(c) PROJECTS NOT SPECIFICALLY AUTHORIZED under section 107 of the River and Harbor Act of (2) PLANNING AND ENGINEERING.—Section BY CONGRESS.—In the case of any water re- 1960 (33 U.S.C. 577), shall be $8,000,000. 105(b) of such Act (33 U.S.C. 2215(b)) is amended sources project-related study authorized to be SEC. 3002. ST. PAUL HARBOR, ST. PAUL ISLAND, by striking ‘‘authorized by this Act’’. undertaken by the Secretary without specific ALASKA. (3) DEFINITIONS.—Section 105 of such Act (33 authorization by Congress in law or otherwise, (a) SMALL BOAT HARBOR.—No elements of the U.S.C. 2215) is amended by adding at the end the Secretary shall prepare a detailed project re- project for navigation, St. Paul Harbor, St. Paul the following: port.’’; Island, Alaska, authorized by section 101(b)(3) ‘‘(d) DEFINITIONS.—In this section, the fol- (D) in subsection (d) (as so redesignated) by of the Water Resources Development Act of 1996 lowing definitions apply: inserting ‘‘INDIAN TRIBES.—’’ before ‘‘For pur- (110 Stat. 3667) and modified by section 303 of ‘‘(1) DETAILED PROJECT REPORT.—The term poses of’’; and the Water Resources Development Act of 1999 ‘detailed project report’ means a report for a (E) in subsection (e) (as so redesignated) by (113 Stat. 298) and section 105 of the Energy and project not specifically authorized by Congress inserting ‘‘STANDARD AND UNIFORM PROCEDURES Water Development Appropriations Act, 2003 in law or otherwise that determines the feasi- AND PRACTICES.—’’ before ‘‘The Secretary shall’’ (117 Stat. 139), shall be treated by the Secretary bility of the project with a level of detail appro- . as separable. priate to the scope and complexity of the rec- SEC. 2040. FISCAL TRANSPARENCY REPORT. (b) LIMITATION ON NON-FEDERAL SHARE.—The ommended solution and sufficient to proceed di- (a) IN GENERAL.—On the third Tuesday of non-Federal share for the project shall not ex- rectly to the preparation of contract plans and January of each year beginning January 2006, ceed $14,400,000. specifications. The term includes any associated the Chief of Engineers shall submit to the Com- SEC. 3003. SITKA, ALASKA. environmental impact statement and mitigation mittee on Environment and Public Works of the The Thompson Harbor, Sitka, Alaska, element plan. For a project for which the Federal cost Senate and the Committee on Transportation of the project for navigation Southeast Alaska does not exceed $1,000,000, the term includes a and Infrastructure of the House of Representa- Harbors of Refuge, Alaska, authorized by sec- planning and design analysis document. tives a report on the expenditures for the pre- tion 101 of the Water Resources Development ‘‘(2) FEASIBILITY STUDY.—The term ‘feasibility ceding fiscal year and estimated expenditures Act of 1992 (106 Stat. 4801), is modified to direct study’ means a study that results in a feasibility for the current fiscal year and, for projects and the Secretary to take such action as may be nec- report under section 905, and any associated en- activities that are not scheduled for completion essary to correct design deficiencies in such ele- vironmental impact statement and mitigation in the current fiscal year, the estimated expend- ment, at a Federal expense of $6,300,000. plan, prepared by the Corps of Engineers for a itures necessary in the following fiscal year for SEC. 3004. TATITLEK, ALASKA. water resources project. The term includes a each project or activity to maintain the same study that results in a project implementation The maximum amount of Federal funds that level of effort being achieved in the current fis- report prepared under title VI of the Water Re- may be expended for the project for navigation, cal year. sources Development Act of 2000 (114 Stat. 2680– Tatitlek, Alaska, being carried out under section (b) CONTENTS.—In addition to the information 2694), a general reevaluation report, and a lim- 107 of the River and Harbor Act of 1960 (33 described in subsection (a), the report shall con- ited reevaluation report.’’. U.S.C. 577), shall be $10,000,000. tain a detailed accounting of the following in- (b) REPORTS.— SEC. 3005. GRAND PRAIRIE REGION AND BAYOU (1) PREPARATION.—Section 905(a) of the Water formation: METO BASIN, ARKANSAS. Resources Development Act of 1986 (33 U.S.C. (1) With respect to general construction, infor- The Secretary shall review the general re- 2282(a); 100 Stat. 4185) is amended— mation on— evaluation report for the Bayou Meto basin ele- (A) by striking ‘‘(a) In the case of any’’ and (A) projects currently under construction, in- ment of the project for Grand Prairie Region inserting the following: cluding— and Bayou Meto Basin, Arkansas, reauthorized ‘‘(a) PREPARATION OF REPORTS.— (i) allocations to date; by section 363(a) of the Water Resources Devel- ‘‘(1) IN GENERAL.—In the case of any’’; (ii) the number of years remaining to complete opment Act of 1996 (110 Stat. 3730), and make a (B) by striking ‘‘the Secretary, the Secretary construction; determination of whether the element is feasible, shall’’ and inserting ‘‘the Secretary that results (iii) the estimated annual Federal cost to regardless of mission priorities. maintain that construction schedule; and in recommendations concerning a project or the SEC. 3006. OSCEOLA HARBOR, ARKANSAS. operation of a project and that requires specific (iv) a list of projects the Corps of Engineers expects to complete during the current fiscal (a) IN GENERAL.—The project for navigation, authorization by Congress in law or otherwise, Osceola Harbor, Arkansas, constructed under the Secretary shall perform a reconnaissance year; and (B) projects for which there is a signed cost- section 107 of the River and Harbor Act of 1960 study and’’; (33 U.S.C. 577), is modified to allow non-Federal (C) by striking ‘‘Such feasibility report’’ and sharing agreement and completed planning, en- gineering, and design, including— interests to construct a mooring facility within inserting the following: the existing authorized harbor channel, subject ‘‘(2) CONTENTS OF FEASIBILITY REPORTS.—A (i) the number of years the project is expected to all necessary permits, certifications, and feasibility report’’; to require for completion; and (D) by striking ‘‘The feasibility report’’ and (ii) estimated annual Federal cost to maintain other requirements. (b) LIMITATION ON STATUTORY CONSTRUC- inserting ‘‘A feasibility report’’; and that construction schedule. (E) by striking the last sentence and inserting (2) With respect to operation and maintenance TION.—Nothing in this section shall be con- the following: of the inland and intracoastal waterways under strued as affecting the responsibility of the Sec- ‘‘(3) APPLICABILITY.—This subsection shall section 206 of Public Law 95–502 (33 U.S.C. retary to maintain the general navigation fea- not apply to— 1804)— tures of the project at a bottom width of 250 feet. ‘‘(A) any study with respect to which a report (A) the estimated annual cost to maintain SEC. 3007. PINE MOUNTAIN DAM, ARKANSAS. has been submitted to Congress before the date each waterway for the authorized reach and at The Pine Mountain Dam feature of the of enactment of this Act; the authorized depth; and project for flood protection, Lee Creek, Arkansas

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.044 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5837 and Oklahoma, authorized by section 204 of the of an agreement for such planning and design if Water Conservation between the Department of Flood Control Act of 1965 (79 Stat. 1078), is the Secretary determines that such work is inte- the Army and the Orange County Water District modified— gral to such element. (including all the conditions and stipulations in (1) to add environmental restoration as a SEC. 3014. KAWEAH RIVER, CALIFORNIA. the memorandum) shall remain in effect for vol- project purpose; and The project for flood control, Terminus Dam, umes of water made available prior to such (2) to direct the Secretary to finance the non- Kaweah River, California, authorized by section modifications. Federal share of the cost of the project over a 101(b)(5) of the Water Resources Development SEC. 3022. SACRAMENTO AND AMERICAN RIVERS 30-year period in accordance with section 103(k) Act of 1996 (110 Stat. 3658), is modified to direct FLOOD CONTROL, CALIFORNIA. of the Water Resources Development Act of 1986 the Secretary to credit toward the non-Federal (a) DETERMINATION OF FEDERAL COSTS PAID (33 U.S.C. 2213(k)). share of the cost of the project, or provide reim- BY NON-FEDERAL INTEREST.— SEC. 3008. SAINT FRANCIS BASIN, ARKANSAS. bursement not to exceed $800,000, for the costs of (1) FEDERAL COSTS PAID BY NON-FEDERAL IN- The project for flood control, Saint Francis any work carried out by the non-Federal inter- TEREST.—The Secretary shall determine the Basin, Missouri and Arkansas, authorized by est before, on, or after the date of the project amount paid by the Sacramento Area Flood section 204 of the Flood Control Act of 1950 (64 partnership agreement if the Secretary deter- Control Agency towards the Federal share of Stat. 172), is modified to authorize the Secretary mines that the work is integral to the project. the cost of the project for the Natomas levee fea- to construct improvements along Ditch No. 1 SEC. 3015. LARKSPUR FERRY CHANNEL, LARK- tures authorized by section 9159(b) of the De- that consist of a gated culvert through the Saint SPUR, CALIFORNIA. partment of Defense Appropriations Act, 1993 Francis Levee and related channel improve- The project for navigation, Larkspur Ferry (106 Stat. 1944) of the project for flood control ments. Channel, Larkspur, California, authorized by and recreation, Sacramento and American Riv- SEC. 3009. AMERICAN RIVER WATERSHED, CALI- section 601(d) of the Water Resources Develop- ers, California. FORNIA. ment Act of 1986 (100 Stat. 4148), is modified to (2) REIMBURSEMENTS TO NON-FEDERAL INTER- Section 128 of Public Law 108–137 (117 Stat. direct the Secretary to determine whether main- EST.—The Secretary shall determine the amount 1838) is amended by adding at the end the fol- tenance of the project is feasible, and if the Sec- of reimbursements paid to the Sacramento Flood lowing: retary determines that maintenance of the Control Agency for payment of the Federal ‘‘(c) DAM SAFETY MODIFICATIONS AT L.L. AN- project is feasible, to carry out such mainte- share of the cost of the project referred to in DERSON DAM.—In determining improvements for nance. paragraph (1). dam safety that are necessary at the L.L. An- SEC. 3016. LLAGAS CREEK, CALIFORNIA. (3) DETERMINATION OF FEDERAL SHARE.—In derson Dam, the Secretary shall consider the The project for flood damage reduction, carrying out paragraph (1), the Secretary shall without-project condition to be the dam as it ex- Llagas Creek, California, authorized by section include in the total cost of the project all costs isted on December 1, 2003. 501(a) of the Water Resources Development Act of the following activities that the Secretary de- ‘‘(d) COST ALLOCATION.—In allocating costs of 1999 (113 Stat. 333), is modified to authorize termines to be integral to the project: for the project authorized in subsection (a), the the Secretary to carry out the project at a total (A) Planning, engineering, and construction. Secretary shall use the project cost allocations cost of $105,000,000. (B) Acquisition of project lands, easements, for flood damage reduction and dam safety that and rights-of-way. SEC. 3017. LOS ANGELES HARBOR, CALIFORNIA. are contained in the American River Watershed, (C) Performance of relocations. California, long-term study final supplemental The project for navigation, Los Angeles Har- (D) Environmental mitigation for all project plan formulation report dated February 2002.’’. bor, California, authorized by section 101(b)(5) elements. of the Water Resources Development Act of 2000 (b) CREDIT.— SEC. 3010. COMPTON CREEK, CALIFORNIA. (114 Stat. 2577), is modified to authorize the Sec- The project for flood control, Los Angeles (1) IN GENERAL.—The Secretary shall credit to- retary to carry out the project at a total cost of ward the non-Federal share of the cost of any Drainage Area, California, authorized by sec- $222,000,000. tion 101(b) of the Water Resources Development flood damage reduction project, authorized be- Act of 1990 (104 Stat. 4611), is modified to add SEC. 3018. MAGPIE CREEK, CALIFORNIA. fore the date of enactment of this Act, for which environmental restoration and recreation as (a) IN GENERAL.—The project for Magpie the non-Federal interest is the Sacramento Area project purposes. Creek, California, authorized under section 205 Flood Control Agency an amount equal to the of the Flood Control Act of 1948 (33 U.S.C. 701s), SEC. 3011. GRAYSON CREEK/MURDERER’S CREEK, total amount determined under subsection (a)(1) CALIFORNIA. is modified to direct the Secretary to apply the reduced by the amount determined under sub- The project for aquatic ecosystem restoration, cost-sharing requirements of section 103(b) of section (a)(2). Grayson Creek/Murderer’s Creek, California, the Water Resources Development Act of 1986 (2) ALLOCATION OF CREDIT.—The Secretary being carried out under section 206 of the Water (100 Stat. 4085) for the portion of the project shall allocate the amount to be credited under Resources Development Act of 1996 (33 U.S.C. consisting of land acquisition to preserve and paragraph (1) toward the non-Federal share of 2330), is modified to direct the Secretary to cred- enhance existing floodwater storage. such projects as are requested by the Sac- (b) CREDIT.—The Secretary shall credit to- it toward the non-Federal share of the cost of ramento Area Flood Control Agency. ward the non-Federal share of the cost of the the project the cost of work carried out by the SEC. 3023. SACRAMENTO DEEP WATER SHIP project the cost of planning and design work non-Federal interest before the date of the part- CHANNEL, CALIFORNIA. carried out by the non-Federal interest before nership agreement for the project if the Sec- The project for navigation, Sacramento Deep the date of the partnership agreement for the retary determines that the work is integral to Water Ship Channel, California, authorized by project if the Secretary determines that the work the project and to authorize the Secretary to section 202(a) of the Water Resources Develop- is integral to the project. consider national ecosystem restoration benefits ment Act of 1986 (100 Stat. 4092), is modified to in determining the Federal interest in the SEC. 3019. PACIFIC FLYWAY CENTER, SAC- direct the Secretary to credit toward the non- project. RAMENTO, CALIFORNIA. Federal share of the cost of the project the cost The project for aquatic ecosystem restoration, SEC. 3012. HAMILTON AIRFIELD, CALIFORNIA. of planning and design work carried out by the Pacific Flyway Center, Sacramento, California, The project for environmental restoration, non-Federal interest before the date of the part- being carried out under section 206 of the Water Hamilton Airfield, California, authorized by sec- nership agreement for the project if the Sec- Resources Development Act of 1996 (33 U.S.C. tion 101(b)(3) of the Water Resources Develop- retary determines that the work is integral to 2330), is modified to authorize the Secretary to ment Act of 1999 (113 Stat. 279), is modified to the project. expend $2,000,000 to enhance public access to direct the Secretary to construct the project sub- SEC. 3024. SACRAMENTO RIVER, GLENN-COLUSA, the project. stantially in accordance with the report of the CALIFORNIA. Chief of Engineers dated July 19, 2004, at a total SEC. 3020. PINOLE CREEK, CALIFORNIA. The project for flood control, Sacramento cost of $205,226,000, with an estimated Federal The project for improvement of the quality of River, California, authorized by section 2 of the cost of $153,840,000 and an estimated non-Fed- the environment, Pinole Creek Phase I, Cali- Act entitled ‘‘An Act to provide for the control eral cost of $51,386,000. fornia, being carried out under section 1135 of of the floods of the Mississippi River and of the the Water Resources Development Act of 1986 SEC. 3013. JOHN F. BALDWIN SHIP CHANNEL AND Sacramento River, California, and for other STOCKTON SHIP CHANNEL, CALI- (33 U.S.C. 2309a), is modified to direct the Sec- purposes’’, approved March 1, 1917 (39 Stat. FORNIA. retary to credit toward the non-Federal share of 949), and modified by section 102 of the Energy The project for navigation, San Francisco to the cost of the project the cost of work carried and Water Development Appropriations Act, Stockton, California, authorized by section 301 out by the non-Federal interest before the date 1990 (103 Stat. 649), section 301(b)(3) of the of the River and Harbor Act of 1965 (79 Stat. of the partnership agreement for the project if Water Resources Development Act of 1996 (110 1091) is modified— the Secretary determines that the work is inte- Stat. 3110), title I of the Energy and Water De- (1) to provide that the non-Federal share of gral to the project. velopment Appropriations Act, 1999 (112 Stat. the cost of the John F. Baldwin Ship Channel SEC. 3021. PRADO DAM, CALIFORNIA. 1841), and section 305 of the Water Resources and Stockton Ship Channel element of the Upon completion of the modifications to the Development Act of 1999 (113 Stat. 299), is fur- project may be provided in the form of in-kind Prado Dam element of the project for flood con- ther modified to direct the Secretary to credit services and materials; and trol, Santa Ana River Mainstem, California, au- the non-Federal interest up to $4,000,000 toward (2) to direct the Secretary to credit toward the thorized by section 401(a) of the Water Re- the non-Federal share of the cost of the project non-Federal share of the cost of such element sources Development Act of 1986 (100 Stat. 4113), for costs incurred by the non-Federal interest in the cost of planning and design work carried the Memorandum of Agreement for the Oper- carrying out activities (including the provision out by the non-Federal interest before the date ation for Prado Dam for Seasonal Additional of lands, easements, rights-of-way, relocations,

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.044 H14PT1 H5838 CONGRESSIONAL RECORD — HOUSE July 14, 2005 and dredged material disposal areas) associated 2330), is modified to direct the Secretary to cred- ida, authorized under section 201 of the Flood with environmental compliance for the project if it toward the non-Federal share of the cost of Control Act of 1965 (79 Stat. 1073) by Senate the Secretary determines that the activities are the project the cost of work carried out by the Resolution dated December 17, 1970, and by integral to the project. non-Federal interest before the date of the part- House Resolution dated December 15, 1970, and SEC. 3025. SANTA CRUZ HARBOR, CALIFORNIA. nership agreement for the project if the Sec- modified by section 309 of the Water Resources The project of navigation, Santa Cruz Harbor, retary determines that the work is integral to Development Act of 2000 (114 Stat. 2602), is fur- California, authorized by section 101 of the the project and to authorize the Secretary to ther modified to direct the Secretary to credit to- River and Harbor Act of 1958 (72 Stat. 300) and consider national ecosystem restoration benefits ward the non-Federal share of the cost of the modified by section 809 of the Water Resources in determining the Federal interest in the project the cost of work carried out by the non- Development Act of 1986 (100 Stat. 4168) and sec- project. Federal interest before the date of the partner- tion 526 of the Water Resources Development SEC. 3031. YUBA RIVER BASIN PROJECT, CALI- ship agreement for the project if the Secretary Act of 1999 (113 Stat. 346), is modified to direct FORNIA. determines that the work is integral to the the Secretary— The project for flood damage reduction, Yuba project. (1) to renegotiate the memorandum of agree- River Basin, California, authorized by section SEC. 3037. JACKSONVILLE HARBOR, FLORIDA. ment with the non-Federal interest to increase 101(a)(10) of the Water Resources Development (a) IN GENERAL.—The project for navigation, the annual payment to reflect the updated cost Act of 1999 (113 Stat. 275), is modified— Jacksonville Harbor, Florida, authorized by sec- of operation and maintenance that is the Fed- (1) to authorize the Secretary to construct the tion 101(a)(17) of the Water Resources Develop- eral and non-Federal share as provided by law project at a total cost of $107,700,000, with an es- ment Act of 1999 (113 Stat. 276), is modified to based on the project purpose; and timated Federal cost of $70,000,000 and an esti- authorize the Secretary to extend the navigation (2) to revise the memorandum of agreement to mated non-Federal cost of $37,700,000; and features in accordance with the Report of the include terms that revise such payments for in- (2) to direct the Secretary to credit toward the Chief of Engineers, dated July 22, 2003, at a flation. non-Federal share of the cost of the project the total cost of $14,658,000, with an estimated Fed- SEC. 3026. SEVEN OAKS DAM, CALIFORNIA. cost of work carried out by the non-Federal in- eral cost of $9,636,000 and an estimated non- The project for flood control, Santa Ana terest before the date of the partnership agree- Federal cost of $5,022,000. Mainstem, authorized by section 401(a) of the ment for the project if the Secretary determines (b) GENERAL REEVALUATION REPORTS.—The Water Resources Development Act of 1986 (100 that the work is integral to the project. non-Federal share of the cost of the general re- Stat. 4113) and modified by section 104 of the SEC. 3032. INTRACOASTAL WATERWAY, DELAWARE evaluation report that resulted in the report of Energy and Water Development Appropriations RIVER TO CHESAPEAKE BAY, DELA- the Chief of Engineers for the project and the Act, 1988 (101 Stat. 1329–11), section 102(e) of the WARE AND MARYLAND. non-Federal share of the cost of the general re- Water Resources Development Act of 1990 (104 The project for navigation, Intracoastal Wa- evaluation report for Jacksonville Harbor, Flor- Stat. 4611), and section 311 of the Water Re- terway, Delaware River to Chesapeake Bay, ida, being conducted on June 1, 2005, shall each sources Development Act of 1996 (110 Stat. 3713), Delaware and Maryland, authorized by the first be the same percentage as the non-Federal share is further modified to direct the Secretary to section of the Rivers and Harbors Act of August of the cost of construction of the project. conduct a study for the reallocation of water 30, 1935 (49 Stat. 1030), and section 101 of the (c) AGREEMENT.—The Secretary shall enter storage at the Seven Oaks Dam, California, for River and Harbor Act of 1954 (68 Stat. 1249), is into new partnership agreements with the non- water conservation. modified to add recreation as a project purpose. Federal interest to reflect the cost sharing re- SEC. 3027. UPPER GUADALUPE RIVER, CALI- SEC. 3033. BREVARD COUNTY, FLORIDA. quired by subsection (b). FORNIA. (a) SHORELINE.—The project for shoreline pro- SEC. 3038. LIDO KEY BEACH, SARASOTA, FLORIDA. The project for flood damage reduction and tection, Brevard County, Florida, authorized by (a) IN GENERAL.—The project for shore protec- recreation, Upper Guadalupe River, California, section 101(b)(7) of the Water Resources Devel- tion, Lido Key Beach, Sarasota, Florida, au- described as the Bypass Channel Plan of the opment Act of 1996 (110 Stat. 3667), is modified— thorized by section 101 of the River and Harbor Chief of Engineers dated August 19, 1998, au- (1) to direct the Secretary to establish the Act of 1970 (84 Stat. 1819), deauthorized under thorized by section 101(a)(9) of the Water Re- reach of the project as the reach between the section 1001(b) of the Water Resources Develop- sources Development Act of 1999 (113 Stat. 275), Florida department of environmental protection ment Act of 1986 (33 U.S.C. 579a(b)), and reau- is modified to authorize the Secretary to con- monuments 75.4 to 118.3, a distance of 7.6 miles; thorized by section 364(2)(A) of the Water Re- struct the project, at a total cost of $212,100,000, and sources Development Act of 1999 (113 Stat. 313), with an estimated Federal cost of $106,050,000, (2) to direct the Secretary to expedite the gen- is modified to direct the Secretary to construct and an estimated non-Federal cost of eral reevaluation report required by section 418 the project substantially in accordance with the $106,050,000. The non-Federal share of the cost of the Water Resources Development Act of 2000 report of the Chief of Engineers dated December of the project shall be subject to section 103(a)(3) (114 Stat. 2637). 22, 2004, at a total cost of $14,809,000, with an of the Water Resources Development Act of 1986 (b) CREDIT.—Section 310 of the Water Re- estimated Federal cost of $9,088,000 and an esti- (33 U.S.C. 2213(a)(3)). sources Development Act of 1999 (113 Stat. 301) mated non-Federal cost of $5,721,000, and at an SEC. 3028. WALNUT CREEK CHANNEL, CALI- is amended by adding at the end the following: estimated total cost of $58,635,000 for periodic FORNIA. ‘‘(d) CREDIT.—After completion of the study, nourishment over the 50-year life of the project. The project for aquatic ecosystem restoration, the Secretary shall credit toward the non-Fed- (b) CONSTRUCTION OF SHORELINE PROTECTION Walnut Creek Channel, California, being car- eral share of the cost of the project the cost of PROJECTS BY NON-FEDERAL INTERESTS.—The ried out under section 206 of the Water Re- nourishment and renourishment associated with Secretary shall enter into a partnership agree- sources Development Act of 1996 (33 U.S.C. the shore protection project incurred by the ment with the non-Federal sponsor in accord- 2330), is modified to direct the Secretary to cred- non-Federal interest to respond to damages to ance with section 206 of the Water Resources it toward the non-Federal share of the cost of Brevard County beaches that are the result of a Development Act of 1992 (33 U.S.C. 426i–1) for the project the cost of work carried out by the Federal navigation project, as determined in the the modified project. non-Federal interest before the date of the part- final report for the study.’’. SEC. 3039. MIAMI HARBOR, FLORIDA. nership agreement for the project if the Sec- SEC. 3034. BROWARD COUNTY AND HILLSBORO The project for navigation, Miami Harbor retary determines that the work is integral to INLET, FLORIDA. Channel, Florida, authorized by section the project and to authorize the Secretary to The project for shore protection, Broward 101(a)(9) of the Water Resources Development consider national ecosystem restoration benefits County and Hillsboro Inlet, Florida, authorized Act of 1990 (104 Stat. 4606) and modified by sec- in determining the Federal interest in the by section 301 of the River and Harbor Act of tion 315 of the Water Resources Development project. 1965 (79 Stat. 1090), and modified by section 311 Act of 1999 (113 Stat. 302), is further modified— SEC. 3029. WILDCAT/SAN PABLO CREEK PHASE I, of the Water Resources Development Act of 1999 (1) to include as a project purpose environ- CALIFORNIA. (113 Stat. 301), is further modified to direct the mental mitigation required before July 18, 2003, The project for improvement of the quality of Secretary to credit toward the non-Federal by a Federal, State, or local environmental the environment, Wildcat/San Pablo Creek share of the cost of the project the cost of miti- agency for unauthorized or unanticipated envi- Phase I, California, being carried out under sec- gation construction and derelict erosion control ronmental impacts within, or in the vicinity of, tion 1135 of the Water Resources Development structure removal carried out by the non-Fed- the authorized project; and Act of 1986 (33 U.S.C. 2309a), is modified to di- eral interest before the date of the partnership (2) to direct the Secretary to reimburse the rect the Secretary to credit toward the non-Fed- agreement for the project if the Secretary deter- non-Federal interest for costs it has incurred in eral share of the cost of the project the cost of mines that the work is integral to the project. construction of the project in accordance with work carried out by the non-Federal interest be- SEC. 3035. CANAVERAL HARBOR, FLORIDA. section 204 of the Water Resources Development fore the date of the partnership agreement for In carrying out the project for navigation, Ca- Act of 1986 (33 U.S.C. 2232). the project if the Secretary determines that the naveral Harbor, Florida, authorized by section SEC. 3040. PEANUT ISLAND, FLORIDA. work is integral to the project. 101 of the River and Harbor Act of 1962 (76 Stat. The maximum amount of Federal funds that SEC. 3030. WILDCAT/SAN PABLO CREEK PHASE II, 1174), the Secretary shall construct a sediment may be expended for the project for improvement CALIFORNIA. trap. of the quality of the environment, Peanut Is- The project for aquatic ecosystem restoration, SEC. 3036. GASPARILLA AND ESTERO ISLANDS, land, Palm Beach County, Florida, being car- Wildcat/San Pablo Creek Phase II, California, FLORIDA. ried out under section 1135 of the Water Re- being carried out under section 206 of the Water The project for shore protection, Gasparilla sources Development Act of 1986 (33 U.S.C. Resources Development Act of 1996 (33 U.S.C. and Estero Island segments, Lee County, Flor- 2309a) shall be $9,750,000.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.044 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5839 SEC. 3041. TAMPA HARBOR-BIG BEND CHANNEL, SEC. 3045. DWORSHAK DAM AND RESERVOIR IM- flood control, and for other purposes’’, approved FLORIDA. PROVEMENTS, IDAHO. August 18, 1941 (33 U.S.C. 701n). The project for navigation, Tampa Harbor-Big The Secretary may carry out improvements to SEC. 3051. LASALLE, ILLINOIS. Bend Channel, Florida, authorized by section recreational facilities at the Dworshak Dam and In carrying out section 312 of the Water Re- 101(a)(18) of the Water Resources Development Reservoir, North Fork, Clearwater River, Idaho, sources Development Act of 1990 (104 Stat. 4639– Act of 1999 (113 Stat. 276) is modified to direct authorized by section 203 of the Flood Control 4640), the Secretary shall give priority to work the Secretary to credit toward the non-Federal Act of 1962 (76 Stat. 1193), to accommodate lower in the vicinity of LaSalle, Illinois, on the Illinois share of the cost of the project the cost of plan- pool levels. and Michigan Canal. ning, design, and construction work carried out SEC. 3046. BEARDSTOWN COMMUNITY BOAT HAR- SEC. 3052. SPUNKY BOTTOMS, ILLINOIS. by the non-Federal interest before the date of BOR, BEARDSTOWN, ILLINOIS. (a) PROJECT PURPOSE.—The project for flood the partnership agreement for the project if the (a) PARTNERSHIP AGREEMENT.—The project for control, Spunky Bottoms, Illinois, authorized by Secretary determines that the work is integral to navigation, Muscooten Bay, Illinois River, section 5 of the Flood Control Act of June 26, the project. Beardstown Community Boat Harbor, 1936 (35 Stat. 1584), is modified to add environ- SEC. 3042. TAMPA HARBOR CUT B, FLORIDA. Beardstown, Illinois, constructed under section mental restoration as a project purpose. (a) IN GENERAL.—The project for navigation, 107 of the River and Harbor Act of 1960 (33 (b) MAXIMUM AMOUNT.—The maximum Tampa Harbor, Florida, authorized by section U.S.C. 577), is modified to direct the Secretary to amount of Federal funds that may be expended 101 of the River and Harbor Act of 1970 (84 Stat. enter into a partnership agreement with the city for the project for improvement of the quality of 1818), is modified to authorize the Secretary to of Beardstown to replace the August 18, 1983, the environment, Spunky Bottoms, Illinois, construct passing lanes in an area approxi- local cooperation agreement with the being carried out under section 1135 of the mately 3.5 miles long and centered on Tampa Beardstown Community Park District. The part- Water Resources Development Act of 1986 (33 Harbor Cut B if the Secretary determines that nership agreement shall include the same rights U.S.C. 2309a), shall be $7,500,000. such improvements are necessary for navigation and responsibilities as the agreement, changing (c) LIMITATION.—Nothing in this section shall safety. only the identity of the non-Federal sponsor. affect the eligibility of the project for emergency (b) GENERAL REEVAULATION REPORT.—The (b) MAINTENANCE.—Following execution of the non-Federal share of the cost of the general re- partnership agreement referred to in subsection repair assistance under section 5(a) of the Act evaluation report for Tampa Harbor, Florida, (a), the Secretary may carry out maintenance of entitled ‘‘An Act authorizing the construction of being conducted on June 1, 2005, shall be the the project referred to in subsection (a) on an certain public works on rivers and harbors for same percentage as the non-Federal share of the annual basis. flood control, and for other purposes’’, approved August 18, 1941 (33 U.S.C. 701n). cost of construction of the project. SEC. 3047. CACHE RIVER LEVEE, ILLINOIS. (c) AGREEMENT.—The Secretary shall enter The Cache River Levee portion of the project SEC. 3053. FORT WAYNE AND VICINITY, INDIANA. into a new partnership agreement with the non- for flood control, Cache River, Illinois, author- The project for flood control Fort Wayne, St. Federal interest to reflect the cost sharing re- ized by the Act of June 28, 1938 (52 Stat. 1215), Mary’s and Maumee Rivers, Indiana, author- quired by subsection (b). is modified to add environmental restoration as ized by section 101(a)(11) of the Water Resources SEC. 3043. ALLATOONA LAKE, GEORGIA. a project purpose. Development Act of 1990 (104 Stat. 4604), is modified— (a) LAND EXCHANGE.— SEC. 3048. CHICAGO RIVER, ILLINOIS. (1) to direct the Secretary to provide a 100- (1) IN GENERAL.—The Secretary may exchange The navigation channel for the North Branch year level of flood protection at the Berry- lands above 863 feet in elevation at Allatoona Canal portion of the Chicago River, authorized Thieme, Park-Thompson, Woodhurst, and Till- Lake, Georgia, identified in the Real Estate De- by the first section of the Rivers and Harbors man sites along the St. Mary’s River, Fort sign Memorandum prepared by the Mobile dis- Appropriations Act of March 3, 1899 (30 Stat. Wayne and vicinity, Indiana, at a total cost of trict engineer, April 5, 1996, and approved Octo- 1129), extending from 100 feet downstream of the $5,300,000; and ber 8, 1996, for lands on the north side of Halsted Street Bridge to 100 feet upstream of the (2) to allow the non-Federal interest to par- Allatoona Lake that are needed for wildlife Division Street Bridge is modified to be no wider ticipate in the financing of the project in ac- management and for protection of the water than 66 feet. quality and overall environment of Allatoona cordance with section 903(c) of the Water Re- SEC. 3049. CHICAGO SANITARY AND SHIP CANAL, sources Development Act of 1986 (100 Stat. 4184) Lake. ILLINOIS. (2) TERMS AND CONDITIONS.—The basis for all to the extent that the Secretary’s evaluation in- (a) EXISTING BARRIER.—The Secretary shall land exchanges under this subsection shall be a dicates that applying such section is necessary upgrade and make permanent, at Federal ex- fair market appraisal so that lands exchanged to implement the project. pense, the existing Chicago Sanitary and Ship are of equal value. SEC. 3054. KOONTZ LAKE, INDIANA. Canal Dispersal Barrier Chicago, Illinois, con- (b) DISPOSAL AND ACQUISITION OF LANDS, structed as a demonstration project under sec- The project for aquatic ecosystem restoration, ALLATOONA LAKE, GEORGIA.— tion 1202(i)(3) of the Nonindigenous Aquatic Koontz Lake, Indiana, being carried out under (1) IN GENERAL.—The Secretary may also sell Nuisance Prevention and Control Act of 1990 (16 section 206 of the Water Resources Development lands above 863 feet in elevation at Allatoona Act of 1996 (33 U.S.C. 2330) and modified by sec- Lake, Georgia, identified in the memorandum U.S.C. 4722(i)(3)). (b) OPERATION AND MAINTENANCE.—The bar- tion 520 of the Water Resources Development referred to in subsection (a)(1) and may use the rier referred to in subsection (a) and the barrier Act of 2000 (114 Stat. 2655), is further modified proceeds to pay costs associated with the pur- in the Chicago Sanitary and Ship Canal being to direct the Secretary to seek to reduce the cost chase of lands needed for wildlife management constructed under section 1135 of the Water Re- of the project by using innovative technologies and for protection of the water quality and sources Development Act of 1986 (33 U.S.C. and cost reduction measures determined from a overall environment of Allatoona Lake. 2309a) shall be operated and maintained, at review of non-Federal lake dredging projects in (2) TERMS AND CONDITIONS.—Land sales and the vicinity of Koontz Lake. purchases to be conducted under this subsection Federal expense, as a system in a manner to op- SEC. 3055. LITTLE CALUMET RIVER, INDIANA. shall be subject to the following terms and con- timize effectiveness. Operation and maintenance The project for flood control, Little Calumet ditions: includes investigating and eliminating potential River, Indiana, authorized by section 401(a) of (A) Lands acquired under this subsection pathways that may allow aquatic species in the the Water Resources Development Act of 1986 shall be by negotiated purchase from willing Des Plaines River and Illinois and Michigan (100 Stat. 4115), is modified to authorize the Sec- sellers only. Canal to bypass the barriers in the Chicago (B) The basis for all transactions under the Sanitary and Ship Canal. retary to carry out the project in accordance program shall be a fair market appraisal accept- (c) FEASIBILITY STUDY.—The Secretary, in with the postauthorization change report dated able to the Secretary. consultation with appropriate Federal, State, August 2000, at a total cost of $198,000,000, with (C) The purchasers shall share in the associ- local, and nongovernmental entities, shall con- an estimated Federal cost of $148,500,000 and an ated environmental and real estate costs, to in- duct a feasibility study, at Federal expense, of estimated non-Federal cost of $49,500,000. clude surveys and associated fees in accordance the range of options and technologies available SEC. 3056. WHITE RIVER, INDIANA. with the memorandum referred to in subsection to prevent the spread of aquatic species between The project for flood control, Indianapolis on (a)(1). the Great Lakes and Mississippi River Basins West Fork of White River, Indiana, authorized (D) Any other conditions that the Secretary through the Chicago Sanitary and Ship Canal by section 5 of the Act entitled ‘‘An Act author- may impose. and other pathways. izing the construction of certain public works on (c) REPEAL.—Section 325 of the Water Re- SEC. 3050. EMIQUON, ILLINOIS. rivers and harbors for flood control, and for sources Development Act of 1992 (106 Stat. 4849) (a) MAXIMUM AMOUNT.—The maximum other purposes’’, approved June 22, 1936 (49 is repealed. amount of Federal funds that may be expended Stat. 1586), and modified by section 323 of the SEC. 3044. LATHAM RIVER, GLYNN COUNTY, GEOR- for the project for aquatic ecosystem restoration, Water Resources Development Act of 1996 (110 GIA. Emiquon, Illinois, being carried out under sec- Stat. 3716) and section 322 of the Water Re- The maximum amount of Federal funds that tion 206 of the Water Resources Development sources Development Act of 1999 (113 Stat. 303– may be expended for the project for improvement Act of 1996 (33 U.S.C. 2330), shall be $7,500,000. 304), is further modified— of the quality of the environment, Latham (b) LIMITATION.—Nothing in this section shall (1) to authorize the Secretary to undertake the River, Glynn County, Georgia, being carried out affect the eligibility of the project for emergency riverfront alterations described in the Central under section 1135 of the Water Resources De- repair assistance under section 5(a) of the Act Indianapolis Waterfront Concept Plan, dated velopment Act of 1986 (33 U.S.C. 2309a) shall be entitled ‘‘An Act authorizing the construction of February 1994, for the Fall Creek Reach feature $6,175,000. certain public works on rivers and harbors for at a total cost of $28,545,000; and

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.044 H14PT1 H5840 CONGRESSIONAL RECORD — HOUSE July 14, 2005 (2) to direct the Secretary to credit toward the the Secretary determines that the work is inte- entitled ‘‘An Act making appropriations for the non-Federal share of the cost of the project the gral to the project. construction, repair, and preservation of certain cost of planning, design, and construction work SEC. 3062. ATCHAFALAYA BASIN FLOODWAY SYS- public works on rivers and harbors, and for carried out by the non-Federal interest before TEM, LOUISIANA. other purposes’’, approved June 3, 1896 (29 Stat. the date of the partnership agreement for the The public access feature of the Atchafalaya 215), is modified by redesignating as an anchor- project if the Secretary determines that the work Basin Floodway System project, Louisiana, au- age area that portion of the project consisting of is integral to the project. thorized by section 601(a) of the Water Re- a 6-foot turning basin and lying northerly of a SEC. 3057. DES MOINES RIVER AND GREENBELT, sources Development Act 1986 (100 Stat. 4142), is line commencing at a point N315,975.13, IOWA. modified to authorize the Secretary to acquire E1,004,424.86, thence running north 61 degrees The project for the Des Moines Recreational from willing sellers the fee interest, exclusive of 27 minutes 20.71 seconds west about 132.34 feet River and Greenbelt, Iowa, authorized by Public oil, gas, and minerals, of an additional 20,000 to a point N316,038.37, E1,004,308.61. Law 99–88 and modified by section 604 of the acres of land within the Lower Atchafalaya SEC. 3069. GWYNNS FALLS WATERSHED, BALTI- Water Resources Development Act of 1986 (100 Basin Floodway for the public access feature of MORE, MARYLAND. Stat. 4153), is modified to include enhanced pub- the Atchafalaya Basin Floodway System, to en- (a) IN GENERAL.—The Secretary shall carry lic access and recreational enhancements, at a hance fish and wildlife resources, at a total cost out the project for ecosystem restoration, Federal cost of $3,000,000. of $4,000,000. Gwynns Falls, Maryland, in accordance with SEC. 3058. PRESTONSBURG, KENTUCKY. SEC. 3063. J. BENNETT JOHNSTON WATERWAY, the Baltimore Metropolitan Water Resources MISSISSIPPI RIVER TO SHREVEPORT, Gwynns Falls Watershed Study-Draft Feasi- The Prestonsburg, Kentucky, element of the LOUISIANA. project for flood control, Levisa and Tug Fork The project for mitigation of fish and wildlife bility Report and Integrated Environmental As- of the Big Sandy and Cumberland Rivers, West losses, J. Bennett Johnston Waterway, Mis- sessment prepared by the Corps of Engineers Virginia, Virginia, and Kentucky, authorized by sissippi River to Shreveport, Louisiana, author- and the city of Baltimore, Maryland, dated section 202(a) of the Energy and Water Develop- ized by section 601(a) of the Water Resources April 2004. ment Appropriations Act, 1981 (94 Stat. 1339), is Development Act of 1986 (100 Stat. 4142) and (b) SPECIAL RULE FOR GWYNNS FALLS, MARY- modified to direct the Secretary to take measures modified by section 4(h) of the Water Resources LAND.—The report on the project for environ- to provide a 100-year level of flood protection for Development Act of 1988 (102 Stat. 4016), section mental restoration at Gwynns Falls, Maryland, the city of Prestonsburg. 102(p) of the Water Resources Development Act shall be treated as being consistent and in com- SEC. 3059. AMITE RIVER AND TRIBUTARIES, LOU- of 1990 (104 Stat. 4613), section 301(b)(7) of the pliance with the consent decree entered into be- ISIANA, EAST BATON ROUGE PARISH Water Resources Development Act of 1996 (110 tween the United States and the Mayor and WATERSHED. Stat. 3710), and section 316 of the Water Re- City Council of Baltimore, Maryland, filed with The project for flood damage reduction and sources Development Act of 2000 (114 Stat. 2572), the United States District Court for the District recreation, Amite River and Tributaries, Lou- is further modified— of Maryland on April 26, 2002. isiana, East Baton Rouge Parish Watershed, (1) to authorize the purchase and reforesting (c) REPEAL.—Section 123 of Public Law 108– authorized by section 101(a)(21) of the Water lands that have been cleared or converted to ag- 137 (117 Stat. 1837) is repealed. Resources Development Act of 1999 (113 Stat. ricultural uses; and SEC. 3070. BOSTON HARBOR, MASSACHUSETTS. 277) and modified by section 116 of division D of (2) to incorporate current wildlife and forestry The project for navigation, Boston Harbor, Public Law 108–7 (117 Stat. 140), is further modi- management practices for the purpose of im- Massachusetts, authorized by section 101(a)(13) fied— proving species diversity on mitigation lands of the Water Resources Development Act of 1990 (1) to direct the Secretary to carry out the that meet Federal and State of Louisiana habi- (104 Stat. 4607), is modified to provide that no project with the cost sharing for the project de- tat goals and objectives. funds may be expended for the dredging of Chel- termined in accordance with section 103(a) of SEC. 3064. MISSISSIPPI DELTA REGION, LOU- sea Creek until the city of Boston and the the Water Resources Development Act of 1986 ISIANA. United States Coast Guard complete the replace- (33 U.S.C. 2213(a)), as in effect on October 11, The Mississippi Delta Region project, Lou- ment of the Chelsea Street Bridge, as identified 1996; isiana, authorized as part of the project for hur- in the limited reevaluation report for the project (2) to authorize the Secretary to construct the ricane-flood protection on Lake Pontchartrain, dated June 1996. project at a total cost of $178,000,000; and Louisiana, by section 204 of the Flood Control Act of 1965 (79 Stat. 1077) and modified by sec- SEC. 3071. DETROIT RIVER SHORELINE, DETROIT, (3) to direct the Secretary to credit toward the MICHIGAN. non-Federal share of the cost of the project the tion 365 of the Water Resources Development (a) IN GENERAL.—The project for emergency cost of work carried out by the non-Federal in- Act of 1996 (110 Stat. 3739), is further modified streambank and shoreline protection, Detroit terest before the date of the partnership agree- to direct the Secretary to credit toward the non- River Shoreline, Detroit, Michigan, being car- ment for the project if the Secretary determines Federal share of the cost of the project the costs ried out under section 14 of the Flood Control that the work is integral to the project. of relocating oyster beds in the Davis Pond project area if the Secretary determines that the Act of 1946 (33 U.S.C. 701r), is modified to in- SEC. 3060. ATCHAFALAYA BASIN, LOUISIANA. clude measures to enhance public access. (a) IN GENERAL.—Section 315(a)(1) of the work is integral to the Mississippi Delta Region project. (b) MAXIMUM FEDERAL EXPENDITURE.—The Water Resources Development Act of 2000 (114 maximum amount of Federal funds that may be SEC. 3065. NEW ORLEANS TO VENICE, LOUISIANA. Stat. 2603–2604) is amended to read as follows: expended for the project shall be $3,000,000. ‘‘(1) is authorized to study, design, construct, The New Orleans to Venice, Louisiana, SEC. 3072. ST. JOSEPH HARBOR, MICHIGAN. operate, and maintain, at Federal expense, a project for hurricane protection, authorized by Type A Regional Visitor Center in the vicinity section 203 of the Flood Control Act of 1962 (76 The Secretary shall expedite development of of Morgan City, Louisiana, in consultation with Stat. 1184), is modified to authorize the Sec- the dredged material management plan for the the State of Louisiana, to provide information retary to carry out the work on the St. Jude to project for navigation St. Joseph Harbor, Michi- to the public on the Atchafalaya River system City Price, Upper Reach A back levee. The Fed- gan, authorized by section 101 of the River and and other associated waterways that have influ- eral share of the cost of such work shall be 70 Harbor Act of 1958 (72 Stat. 299). enced surrounding communities, and national percent. SEC. 3073. SAULT SAINTE MARIE, MICHIGAN. and local water resources development of the SEC. 3066. WEST BANK OF THE MISSISSIPPI RIVER (a) IN GENERAL.—The text of section 1149 of Army Corps of Engineers in South Central Lou- (EAST OF HARVEY CANAL), LOU- the Water Resources Development Act of 1986 ISIANA. isiana; and’’. (100 Stat. 4254) is amended to read as follows: Section 328 of the Water Resources Develop- (b) TECHNICAL CORRECTION.—Section 315(b) of ‘‘The Secretary shall construct at Federal ex- ment Act of 1999 (113 Stat. 304–305) is amended— pense a second lock, of the same dimensions as such Act is amended by striking ‘‘(a)’’ and in- (1) in subsection (a)— the existing Poe Lock, adjacent to the existing serting ‘‘(a)(2)’’. (A) by striking ‘‘operation and maintenance’’ lock at Sault Sainte Marie, Michigan, generally (c) DONATIONS.—Section 315 of such Act is and inserting ‘‘operation, maintenance, reha- in accordance with the report of the Board of amended by adding at the end the following: bilitation, repair, and replacement’’; and ‘‘(c) DONATIONS.—In carrying out subsection (B) by striking ‘‘Algiers Channel’’ and insert- Engineers for Rivers and Harbors, dated May (a)(1), the Mississippi River Commission is au- ing ‘‘Algiers Canal Levees’’; and 19, 1986, and the limited reevaluation report thorized to accept the donation of cash, funds, (2) by adding at the end the following: dated February 2004 at a total cost of lands, materials, and services from non-Federal ‘‘(c) COST SHARING.—The non-Federal share $341,714,000.’’. governmental entities and nonprofit corpora- of the cost of the project shall be 35 percent.’’. (b) CONFORMING REPEALS.—The following tions.’’. SEC. 3067. CAMP ELLIS, SACO, MAINE. provisoins are repealed: SEC. 3061. BAYOU PLAQUEMINE, LOUISIANA. The maximum amount of Federal funds that (1) Section 107(a)(8) of the Water Resources The project for the improvement of the quality may be expended for the project being carried Development Act of 1990 (104 Stat. 4620). of the environment, Bayou Plaquemine, Lou- out under section 111 of the River and Harbor (2) Section 330 of the Water Resources Devel- isiana, being carried out under section 1135 of Act of 1968 (33 U.S.C. 426i) for the mitigation of opment Act of 1996 (110 Stat. 3717–3718). the Water Resources Development Act of 1986 shore damages attributable to the project for (3) Section 330 of the Water Resources Devel- (33 U.S.C. 2309(a)), is modified to direct the Sec- navigation, Camp Ellis, Saco, Maine, shall be opment Act of 1999 (113 Stat. 305). retary to credit toward the non-Federal share of $25,000,000. SEC. 3074. ADA, MINNESOTA. the cost of the project the cost of work carried SEC. 3068. UNION RIVER, MAINE. (a) IN GENERAL.—The project for flood dam- out by the non-Federal interest before the date The project for navigation, Union River, age reduction, Wild Rice River, Ada, Minnesota, of the partnership agreement for the project if Maine, authorized by the first section of the Act being carried out under section 205 of the Flood

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.044 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5841 Control Act of 1948 (33 U.S.C. 701s), is modified Rivers and Harbors Act of March 2, 1945 (59 costs associated with the locally preferred plan to authorize the Secretary to consider national Stat. 19), is modified to direct the Secretary to that are in excess of such costs, if the non-Fed- ecosystem restoration benefits in determining develop a final design and prepare plans and eral interest agrees to pay 100 percent of such the Federal interest in the project. specifications to correct the harbor entrance and incremental costs. (b) EVALUATION OF BENEFITS AND COSTS.—In mooring conditions at the project. (e) NON-FEDERAL COST SHARE.—If the locally evaluating the economic benefits and costs for SEC. 3079. RED LAKE RIVER, MINNESOTA. preferred plan is authorized for construction, the project, the Secretary shall not consider the The project for flood control, Red Lake River, the non-Federal share of the cost of the project emergency levee adjacent to Judicial Ditch No. Crookston, Minnesota, authorized by section shall be the same percentage as the non-Federal 51 in the determination of conditions existing 101(a)(23) of the Water Resources Development share of the cost of the national economic devel- prior to construction of the project. Act of 1999 (113 Stat. 278), is modified to include opment plan plus all additional costs of con- (c) SPECIAL RULE.—In evaluating and imple- flood protection for the adjacent and inter- struction associated with the locally preferred menting the project, the Secretary shall allow connected areas generally known as the Samp- plan. the non-Federal interest to participate in the fi- son and Chase/Loring neighborhoods, in accord- SEC. 3085. FESTUS AND CRYSTAL CITY, MISSOURI. nancing of the project in accordance with sec- ance with the Feasibility Report Supplement, tion 903(c) of the Water Resources Development Section 102(b)(1) of the Water Resources De- Local Flood Protection, Crookston, Minnesota, velopment Act of 1999 (113 Stat. 282) is amended Act of 1986 (100 Stat. 4184) to the extent that the at a total cost of $17,000,000, with an estimated Secretary’s evaluation indicates that applying by striking ‘‘$10,000,000’’ and inserting Federal cost of $11,000,000 and an estimated ‘‘$12,000,000’’. such section is necessary to implement the non-Federal cost of $6,000,000. project. SEC. 3086. MONARCH-CHESTERFIELD, MISSOURI. SEC. 3080. SILVER BAY, MINNESOTA. SEC. 3075. DULUTH HARBOR, MCQUADE ROAD, The project for flood damage reduction, Mon- The project for navigation, Silver Bay, Min- MINNESOTA. arch-Chesterfield, Missouri, authorized by sec- nesota, authorized by section 2 of the Rivers (a) IN GENERAL.—The project for navigation, tion 101(b)(18) of the Water Resources Develop- and Harbors Act of March 2, 1945 (59 Stat. 19), Duluth Harbor, McQuade Road, Minnesota, ment Act of 2000 (114 Stat. 2578), is modified to is modified to include operation and mainte- being carried out under section 107 of the River direct the Secretary to credit toward the non- nance of the general navigation facilities as a and Harbor Act of 1960 (33 U.S.C. 577) and Federal share of the cost of the project the cost Federal responsibility. modified by section 321 of the Water Resources of the planning, design, and construction work Development Act of 2000 (114 Stat. 2605), is fur- SEC. 3081. TACONITE HARBOR, MINNESOTA. carried out by the non-Federal interest before ther modified to authorize the Secretary to pro- The project for navigation, Taconite Harbor, the date of the partnership agreement for the vide public access and recreational facilities as Minnesota, carried out under section 107 of the project if the Secretary determines that the work generally described in the Detailed Project Re- River and Harbor Act of 1960 (33 U.S.C. 577), is is integral to the project. port and Environmental Assessment, McQuade modified to include operation and maintenance SEC. 3087. RIVER DES PERES, MISSOURI. Road Harbor of Refuge, Duluth, Minnesota, of the general navigation facilities as a Federal dated August 1999. responsibility. The projects for flood control, River Des Peres, Missouri, authorized by section 101(a)(17) (b) CREDIT.—The Secretary shall provide cred- SEC. 3082. TWO HARBORS, MINNESOTA. of the Water Resources Development Act of 1990 it toward the non-Federal share of the cost of (a) IN GENERAL.—The project for navigation, the project for the costs of design work carried (104 Stat. 4607) and section 102(13) of the Water Two Harbors, Minnesota, being carried out Resources Development Act of 1996 (110 Stat. out before the date of the partnership agreement under section 107 of the River and Harbor Act of for the project if the Secretary determines that 3668), are each modified to direct the Secretary 1960 (33 U.S.C. 577), is modified to include con- to credit toward the non-Federal share of the the work is integral to the project. struction of a dredged material disposal facility, (c) MAXIMUM FEDERAL EXPENDITURE.—The cost of the project the cost of work carried out including actions required to clear the site. by the non-Federal interest before the date of maximum amount of Federal funds that may be (b) LANDS, EASEMENTS, AND RIGHTS-OF- the partnership agreement for the project if the expended for the project shall be $5,000,000. WAY.—Non-Federal interests shall be respon- Secretary determines that the work is integral to SEC. 3076. GRAND PORTAGE HARBOR, MIN- sible for providing all lands, easements, rights- the project. NESOTA. of-way, and relocations necessary for the con- The Secretary shall provide credit toward the struction of the dredged material disposal facil- SEC. 3088. ANTELOPE CREEK, LINCOLN, NE- non-Federal share of the cost of the navigation BRASKA. ity. project for Grand Portage Harbor, Minnesota, (c) MAXIMUM FEDERAL EXPENDITURE.—The The project for flood damage reduction, Ante- carried out under section 107 of the River and maximum amount of Federal funds that may be lope Creek, Lincoln, Nebraska, authorized by Harbor Act of 1960 (33 U.S.C. 577) and modified expended for the project shall be $5,000,000. section 101(b)(19) of the Water Resources Devel- by section 312 of the Water Resources Develop- opment Act of 2000 (114 Stat. 2578), is modified— ment Act of 2000 (114 Stat. 2605), for the costs of SEC. 3083. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI. (1) to direct the Secretary to credit toward the design work carried out before the date of the The project for ecosystem restoration, Deer Is- non-Federal share of the cost of the project the partnership agreement for the project if the Sec- land, Harrison County, Mississippi, being car- cost of design, and construction work carried retary determines that the work is integral to ried out under section 204 of the Water Re- out by the non-Federal interest before the date the project. sources Development Act of 1992 (33 U.S.C. of the partnership agreement for the project if SEC. 3077. GRANITE FALLS, MINNESOTA. 2326), is modified to authorize the non-Federal the Secretary determines that the work is inte- (a) IN GENERAL.—The Secretary is directed to interest to provide any portion of the non-Fed- gral to the project; and implement under section 205 of the Flood Con- eral share of the cost of the project in the form (2) to allow the non-Federal sponsor for the trol Act of 1948 (33 U.S.C. 701s) the locally pre- of in-kind services and materials. project to use, and to direct the Secretary to ac- ferred plan for flood damage reduction, Granite cept, funds provided under any other Federal SEC. 3084. PEARL RIVER BASIN, MISSISSIPPI. Falls, Minnesota, substantially in accordance program, to satisfy, in whole or in part, the (a) IN GENERAL.—The Secretary shall com- with the detailed project report dated 2002, at a non-Federal share of the project if such funds plete a feasibility study for the project for flood total cost of $12,000,000, with an estimated Fed- are authorized to be used to carry out the damage reduction, Pearl River Watershed, Mis- eral cost of $8,000,000 and an estimated non- project. Federal cost of $4,000,000. sissippi. SEC. 3089. SAND CREEK WATERSHED, WAHOO, NE- (b) PROJECT FINANCING.—In evaluating and (b) COMPARISON OF ALTERNATIVES.—The fea- BRASKA. implementing the project under this section, the sibility study shall identify both the plan that Secretary shall allow the non-Federal interests maximizes national economic development bene- The project for ecosystem restoration and to participate in the financing of the project in fits and the locally preferred plan and shall flood damage reduction, Sand Creek watershed, accordance with section 903(c) of the Water Re- compare the level of flood damage reduction Wahoo, Nebraska, authorized by section sources Development Act of 1986 (100 Stat. 4184), provided by each plan to that portion of Jack- 101(b)(20) of the Water Resources Development to the extent that the detailed project report son, Mississippi, located below the Ross Barnett Act of 2000 (114 Stat. 2578), is modified— evaluation indicates that applying such section Reservoir Dam. (1) to direct the Secretary to provide credit to- is necessary to implement the project. (c) RECOMMENDED PLAN.—If the Secretary de- ward the non-Federal share of the cost of the (c) CREDIT.—The Secretary shall credit toward termines that the locally preferred plan provides project or reimbursement for the costs of any the non-Federal share of the project the cost of a level of flood damage reduction that is equal work that has been or will be performed by the design and construction work carried out by the to or greater than the level of flood damage re- non-Federal interest before, on, or after the ap- non-Federal interest before date of execution of duction provided by the national economic de- proval of the project partnership agreement, in- a partnership agreement for the project if the velopment plan, and the locally preferred plan cluding work performed by the non-Federal in- Secretary determines that the work is integral to is technically feasible and environmentally pro- terest in connection with the design and con- the project. tective, the Secretary shall recommend construc- struction of 7 upstream detention storage struc- (d) MAXIMUM FUNDING.—The maximum tion of the locally preferred plan. tures, if the Secretary determines that the work amount of Federal funds that may be expended (d) EVALUATION OF PROJECT COST.—For the is integral to the project; for the flood damage reduction shall be purposes of determining compliance with the (2) to require that in-kind work to be credited $8,000,000. first section of the Flood Control Act of June 22, under paragraph (1) be subject to audit; and SEC. 3078. KNIFE RIVER HARBOR, MINNESOTA. 1936 (33 U.S.C. 701a), the Secretary shall con- (3) to direct the Secretary to accept advance The project for navigation, Harbor at Knife sider only the costs of the national economic de- funds from the non-Federal interest as needed River, Minnesota, authorized by section 2 of the velopment plan, and shall exclude incremental to maintain the project schedule.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.044 H14PT1 H5842 CONGRESSIONAL RECORD — HOUSE July 14, 2005 SEC. 3090. LOWER CAPE MAY MEADOWS, CAPE Water Resources Development Act of 1990 (33 and any other financial losses that can be MAY POINT, NEW JERSEY. U.S.C. 1272(f)(4)), the Secretary is directed to shown to be associated with the elevated tur- The project for navigation mitigation, eco- credit toward the non-Federal share of the cost bidity levels in the McKenzie River in 2002. system restoration, shore protection, and hurri- of the project the cost of work carried out by the (e) PAYMENT OF CLAIMS.—The payment of cane and storm damage reduction, Lower Cape non-Federal interest before the date of the part- claims for losses to small businesses shall be a May Meadows, Cape May Point, New Jersey, nership agreement for the project if the Sec- Federal responsibility. authorized by section 101(a)(25) of the Water retary determines that the work is integral to SEC. 3101. DELAWARE RIVER, PENNSYLVANIA, Resources Development Act of 1999 (113 Stat. the project. NEW JERSEY, AND DELAWARE. 278), is modified to incorporate the project for SEC. 3098. ARCADIA LAKE, OKLAHOMA. The Secretary may remove debris from the shoreline erosion control, Cape May Point, New Payments made by the city of Edmond, Okla- project for navigation, Delaware River, Penn- Jersey, carried out under section 5 of the Act en- homa, to the Secretary in October 1999 of costs sylvania, New Jersey, and Delaware, Philadel- titled ‘‘An Act authorizing Federal participation associated with present and future water stor- phia to the Sea. in the cost of protecting the shores of publicly age at Arcadia Lake, Oklahoma, under Arcadia SEC. 3102. RAYSTOWN LAKE, PENNSYLVANIA. owned property’’, approved August 13, 1946 (33 Lake Water Storage Contract Number DACW56– The Secretary may take such action as may be U.S.C. 426h), if the Secretary determines that 79–C–0072 shall satisfy the obligations of the city necessary, including construction of a break- such incorporation is feasible. under that contract for such costs, including ac- water, to prevent shoreline erosion between .07 SEC. 3091. PASSAIC RIVER BASIN FLOOD MANAGE- crued interest. and 2.7 miles south of Pennsylvania State route MENT, NEW JERSEY. 994 on the east shore of Raystown Lake, Penn- The project for flood control, Passaic River, SEC. 3099. WAURIKA LAKE, OKLAHOMA. sylvania. New Jersey and New York, authorized by sec- The remaining obligation of the Waurika tion 101(a)(18) of the Water Resources Develop- Project Master Conservancy District payable to SEC. 3103. SHERADEN PARK STREAM AND the United States Government in the amounts, CHARTIERS CREEK, ALLEGHENY ment Act of 1990 (104 Stat. 4607) and modified by COUNTY, PENNSYLVANIA. rates of interest, and payment schedules is set at section 327 of the Water Resources Development The project for aquatic ecosystem restoration, the amounts, rates of interest, and payment Act of 2000 (114 Stat. 2607), is further modified Sheraden Park Stream and Chartiers Creek, Al- schedules that existed, and that both parties to direct the Secretary to include the benefits legheny County, Pennsylvania, being carried agreed to, on June 3, 1986, and may not be ad- and costs of preserving natural flood storage in out under section 206 of the Water Resources justed, altered, or changed without a specific, any future economic analysis of the project. Development Act of 1996 (33 U.S.C. 2330), is separate, and written agreement between the SEC. 3092. BUFFALO HARBOR, NEW YORK. modified to direct the Secretary to credit up to District and the United States Government. The project for navigation, Buffalo Harbor, $400,000 toward the non-Federal share of the New York, authorized by section 101 of the SEC. 3100. WILLAMETTE RIVER TEMPERATURE cost of the project for planning and design work River and Harbor Act of 1962 (76 Stat. 1176), is CONTROL, MCKENZIE SUBBASIN, OR- EGON. carried out by the non-Federal interest before modified to include measures to enhance public the date of the partnership agreement for the (a) IN GENERAL.—The project for environ- access, at Federal cost of $500,000. project if the Secretary determines that the work SEC. 3093. ORCHARD BEACH, BRONX, NEW YORK. mental restoration, Willamette River tempera- ture control, McKenzie Subbasin, Oregon, au- is integral to the project. The project for shoreline protection, Orchard SEC. 3104. SOLOMON’S CREEK, WILKES-BARRE, Beach, Bronx, New York, authorized by section thorized by section 101(a)(25) of the Water Re- sources Development Act of 1996 (110 Stat. 3665) PENNSYLVANIA. 554 of the Water Resources Development Act of The project for flood control, Wyoming Valley, and modified by section 344 of the Water Re- 1996 (110 Stat. 3781), is modified to authorize the Pennsylvania, authorized by section 401(a) of sources Development Act of 1999 (113 Stat. 308), Secretary to construct the project, at a total cost the Water Resources Development Act of 1986 is further modified to direct the Secretary to of $20,000,000. (100 Stat. 4124), is modified to include as a pay, subject to the availability of appropria- SEC. 3094. PORT OF NEW YORK AND NEW JERSEY, project element the project for flood control for tions, compensation for losses to small business NEW YORK AND NEW JERSEY. Solomon’s Creek, Wilkes-Barre, Pennsylvania. The navigation project, Port of New York and attributable to the implementation of the draw- SEC. 3105. SOUTH CENTRAL PENNSYLVANIA. New Jersey, New York and New Jersey, author- down conducted as a part of project implemen- Section 313 of the Water Resources Develop- ized by section 101(a)(2) of the Water Resources tation in 2002. ment Act of 1992 (106 Stat. 4845; 109 Stat. 407; Development Act of 2000 (114 Stat. 2576), is (b) ESTABLISHMENT OF PROGRAM.—Not later 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142) is modified— than 120 days after the date of enactment of this amended— (1) to authorize the Secretary to allow the Act, the Secretary shall establish, and provide (1) in subsection (g)(1) by striking non-Federal interest to construct a temporary public notice of, a program— ‘‘$180,000,000’’ and inserting ‘‘$200,000,000’’; and dredged material storage facility to receive (1) to receive claims for compensation for losses to small business attributable to the imple- (2) in subsection (h)(2) by striking ‘‘Alle- dredged material from the project if— gheny, Armstrong, Beford, Blair, Cambria, (A) the non-Federal interest submits, in writ- mentation of the drawdown conducted as a part Clearfield, Fayette, Franklin, Fulton, Greene, ing, a list of potential sites for the temporary of project implementation in 2002; Huntingdon, Indiana, Juniata, Mifflin, Som- storage facility to the Committee on Transpor- (2) to evaluate claims for such losses; and erset, Snyder, Washington, and Westmoreland tation and Infrastructure of the House of Rep- (3) to pay claims for such losses. Counties’’ and inserting ‘‘Allegheny, Armstrong, resentatives, the Committee on Environment and (c) IMPLEMENTATION OF PROGRAM.—In car- Bedford, Blair, Cambria, Fayette, Franklin, Public Works of the Senate, and the Secretary rying out the program established under sub- Fulton, Greene, Huntingdon, Indiana, Juniata, at least 180 days before the selection of the final section (b), the Secretary shall provide— Somerset, Washington, and Westmoreland site; and (1) public notice of the existence of the pro- (B) at least 70 percent of the dredged material gram sufficient to reach those in the area that Counties’’. generated in connection with the project suit- may have suffered losses to small businesses; SEC. 3106. WYOMING VALLEY, PENNSYLVANIA. able for beneficial reuse will be used at sites in (2) a period for the submission of claims of not In carrying out the project for flood control, the State of New Jersey to the extent that there fewer than 45 days and not greater than 75 days Wyoming Valley, Pennsylvania, authorized by are sufficient sites available; and from the date of the first public notice of the ex- section 401(a) of the Water Resources Develop- (2) to direct the Secretary to credit toward the istence of the program; ment Act of 1986 (100 Stat. 4124), the Secretary non-Federal share of the cost of the project the (3) for the evaluation of each claim submitted shall coordinate with non-Federal interests to cost of construction of the temporary storage fa- to the Secretary under the program and a deter- review opportunities for increased public access. cility if the Secretary determines that the work mination of whether the claim constitutes a loss SEC. 3107. CEDAR BAYOU, TEXAS. is integral to the project. to a small business on or before the last day of (a) IN GENERAL.—The project for navigation, SEC. 3095. NEW YORK STATE CANAL SYSTEM. the 30-day period beginning on the date of sub- Cedar Bayou, Texas, reauthorized by section Section 553(c) of the Water Resources Develop- mission of the claim; and 349(a)(2) of the Water Resources Development ment Act of 1996 (110 Stat. 3781) is amended to (4) for the payment of each claim that the Sec- Act of 2000 (114 Stat. 2632), is modified to direct read as follows: retary determines constitutes a loss to a small the Secretary to credit toward the non-Federal ‘‘(c) NEW YORK STATE CANAL SYSTEM DE- business on or before the last day of the 30-day share of the cost of the project the cost of plan- FINED.—In this section, the term ‘New York period beginning on the date of the Secretary’s ning and design work carried out by the non- State Canal System’ means the 524 miles of navi- determination. Federal interest for the project if the Secretary gable canal that comprise the New York State (d) LOSS TO A SMALL BUSINESS DEFINED.—In determines that such work is integral to the Canal System, including the Erie, Cayuga-Sen- this section, the term ‘‘loss to a small business’’ project. eca, Oswego, and Champlain Canals and the means documented financial losses associated (b) COST SHARING.—Cost sharing for construc- historic alignments of these canals, including with commercial activity of a small business tion and operation and maintenance of the the cities of Albany and Buffalo.’’. that can be attributed to the turbidity levels in project shall be determined in accordance with SEC. 3096. LOWER GIRARD LAKE DAM, OHIO. the McKenzie River being higher than those an- section 101 of the Water Resources Development Section 507(1) of the Water Resources Develop- ticipated in the original planning documents Act of 1986 (33 U.S.C. 2211). ment Act of 1996 (110 Stat. 3758) is amended by and public announcements existing before the SEC. 3108. FREEPORT HARBOR, TEXAS. striking ‘‘$2,500,000’’ and inserting ‘‘$6,000,000’’. initiation of the drawdown in 2002. Commercial The project for navigation, Freeport Harbor, SEC. 3097. MAHONING RIVER, OHIO. losses include decline in sales, loss of revenue Texas, authorized by section 101 of the Rivers In carrying out the project for environmental (including loss of revenue from canceled or de- and Harbors Act of 1970 (84 Stat. 1818), is modi- dredging, authorized by section 312(f)(4) of the layed reservations at lodging establishments), fied.—

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.044 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5843 (1) to direct the Secretary to credit toward the boundaries, and necessary for the operation, of SEC. 3121. GREENBRIER RIVER BASIN, WEST VIR- non-Federal share of the cost of the project the the Proctor Lake project, Texas, authorized by GINIA. cost of the planning, design, and construction section 203 of the Flood Control Act of 1954 (68 Section 579(c) of the Water Resources Develop- work carried out by the non-Federal interest be- Stat. 1259). ment Act of 1996 (110 Stat. 3790; 113 Stat. 312) is fore the date of the partnership agreement for SEC. 3115. SAN ANTONIO CHANNEL, SAN ANTO- amended by striking ‘‘$47,000,000’’ and inserting the project if the Secretary determines that the NIO, TEXAS. ‘‘$99,000,000’’. work is integral to the project; and The project for flood control, San Antonio SEC. 3122. LESAGE/GREENBOTTOM SWAMP, WEST (2) to direct the Secretary to remove the sunk- Channel, Texas, authorized by section 203 of the VIRGINIA. en vessel ‘‘COMSTOCK’’ at Federal expense. Flood Control Act of 1954 (68 Stat. 1259) as part Section 30(d) of the Water Resources Develop- SEC. 3109. JOHNSON CREEK, ARLINGTON, TEXAS. of the comprehensive plan for flood protection ment Act of 1988 (102 Stat. 4030; 114 Stat. 2678) The project for flood damage reduction, envi- on the Guadalupe and San Antonio Rivers in is amended to read as follows: ronmental restoration, and recreation, author- Texas and modified by section 103 of the Water ‘‘(d) HISTORIC STRUCTURE.—The Secretary ized by section 101(b)(14) of the Water Resources Resources Development Act of 1976 (90 Stat. shall ensure the preservation and restoration of Development Act of 1999 (113 Stat. 280), is modi- 2921) and section 335 of the Water Resources De- the structure known as the ‘Jenkins House’, and fied to authorize the Secretary to carry out the velopment Act of 2000 (114 Stat. 2611), is further the reconstruction of associated buildings and modified to authorize the Secretary to credit to- project at a total cost of $29,717,000, with an es- landscape features of such structure located ward the non-Federal share of the cost of the timated Federal cost of $20,670,000 and an esti- within the Lesage/Greenbottom Swamp in ac- project the cost of design and construction work mated non-Federal cost $9,047,000. cordance with the Secretary of the Interior’s carried out by the non-Federal interest for the standards for the treatment of historic prop- SEC. 3110. LAKE KEMP, TEXAS. project if the Secretary determines that the work erties. Amounts made available for expenditure (a) IN GENERAL.—The Secretary may not take is integral to the project. for the project authorized by section 301(a) of any legal or administrative action seeking to re- SEC. 3116. JAMES RIVER, VIRGINIA. the Water Resources Development Act of 1986 move a Lake Kemp improvement before the ear- The project for navigation, James River, Vir- (100 Stat. 4110) shall be available for the pur- lier of January 1, 2020, or the date of any trans- ginia, authorized by the first section of the poses of this subsection.’’. fer of ownership of the improvement occurring River and Harbor Appropriations Act of July 5, after the date of enactment of this Act. SEC. 3123. NORTHERN WEST VIRGINIA. 1884 (23 Stat. 138), is further modified to author- Section 557 of the Water Resources Develop- (b) LIMITATION ON LIABILITY.—The United ize the Secretary to enlarge the turning basin States, or any of its officers, agents, or assign- ment Act of 1999 (113 Stat. 353) is amended in adjacent to the Richmond Deepwater Terminal the first sentence by striking ‘‘favorable’’. ees, shall not be liable for any injury, loss, or at a total cost of $1,511,000 if the Secretary de- damage accruing to the owners of a Lake Kemp termines that the such enlargement is necessary SEC. 3124. MANITOWOC HARBOR, WISCONSIN. improvement, their lessees, or occupants as a re- for navigation safety. The project for navigation, Manitowoc Har- bor, Wisconsin, authorized by the River and sult of any flooding or inundation of such im- SEC. 3117. LEE, RUSSELL, SCOTT, SMYTH, TAZE- provements by the waters of the Lake Kemp res- WELL, AND WISE COUNTIES, VIR- Harbor Act of August 30, 1852, is modified to di- ervoir, or for such injury, loss, or damage as GINIA. rect the Secretary to deepen the upstream reach may occur through the operation and mainte- The project for flood control, Levisa and Tug of the navigation channel from 12 feet to 18 feet, nance of the Lake Kemp dam and reservoir in Forks of the Big Sandy River and Upper Cum- at a total cost of $300,000. any manner. berland River, authorized by section 202 of the SEC. 3125. MISSISSIPPI RIVER HEADWATERS RES- (c) LAKE KEMP IMPROVEMENT DEFINED.—In Energy and Water Development Appropriation ERVOIRS. this section, the term ‘‘Lake Kemp improve- Act, 1981 (94 Stat. 1339) and modified by section Section 21 of the Water Resources Develop- ment’’ means an improvement (including dwell- 352 of the Water Resources Development Act of ment Act of 1988 (102 Stat. 4027) is amended— ings) located within the flowage easement of 1996 (110 Stat. 3724–3725) and section 336 of the (1) in subsection (a)— Lake Kemp, Texas, below elevation 1159 feet Water Resources Development Act of 2000 (114 (A) by striking ‘‘1276.42’’ and inserting mean sea level. Stat. 2611), is further modified to direct the Sec- ‘‘1278.42’’; SEC. 3111. LOWER RIO GRANDE BASIN, TEXAS. retary to determine the ability of Lee, Russell, (B) by striking ‘‘1218.31’’ and inserting The project for flood control, Lower Rio Scott, Smyth, Tazewell, and Wise Counties, Vir- ‘‘1221.31’’; and Grande Basin, Texas, authorized by section ginia, to pay the non-Federal share of the cost (C) by striking ‘‘1234.82’’ and inserting 401(a) of the Water Resources Development Act of the project based solely on the criterion speci- ‘‘1235.30’’; and of 1986 (100 Stat. 4125), is modified— fied in section 103(m)(3)(A)(i) of the Water Re- (2) by striking subsection (b) and inserting the (1) to include as part of the project flood pro- sources Development Act of 1986 (33 U.S.C. following: tection works to reroute drainage to 2213(m)(3)(A)(i)). ‘‘(b) EXCEPTION.—The Secretary may operate Raymondville Drain constructed by the non- SEC. 3118. TANGIER ISLAND SEAWALL, VIRGINIA. the headwaters reservoirs below the minimum or Federal interests in Hidalgo County in the vi- Section 577(a) of the Water Resources Devel- above the maximum water levels established in cinity of Edinburg, Texas, if the Secretary deter- opment Act of 1996 (110 Stat. 3789) is amended subsection (a) in accordance with water control mines that such work meets feasibility require- by striking ‘‘at a total cost of $1,200,000, with an regulation manuals (or revisions thereto) devel- ments; estimated Federal cost of $900,000 and an esti- oped by the Secretary, after consultation with (2) to direct the Secretary to credit toward the mated non-Federal cost of $300,000.’’ and insert- the Governor of Minnesota and affected tribal non-Federal share of the cost of the project the ing ‘‘at a total cost of $3,000,000, with an esti- governments, landowners, and commercial and cost of planning, design, and construction work mated Federal cost of $2,250,000 and an esti- recreational users. The water control regulation carried out by the non-Federal interest before mated non-Federal cost of $750,000.’’. manuals (and any revisions thereto) shall be ef- the date of the partnership agreement for the SEC. 3119. DUWAMISH/GREEN, WASHINGTON. fective when the Secretary transmits them to project if the Secretary determines that the work The project for ecosystem restoration, Congress. The Secretary shall report to Congress is integral to the project; and Duwamish/Green, Washington, authorized by at least 14 days before operating any such head- (3) to direct the Secretary, in calculating the section 101(b)(26) of the Water Resources Devel- waters reservoir below the minimum or above non-Federal share of the cost of the project, to opment Act of 2000 (114 Stat. 2579), is modified— the maximum water level limits specified in sub- make a determination within 180 days after the (1) to direct the Secretary to credit toward the section (a); except that notification is not re- date of enactment of this Act under section non-Federal share of the cost of the project the quired for operations necessary to prevent the 103(m) of the Water Resources Development Act cost of work carried out by the non-Federal in- loss of life or to ensure the safety of the dam or of 1986 (33 U.S.C. 2213(m)) on the non-Federal terest before, on, or after the date of the part- where the drawdown of lake levels is in antici- interest’s ability to pay. nership agreement for the project if the Sec- pation of flood control operations.’’. SEC. 3126. CONTINUATION OF PROJECT AUTHOR- SEC. 3112. NORTH PADRE ISLAND, CORPUS retary determines that the work is integral to IZATIONS. CHRISTI BAY, TEXAS. the project; and (a) IN GENERAL.—Notwithstanding section The project for ecosystem restoration and (2) to authorize the non-Federal interest to 1001(b)(2) of the Water Resources Development storm damage reduction, North Padre Island, provide any portion of the non-Federal share of Act of 1986 (33 U.S.C. 579a(b)(2)), the following Corpus Christi Bay, Texas, authorized by sec- the cost of the project in the form of in-kind projects shall remain authorized to be carried tion 556 of the Water Resources Development services and materials. out by the Secretary: Act of 1999 (113 Stat. 353), is modified to include SEC. 3120. YAKIMA RIVER, PORT OF SUNNYSIDE, WASHINGTON. (1) The project for flood control, Agana River, recreation as a project purpose. The project for aquatic ecosystem restoration, Guam, authorized by section 401(a) of the Water SEC. 3113. PAT MAYSE LAKE, TEXAS. Yakima River, Port of Sunnyside, Washington, Resources Development Act of 1986 (100 Stat. The Secretary is directed to accept from the being carried out under section 206 of the Water 4127). city of Paris, Texas, $3,461,432 as payment in Resources Development Act of 1996 (33 U.S.C. (2) The project for navigation, Fall River Har- full of monies owed to the United States for 2330), is modified to direct the Secretary to cred- bor, Massachusetts, authorized by section 101 of water supply storage space in Pat Mayse Lake, it toward the non-Federal share of the cost of the River and Harbor Act of 1968 (82 Stat. 731); Texas, under contract number DA–34–066– the project the cost of work carried out by the except that the authorized depth of that portion CIVENG-65–1272, including accrued interest. non-Federal interest before the date of the part- of the project extending riverward of the SEC. 3114. PROCTOR LAKE, TEXAS. nership agreement for the project if the Sec- Charles M. Braga, Jr. Memorial Bridge, Fall The Secretary is authorized to purchase fee retary determines that the work is integral to River and Somerset, Massachusetts, shall not simple title to all properties located within the the project. exceed 35 feet.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.044 H14PT1 H5844 CONGRESSIONAL RECORD — HOUSE July 14, 2005

(b) LIMITATION.—A project described in sub- River, Massachusetts, carried out under section Green Bay, Wisconsin, authorized by the first section (a) shall not be authorized for construc- 107 of the River and Harbor Act of 1960 (33 section of the River and Harbor Act of June 23, tion after the last day of the 5-year period be- U.S.C. 577), described as follows: Beginning at a 1866, beginning at station 190+00 to station ginning on the date of enactment of this Act, point along the eastern limit of the existing 378+00 is authorized to a width of 75 feet and a unless, during such period, funds have been ob- project, N507,348.98, E721,180.01, thence running depth of 6 feet. ligated for the construction (including planning northeast about 35 feet to a point N507,384.17, (f) ADDITIONAL DEAUTHORIZATIONS.—The fol- and design) of the project. E721,183.36, thence running northeast about 324 lowing projects are not authorized after the date SEC. 3127. PROJECT REAUTHORIZATIONS. feet to a point N507,590.51, E721,433.17, thence of enactment of this Act, except with respect to Each of the following projects may be carried running northeast about 345 feet to a point any portion of such a project which portion has out by the Secretary and no construction on along the northern limit of the existing project, been completed before such date or is under con- any such project may be initiated until the Sec- N507,927.29, E721,510.29, thence running south- struction on such date: retary determines that the project is feasible: east about 25 feet to a point N507,921.71, (1) The project for flood control, Cache Creek (1) MENOMINEE HARBOR AND RIVER, MICHIGAN E721,534.66, thence running southwest about 354 Basin, Clear Lake Outlet Channel, California, AND WISCONSIN.—The project for navigation, feet to a point N507,576.65, E721,455.64, thence authorized by section 401(a) of the Water Re- Menominee Harbor and River, Michigan and running southwest about 357 feet to the point of sources Development Act of 1986 (100 Stat. 4112). Wisconsin, authorized by section 101 of the origin. (2) The project for flood protection on River and Harbor Act of 1960 (74 Stat. 482) and (5) CITY WATERWAY, TACOMA, WASHINGTON.— Atascadero Creek and its tributaries of Goleta, deauthorized on April 15, 2002, in accordance The portion of the project for navigation, City California, authorized by section 201 of the with section 1001(b)(2) of the Water Resources Waterway, Tacoma, Washington, authorized by Flood Control Act of 1970 (84 Stat. 1826). Development Act of 1986 (33 U.S.C. 579a(b)(2)). the first section of the River and Harbor Appro- (3) The project for flood control, central and (2) MANITOWOC HARBOR, WISCONSIN.—That priations Act of June 13, 1902 (32 Stat. 347), con- southern Florida, Shingle Creek basin, Florida, portion of the project for navigation, Manitowoc sisting of the last 1,000 linear feet of the inner authorized by section 203 of the Flood Control Harbor, Wisconsin, consisting of the channel in portion of the waterway beginning at station Act of 1962 (76 Stat. 1182). the south part of the outer harbor, deauthorized 70+00 and ending at station 80+00. (4) The project for flood control, Middle Wa- by section 101 of the River and Harbor Act of (b) ANCHORAGE AREA, NEW LONDON HARBOR, bash, Greenfield Bayou, Indiana, authorized by 1962 (76 Stat. 1176). CONNECTICUT.—The portion of the project for section 10 of the Flood Control Act of July 24, SEC. 3128. PROJECT DEAUTHORIZATIONS. navigation, New London Harbor, Connecticut, 1946 (60 Stat. 649). (a) IN GENERAL.—The following projects are authorized by the River and Harbor Appropria- (5) The project for flood damage reduction, not authorized after the date of enactment of tions Act of June 13, 1902 (32 Stat. 333), that Lake George, Hobart, Indiana, authorized by this Act: consists of a 23-foot waterfront channel and section 602(a)(2) of the Water Resources Devel- (1) BRIDGEPORT HARBOR, CONNECTICUT.—The that is further described as beginning at a point opment Act of 1986 (100 Stat. 4148). portion of the project for navigation, Bridgeport along the western limit of the existing project, (6) The project for flood control, Green Bay Harbor, Connecticut, authorized by the first sec- N188, 802.75, E779, 462.81, thence running north- Levee and Drainage District No. 2, Iowa, au- tion of the River and Harbor Act of July 3, 1930 easterly about 1,373.88 feet to a point N189, thorized by section 401(a) of the Water Re- (46 Stat. 919), consisting of an 18-foot channel 554.87, E780, 612.53, thence running southeast- sources Development Act of 1986 (100 Stat. 4115), in Yellow Mill River and described as follows: erly about 439.54 feet to a point N189, 319.88, deauthorized in fiscal year 1991, and reauthor- Beginning at a point along the eastern limit of E780, 983.98, thence running southwesterly ized by section 115(a) of the Water Resources the existing project, N123,649.75, E481,920.54, about 831.58 feet to a point N188, 864.63, E780, Development Act of 1992 (106 Stat. 4821). thence running northwesterly about 52.64 feet to 288.08, thence running southeasterly about (7) The project for flood control, Hazard, Ken- a point N123,683.03, E481,879.75, thence running 567.39 feet to a point N188, 301.88, E780, 360.49, tucky, authorized by section 3(a)(7) of the Water northeasterly about 1,442.21 feet to a point thence running northwesterly about 1,027.96 feet Resources Development Act of 1988 (100 Stat. N125,030.08, E482,394.96, thence running north- to the point of origin, shall be redesignated as 4014) and section 108 of the Water Resources De- easterly about 139.52 feet to a point along the an anchorage area. velopment Act of 1990 (104 Stat. 4621). eastern limit of the existing channel, (c) SOUTHPORT HARBOR, FAIRFIELD, CON- (8) The recreation portion of the project for N125,133.87, E482,488.19, thence running south- NECTICUT.—The project for navigation, flood control, Taylorsville Lake, Kentucky, au- westerly about 1,588.98 feet to the point of ori- Southport Harbor, Fairfield, Connecticut, au- thorized by section 203 of the Flood Control Act gin. thorized by section 2 of the River and Harbor of 1966 (80 Stat. 1421). (2) MYSTIC RIVER, CONNECTICUT.—The portion Act of March 2, 1829, and by the first section of (9) The project for flood control, western Ken- of the project for navigation, Mystic River, Con- the River and Harbor Act of August 30, 1935 (49 tucky tributaries, Kentucky, authorized by sec- necticut, authorized by the first section of the Stat. 1029), and section 364 of the Water Re- tion 204 of the Flood Control Act of 1965 (79 River and Harbor Approriations Act of Sep- sources Development Act of 1996 (110 Stat. 3733– Stat. 1076) and modified by section 210 of the tember 19, 1890 (26 Stat. 436) consisting of a 12- 3734), is further modified to redesignate a por- Flood Control Act of 1970 (84 Stat. 1829). foot-deep channel, approximately 7,554 square tion of the 9-foot-deep channel to an anchorage (10) The project for flood damage reduction, feet in area, starting at a point N193,086.51, area, approximately 900 feet in length and 90,000 Tensas-Cocodrie area, Louisiana, authorized by E815,092.78, thence running north 59 degrees 21 square feet in area, and lying generally north of section 3 of the Flood Control Act of August 18, minutes 46.63 seconds west about 138.05 feet to a a line with points at coordinates N108,043.45, 1941 (55 Stat. 643). point N193,156.86, E814,974.00, thence running E452,252.04 and N107938.74, E452265.74. (11) The project for flood control, Eastern north 51 degrees 04 minutes 39.00 seconds west (d) MYSTIC RIVER, MASSACHUSETTS.—The por- Rapides and South-Central Avoyelles Parishes, about 166.57 feet to a point N193,261.51, tion of the project for navigation, Mystic River, Louisiana, authorized by section 201 of the E814,844.41, thence running north 43 degrees 01 Massachusetts, authorized by the first section of Flood Control Act of 1970 (84 Stat. 1825). minutes 34.90 seconds west about 86.23 feet to a the River and Harbor Appropriations Act of (12) The bulkhead and jetty features at Lake point N193,324.55, E814,785.57, thence running July 13, 1892 (27 Stat. 96), between a line start- Borgne and Chef Menteur, Louisiana, of the north 06 degrees 42 minutes 03.86 seconds west ing at a point N515,683.77, E707,035.45 and end- project for navigation, Mississippi River, Baton about 156.57 feet to a point N193,480.05, ing at a point N515,721.28, E707,069.85 and a line Rouge to the Gulf of Mexico, barge channel E814,767.30, thence running south 21 degrees 21 starting at a point N514,595.15, E707,746.15 and through Devils Swamp, Louisiana, authorized minutes 17.94 seconds east about 231.42 feet to a ending at a point N514,732.94, E707,658.38 shall by the first section of the River and Harbor Act point N193,264.52, E814,851.57, thence running be relocated and reduced from 100 foot to a 50- of July 24, 1946 (60 Stat. 635). south 53 degrees 34 minutes 23.28 seconds east foot wide channel after the date of enactment of (13) The project for navigation Red River Wa- about 299.78 feet to the point of origin. this Act described as follows: Beginning at a terway, Shreveport, Louisiana to Daingerfield, (3) FALMOUTH HARBOR, MASSACHUSETTS.—The point N515,721.28, E707,069.85, thence running Texas, authorized by the River and Harbor Act portion of the project for navigation, Falmouth southeasterly about 840.50 feet to a point of 1968 (82 Stat. 731). Harbor, Massachusetts, authorized by section N515,070.16, E707,601.27, thence running south- (14) The project for flood damage reduction 101 of the River and Harbor Act of 1948 (62 Stat. easterly about 177.54 feet to a point N514,904.84, Brockton, Massachusetts, authorized by section 1172), beginning at a point along the eastern E707,665.98, thence running southeasterly about 401(c) of the Water Resources Development Act side of the inner harbor N200,415.05, E845,307.98, 319.90 feet to a point with coordinates of 1986 (100 Stat. 4129). thence running north 25 degrees 48 minutes 54.3 N514,595.15, E707,746.15, thence running north- (15) The project for navigation, Grand Haven seconds east 160.24 feet to a point N200,559.20, westerly about 163.37 feet to a point N514,732.94, Harbor, Michigan, authorized by section 202 of E845,377.76, thence running north 22 degrees 7 E707,658.38, thence running northwesterly about the Water Resources Development Act of 1986 minutes 52.4 seconds east 596.82 feet to a point 161.58 feet to a point N514.889.47, E707,618.30, (100 Stat. 4093). N201,112.15, E845,602.60, thence running north thence running northwesterly about 166.61 feet (16) The project for hydropower, Libby Dam, 60 degrees 1 minute 0.3 seconds east 83.18 feet to to a point N515.044.62, E707,557.58, thence run- Montana, (Units 6–8), authorized by section 549 a point N201,153.72, E845,674.65, thence running ning northwesterly about 825.31 feet to a point of the Water Resources Development Act of 1996 south 24 degrees 56 minutes 43.4 seconds west N515,683.77, E707,035.45, thence running north- (110 Stat. 3779). 665.01 feet to a point N200,550.75, E845,394.18, easterly about 50.90 feet returning to a point (17) The project for flood damage reduction, thence running south 32 degrees 25 minutes 29.0 N515,721.28, E707,069.85. Platte River Flood and Related Streambank Ero- seconds west 160.76 feet to the point of origin. (e) GREEN BAY HARBOR, GREEN BAY, WIS- sion Control, Nebraska, authorized by section (4) ISLAND END RIVER, MASSACHUSETTS.—The CONSIN.—The portion of the inner harbor of the 603(f)(6) of the Water Resources Development portion of the project for navigation, Island End Federal navigation channel, Green Bay Harbor, Act of 1986 (100 Stat. 4150).

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(18) The project for navigation, Outer Harbor, graph (1) ceases to be held in public ownership (d) BOARDMAN, OREGON.—Section 501(g)(1) of Buffalo, New York, authorized by section 110 of or the State ceases to operate, maintain, and the Water Resources Development Act of 1996 the Water Resources Development Act of 1992 manage the real property in accordance with (110 Stat. 3751) is amended— (106 Stat. 4817). this subsection, all right, title, and interest in (1) by striking ‘‘city of Boardman,’’ and in- (19) The project for flood control, Sugar Creek and to the property shall revert to the United serting ‘‘the Boardman Park and Recreation Basin, North Carolina and South Carolina, au- States, at the option of the Secretary. District, Boardman,’’; and thorized by section 401(a) of the Water Re- (3) MITIGATION.—Nothing in this subsection (2) by striking ‘‘such city’’ and inserting ‘‘the sources Development Act of 1986 (100 Stat. 4121). extinguishes the responsibility of the Federal city of Boardman’’. (20) The project for flood control, Miami Government or the non-Federal interest for the (e) TIOGA TOWNSHIP, PENNSYLVANIA.— (1) IN GENERAL.—The Secretary shall convey River, Fairfield, Ohio, authorized by section project referred to in paragraph (1) from the ob- by quitclaim deed to the Tioga Township, Penn- 401(a) of the Water Resources Development Act ligation to implement mitigation for such project sylvania, without consideration, all right, title, of 1986 (100 Stat. 4122). that existed on the day prior to the transfer au- and interest of the United States in and to the (21) The project for shoreline protection, thorized by this subsection. parcel of real property located on the northeast Maumee Bay, Lake Erie, Ohio, authorized by (b) MILFORD, KANSAS.— (1) IN GENERAL.—The Secretary shall convey end of Tract No. 226, a portion of the Tioga- section 501(a) of the Water Resources Develop- by quitclaim deed without consideration to the Hammond Lakes flood control project, Tioga ment Act of 1986 (100 Stat. 4135). Geary County Fire Department, Milford, Kan- County, Pennsylvania, consisting of approxi- (22) The project for flood control and water sas, all right, title, and interest of the United mately 8 acres, together with any improvements supply, Parker Lake, Muddy Boggy Creek, States in and to real property consisting of ap- on that property, for public ownership and use Oklahoma, authorized by section 601 of the proximately 7.4 acres located in Geary County, as the site of the administrative offices and road Water Resources Development Act of 1986 (100 Kansas, for construction, operation, and main- maintenance complex for the Township. Stat. 4144). tenance of a fire station. (2) RESERVATION OF INTERESTS.—The Sec- (23) The project for the Columbia River, Sea- (2) REVERSION.—If the Secretary determines retary shall reserve such rights and interests in farers Memorial, Hammond, Oregon, authorized that the real property conveyed under para- and to the property to be conveyed as the Sec- by title I of the Energy and Water Development graph (1) ceases to be held in public ownership retary considers necessary to preserve the oper- Appropriations Act, 1991 (104 Stat. 2078). or to be used for any purpose other than a fire ational integrity and security of the Tioga-Ham- (24) The project for bulkhead repairs, Quonset station, all right, title, and interest in and to mond Lakes flood control project. Point-Davisville, Rhode Island, authorized by the property shall revert to the United States, at (3) REVERSION.—If the Secretary determines section 571 of the Water Resources Development the option of the United States. that the property conveyed under paragraph (1) Act of 1996 (110 Stat. 3788). (c) PIKE COUNTY, MISSOURI.— ceases to be held in public ownership, or to be (25) The project for flood damage reduction, (1) IN GENERAL.—At such time as S.S.S., Inc., used as a site for the Tioga Township adminis- Harris Fork Creek, Tennessee and Kentucky, conveys all right, title and interest in and to the trative offices and road maintenance complex or authorized by section 102 of the Water Re- real property described in paragraph (2)(A) to for related public purposes, all right, title, and sources Development Act of 1976 (90 Stat. 2921). the United States, the Secretary shall convey all interest in and to the property shall revert to (26) The Arroyo Colorado, Texas, feature of right, title, and interest of the United States in the United States, at the option of the United the project for flood control Lower Rio Grande, and to the real property described in paragraph States. Texas, authorized by section 401(a) of the Water (2)(B) to S.S.S., Inc. (f) RICHARD B. RUSSELL LAKE, SOUTH CARO- Resources Development Act of 1986 (100 Stat. (2) LAND DESCRIPTION.—The parcels of land LINA.— 4125). referred to in paragraph (1) are the following: (1) IN GENERAL.—The Secretary shall convey (27) The structural portion of the project for (A) NON-FEDERAL LAND.—Approximately 42 to the State of South Carolina, by quitclaim flood control, Cypress Creek, Texas, authorized acres, the exact legal description to be deter- deed, at fair market value, all right, title, and by section 3(a)(13) of the Water Resources De- mined by mutual agreement of S.S.S., Inc., and interest of the United States in and to the real velopment Act of 1988 (102 Stat. 4014). the Secretary, subject to any existing flowage property described in paragraph (2) that is man- (28) The project for flood protection, East easements situated in Pike County, Missouri, aged, as of the date of enactment of this Act, by Fork Channel Improvement, Increment 2, East upstream and northwest, about a 200-foot dis- the South Carolina department of commerce for Fork of the Trinity River, Texas, authorized by tance from Drake Island (also known as Grimes public recreation purposes for the Richard B. section 202 of the Flood Control Act of 1962 (76 Island). Russell Dam and Lake, South Carolina, project Stat. 1185). (B) FEDERAL LAND.—Approximately 42 acres, authorized by section 203 of the Flood Control (29) The project for flood control, Falfurrias, the exact legal description to be determined by Act of 1966 (80 Stat. 1420). Texas, authorized by section 3(a)(14) of the mutual agreement of S.S.S. Inc., and the Sec- (2) LAND DESCRIPTION.—Subject to paragraph Water Resources Development Act of 1988 (102 retary, situated in Pike County, Missouri, (3), the real property referred to in paragraph Stat. 4014). known as Government Tract Numbers MIs–7 (1) is the parcel contained in the portion of real (30) The project for streambank erosion, and a portion of FM–46 (both tracts on Buffalo property described in Army Lease Number Kanawha River, Charleston, West Virginia, au- Island), administered by the Corps of Engineers. DACW21–1–92–0500. thorized by section 603(f)(13) of the Water Re- (3) CONDITIONS.—The exchange of real prop- (3) RESERVATION OF INTERESTS.—The United sources Development Act of 1986 (100 Stat. 4153). erty under paragraph (1) shall be subject to the States shall reserve— (g) CONDITIONS.—The first sentence of section following conditions: (A) ownership of all real property included in 1001(b)(2) of the Water Resources Development (A) DEEDS.— the lease referred to in paragraph (2) that would Act of 1986 (33 U.S.C. 579a(b)(2)) is amended— (i) NON-FEDERAL LAND.—The conveyance of have been acquired for operational purposes in (1) by striking ‘‘two years’’ and inserting the real property described in paragraph (2)(A) accordance with the 1971 implementation of the ‘‘year’’; and to the Secretary shall be by a warranty deed ac- 1962 Army/Interior Joint Acquisition Policy; and (2) by striking ‘‘7’’ and inserting ‘‘5’’. ceptable to the Secretary. (B) such other rights and interests in and to (ii) FEDERAL LAND.—The instrument of con- the real property to be conveyed as the Sec- SEC. 3129. LAND CONVEYANCES. veyance used to convey the real property de- retary considers necessary for authorized project (a) ST. FRANCIS BASIN, ARKANSAS AND MIS- scribed in paragraph (2)(B) to S.S.S., Inc., shall purposes, including easement rights-of-way to SOURI.— be by quitclaim deed and contain such reserva- remaining Federal land. (1) IN GENERAL.—The Secretary shall convey tions, terms, and conditions as the Secretary (4) NO EFFECT ON SHORE MANAGEMENT POL- to the State of Arkansas, without monetary con- considers necessary to allow the United States ICY.—The Shoreline Management Policy (ER– sideration and subject to paragraph (2), all to operate and maintain the Mississippi River 9- 1130–2–406) of the Corps of Engineer shall not be right, title, and interest to real property within Foot Navigation Project. changed or altered for any proposed develop- the State acquired by the Federal Government (B) REMOVAL OF IMPROVEMENTS.—S.S.S., Inc., ment of land conveyed under this subsection. as mitigation land for the project for flood con- may remove, and the Secretary may require (5) COST SHARING.—In carrying out the con- trol, St. Francis Basin, Arkansas and Missouri S.S.S., Inc., to remove, any improvements on the veyance under this subsection, the Secretary Project, authorized by the Flood Control Act of land described in paragraph (2)(A). and the State shall comply with all obligations May 15, 1928 (33 U.S.C. 702a et seq.) (C) TIME LIMIT FOR EXCHANGE.—The land ex- of any cost-sharing agreement between the Sec- (2) TERMS AND CONDITIONS.— change under paragraph (1) shall be completed retary and the State with respect to the real (A) IN GENERAL.—The conveyance by the not later than 2 years after the date of enact- property described in paragraph (2) in effect as United States under this subsection shall be sub- ment of this Act. of the date of the conveyance. ject to— (4) VALUE OF PROPERTIES.—If the appraised (6) LAND NOT CONVEYED.—The State shall con- (i) the condition that the State of Arkansas fair market value, as determined by the Sec- tinue to manage the real property described in agree to operate, maintain, and manage the real retary, of the real property conveyed to S.S.S., paragraph (3) not conveyed under this sub- property for fish and wildlife, recreation, and Inc., by the Secretary under paragraph (1) ex- section in accordance with the terms and condi- environmental purposes at no cost or expense to ceeds the appraised fair market value, as deter- tions of Army Lease Number DACW21–1–92–0500. the United States; and mined by the Secretary, of the real property (g) GENERALLY APPLICABLE PROVISIONS.— (ii) such other terms and conditions as the conveyed to the United States by S.S.S., Inc., (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— Secretary determines to be in the interest of the under paragraph (1), S.S.S., Inc., shall make a The exact acreage and the legal description of United States. payment to the United States equal to the excess any real property to be conveyed under this sec- (B) REVERSION.—If the Secretary determines in cash or a cash equivalent that is satisfactory tion shall be determined by a survey that is sat- that the real property conveyed under para- to the Secretary. isfactory to the Secretary.

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(2) APPLICABILITY OF PROPERTY SCREENING deed in paragraph (3)(B), the flowage easement flood damage reduction, Gila Bend, Maricopa, PROVISIONS.—Section 2696 of title 10, United is extinguished if the elevation of the property is Arizona. In conducting the study, the Secretary States Code, shall not apply to any conveyance above the standard project flood elevation. shall review plans and designs developed by under this section. (3) AFFECTED DEEDS.—The deeds referred to in non-Federal interests and shall incorporate (3) ADDITIONAL TERMS AND CONDITIONS.—The paragraphs (1) and (2) are as follows: such plans and designs into the Federal study if Secretary may require that any conveyance (A) Auditor’s File Number 262980 of Franklin the Secretary determines that such plans and under this section be subject to such additional County, Washington. designs are consistent with Federal standards. terms and conditions as the Secretary considers (B) Auditor’s File Numbers 263334 and 404398 SEC. 4010. SEARCY COUNTY, ARKANSAS. appropriate and necessary to protect the inter- of Franklin County, Washington. The Secretary shall conduct a study to deter- (d) NO EFFECT ON OTHER RIGHTS.—Nothing in ests of the United States. mine the feasibility of using Greers Ferry Lake this section affects the remaining rights and in- (4) COSTS OF CONVEYANCE.—An entity to as a water supply source for Searcy County, Ar- terests of the Corps of Engineers for authorized which a conveyance is made under this section kansas. shall be responsible for all reasonable and nec- project purposes. SEC. 4011. DRY CREEK VALLEY, CALIFORNIA. essary costs, including real estate transaction TITLE IV—STUDIES The Secretary shall conduct a study to deter- and environmental documentation costs, associ- SEC. 4001. JOHN GLENN GREAT LAKES BASIN mine the feasibility of carrying out a project to ated with the conveyance. PROGRAM. (5) LIABILITY.—An entity to which a convey- provide recycled water for agricultural water Section 455 of the Water Resources Develop- supply, Dry Creek Valley, California, including ance is made under this section shall hold the ment Act of 1999 (42 U.S.C. 1962d–21) is amended United States harmless from any liability with a review of the feasibility of expanding the Gey- by adding at the end the following: sers recharge project north of Healdsburg, Cali- respect to activities carried out, on or after the ‘‘(g) IN-KIND CONTRIBUTIONS FOR STUDY.— fornia. date of the conveyance, on the real property The non-Federal interest may provide up to 100 conveyed. The United States shall remain re- percent of the non-Federal share required under SEC. 4012. ELKHORN SLOUGH ESTUARY, CALI- FORNIA. sponsible for any liability with respect to activi- subsection (f) in the form of in-kind services and The Secretary shall conduct a study of the ties carried out, before such date, on the real materials.’’. property conveyed. Elkhorn Slough estuary, California, to deter- SEC. 4002. LAKE ERIE DREDGED MATERIAL DIS- mine the feasibility of conserving, enhancing, SEC. 3130. EXTINGUISHMENT OF REVERSIONARY POSAL SITES. and restoring estuarine habitats by developing INTERESTS AND USE RESTRICTIONS. The Secretary shall conduct a study to deter- strategies to address hydrological management (a) IDAHO.— mine the nature and frequency of avian botu- issues. (1) IN GENERAL.—With respect to the property lism problems in the vicinity of Lake Erie associ- covered by each deed in paragraph (2)— ated with dredged material disposal sites and SEC. 4013. FRESNO, KINGS, AND KERN COUNTIES, (A) the reversionary interests and use restric- shall make recommendations to eliminate the CALIFORNIA. tions relating to port and industrial use pur- conditions that result in such problems. The Secretary shall conduct a study to deter- poses are extinguished; mine the feasibility of carrying out a project for (B) the restriction that no activity shall be SEC. 4003. SOUTHWESTERN UNITED STATES DROUGHT STUDY. water supply for Fresno, Kings, and Kern permitted that will compete with services and Counties, California. (a) IN GENERAL.—The Secretary, in coordina- facilities offered by public marinas is extin- tion with the Secretary of the Interior, the Sec- SEC. 4014. LOS ANGELES RIVER, CALIFORNIA. guished; retary of Agri- culture, the Secretary of Com- (a) IN GENERAL.—The Secretary shall conduct (C) the human habitation or other building merce, and other appropriate agencies, shall a study to determine the feasibility of carrying structure use restriction is extinguished if the conduct, at Federal expense, a comprehensive out a project for flood damage reduction and elevation of the property is above the standard study of drought conditions in the southwestern ecosystem restoration, Los Angeles River, Cali- project flood elevation; and fornia. (D) the use of fill material to raise areas of the United States, with a particular emphasis on the Colorado River basin, the Rio Grande River (b) REVITALIZATION PLAN.—In conducting the property above the standard project flood ele- study, the Secretary shall review the Los Ange- vation is authorized, except in any area for basin, and the Great Basin. (b) INVENTORY OF ACTIONS.—In conducting les River revitalization plan developed by non- which a permit under section 404 of the Federal the study, the Secretary shall assemble an in- Federal interests and shall incorporate such Water Pollution Control Act (33 U.S.C. 1344) is ventory of actions taken or planned to be taken plan into the Federal study if the Secretary de- required. termines that such plan is consistent with Fed- (2) AFFECTED DEEDS.—The deeds with the fol- to address drought-related situations in the eral standards. lowing county auditor’s file numbers are re- southwestern United States. ferred to in paragraph (1): (c) PURPOSE.—The purpose of the study shall SEC. 4015. LYTLE CREEK, RIALTO, CALIFORNIA. (A) Auditor’s Instruments No. 399218 and No. be to develop recommendations to more effec- The Secretary shall conduct a study to deter- 399341 of Nez Perce County, Idaho—2.07 acres. tively address current and future drought condi- mine the feasibility of carrying out a project for (B) Auditor’s Instruments No. 487437 and No. tions in the southwestern United States. flood damage reduction and groundwater re- 339341 of Nez Perce County, Idaho—7.32 acres. (d) AUTHORIZATION OF APPROPRIATIONS.— charge, Lytle Creek, Rialto, California. (b) OLD HICKORY LOCK AND DAM, CUM- There are authorized to be appropriated to the SEC. 4016. MOKELUMNE RIVER, SAN JOAQUIN BERLAND RIVER, TENNESSEE.— Secretary to carry out this section $7,000,000. COUNTY, CALIFORNIA. (1) RELEASE OF RETAINED RIGHTS, INTERESTS, Such funds shall remain available until ex- (a) IN GENERAL.—The Secretary shall conduct RESERVATIONS.—With respect to land conveyed pended. a study to determine the feasibility of carrying by the Secretary to the Tennessee Society of SEC. 4004. UPPER MISSISSIPPI RIVER COM- out a project for water supply along the Crippled Children and Adults, Incorporated PREHENSIVE PLAN. Mokelumne River, San Joaquin County, Cali- (now known as ‘‘Easter Seals Tennessee’’), at Section 459(e) of the Water Resources Develop- fornia. Old Hickory Lock and Dam, Cumberland River, ment Act of 1999 (113 Stat. 333; 114 Stat. 2635) is (b) LIMITATION ON STATUTORY CONSTRUC- Tennessee, under section 211 of the Flood Con- amended by striking ‘‘3 years after the first date TION.—Nothing in this section shall be con- trol Act of 1965 (79 Stat. 1087), the reversionary on which funds are appropriated to carry out strued to invalidate, preempt, or create any ex- interests and the use restrictions relating to this section’’ and inserting ‘‘December 30, 2006’’. ception to State water law, State water rights, recreation and camping purposes are extin- SEC. 4005. KNIK ARM, COOK INLET, ALASKA. or Federal or State permitted activities or agree- guished. The Secretary shall conduct, at Federal ex- ments. (2) INSTRUMENT OF RELEASE.—As soon as pos- pense, a study to determine the potential im- SEC. 4017. NAPA RIVER, ST. HELENA, CALIFORNIA. sible after the date of enactment of this Act, the pacts on navigation of construction of a bridge (a) IN GENERAL.—The Secretary shall conduct Secretary shall execute and file in the appro- across Knik Arm, Cook Inlet, Alaska. a comprehensive study of the Napa River in the priate office a deed of release, amended deed, or SEC. 4006. KUSKOKWIM RIVER, ALASKA. vicinity of St. Helena, California, for the pur- other appropriate instrument effectuating the The Secretary shall conduct a study to deter- poses of improving flood management through release of interests required by paragraph (1). mine the feasibility of carrying out a project for reconnecting the river to its floodplain; restoring (c) PORT OF PASCO, WASHINGTON.— navigation, Kuskokwim River, Alaska, in the vi- habitat, including riparian and aquatic habitat; (1) EXTINGUISHMENT OF USE RESTRICTIONS AND cinity of the village of Crooked Creek. improving fish passage and water quality; and FLOWAGE EASEMENT.—With respect to the prop- SEC. 4007. ST. GEORGE HARBOR, ALASKA. erty covered by the deed in paragraph (3)(A)— restoring native plant communities. (A) the flowage easement and human habi- The Secretary shall conduct, at Federal ex- (b) PLANS AND DESIGNS.—In conducting the tation or other building structure use restriction pense, a study to determine the feasibility of study, the Secretary shall review plans and de- is extinguished if the elevation of the property is providing navigation improvements at St. signs developed by non-Federal interests and above the standard project flood elevation; and George Harbor, Alaska. shall incorporate such plans and designs into (B) the use of fill material to raise areas of the SEC. 4008. SUSITNA RIVER, ALASKA. the Federal study if the Secretary determines property above the standard project flood ele- The Secretary shall conduct a study to deter- that such plans and designs are consistent with vation is authorized, except in any area for mine the feasibility of carrying out a project for Federal standards. which a permit under section 404 of the Federal hydropower, recreation, and related purposes on SEC. 4018. ORICK, CALIFORNIA. Water Pollution Control Act (33 U.S.C. 1344) is the Susitna River, Alaska. The Secretary shall conduct a study to deter- required. SEC. 4009. GILA BEND, MARICOPA, ARIZONA. mine the feasibility of carrying out a project for (2) EXTINGUISHMENT OF FLOWAGE EASEMENT.— The Secretary shall conduct a study to deter- flood damage reduction and ecosystem restora- With respect to the property covered by each mine the feasibility of carrying out a project for tion, Orick, California. In conducting the study,

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.044 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5847 the Secretary shall determine the feasibility of ment for the project if the Secretary determines the cost, not to exceed $500,000, of work carried restoring or rehabilitating the Redwood Creek that the work is integral to the project. out by the non-Federal interest before the date Levees, Humboldt County, California. (2) LIMITATION.—In no case may work that of the partnership agreement for the project if SEC. 4019. RIALTO, FONTANA, AND COLTON, CALI- was carried out more than 5 years before the the Secretary determines that the work is inte- FORNIA. date of enactment of this Act be eligible for cred- gral to the project. The Secretary shall conduct a study to deter- it under this subsection. SEC. 4036. BALLARD’S ISLAND SIDE CHANNEL, IL- mine the feasibility of carrying out a project for SEC. 4024. TWENTYNINE PALMS, CALIFORNIA. LINOIS. water supply for Rialto, Fontana, and Colton, The Secretary shall conduct a study to deter- The Secretary shall conduct a study to deter- California. mine the feasibility of carrying out a project for mine the feasibility of carrying out a project for SEC. 4020. SACRAMENTO RIVER, CALIFORNIA. flood damage reduction, Pinto Cove Wash, in ecosystem restoration, Ballard’s Island, Illinois. The Secretary shall conduct a comprehensive the vicinity of Twentynine Palms, California. SEC. 4037. CHICAGO, ILLINOIS. study to determine the feasibility of, and alter- SEC. 4025. YUCCA VALLEY, CALIFORNIA. Section 425(a) of the Water Resources Devel- natives for, measures to protect water diversion The Secretary shall conduct a study to deter- opment Act of 2000 (114 Stat. 2638) is amended facilities and fish protective screen facilities in mine the feasibility of carrying out a project for by inserting ‘‘Lake Michigan and’’ before ‘‘the the vicinity of river mile 178 on the Sacramento flood damage reduction, West Burnt Mountain Chicago River’’. River, California. basin, in the vicinity of Yucca Valley, Cali- SEC. 4038. SOUTH BRANCH, CHICAGO RIVER, CHI- SEC. 4021. SAN DIEGO COUNTY, CALIFORNIA. fornia. CAGO, ILLINOIS. The Secretary shall conduct a study to deter- SEC. 4026. BOULDER CREEK, BOULDER, COLO- The Secretary shall conduct a study to deter- mine the feasibility of carrying out a project for RADO. mine the feasibility of carrying out a project for water supply, San Diego County, California, in- The Secretary shall conduct a study to deter- ecosystem restoration at the South Fork of the cluding a review of the feasibility of connecting mine the feasibility of carrying out a project for South Branch of the Chicago River, Chicago, Il- 4 existing reservoirs to increase usable storage flood damage reduction in the Boulder Creek linois. capacity. floodplain, Colorado. SEC. 4039. UTICA, ILLINOIS. SEC. 4022. SAN FRANCISCO BAY, SACRAMENTO- SEC. 4027. ROARING FORK RIVER, BASALT, COLO- The Secretary shall conduct a study to deter- SAN JOAQUIN DELTA, CALIFORNIA. RADO. mine the feasibility of carrying out a project for (a) IN GENERAL.—The Secretary shall conduct The Secretary shall conduct a study to deter- flood damage reduction in the vicinity of Utica, a study to determine the feasibility of the bene- mine the feasibility of carrying out a project for Illinois. ficial use of dredged material from the San flood damage reduction and other purposes for SEC. 4040. LAKE AND PORTER COUNTIES, INDI- Francisco Bay in the Sacramento-San Joaquin the Roaring Fork River, Basalt, Colorado. ANA. Delta, California, including the benefits and im- The Secretary shall conduct a study to deter- SEC. 4028. DELAWARE AND CHRISTINA RIVERS pacts of salinity in the Delta and the benefits to AND SHELLPOT CREEK, WIL- mine the feasibility of carrying out a project for navigation, flood damage reduction, ecosystem MINGTON, DELAWARE. riverfront development, including enhanced restoration, water quality, salinity control, The Secretary shall conduct a study to deter- public access, recreation, and environmental water supply reliability, and recreation. mine the feasibility of carrying out a project for restoration along Lake Michigan, Hammond, (b) COOPERATION.—In conducting the study, flood damage reduction and related purposes Whiting, East Chicago, Gary, and Portage, In- the Secretary shall cooperate with the Cali- along the Delaware and Christina Rivers and diana. fornia Department of Water Resources and ap- Shellpot Creek, Wilmington, Delaware. SEC. 4041. SALEM, INDIANA. propriate Federal and State entities in devel- SEC. 4029. COLLIER COUNTY BEACHES, FLORIDA. The Secreatry shall conduct a study to deter- oping options for the beneficial use of dredged mine the feasibility of carrying out a project to material from San Francisco Bay for the Sac- The Secretary shall conduct a study to deter- mine the feasibility of carrying out a project for provide an additional water supply source for ramento-San Joaquin Delta area. Salem, Indiana. (c) REVIEW.—The study shall include a review hurricane and storm damage reduction and SEC. 4042. BUCKHORN LAKE, KENTUCKY. of the feasibility of using Sherman Island as a flood damage reduction in the vicinity of Van- (a) IN GENERAL.—The Secretary shall conduct rehandling site for levee maintenance material, derbilt, Park Shore, and Naples beaches, Collier a study to determine the feasibility of modifying as well as for ecosystem restoration. The review County, Florida. the project for flood damage reduction, may include monitoring a pilot project using up SEC. 4030. VANDERBILT BEACH LAGOON, FLOR- Buckhorn Lake, Kentucky, authorized by sec- to 150,000 cubic yards of dredged material and IDA. tion 2 of the Flood Control Act of June 28, 1938 being carried out at the Sherman Island site, ex- The Secretary shall conduct a study to deter- (52 Stat. 1217), to add ecosystem restoration, amining larger scale use of dredged materials mine the feasibility of carrying out a project for recreation, and improved access as project pur- from the San Francisco Bay and Suisun Bay environmental restoration, water supply, and poses, including permanently raising the winter Channel, and analyzing the feasibility of the improvement of water quality at Vanderbilt pool elevation of the project. potential use of saline materials from the San Beach Lagoon, Florida. (b) IN-KIND CONTRIBUTIONS.—The non-Fed- SEC. 4031. MERIWETHER COUNTY, GEORGIA. Francisco Bay for both rehandling and eco- eral interest may provide the non-Federal share The Secretary shall conduct a study to deter- system restoration purposes. of the cost of the study in the form of services, mine the feasibility of carrying out a project for SEC. 4023. SOUTH SAN FRANCISCO BAY SHORE- materials, supplies, or other in-kind contribu- LINE STUDY, CALIFORNIA. water supply, Meriwether County, Georgia. tions. (a) IN GENERAL.—In conducting the South SEC. 4032. TYBEE ISLAND, GEORGIA. SEC. 4043. DEWEY LAKE, KENTUCKY. San Francisco Bay shoreline study, the Sec- The Secretary shall conduct a study to deter- The Secretary shall conduct a study to deter- retary shall— mine the feasibility of including the northern mine the feasibility of modifying the project for (1) review the planning, design, and land ac- end of Tybee Island extending from the north quisition documents prepared by the California Dewey Lake, Kentucky, to add water supply as terminal groin to the mouth of Lazaretto Creek a project purpose. State Coastal Conservancy, the Santa Clara as a part of the project for beach erosion con- SEC. 4044. LOUISVILLE, KENTUCKY. Valley Water District, and other local interests trol, Tybee Island, Georgia, carried out under The Secretary shall conduct a study of the in developing recommendations for measures to section 201 of the Flood Control Act of 1965 (42 project for flood control, Louisville, Kentucky, provide flood protection of the South San Fran- U.S.C. 1962d–5). cisco Bay shoreline, restoration of the South authorized by section 4 of the Flood Control Act SEC. 4033. KAUKONAHUA-HELEMANO WATER- of June 28, 1938 (52 Stat. 1217), to investigate San Francisco Bay salt ponds (including lands SHED, OAHU, HAWAII. owned by the Department of the Interior), and measures to address the rehabilitation of the The Secretary shall conduct a study to deter- project. other related purposes; and mine the feasibility of carrying out a project for (2) incorporate such planning, design, and flood damage reduction, Kaukonahua-Helemano SEC. 4045. BASTROP-MOREHOUSE PARISH, LOU- ISIANA. land acquisition documents into the Federal watershed, Oahu, Hawaii. study if the Secretary determines that such doc- The Secretary shall conduct a study to deter- uments are consistent with Federal standards. SEC. 4034. WEST MAUI, MAUI, HAWAII. mine the feasibility of carrying out a project for (b) REPORT.—Not later than December 31, The Secretary shall conduct a study to deter- water supply, Bastrop-Morehouse Parish, Lou- 2008, the Secretary shall transmit a feasibility mine the feasibility of carrying out projects for isiana. report for the South San Francisco Bay shore- water resources development, environmental res- SEC. 4046. OFFSHORE OIL AND GAS FABRICATION line study to the Committee on Transportation toration, and natural resources protection, West PORTS, LOUISIANA. and Infrastructure of the House of Representa- Maui, Maui, Hawaii. (a) BENEFITS.—In conducting a feasibility tives and the Committee on Environment and SEC. 4035. BOISE RIVER, IDAHO. study for each of the following projects for navi- Public Works of the Senate. The study for flood control, Boise River, gation, the Secretary shall include in the cal- (c) CREDIT.— Idaho, authorized by section 414 of the Water culation of national economic development ben- (1) IN GENERAL.—The Secretary shall credit to- Resources Development Act of 1999 (113 Stat. efits all economic benefits associated with con- ward the non-Federal share of the cost of any 324), is modified— tracts for new energy exploration and contracts project authorized by law as a result of the (1) to add ecosystem restoration and water for the fabrication of energy infrastructure that South San Francisco Bay shoreline study the supply as project purposes to be studied; and would result from carrying out the project: cost of work carried out by the non-Federal in- (2) to require the Secretary to credit toward (1) Atchafalaya River, Bayous Chene, Boeuf, terest before the date of the partnership agree- the non-Federal share of the cost of the study and Black, Louisiana, being conducted under

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.045 H14PT1 H5848 CONGRESSIONAL RECORD — HOUSE July 14, 2005 section 430 of the Water Resources Development modifications to existing improvements in the evaluate potential solutions to flooding from all Act of 2000 (114 Stat. 2639). coastal area of Mississippi in the interest of hur- sources, including flooding that results from ice (2) Iberia Port, Louisiana, being conducted ricane and storm damage reduction, prevention jams. under section 431 of the Water Resources Devel- of saltwater intrusion, preservation of fish and SEC. 4067. EAST CHESTER BAY, TURTLE COVE, opment Act of 2000 (114 Stat. 2639). wildlife, prevention of erosion, and other related NEW YORK. (b) REPEAL.—Section 6009 of the Emergency water resource purposes. The Secretary shall conduct a study to deter- Supplemental Appropriations Act for Defense, SEC. 4056. NORTHEAST MISSISSIPPI. mine the feasibility of carrying out a project for the Global War on Terror, and Tsunami Relief, The Secretary shall conduct a study to deter- navigation, East Chester Creek, Chester Bay, 2005 (Public Law 109–13; 119 Stat. 282) is re- mine the feasibility of modifying the project for Turtle Cove, New York. pealed. navigation, Tennessee-Tombigbee Waterway, SEC. 4068. FINGER LAKES, NEW YORK. SEC. 4047. VERMILION RIVER, LOUISIANA. Alabama and Mississippi, to provide water sup- The Secretary shall conduct a study to deter- The Secretary shall conduct a study to deter- ply for northeast Mississippi. mine the feasibility of carrying out a project for mine the feasibility of carrying out a project for SEC. 4057. ST. LOUIS, MISSOURI. aquatic ecosystem restoration and protection, navigation on the Vermilion River, Louisiana, The Secretary shall conduct a study to deter- Finger Lakes, New York, to address water qual- from the intersection of the Vermilion River and mine the feasibility of carrying out a project for ity and invasive species. the Gulf Intracoastal Waterway to the indus- flood damage reduction, St. Louis, Missouri, to SEC. 4069. HUDSON-RARITAN ESTUARY, NEW trial area north of the Vermilion River. restore or rehabilitate the levee system feature of YORK AND NEW JERSEY. SEC. 4048. WEST FELICIANA PARISH, LOUISIANA. the project for flood protection, St. Louis, Mis- In conducting the study for environmental The Secretary shall conduct a study to deter- souri, authorized by the first section of the Act restoration, Hudson-Raritan Estuary, New York mine the feasibility of carrying out a project for entitled ‘‘An Act authorizing construction of and New Jersey, the Secretary shall establish riverfront development, including enhanced certain public works on the Mississippi River for and utilize watershed restoration teams com- public access, recreation, and environmental the protection of Saint Louis, Missouri’’, ap- posed of estuary restoration experts from the restoration, on the Mississippi River in West proved August 9, 1955 (69 Stat. 540). Corps of Engineers, the New Jersey Department Feliciana Parish, Louisiana. SEC. 4058. DREDGED MATERIAL DISPOSAL, NEW of Environmental Protection, and the Port Au- SEC. 4049. PATAPSCO RIVER, MARYLAND. JERSEY. thority of New York and New Jersey and other The Secretary shall conduct a study to deter- The Secretary shall conduct a study to deter- experts designated by the Secretary for the pur- mine and assess the impact of debris in the Pa- mine the feasibility of carrying out a project in pose of developing habitat restoration and water tapsco River basin, Maryland, on wetlands, the vicinity of the Atlantic Intracoastal Water- quality enhancement. water quality, and public health and to identify way, New Jersey, for the construction of a SEC. 4070. LAKE ERIE SHORELINE, BUFFALO, NEW management measures to reduce the inflow of dredged material disposal transfer facility to YORK. debris into the Patapsco River. make dredged material available for beneficial The Secretary shall conduct a study to deter- SEC. 4050. FALL RIVER HARBOR, MASSACHUSETTS reuse. mine the feasibility of carrying out a project for AND RHODE ISLAND. SEC. 4059. BAYONNE, NEW JERSEY. storm damage reduction and shoreline protec- The Secretary shall conduct a study to deter- The Secretary shall conduct a study to deter- tion in the vicinity of Gallagher Beach, Lake mine the feasibility of deepening that portion of mine the feasibility of carrying out a project for Erie Shoreline, Buffalo, New York. the navigation channel of the navigation project environmental restoration, including improved SEC. 4071. NEWTOWN CREEK, NEW YORK. for Fall River Harbor, Massachusetts and Rhode water quality, enhanced public access, and The Secretary shall conduct a study to deter- Island, authorized by section 101 of the River recreation, on the Kill Van Kull, Bayonne, New mine the feasibility of carrying out ecosystem and Harbor Act of 1968 (82 Stat. 731), seaward of Jersey. restoration improvements on Newtown Creek, the Charles M. Braga, Jr. Memorial Bridge, Fall SEC. 4060. CARTERET, NEW JERSEY. Brooklyn and Queens, New York. River and Somerset, Massachusetts. The Secretary shall conduct a study to deter- SEC. 4072. NIAGARA RIVER, NEW YORK. mine the feasibility of carrying out a project for SEC. 4051. HAMBURG AND GREEN OAK TOWN- The Secretary shall conduct a study to deter- SHIPS, MICHIGAN. environmental restoration, including improved mine the feasibility of carrying out a project for water quality, enhanced public access, and The Secretary shall conduct a study to deter- a low-head hydroelectric generating facility in recreation, on the Raritan River, Carteret, New mine the feasibility of carrying out a project for the Niagara River, New York. flood damage reduction on Ore Lake and the Jersey. SEC. 4073. UPPER DELAWARE RIVER WATERSHED, Huron River for Hamburg and Green Oak SEC. 4061. ELIZABETH RIVER, ELIZABETH, NEW NEW YORK. Townships, Michigan. JERSEY. Notwithstanding section 221(b) of the Flood SEC. 4052. ST. CLAIR RIVER, MICHIGAN. The Secretary shall conduct a study to deter- mine the feasibility of carrying out ecosystem Control Act of 1970 (42 U.S.C. 1962d–5b(b)) and (a) IN GENERAL.—The Secretary shall carry with the consent of the affected local govern- out a study of the relationships among dredging restoration improvements in the Elizabeth River watershed, Elizabeth, New Jersey. ment, a nonprofit organization may serve as the of the St. Clair River for navigation, erosion in non-Federal interest for a study for the Upper SEC. 4062. GLOUCESTER COUNTY, NEW JERSEY. the river, and declining water levels in the river Delaware River watershed, New York, being The Secretary shall conduct a study to deter- and in Lake Michigan and Lake Huron. carried out under Committee Resolution 2495 of mine the feasibility of carrying out a project for (b) RECOMMENDATIONS.—The report on the re- the Committee on Transportation and Infra- flood damage reduction, Gloucester, New Jersey, sults of the study may include recommendations structure of the House of Representatives, including the feasibility of restoring the flood to address water level declines in Lake Michi- adopted May 9, 1996. gan and Lake Huron. protection dikes in Gibbstown, New Jersey, and the associated tidegates in Gloucester, New Jer- SEC. 4074. LINCOLN COUNTY, NORTH CAROLINA. SEC. 4053. DULUTH-SUPERIOR HARBOR, MIN- The Secretary shall conduct a study of exist- NESOTA AND WISCONSIN. sey. ing water and water quality-related infrastruc- (a) IN GENERAL.—The Secretary shall conduct SEC. 4063. PERTH AMBOY, NEW JERSEY. ture in Lincoln County, North Carolina, to as- a study and prepare a report to evaluate the in- The Secretary shall conduct a study to deter- sist local interests in determining the most effi- tegrity of the bulkhead system located on and in mine the feasibility of carrying out a project for cient and effective way to connect county infra- the vicinity of Duluth-Superior Harbor, Duluth, riverfront development, including enhanced structure. Minnesota, and Superior, Wisconsin. public access, recreation, and environmental (b) CONTENTS.—The report shall include— restoration, on the Arthur Kill, Perth Amboy, SEC. 4075. WILKES COUNTY, NORTH CAROLINA. (1) a determination of causes of corrosion of New Jersey. The Secretary shall conduct a study to deter- the bulkhead system; SEC. 4064. WRECK POND, MONMOUTH COUNTY, mine the feasibility of carrying out a project for (2) recommendations to reduce corrosion of the NEW JERSEY. water supply, Wilkes County, North Carolina. bulkhead system; The Secretary shall conduct a study to deter- SEC. 4076. YADKINVILLE, NORTH CAROLINA. (3) a description of the necessary repairs to mine the feasibility of carrying out a project for The Secretary shall conduct a study to deter- the bulkhead system; and environmental restoration at Wreck Pond, New mine the feasibility of carrying out a project for (4) an estimate of the cost of addressing the Jersey, including Black Creek and associated water supply, Yadkinville, North Carolina. causes of the corrosion and carrying out nec- waters. SEC. 4077. CINCINNATI, OHIO. essary repairs. SEC. 4065. BATAVIA, NEW YORK. (a) IN GENERAL.—The Secretary shall conduct SEC. 4054. WILD RICE RIVER, MINNESOTA. The Secretary shall conduct a study to deter- a study to determine the feasibility of carrying The Secretary shall review the project for mine the feasibility of carrying out a project for out a project for ecosystem restoration and flood protection and other purposes on Wild hydropower and related purposes in the vicinity recreation on the Ohio River, Cincinnati, Ohio. Rice River, Minnesota, authorized by section 201 of Batavia, New York. (b) DESIGN.—While conducting the study, the of the Flood Control Act of 1970 (84 Stat. 1825), SEC. 4066. BIG SISTER CREEK, EVANS, NEW YORK. Secretary may continue to carry out design to develop alternatives to the Twin Valley Lake (a) IN GENERAL.—The Secretary shall conduct work for the project as authorized by section 118 feature. a study to determine the feasibility of carrying of division H of the Consolidated Appropriations SEC. 4055. MISSISSIPPI COASTAL AREA, MIS- out a project for flood damage reduction, Big Act, 2004 (118 Stat. 439). SISSIPPI. Sister Creek, Evans, New York. (c) EXISTING PLANS.—In conducting the study, The Secretary shall conduct a study to deter- (b) EVALUATION OF POTENTIAL SOLUTIONS.— the Secretary shall review the Central River- mine the feasibility of making improvements or In conducting the study, the Secretary shall front Park Master Plan, dated December 1999,

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.045 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5849 and incorporate any components of the plan (1) credit toward the non-Federal share of the SEC. 4092. RIO VALENCIANO, JUNCOS, PUERTO that the Secretary determines are consistent cost of the study the cost of work carried out by RICO. with Federal standards. the non-Federal interest before the date of the (a) IN GENERAL.—The Secretary shall conduct (d) CREDIT.— partnership agreement for the project if the Sec- a study to reevaluate the project for flood dam- (1) IN GENERAL.—The Secretary shall credit to- retary determines that the work is integral to age reduction and water supply, Rio ward the non-Federal share of the cost of any the project; and Valenciano, Juncos, Puerto Rico, authorized by project authorized by law as a result of the (2) allow the non-Federal interest to provide section 209 of the Flood Control Act of 1962 (76 study the cost of work carried out by the non- the non-Federal share of the cost of the study in Stat. 1197) and section 204 of the Flood Control Federal interest before the date of the partner- the form of in-kind services and materials. Act of 1970 (84 Stat. 1828), to determine the fea- ship agreement for the project if the Secretary sibility of carrying out the project. SEC. 4085. CHARTIERS CREEK WATERSHED, PENN- determines that the work is integral to the SYLVANIA. (b) CREDIT.—The Secretary shall credit to- ward the non-Federal share of the cost of the project. The Secretary shall conduct a study to deter- (2) LIMITATION.—In no case may work that study the cost of work carried out by the non- mine the feasibility of carrying out a project for was carried out more than 5 years before the Federal interest before the date of the partner- flood damage reduction, Chartiers Creek water- date of enactment of this Act be eligible for cred- ship agreement for the project if the Secretary shed, Pennsylvania. it under this subsection. determines that the work is integral to the SEC. 4086. KINZUA DAM AND ALLEGHENY RES- SEC. 4078. EUCLID, OHIO. project. ERVOIR, PENNSYLVANIA. The Secretary shall conduct a study to deter- SEC. 4093. CROOKED CREEK, BENNETTSVILLE, mine the feasibility of carrying out a project for The Secretary shall conduct a study of the SOUTH CAROLINA. navigation, ecosystem restoration, and recre- project for flood control, Kinzua Dam and Alle- The Secretary shall conduct a study to deter- ation on Lake Erie, in the vicinity of the Euclid gheny Reservoir, Warren, Pennsylvania, au- mine the feasibility of carrying out a project for Lakefront, Euclid, Ohio. thorized by section 5 of the Flood Control Act of water supply, Crooked Creek, Bennettsville, June 22, 1936 (49 Stat. 1570), and modified by SEC. 4079. LAKE ERIE, OHIO. South Carolina. section 2 of the Flood Control Act of June 28, The Secretary shall conduct a study to deter- 1938 (52 Stat. 1215), section 2 of the Flood Con- SEC. 4094. BROAD RIVER, YORK COUNTY, SOUTH mine the feasibility of carrying out projects for CAROLINA. trol Act of August 18, 1941 (55 Stat. 646), and power generation at confined disposal facilities The Secretary shall conduct a study to deter- section 4 of the Flood Control Act of December along Lake Erie, Ohio. mine the feasibility of carrying out a project for 22, 1944 (58 Stat. 887), to review operations of water supply, Broad River, York County, South SEC. 4080. OHIO RIVER, OHIO. and identify modifications to the project to ex- Carolina. The Secretary shall conduct a study to deter- pand recreational opportunities. mine the feasibility of carrying out projects for SEC. 4095. GEORGETOWN AND WILLIAMSBURG flood damage reduction on the Ohio River in SEC. 4087. NORTH CENTRAL PENNSYLVANIA. COUNTIES, SOUTH CAROLINA. Mahoning, Columbiana, Jefferson, Belmont, The Secretary shall conduct a study to deter- The Secretary shall conduct a study to deter- Noble, Monroe, Washington, Athens, Meigs, mine the feasibility of carrying out project for mine the feasibility of carrying out a project for Gallia, Lawrence, and Scioto Counties, Ohio. aquatic ecosystem restoration and protection in water supply for Georgetown and Williamsburg Warren, McKean, Potter, Tioga, Lycoming, SEC. 4081. SUTHERLIN, OREGON. Counties, South Carolina, including the viabil- Centre, Cameron, Elk, Clearfield, Jefferson, (a) STUDY.—The Secretary shall conduct a ity and practicality of constructing a desaliniza- study of water resources along Sutherlin Creek Clarion, Venango, Forest, Clinton, Crawford, tion water treatment facility to meet such water in the vicinity of Sutherlin, Oregon, to deter- and Mifflin Counties, Pennsylvania, particu- supply needs. larly as related to abandoned mine drainage mine the feasibility of carrying out a project to SEC. 4096. CHATTANOOGA, TENNESSEE. restore and enhance aquatic resources using a abatement and reestablishment of stream and The Secretary shall conduct a study to deter- combination of structural and bioengineering river channels. mine the feasibility of carrying out a project for techniques and, if the Secretary determines that SEC. 4088. NORTHAMPTON AND LEHIGH COUN- flood damage reduction, Chattanooga Creek, the project is feasible, the Secretary may carry TIES STREAMS, PENNSYLVANIA. Dobbs Branch, Chattanooga, Tennessee. out the project. The Secretary shall conduct a study to deter- SEC. 4097. CLEVELAND, TENNESSEE. (b) AUTHORIZATION OF APPROPRIATIONS.— mine the feasibility of carrying out a project for The Secretary shall conduct a study to deter- There is authorized to be appropriated to carry ecosystem restoration, floodplain management, mine the feasibility of carrying out a project for out this section $2,500,000. flood damage reduction, water quality control, flood damage reduction, Cleveland, Tennessee. SEC. 4082. TILLAMOOK BAY AND BAR, OREGON. and watershed management, for the streams of Northampton and Lehigh Counties, Pennsyl- SEC. 4098. CUMBERLAND RIVER, NASHVILLE, TEN- The Secretary shall conduct a study of the NESSEE. vania. project for navigation, Tillamook Bay and Bar, The Secretary shall conduct a study to deter- Oregon, authorized by the first section of the SEC. 4089. WESTERN PENNSYLVANIA FLOOD DAM- mine the feasibility of carrying out a project for River and Harbor Appropriations Act of July 25, AGE REDUCTION. recreation on, riverbank protection for, and en- 1912 (37 Stat. 220), to investigate measures to ad- (a) IN GENERAL.—The Secretary shall conduct vironmental protection of, the Cumberland River dress dangerous and hazardous wave and ocean a study of structural and nonstructural flood and riparian habitats in the city of Nashville conditions. damage reduction, stream bank protection, and Davidson County, Tennessee. storm water management, channel clearing and SEC. 4083. ECOSYSTEM RESTORATION AND FISH SEC. 4099. LEWIS, LAWRENCE, AND WAYNE COUN- PASSAGE IMPROVEMENTS, OREGON. modification, and watershed coordination meas- TIES, TENNESSEE. (a) STUDY.—The Secretary shall conduct a ures in the Mahoning River basin, Pennsyl- The Secretary shall conduct a study to deter- study to determine the feasibility of undertaking vania, the Allegheny River basin, Pennsylvania, mine the feasibility of carrying out a project for ecosystem restoration and fish passage improve- and the Upper Ohio River basin, Pennsylvania, water supply for Lewis, Lawrence, and Wayne ments on rivers throughout the State of Oregon. to provide a level of flood protection sufficient Counties, Tennessee. (b) REQUIREMENTS.—In carrying out the to prevent future losses to communities located SEC. 4100. WOLF RIVER AND NONCONNAH CREEK, study, the Secretary shall— in such basins from flooding such as occurred in MEMPHIS TENNESSEE. (1) work in coordination with the State of Or- September 2004, but not less than a 100-year The Secretary shall conduct a study to deter- egon, local governments, and other Federal level of flood protection. mine the feasibility of carrying out a project for agencies; and (b) PRIORITY COMMUNITIES.—In carrying out flood damage reduction along Wolf River and (2) place emphasis on— this section, the Secretary shall give priority to (A) fish passage and conservation and res- Nonconnah Creek, in the vicinity of Memphis, the following Pennsylvania communities: Mar- Tennessee, to include the repair, replacement, toration strategies to benefit species that are shall Township, Ross Township, Shaler Town- listed or proposed for listing as threatened or rehabilitation, and restoration of the following ship, Jackson Township, Harmony, Zelienople, pumping stations: Cypress Creek, Nonconnah endangered species under the Endangered Spe- Darlington Township, Houston Borough, cies Act of 1973 (16 U.S.C. 1531 et seq.); and Creek, Ensley, Marble Bayou, and Bayou Chartiers Township, Washington, Canton Gayoso. (B) other watershed restoration objectives. Township, Tarentum Borough, and East Deer (c) PILOT PROGRAM.— Township. SEC. 4101. ABILENE, TEXAS. (1) IN GENERAL.—In conjunction with con- The Secretary shall conduct a study to deter- ducting the study under subsection (a), the Sec- SEC. 4090. WILLIAMSPORT, PENNSYLVANIA. mine the feasibility of carrying out a project for retary may carry out pilot projects to dem- The Secretary shall conduct a study of the water supply, Abilene, Texas. project for flood control, Williamsport, Pennsyl- onstrate the effectiveness of ecosystem restora- SEC. 4102. COASTAL TEXAS ECOSYSTEM PROTEC- tion and fish passages. vania, authorized by section 5 of the Flood Con- TION AND RESTORATION, TEXAS. (2) AUTHORIZATION OF APPROPRIATIONS.— trol Act of June 22, 1936 (49 Stat. 1570), to inves- (a) IN GENERAL.—The Secretary shall develop There is authorized to be appropriated $5,000,000 tigate measures to rehabilitate the project. a comprehensive plan to determine the feasi- to carry out this subsection. SEC. 4091. YARDLEY BOROUGH, PENNSYLVANIA. bility of carrying out projects for flood damage SEC. 4084. WALLA WALLA RIVER BASIN, OREGON. The Secretary shall conduct a study to deter- reduction, hurricane and storm damage reduc- In conducting the study of determine the fea- mine the feasibility of carrying out a project for tion, and ecosystem restoration in the coastal sibility of carrying out a project for ecosystem flood damage reduction, at Yardley Borough, areas of the State of Texas. restoration, Walla Walla River Basin, Oregon, Pennsylvania, including the alternative of rais- (b) SCOPE.—The comprehensive plan shall the Secretary shall— ing River Road. provide for the protection, conservation, and

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.045 H14PT1 H5850 CONGRESSIONAL RECORD — HOUSE July 14, 2005 restoration of wetlands, barrier islands, shore- value of contributions accepted by the Secretary (1) Cucamonga basin, Upland, California. lines, and related lands and features that pro- under subsection (b). (2) Charlotte Harbor watershed, Florida. tect critical resources, habitat, and infrastruc- SEC. 4113. MONONGAHELA RIVER BASIN, NORTH- (3) Big Creek watershed, Roswell, Georgia. ture from the impacts of coastal storms, hurri- ERN WEST VIRGINIA. (4) Those portions of the watersheds of the canes, erosion, and subsidence. The Secretary shall conduct a study to deter- Chattahoochee, Etowah, Flint, Ocmulgee, and (c) DEFINITION.—For purposes of this section, mine the feasibility of carrying out aquatic eco- Oconee Rivers lying within the counties of the term ‘‘coastal areas in the State of Texas’’ system restoration and protection projects in the Bartow, Cherokee, Clayton, Cobb, Coweta, means the coastal areas of the State of Texas watersheds of the Monongahela River Basin DeKalb, Douglas, Fayette, Fulton, Forsyth, from the Sabine River on the east to the Rio lying within the counties of Hancock, Ohio, Gwinnett, Hall, Henry, Paulding, Rockdale, and Grande River on the west and includes tidal wa- Marshall, Wetzel, Tyler, Pleasants, Wood, Walton, Georgia. ters, barrier islands, marches, coastal wetlands, Doddridge, Monongalia, Marion, Harrison, Tay- (5) Kinkaid Lake, Jackson County, Illinois. rivers and streams, and adjacent areas. lor, Barbour, Preston, Tucker, Mineral, Grant, (6) Amite River basin, Louisiana. SEC. 4103. FORT BEND COUNTY, TEXAS. Gilmer, Brooke, and Rithchie, West Virginia, (7) East Atchafalaya River basin, Iberville The Secretary shall conduct a study to deter- particularly as related to abandoned mine Parish and Pointe Coupee Parish, Louisiana. mine the feasibility of carrying out a project for drainage abatement. (8) Red River watershed, Louisiana. (9) Taunton River basin, Massachusetts. flood damage reduction, Fort Bend County, SEC. 4114. KENOSHA HARBOR, WISCONSIN. (10) Lower Platte River watershed, Nebraska. Texas. The Secretary shall conduct a study to deter- mine the feasibility of carrying out a project for (11) Rio Grande watershed, New Mexico. SEC. 4104. HARRIS COUNTY, TEXAS. (12) Marlboro Township, New Jersey. navigation, Kenosha Harbor, Wisconsin, includ- The Secretary shall conduct a study to deter- (13) Buffalo River watershed, New York. ing the extension of existing piers. mine the feasibility of carrying out a project for (14) Cattaragus Creek watershed, New York. flood damage reduction, Harris County, Texas. SEC. 4115. WAUWATOSA, WISCONSIN. (15) Eighteenmile Creek watershed, Niagara SEC. 4105. PORT OF GALVESTON, TEXAS. The Secretary shall conduct a study to deter- County, New York. The Secretary shall conduct a study of the mine the feasibility of carrying out a project for (16) Esopus, Plattekill, and Rondout Creeks, feasibility of carrying out a project for dredged flood damage reduction and environmental res- Greene, Sullivan, and Ulster Counties, New material disposal in the vicinity of the project toration, Menomonee River and Underwood York. for navigation and environmental restoration, Creek, Wauwatosa, Wisconsin, and greater Mil- (17) Genesee River watershed, New York. Houston-Galveston Navigation Channels, Texas, waukee watersheds, Wisconsin. (18) Greenwood Lake watershed, New York authorized by section 101(a)(30) of the Water TITLE V—MISCELLANEOUS PROVISIONS and New Jersey. Resources Development Act of 1996 (110 Stat. SEC. 5001. MAINTENANCE OF NAVIGATION CHAN- (19) Long Island Sound watershed, New York. 3666). NELS. (20) Oswego River basin, New York. (21) Ramapo River watershed, New York. SEC. 4106. ROMA CREEK, TEXAS. (a) IN GENERAL.—Upon request of a non-Fed- (22) Tonawanda Creek watershed, New York. The Secretary shall conduct a study to deter- eral interest, the Secretary shall be responsible for maintenance of the following navigation (23) Tuscarawas River basin, Ohio. mine the feasibility of carrying out a project for (24) Western Lake Erie basin, Ohio. flood damage reduction, Roma Creek, Texas. channels and breakwaters constructed or im- proved by the non-Federal interest if the Sec- (25) Those portions of the watersheds of the SEC. 4107. WALNUT CREEK, TEXAS. retary determines that such maintenance is eco- Beaver, Upper Ohio, Connoquenessing, Lower The Secretary shall conduct a study to deter- nomically justified and environmentally accept- Allegheny, Kiskiminetas, Lower Monongahela, mine the feasibility of carrying out a project for able and that the channel or breakwater was Youghiogheny, Shenango, and Mahoning Riv- flood damage reduction, environmental restora- constructed in accordance with applicable per- ers lying within the counties of Beaver, Butler, tion, and erosion control, Walnut Creek, Texas. mits and appropriate engineering and design Lawrence, and Mercer, Pennsylvania. SEC. 4108. GRAND COUNTY AND MOAB, UTAH. standards: (26) Otter Creek watershed, Pennsylvania. The Secretary shall conduct a study to deter- (1) Manatee Harbor basin, Florida. (27) Unami Creek watershed, Milford Town- mine the feasibility of carrying out a project for (2) Bayou LaFourche Channel, Port ship, Pennsylvania. water supply for Grand County and the city of Fourchon, Louisiana. (28) Sauk River basin, Washington. Moab, Utah, including a review of the impact of (3) Calcasieu River at Devil’s Elbow, Lou- (29) Greater Milwaukee watersheds, Wis- current and future demands on the Spanish isiana. consin. Valley Aquifer. (4) Pidgeon Industrial Harbor, Pidgeon Indus- (e) AUTHORIZATION OF APPROPRIATIONS.— SEC. 4109. SOUTHWESTERN UTAH. trial Park, Memphis Harbor, Tennessee. There is authorized to be appropriated to carry out this section $15,000,000. The Secretary shall conduct a study to deter- (5) Pix Bayou Navigation Channel, Chambers mine the feasibility of carrying out a project for County, Texas. SEC. 5003. DAM SAFETY. flood damage reduction, Santa Clara River, (6) Racine Harbor, Wisconsin. (a) ASSISTANCE.—The Secretary may provide Washington, Iron, and Kane Counties, Utah. (b) COMPLETION OF ASSESSMENT.—Not later assistance to enhance dam safety at the fol- than 6 months after the date of receipt of a re- lowing locations: SEC. 4110. CHOWAN RIVER BASIN, VIRGINIA AND quest from a non-Federal interest for Federal NORTH CAROLINA. (1) Fish Creek Dam, Blaine County, Idaho. assumption of maintenance of a channel listed (A) Hamilton Dam, Saginaw River, Flint, The Secretary shall conduct a study to deter- in subsection (a), the Secretary shall make a de- Michigan. mine the feasibility of carrying out a project for termination as provided in subsection (a) and (B) Candor Dam, Candor, New York. flood damage reduction, environmental restora- advise the non-Federal interest of the Sec- (C) State Dam, Auburn, New York. tion, navigation, and erosion control, Chowan retary’s determination. (D) Whaley Lake Dam, Pawling, New York. River basin, Virginia and North Carolina. SEC. 5002. WATERSHED MANAGEMENT. (E) Ingham Spring Dam, Solebury Township, SEC. 4111. JAMES RIVER, RICHMOND, VIRGINIA. (a) IN GENERAL.—The Secretary may provide Pennsylvania. The Secretary shall conduct a study to deter- technical, planning, and design assistance to (F) Leaser Lake Dam, Lehigh County, Penn- mine the feasibility of carrying out a project for non-Federal interests for carrying out water- sylvania. flood damage reduction for the James River in shed management, restoration, and development (G) Stillwater Dam, Monroe County, Pennsyl- the vicinity of Richmond, Virginia, including projects at the locations described in subsection vania. the Shockoe Bottom area. (d). (H) Wissahickon Creek Dam, Montgomery SEC. 4112. ELLIOTT BAY SEAWALL, SEATTLE, (b) SPECIFIC MEASURES.—Assistance provided County, Pennsylvania. WASHINGTON. under subsection (a) may be in support of non- (b) SPECIAL RULE.—The assistance provided (a) IN GENERAL.—The study for rehabilitation Federal projects for the following purposes: under subsection (a) for State Dam, Auburn, of the Elliott Bay Seawall, Seattle, Washington, (1) Management and restoration of water New York, shall be for a project for rehabilita- being carried out under Committee Resolution quality. tion in accordance with the report on State Dam 2704 of the Committee on Transportation and (2) Control and remediation of toxic sedi- Rehabilitation, Owasco Lake Outlet, New York, Infrastructure of the House of Representatives ments. dated March 1999, if the Secretary determines adopted September 25, 2002, is modified to in- (3) Restoration of degraded streams, rivers, that the project is feasible. clude a determination of the feasibility of reduc- wetlands, and other waterbodies to their nat- (c) FERN RIDGE DAM, OREGON.—It is the sense ing future damage to the seawall from seismic ural condition as a means to control flooding, of Congress that the Secretary should imme- activity. excessive erosion, and sedimentation. diately carry out a project to remedy the situa- (b) ACCEPTANCE OF CONTRIBUTIONS.—In car- (4) Protection and restoration of watersheds, tion at Fern Ridge Dam, Oregon, due to the rying out the study, the Secretary may accept including urban watersheds. rapid deterioration of the dam. Cost sharing for contributions in excess of the non-Federal share (5) Demonstration of technologies for non- the project shall be as provided by section 1203 of the cost of the study from the non-Federal in- structural measures to reduce destructive im- of the Water Resources Development Act of 1986 terest to the extent that the Secretary deter- pacts of flooding. (33 U.S.C. 467n). mines that the contributions will facilitate com- (c) NON-FEDERAL SHARE.—The non-Federal (d) KEHLY RUN DAMS, PENNSYLVANIA.—Sec- pletion of the study. share of the cost of assistance provided under tion 504(a)(2) of the Water Resources Develop- (c) CREDIT.—The Secretary shall credit toward subsection (a) shall be 50 percent. ment Act of 1999 (113 Stat. 338; 117 Stat. 1842) is the non-Federal share of the cost of any project (d) PROJECT LOCATIONS.—The locations re- amended by striking ‘‘Dams’’ and inserting authorized by law as a result of the study the ferred to in subsection (a) are the following: ‘‘Dams No. 1–5’’.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.045 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5851

(e) AUTHORIZATION OF APPROPRIATIONS.— (3) Steele Creek, Village of Ilion, New York, Stat. 2646) is amended by striking ‘‘50 percent’’ There is authorized to be appropriated to carry being carried out under section 205 of the Flood and inserting ‘‘100 percent’’. out subsection (a) $6,000,000. Control Act of 1948 (33 U.S.C. 701s). SEC. 5013. GREAT LAKES REMEDIAL ACTION SEC. 5004. STRUCTURAL INTEGRITY EVALUA- (4) Oriskany Wildlife Management Area, PLANS AND SEDIMENT REMEDI- TIONS. Rome, New York, being carried out under sec- ATION. (a) IN GENERAL.—Upon request of a non-Fed- tion 206 of the Water Resources Development Section 401(c) of the Water Resources Develop- eral interest, the Secretary shall evaluate the Act of 1996 (33 U.S.C. 2330). ment Act of 1990 (33 U.S.C. 1268 note; 114 Stat. structural integrity and effectiveness of a (5) Whitney Point Lake, Otselic River, Whit- 2613) is amended by striking ‘‘2006’’ and insert- project for flood damage reduction and, if the ney Point, New York, being carried out under ing ‘‘2011’’. Secretary determines that the project does not section 1135 of the Water Resources Develop- SEC. 5014. GREAT LAKES TRIBUTARY MODEL. meet such minimum standards as the Secretary ment Act of 1986 (33 U.S.C. 2309a). Section 516(g)(2) of the Water Resources De- may establish and, absent action by the Sec- (6) Newton Creek, Bainbridge, New York, velopment Act of 1996 (33 U.S.C. 2326b(g)(2)) is retary, the project will fail, the Secretary may being carried out under section 14 of the Flood amended by striking ‘‘2006’’ and inserting take such action as may be necessary to restore Control Act of 1946 (33 U.S.C. 701r). ‘‘2011’’. the integrity and effectiveness of the project. (7) Chenango Lake, Chenango County, New SEC. 5015. SUSQUEHANNA, DELAWARE, AND PO- (b) PRIORITY.—The Secretary shall evaluate York, being carried out under section 206 of the TOMAC RIVER BASINS. under subsection (a) the following projects: Water Resources Development Act of 1996 (33 (a) EX OFFICIO MEMBER.—Notwithstanding (1) Project for flood damage reduction, Arkan- U.S.C. 2330). section 3001(a) of the 1997 Emergency Supple- sas River Levees, river mile 205 to river mile SEC. 5008. EXPEDITED COMPLETION OF REPORTS mental Appropriations Act for Recovery From 308.4, Arkansas. FOR CERTAIN PROJECTS. Natural Disasters, and for Overseas Peace- (2) Project for flood damage reduction, (a) IN GENERAL.—The Secretary shall expedite keeping Efforts, Including Those in Bosnia (111 Nonconnah Creek, Tennessee. completion of the reports for the following Stat. 176) and section 2.2 of both the Susque- SEC. 5005. FLOOD MITIGATION PRIORITY AREAS. projects and, if the Secretary determines that a hanna River Basin Compact (Public Law 91– (a) IN GENERAL.—Section 212(e) of the Water project is justified in the completed report, pro- 575) and the Delaware River Basin Compact Resources Development Act of 1999 (33 U.S.C. ceed directly to project preconstruction, engi- (Public Law 87–328), beginning in fiscal year 2332(e); 114 Stat. 2599) is amended— neering, and design: 2005 and thereafter, the Division Engineer, (1) by striking ‘‘and’’ at the end of para- (1) Project for water supply, Little Red River, North Atlantic Division, Corps of Engineers, graphs (23) and (27); Arkansas. shall be the ex officio United States member (2) Project for shoreline stabilization at (2) by striking the period at the end of para- under the Susquehanna River Basin Compact Egmont Key, Florida. graph (28) and inserting a semicolon; and and the Delaware River Basin Compact, who (3) by adding at the end the following: (3) Project for ecosystem restoration, Univer- sity Lake, Baton Rouge, Louisiana. shall serve without additional compensation ‘‘(29) Ascension Parish, Louisiana; and who may designate an alternate member or ‘‘(30) East Baton Rouge Parish, Louisiana; (4) Project for hurricane and storm damage re- duction, Montauk Point, New York. members in accordance with the terms of those ‘‘(31) Iberville Parish, Louisiana; respective compacts. ‘‘(32) Livingston Parish, Louisiana; and (b) SPECIAL RULE FOR EGMONT KEY, FLOR- (b) AUTHORIZATION TO ALLOCATE.—The Sec- ‘‘(33) Pointe Coupee Parish, Louisiana.’’. IDA.—In carrying out the project for shoreline retary may allocate funds to the Susquehanna (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- stabilization at Egmont Key, Florida, referred to River Basin Commission, Delaware River Basin tion 212(i)(1) of such Act (33 U.S.C. 2332(i)(1)) is in subsection (a)(2), the Secretary shall waive Commission, and the Interstate Commission on amended by striking ‘‘section—’’ and all that any cost share to be provided by non-Federal in- the Potomac River Basin (Potomac River Basin follows before the period at the end and insert- terests for any portion of the project that bene- Compact (Public Law 91–407)) to fulfill the equi- ing ‘‘section $20,000,000’’. fits federally owned property. (c) SPECIAL RULE FOR MONTAUK POINT, NEW table funding requirements of their respective SEC. 5006. ADDITIONAL ASSISTANCE FOR AU- interstate compacts. THORIZED PROJECTS. YORK.—The Secretary shall complete the report (c) WATER SUPPLY AND CONSERVATION STOR- (a) IN GENERAL.—Section 219(e) of the Water for the project referred to in subsection (a)(4) AGE.—The Secretary shall enter into an agree- Resources Development Act of 1992 (106 Stat. not later than September 30, 2005, notwith- standing the ownership of the property to be ment with the Delaware River Basin Commis- 4835; 110 Stat. 3757; 113 Stat. 334) is amended— sion to provide temporary water supply and (1) by striking ‘‘and’’ at the end of paragraph protected. conservation storage at the Francis E. Walter (7); SEC. 5009. SOUTHEASTERN WATER RESOURCES Dam, Pennsylvania, during any period in which (2) by striking the period at the end of para- ASSESSMENT. the Commission has determined that a drought graph (8) and inserting a semicolon; and (a) IN GENERAL.—The Secretary shall con- (3) by adding at the end the following: duct, at Federal expense, an assessment of the warning or drought emergency exists. The ‘‘(9) $35,000,000 for the project described in water resources needs of the river basins and agreement shall provide that the cost for any subsection (c)(18); watersheds of the southeastern United States. such water supply and conservation storage ‘‘(10) $20,000,000 for the project described in (b) COOPERATIVE AGREEMENTS.—In carrying shall not exceed the incremental operating costs subsection (c)(20); out the assessment, the Secretary may enter into associated with providing the storage. ‘‘(11) $35,000,000 for the project described in cooperative agreements with State and local SEC. 5016. CHESAPEAKE BAY ENVIRONMENTAL subsection (c)(23); agencies, non-Federal and nonprofit entities, RESTORATION AND PROTECTION ‘‘(12) $20,000,000 for the project described in and regional researchers. PROGRAM. subsection (c)(25); (c) AUTHORIZATION OF APPROPRIATIONS.— (a) FORM OF ASSISTANCE.—Section 510(a)(2) of ‘‘(13) $20,000,000 for the project described in There is authorized to be appropriated $7,000,000 the Water Resources Development Act of 1996 subsection (c)(26); to carry out this section. (110 Stat. 3759) is amended by striking ‘‘, and ‘‘(14) $35,000,000 for the project described in SEC. 5010. UPPER MISSISSIPPI RIVER ENVIRON- beneficial uses of dredged material’’ and insert- subsection (c)(27); MENTAL MANAGEMENT PROGRAM. ing ‘‘, beneficial uses of dredged material, and ‘‘(15) $20,000,000 for the project described in Section 1103(e)(7) of the Water Resources De- restoration of submerged aquatic vegetation’’. subsection (c)(28); and velopment Act of 1986 (33 U.S.C. 652(e)(7)) is (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- ‘‘(16) $30,000,000 for the project described in amended— tion 510(i) of such Act (110 Stat. 3761) is amend- subsection (c)(40).’’. (1) by adding at the end of subparagraph (A) ed by striking ‘‘$10,000,000’’ and inserting (b) EAST ARKANSAS ENTERPRISE COMMUNITY, the following: ‘‘The non-Federal interest may ‘‘$50,000,000’’. ARKANSAS.—Federal assistance made available provide the non-Federal share of the cost of the SEC. 5017. CHESAPEAKE BAY OYSTER RESTORA- under the rural enterprise zone program of the project in the form of in-kind services and mate- TION. Department of Agriculture may be used toward rials.’’; and The second sentence of section 704(b) of the payment of the non-Federal share of the costs of (2) by inserting after subparagraph (B) the Water Resources Development Act of 1986 (33 the project described in section 219(c)(20) of the following: U.S.C. 2263(b)) is amended by striking Water Resources Development Act of 1992 (114 ‘‘(C) Notwithstanding section 221(b) of the ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’. Stat. 2763A–219) if such assistance is authorized Flood Control Act of 1970 (42 U.S.C. 1962d–5(b)), SEC. 5018. HYPOXIA ASSESSMENT. to be used for such purposes. for any project undertaken under this section, a The Secretary may participate with Federal, SEC. 5007. EXPEDITED COMPLETION OF REPORTS non-Federal interest may include a nonprofit State, and local agencies, non-Federal and non- AND CONSTRUCTION FOR CERTAIN entity, with the consent of the affected local profit entities, regional researchers, and other PROJECTS. government.’’. interested parties to assess hypoxia in the Gulf The Secretary shall expedite completion of the SEC. 5011. MISSOURI AND MIDDLE MISSISSIPPI of Mexico. reports and, if the Secretary determines the RIVERS ENHANCEMENT PROJECT. SEC. 5019. POTOMAC RIVER WATERSHED ASSESS- project is feasible, shall expedite completion of Section 514(g) of the Water Resources Devel- MENT AND TRIBUTARY STRATEGY construction for the following projects: opment Act of 1999 (113 Stat. 343; 117 Stat. 142) EVALUATION AND MONITORING PRO- (1) Fulmer Creek, Village of Mohawk, New is amended by striking ‘‘and 2004’’ and inserting GRAM. York, being carried out under section 205 of the ‘‘through 2015’’. The Secretary may participate in the Potomac Flood Control Act of 1948 (33 U.S.C. 701s). SEC. 5012. GREAT LAKES FISHERY AND ECO- River Watershed Assessment and Tributary (2) Moyer Creek, Village of Frankfort, New SYSTEM RESTORATION. Strategy Evaluation and Monitoring Program to York, being carried out under section 205 of the Section 506(f)(3)(B) of the Water Resources identify a series of resource management indica- Flood Control Act of 1948 (33 U.S.C. 701s). Development Act of 2000 (42 U.S.C. 1962d–22; 114 tors to accurately monitor the effectiveness of

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.045 H14PT1 H5852 CONGRESSIONAL RECORD — HOUSE July 14, 2005 the implementation of the agreed upon tributary SEC. 5028. LOWELL CREEK TUNNEL, SEWARD, conditions exist as a result of a deficiency, the strategies and other public policies that pertain ALASKA. Secretary shall carry out measures to eliminate to natural resource protection of the Potomac (a) LONG-TERM MAINTENANCE AND REPAIR.— the deficiency. River watershed. The Secretary shall assume responsibility for the SEC. 5036. HELENA AND VICINITY, ARKANSAS. SEC. 5020. LOCK AND DAM SECURITY. long-term maintenance and repair of the Lowell The Secretary shall accept as fulfilling the (a) STANDARDS.—The Secretary, in consulta- Creek Tunnel. non-Federal cost-sharing responsibilities for the tion with the Federal Emergency Management (b) STUDY.—The Secretary shall conduct a project for flood control, Helena and Vicinity, Agency, the Tennessee Valley Authority, and study to determine whether alternative methods Arkansas, authorized by section 401 of the the Coast Guard, shall develop standards for the of flood diversion in Lowell Canyon are feasible. Water Resources Development Act of 1986 (100 security of locks and dams, including the testing SEC. 5029. ST. HERMAN AND ST. PAUL HARBORS, Stat. 4112), the non-Federal cash contribution of and certification of vessel exclusion barriers. KODIAK, ALASKA. $568,000 and the lands, easements, rights-of- (b) SITE SURVEYS.—At the request of a lock or The Secretary shall carry out, on an emer- way, relocations, and dredged material disposal dam owner, the Secretary shall provide tech- gency basis, necessary removal of rubble, sedi- areas provided by the non-Federal sponsor as of nical assistance, on a reimbursible basis, to im- ment, and rock impeding the entrance to the St. September 1, 2003, and the Secretary shall not prove lock or dam security. Herman and St. Paul Harbors, Kodiak, Alaska, seek to recover any reimbursement from the non- (c) COOPERATIVE AGREEMENT.—The Secretary at a Federal cost of $2,000,000. Federal sponsor related to advanced payments may enter into a cooperative agreement with a SEC. 5030. TANANA RIVER, ALASKA. to, or work performed for, the non-Federal spon- nonprofit alliance of public and private organi- The Secretary shall carry out, on an emer- sor under the authority of sections 103 and 104 zations that has the mission of promoting safe gency basis, the removal of the hazard to navi- of the Water Resources Development Act of 1986 waterways and seaports to carry out testing and gation on the Tanana River, Alaska, near the (33 U.S.C. 2213, 2214). certification activities, and to perform site sur- mouth of the Chena River, as described in the SEC. 5037. LOOMIS LANDING, ARKANSAS. veys, under this section. January 3, 2005, memorandum from the Com- The Secretary shall conduct a study of shore (d) AUTHORIZATION OF APPROPRIATIONS.— mander, Seventeenth Coast Guard District, to damage in the vicinity of Loomis Landing, Ar- There is authorized to be appropriated $3,000,000 the Corps of Engineers, Alaska District, Anchor- kansas, to determine if the damage is the result to carry out this section. age, Alaska. of a Federal navigation project, and, if the Sec- SEC. 5021. PINHOOK CREEK, HUNTSVILLE, ALA- SEC. 5031. VALDEZ, ALASKA. retary determines that the damage is the result BAMA. The Secretary is authorized to construct a of a Federal navigation project, the Secretary The Secretary shall design and construct the small boat harbor in Valdez, Alaska, at a total shall carry out a project to mitigate the damage locally preferred plan for flood protection at cost of $20,000,000, with an estimated Federal under section 111 of the River and Harbor Act of Pinhook Creek, Huntsville, Alabama, under the cost of $10,500,000 and an estimated non-Federal 1968 (33 U.S.C. 426i). authority of section 205 of the Flood Control Act cost of $9,500,000. SEC. 5038. ST. FRANCIS RIVER BASIN, ARKANSAS of 1948 (33 U.S.C. 701s). The Secretary shall SEC. 5032. WHITTIER, ALASKA. AND MISSOURI. allow the non-Federal interest to participate in The Secretary shall conduct a study of in- (a) STUDY.—The Secretary shall conduct, at the financing of the project in accordance with Federal expense, a study to determine the feasi- creased siltation and streambank erosion in the section 903(c) of the Water Resources Develop- bility of carrying out projects for navigation at St. Francis River Basin, Arkansas and Missouri, ment Act of 1986 (100 Stat. 4184) to the extent Whittier, Alaska, to construct a new boat har- to determine if the siltation or erosion, or both, that the Secretary’s evaluation indicates that bor at the head of Whittier Bay and to expand are the result of a Federal flood control project applying such section is necessary to implement the existing harbor and, if the Secretary deter- and, if the Secretary determines that the silta- the project. mines that a project is feasible, the Secretary tion or erosion, or both, are the result of a Fed- SEC. 5022. TALLAPOOSA, ALABAMA. may carry out the project. eral flood control project, the Secretary shall carry out a project to mitigate the siltation or The Secretary may provide technical assist- (b) NON-FEDERAL COST SHARE.—The non-Fed- ance relating to water supply to the Middle eral interest may use, and the Secretary shall erosion, or both. Tallapoosa Water Supply District, Alabama. accept, funds provided under any other Federal SEC. 5039. WHITE RIVER BASIN, ARKANSAS. There is authorized to be appropriated $5,000,000 program to satisfy, in whole or in part, the non- (a) MINIMUM FLOWS.— to carry out this section. Federal share of the construction of any project (1) IN GENERAL.—In carrying out section 304 SEC. 5023. ALASKA. carried out under this section if such funds are of the Water Resources Development Act of 2000 Section 570 of the Water Resources Develop- authorized to be used to carry out such project. (114 Stat. 2601), the Secretary shall implement ment Act of 1999 (113 Stat. 369) is amended— (c) AUTHORIZATION OF APPROPRIATIONS.— alternatives BS–3 and NF–7, as described in the (1) in subsection (c) by inserting ‘‘environ- There is authorized to be appropriated to carry White River Minimum Flows Reallocation Study mental restoration,’’ after ‘‘water supply and out this section $35,200,000. Report, Arkansas and Missouri, dated July 2004. (2) COST SHARING.—Reallocation of storage related facilities,’’; SEC. 5033. WRANGELL HARBOR, ALASKA. (2) in subsection (e)(3)(B) by striking the last and installation of facilities under this sub- (a) GENERAL NAVIGATION FEATURES.—In car- sentence; section shall be considered fish and wildlife en- rying out the project for navigation, Wrangell (3) in subsection (h) by striking ‘‘$25,000,000’’ hancement that provides national benefits and Harbor, Alaska, authorized by section 101(b)(1) and inserting ‘‘$45,000,000’’; and shall be a Federal expense in accordance with of the Water Resources Development Act of 1999 (4) by adding at the end the following: section 906(e)(1) of the Water Resources Devel- (113 Stat. 279), the Secretary shall consider the ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding opment Act of 1986 (33 U.S.C. 2283(e)(1)). dredging of the mooring basin and construction section 221(b) of the Flood Control Act of 1970 (3) OFFSET.—In carrying out this subsection, of the inner harbor facilities to be general navi- (42 U.S.C. 1962d–5b(b)), for any project under- losses to hydropower shall be offset by a reduc- gation features for purposes of estimating the taken under this section, a non-Federal interest tion, not to exceed $17,000,000, in the costs allo- non-Federal share of project costs. may include a nonprofit entity, with the con- cated to hydropower, as determined by the (b) REVISION OF PARTNERSHIP AGREEMENT.— sent of the affected local government. present value of the estimated replacement cost The Secretary shall revise the partnership ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten per- of the electrical energy and capacity at the time agreement for the project to reflect the change cent of the amounts appropriated to carry out of the implementation. required by subsection (a). this section may be used by the Corps of Engi- (b) FISH HATCHERY.—In operating the fish neers district offices to administer projects under SEC. 5034. AUGUSTA AND CLARENDON, ARKAN- hatchery at Beaver Lake, Arkansas, authorized this section at 100 percent Federal expense.’’. SAS. by section 105 of the Water Resources Develop- (a) IN GENERAL.—The Secretary is authorized SEC. 5024. BARROW, ALASKA. ment Act of 1976 (90 Stat. 2921), losses to hydro- to perform operation, maintenance, and reha- The Secretary shall carry out, under section power shall be offset by a reduction, not to ex- bilitation of authorized and completed levees on 117 of the Energy and Water Development Ap- ceed $2,200,000, in the costs allocated to hydro- the White River between Augusta and propriations Act, 2005 (118 Stat. 2944), a non- power, as determined by the present value of the Clarendon, Arkansas. structural project for coastal erosion and storm estimated replacement cost of the electrical en- (b) REIMBURSEMENT.—After performing the damage prevention and reduction at Barrow, ergy and capacity at the time of the implemen- operation, maintenance, and rehabilitation Alaska, including relocation of infrastructure. tation. under subsection (a), the Secretary shall seek (c) REPEAL.—Section 374 of the Water Re- SEC. 5025. COFFMAN COVE, ALASKA. reimbursement from the Secretary of the Interior sources Development Act of 1999 (113 Stat. 321) The Secretary is authorized to carry out a of an amount equal to the costs allocated to is repealed. project for navigation, Coffman Cove, Alaska, benefits to a Federal wildlife refuge of such op- SEC. 5040. CAMBRIA, CALIFORNIA. at a total cost of $3,000,000. eration, maintenance, and rehabilitation. Section 219(f)(48) of the Water Resources De- SEC. 5026. FORT YUKON, ALASKA. SEC. 5035. DES ARC LEVEE PROTECTION, ARKAN- velopment Act of 1992 (114 Stat. 2763A–220) is The Secretary shall make repairs to the dike SAS. amended— at Fort Yukon, Alaska, so that the dike meets The Secretary shall review the project for (1) by striking ‘‘$10,300,000’’ and inserting the Corps of Engineers standards. flood control, Des Arc, Arkansas, to determine following: SEC. 5027. KOTZEBUE HARBOR, ALASKA. whether bank and channel scour along the ‘‘(A) IN GENERAL.—$10,300,000’’; The Secretary is authorized to carry out a White River threaten the existing project and (2) by adding at the end the following: project for navigation, Kotzebue Harbor, whether the scour is as a result of a design defi- ‘‘(B) CREDIT.—The Secretary shall credit to- Kotzebue, Alaska, at at total cost of $2,200,000. ciency. If the Secretary determines that such ward the non-Federal share of the cost of the

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.045 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5853 project not to exceed $3,000,000 for the cost of and Reservoir, Fresno County, California, dated section (a) applies only to those parts of the planning and design work carried out by the July 19, 2002. area described in subsection (b) that are or will non-Federal interest before the date of the part- (d) CREDIT.—The Secretary shall credit to- be bulkheaded, filled, or otherwise occupied by nership agreement for the project if the Sec- ward the non-Federal share of the cost of the permanent structures and does not affect the retary determines that the work is integral to project the cost of planning, design, and con- applicability of any Federal statute or regula- the project.’’; and struction work carried out by the non-Federal tion applicable to such parts the day before the (3) by aligning the remainder of the text of interest before the date of the partnership agree- date of enactment of this Act, including sections subparagraph (A) (as designated by paragraph ment for the project if the Secretary determines 9 and 10 of the Act of March 3, 1899 (33 U.S.C. (1) of this section) with subparagraph (B) (as that the work is integral to the project. 401 and 403; 30 Stat. 1151), commonly known as added by paragraph (2) of this section). (e) AUTHORIZATION OF APPROPRIATIONS.— the Rivers and Harbors Appropriation Act of SEC. 5041. CONTRA COSTA CANAL, OAKLEY AND There is authorized to be appropriated to 1899, section 404 of the Federal Water Pollution KNIGHTSEN, CALIFORNIA; MALLARD $20,000,000 to carry out this section. Control Act (33 U.S.C. 1344), and the National SLOUGH, PITTSBURG, CALIFORNIA. SEC. 5046. SACRAMENTO DEEP WATER SHIP Environmental Policy Act of 1969 (42 U.S.C. 4321 Sections 512 and 514 of the Water Resources CHANNEL, CALIFORNIA. et seq.). Development Act of 2000 (114 Stat. 2650) are (a) IN GENERAL.—The Secretary is authorized (d) EXPIRATION DATE.—If, 20 years from the each amended by adding at the end the fol- to transfer title to the Bascule Bridge, deauthor- date of enactment of this Act, any area or part lowing: ‘‘All planning, study, design, and con- ized by section 347(a)(2) of the Water Resources thereof described in subsection (b) is not bulk- struction on the project shall be carried out by Development Act of 2000 (114. Stat. 2618), to the headed or filled or occupied by permanent struc- the office of the district engineer, San Fran- city of West Sacramento, California, subject to tures, including marina facilities, in accordance cisco, California.’’. the execution of an agreement by the Secretary with the requirements set out in subsection (c), SEC. 5042. DANA POINT HARBOR, CALIFORNIA. and the city which specifies the terms and con- or if work in connection with any activity per- ditions for such transfer. The terms and condi- The Secretary shall conduct a study of the mitted in subsection (c) is not commenced within tions of the transfer shall include a provision causes of water quality degradation within 5 years after issuance of such permits, then the authorizing the Secretary to participate in the Dana Point Harbor, California, to determine if declaration of nonnavigability for such area or construction of a replacement bridge following the degradation is the result of a Federal navi- part thereof shall expire. the removal of the Bascule Bridge. gation project, and, if the Secretary determines SEC. 5049. SANTA VENETIA, CALIFORNIA. (b) AUTHORIZATION OF APPROPRIATION.— that the degradation is the result of a Federal (a) IN GENERAL.—The Secretary shall carry There is authorized to be appropriated $5,000,000 navigation project, the Secretary shall carry out out a project for flood damage reduction under for the Secretary to participate in the construc- a project to mitigate the degradation at Federal section 205 of the Flood Control Act of 1958 (33 tion of a replacement bridge under this section. expense. U.S.C. 701s), Santa Venetia, California, if the SEC. 5047. SAN FRANCISCO, CALIFORNIA. SEC. 5043. EAST SAN JOAQUIN COUNTY, CALI- Secretary determines that the project is feasible. (a) IN GENERAL.—The Secretary, in coopera- FORNIA. (b) PROJECT FINANCING.—In carrying out the tion with the Port of San Francisco, California, project under this section, the Secretary shall Section 219(f)(22) of the Water Resources De- may carry out the project for repair and re- velopment Act of 1992 (113 Stat. 336) is amend- allow the non-Federal interests to participate in moval, as appropriate, of Piers 35, 36, and 80 in the financing of the project in accordance with ed— San Francisco, California, substantially in ac- (1) by striking ‘‘$25,000,000’’ and inserting the section 903(c) of the Water Resources Develop- cordance with the Port’s redevelopment plan. ment Act of 1986 (100 Stat. 4184), to the extent following: (1) AUTHORIZATION OF APPROPRIATION.— that the Secretary’s evaluation indicates that ‘‘(A) IN GENERAL.—$25,000,000’’; There is authorized to be appropriated applying such section is necessary to implement (2) by adding at the end the following: $20,000,000 to carry out this subsection. ‘‘(B) CREDIT.—The Secretary shall credit to- the project. SEC. 5048. SAN FRANCISCO, CALIFORNIA, WATER- ward the non-Federal share of the cost of the FRONT AREA. SEC. 5050. STOCKTON, CALIFORNIA. project (i) the cost of design and construction (a) AREA TO BE DECLARED NONNAVIGABLE; (a) REEVALUATION.—The Secretary shall re- work carried out by the non-Federal interest be- PUBLIC INTEREST.—Unless the Secretary finds, evaluate the feasibility of the Lower Mosher fore, on, or after the date of the partnership after consultation with local and regional public Slough element and the levee extensions on the agreement for the project if the Secretary deter- officials (including local and regional public Upper Calaveras River element of the project for mines that the work is integral to the project; planning organizations), that the proposed flood control, Stockton Metropolitan Area, Cali- and (ii) the cost of provided for the project by projects to be undertaken within the boundaries fornia, carried out under section 211(f)(3) of the the non-Federal interest. of the portion of the San Francisco, California, Water Resources Development Act of 1996 (110 ‘‘(C) IN-KIND CONTRIBUTIONS.—The non-Fed- waterfront area described in subsection (b) are Stat. 3683), to determine the eligibility of such eral interest may provide any portion of the not in the public interest, such portion is de- elements for reimbursement under section 211 of non-Federal share of the cost of the project in clared to be nonnavigable waters of the United such Act (33 U.S.C. 701b–13). the form of in-kind services and materials.’’; States. (b) SPECIAL RULES FOR REEVALUATION.—In and (b) NORTHERN EMBARCADERO SOUTH OF BRY- conducting the reevaluation under subsection (3) by aligning the remainder of the text of ANT STREET.—The portion of the San Francisco, (a), the Secretary shall not reject a feasibility subparagraph (A) (as designated by paragraph California, waterfront area referred to in sub- determination based on one or more of the poli- (1) of this section) with subparagraph (B) (as section (a) is as follows: Beginning at the inter- cies of the Corps of Engineers concerning the added by paragraph (2) of this section). section of the northeasterly prolongation of that frequency of flooding, the drainage area, and SEC. 5044. EASTERN SANTA CLARA BASIN, CALI- portion of the northwesterly line of Bryant the amount of runoff. FORNIA. Street lying between Beale Street and Main (c) REIMBURSEMENT.—If the Secretary deter- Section 111(c) of the Miscellaneous Appropria- Street with the southwesterly line of Spear mines that the elements referred to subsection tions Act, 2001 (as enacted into law by Public Street, which intersection lies on the line of ju- (a) are feasible, the Secretary shall reimburse, Law 106–554; 114 Stat. 2763A-224) is amended— risdiction of the San Francisco Port Commis- subject to appropriations, the non-Federal inter- (1) by striking ‘‘$25,000,000’’ and inserting sion; following thence southerly along said line est under section 211 of the Water Resources De- ‘‘$28,000,000’’; and of jurisdiction as described in the State of Cali- velopment Act of 1996 for the Federal share of (2) by striking ‘‘$7,000,000’’ and inserting fornia Harbor and Navigation Code Section the cost of such elements. ‘‘$10,000,000’’. 1770, as amended in 1961, to its intersection with SEC. 5051. VICTOR V. VEYSEY DAM, CALIFORNIA. SEC. 5045. PINE FLAT DAM AND RESERVOIR, CALI- the easterly line of Townsend Street along a line (a) DESIGNATION.—The Prado Dam, author- FORNIA. that is parallel and distant 10 feet distant from ized by the Flood Control Act of 1936 (49 Stat. (a) IN GENERAL.—The Secretary shall review the existing southern boundary of Pier 40 pro- 1570), shall be known and designated as the the Kings River Fisheries Management Program duced to its point of intersection with the ‘‘Victor V. Veysey Dam’’. Framework Agreement, dated May 29, 1999, United States Government pier-head line; thence (b) REFERENCES.—Any reference in a law, among the California Department of Fish and northerly along said pier-head line to its inter- map, regulation, document, paper, or other Game, the Kings River Water Association, and section with a line parallel with, and distant 10 record of the United States to the dam referred the Kings River Conservation District and, if feet easterly from, the existing easterly bound- to in subsection (a) shall be deemed to be a ref- the Secretary determines that the management ary line of Pier 30–32; thence northerly along erence to the ‘‘Victor V. Veysey Dam’’. program is feasible, the Secretary may partici- said parallel line and its northerly prolongation, SEC. 5052. WHITTIER, CALIFORNIA. pate in the management program. to a point of intersection with a line parallel The Secretary shall carry out a project for (b) PROHIBITION.—Nothing in this section au- with, and distant 10 feet northerly from, the ex- flood damage reduction under section 205 of the thorizes any project for the raising of, or the isting northerly boundary of Pier 30–32, thence Flood Control Act of 1948 (33 U.S.C. 701s) in the construction of, a multilevel intake structure at westerly along last said parallel line to its inter- vicinity of Whittier, California, if the Secretary Pine Flat Dam, California. section with the United States Government pier- determines that the project is feasible. (c) USE OF EXISTING STUDIES.—In carrying head line; to the northwesterly line of Bryant SEC. 5053. CHARLES HERVEY TOWNSHEND out this section, the Secretary shall use, to the Street produced northwesterly; thence south- BREAKWATER, NEW HAVEN HARBOR, maximum extent practicable, studies in existence westerly along said northwesterly line of Bryant CONNECTICUT. on the date of enactment of this Act, including Street produced to the point of beginning. (a) DESIGNATION.—The western breakwater data and environmental documentation in the (c) REQUIREMENT THAT AREA BE IMPROVED.— for the project for navigation, New Haven Har- Report of the Chief of Engineers, Pine Flat Dam The declaration of nonnavigability under sub- bor, Connecticut, authorized by the first section

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.045 H14PT1 H5854 CONGRESSIONAL RECORD — HOUSE July 14, 2005 of the Act of September 19, 1890 (26 Stat. 426), radation of the foundation, construction mate- (E) the development and implementation of a shall be known and designated as the ‘‘Charles rials, or engineering systems or components of systemic plan to reduce flood impacts by means Hervey Townshend Breakwater’’. the project, the results of which render the of ecosystem restoration projects. (b) REFERENCES.—Any reference in a law, project at risk of not performing in compliance (4) CONSULTATION.—The comprehensive plan map, regulation, document, paper, or other with its authorized project purposes. In address- shall be developed by the Secretary in consulta- record of the United States to the breakwater re- ing such deficiencies, the Secretary may incor- tion with appropriate Federal agencies, the ferred to in subsection (a) shall be deemed to be porate current design standards and efficiency State of Illinois, and the Kaskaskia River Co- a reference to the ‘‘Charles Hervey Townshend improvements, including the replacement of ob- ordinating Council. Breakwater’’. solete mechanical and electrical components at (5) REPORT TO CONGRESS.—Not later than 2 SEC. 5054. CHRISTINA RIVER SHIPWRECK, DELA- pumping stations, if such incorporation does not years after the date of enactment of this Act, WARE. significantly change the scope, function, and the Secretary shall transmit to Congress a report The Secretary may carry out the removal of purpose of the project as authorized. containing the comprehensive plan. the debris associated with the steamship (d) ELIGIBLE PROJECTS.—The following flood (6) ADDITIONAL STUDIES AND ANALYSES.—After ‘‘STATE OF PENNSYLVANIA’’ and other dere- control projects are eligible for reconstruction transmission of a report under paragraph (5), lict vessels from the Christina River, Delaware, under this section: the Secretary shall conduct studies and anal- under section 202 of the Water Resources Devel- (1) Clear Creek Drainage and Levee District, yses of projects related to the comprehensive opment Act of 1976 (90 Stat. 2945). Illinois. plan that are appropriate and consistent with SEC. 5055. ANACOSTIA RIVER, DISTRICT OF CO- (2) Fort Chartres and Ivy Landing Drainage this subsection. LUMBIA, MARYLAND, AND VIRGINIA. District, Illinois. (c) GENERAL PROVISIONS.— (a) COMPREHENSIVE ACTION PLAN.—Not later (3) Wood River Drainage and Levee District, (1) WATER QUALITY.—In carrying out activi- than 1 year after the date of enactment of this Illinois. ties under this section, the Secretary’s rec- Act, the Secretary, in coordination with the (4) Cairo, Illinois Mainline Levee, Cairo, Illi- ommendations shall be consistent with applica- Mayor of the District of Columbia, the Governor nois. ble State water quality standards. (5) Goose Pond Pump Station, Cairo, Illinois. of Maryland, the Governor of Virginia, the (2) PUBLIC PARTICIPATION.—In developing the (6) Cottonwood Slough Pump Station, Alex- County Executives of Montgomery County and comprehensive plan under subsection (b), the ander County, Illinois. Secretary shall implement procedures to facili- Prince George’s County, Maryland, and other (7) 10th and 28th Street Pump Stations, Cairo, interested persons, shall develop a 10-year com- tate public participation, including providing Illinois. advance notice of meetings, providing adequate prehensive action plan for the restoration and (8) Flood control levee projects in Brookport, protection of the ecological integrity of the Ana- opportunity for public input and comment, Shawneetown, Old Shawneetown, Golconda, maintaining appropriate records, and making a costia River and its tributaries. Rosiclare, Harrisburg, and Reevesville, Illinois. (b) PUBLIC AVAILABILITY.—Upon completion record of the proceedings of meetings available (e) JUSTIFICATION.—The reconstruction of a for public inspection. of the plan, the Secretary shall make the plan project authorized by this section shall not be available to the public. (d) COORDINATION.—The Secretary shall inte- considered a separable element of the project. grate activities carried out under this section SEC. 5056. FLORIDA KEYS WATER QUALITY IM- (f) AUTHORIZATION OF APPROPRIATIONS.— with ongoing Federal and State programs, PROVEMENTS. There is authorized to be appropriated— Section 109(e)(2) of the Miscellaneous Appro- projects, and activities, including the following: (1) $15,000,000 to carry out the projects de- (1) Farm programs of the Department of Agri- priations Act, 2001 (enacted into law by Public scribed in paragraphs (1) through (7) of sub- Law 106–554) (114 Stat. 2763A–222) is amended culture. section (d); and (2) Conservation Reserve Enhancement Pro- by adding at the end the following: (2) $15,000,000 to carry out the projects de- ‘‘(C) CREDIT FOR WORK PRIOR TO EXECUTION gram (State of Illinois) and Conservation 2000 scribed in subsection (d)(8). Ecosystem Program of the Illinois Department of OF THE PARTNERSHIP AGREEMENT.—The Sec- Such sums shall remain available until ex- Natural Resources. retary shall credit toward the non-Federal share pended. (3) Conservation 2000 Conservation Practices of the cost of the project (i) the cost of construc- SEC. 5061. KASKASKIA RIVER BASIN, ILLINOIS, tion work carried out by the non-Federal inter- Program and the Livestock Management Facili- RESTORATION. ties Act administered by the Illinois Department est before the date of the partnership agreement (a) KASKASKIA RIVER BASIN DEFINED.—In this for the project if the Secretary determines that of Agriculture. section, the term ‘‘Kaskaskia River Basin’’ (4) National Buffer Initiative of the Natural the work is integral to the project; and (ii) the means the Kaskaskia River, Illinois, its back- Resources Conservation Service. cost of land acquisition carried out by the non- waters, its side channels, and all tributaries, in- (5) Nonpoint source grant program adminis- Federal interest for projects to be carried out cluding their watersheds, draining into the tered by the Illinois Environmental Protection under this section.’’. Kaskaskia River. Agency. SEC. 5057. LAKE WORTH, FLORIDA. (b) COMPREHENSIVE PLAN.— (e) COST SHARING.— EVELOPMENT The Secretary may carry out necessary repairs (1) D .—The Secretary shall de- (1) IN GENERAL.—The non-Federal share of for the Lake Worth bulkhead replacement velop, as expeditiously as practicable, a com- the cost of activities carried out under this sec- project, West Palm Beach, Florida, at an esti- prehensive plan for the purpose of restoring, tion shall be 35 percent. mated total cost of $9,000,000. preserving, and protecting the Kaskaskia River (2) IN-KIND SERVICES.—The Secretary may SEC. 5058. LAKE LANIER, GEORGIA. Basin. credit the cost of in-kind services provided by The Secretary may assist local interests with (2) TECHNOLOGIES AND INNOVATIVE AP- the non-Federal interest for an activity carried planning, design, and construction of facilities PROACHES.—The comprehensive plan shall pro- out under this section toward not more than 80 at the Lake Lanier Olympic Center, Georgia, at vide for the development of new technologies percent of the non-Federal share of the cost of a total cost of $5,300,000. and innovative approaches— the activity. In-kind services shall include all (A) to enhance the Kaskaskia River as a State funds expended on programs that accom- SEC. 5059. RILEY CREEK RECREATION AREA, transportation corridor; IDAHO. plish the goals of this section, as determined by (B) to improve water quality within the entire The Secretary is authorized to carry out the the Secretary. The programs may include the Kaskaskia River Basin; Riley Creek Recreation Area Operation Plan of (C) to restore, enhance, and preserve habitat Kaskaskia River Conservation Reserve Program, the Albeni Falls Management Plan, dated Octo- for plants and wildlife; the Illinois Conservation 2000 Program, the ber 2001, for the Riley Creek Recreation Area, (D) to increase economic opportunity for agri- Open Lands Trust Fund, and other appropriate Albeni Falls Dam, Bonner County, Idaho. culture and business communities; and programs carried out in the Kaskaskia River SEC. 5060. RECONSTRUCTION OF ILLINOIS FLOOD (E) to reduce the impacts of flooding to com- Basin. PROTECTION PROJECTS. munities and landowners. SEC. 5062. FLOODPLAIN MAPPING, LITTLE CAL- (a) IN GENERAL.—The Secretary may partici- (3) SPECIFIC COMPONENTS.—The comprehen- UMET RIVER, CHICAGO, ILLINOIS. pate in the reconstruction of an eligible flood sive plan shall include such features as are nec- (a) IN GENERAL.—The Secretary shall provide control project if the Secretary determines that essary to provide for— assistance for a project to develop maps identi- such reconstruction is not required as a result of (A) the development and implementation of a fying 100- and 500-year flood inundation areas improper operation and maintenance of the program for sediment removal technology, sedi- along the Little Calumet River, Chicago, Illi- project by the non-Federal interest. ment characterization, sediment transport, and nois. (b) COST SHARING.—The non-Federal share of beneficial uses of sediment; (b) REQUIREMENTS.—Maps developed under the costs for the reconstruction of a flood con- (B) the development and implementation of a the project shall include hydrologic and hy- trol project authorized by this section shall be program for the planning, conservation, evalua- draulic information and shall accurately show the same non-Federal share that was applicable tion, and construction of measures for fish and the flood inundation of each property by flood to construction of the project. The non-Federal wildlife habitat conservation and rehabilitation, risk in the floodplain. The maps shall be pro- interest shall be responsible for operation and and stabilization and enhancement of land and duced in a high resolution format and shall be maintenance and repair of a project for which water resources in the basin; made available to all flood prone areas along reconstruction is undertaken under this section. (C) the development and implementation of a the Little Calumet River, Chicago, Illinois, in an (c) RECONSTRUCTION DEFINED.—In this sec- long-term resource monitoring program; electronic format. tion, the term ‘‘reconstruction’’, as used with re- (D) the development and implementation of a (c) PARTICIPATION OF FEMA.—The Secretary spect to a project, means addressing major computerized inventory and analysis system; and the non-Federal interests for the project project deficiencies caused by long-term deg- and shall work with the Director of the Federal

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.045 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5855 Emergency Management Agency to ensure the SEC. 5068. FLOODPLAIN MAPPING, MISSOURI front Park, Phase II, Kentucky, Master Plan’, validity of the maps developed under the project RIVER, IOWA. dated July 22, 2002, at a total cost of $32,000,000, for flood insurance purposes. (a) IN GENERAL.—The Secretary shall provide with an estimated Federal cost of $16,000,000 (d) FORMS OF ASSISTANCE.—In carrying out assistance for a project to develop maps identi- and an estimated non-Federal cost of the project, the Secretary may enter into con- fying 100- and 500-year flood inundation areas $16,000,000.’’. tracts or cooperative agreements with the non- in the State of Iowa, along the Missouri River. (b) CONFORMING AMENDMENT.—In the table of Federal interests or provide reimbursements of (b) REQUIREMENTS.—Maps developed under contents contained in section 1(b) of such Act project costs. the project shall include hydrologic and hy- strike the item relating to section 557 and insert (e) FEDERAL SHARE.—The Federal share of the draulic information and shall accurately por- the following: cost of the project shall be 50 percent. tray the flood hazard areas in the floodplain. ‘‘Sec. 557. Kentucky and Northern West Vir- (f) AUTHORIZATION OF APPROPRIATIONS.— The maps shall be produced in a high resolution ginia.’’. There is authorized to be appropriated to carry format and shall be made available to the State of Iowa in an electronic format. SEC. 5072. MAYFIELD CREEK AND TRIBUTARIES, out this section $2,000,000. KENTUCKY. (c) PARTICIPATION OF FEMA.—The Secretary SEC. 5063. NATALIE CREEK, MIDLOTHIAN AND The Secretary shall conduct a study of flood and the non-Federal interests for the project OAK FOREST, ILLINOIS. damage along Mayfield Creek and tributaries shall work with the Director of the Federal The Secretary shall carry out a project for between Wickliffe and Mayfield, Kentucky, to Emergency Management Agency to ensure the flood damage reduction under section 205 of the determine if the damage is the result of a Fed- validity of the maps developed under the project Flood Control Act of 1948 (33 U.S.C. 701s), Nat- eral flood damage reduction project, and, if the for flood insurance purposes. alie Creek, Midlothian and Oak Forest, Illinois, Secretary determines that the damage is the re- (d) FORMS OF ASSISTANCE.—In carrying out if the Secretary determines that the project is the project, the Secretary may enter into con- sult of a Federal flood damage reduction feasible. tracts or cooperative agreements with the non- project, the Secretary shall carry out a project SEC. 5064. ILLINOIS RIVER BASIN RESTORATION. Federal interests or provide reimbursements of to mitigate the damage at Federal expense. (a) EXTENSION OF AUTHORIZATION.—Section project costs. SEC. 5073. NORTH FORK, KENTUCKY RIVER, 519(c)(2) of the Water Resources Development (e) FEDERAL SHARE.—The Federal share of the BREATHITT COUNTY, KENTUCKY. Act of 2000 (114 Stat. 2654) is amended by strik- cost of the project shall be 50 percent. The Secretary shall rebuild the structure that ing ‘‘2004’’ and inserting ‘‘2010’’. (f) AUTHORIZATION OF APPROPRIATIONS.— is impeding high water flows on the North Fork (b) IN-KIND SERVICES.—Section 519(g)(3) of There is authorized to be appropriated to carry of the Kentucky River in Breathitt County, such Act (114 Stat. 2655) is amended by inserting out this section $3,000,000. Kentucky, in a manner that will reduce flood before the period at the end of the first sentence SEC. 5069. RATHBUN LAKE, IOWA. damages at an estimated total cost of $1,800,000. ‘‘if such services are provided not more than 5 (a) CONVEYANCE.—The Secretary shall convey The non-Federal interest shall provide lands, years before the date of initiation of the project the remaining water supply storage allocation easements, rights-of-way, relocations, and dis- or activity’’. in Rathbun Lake, Iowa, to the Rathbun Re- posal areas required for the project. Operation (c) NONPROFIT ENTITIES AND MONITORING.— gional Water Association (in this section re- and maintenance of the rebuilt structure shall Section 519 of such Act (114 Stat. 2654) is amend- ferred to as the ‘‘Water Association’’). be a non-Federal expense. ed by adding at the end the following: (b) COST SHARING.—Notwithstanding the SEC. 5074. PADUCAH, KENTUCKY. ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding Water Supply Act of 1958 (43 U.S.C. 390b), the The Secretary shall complete a feasibility re- section 221(b) of the Flood Control Act of 1970 Water Association shall pay 100 percent of the port for rehabilitation of the project for flood (42 U.S.C. 1962d–5b(b)), a non-Federal interest cost of the water supply storage allocation to be damage reduction, Paducah, Kentucky, and, if may include a nonprofit entity with the consent conveyed under subsection (a). The Secretary the Secretary determines that the project is fea- of the affected local government. shall credit toward such non-Federal share the sible, the Secretary shall carry out the project at ‘‘(i) MONITORING.—The Secretary shall de- cost of any structures and facilities constructed a total cost of $3,000,000. velop an Illinois river basin monitoring program by the Water Association at the project. SEC. 5075. SOUTHERN AND EASTERN KENTUCKY. to support the plan referred to in subsection (b). (c) TERMS AND CONDITIONS.—Before con- Section 531 of the Water Resources Develop- Data collected under the monitoring program veying the water supply storage allocation ment Act of 1996 (110 Stat. 3773; 113 Stat. 348; shall incorporate data provided by the State of under subsection (a), the Secretary shall enter 117 Stat. 142) is amended by adding the fol- Illinois and shall be publicly accessible through into an agreement with the Water Association, lowing: electronic means.’’. under which the Water Association shall agree ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten per- SEC. 5065. PROMONTORY POINT, LAKE MICHIGAN, to— cent of the amounts appropriated to carry out ILLINOIS. (1) in accordance with designs approved by this section may be used by the Corps of Engi- In carrying out the project for storm damage the Chief of Engineers, construct structures and neers district offices to administer projects under reduction and shoreline erosion protection, Lake facilities referred to in subsection (b) that have this section at 100 percent Federal expense.’’. Michigan, authorized by section 101(a)(12) of a value equal to or greater than the amount SEC. 5076. WINCHESTER, KENTUCKY. the Water Resources Development Act of 1996 that otherwise would be paid to the Federal Section 219(c) of the Water Resources Develop- (110 Stat. 3664), the Secretary shall reevaluate Government for the costs of the water supply ment Act of 1992 (106 Stat. 4835; 114 Stat. 2763A– the feasibility of reconstructing the Promontory storage under the Water Supply Act of 1958 (43 219) is amended by adding at the end the fol- Point section consistent with the original lime- U.S.C. 390b); lowing: (2) be responsible for operating and maintain- stone step design. ‘‘(41) WINCHESTER, KENTUCKY.—Wastewater ing the structures and facilities; SEC. 5066. BURNS WATERWAY HARBOR, INDIANA. infrastructure, Winchester, Kentucky.’’. (3) pay all operation and maintenance costs The Secretary shall conduct a study of allocated to the water supply storage space; SEC. 5077. BATON ROUGE, LOUISIANA. shoaling in the vicinity of Burns Waterway (4) use any revenues generated at the struc- Section 219(f)(21) of the Water Resources De- Harbor, Indiana, to determine if the shoaling is tures and facilities that are above those required velopment Act of 1992 (113 Stat. 336; 114 Stat. the result of a Federal navigation project, and, to operate and maintain or improve the complex 2763A–220) is amended by striking ‘‘$20,000,000’’ if the Secretary determines that the shoaling is to undertake, subject to the approval of the and inserting ‘‘$35,000,000’’. the result of a Federal navigation project, the Chief of Engineers, activities that will improve SEC. 5078. CALCASIEU SHIP CHANNEL, LOU- Secretary shall carry out a project to mitigate the quality of the environment in the Rathbun ISIANA. the shoaling under section 111 of the River and Lake watershed area; and The Secretary shall expedite completion of a Harbor Act of 1968 (33 U.S.C. 426). (5) such other terms and conditions as the dredged material management plan for the SEC. 5067. CALUMET REGION, INDIANA. Secretary considers necessary to protect the in- Calcasieu Ship Channel, Louisiana, and may Section 219(f)(12) of the Water Resources De- terests of the United States. take interim measures to increase the capacity velopment Act of 1992 (113 Stat. 335; 117 Stat. SEC. 5070. CUMBERLAND RIVER BASIN, KEN- of existing disposal areas, or to construct new 1843) is amended— TUCKY. confined or beneficial use disposal areas, for the (1) by striking ‘‘$30,000,000’’ and inserting the At reservoirs managed by the Secretary above channel. following: Cumberland River mile 385.5 within the Cum- SEC. 5079. CROSS LAKE, SHREVEPORT, LOU- ‘‘(A) IN GENERAL.—$30,000,000’’; berland River basin, Kentucky, the Secretary ISIANA. (2) by adding at the end the following: shall charge fees associated with storage and The Secretary may accept from the Depart- ‘‘(B) CREDIT.—The Secretary shall credit to- maintenance of water supply that do not exceed ment of the Air Force, and may use, not to ex- ward the non-Federal share of the cost of the the fees in effect on October 1, 2002. ceed $4,500,000 to assist the city of Shreveport, project the cost of planning and design work SEC. 5071. LOUISVILLE, KENTUCKY. Louisiana, with its plan to construct a water in- carried out by the non-Federal interest before, (a) IN GENERAL.—Section 557 of the Water Re- take facility. on, or after the date of the partnership agree- sources Development Act of 1999 (113 Stat. 353) SEC. 5080. WEST BATON ROUGE PARISH, LOU- ment for the project if the Secretary determines is amended— ISIANA. that the work is integral to the project.’’; and (1) in the section heading by inserting ‘‘kentucky Section 517(5) of the Water Resources Develop- (3) by aligning the remainder of the text of and’’ before ‘‘northern west virginia’’; and ment Act of 1999 (113 Stat. 345) is amended to subparagraph (A) (as designated by paragraph (2) by adding at the end the following: read as follows: (1) of this section) with subparagraph (B) (as ‘‘(4) LOUISVILLE, KENTUCKY.—Report of the ‘‘(5) Mississippi River, West Baton Rouge Par- added by paragraph (2) of this section). Corps of Engineers entitled ‘Louisville Water- ish, Louisiana, project for waterfront and

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.045 H14PT1 H5856 CONGRESSIONAL RECORD — HOUSE July 14, 2005 riverine preservation, restoration, enhancement along the Red Lake River in Crookston, Min- SEC. 5091. MISSISSIPPI RIVER, MISSOURI, AND IL- modifications, and interpretive center develop- nesota, and, if the Secretary determines that the LINOIS. ment.’’. project is feasible, the Secretary may carry out As a part of the operation and maintenance of SEC. 5081. CHARLESTOWN, MARYLAND. the project under section 14 of the Flood Control the project for the Mississippi River (Regulating (a) IN GENERAL.—The Secretary may carry Act of 1946 (33 U.S.C. 701r); except that the max- Works), between the Ohio and Missouri Rivers, out a project for nonstructural flood damage re- imum amount of Federal funds that may be ex- Missouri and Illinois, authorized by the first duction and ecosystem restoration at Charles- pended for the project shall be $6,500,000. section of an Act entitled ‘‘Making appropria- town, Maryland. SEC. 5087. GARRISON AND KATHIO TOWNSHIP, tions for the construction, repair, and preserva- (b) LAND ACQUISITION.—The flood damage re- MINNESOTA. tion of certain public works on rivers and har- duction component of the project may include (a) PROJECT DESCRIPTION.—Section 219(f)(61) bors, and for other purposes’’, approved June the acquisition of private property from willing of the Water Resources Development Act of 1992 25, 1910, the Secretary may carry out activities sellers. (114 Stat. 2763A–221) is amended— necessary to restore and protect fish and wild- (c) JUSTIFICATION.—Any nonstructural flood (1) in the paragraph heading by striking life habitat in the middle Mississippi River sys- damage reduction project to be carried out ‘‘TOWNSHIP’’ and inserting ‘‘TOWNSHIP AND tem. Such activities may include modification of under this section that will result in the conver- CROW WING AND MILLE LACS COUNTIES’’; navigation training structures, modification and sion of property to use for ecosystem restoration (2) by striking ‘‘$11,000,000’’ and inserting creation of side channels, modification and cre- and wildlife habitat shall be justified based on ‘‘$17,000,000’’; ation of islands, and studies and analysis nec- national ecosystem restoration benefits. (3) by inserting ‘‘, Crow Wing County, Mille essary to apply adaptive management principles (d) USE OF ACQUIRED PROPERTY.—Property Lacs County,’’ after ‘‘Garrison’’; and in design of future work. acquired under this section shall be maintained (4) by adding at the end the following: ‘‘Such SEC. 5092. ST. LOUIS, MISSOURI. in public ownership for ecosystem restoration assistance shall be provided directly to the Gar- Section 219(f)(32) of the Water Resources De- and wildlife habitat. velopment Act of 1992 (113 Stat. 337) is amended (e) ABILITY TO PAY.—In determining the ap- rison-Kathio-West Mille Lacs Lake Sanitary District, Minnesota.’’. by striking ‘‘$15,000,000’’ and inserting propriate non-Federal cost share for the project, ‘‘$35,000,000’’. the Secretary shall determine the ability of Cecil (b) PROCEDURES.—In carrying out the project County, Maryland, to participate as a cost- authorized by such section 219(f)(61), the Sec- SEC. 5093. ACID BROOK, POMPTON LAKES, NEW JERSEY. sharing non-Federal interest in accordance with retary may use the cost sharing and contracting The Secretary shall carry out a project for section 103(m) of the Water Resources Develop- procedures available to the Secretary under sec- flood damage reduction under section 205 of the ment Act of 1986 (33 U.S.C. 2213(m)). tion 569 of the Water Resources Development Flood Control Act of 1948 (33 U.S.C. 701s), Acid (f) AUTHORIZATION OF APPROPRIATIONS.— Act of 1999 (113 Stat. 368). Brook, Pompton Lakes, New Jersey, if the Sec- There is authorized to be appropriated $2,000,000 SEC. 5088. MINNEAPOLIS, MINNESOTA. retary determines that the project is feasible. to carry out this section. (a) CONVEYANCE.—The Secretary shall convey SEC. 5082. DELMARVA CONSERVATION CORRIDOR, to the city of Minneapolis by quitclaim deed and SEC. 5094. HACKENSACK MEADOWLANDS AREA, MARYLAND AND DELAWARE. without consideration all right, title, and inter- NEW JERSEY. (a) ASSISTANCE.—The Secretary may provide est of the United States to the property known Section 324 of the Water Resources Develop- technical assistance to the Secretary of Agri- as the War Department (Fort Snelling Inter- ment Act of 1992 (106 Stat. 4849; 110 Stat. 3779) culture for use in carrying out the Conservation ceptor) Tunnel in Minneapolis, Minnesota. is amended— (1) in subsection (a)— Corridor Demonstration Program established (b) APPLICABILITY OF PROPERTY SCREENING (A) by striking ‘‘design’’ and inserting ‘‘plan- under subtitle G of title II of the Farm Security PROVISIONS.—Section 2696 of title 10, United and Rural Investment Act of 2002 (16 U.S.C. 3801 States Code, shall not apply to the conveyance ning, design,’’; and (B) by striking ‘‘Hackensack Meadowlands note; 116 Stat. 275). under this section. (b) COORDINATION AND INTEGRATION.—In car- Development’’ and all that follows through SEC. 5089. NORTHEASTERN MINNESOTA. rying out water resources projects in Maryland ‘‘Plan for’’ and inserting ‘‘New Jersey (a) IN GENERAL.—Section 569 of the Water Re- and Delaware on the Delmarva Peninsula, the Meadowlands Commission for the development sources Development Act of 1999 (113 Stat. 368) Secretary shall coordinate and integrate those of an environmental improvement program for’’; is amended— projects, to the maximum extent practicable, (2) in subsection (b)— with any activities carried out to implement a (1) in subsection (a) by striking ‘‘Benton, (A) in the subsection heading by striking ‘‘RE- conservation corridor plan approved by the Sec- Sherburne,’’ and inserting ‘‘Beltrami, Hubbard, QUIRED’’; retary of Agriculture under section 2602 of the Wadena,’’; (B) by striking ‘‘shall’’ and inserting ‘‘may’’; Farm Security and Rural Investment Act of 2002 (2) by striking the last sentence of subsection (C) by striking paragraph (1) and inserting (16 U.S.C. 3801 note; 116 Stat. 275). (e)(3)(B); the following: (3) by striking subsection (g) and inserting the SEC. 5083. MASSACHUSETTS DREDGED MATERIAL ‘‘(1) Restoration and acquisitions of signifi- DISPOSAL SITES. following: cant wetlands and aquatic habitat that con- The Secretary may cooperate with Massachu- ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding tribute to the Meadowlands ecosystem.’’; setts in the management and long-term moni- section 221(b) of the Flood Control Act of 1970 (D) in paragraph (2) by inserting ‘‘and aquat- toring of aquatic dredged material disposal sites (42 U.S.C. 1962d–5b(b)), for any project under- ic habitat’’ before the period at the end; and within the State, and is authorized to accept taken under this section, a non-Federal interest (E) by striking paragraph (7) and inserting funds from the State to carry out such activities. may include a nonprofit entity.’’; and the following: SEC. 5084. ONTONAGON HARBOR, MICHIGAN. (4) by adding at the end the following: ‘‘(7) Research, development, and implementa- The Secretary shall conduct a study of shore ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten per- tion for a water quality improvement program, damage in the vicinity of the project for naviga- cent of the amounts appropriated to carry out including restoration of hydrology and tidal tion, Ontonagon Harbor, Ontonagon County, this section may be used by the Corps of Engi- flows and remediation of hot spots and other Michigan, authorized by section 101 of the Riv- neers district offices to administer projects under sources of contaminants that degrade existing or ers and Harbors Act of 1962 (76 Stat. 1176, 100 this section at 100 percent Federal expense.’’. planned sites.’’; Stat. 4213, 110 Stat. 3730), to determine if the (b) BIWABIK, MINNESOTA.—The Secretary (3) in subsection (c) by inserting before the damage is the result of a Federal navigation shall reimburse the non-Federal interest for the last sentence the following: ‘‘The non-Federal project, and, if the Secretary determines that project for environmental infrastructure, sponsor may also provide in-kind services, not to the damage is the result of a Federal navigation Biwabik, Minnesota, carried out under section exceed the non-Federal share of the total project project, the Secretary shall carry out a project 569 of the Water Resources Development Act of cost, and may also receive credit for reasonable to mitigate the damage under section 111 of the 1999 (113 Stat. 368), for planning, design, and cost of design work completed prior to entering River and Harbor Act of 1968 (33 U.S.C. 426i). construction costs that were incurred by the into the partnership agreement with the Sec- SEC. 5085. ST. CLAIR RIVER AND LAKE ST. CLAIR, non-Federal interest with respect to the project retary for a project to be carried out under the MICHIGAN. before the date of the partnership agreement for program developed under subsection (a).’’; and (a) ECOSYSTEM RESTORATION.—The Secretary the project and that were in excess of the non- (4) in subsection (d) by striking ‘‘$5,000,000’’ shall carry out feasible aquatic ecosystem res- Federal share of the cost of the project if the and inserting ‘‘$35,000,000’’. toration projects identified in the comprehensive Secretary determines that the costs are appro- SEC. 5095. CENTRAL NEW MEXICO, NEW MEXICO. management plan for St. Clair River and Lake priate. (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- St. Clair, Michigan, developed under section 426 SEC. 5090. HARRISON, HANCOCK, AND JACKSON tion 593(h) of the Water Resources Development of the Water Resources Development Act of 1999 COUNTIES, MISSISSIPPI. Act of 1999 (113 Stat. 381) is amended by striking (113 Stat. 326), at a total Federal cost of not to In carrying out projects for the protection, ‘‘$25,000,000’’ and inserting ‘‘$40,000,000’’. exceed $5,000,000. restoration, and creation of aquatic and eco- (b) CORPS OF ENGINEERS EXPENSES.—Section (b) PLAN.—Section 426(d) of the Water Re- logically related habitats located in Harrison, 593 of such Act (113 Stat. 381) is amended by sources Development Act of 1999 (113 Stat. 326) Hancock, and Jackson Counties, Mississippi, adding at the end the following: is amended by striking ‘‘$400,000’’ and inserting under section 204 of the Water Resources Devel- ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten per- ‘‘$475,000’’. opment Act of 1992 (33 U.S.C. 2326), the Sec- cent of the amounts appropriated to carry out SEC. 5086. CROOKSTON, MINNESOTA. retary shall accept any portion of the non-Fed- this section may be used by the Corps of Engi- The Secretary shall conduct a study for a eral share of the cost of the project in the form neers district offices to administer projects under project for emergency streambank protection of in-kind services and materials. this section at 100 percent Federal expense.’’.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.045 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5857 SEC. 5096. ATLANTIC COAST OF NEW YORK. SEC. 5102. JOHN H. KERR DAM AND RESERVOIR, (1) the multipurpose project at John Day Lock (a) DEVELOPMENT OF PROGRAM.—Section NORTH CAROLINA. and Dam, Lake Umatilla, Oregon and Wash- 404(a) of the Water Resources Development Act The Secretary shall expedite the completion of ington, authorized by section 101 of the River of 1992 (106 Stat. 4863) is amended— the calculations necessary to negotiate and exe- and Harbor Act of 1950 (64 Stat. 167); and (1) by striking ‘‘processes’’ and inserting ‘‘and cute a revised, permanent contract for water (2) the several navigation and flood damage related environmental processes’’; supply storage at John H. Kerr Dam and Res- reduction projects constructed on the Columbia (2) by inserting after ‘‘Atlantic Coast’’ the fol- ervoir, North Carolina, among the Secretary and River and Lower Willamette River, Oregon and lowing: ‘‘(and associated back bays)’’; the Kerr Lake Regional Water System and the Washington. (3) by inserting after ‘‘actions’’ the following: city of Henderson, North Carolina. (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘, environmental restoration or conservation SEC. 5103. STANLY COUNTY, NORTH CAROLINA. There is authorized to be appropriated to carry measures for coastal and back bays,’’; and Section 219(f)(64) of the Water Resources De- out this section $2,500,000. (4) by adding at the end the following: ‘‘The velopment Act of 1992 (114 Stat. 2763A–221) is SEC. 5109. LOWELL, OREGON. plan for collecting data and monitoring infor- amended by inserting ‘‘water and’’ before (a) IN GENERAL.—The Secretary may convey mation included in such annual report shall be ‘‘wastewater’’. without consideration to Lowell School District, fully coordinated with and agreed to by appro- SEC. 5104. W. KERR SCOTT DAM AND RESERVOIR, by quitclaim deed, all right, title, and interest of priate agencies of the State of New York.’’. NORTH CAROLINA. the United States in and to land and buildings (b) ANNUAL REPORTS.—Section 404(b) of such The Secretary shall remove debris from the Act is amended— thereon, known as Tract A–82, located in Low- joint intake at the W. Kerr Scott Dam and Res- ell, Oregon, and described in subsection (b). (1) by striking ‘‘INITIAL PLAN.—Not later than ervoir, North Carolina. 12 months after the date of the enactment of this (b) DESCRIPTION OF PROPERTY.—The parcel of SEC. 5105. OHIO. Act, the’’ and inserting ‘‘ANNUAL REPORTS.— land authorized to be conveyed under sub- Section 594 of the Water Resources Develop- The’’; section (a) is as follows: Commencing at the (2) by striking ‘‘initial plan for data collection ment Act of 1999 (113 Stat. 381) is amended— point of intersection of the west line of Pioneer (1) in subsection (b) by striking ‘‘design and and monitoring’’ and inserting ‘‘annual report Street with the westerly extension of the north construction’’ and inserting ‘‘planning, design, of data collection and monitoring activities’’; line of Summit Street, in Meadows Addition to and construction’’; Lowell, as platted and recorded at page 56 of and (2) in subsection (g) by striking ‘‘$60,000,000’’ (3) by striking the last sentence. Volume 4, Lane County Oregon Plat Records; and inserting ‘‘$100,000,000’’; and (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- thence north on the west line of Pioneer Street (3) by adding at the end the following: tion 404(c) of such Act (113 Stat. 341) is amended a distance of 176.0 feet to the true point of be- ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding ginning of this description; thence north on the by striking ‘‘and an additional total of section 221(b) of the Flood Control Act of 1970 west line of Pioneer Street a distance of 170.0 $2,500,000 for fiscal years thereafter’’ and insert- (42 U.S.C. 1962d–5(b)), for any project under- feet; thence west at right angles to the west line ing ‘‘$2,500,000 for fiscal years 2000 through taken under this section, a non-Federal interest of Pioneer Street a distance of 250.0 feet; thence 2004, and $7,500,000 for fiscal years beginning may include a nonprofit entity, with the con- south and parallel to the west line of Pioneer after September 30, 2004,’’. sent of the affected local government.’’. (d) TSUNAMI WARNING SYSTEM.—Section 404 of Street a distance of 170.0 feet; thence east 250.0 the Water Resources Development Act of 1992 SEC. 5106. TOUSSAINT RIVER, OHIO. feet to the true point of beginning of this de- (106 Stat. 4863) is amended by adding at the end (a) IN GENERAL.—The project for navigation, scription in Section 14, Township 19 South, the following: Toussaint River, Carroll Township, Ohio, au- Range 1 West of the Willamette Meridian, Lane ‘‘(d) TSUNAMI WARNING SYSTEM.—There is au- thorized by section 107 of the River and Harbor County, Oregon. thorized to be appropriated $800,000 for the Sec- Act of 1960 (33 U.S.C. 577), is modified to au- (c) TERMS AND CONDITIONS.—Before con- retary to carry out a project for a tsunami thorize the Secretary to enter into an agreement veying the parcel to the school district, the Sec- warning system, Atlantic Coast of New York.’’. with the non-Federal interest under which the retary shall ensure that the conditions of build- Secretary may— ings and facilities meet the requirements of ap- SEC. 5097. COLLEGE POINT, NEW YORK CITY, NEW (1) acquire, and transfer to the non-Federal YORK. plicable Federal law. interest, a dredge and associated equipment In carrying out section 312 of the Water Re- (d) REVERSION.—If the Secretary determines sources Development Act of 1990 (104 Stat. 4639), with the capacity to perform operation and that the property conveyed under subsection (a) the Secretary shall give priority to work in Col- maintenance of the project; and ceases to be held in public ownership, all right, (2) provide the non-Federal interest with a lege Point, New York City, New York. title, and interest in and to the property shall lump-sum payment to cover all future costs of revert to the United States, at the option of the SEC. 5098. FLUSHING BAY AND CREEK, NEW YORK operation and maintenance of the project. CITY, NEW YORK. United States. (b) AGREEMENT.—The Secretary may carry out (e) GENERALLY APPLICABLE PROVISIONS.— The Secretary shall credit toward the non- subsection (a)(1) by entering into an agreement (1) APPLICABILITY OF PROPERTY SCREENING Federal share of the cost of the project for eco- with the non-Federal interest under which the PROVISIONS.—Section 2696 of title 10, United system restoration, Flushing Bay and Creek, non-Federal interest may acquire the dredge States Code, shall not apply to any conveyance New York City, New York, the cost of design and associated equipment directly and be reim- under this section. and construction work carried out by the non- bursed by the Secretary. (2) LIABILITY.—An entity to which a convey- Federal interest before the date of the partner- (c) AUTHORIZATION OF APPROPRIATIONS.— ance is made under this section shall hold the ship agreement for the project if the Secretary There is authorized to be appropriated $1,800,000 United States harmless from any liability with determines that the work is integral to the to carry out this section. Of such funds, $500,000 respect to activities carried out, on or after the project. may be used to carry out subsection (a)(1). date of the conveyance, on the real property SEC. 5099. HUDSON RIVER, NEW YORK. (d) RELEASE.—Upon the acquisition and The Secretary may participate with the State transfer of a dredge and associated equipment conveyed. The United States shall remain re- of New York, New York City, and the Hudson under subsection (a)(1), and the payment of sponsible for any liability with respect to activi- River Park Trust in carrying out activities to re- funds under subsection (a)(2), all future Federal ties carried out, before such date, on the real store critical marine habitat, improve safety, responsibility for operation and maintenance of property conveyed. and protect and rehabilitate critical infrastruc- the project is extinguished. SEC. 5110. ALLEGHENY COUNTY, PENNSYLVANIA. ture. There is authorized to be appropriated SEC. 5107. EUGENE, OREGON. Section 219(f)(66) of the Water Resources De- $5,000,000 to carry out this section. (a) IN GENERAL.—The Secretary shall conduct velopment Act of 1992 (114 Stat. 2763A–221) is SEC. 5100. MOUNT MORRIS DAM, NEW YORK. a study to determine the feasibility of restoring amended— As part of the operation and maintenance of the millrace in Eugene, Oregon, and, if the Sec- (1) by striking ‘‘$20,000,000’’ and inserting the the Mount Morris Dam, New York, the Sec- retary determines that the restoration is fea- following: retary may make improvements to the access sible, the Secretary shall carry out the restora- ‘‘(A) IN GENERAL.—$20,000,000’’; road for the dam to provide safe access to a Fed- tion. (2) by adding at the end the following: eral visitor’s center. (b) CONSIDERATION OF NONECONOMIC BENE- ‘‘(B) CREDIT.—The Secretary shall credit to- SEC. 5101. ONONDAGA LAKE, NEW YORK. FITS.—In determining the feasibility of restoring ward the non-Federal share of the cost of the Section 573 of the Water Resources Develop- the millrace, the Secretary shall include non- project the cost of work carried out by the non- ment Act of 1999 (113 Stat. 372) is amended— economic benefits associated with the historical Federal interest before the date of the partner- (1) in subsection (f) by striking ‘‘$10,000,000’’ significance of the millrace and associated with ship agreement for the project if the Secretary and inserting ‘‘$30,000,000’’; preservation and enhancement of resources. determines that the work is integral to the (2) by redesignating subsections (f) and (g) as (c) AUTHORIZATION OF APPROPRIATIONS.— project.’’; and subsections (g) and (h), respectively; and There is authorized to be appropriated to carry (3) by aligning the remainder of the text of (3) by inserting after subsection (e) the fol- out this section $20,000,000. subparagraph (A) (as designated by paragraph lowing: SEC. 5108. JOHN DAY LOCK AND DAM, LAKE (1) of this section) with subparagraph (B) (as ‘‘(f) NONPROFIT ENTITIES.—Notwithstanding UMATILLA, OREGON AND WASH- added by paragraph (2) of this section). section 221(b) of the Flood Control Act of 1970 INGTON. SEC. 5111. LEHIGH RIVER, LEHIGH COUNTY, (42 U.S.C. 1962d–5b(b)), for any project carried (a) IN GENERAL.—The Secretary shall pay not PENNSYLVANIA. out under this section, a non-Federal interest more than $2,500,000 to the provider of research The Secretary shall use existing water quality may include a nonprofit entity, with the con- and curation support previously provided to the data to model the effects of the Francis E. Wal- sent of the affected local government.’’. Federal Government as a result of— ter Dam, at different water levels, to determine

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.045 H14PT1 H5858 CONGRESSIONAL RECORD — HOUSE July 14, 2005 its impact on water and related resources in and Federal cost of $85,000,000 and an estimated SEC. 5121. BOSQUE RIVER WATERSHED, TEXAS. along the Lehigh River in Lehigh County, non-Federal cost of $45,000,000. (a) COMPREHENSIVE PLAN.—The Secretary, in Pennsylvania. There is authorized to be appro- SEC. 5115. BEAUFORT AND JASPER COUNTIES, consultation with appropriate Federal, State, priated $500,000 to carry out this section. SOUTH CAROLINA. and local entities, shall develop, as expedi- SEC. 5112. NORTHEAST PENNSYLVANIA. The Secretary may accept from the Depart- tiously as practicable, a comprehensive plan for Section 219(f)(11) of the Water Resources De- ment of the Navy, and may use, not to exceed development of new technologies and innovative velopment Act of 1992 (113 Stat. 335) is amended $23,000,000 to assist the Beaufort Jasper Water approaches for restoring, preserving, and pro- by striking ‘‘and Monroe’’ and inserting and Sewage Authority, South Carolina, with its tecting the Bosque River watershed within ‘‘Northumberland, Union, Snyder, and plan to consolidate civilian and military waste- Bosque, Hamilton, McLennan, and Erath Coun- Montour’’. water treatment facilities. ties, Texas. The Secretary, in cooperation with the Secretary of Agriculture, may carry out ac- SEC. 5113. UPPER SUSQUEHANNA RIVER BASIN, SEC. 5116. FRITZ LANDING, TENNESSEE. tivities identified in the comprehensive plan to PENNSYLVANIA AND NEW YORK. The Secretary shall— demonstrate practicable alternatives for sta- (a) STUDY AND STRATEGY DEVELOPMENT.— (1) conduct a study of the Fritz Landing Agri- bilization and enhancement of land and water Section 567(a) of the Water Resources Develop- cultural Spur Levee, Tennessee, to determine the resources in the basin. ment Act of 1996 (110 Stat. 3787; 114 Stat. 2662) extent of levee modifications that would be re- (b) SERVICES OF PUBLIC NON-PROFIT INSTITU- is amended— quired to make the levee and associated drain- TIONS AND OTHER ENTITIES.—In carrying out (1) in the matter preceding paragraph (1) by age structures consistent with Federal stand- subsection (a), the Secretary may utilize, inserting ‘‘and carry out’’ after ‘‘develop’’; and ards; through contracts or other means, the services (2) in paragraph (2) by striking ‘‘$10,000,000.’’ (2) design and construct such modifications; and inserting ‘‘$20,000,000, of which the Sec- of public non-profit institutions and such other and entities as the Secretary considers appropriate. retary may utilize not more than $5,000,000 to (3) after completion of such modifications, in- design and construct feasible pilot projects dur- (c) NON-FEDERAL SHARE.— corporate the levee into the project for flood (1) IN GENERAL.—The non-Federal share of ing the development of the strategy to dem- control, Mississippi River and Tributaries, au- onstrate alternative approaches for the strategy. the cost of activities carried out under this sec- thorized by the Act entitled ‘‘An Act for the tion shall be 35 percent. The total cost for any single pilot project may control of floods on the Mississippi River and its not exceed $500,000. The Secretary shall evalu- (2) CREDIT.—The Secretary shall credit toward tributaries, and for other purposes’’, approved the non-Federal share of the cost of activities ate the results of the pilot projects and consider May 15, 1928 (45 Stat. 534–539), commonly the results in the development of the strategy.’’. carried out under this section the cost of plan- known as the ‘‘Flood Control Act of 1928’’. ning, design, and construction work completed (b) COOPERATIVE AGREEMENTS.—Section 567(c) SEC. 5117. J. PERCY PRIEST DAM AND RESERVOIR, by or on behalf of the non-Federal interests for of such Act (114 Stat. 2662) is amended— TENNESSEE. (1) in the subsection heading by striking ‘‘CO- implementation of measures constructed with The Secretary shall plan, design, and con- OPERATION’’ and inserting ‘‘COOPERATIVE’’; and assistance provided under this section. The struct a trail system at the J. Percy Priest Dam (2) in the first sentence— amount of such credit shall not exceed the non- and Reservoir, Tennessee, authorized by section (A) by inserting ‘‘and carrying out’’ after ‘‘de- Federal share of the cost of such activities. 4 of the Act entitled ‘‘An Act authorizing the veloping’’; and (3) OPERATION AND MAINTENANCE.—The non- construction of certain public works on rivers (B) by striking ‘‘cooperation’’ and inserting Federal share of the cost of operation and main- and harbors for flood control, and for other pur- ‘‘cost-sharing and cooperative’’. tenance for measures constructed with assist- poses’’, approved June 28, 1938 (52 Stat. 1217), (c) IMPLEMENTATION OF STRATEGY.—Section ance provided under this section shall be 100 including design and construction of support fa- 567(d) of such Act (114 Stat. 2663) is amended— percent. cilities for public health and safety associated (1) by striking ‘‘The Secretary’’ and inserting (d) AUTHORIZATION OF APPROPRIATIONS.— with trail development. In carrying out such im- the following: There is authorized to be appropriated to carry provements, the Secretary is authorized to use ‘‘(1) IN GENERAL.—The Secretary’’; out this section $5,000,000. funds made available by the State of Tennessee (2) in the second sentence of paragraph (1) (as SEC. 5122. DALLAS FLOODWAY, DALLAS, TEXAS. from any Federal or State source, or both. so designated)— (a) IN GENERAL.—The Secretary shall review (A) by striking ‘‘implement’’ and inserting SEC. 5118. TOWN CREEK, LENOIR CITY, TEN- the Balanced Vision Plan for the Trinity River ‘‘carry out’’; and NESSEE. Corridor, Dallas, Texas, dated December 2003 (B) by striking ‘‘implementing’’ and inserting The Secretary shall design and construct the and amended in March 2004, prepared by the ‘‘carrying out’’; project for flood damage reduction designated as non-Federal interest for the project for flood (3) by adding at the end the following: Alternative 4 in the Town Creek, Lenoir City, damage reduction and other purposes, Dallas ‘‘(2) PRIORITY PROJECT.—In carrying out Loudon County, Tennessee, feasibility report of Floodway, Dallas, Texas, and, if the Secretary projects to implement the strategy, the Secretary the Nashville district engineer, dated November determines that the project is technically sound shall give priority to the project for ecosystem 2000, under the authority of section 205 of the and environmentally acceptable, shall carry out restoration, Cooperstown, New York, described Flood Control Act of 1948 (33 U.S.C. 701s), not- the project at a total cost of $194,000,000, with in the Upper Susquehanna River Basin—Coop- withstanding section 1 of the Flood Control Act an estimated Federal cost of $126,100,000 and an erstown Area Ecosystem Restoration Feasibility of June 22, 1936 (33 U.S.C. 701a; 49 Stat. 1570). estimated non-Federal cost of $67,900,000. Study, dated December 2004, prepared by the The non-Federal share of the cost of the project (b) CREDIT.— Corps of Engineers and the New York State De- shall be subject to section 103(a) of the Water (1) IN-KIND CONTRIBUTIONS.—The Secretary partment of Environmental Conservation.’’; and Resources Development Act of 1986 (33 U.S.C. shall credit toward the non-Federal share of the (4) by aligning the remainder of the text of 2213(a)). cost of the project the cost of planning, design, paragraph (1) (as designated by paragraph (1) SEC. 5119. TENNESSEE RIVER PARTNERSHIP. and construction work carried out by the non- of this subsection) with paragraph (2) (as added (a) IN GENERAL.—As part of the operation and Federal interest before the date of the partner- by paragraph (3) of this subsection). maintenance of the project for navigation, Ten- ship agreement for the project if the Secretary (d) CREDIT.—Section 567 of such Act (110 Stat. nessee River, Tennessee, Alabama, Mississippi, determines that the work is integral to the 3787; 114 Stat. 2662) is amended by adding at the and Kentucky, authorized by the first section of project. end the following: the River and Harbor Act of July 3, 1930 (46 (2) CASH CONTRIBUTIONS.—The Secretary shall ‘‘(e) CREDIT.—The Secretary shall credit to- Stat. 927), the Secretary may enter into a part- accept funds provided by the non-Federal inter- ward the non-Federal share of the cost of a nership with a nonprofit entity to remove debris ests for use in carrying out planning, engineer- project under this section— from the Tennessee River in the vicinity of ing, and design for the project. The Federal ‘‘(1) the cost of design and construction work Knoxville, Tennessee, by providing a vessel to share of such planning, engineering, and design carried out by the non-Federal interest before such entity, at Federal expense, for such debris carried out with non-Federal contributions shall the date of the partnership agreement for the removal purposes. be credited against the non-Federal share of project if the Secretary determines that the work (b) AUTHORIZATION OF APPROPRIATIONS.— project costs. is integral to the project; and There is authorized to be appropriated to carry SEC. 5123. HARRIS COUNTY, TEXAS. ‘‘(2) the cost of in-kind services and materials out this section $500,000. (a) IN GENERAL.—Section 575(a) of the Water provided for the project by the non-Federal in- SEC. 5120. UPPER MISSISSIPPI EMBAYMENT, TEN- Resources Development Act of 1996 (110 Stat. terest.’’. NESSEE, ARKANSAS, AND MIS- 3789; 113 Stat. 311) is amended by inserting be- SEC. 5114. CANO MARTIN PENA, SAN JUAN, PUER- SISSIPPI. fore the period at the end the following: ‘‘, TO RICO. The Secretary may participate with non-Fed- whether or not such works or actions are par- The Secretary shall review a report prepared eral and nonprofit entities to address issues con- tially funded under the hazard mitigation grant by the non-Federal interest concerning flood cerning managing groundwater as a sustainable program of the Federal Emergency Management protection and environmental restoration for resource through the Upper Mississippi Agency’’. Cano Martin Pena, San Juan, Puerto Rico, and, Embayment, Tennessee, Arkansas, and Mis- (b) SPECIFIC PROJECTS.—Section 575(b) of such if the Secretary determines that the report meets sissippi, and coordinating the protection of Act (110 Stat. 3789; 113 Stat. 311) is amended— the evaluation and design standards of the groundwater supply and groundwater quality (1) in paragraph (3) by striking ‘‘and’’ at the Corps of Engineers and that the project is fea- with local surface water protection programs. end; sible, the Secretary may carry out the project at There is authorized to be appropriated $5,000,000 (2) in paragraph (4) by striking the period at a total cost of $130,000,000, with an estimated to carry out this section. the end and inserting ‘‘; and’’; and

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.045 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5859 (3) by adding the following: cost of $1,000,000. This action shall be coordi- (12) in subsection (g)(2) by striking ‘‘such fa- ‘‘(5) the project for flood control, Upper White nated with appropriate resource agencies and cilities’’ and all that follows through ‘‘the Sec- Oak Bayou, Texas, authorized by section 401(a) comply with applicable Federal laws. retary’’ and inserting ‘‘the generating facility’’; of the Water Resources Development Act of 1986 SEC. 5131. WILLAPA BAY, WASHINGTON. and (100 Stat. 4125).’’. Section 545 of the Water Resources Develop- (13) by adding at the end the following: SEC. 5124. ONION CREEK, TEXAS. ment Act of 2000 (114 Stat. 2675) is amended— ‘‘(i) TRI-CITIES POWER AUTHORITY DEFINED.— In carrying out the study for the project for (1) in subsection (b)(1) by striking ‘‘may con- In this section, the ‘Tri-Cities Power Authority’ flood damage reduction, recreation, and eco- struct’’ and inserting ‘‘shall construct’’; and refers to the entity established by the City of system restoration, Onion Creek, Texas, the Sec- (2) by inserting ‘‘and ecosystem restoration’’ Hinton, West Virginia, the City of White Sul- retary shall include the costs and benefits asso- after ‘‘erosion protection’’ each place it appears. phur Springs, West Virginia, and the City of Philippi, West Virginia, pursuant to a document ciated with the relocation of flood-prone resi- SEC. 5132. BLUESTONE, WEST VIRGINIA. entitled ‘Second Amended and Restated Inter- dences in the study area for the project in the Section 547 of the Water Resources Develop- governmental Agreement’ approved by the At- period beginning 2 years before the date of initi- ment Act of 2000 (114 Stat. 2676–2678) is amend- torney General of West Virginia on February 14, ation of the study and ending on the date of ed— 2002.’’. execution of the partnership agreement for con- (1) in subsection (b)(1)(A) by striking ‘‘4 struction of the project to the extent the Sec- years’’ and inserting ‘‘5 years’’; SEC. 5133. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL. retary determines such relocations are compat- (2) in subsection (b)(1)(B)(iii) by striking ‘‘if (a) CHEAT AND TYGART RIVER BASINS, WEST ible with the project. The Secretary shall credit all’’ and all that follows through ‘‘facility’’ and VIRGINIA.—Section 581(a)(1) of the Water Re- toward the non-Federal share of the cost of the inserting ‘‘assurance project’’; sources Development Act of 1996 (110 Stat. 3790; project the cost of relocation of such flood-prone (3) in subsection (b)(1)(C) by striking ‘‘and 113 Stat. 313) is amended— residences incurred by the non-Federal interest construction’’ and inserting ‘‘, construction, before the date of the partnership agreement for (1) by striking ‘‘flood control measures’’ and and operation and maintenance’’; inserting ‘‘structural and nonstructural flood the project if the Secretary determines that the (4) by adding at the end of subsection (b) the relocation of such residences is integral to the control, streambank protection, stormwater following: management, and channel clearing and modi- project. ‘‘(3) OPERATION AND OWNERSHIP.—The Tri- fication measures’’; and SEC. 5125. DYKE MARSH, FAIRFAX COUNTY, VIR- Cities Power Authority shall be the owner and (2) by inserting ‘‘with respect to measures that GINIA. operator of the hydropower facilities referred to incorporate levees or floodwalls’’ before the The Secretary shall accept funds from the Na- in subsection (a).’’; semicolon. tional Park Service to restore Dyke Marsh, Fair- (5) in subsection (c)(1)— (b) PRIORITY COMMUNITIES.—Section 581(b) of fax County, Virginia. (A) by striking ‘‘No’’ and inserting ‘‘Unless the Water Resources Development Act of 1996 SEC. 5126. EASTERN SHORE AND SOUTHWEST VIR- otherwise provided, no’’; (110 Stat. 3791) is amended— GINIA. (B) by inserting ‘‘planning,’’ before ‘‘design’’; (1) by striking ‘‘and’’ at the end of paragraph Section 219(f)(10) of the Water Resources De- and (5); velopment Act of 1992 (106 Stat. 4835; 113 Stat. (C) by striking ‘‘prior to’’ and all that follows (2) by striking the period at the end of para- 335) is amended— through ‘‘subsection (d)’’; graph (6) and inserting a semicolon; and (1) by striking ‘‘$20,000,000 for water supply (6) in subsection (c)(2) by striking ‘‘design’’ (3) by adding at the end the following: and wastewater infrastructure’’ and inserting and inserting ‘‘planning, design,’’; ‘‘(7) Etna, Pennsylvania, in the Pine Creek the following: (7) in subsection (d)— watershed; and ‘‘(A) IN GENERAL.—$20,000,000 for water sup- (A) by striking paragraphs (1) and (2) and in- ‘‘(8) Millvale, Pennsylvania, in the Girty’s ply, wastewater infrastructure, and environ- serting the following: Run River basin.’’. mental restoration’’; ‘‘(1) APPROVAL.—The Secretary shall review (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- (2) by adding at the end the following: the design and construction activities for all tion 581(c) of the Water Resources Development ‘‘(B) CREDIT.—The Secretary shall credit to- features of the hydroelectric project that pertain Act of 1996 (110 Stat. 3791) is amended by strik- ward the non-Federal share of the cost of the to and affect stability of the dam and control ing ‘‘$12,000,000’’ and inserting ‘‘$90,000,000’’. project the cost of work carried out by the non- the release of water from Bluestone Dam to en- SEC. 5134. LOWER KANAWHA RIVER BASIN, WEST Federal interest before the date of the partner- sure that the quality of construction of those VIRGINIA. ship agreement for the project if the Secretary features meets all standards established for simi- The Secretary shall conduct a watershed and determines that the work is integral to the lar facilities constructed by the Secretary.’’; river basin assessment under section 729 of the project.’’; and (B) by redesignating paragraph (3) as para- Water Resources Development Act of 1986 (33 (3) by aligning the remainder of the text of graph (2); U.S.C. 2267a) for the Lower Kanawha River subparagraph (A) (as designated by paragraph (C) by striking the period at the end of para- Basin, in the counties of Mason, Putnam, (1) of this section) with subparagraph (B) (as graph (2) (as so redesignated) and inserting ‘‘, Kanawha, Jackson, and Roane, West Virginia. added by paragraph (2) of this section). except that hydroelectric power is no longer a SEC. 5135. CENTRAL WEST VIRGINIA. project purpose of the facility. Water flow re- SEC. 5127. JAMES RIVER, VIRGINIA. Section 571 of the Water Resources Develop- leases from the hydropower facilities shall be de- The Secretary shall accept funds from the Na- ment Act of 1999 (113 Stat. 371) is amended— termined and directed by the Corps of Engi- tional Park Service to provide technical and (1) in subsection (a)— neers.’’; and project management assistance for the James (A) by striking ‘‘Nicholas,’’; and (D) by adding at the end the following: River, Virginia, with a particular emphasis on (B) by striking ‘‘Gilmer,’’; and ‘‘(3) COORDINATION.—Construction of the hy- locations along the shoreline adversely impacted (2) by adding at the end the following: droelectric generating facilities shall be coordi- ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding by Hurricane Isabel. nated with the dam safety assurance project section 221(b) of the Flood Control Act of 1970 SEC. 5128. BAKER BAY AND ILWACO HARBOR, currently in the design and construction (42 U.S.C. 1962d–5b(b)), for any project under- WASHINGTON. phases.’’; taken under this section, a non-Federal interest The Secretary shall conduct a study of in- (8) in subsection (e) by striking ‘‘in accord- may include a nonprofit entity with the consent creased siltation in Baker Bay and Ilwaco Har- ance’’ and all that follows through ‘‘58 Stat. of the affected local government. bor, Washington, to determine if the siltation is 890)’’; ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten per- the result of a Federal navigation project (in- (9) in subsection (f)— cent of the amounts appropriated to carry out cluding diverted flows from the Columbia River) (A) by striking ‘‘facility of the interconnected this section may be used by the Corps of Engi- and, if the Secretary determines that the silta- systems of reservoirs operated by the Secretary’’ neers district offices to administer projects under tion is the result of a Federal navigation each place it appears and inserting ‘‘facilities this section at 100 percent Federal expense.’’. project, the Secretary shall carry out a project under construction under such agreements’’; SEC. 5136. SOUTHERN WEST VIRGINIA. to mitigate the siltation as part of maintenance and (a) CORPS OF ENGINEERS.—Section 340 of the of the Federal navigation project. (B) by striking ‘‘design’’ and inserting ‘‘plan- Water Resources Development Act of 1992 (106 SEC. 5129. HAMILTON ISLAND CAMPGROUND, ning, design’’; Stat. 4856; 113 Stat. 320) is amended by adding WASHINGTON. (10) in subsection (f)(2)— at the end the following: The Secretary is authorized to plan, design, (A) by ‘‘Secretary’’ each place it appears and ‘‘(h) CORPS OF ENGINEERS.—Ten percent of and construct a campground for Bonneville inserting ‘‘Tri-Cities Power Authority’’; and the amounts appropriated to carry out this sec- Lock and Dam at Hamilton Island (also know (B) by striking ‘‘facilities referred to in sub- tion may be used by the Corps of Engineers dis- as ‘‘Strawberry Island’’) in Skamania County, section (a)’’ and inserting ‘‘such facilities’’; trict offices to administer projects under this Washington. (11) by striking paragraph (1) of subsection (g) section at 100 percent Federal expense.’’. SEC. 5130. PUGET ISLAND, WASHINGTON. and inserting the following: (b) SOUTHERN WEST VIRGINIA DEFINED.—Sec- The Secretary is directed to place dredged and ‘‘(1) to arrange for the transmission of power tion 340(f) of such Act is amended by inserting other suitable material along portions of the Co- to the market or to construct such transmission ‘‘Nicholas,’’ after ‘‘Greenbrier,’’. lumbia River shoreline of Puget Island, Wash- facilities as necessary to market the power pro- (c) NONPROFIT ENTITIES.—Section 340 of the ington, between river miles 38 to 47 in order to duced at the facilities referred to in subsection Water Resources Development Act of 1992 (106 protect economic and environmental resources (a) with funds contributed by the Tri-Cities Stat. 4856) is further amended by adding at the in the area from further erosion, at a Federal Power Authority; and’’; end the following:

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‘‘(i) NONPROFIT ENTITIES.—Notwithstanding SEC. 6002. PILOT PROJECTS. (2) The uncompleted portions of the project section 221(b) of the Flood Control Act of 1970 Section 601(b)(2)(B) of the Water Resources authorized by section 203 of the Flood Control (42 U.S.C. 1962d–5b(b)), for any project under- Development Act of 2000 (114 Stat. 2681) is Act of 1968 (82 Stat. 740), Martin County, Flor- taken under this section, a non-Federal interest amended— ida modifications to the Central and South Flor- may include a nonprofit entity with the consent (1) in the matter preceding clause (i)— ida Project, as contained in Senate Document of the affected local government.’’. (A) by striking ‘‘$69,000,000’’ and inserting 101, 90th Congress, 2d Session. SEC. 5137. JOHNSONVILLE DAM, JOHNSONVILLE, ‘‘$71,200,000’’; and (3) The uncompleted portions of the project WISCONSIN. (B) by striking ‘‘$34,500,000’’ each place it ap- authorized by section 203 of the Flood Control The Secretary shall conduct a study of the pears and inserting ‘‘$35,600,000’’; and Act of 1968 (82 Stat. 740), East Coast Johnsonville Dam, Johnsonville, Wisconsin, to (2) in clause (i)— Backpumping, St. Lucie—Martin County, Spill- determine if the structure prevents ice jams on (A) by striking ‘‘$6,000,000’’ and inserting way Structure S–311 of the Central and South the Sheboygan River. ‘‘$8,200,000’’; and Florida Project, as contained in House Docu- (B) by striking ‘‘$3,000,000’’ each place it ap- ment 369, 90th Congress, 2d Session. SEC. 5138. CONSTRUCTION OF FLOOD CONTROL pears and inserting ‘‘$4,100,000’’. PROJECTS BY NON-FEDERAL INTER- SEC. 6009. MODIFIED WATER DELIVERY. ESTS. SEC. 6003. MAXIMUM COST OF PROJECTS. (a) TAMIAMI TRAIL.—The Secretary shall not Section 211(f) of the Water Resources Develop- Section 601(b)(2)(E) of the Water Resources carry out a project for raising Tamiami Trail, ment Act of 1996 (33 U.S.C. 701b–13) is amended Development Act of 2000 (114 Stat. 2683) is Florida, until such date as the project is specifi- by adding at the end the following: amended by inserting ‘‘and section (d)’’ before cally authorized by law. ‘‘(9) BUFFALO BAYOU, TEXAS.—The project for the period at the end. (b) REPORTS.—The Secretary shall submit to flood control, Buffalo Bayou, Texas. SEC. 6004. PROJECT AUTHORIZATION. Congress reports recommending specific author- ‘‘(10) HALLS BAYOU, TEXAS.—The project for Section 601(d) of the Water Resources Devel- izations in law for— flood control, Halls Bayou, Texas. opment Act of 2000 (114 Stat. 2684) is amended (1) changes to the project to improve water de- ‘‘(11) ST. PAUL DOWNTOWN AIRPORT (HOLMAN by adding at the end the following: liveries to Everglades National Park, authorized FIELD), ST. PAUL, MINNESOTA.—The project for ‘‘(3) PROJECT AUTHORIZATION.—The following by section 104 of the Everglades National Park flood damage reduction, St. Paul Downtown project for water resources development and Protection and Expansion Act of 1989 (16 U.S.C. Airport (Holman Field), St. Paul, Minnesota. conservation and other purposes is authorized 410r-8), if necessary; ‘‘(12) THORNTON RESERVOIR, COOK COUNTY, IL- to be carried out by the Secretary substantially (2) a project to raise Tamiami Trail, Florida, LINOIS.—The project for flood control, Chicago in accordance with the plans, and subject to the if necessary; and Underflow Plan, Thornton Reservoir, Cook conditions, described in the report designated in (3) a combined structural and operational County, Illinois. this paragraph: plan for the C–111 Canal Project, authorized by section 203 of the Flood Control Act of 1948 (62 ‘‘(13) LAROSE TO GOLDEN MEADOW, LOU- ‘‘(A) INDIAN RIVER LAGOON SOUTH, FLORIDA.— Stat. 1176), and modified by section 203 of the ISIANA.—The project for flood control, Larose to The project for ecosystem restoration, water Flood Control Act of 1968 (82 Stat. 740), and fur- Golden Meadow, Louisiana. supply, flood damage reduction, and protection ther modified by section 316 of the Water Re- ‘‘(14) PERRIS, CALIFORNIA.—The project for of water quality, Indian River Lagoon South, sources Development Act of 1996 (110 Stat. 3715), flood control, Perris, California.’’. Florida: Report of the Chief of Engineers dated August 6, 2004, at a total cost of $1,210,608,000, and the project to improve water deliveries to SEC. 5139. USE OF FEDERAL HOPPER DREDGE with an estimated Federal cost of $605,304,000 Everglades National Park. FLEET. and an estimated non-Federal cost of TITLE VII—LOUISIANA COASTAL AREA (a) STUDY.—The Secretary shall conduct a $605,304,000.’’. study on the appropriate use of the Federal SEC. 7001. DEFINITIONS. hopper dredge fleet. SEC. 6005. CREDIT. In this title, the following definitions apply: Section 601(e)(5)(B) of the Water Resources (b) CONTENTS.—In conducting the study, the (1) COASTAL LOUISIANA ECOSYSTEM.—The term Secretary shall— Development Act of 2000 (114 Stat. 2685) is ‘‘coastal Louisiana ecosystem’’ means the coast- (1) obtain and analyze baseline data to deter- amended— al area of Louisiana from the Sabine River on (1) in clause (i)— mine the appropriate use of the Federal hopper the west and the Pearl River on the east, includ- (A) by striking ‘‘or’’ at the end of subclause dredge fleet; ing those parts of the Deltaic Plain and the (I); (2) prepare a comprehensive analysis of the Chenier Plain included within the study area of (B) by adding ‘‘or’’ at the end of subclause costs and benefits of existing and proposed re- the Plan. (II); and (2) GOVERNOR.—The term ‘‘Governor’’ means strictions on the use of the Federal hopper (C) by adding at the end the following: dredge fleet; and the Governor of the State of Louisiana. ‘‘(III) the credit is provided for work carried (3) PLAN.—The term ‘‘Plan’’ means the report (3) assess the data and procedure used by the out before the date of the partnership agreement Secretary to prepare the Government cost esti- of the Chief of Engineers for ecosystem restora- between the Secretary and the non-Federal tion for the Louisiana Coastal Area dated Janu- mate for worked performed by the Federal hop- sponsor, as defined in an agreement between the per dredge fleet. ary 31, 2005. Secretary and the non-Federal sponsor pro- (4) TASK FORCE.—The term ‘‘Task Force’’ (c) CONSULTATION.—The Secretary shall con- viding for such credit;’’; and means the Coastal Louisiana Ecosystem Protec- duct the study in consultation with ports, pilots, (2) in clause (ii)— and representatives of the private dredge indus- tion and Restoration Task Force established by (A) by striking ‘‘design agreement or the section 7003. try. project cooperation’’; and SEC. 7002. ADDITIONAL REPORTS. (d) REPORT.—Not later than 180 days after the (B) by inserting before the semicolon the fol- (a) MISSISSIPPI RIVER GULF OUTLET.—Not date of enactment of this Act, the Secretary lowing: ‘‘, including in the case of credit pro- later than 2 years after the date of enactment of shall transmit to Congress a report on the re- vided under clause (i)(III) conditions relating to this Act, the Secretary shall submit to Congress sults of the study. design and construction’’. a report recommending modifications to the Mis- TITLE VI—FLORIDA EVERGLADES SEC. 6006. OUTREACH AND ASSISTANCE. sissippi River Gulf Outlet to address navigation, SEC. 6001. HILLSBORO AND OKEECHOBEE AQUI- Section 601(k) of the Water Resources Devel- salt water intrusion, channel bank erosion, miti- FER, FLORIDA. opment Act of 2000 (114 Stat. 2691) is amended gation, and threats to life and property. (a) MODIFICATION.—The project for Hillsboro by adding at the end the following: (b) CHENIER PLAIN.—Not later than July 1, and Okeechobee Aquifer, Florida, authorized by ‘‘(3) MAXIMUM EXPENDITURES.—The Secretary 2006, the Secretary shall submit to Congress a section 101(a)(16) of the Water Resources Devel- may expend up to $3,000,000 per fiscal year for report recommending near-term ecosystem res- opment Act of 1999 (113 Stat. 276), is modified to fiscal years beginning after September 30, 2004, toration measures for the Chenier Plain, Lou- authorize the Secretary to carry out the project to carry out this subsection.’’. isiana. at a total cost of $39,200,000. SEC. 6007. CRITICAL RESTORATION PROJECTS. (c) LONG-TERM PLAN.— (b) TREATMENT.—Section 601(b)(2)(A) of the Section 528(b)(3)(C) of the Water Resources (1) COMPREHENSIVE FRAMEWORK.—Not later Water Resources Development Act of 2000 (114 Development Act of 1996 (110 Stat. 3769; 113 Stat. than one year after the date of enactment of Stat. 2681) is amended— 286) is amended— this section, the Secretary shall submit to Con- (1) in clause (i) by adding at the end the fol- (1) in clause (i) by striking ‘‘$75,000,000’’ and gress a recommended framework for developing lowing: ‘‘The project for aquifer storage and re- all that follows through ‘‘2003’’ and inserting a long-term program that provides for the com- covery, Hillsboro and Okeechobee Aquifer, Flor- ‘‘$95,000,000’’; and prehensive protection, conservation, and res- ida, authorized by section 101(a)(16) of the (2) in clause (ii) by striking ‘‘$25,000,000’’ and toration of the wetlands, estuaries (including Water Resources Development Act of 1999 (113 inserting ‘‘$30,000,000’’. Barataria-Terrebonne Estuary), barrier islands, Stat. 276), shall be treated for purposes of this SEC. 6008. DEAUTHORIZATIONS. and related land and features that protect crit- section as being in the Plan, except that oper- As of the date of enactment of this Act, the ical resources, habitat, and infrastructure in the ation and maintenance costs of the project shall following projects are not authorized: coastal Louisiana ecosystem from the impacts of remain a non-Federal responsibility.’’; and (1) The uncompleted portions of the project coastal storms, hurricanes, erosion, and subsid- (2) in clause (iii) by inserting after ‘‘subpara- authorized by section 601(b)(2)(C)(i) of the ence. graph (B)’’ the following: ‘‘and the project for Water Resources Development Act of 2000 (114 (2) CONSIDERATION.—In developing the rec- aquifer storage and recovery, Hillsboro and Stat. 2682), C–44 Basin Storage Reservoir of the ommended framework, the Secretary shall con- Okeechobee Aquifer’’. Comprehensive Everglades Restoration Plan. sider integrating other Federal or State projects

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.045 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5861 or activities within the coastal Louisiana eco- considered an advisory committee under the use of material dredged from federally main- system into the long-term restoration program. Federal Advisory Committee Act (5 U.S.C. App.). tained waterways at a total cost of $100,000,000. (3) COMPREHENSIVE PLAN.— SEC. 7004. INVESTIGATIONS. SEC. 7006. NON-FEDERAL COST SHARE. (A) DEADLINE.—Not later than five years after (a) IN GENERAL.—The Secretary shall conduct (a) CREDIT.—The Secretary shall credit to- the date of enactment of this Act, the Secretary feasibility studies for future authorization and ward the non-Federal share of the cost of a shall submit to Congress a feasibility study rec- large-scale studies substantially in accordance study authorized by section 7004 or a project au- ommending a comprehensive, long-term, plan for with the Plan at a total cost $130,000,000. thorized by section 7005 the cost of work carried the protection, conservation, and restoration of (b) EXISTING FEDERALLY AUTHORIZED WATER out in the coastal Louisiana ecosystem by the the coastal Louisiana ecosystem. RESOURCES PROJECTS.— non-Federal interest before the date of the part- (B) INTEGRATION.—The comprehensive, long- (1) IN GENERAL.—The Secretary shall review nership agreement for the study or project, as term, plan shall include recommendations for existing federally authorized water resources the case may be, if the Secretary determines that the integration of ongoing Federal and State projects in the coastal Louisiana ecosystem in the work is integral to the study or project, as projects, programs, and activities. order to determine their consistency with the the case may be. SEC. 7003. COASTAL LOUISIANA ECOSYSTEM PRO- purposes of this section and whether the (b) TREATMENT OF CREDIT BETWEEN TECTION AND RESTORATION TASK projects have the potential to contribute to eco- PROJECTS.—Any credit provided under this sec- FORCE. system restoration through revised operations or tion toward the non-Federal share of the cost of (a) ESTABLISHMENT AND MEMBERSHIP.—There modified project features. a study authorized by section 7004 or a project is established the Coastal Louisiana Ecosystem (2) FUNDING.—There is authorized to be ap- authorized by section 7005 may be applied to- Protection and Restoration Task Force, which propriated $10,000,000 to carry out this sub- ward the non-Federal share of the cost of any shall consist of the following members (or, in the section. other study authorized by section 7004 or any case of the head of a Federal agency, a designee SEC. 7005. CONSTRUCTION. other project authorized by section 7005, as the at the level of Assistant Secretary or an equiva- (a) COASTAL LOUISIANA ECOSYSTEM PRO- case may be. lent level): GRAM.— (c) PERIODIC MONITORING.— (1) The Secretary. (1) IN GENERAL.—The Secretary shall carry (1) IN GENERAL.—To ensure that the contribu- (2) The Secretary of the Interior. tions of the non-Federal interest equal the non- (3) The Secretary of Commerce. out a coastal Louisiana ecosystem program sub- stantially in accordance with the Plan, at a Federal share of the cost of a study authorized (4) The Administrator of the Environmental by section 7004 or a project authorized by sec- Protection Agency. total cost of $50,000,000. (2) OBJECTIVES.—The objectives of the pro- tion 7005, during each 5-year period beginning (5) The Secretary of Agriculture. after the date of commencement of the first (6) The Secretary of Transportation. gram shall be to— (A) identify uncertainties about the physical, study under section 7004 or construction of the (7) The Secretary of Energy. first project under section 7005, as the case may (8) The Director of the Federal Emergency chemical, geological, biological, and cultural baseline conditions in the coastal Louisiana eco- be, the Secretary shall— Management Agency. (A) monitor the non-Federal provision for (9) The Commandant of the Coast Guard. system; (B) improve the State of knowledge of the each study authorized by section 7004 or each (10) The Coastal Advisor to the Governor. project authorized by section 7005, as the case (11) The Secretary of the Louisiana Depart- physical, chemical, geological, biological, and cultural baseline conditions in the coastal Lou- may be, of cash, in-kind services and materials, ment of Natural Resources. and land, easements, rights-of-way, relocations, (12) A representative of the Louisiana Gov- isiana ecosystem; and and disposal areas; and ernor’s Advisory Commission on Coastal Res- (C) identify and develop technologies, models, and methods that could be useful in carrying (B) manage, to the extent practicable, the re- toration and Conservation. quirement of the non-Federal interest to provide (b) DUTIES OF TASK FORCE.—The Task Force out the purposes of this title. for each such project cash, in-kind services and shall— (3) WORKING GROUPS.—The Secretary may es- materials, and land, easements, rights-of-way, (1) make recommendations to the Secretary re- tablish such working groups as are necessary to relocations, and disposal areas. garding policies, strategies, plans, programs, assist in carrying out this subsection. (2) OTHER MONITORING.—The Secretary shall projects, and activities for addressing protec- (4) PROCEDURES AND ADVICE.—In carrying out conduct monitoring separately for the study tion, conservation, and restoration of the coast- this subsection, the Secretary is authorized to phase, construction phase, the preconstruction al Louisiana ecosystem; enter into contracts and cooperative agreements engineering and design phase, and the planning (2) prepare financial plans for each of the with scientific and engineering experts in the phase for each project authorized on or after agencies represented on the Task Force for restoration of aquatic and marine ecosystems, date of enactment of this Act for all or any por- funds proposed for the protection, conservation, including a consortium of academic institutions tion of the coastal Louisiana ecosystem. and restoration of the coastal Louisiana eco- in Louisiana and Mississippi for coastal restora- (d) AUDITS.—Credit for land, easements, system under authorities of each agency, in- tion and enhancement through science and rights-of-way, relocations, and disposal areas cluding— technology. (including land value and incidental costs) pro- (A) recommendations that identify funds from (b) DEMONSTRATION PROJECTS.— vided under this section, and the cost of work current agency missions and budgets; and (1) IN GENERAL.—Subject to paragraphs (2) provided under this section, shall be subject to (B) recommendations for coordinating indi- and (3), the Secretary may carry out projects audit by the Secretary. vidual agency budget requests; and substantially in accordance with the Plan for (3) submit to Congress a biennial report that the purpose of resolving critical areas of sci- SEC. 7007. PROJECT JUSTIFICATION. summarizes the activities of the Task Force and entific or technological uncertainty related to (a) IN GENERAL.—Notwithstanding section 209 progress towards the purposes set forth in sec- the implementation of the comprehensive plan to of the Flood Control Act of 1970 (42 U.S.C. 1962– tion 7002(c)(1). be developed under section 7002(c)(3). 2) or any other provision of law, in carrying out (c) PROCEDURES AND ADVICE.—The Task (2) MAXIMUM COST.— any project or activity authorized by or under Force shall— (A) TOTAL COST.—The total cost for planning, this title or any other provision of law to pro- (1) implement procedures to facilitate public design, and construction of all demonstration tect, conserve, and restore the coastal Louisiana participation with regard to Task Force activi- projects under this subsection shall not exceed ecosystem, the Secretary may determine that— ties, including— $100,000,000. (1) the project or activity is justified by the (A) providing advance notice of meetings; (B) INDIVIDUAL PROJECT.—The total cost of an environmental benefits derived by the coastal (B) providing adequate opportunity for public individual demonstration project under this sub- Louisiana ecosystem; and input and comment; section shall not exceed $25,000,000. (2) no further economic justification for the (C) maintaining appropriate records; and (c) INITIAL PROJECTS.—The Secretary is au- project or activity is required if the Secretary (D) making a record of proceedings available thorized to carry out the following projects sub- determines that the project or activity is cost ef- for public inspection; and stantially in accordance with the Plan: fective. (2) establish such working groups as are nec- (1) Mississippi River Gulf Outlet Environ- (b) LIMITATION ON APPLICABILITY.—Sub- essary to assist the Task Force in carrying out mental Restoration at a total cost of section (a) shall not apply to any separable ele- its duties. $105,300,000. ment intended to produce benefits that are pre- (d) COMPENSATION.—Members of the Task (2) Small Diversion at Hope Canal at a total dominantly unrelated to the protection, con- Force or any associated working group may not cost of $68,600,000. servation, and restoration of the coastal Lou- receive compensation for their services as mem- (3) Barataria Basin Barrier Shoreline Restora- isiana ecosystem. bers of the Task Force or working group. tion at a total cost of $242,600,000. SEC. 7008. STATUTORY CONSTRUCTION. (e) TRAVEL EXPENSES.—Travel expenses in- (4) Small Bayou Lafourche Reintroduction at (a) EXISTING AUTHORITY.—Except as other- curred by members of the Task Force, or mem- a total cost of $133,500,000. wise provided in this title, nothing in this title bers of an associated working group, in the per- (5) Medium Diversion at Myrtle Grove with affects any authority in effect on the date of en- formance of their service on the Task Force or Dedicated Dredging at a total cost of actment of this Act, or any requirement relating working group shall be paid by the agency or $278,300,000. to the participation in protection, conservation, entity that the member represents. (d) BENEFICIAL USE OF DREDGED MATERIAL.— and restoration projects and activities in the (f) APPLICATION OF FEDERAL ADVISORY COM- The Secretary, substantially in accordance with coastal Louisiana ecosystem, including projects MITTEE ACT.—The Task Force and any working the Plan, shall implement in the coastal Lou- and activities referred to in subsection (a) of— group established by the Task Force shall not be isiana ecosystem a program for the beneficial (1) the Department of the Army;

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.045 H14PT1 H5862 CONGRESSIONAL RECORD — HOUSE July 14, 2005 (2) the Department of the Interior; SEC. 8004. ECOSYSTEM RESTORATION AUTHOR- as changes in water quality, hydrology, or the (3) the Department of Commerce; IZATION. well-being of indicator species the population (4) the Environmental Protection Agency; (a) OPERATION.—To ensure the environmental and distribution of which are representative of (5) the Department of Agriculture; sustainability of the existing Upper Mississippi the abundance and diversity of ecosystem-de- (6) the Department of Transportation; River and Illinois Waterway System, the Sec- pendent aquatic and terrestrial species. (7) the Department of Energy; retary shall modify, consistent with require- (3) RESTORATION DESIGN.—Restoration design (8) the Federal Emergency Management Agen- ments to avoid adverse effects on navigation, carried out as part of ecosystem restoration cy; the operation of the Upper Mississippi River and shall include a monitoring plan for the perform- (9) the Coast Guard; and Illinois Waterway System to address the cumu- ance measures identified under paragraph (10) the State of Louisiana. lative environmental impacts of operation of the (1)(A), including— (b) NEW AUTHORITY.—Nothing in this title system and improve the ecological integrity of (A) a timeline to achieve the identified target confers any new regulatory authority on any the Upper Mississippi River and Illinois River. goals; and Federal or non-Federal entity that carries out (b) ECOSYSTEM RESTORATION PROJECTS.— (B) a timeline for the demonstration of project any project or activity authorized by or under (1) IN GENERAL.—The Secretary shall carry completion. this title. out, consistent with requirements to avoid ad- (d) SPECIFIC PROJECTS AUTHORIZATION.— TITLE VIII—UPPER MISSISSIPPI RIVER verse effects on navigation, ecosystem restora- (1) IN GENERAL.—There is authorized to be ap- AND ILLINOIS WATERWAY SYSTEM tion projects to attain and maintain the sustain- propriated to carry out this subsection ability of the ecosystem of the Upper Mississippi $1,580,000,000, of which not more than SEC. 8001. DEFINITIONS. River and Illinois River in accordance with the $226,000,000 shall be available for projects de- In this title, the following definitions apply: general framework outlined in the Plan. scribed in subsection (b)(2)(B) and not more (1) PLAN.—The term ‘‘Plan’’ means the project (2) PROJECTS INCLUDED.—Ecosystem restora- than $43,000,000 shall be available for projects for navigation and ecosystem improvements for tion projects may include— described in subsection (b)(2)(J). the Upper Mississippi River and Illinois Water- (A) island building; (2) LIMITATION ON AVAILABLE FUNDS.—Of the way System: Report of the Chief of Engineers, (B) construction of fish passages; amounts made available under paragraph (1), dated December 15, 2004. (C) floodplain restoration; not more than $35,000,000 in any fiscal year may (2) UPPER MISSISSIPPI RIVER AND ILLINOIS WA- (D) water level management (including water be used for land acquisition under subsection TERWAY SYSTEM.—The term ‘‘Upper Mississippi drawdown); (b)(4). River and Illinois Waterway System’’ means the (E) backwater restoration; (3) INDIVIDUAL PROJECT LIMIT.—Other than projects for navigation and ecosystem restora- (F) side channel restoration; for projects described in subparagraphs (B) and tion authorized by Congress for— (G) wing dam and dike restoration and modi- (J) of subsection (b)(2), the total cost of any sin- (A) the segment of the Mississippi River from fication; gle project carried out under this subsection the confluence with the Ohio River, River Mile (H) island and shoreline protection; shall not exceed $25,000,000. 0.0, to Upper St. Anthony Falls Lock in Min- (I) topographical diversity; (e) IMPLEMENTATION REPORTS.— neapolis-St. Paul, Minnesota, River Mile 854.0; (J) dam point control; (1) IN GENERAL.—Not later than June 30, 2007, and (K) use of dredged material for environmental and every 4 years thereafter, the Secretary shall (B) the Illinois Waterway from its confluence purposes; submit to the Committee on Environment and with the Mississippi River at Grafton, Illinois, (L) tributary confluence restoration; Public Works of the Senate and the Committee River Mile 0.0, to T.J. O’Brien Lock in Chicago, (M) spillway, dam, and levee modification; on Transportation and Infrastructure of the Illinois, River Mile 327.0. and House of Representatives an implementation re- SEC. 8002. NAVIGATION IMPROVEMENTS AND (N) land and easement acquisition. port that— RESTORATION. (3) COST SHARING.— (A) includes baselines, milestones, goals, and Except as modified by this title, the Secretary (A) IN GENERAL.—Except as provided in sub- priorities for ecosystem restoration projects; and shall undertake navigation improvements and paragraphs (B) and (C), the Federal share of (B) measures the progress in meeting the restoration of the ecosystem for the Upper Mis- the cost of carrying out an ecosystem restoration goals. sissippi River and Illinois Water System sub- project under this subsection shall be 65 percent. (2) ADVISORY PANEL.— stantially in accordance with the Plan and sub- (B) EXCEPTION FOR CERTAIN RESTORATION (A) IN GENERAL.—The Secretary shall appoint ject to the conditions described therein. PROJECTS.—In the case of a project under this and convene an advisory panel to provide inde- SEC. 8003. AUTHORIZATION OF CONSTRUCTION section for ecosystem restoration, the Federal pendent guidance in the development of each OF NAVIGATION IMPROVEMENTS. share of the cost of carrying out the project implementation report under paragraph (1). (B) PANEL MEMBERS.—Panel members shall in- (a) SMALL SCALE AND NONSTRUCTURAL MEAS- shall be 100 percent if the project— clude— URES.— (i) is located below the ordinary high water (i) 1 representative of each of the State re- (1) IN GENERAL.—The Secretary shall— mark or in a connected backwater; source agencies (or a designee of the Governor (A) construct mooring facilities at Locks 12, (ii) modifies the operation of structures for of the State) from each of the States of Illinois, 14, 18, 20, 22, 24, and LaGrange Lock; navigation; or Iowa, Minnesota, Missouri, and Wisconsin; (B) provide switchboats at Locks 20 through (iii) is located on federally owned land. (ii) 1 representative of the Department of Agri- 25; and (C) SAVINGS CLAUSE.—Nothing in this sub- culture; (C) conduct development and testing of an ap- section affects the applicability of section 906(e) (iii) 1 representative of the Department of pointment scheduling system. of the Water Resources Development Act of 1986 Transportation; (2) AUTHORIZATION OF APPROPRIATIONS.—The (33 U.S.C. 2283(e)). (iv) 1 representative of the United States Geo- total cost of projects authorized under this sub- (D) NONGOVERNMENTAL ORGANIZATIONS.—Not- logical Survey; section shall be $235,000,000. Such costs shall be withstanding section 221(b) of the Flood Control (v) 1 representative of the United States Fish 1 paid ⁄2 from amounts appropriated from the Act of 1970 (42 U.S.C. 1962d–5(b)), for any and Wildlife Service; 1 general fund of the Treasury and ⁄2 from project carried out under this title, a non-Fed- (vi) 1 representative of the Environmental amounts appropriated from the Inland Water- eral sponsor may include a nonprofit entity, Protection Agency; ways Trust Fund. with the consent of the affected local govern- (vii) 1 representative of affected landowners; (b) NEW LOCKS.— ment. (viii) 2 representatives of conservation and en- (1) IN GENERAL.—The Secretary shall con- (4) LAND ACQUISITION.—The Secretary may ac- vironmental advocacy groups; and struct new 1,200-foot locks at Locks 20, 21, 22, quire land or an interest in land for an eco- (ix) 2 representatives of agriculture and indus- 24, and 25 on the Upper Mississippi River and at system restoration project from a willing seller try advocacy groups. LaGrange Lock and Peoria Lock on the Illinois through conveyance of— (C) CHAIRPERSON.—The Secretary shall serve Waterway. (A) fee title to the land; or as chairperson of the advisory panel. (2) AUTHORIZATION OF APPROPRIATIONS.—The (B) a flood plain conservation easement. (D) APPLICATION OF FEDERAL ADVISORY COM- total cost of projects authorized under this sub- (c) ECOSYSTEM RESTORATION MITTEE ACT.—The Advisory Panel and any section shall be $1,795,000,000. Such costs shall PRECONSTRUCTION ENGINEERING AND DESIGN.— working group established by the Advisory be paid 1⁄2 from amounts appropriated from the (1) RESTORATION DESIGN.—Before initiating Panel shall not be considered an advisory com- general fund of the Treasury and 1⁄2 from the construction of any individual ecosystem mittee under the Federal Advisory Committee amounts appropriated from the Inland Water- restoration project, the Secretary shall— Act (5 U.S.C. App.). ways Trust Fund. (A) establish ecosystem restoration goals and (f) RANKING SYSTEM.— (c) CONCURRENCE.—The mitigation required identify specific performance measures designed (1) IN GENERAL.—The Secretary, in consulta- for the projects authorized under subsections (a) to demonstrate ecosystem restoration; tion with the Advisory Panel, shall develop a and (b), including any acquisition of lands or (B) establish the without-project condition or system to rank proposed projects. interests in lands, shall be undertaken or ac- baseline for each performance indicator; and (2) PRIORITY.—The ranking system shall give quired concurrently with lands and interests in (C) for each separable element of the eco- greater weight to projects that restore natural lands for the projects authorized under sub- system restoration, identify specific target goals river processes, including those projects listed in sections (a) and (b), and physical construction for each performance indicator. subsection (b)(2). required for the purposes of mitigation shall be (2) OUTCOMES.—Performance measures identi- SEC. 8005. COMPARABLE PROGRESS. undertaken concurrently with the physical con- fied under paragraph (1)(A) shall include spe- (a) IN GENERAL.—As the Secretary conducts struction of such projects. cific measurable environmental outcomes, such pre-engineering, design, and construction for

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 7634 Sfmt 6333 E:\CR\FM\A14JY7.045 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5863 projects authorized under this title, the Sec- Page 23, strike lines 9 through 13 and redes- nity College, the University of Illinois, the retary shall— ignate subsequent paragraphs accordingly. Illinois Department of Natural Resources (1) select appropriate milestones; and Page 24, after line 18, insert the following: and Environmental Sciences, and other enti- (2) determine, at the time of such selection, (25) DRY AND OTTER CREEKS, CORTLAND, NEW ties, for the study of river ecology, devel- whether the projects are being carried out at YORK.—Project for flood damage reduction, oping watershed and river management comparable rates. Dry and Otter Creeks, Cortland, New York. strategies, and educating students and the (b) NO COMPARABLE RATE.—If the Secretary Page 27, line 8, strike ‘‘(a)(21)’’ and insert public on river issues; and determines under subsection (a)(2) that projects ‘‘(a)(19)’’. (3) the University of Texas at Dallas for authorized under this subsection are not moving Page 27, line 19, strike ‘‘(a)(18)’’ and insert support and operation of the International toward completion at a comparable rate, annual ‘‘(a)(16)’’. Center for Decision and Risk Analysis to funding requests for the projects shall be ad- Page 28, line 1, strike ‘‘(a)(35)’’ and insert study risk analysis and control methods for justed to ensure that the projects move toward ‘‘(a)(34)’’. transboundary water resources management completion at a comparable rate in the future. Page 29, after line 17, insert the following: in the southwestern United States and other (10) DRY AND OTTER CREEKS, CORTLAND international water resources management The Acting CHAIRMAN. No amend- COUNTY, NEW YORK.—Project for emergency ment to the committee amendment is problems. streambank protection, Dry and Otter (b) AUTHORIZATION OF APPROPRIATIONS.— in order except those printed in House Creeks, Cortland County, New York. There are authorized to be appropriated to Report 109–160. Each amendment may Page 29, after line 24, insert the following: the Secretary to carry out subsection (a)(1) be offered only in the order printed in (12) OWEGO CREEK, TIOGA COUNTY, NEW $5,000,000, to carry out subsection (a)(2) the report, by a Member designated in YORK.—Project for emergency streambank $5,000,000, and to carry out subsection (a)(3) the report, shall be considered read, protection, Owego Creek, Tioga County, New $5,000,000. Such sums shall remain available York. until expended. shall be debatable for the time speci- Page 40, line 1, after the second comma, in- Page 110, after line 22, insert the following fied in the report, equally divided and sert ‘‘Shore Parkway Greenway,’’. (and redesignate subsequent sections accord- controlled by the proponent and an op- Page 83, strike line 20 and all that follows ingly): ponent, shall not be subject to amend- through line 18 on page 85 and insert the fol- lowing: SEC. 3001. COOK INLET, ALASKA. ment, and shall not be subject to a de- Section 118(a)(2) of the Energy and Water mand for division of the question. (a) DETERMINATION OF CERTAIN NATIONAL BENEFITS.— Development Appropriations Act, 2005 (title I It is now in order to consider amend- (1) SENSE OF CONGRESS.—It is the sense of of division C of the Consolidated Appropria- ment No. 1 printed in House Report Congress that, consistent with the Economic tions Act, 2005; 118 Stat. 2945) is amended— 109–160. and Environmental Principles and Guide- (1) by inserting ‘‘maximum navigational’’ AMENDMENT NO. 1 OFFERED BY MR. DUNCAN lines for Water and Related Land Resources before ‘‘draft’’; Mr. DUNCAN. Mr. Chairman, I offer Implementation Studies (1983), the Secretary (2) by striking ‘‘greater than’’; and may select a water resources project alter- (3) by inserting ‘‘or greater’’ after ‘‘35 an amendment. feet’’. The Acting CHAIRMAN. The Clerk native that does not maximize net national economic development benefits or net na- Page 125, after line 23, insert the following will designate the amendment. tional ecosystem restoration benefits if (and redesignate subsequent sections accord- The text of the amendment is as fol- there is an overriding reason based on other ingly): lows: Federal, State, local, or international con- SEC. 3032. SOUTH PLATTE RIVER BASIN, COLO- Amendment No. 1 offered by Mr. DUNCAN: cerns. RADO. Page 11, line 7, insert ‘‘(a) PROJECTS WITH (2) FLOOD DAMAGE REDUCTION, NAVIGATION, Section 808 of the Water Resources Devel- CHIEF’S REPORT.—’’ before ‘‘Except as’’. AND HURRICANE STORM DAMAGE REDUCTION opment Act of 1986 (100 Stat. 4168) is amended Page 12, line 16, strike ‘‘SHILY’’’ and insert PROJECTS.—With respect to a water resources by striking ‘‘agriculture,’’ and inserting ‘‘ag- ‘‘SHLY’’’. project the primary purpose of which is flood riculture, environmental restoration,’’. Page 12, line 18, strike ‘‘Shily’’’ and insert damage reduction, navigation, or hurricane Page 130, line 17, strike ‘‘costs it’’ and in- ‘‘Shly’’’. and storm damage reduction, an overriding sert ‘‘the Federal share of the costs the non- Page 21, after line 21, insert the following: reason for selecting a plan other than the Federal interest’’. (b) PROJECTS SUBJECT TO FINAL REPORT.— plan that maximizes net national economic Page 130, line 18, after ‘‘project’’ insert The following projects for water resources development benefits may be if the Sec- ‘‘(including environmental mitigation costs development and conservation and other pur- retary determines, and the non-Federal in- and costs incurred for incomplete usable in- poses are authorized to be carried out by the terest concurs, that an alternative plan is crements of the project)’’. Secretary substantially in accordance with feasible and achieves the project purposes Page 134, strike lines 10 through 22 and in- the plans, and subject to the conditions, rec- while providing greater ecosystem restora- sert the following: ommended in a final report of the Chief of tion benefits. SEC. 3046. BEARDSTOWN COMMUNITY BOAT HAR- Engineers if a favorable report of the Chief is (3) ECOSYSTEM RESTORATION PROJECTS.— BOR, BEARDSTOWN, ILLINOIS. completed not later than December 31, 2005: With respect to a water resources project the (a) IN GENERAL.—The project for naviga- (1) DES MOINES/RACCOON RIVERS, IOWA.— primary purpose of which is ecosystem res- tion, Muscooten Bay, Illinois River, The project for flood damage reduction, Des toration, an overriding reason for selecting a Beardstown Community Boat Harbor, Moines/Raccoon Rivers, Iowa, at a total cost plan other than the plan that maximizes net Beardstown, Illinois, constructed under sec- of $10,000,000, with an estimated Federal cost national ecosystem restoration benefits may tion 107 of the River and Harbor Act of 1960 of $6,500,000 and an estimated non-Federal be if the Secretary determines, and the non- (33 U.S.C. 577), is modified— cost of $3,500,000. Federal interest concurs, that an alternative (1) to include the channel between the har- (2) PORT OF IBERIA, LOUISIANA.—The project plan is feasible and achieves the project pur- bor and the Illinois River; and for navigation, Port of Iberia, Louisiana, at poses while providing greater economic de- (2) to direct the Secretary to enter into a a total cost of $194,000,000, with an estimated velopment benefits. partnership agreement with the city of Federal cost of $123,000,000 and an estimated Page 110, after line 20, insert the following: Beardstown to replace the local cooperation non-Federal cost of $71,000,000. SECTION 2041. SUPPORT OF ARMY CIVIL WORKS agreement dated August 18, 1983, with the (3) RARITAN AND SANDY HOOK BAYS, UNION PROGRAM. Beardstown Community Park District. BEACH, NEW JERSEY.—The project for hurri- (a) IN GENERAL.—Notwithstanding section (b) TERMS OF PARTNERSHIP AGREEMENT.— cane and storm damage reduction, Raritan 2361 of title 10, United States Code, the Sec- The partnership agreement referred to in and Sandy Hook Bays, Union Beach, New retary is authorized to provide assistance subsection (a) shall include the same rights Jersey, at a total cost of $99,095,000, with an through contracts, cooperative agreements, and responsibilities as the local cooperation estimated Federal cost of $64,412,000 and an and grants to— agreement dated August 18, 1983, changing estimated non-Federal cost of $34,683,000. (1) the University of Tennessee, Knoxville, only the identity of the non-Federal sponsor. (4) HOCKING RIVER, MONDAY CREEK SUB- Tennessee, for establishment and operation Page 134, line 23, strike ‘‘(b)’’ and insert BASIN, OHIO.—The project for environmental of the Southeastern Water Resources Insti- ‘‘(c)’’. restoration, Hocking River, Monday Creek tute to study sustainable development and Page 159, strike section 3093 and insert the Sub-basin, Ohio, at a total cost of $20,000,000, utilization of water resources in the south- following: with an estimated Federal cost of $17,000,000 eastern United States; SEC. 3093. ORCHARD BEACH, BRONX, NEW YORK. and an estimated non-Federal cost of (2) Lewis and Clark Community College, Il- Section 554 of the Water Resources Devel- $3,000,000. linois, for the Great Rivers National Re- opment Act of 1996 (110 Stat. 3781) is amended (5) PAWLEY’S ISLAND, SOUTH CAROLINA.—The search and Education Center (including fa- by striking ‘‘maximum Federal cost of project for hurricane and storm damage re- cilities that have been or will be constructed $5,200,000’’ and inserting ‘‘total cost of duction, Pawley’s Island, South Carolina, at at one or more locations in the vicinity of $20,000,000’’. a total cost of $8,813,000, with an estimated the confluence of the Illinois River, the Mis- Page 190, after line 8, insert the following Federal cost of $4,133,000 and an estimated souri River, and the Mississippi River), a col- (and redesignate subsequent subsections ac- non-Federal cost of $4,680,000. laborative effort of Lewis and Clark Commu- cordingly):

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.045 H14PT1 H5864 CONGRESSIONAL RECORD — HOUSE July 14, 2005

(c) CALCASIEU SHIP CHANNEL, LOUISIANA.— SEC. 4073. SHORE PARKWAY GREENWAY, BROOK- quehanna River Basin Commission to pro- (1) IN GENERAL.—At such time as Pujo LYN, NEW YORK. vide temporary water supply and conserva- Heirs and Westland Corporation conveys all The Secretary shall conduct a study of the tion storage at Corps of Engineers facilities right, title, and interest in and to the real feasibility of carrying out a project for in the Susquehanna River Basin during any property described in paragraph (2)(A) to the shoreline protection in the vicinity of the period in which the Commission has deter- United States, the Secretary shall convey all confluence of the Narrows and Gravesend mined that a drought warning or drought right, title, and interest of the United States Bay, Upper New York Bay, Shore Parkway emergency exists. The agreement shall pro- in and to the real property described in para- Greenway, Brooklyn, New York. vide that the cost for any such water supply graph (2)(B) to Pujo Heirs and Westland Cor- Page 233, after line 4, insert the following and conservation storage shall not exceed poration. (and redesignate subsequent sections accord- the incremental operating costs associated ingly): (2) LAND DESCRIPTION.—The parcels of land with providing the storage. referred to in paragraph (1) are the following: SEC. 4105. JOHNSON CREEK, ARLINGTON, TEXAS. Page 252, after line 3, insert the following EEVALUATION OF NVIRONMENTAL ES (A) NON-FEDERAL LAND.—An equivalent (a) R E R - (and redesignate subsequent sections accord- area to the real property described in sub- TORATION FEATURES.—The Secretary shall re- ingly): paragraph (B). The parcels that may be ex- evaluate the project for flood damage reduc- SEC. 5021. REHABILITATION. changed include Tract 128E, Tract 129E, tion, environmental restoration, and recre- The Secretary, at Federal expense and not Tract 131E, Tract 41A, Tract 42, Tract 132E, ation, authorized by section 101(b)(14) of the to exceed $1,000,000, shall rehabilitate and Tract 130E, Tract 134E, Tract 133E-3, Tract Water Resources Development Act of 1999 improve the water-related infrastructure and (113 Stat. 280), to develop alternatives to the 140E, or some combination thereof. the transportation infrastructure for the his- separable environmental restoration element (B) FEDERAL LAND.—An area in Cameron toric property in the Anacostia River Water- of the project. Parish, Louisiana, known as portions of Gov- shed located in the District of Columbia, in- (b) STUDY OF ADDITIONAL FLOOD DAMAGE ernment Tract Numbers 139E–2 and 48 (both cluding measures to address wet weather REDUCTION MEASURES.—The Secretary shall conditions. To carry out this section, the tracts on the west shore of the Calcasieu conduct a study to determine the feasibility Secretary shall accept funds provided for Ship Channel), and known as Corps of Engi- of additional flood damage reduction meas- such project under any other Federal pro- neers Dredge Material Placement Area O. ures and erosion control measures within the gram. (3) CONDITIONS.—The exchange of real prop- boundaries of the project referred to in sub- erty under paragraph (1) shall be subject to section (a). SEC. 5022. RESEARCH AND DEVELOPMENT PRO- GRAM FOR COLUMBIA AND SNAKE the following conditions: (c) PLANS AND DESIGNS.—In conducting the RIVER SALMON SURVIVAL. (A) DEEDS.— studies referred to in subsections (a) and (b), Section 511 of the Water Resources Devel- (i) NON-FEDERAL LAND.—The conveyance of the Secretary shall review plans and designs opment Act of 1996 (16 U.S.C. 3301 note; 110 the real property described in paragraph developed by non-Federal interests and shall Stat. 3761; 113 Stat. 375) is amended— (2)(A) to the Secretary shall be by a war- use such plans and designs to the extent that (1) in subsection (a)(6) by striking ranty deed acceptable to the Secretary. the Secretary determines that such plans ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’; and (ii) FEDERAL LAND.—The conveyance of the and designs are consistent with Federal (2) in subsection (c)(2) by striking real property described in paragraph (2)(B) to standards. ‘‘$1,000,000’’ and inserting ‘‘$10,000,000’’. Pujo Heirs and Westland Corporation shall (d) CREDIT TOWARD FEDERAL SHARE.—If an be by quitclaim deed. alternative environmental restoration ele- SEC. 5023. WAGE SURVEYS. (B) TIME LIMIT FOR EXCHANGE.—The land ment is authorized by law, the Secretary Employees of the United States Army exchange under paragraph (1) shall be com- shall credit toward the Federal share of the Corps of Engineers who are paid wages deter- pleted not later than 1 year after the date of cost of that project the costs incurred by the mined under the last undesignated paragraph enactment of this Act. Secretary to carry out the separable envi- under the heading ‘‘Administrative Provi- (4) VALUE OF PROPERTIES.—If the appraised ronmental restoration element of the project sions’’ of chapter V of the Supplemental Ap- fair market value, as determined by the Sec- referred to in subsection (a). The non-Fed- propriations Act, 1982 (5 U.S.C. 5343 note; 96 retary, of the real property conveyed to Pujo eral interest shall not be responsible for re- Stat. 832) shall be allowed, through appro- Heirs and Westland Corporation by the Sec- imbursing the Secretary for any amount priate employee organization representa- retary under paragraph (1) exceeds the ap- credited under this subsection. tives, to participate in wage surveys under praised fair market value, as determined by (e) CREDIT TOWARD THE NON-FEDERAL such paragraph to the same extent as are the Secretary, of the real property conveyed SHARE.—The Secretary shall credit toward prevailing rate employees under subsection to the United States by Pujo Heirs and the non-Federal share of the cost of the stud- (c)(2) of section 5343 of title 5, United States Westland Corporation under paragraph (1), ies under subsections (a) and (b), and the Code. Nothing in such section 5343 shall be Pujo Heirs and Westland Corporation shall cost of any project carried out as a result of considered to affect which agencies are to be make a payment to the United States equal such studies the cost of work carried out by surveyed under such paragraph. to the excess in cash or a cash equivalent the non-Federal interest. Page 253, after line 25, insert the following that is satisfactory to the Secretary. Page 238, strike line 9 and redesignate sub- (and redesignate subsequent sections accord- sequent paragraphs accordingly. ingly): Page 201, after line 24, insert the following Page 241, strike lines 4 through 10 and in- SEC. 5026. FIRE ISLAND, ALASKA. (and redesignate subsequent sections accord- sert the following: (a) IN GENERAL.—The Secretary is author- ingly): (c) FERN RIDGE DAM, OREGON.— ized to provide planning, design, and con- SEC. 4005. DELAWARE RIVER. (1) IN GENERAL.—The Secretary shall plan, struction assistance to the non-Federal in- design, and complete emergency corrective terest for the construction of a causeway be- The Secretary shall review, in consultation actions to repair the embankment dam at tween Point Campbell and Fire Island, Alas- with the Delaware River Basin Commission the Fern Ridge Lake project, Oregon. ka, including the beneficial use of dredged and the States of Delaware, Pennsylvania, (2) TREATMENT.—The Secretary may treat material in the construction of the cause- New Jersey, and New York, the report of the work to be carried out under this subsection way. Chief of Engineers on the Delaware River, as a dam safety project, and the cost of the (b) AUTHORIZATION OF APPROPRIATIONS.— published as House Document Numbered 522, work may be recovered in accordance with There is authorized to be appropriated 87th Congress, Second Session, as it relates section 1203 of the Water Resources Develop- $5,000,000 to carry out this section. to the Mid-Delaware River Basin from Wil- ment Act of 1986 (33 U.S.C. 467n; 100 Stat. Page 257, strike lines 6 through 19 (and re- mington to Port Jervis, and any other perti- 4263). designate subsequent sections accordingly). nent reports (including the strategy for reso- Page 242, line 6, strike ‘‘river mile 205 to Page 262, after line 12, insert the following lution of interstate flow management issues river mile 308.4,’’. (and redesignate subsequent sections accord- in the Delaware River Basin dated August Page 243, after line 14, insert the following ingly): 2004 and the National Park Service Lower (and redesignate subsequent quoted para- SEC. 5045. LA–3 DREDGED MATERIAL OCEAN DIS- Delaware River Management Plan (1997– graphs accordingly): POSAL SITE DESIGNATION, CALI- 1999)), with a view to determining whether ‘‘(10) $27,000,000 for the project described in FORNIA. any modifications of recommendations con- subsection (c)(19); The third sentence of section 102(c)(4) of tained in the first report referred to are ad- Page 245, after line 11, insert the following the Marine Protection, Research, and Sanc- visable at the present time, in the interest of (and redesignate subsequent paragraphs ac- tuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is flood damage reduction, ecosystem restora- cordingly): amended by striking ‘‘January 1, 2003’’ and tion, and other related problems. (6) North River, Peabody, Massachusetts, inserting ‘‘January 1, 2007’’. being carried out under section 205 of the SEC. 5046. LANCASTER, CALIFORNIA. Page 213, lines 11 and 12, strike ‘‘services, Section 219(f)(50) of the Water Resources materials, supplies, or other in-kind con- Flood Control Act of 1948 (33 U.S.C. 701s). Page 249, line 19, strike ‘‘The Secretary’’ Development Act of 1992 (114 Stat. 2763A-220) tributions’’ and insert ‘‘in-kind services and and insert the following: is amended— materials’’. ‘‘(1) DELAWARE RIVER.—The Secretary’’. (1) by inserting after ‘‘water’’ the fol- Page 221, after line 20, insert the following Page 250, after line 2, insert the following: lowing: ‘‘and wastewater’’; (and redesignate subsequent sections accord- (2) SUSQUEHANNA RIVER.—The Secretary (2) by striking ‘‘$14,500,000’’ and inserting ingly): may enter into an agreement with the Sus- ‘‘$24,500,000’’.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.016 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5865 SEC. 5047. ONTARIO AND CHINO, CALIFORNIA. the Flood Control Act of 1970 (42 U.S.C. 1962d- SEC. 5065. PROMONTORY POINT, LAKE MICHIGAN, The Secretary shall carry out a project for 5b), a nonprofit entity may serve, with the ILLINOIS. flood damage reduction under section 205 of consent of the affected local government, as In carrying out the project for storm dam- the Flood Control Act of 1948 (33 U.S.C. 701s), a non-Federal interest for a project under- age reduction and shoreline erosion protec- in the vicinity of Ontario and Chino, Cali- taken under this section. tion, Lake Michigan, authorized by section fornia, if the Secretary determines that the (e) COST SHARING.—Before carrying out any 101(a)(12) of the Water Resources Develop- project is feasible. project under this section, the Secretary ment Act of 1996 (110 Stat. 3664), the Sec- Page 263, after line 16, insert the following shall enter into a partnership agreement retary shall reconstruct the Promontory (and redesignate subsequent sections accord- with the non-Federal interest that shall re- Point section consistent with the original ingly): quire the non-Federal interest— limestone step design. Additional costs asso- SEC. 5046. RAYMOND BASIN, SIX BASINS, CHINO (1) to pay 35 percent of the cost of con- ciated with such reconstruction shall be a BASIN, AND SAN GABRIEL BASIN, struction for the project; non-Federal responsibility. The costs of re- CALIFORNIA. construction not consistent with the original (2) to provide any lands, easements, rights- (a) COMPREHENSIVE PLAN.—The Secretary, limestone step design shall be a non-Federal of-way, dredged material disposal areas, and in consultation and coordination with appro- responsibility. priate Federal, State, and local entities, relocations necessary to carry out the project; and SEC. 5066. SOUTHWEST ILLINOIS. shall develop a comprehensive plan for the (a) SOUTHWEST ILLINOIS DEFINED.—In this management of water resources in the Ray- (3) to pay 100 percent of the operation, maintenance, repair, replacement, and reha- section, the term ‘‘Southwest Illinois’’ mond Basin, Six Basins, Chino Basin, and means the counties of Madison, St. Clair, bilitation costs associated with the project. San Gabriel Basin, California. The Secretary Monroe, Randolph, Perry, Franklin, Jack- (f) CREDIT.—The Secretary shall credit to- may carry out activities identified in the son, Union, Alexander, Pulaski, and ward the non-Federal share of the cost of comprehensive plan to demonstrate prac- Williamson, Illinois. construction of a project under this section— ticable alternatives for water resources man- (b) ESTABLISHMENT OF PROGRAM.—The Sec- agement. (1) the value of any lands, easements, retary may establish a program to provide (b) NON-FEDERAL SHARE.— rights-of-way, dredged material disposal environmental assistance to non-Federal in- (1) IN GENERAL.—The non-Federal share of areas, or relocations provided by the non- terests in Southwest Illinois. the cost of activities carried out under this Federal interest for carrying out the project, (c) FORM OF ASSISTANCE.—Assistance under section shall be 35 percent. regardless of the date of acquisition; this section may be in the form of design and (2) CREDIT.—The Secretary shall credit to- (2) funds received from the CALFED Bay- construction assistance for water-related en- ward the non-Federal share of the cost of ac- Delta program; and vironmental infrastructure and resource pro- tivities carried out under this section the (3) the cost of the studies, design, and con- tection and development projects in South- cost of planning, design, and construction struction work carried out by the non-Fed- west Illinois, including projects for waste- work completed by or on behalf of the non- eral interest before the date of execution of water treatment and related facilities, water Federal interests for implementation of a partnership agreement for the project if supply and related facilities, and surface measures under this section. The amount of the Secretary determines that the work is water resource protection and development. such credit shall not exceed the non-Federal integral to the project. (d) OWNERSHIP REQUIREMENT.—The Sec- share of the cost of such activities. (g) AUTHORIZATION OF APPROPRIATIONS.— retary may provide assistance for a project (3) OPERATION AND MAINTENANCE.—The non- There is authorized to be appropriated to under this section only if the project is pub- Federal share of the cost of operation and carry out this section $40,000,000. licly owned. maintenance of any measures constructed Page 270, strike lines 10 through 14 and in- (e) PARTNERSHIP AGREEMENTS.— under this section shall be 100 percent. sert the following: (1) IN GENERAL.—Before providing assist- (c) AUTHORIZATION OF APPROPRIATIONS.— ance under this section, the Secretary shall There is authorized to be appropriated to SEC. 5056. FLORIDA KEYS WATER QUALITY IM- PROVEMENTS. enter into a partnership agreement with a carry out this section $5,000,000. non-Federal interest to provide for design Page 267, after line 2, insert the following Section 109 of the Miscellaneous Appro- priations Act, 2001 (enacted into law by Pub- and construction of the project to be carried (and redesignate subsequent sections accord- out with the assistance. ingly): lic Law 106–554) (114 Stat. 2763A–222) is (2) REQUIREMENTS.—Each partnership SEC. 5049. SAN PABLO BAY, CALIFORNIA, WATER- amended— (1) by adding at the end of subsection (e)(2) agreement entered into under this sub- SHED AND SUISUN MARSH ECO- section shall provide for the following: SYSTEM RESTORATION. the following: (A) PLAN.—Development by the Secretary, (a) SAN PABLO BAY WATERSHED, CALI- Page 270, line 25, strike the final period and in consultation with appropriate Federal and FORNIA.— insert ‘‘; and’’. State officials, of a facilities or resource pro- (1) IN GENERAL.—The Secretary shall com- Page 270, after line 25, insert the following: tection and development plan, including ap- plete work, as expeditiously as possible, on (2) in subsection (f) by striking the ongoing San Pablo Bay watershed, Cali- propriate engineering plans and specifica- ‘‘$100,000,000’’ and inserting ‘‘$100,000,000, of tions. fornia, study to determine the feasibility of which not more than $15,000,000 may be used (B) LEGAL AND INSTITUTIONAL STRUC- opportunities for restoring, preserving and to provide planning, design, and construction protecting the San Pablo Bay watershed. TURES.—Establishment of such legal and in- assistance to the Florida Keys Aqueduct Au- stitutional structures as are necessary to en- (2) REPORT.—Not later than March 31, 2008, thority for a water treatment plant, Florida the Secretary shall submit to Congress a re- sure the effective long-term operation of the City, Florida’’. project by the non-Federal interest. port on the results of the study. Page 274, after line 17, insert the following (b) SUISUN MARSH, CALIFORNIA.—The Sec- (3) COST SHARING.— (and redesignate subsequent subparagraphs (A) IN GENERAL.—The Federal share of the retary shall conduct a comprehensive study accordingly): to determine the feasibility of opportunities project costs under each partnership agree- (D) to ensure aquatic integrity of ment entered into under this subsection for restoring, preserving and protecting the sidechannels and backwaters and their Suisun Marsh, California. shall be 75 percent. The Federal share may connectivity with the mainstem river; (c) SAN PABLO AND SUISUN BAY MARSH WA- be in the form of grants or reimbursements TERSHED CRITICAL RESTORATION PROJECTS.— Page 275, after line 12, insert the following of project costs. (1) IN GENERAL.—The Secretary may par- (and redesignate subsequent subparagraphs (B) CREDIT FOR WORK.—The non-Federal in- ticipate in critical restoration projects that accordingly): terests shall receive credit for the reasonable will produce, consistent with Federal pro- (D) a conveyance study of the Kaskaskia cost of design work on a project completed grams, projects, and activities, immediate River floodplain from Vandalia, Illinois, to by the non-Federal interest before entering and substantial ecosystem restoration, pres- Carlyle Lake to determine the impacts of ex- into a partnership agreement with the Sec- ervation, and protection benefits in the fol- isting and future waterfowl improvements on retary for such project. lowing sub-watersheds of the San Pablo and flood stages, including detailed surveys and (C) CREDIT FOR INTEREST.—In case of a Suisun Bay Marsh watersheds: mapping information to ensure proper hy- delay in the funding of the non-Federal share (A) The tidal areas of the Petaluma River, draulic and hydrological analysis; of a project that is the subject of an agree- Napa-Sonoma Marsh. Page 275, line 22, strike ‘‘Coordinating ment under this section, the non-Federal in- (B) The shoreline of West Contra Costa Council’’ and insert ‘‘Watershed Associa- terest shall receive credit for reasonable in- County. tion’’. terest incurred in providing the non-Federal (C) Novato Creek. Page 277, after line 14, add the following: share of the project’s costs. (D) Suisun Marsh. (6) Other programs that may be developed (D) LAND, EASEMENTS, AND RIGHTS-OF-WAY (E) Gallinas-Miller Creek. by the State of Illinois or the Federal Gov- CREDIT.—The non-Federal interest shall re- (2) TYPES OF ASSISTANCE.—Participation in ernment, or that are carried out by non-prof- ceive credit for land, easements, rights-of- critical restoration projects under this sub- it organizations, to carry out the objectives way, and relocations toward the non-Federal section may include assistance for planning, of the Kaskaskia River Basin Comprehensive share of project costs (including all reason- design, or construction. Plan. able costs associated with obtaining permits (d) NON-FEDERAL INTERESTS.—Notwith- Page 280, strike lines 14 through 20 and in- necessary for the construction, operation, standing the requirements of section 221 of sert the following: and maintenance of the project on publicly

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.016 H14PT1 H5866 CONGRESSIONAL RECORD — HOUSE July 14, 2005 owned or controlled land), but not to exceed SEC. 5116. EAST TENNESSEE. 1970 (42 U.S.C. 1962d-5b(b)), for any project 25 percent of total project costs. (a) EAST TENNESSEE DEFINED.—In this sec- undertaken under this section, a non-Federal (E) OPERATION AND MAINTENANCE.—The tion, the term ‘‘East Tennessee’’ means the interest may include a nonprofit entity with non-Federal share of operation and mainte- counties of Blount, Knox, Loudon, McMinn, the consent of the affected local government. nance costs for projects constructed with as- Monroe, and Sevier, Tennessee. (h) CORPS OF ENGINEERS EXPENSES.—Ten sistance provided under this section shall be (b) ESTABLISHMENT OF PROGRAM.—The Sec- percent of the amounts appropriated to carry 100 percent. retary may establish a program to provide out this section may be used by the Corps of (f) APPLICABILITY OF OTHER FEDERAL AND environmental assistance to non-Federal in- Engineers district offices to administer STATE LAWS.—Nothing in this section terests in East Tennessee. projects under this section at 100 percent waives, limits, or otherwise affects the appli- (c) FORM OF ASSISTANCE.—Assistance under Federal expense. cability of any provision of Federal or State this section may be in the form of design and (i) AUTHORIZATION OF APPROPRIATIONS.— law that would otherwise apply to a project construction assistance for water-related en- There is authorized to be appropriated to to be carried out with assistance provided vironmental infrastructure and resource pro- carry out this section $40,000,000. Such sums under this section. tection and development projects in East shall remain available until expended. (g) NONPROFIT ENTITIES.—Notwithstanding Tennessee, including projects for wastewater Page 314, line 3, strike ‘‘$5,000,000’’ and in- section 221(b) of the Flood Control Act of treatment and related facilities, water sup- sert ‘‘$10,000,000’’. 1970 (42 U.S.C. 1962d-5b(b)), for any project ply and related facilities, environmental res- Page 314, after line 3, insert the following undertaken under this section, a non-Federal toration, and surface water resource protec- (and redesignate subsequent sections accord- interest may include a nonprofit entity. tion and development. ingly): (d) OWNERSHIP REQUIREMENT.—The Sec- (h) CORPS OF ENGINEERS EXPENSES.—Ten SEC. 5122. DALLAS COUNTY REGION, TEXAS. percent of the amounts appropriated to carry retary may provide assistance for a project (a) DALLAS COUNTY REGION DEFINED.—In out this section may be used by the Corps of under this section only if the project is pub- this section, the term ‘‘Dallas County re- Engineers district offices to administer licly owned. gion’’ means the city of Dallas, and the mu- (e) PARTNERSHIP AGREEMENTS.— projects under this section at 100 percent nicipalities of DeSoto, Duncanville, Lan- (1) IN GENERAL.—Before providing assist- Federal expense. caster, Wilmer, Hutchins, Balch Springs, ance under this section, the Secretary shall (i) AUTHORIZATION OF APPROPRIATIONS.— Cedar Hill, Glenn Heights, and Ferris, Texas. enter into a partnership agreement with a There is authorized to be appropriated to (b) ESTABLISHMENT OF PROGRAM.—The Sec- non-Federal interest to provide for design carry out this section $40,000,000. Such sums retary may establish a program to provide and construction of the project to be carried shall remain available until expended. environmental assistance to non-Federal in- out with the assistance. Page 287, after line 11, insert the following terests in the Dallas County region. (2) REQUIREMENTS.—Each partnership (c) FORM OF ASSISTANCE.—Assistance under (and redesignate subsequent sections accord- agreement entered into under this sub- this section may be in the form of design and ingly): section shall provide for the following: construction assistance for water-related en- SEC. 5080. LAKE PONTCHARTRAIN, LOUISIANA. (A) PLAN.—Development by the Secretary, vironmental infrastructure and resource pro- For purposes of carrying out section 121 of in consultation with appropriate Federal and tection and development projects in the Dal- the Federal Water Pollution Control Act (33 State officials, of a facilities or resource pro- las County region, including projects for U.S.C. 1271), the Lake Pontchartrain, Lou- tection and development plan, including ap- wastewater treatment and related facilities, isiana, basin stakeholders conference con- propriate engineering plans and specifica- water supply and related facilities, environ- vened by the Environmental Protection tions. mental restoration, and surface water re- Agency, National Oceanic and Atmospheric (B) LEGAL AND INSTITUTIONAL STRUC- source protection and development. Administration, and United States Geologi- TURES.—Establishment of such legal and in- (d) OWNERSHIP REQUIREMENT.—The Sec- cal Survey on February 25, 2002, shall be stitutional structures as are necessary to en- retary may provide assistance for a project treated as being a management conference sure the effective long-term operation of the under this section only if the project is pub- convened under section 320 of such Act (33 project by the non-Federal interest. licly owned. U.S.C. 1330). (3) COST SHARING.— (e) PARTNERSHIP AGREEMENTS.— Page 287, after line 12, insert the following: (A) IN GENERAL.—The Federal share of the (1) IN GENERAL.—Before providing assist- (a) MODIFICATION OF STUDY.—The study for project cost under each partnership agree- ance under this section, the Secretary shall waterfront and riverine preservation, res- ment entered into under this subsection enter into a partnership agreement with a toration, and enhancement, Mississippi shall be 75 percent. The Federal share may non-Federal interest to provide for design River, West Baton Rouge Parish, Louisiana, be in the form of grants or reimbursements and construction of the project to be carried being carried out under Committee Resolu- of project costs. out with the assistance. tion 2570 of the Committee on Transpor- (B) CREDIT FOR WORK.—The non-Federal in- (2) REQUIREMENTS.—Each partnership tation and Infrastructure of the House of terests shall receive credit for the reasonable agreement entered into under this sub- Representatives adopted July 23, 1998, is cost of design work on a project completed section shall provide for the following: modified— by the non-Federal interest before entering (A) PLAN.—Development by the Secretary, (1) to add West Feliciana Parish and East into a partnership agreement with the Sec- in consultation with appropriate Federal and Baton Rouge Parish to the geographic scope retary for such project. State officials, of a facilities or resource pro- of the study; and (C) CREDIT FOR INTEREST.—In case of a tection and development plan, including ap- (2) to direct the Secretary to credit toward delay in the funding of the non-Federal share propriate engineering plans and specifica- the non-Federal share the cost of the study of a project that is the subject of an agree- tions. and the non-Federal share of the cost of any ment under this section, the non-Federal in- (B) LEGAL AND INSTITUTIONAL STRUC- project authorized by law as a result of the terest shall receive credit for reasonable in- TURES.—Establishment of such legal and in- study the cost of work carried out by the terest incurred in providing the non-Federal stitutional structures as are necessary to en- non-Federal interest before the date of the share of the project cost. sure the effective long-term operation of the partnership agreement for the project if the (D) LAND, EASEMENTS, AND RIGHTS-OF-WAY project by the non-Federal interest. Secretary determines that the work is inte- CREDIT.—The non-Federal interest shall re- (3) COST SHARING.— gral to the study or project, as the case may ceive credit for land, easements, rights-of- (A) IN GENERAL.—The Federal share of the be. way, and relocations toward the non-Federal project costs under each partnership agree- Page 287, line 13, before ‘‘Section’’ insert share of project cost (including all reason- ment entered into under this subsection ‘‘(b) EXPEDITED CONSIDERATION.—’’. able costs associated with obtaining permits shall be 75 percent. The Federal share may Page 287, lines 15 and 16, strike ‘‘Parish’’ necessary for the construction, operation, be in the form of grants or reimbursements and insert ‘‘, West Feliciana, and East Baton and maintenance of the project on publicly of project costs. Rouge Parishes’’. owned or controlled land), but not to exceed (B) CREDIT FOR WORK.—The non-Federal in- Page 287, line 17, after the second comma 25 percent of total project cost. terests shall receive credit for the reasonable insert ‘‘and’’. (E) OPERATION AND MAINTENANCE.—The cost of design work on a project completed Page 287, lines 17 and 18, strike ‘‘, and in- non-Federal share of operation and mainte- by the non-Federal interest before entering terpretive center development’’. nance costs for projects constructed with as- into a partnership agreement with the Sec- Page 306, after line 4, insert the following sistance provided under this section shall be retary for such project. (and redesignate subsequent sections accord- 100 percent. (C) CREDIT FOR INTEREST.—In case of a ingly): (f) APPLICABILITY OF OTHER FEDERAL AND delay in the funding of the non-Federal share SEC. 5111. CLINTON COUNTY, PENNSYLVANIA. STATE LAWS.—Nothing in this section of a project that is the subject of an agree- Section 219(f)(13) of the Water Resources waives, limits, or otherwise affects the appli- ment under this section, the non-Federal in- Development Act of 1992 (113 Stat. 335) is cability of any provision of Federal or State terest shall receive credit for reasonable in- amended by striking ‘‘$1,000,000’’ and insert- law that would otherwise apply to a project terest incurred in providing the non-Federal ing ‘‘$2,000,000’’. to be carried out with assistance provided share of the project’s costs. Page 309, after line 24, insert the following under this section. (D) LAND, EASEMENTS, AND RIGHTS-OF-WAY (and redesignate subsequent sections accord- (g) NONPROFIT ENTITIES.—Notwithstanding CREDIT.—The non-Federal interest shall re- ingly): section 221(b) of the Flood Control Act of ceive credit for land, easements, rights-of-

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.016 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5867

way, and relocations toward the non-Federal ‘‘(79) BRAWLEY COLONIA, IMPERIAL COUNTY, Jessamine, Boyle, Lincoln, Garrard, Madi- share of project costs (including all reason- CALIFORNIA.—$1,400,000 for water infrastruc- son, Estill, Powell, Clark, Montgomery, and able costs associated with obtaining permits ture to improve water quality in the Brawley Bourbon Counties, Kentucky. necessary for the construction, operation, Colonia Water District, Imperial County, ‘‘(100) PLAQUEMINE, LOUISIANA.—$7,000,000 and maintenance of the project on publicly California. for sanitary sewer and wastewater infra- owned or controlled land), but such credit ‘‘(80) CONTRA COSTA WATER DISTRICT, CALI- structure, Plaquemine, Louisiana. may not exceed 25 percent of total project FORNIA.—$23,000,000 for water and wastewater ‘‘(101) CITY OF BILOXI, CITY OF GULFPORT, costs. infrastructure for the Contra Costa Water AND HARRISON COUNTY, MISSISSIPPI.— (E) OPERATION AND MAINTENANCE.—The District, California. $15,000,000 for water and wastewater related non-Federal share of operation and mainte- ‘‘(81) EAST BAY, SAN FRANCISCO, AND SANTA infrastructure, city of Biloxi, city of Gulf- nance costs for projects constructed with as- CLARA AREAS, CALIFORNIA.—$4,000,000 for a de- port, and Harrison County, Mississippi. sistance provided under this section shall be salination project to serve the East Bay, San ‘‘(102) CLARK COUNTY, NEVADA.—$30,000,000 100 percent. Francisco, and Santa Clara areas, California. for wastewater infrastructure, Clark County, (f) APPLICABILITY OF OTHER FEDERAL AND ‘‘(82) IMPERIAL COUNTY, CALIFORNIA.— Nevada. STATE LAWS.—Nothing in this section $10,000,000 for wastewater infrastructure, in- ‘‘(103) HENDERSON, NEVADA.—$5,000,000 for waives, limits, or otherwise affects the appli- cluding a wastewater disinfection facility wastewater infrastructure, Henderson, Ne- cability of any provision of Federal or State and polishing system, to improve water qual- vada. law that would otherwise apply to a project ity in the vicinity of Calexico, California, on ‘‘(104) PATERSON, NEW JERSEY.—$35,000,000 to be carried out with assistance provided the southern New River, Imperial County, for wastewater infrastructure, Paterson, under this section. California. New Jersey. (g) NONPROFIT ENTITIES.—Notwithstanding ‘‘(83) RICHMOND, CALIFORNIA.—$25,000,000 for ‘‘(105) SENNETT, NEW YORK.—$1,500,000 for section 221(b) of the Flood Control Act of a recycled water treatment facility, Rich- water infrastructure, Town of Sennett, New 1970 (42 U.S.C. 1962d-5b(b)), for any project mond, California. York. undertaken under this section, a non-Federal ‘‘(84) SANTA CLARA COUNTY, CALIFORNIA.— ‘‘(106) SPRINGPORT AND FLEMING, NEW interest may include a nonprofit entity. $5,500,000 for an advanced recycling water YORK.—$10,000,000 for water related infra- (h) CORPS OF ENGINEERS EXPENSES.—Ten treatment plant in Santa Clara County, Cali- percent of the amounts appropriated to carry fornia. structure, including water mains, pump sta- out this section may be used by the Corps of tions, and water storage tanks, Springport ‘‘(85) SOUTHERN LOS ANGELES COUNTY, CALI- Engineers district offices to administer and Fleming, New York. FORNIA.—$15,000,000 for environmental infra- projects under this section at 100 percent structure for the groundwater basin optimi- ‘‘(107) CABARRUS COUNTY, NORTH CARO- Federal expense. zation pipeline, Southern Los Angeles Coun- LINA.—$4,500,000 for water related infrastruc- (i) AUTHORIZATION OF APPROPRIATIONS.— ture, Cabarrus County, North Carolina. There is authorized to be appropriated to ty, California. ‘‘(86) SWEETWATER RESERVOIR, SAN DIEGO ‘‘(108) RICHMOND COUNTY, NORTH CARO- carry out this section $40,000,000. Such sums LINA.—$8,000,000 for water related infrastruc- shall remain available until expended. COUNTY, CALIFORNIA.—$375,000 to improve water quality, and remove nonnative aquatic ture, Richmond County, North Carolina. Page 325, strike lines 22 through 25 and in- ‘‘(109) UNION COUNTY, NORTH CAROLINA.— sert the following: species from the Sweetwater Reservoir, San Diego County, California. $6,000,000 for wastewater infrastructure, ‘‘(9) BUFFALO BAYOU, TEXAS.—A project for Union County, North Carolina. flood control, Buffalo Bayou, Texas, to pro- ‘‘(87) WHITTIER, CALIFORNIA.—$8,000,000 for ‘‘(110) LAKE COUNTY, OHIO.—$1,500,000 for vide an alternative to the project authorized water, wastewater, and water related infra- structure, Whittier, California. wastewater infrastructure, Lake County, by the first section of the River and Harbor Ohio. Act of June 20, 1938 (52 Stat. 804) and modi- ‘‘(88) MONTEZUMA AND LA PLATA COUNTIES, ‘‘(111) MENTOR-ON-LAKE, OHIO.—$625,000 for fied by section 3a of the Flood Control Act of COLORADO.—$1,000,000 for water and waste- water and wastewater infrastructure, Men- August 11, 1939 (53 Stat. 1414). water related infrastructure for the Ute tor-on-Lake, Ohio. ‘‘(10) HALLS BAYOU, TEXAS.—A project for Mountain project, Montezuma and La Plata ‘‘(112) WILLOWICK, OHIO.—$665,000 for water flood control, Halls Bayou, Texas, to provide Counties, Colorado. and wastewater infrastructure, Willowick, an alternative to the project for flood con- ‘‘(89) PUEBLO AND OTERO COUNTIES, COLO- Ohio. trol, Buffalo Bayou and tributaries, Texas, RADO.—$34,000,000 for water transmission in- ‘‘(113) ALBANY, OREGON.—$35,000,000 for authorized by section 101(a)(21) of the Water frastructure, Pueblo and Otero Counties, wastewater infrastructure to improve water Resources Development Act of 1990 (104 Stat. Colorado. quality, Albany, Oregon. 4610). ‘‘(90) LEDYARD AND MONTVILLE, CON- Page 327, after line 9, insert the following: NECTICUT.—$7,113,000 for water infrastruc- ‘‘(114) BOROUGH OF STOCKERTON, BOROUGH OF TATAMY, AND PALMER TOWNSHIP, PENNSYL- SEC. 5140. ADDITIONAL ASSISTANCE FOR CRIT- ture, Ledyard and Montville, Connecticut. ICAL PROJECTS. ‘‘(91) ANACOSTIA RIVER, DISTRICT OF COLUM- VANIA.—$10,000,000 for stormwater control Section 219(f) of the Water Resources De- BIA AND MARYLAND.—$20,000,000 for environ- measures, particularly to address sinkholes, velopment Act of 1992 (106 Stat. 4835; 113 mental infrastructure and resource protec- in the vicinity of the Borough of Stockerton, Stat. 335–337; 114 Stat. 2763A–220–221) is tion and development to enhance water qual- the Borough of Tatamy, and Palmer Town- amended— ity and living resources in the Anacostia ship, Pennsylvania. (1) by striking the undesignated paragraph River watershed, District of Columbia and ‘‘(115) HATFIELD BOROUGH, PENNSYLVANIA.— relating to Charleston, South Carolina, and Maryland. $310,000 for wastewater related infrastructure inserting the following: ‘‘(92) WASHINGTON, DISTRICT OF COLUMBIA.— for Hatfield Borough, Pennsylvania. ‘‘(72) CHARLESTON, SOUTH CAROLINA.— $35,000,000 for implementation of a combined ‘‘(116) LEHIGH COUNTY, PENNSYLVANIA.— $20,000,000 for wastewater infrastructure, in- sewer overflow long-term control plan, $5,000,000 for stormwater control measures cluding wastewater collection systems, and Washington, District of Columbia. and storm sewer improvements, Lehigh stormwater system improvements, Charles- ‘‘(93) CHARLOTTE COUNTY, FLORIDA.— County, Pennsylvania. ton, South Carolina.’’; $3,000,000 for water supply infrastructure, ‘‘(117) NORTH WALES BOROUGH, PENNSYL- (2) by redesignating the paragraph (71) re- Charlotte County, Florida. VANIA.—$1,516,584 for wastewater related in- lating to Placer and El Dorado Counties, ‘‘(94) CHARLOTTE, LEE, AND COLLIER COUN- frastructure for North Wales Borough, Penn- California, as paragraph (73); TIES, FLORIDA.—$20,000,000 for water supply sylvania. (3) by redesignating the paragraph (72) re- interconnectivity infrastructure, Charlotte, ‘‘(118) PEN ARGYL, PENNSYLVANIA.— lating to Lassen, Plumas, Butte, Sierra, and Lee, and Collier Counties, Florida. $5,250,000 for wastewater infrastructure, Pen Nevada Counties, California, as paragraph ‘‘(95) COLLIER COUNTY, FLORIDA.—$5,000,000 Argyl, Pennsylvania. (74); for water infrastructure to improve water ‘‘(119) PHILADELPHIA, PENNSYLVANIA.— (4) by striking the paragraph (71) relating quality in the vicinity of the Gordon River, $1,600,000 for wastewater related infrastruc- to Indianapolis, Indiana, and inserting the Collier County, Florida. ture for Philadelphia, Pennsylvania. following: ‘‘(96) JACKSONVILLE, FLORIDA.—$25,000,000 ‘‘(120) VERA CRUZ, PENNSYLVANIA.— ‘‘(75) INDIANAPOLIS, INDIANA.—$6,430,000 for for wastewater related infrastructure, in- $5,500,000 for wastewater infrastructure, Vera environmental infrastructure for Indianap- cluding septic tank replacements, Jackson- Cruz, Pennsylvania. olis, Indiana.’’; ville, Florida. ‘‘(121) COMMONWEALTH OF PUERTO RICO.— (5) by redesignating the paragraph (73) re- ‘‘(97) NORTH VERNON AND BUTLERVILLE, INDI- $35,000,000 for water and wastewater infra- lating to St. Croix Falls, Wisconsin, as para- ANA.—$1,700,000 for wastewater infrastruc- structure in the Commonwealth of Puerto graph (76); and ture, North Vernon and Butlerville, Indiana. Rico. (6) by adding at the end the following: ‘‘(98) SALEM, WASHINGTON COUNTY, INDI- ‘‘(122) CROSS, SOUTH CAROLINA.—$2,000,000 ‘‘(77) ST. CLAIR COUNTY, ALABAMA.— ANA.—$3,200,000 for water supply infrastruc- for water related environmental infrastruc- $5,000,000 for water related infrastructure, ture, Salem, Washington County, Indiana. ture, Cross, South Carolina. St. Clair County, Alabama. ‘‘(99) CENTRAL KENTUCKY.—$10,000,000 for ‘‘(123) MYRTLE BEACH, SOUTH CAROLINA.— ‘‘(78) CRAWFORD COUNTY, ARKANSAS.— water related infrastructure and resource $6,000,000 for environmental infrastructure, $35,000,000 for water supply infrastructure, protection and development, Scott, Frank- including ocean outfalls, Myrtle Beach, Crawford County, Arkansas. lin, Woodford, Anderson, Fayette, Mercer, South Carolina.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.016 H14PT1 H5868 CONGRESSIONAL RECORD — HOUSE July 14, 2005 ‘‘(124) NORTH MYRTLE BEACH, SOUTH CARO- ture on Crooked Creek, Marlboro County, within these constraints we did the LINA.—$6,000,000 for environmental infra- South Carolina. best to meet the needs of all commu- structure, including ocean outfalls, North ‘‘(145) CENTRAL TEXAS.—$20,000,000 for nities. I urge all Members to support Myrtle Beach, South Carolina. water and wastewater infrastructure in this amendment. ‘‘(125) SURFSIDE, SOUTH CAROLINA.— Bosque, Brazos, Burleson, Grimes, Hill, Mr. Chairman, I reserve the balance Hood, Johnson, Madison, McLennan, Lime- $6,000,000 for environmental infrastructure, of my time. including stormwater system improvements stone, Robertson, and Somervell Counties, Ms. EDDIE BERNICE JOHNSON of and ocean outfalls, Surfside, South Carolina. Texas. ‘‘(126) ATHENS, TENNESSEE.—$16,000,000 for ‘‘(146) EL PASO COUNTY, TEXAS.—$25,000,000 Texas. Mr. Chairman, I ask unanimous wastewater infrastructure, Athens, Ten- for water related infrastructure and resource consent to control the time in opposi- nessee. protection and development, El Paso County, tion to this amendment, although I am ‘‘(127) DUCHESNE, IRON, AND UINTAH COUN- Texas. not opposed to the amendment. TIES, UTAH.—$10,800,000 for water related in- ‘‘(147) NORTHERN WEST VIRGINIA.—$20,000,000 The Acting CHAIRMAN. Without ob- frastructure, Duchesne, Iron, and Uintah for water and wastewater infrastructure in jection, the gentlewoman from Texas is Counties, Utah. Hancock, Ohio, Marshall, Wetzel, Tyler, recognized for 5 minutes. ‘‘(128) MONROE, NORTH CAROLINA.— Pleasants, Wood, Doddridge, Monongalia, There was no objection. $11,500,000 for water related infrastructure, Marion, Harrison, Taylor, Barbour, Preston, Ms. EDDIE BERNICE JOHNSON of including water supply reservoir dredging, Tucker, Mineral, Grant, Gilmer, Brooke, Texas. Mr. Chairman, I yield myself Monroe, North Carolina. Ritchie Counties, West Virginia.’’. Page 329, line 19, strike the closing such time as I may consume, and I rise ‘‘(129) CHARLOTTE, NORTH CAROLINA.— to support the amendment offered by $5,000,000 for phase II of the Briar Creek quotation marks and the final period and in- wastewater project, Charlotte, North Caro- sert the following: the gentleman from Tennessee (Mr. lina. ‘‘(4) PROJECT SUBJECT TO A FINAL REPORT.— DUNCAN). This amendment is a bipar- ‘‘(130) LOS ANGELES COUNTY, CALIFORNIA.— The following project for water resources de- tisan amendment addressing technical $3,000,000 for wastewater and water related velopment and conservation and other pur- changes and modifications that have infrastructure, Diamond Bar, La Habra poses is authorized to be carried out by the come to the attention of the sub- Heights, and Rowland Heights, Los Angeles Secretary substantially in accordance with a committee since the bill was consid- County, California. final report of the Chief of Engineers: ered at markup time. ‘‘(A) PICAYUNE STRAND, FLORIDA.—The ‘‘(131) ORANGE COUNTY, CALIFORNIA.— The manager’s amendment also con- $15,000,000 for wastewater and water related project for environmental restoration, Pica- yune Strand, Florida, at a total cost of tains a few new items, including the infrastructure, Anaheim, Brea, La Habra, contingent authorization of five addi- Mission Viejo, Rancho Santa Margarita, and $349,422,000, with an estimated Federal cost Yorba Linda, Orange County, California. of $174,711,000 and an estimated non-Federal tional large-scale projects, provided ‘‘(132) SAN BERNADINO COUNTY, CALI- cost of $174,711,000, if a favorable report of that a favorable report of the chief of FORNIA.—$9,000,000 for wastewater and water the Chief is completed not later than Decem- engineers is completed by the end of related infrastructure, Chino and Chino ber 31, 2005.’’. 2005. Hills, San Bernadino County, California. Page 355, line 6, strike ‘‘this subsection’’ These five projects are a project for ‘‘(133) FAYETTEVILLE, GRANTVILLE, LA- and insert ‘‘this title’’. flood damage reduction along the Des Conform the table of contents of the bill GRANGE, PINE MOUNTAIN (HARRIS COUNTY), Moines and Raccoon rivers in Iowa; a accordingly. DOUGLASVILLE, AND CARROLLTON, GEORGIA.— project of navigation for the Port Ibe- $24,500,000 for water and wastewater infra- The Acting CHAIRMAN. Pursuant to ria, Louisiana; a project for hurricane structure, Fayetteville, Grantville, La- House Resolution 346, the gentleman and storm damage reduction, Union Grange, Pine Mountain (Harris County), from Tennessee (Mr. DUNCAN) and a Douglasville, and Carrollton, Georgia. Beach, New Jersey; a project for envi- Member opposed each will control 5 ronmental restoration along the Hock- ‘‘(134) MERIWETHER AND SPALDING COUNTIES, minutes. GEORGIA.—$7,000,000 for water and waste- ing River, Ohio; and a project for hurri- water infrastructure, Meriwether and Spald- The Chair recognizes the gentleman cane and storm damage reduction in ing Counties, Georgia. from Tennessee (Mr. DUNCAN). Pawley’s Island, South Carolina. ‘‘(135) ARCADIA, SIERRA MADRE, AND UPLAND, Mr. DUNCAN. Mr. Chairman, I yield Among the additional new items in CALIFORNIA.—$33,000,000 for water and waste- myself such time as I may consume. the manager’s amendment are author- water infrastructure, Arcadia, Sierra Madre, Mr. Chairman, this en bloc amend- izations for small flood damage reduc- and Upland, California, including $13,000,000 ment makes technical and conforming tion and emergency streambank pro- for stormwater infrastructure for Upland, changes to project-related provisions tection projects in New York State, the California. in the bill and authorizes or modifies ‘‘(136) FT. BEND COUNTY, TEXAS.—$20,000,000 authorization of a transfer of prop- for wastewater infrastructure, Ft. Bend additional projects brought to the com- erties in the State of Louisiana, three County, Texas. mittee’s attention following com- additional Corps of Engineers’ studies, ‘‘(137) NEW RIVER, CALIFORNIA.—$10,000,000 mittee action. and the authorization for the corps to for wastewater infrastructure to improve Specifically, the Corps of Engineers participate in the restoration of the water quality in the New River, California. has informed the committee that six San Pablo Bay watershed in California. ‘‘(138) BIG BEAR AREA REGIONAL WASTE- additional chief’s reports recom- Mr. Chairman, I reserve the balance WATER AGENCY, CALIFORNIA.—$15,000,000 for mending that Congress authorize a of my time. water reclamation and distribution, Big Bear water resources project will be com- Area Regional Wastewater Agency, Cali- Mr. DUNCAN. Mr. Chairman, I yield fornia. pleted by December 31, 2005. 2 minutes to the gentleman from Ne- ‘‘(139) LAKE NACIMIENTO, CALIFORNIA.— The amendment also directs the braska (Mr. OSBORNE), an outstanding $25,000,000 for water supply infrastructure for Corps of Engineers to carry out a num- member of the committee. the communities of Atascadero, Paso Robles, ber of small projects under existing Mr. OSBORNE. Mr. Chairman, I Templeton, and San Luis Obispo, San Luis corps authority to provide flood dam- thank the gentleman for yielding me Obispo County, California. age reduction and emergency this time, and I support the underlying ‘‘(140) OTERO, BENT, CROWLEY, KIOWA, AND streambank protection. bill, which is of great importance to PROWERS COUNTIES, COLORADO.—$35,000,000 for For other projects that have not been U.S. commerce. The upper Mississippi water transmission infrastructure, Otero, studied, the amendment authorizes for Bent, Crowley, Kiowa, and Prowers Counties, and Illinois waterway project con- Colorado. new Corps of Engineers’ projects. The tained in the bill is critical to U.S. ag- ‘‘(141) SAIPAN, NORTHERN MARIANA IS- amendment authorizes one land trans- riculture. LANDS.—$20,000,000 for water related infra- fer for a navigation project. Finally, It is my understanding that an structure, Saipan, Northern Mariana Islands. the amendment authorizes a number of amendment will be offered that will ‘‘(142) STOCKTON, CALIFORNIA.—$33,000,000 activities or programs for water re- cripple the modernization of the lock for water treatment and distribution infra- sources management. and dam system on the Mississippi structure, Stockton, California. This amendment, like the underlying River. Due to an increase in unsched- ‘‘(143) JACKSON, MISSISSIPPI.—$25,000,000 for bill, has been developed in a bipartisan uled maintenance closures, shippers water and wastewater infrastructure, Jack- son, Mississippi. fashion. All projects must be in the have been forced to choose other high- ‘‘(144) CROOKED CREEK, MARLBORO COUNTY, Federal interest and must comply with er-priced modes of transportation for SOUTH CAROLINA.—$25,000,000 for a project for cost-sharing rules. This means not their goods, resulting in less barge water storage and water supply infrastruc- every project could be addressed, but traffic and more cost for producers.

VerDate jul 14 2003 04:23 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.016 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5869 The upper Mississippi and Illinois does is use the best means of transpor- and wastewater related infrastructure. These river system is critically important to tation to get goods like coal, rock are the types of projects that for many years grain producers across the Nation be- quarry goods, corn, and soybeans from had been financed through the Construction cause the price of grain nationwide is New Orleans up to Chicago, or from Grants and State Revolving Loan programs of largely based on the price of grain that Chicago down to New Orleans. the Environmental Protection Agency, the moves on the Mississippi River to our Now, if you want to take that same grant and loan programs of the Rural Utilities export markets. Over 1 billion bushels load up there now without the locks Service of the Department of Agriculture, and of grain, which is about 60 percent of and dams, one load takes 870 tractor- other Federal financial assistance programs. all grain exports, move to export mar- trailer trucks. That is 870 trucks that Unfortunately for communities, this adminis- kets each year via the Mississippi are using diesel fuel. That is 870 trucks tration continues to put forward budget re- River. that are clogging our highways and our quests that cut these vital programs, and this According to the National Corn roads and our bridges. That is 870 House continues to accede to those cuts. Growers Association, the failure to trucks actually destroying or hurting Just last month, this House approved fund- build the seven new 1,200 foot locks will the roadways that we spend a lot of ing for EPA’s State revolving loan fund grants result in a $562 million loss in farm in- money to build. at $850 million. This compares to EPA funding come annually by 2020. Of that amount, So there are a lot of important rea- 18 years ago of nearly $2.4 billion. This 65 $264 million will be lost to exports and sons why the corrections here in this percent cut in funding, is actually 80 percent $316 million will be from lower prices bill are so critical. If we want an envi- when adjusted for inflation. The needs of com- and decreased domestic demand. ronmentally sound policy, we need to munities have not declined, just the willing- In addition to the economic impact support this bill. ness of the Republican majority to help them. on our country’s farmers, shipping b 1300 Where do these communities turn for help? To the Corps of Engineers, America’s premier using waterways is one of the cheapest, Mr. DUNCAN. Mr. Chairman, I yield water resource agency. I know that the Corps safest, and most environmentally 1 minute to the gentleman from Penn- is up to the task of addressing these pressing friendly ways to ship goods. The lock sylvania (Mr. MURPHY), a member of and dam system benefits the environ- the Committee on Transportation and needs; I only hope that the administration and ment by creating backwaters and side Infrastructure. the Congress can find the will to adequately channels that support habitat, recre- Mr. MURPHY. Mr. Chairman, I sup- fund the Nation’s infrastructure needs. ation areas, and municipal water sup- port the amendment under consider- I urge approval of the managers’ amend- plies. The backwaters created by the ation. I also want to say that I am ment. Ms. EDDIE BERNICE JOHNSON of lock and dam system are estimated to pleased to work on language that was Texas. Mr. Chairman, I yield back the support over 40 percent of the migra- included to authorize the Army Corps tory waterfowl and fish breeding balance of my time. to study ways to provide additional The Acting CHAIRMAN (Mr. grounds and are home to over 500 miles flood relief in southwestern Pennsyl- LATHAM). The question is on the of wildlife refuge. vania, particularly the Chartiers Creek amendment offered by the gentleman So I certainly hope we will support watershed. the lock and dam system as part of the from Tennessee (Mr. DUNCAN). Over the years, many flood control The amendment was agreed to. bill. It is a good bill, and I urge sup- projects have been built to minimize The Acting CHAIRMAN. It is now in port. flood damage. However, as Hurricane order to consider amendment No. 2 Ms. EDDIE BERNICE JOHNSON of Frances and Ivan made so clear, exist- printed in House Report 109–160. Texas. Mr. Chairman, I yield 1 minute ing projects are inadequate. Last year’s AMENDMENT NO. 2 OFFERED BY MR. MENENDEZ to the gentleman from Oregon (Mr. floods caused more than $260 million in Mr. MENENDEZ. Mr. Chairman, I BLUMENAUER). damage in Pennsylvania, with Alle- offer an amendment. Mr. BLUMENAUER. Mr. Chairman, I gheny County the unwilling victim of The Acting CHAIRMAN. The Clerk rise in strong support of the manager’s most of it. Towns in my district in- will designate the amendment. amendment, which I think dem- curred an estimated $60 million in dam- The text of the amendment is as fol- onstrates the work that has been done age; floodwaters killed one person and lows: by our ranking member and our Chair damaged more than 30,000 homes and Amendment No. 2 offered by Mr. MENEN- and the staff to be able to work businesses. DEZ: through some of these complex issues. To this day, many of my constituents After section 1001(b)(2) of the bill (as added I especially appreciate the work to in an already depressed area struggle by the manager’s amendment), add the fol- incorporate planning language that to rebuild. Seventeen existing flood lowing (and redesignate subsequent para- will give more flexibility to the corps’ control projects have yet to be repaired graphs accordingly): planning process and starts the con- or restored, and just this week, many (3) HUDSON-RARITAN ESTUARY, LIBERTY versation about updating the principles STATE PARK, NEW JERSEY.—The project for of my local communities met to dis- environmental restoration, Hudson-Raritan and guidelines that are so desperately cuss leftover debris. Our towns cannot Estuary, Liberty State Park, New Jersey, at in need of revision. wait any longer for the projects au- a total cost of $32,000,000, with an estimated I would also at this time, in addition thorized in this bill, and I encourage Federal cost of $20,800,000 and an estimated to thanking our Chair and ranking my colleagues to support the bill. non-Federal cost of $11,200,000. member, acknowledge the hard work of Mr. OBERSTAR. Mr. Chairman, I support The Acting CHAIRMAN. Pursuant to our staff, Susan Bodine and Ken the bipartisan managers’ amendment offered House Resolution 346, the gentleman Kopocis, who have been putting long on behalf of the Committee. from New Jersey (Mr. MENENDEZ) and a hours into producing what I think is This amendment addresses several issues Member opposed each will control 5 very important legislation. I appre- that were brought to the attention of the com- minutes. ciate their cooperation and the mittee following the committee markup of a The Chair recognizes the gentleman progress that it represents. technical or clarifying nature. It also adds six from New Jersey (Mr. MENENDEZ). Mr. DUNCAN. Mr. Chairman, I yield new projects contingent upon the completion Mr. MENENDEZ. Mr. Chairman, I 1 minute to the distinguished gen- of a report of the Chief of Engineers by De- yield myself such time as I may con- tleman from Illinois (Mr. SHIMKUS). cember 31, 2005, These contingent authoriza- sume. (Mr. SHIMKUS asked and was given tions are consistent with the criteria used by (Mr. MENENDEZ asked and was permission to revise and extend his re- the committee in developing water resources given permission to revise and extend marks.) legislation over the past several Congresses. his remarks.) Mr. SHIMKUS. Mr. Chairman, I The managers’ amendment also reflects a Mr. MENENDEZ. Mr. Chairman, I un- think a picture takes the place of a failure of the current administration and the derstand this amendment is going to be thousand words. This is what we get a Congress to address the water and waste- accepted by the committee so I will chance to do with modernizing our lock water infrastructure needs of communities keep my remarks brief. and dams. We take one tow of 15 barges across the Nation. This is an amendment that would au- and we displace 870 tractor-trailer rigs The amendment includes authorization for thorize the Army Corps to perform en- on our Nation’s highways. What this 73 new projects totaling $1.6 billion for water vironmental restoration activities at

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.042 H14PT1 H5870 CONGRESSIONAL RECORD — HOUSE July 14, 2005 Liberty State Park in Jersey City, New Liberty State Park is just one example of Although the Liberty State Park Jersey, provided a favorable report is why the Army Corps is getting a good reputa- project was not on the list of nearly issued by the Chief of Engineers. tion in my district for their environmental pro- completed studies provided earlier by Liberty State Park is one of the tection and restoration work. Their work on the the Corps, we now understand that this crown jewels of the State of New Jer- Lower Passaic River, the Hudson-Raritan Es- report is expected to be completed by sey. It is an oasis in an urban setting tuary, at Minish Park and elsewhere has the the end of this year. Therefore, I have right by the Statute of Liberty and potential to make a major difference in the no objection to the gentleman’s amend- Ellis Island, a gateway to a lot of quality of the land and water throughout New ment to include his project as a contin- America’s history, but at the same Jersey. This bill will help them continue and gent authorization. time there are the remnants of the his- expand their environmental restoration work, Mr. Chairman, I yield back the bal- tory of industrial use in the vast inte- and I appreciate the chairman and ranking ance of my time. rior section of the park which is cur- member including so many projects that are Mr. MENENDEZ. Mr. Chairman, I rently fenced off from the public be- important to my district. yield back the balance of my time. cause of residual contamination. This bill is also about economic growth. The Mr. OBERSTAR. Mr. Chairman, I support There is a restoration plan that ongoing deepening project in New York Har- the amendment of the gentleman from New would return 230 acres of the park to a bor and Newark Bay will ensure that the Jersey, Mr. MENENDEZ to add the environ- state of ecological health. It is vital world’s largest container ships can continue to mental restoration project in Liberty State not only to the people of my State, but dock at the east coast’s largest port. These Park, New Jersey to the list of projects that to literally tens of thousands of Ameri- ships carry far more than just products for can proceed, contingent upon the completion cans who visit the park as a portal to store shelves. They bring jobs and economic of the Chief of Engineers report no later than the Statute of Liberty and Ellis Island. growth, and help fuel an economic engine December 31, 2005. I thank the leadership of the com- whose power is felt up and down the eastern This is a non-controversial amendment, and mittee for working with me to clear up seaboard, and deep into the nation’s heart- would have been included in the Committee some confusion between our district land. amendment had the Corps of Engineers ac- corps office and headquarters, and I There are a number of provisions in this bill knowledged earlier that the report will be fin- commend the leadership of the com- that will be very helpful for the Harbor Deep- ished this year. mittee for putting this bill together. I ening project, particularly in the handling and I commend the gentleman from New Jersey, look forward to working with the com- use of dredged material. The bill includes new Mr. MENENDEZ for his hard work and persist- mittee as we go to conference and as financing tools for non-Federal agencies to ence to ensure that the study for this project the bill is signed into law. stayed on track for completion this year. With- Mr. Chairman, I rise today to offer an create dredged material storage and handling out his efforts, we would not be able to include amendment that would authorize the Army facilities, and expands the allowed beneficial this authorization in this year’s bill. Corps to perform environmental restoration ac- uses of that material to include environmental protection and restoration projects. New Jer- I support the amendment. tivities at Liberty State Park in Jersey City, The Acting CHAIRMAN. The ques- New Jersey, provided a favorable report is sey has thousands of sites—particularly Brownfields sites—that could benefit from this tion is on the amendment offered by issued by the Chief of Engineers. This amend- the gentleman from New Jersey (Mr. ment is very simple and straightforward, and I provision. MENENDEZ). thank the leadership of the committee for Mr. Chairman, this is a good bill, and I com- mend the chairman and ranking member for The amendment was agreed to. working with me as we cleared up some con- The Acting CHAIRMAN. It is now in fusion between our district Corps office and their work on it. I also thank them for their will- ingness to accept this amendment which is so order to consider amendment No. 3 headquarters. printed in House Report 109–160. Liberty State Park is one of the jewels of the important to my district, and look forward to State of New Jersey. A reclaimed rail yard in working with them to move this bill forward AMENDMENT NO. 3 OFFERED BY MR. STUPAK the shadow of Ellis Island and the Statue of through what I hope will be an imminent con- Mr. STUPAK. Mr. Chairman, I offer Liberty, the Park is rich in both history and ference. an amendment. scenic beauty. For over 60 years, the Central Mr. Chairman, I reserve the balance The Acting CHAIRMAN. The Clerk Railroad of New Jersey train terminal was the of my time. will designate the amendment. first stop for immigrants after passing through Mr. DUNCAN. Mr. Chairman, I ask The text of the amendment is as fol- Ellis Island. It was from this historic terminal unanimous consent to claim the time lows: that they caught trains that would bring them in opposition, although I do not intend Amendment No. 3 offered by Mr. STUPAK: throughout the country to begin their new to speak in opposition to the amend- Page 110, after line 20, insert the following ment. (and conform the table of contents accord- lives. In more recent times and under a less ingly): joyful setting, the park hosted thousands of The Acting CHAIRMAN. Is there ob- jection to the request of the gentleman SEC. 2041. CRITERIA FOR OPERATION AND MAIN- evacuees from Lower Manhattan on Sep- TENANCE OF HARBOR DREDGING tember 11, 2001. from Tennessee? PROJECTS. As railroad traffic declined in the middle of There was no objection. The Secretary shall budget and request ap- the 20th Century, the area fell into disrepair. Mr. DUNCAN. Mr. Chairman, I yield propriations for operation and maintenance But through a tremendous amount of hard myself such time as I may consume. of harbor dredging projects based only upon work, Liberty State Park was born, and has Mr. Chairman, the gentleman’s criteria used for such projects in fiscal year become an oasis in the heart of a densely amendment would authorize an envi- 2004. packed metropolitan area, visited by over 4 ronmental restoration project in New The Acting CHAIRMAN. Pursuant to million people each year. The residents of my Jersey contingent upon the Chief of House Resolution 346, the gentleman district don’t have a lot of open space to Engineers completing a final report not from Michigan (Mr. STUPAK) and a enjoy, but at Liberty State Park they have later than December 31, 2005. Member opposed each will control 5 miles of walkways and bike paths, educational The chief’s report is the final tech- minutes. centers, over 100 acres of green space, and nical document submitted by the Corps The Chair recognizes the gentleman sweeping views of the Statue of Liberty and of Engineers for a project. It describes from Michigan (Mr. STUPAK). lower Manhattan. the analysis done, the alternatives con- Mr. STUPAK. Mr. Chairman, I yield However, the remnants of a history of indus- sidered, and the recommended plan. myself such time as I may consume. trial use remain over the vast interior section In putting this bill together, the Mr. Chairman, I rise to offer this im- of the park, which is currently fenced off from committee included those projects that portant amendment along with the the public because of residual contamination. had favorable chief’s reports. With pas- gentleman from Massachusetts (Mr. The Army Corps is currently finishing the sage of the manager’s amendment, we DELAHUNT) and the gentleman from study of a restoration plan that would return have added additional projects that the Michigan (Mr. HOEKSTRA). Our amend- over 230 acres of the park to a state of eco- corps tells us will soon have completed ment directs the Army Corps of Engi- logical health. New tidal wetlands will be cre- chief’s reports. These projects are au- neers to budget and request appropria- ated, invasive species will be removed, and thorized contingent on there being a tions for operation and maintenance the Park will become a prototype for ecologi- completed chief’s report by December harbor dredging based upon criteria cal restoration in an urban environment. 31, 2005. used in fiscal year 2004.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.047 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5871 Beginning in fiscal year 2005, OMB possible to all communities across the nance. If the traffic through a harbor requires and the Army Corps began imple- country. I urge my colleagues to sup- an eight-foot draft and sediment builds up, menting new guidelines and criteria for port the Stupak-Delahunt-Hoekstra leaving only five feet available, vessels cannot determining whether a harbor is eligi- amendment. pass. It is larger, commercial vessels like tank- ble to be considered to be funded for Mr. Chairman, I reserve the balance ers, fishing boats and barges that face the dredging in the President’s budget. Ac- of my time. greatest difficulty and are most likely to run cording to the Corps, in order for a Mr. DUNCAN. Mr. Chairman, I ask aground. commercial harbor to be considered unanimous consent to claim the time Entire portions of our local economy are or- high use and therefore eligible to be in- in opposition, although I do not intend ganized around the sea and the easy trans- cluded in the budget, it must now move to speak in opposition to the amend- port of people and products in and out of our at least 1 million tons of cargo annu- ment. harbors. When you consider our island com- ally. The Acting CHAIRMAN. Is there ob- munities—such as Martha’s Vineyard and As a result of this tonnage require- jection to the request of the gentleman Nantucket—the waterways carry all the neces- ment, a number of routine Army Corps from Tennessee? sities for local citizens, everything from food operations and maintenance harbor There was no objection. and water to lumber and heating oil. Mr. DUNCAN. Mr. Chairman, I yield dredging projects will not be carried In Chatham Harbor, which hosts the largest myself such time as I may consume. out this year or in fiscal year 2007. fleet of commercial fishing vessels in my dis- Mr. Chairman, the administration trict, we face a constant problem with There are 293 harbors in the U.S. classi- has issued performance-based budg- fied as low use. Thus, barring excep- shoaling. It is a 900-foot channel and when it eting criteria based on tonnage being is not clear, millions of dollars are at risk. For tional circumstances, these harbors are moved. That method places a very low not eligible to be included in the Corps the first time in many years, the FY06 budget priority on maintaining small ports. does not include dredging for Chatham be- budget next year simply because of this This process ignores the fact that tonnage requirement. cause it does not meet these new criteria. two-thirds of all cargo on major water- Then there’s Green Harbor in Marshfield, These highly inadequate guidelines ways either start or finish at small are unfairly biased against rural com- the second highest lobster catch harbor in ports. If we abandon our small harbors, New England. Green Harbor would be shut munities and will have a detrimental we adversely affect the entire water- effect on 19 communities in my North- down next year, costing millions of lost dollars way system that is already plagued in lobster catch alone, and untold tourist and ern Michigan district, and to 274 other with deferred maintenance and crum- communities across this country. If other fisheries revenue. bling infrastructure. In Woods Hole, we have a major Coast these harbors are not dredged, small The gentleman’s amendment would town, rural America will suffer more Guard station which launches many cutter ask the Corps to prepare its budget search-and-rescue missions a year. Without job losses, businesses will struggle, and using its previous criteria that were regular dredging, that emergency equipment is infrastructure could be damaged. based on maintaining an acceptable Members only need to look at the land-bound. Tell that to the family of a fishing level of service at least cost for a com- boat crew that can’t reach shore. In that same community of Ontonagon in my dis- mercial port. It is not primarily based trict for an example of the devastating harbor, the Federal government has invested on the tonnage in transit. Using this millions in a state-of-the-art NOAA research effect this policy will have. Ontonagon previous method would not ignore the was taken by surprise when they were vessel. It currently cannot dock at its home contributions of our small harbors to station, the world-renowned Woods Hole not included in the President’s budget the Nation’s commercial transpor- Oceanographic Institute, because the harbor is for the first time in more than 5 years. tation system. clogged with sediment. Just last year, Ontonagon was dredged I believe the administration’s current For coastal communities, waterways are the to approximately 19 feet. Today, it has method of budgeting could adversely arteries. Dredging is vital for the lifeblood of silted back to 6 feet. In less than a affect commercial navigation. There- commerce to flow through these arteries for year, two-thirds of this harbor has been fore, I support the gentleman’s amend- the economic health and safety of our coastal silted back in. This happens each and ment. communities. every year because of a silting problem Mr. Chairman, I yield back the bal- Mr. OBERSTAR. Mr. Chairman, I support unique to this harbor. While the Army ance of my time. the amendment of the gentleman from Michi- Corps has recognized Ontonagon’s Mr. DELAHUNT. Mr. Chairman, for my dis- gan, Mr. STUPAK. unique problem in the past, the new trict—coastal Massachusetts—our waterways The gentleman’s amendment requires the tonnage requirement fails to recognize are as important as our roadways. They are a administration to adequately budget for Fed- the unique circumstances around the vital part of the Nation’s transportation infra- eral maintenance of smaller or low-use har- country some of these harbors face. structure. bors. It reflects the growing frustration of the If this harbor is not dredged, the fu- It is the responsibility of the Army Corps of Members of this House, and the people they ture of SmurfitStone Container Cor- Engineers to help keep our harbors, rivers and represent with the Administration’s continuing poration, which relies on the harbor for other channels in navigable condition. Out of efforts to deny communities Federal support coal and limestone deliveries, and the the blue, the rules have been changed to dra- for navigation at smaller harbors. White Pine Power Company, a revital- matically favor larger, commercial waterways. When the administration submitted its budg- ized coal plant that depends on the har- This constitutes complete abandonment of et request for fiscal year 2006, it once again bor for coal deliveries by ship for its Federal responsibility and quite simply, is an sought to eliminate or reduce funding for power generation, will be in jeopardy. assault on smaller communities all over the maintenance activities at smaller, less busy Imagine the consequences for small country, putting lives and livelihoods at risk. harbors. By abandoning Federal maintenance towns like Ontonagon if their largest The rationale for these changes is that fi- of these harbors, the administration places businesses are unable to receive the nancial constraints require us to abruptly lives and livelihoods at risk. goods they need to remain competitive. change Army Corps’ priorities to favor projects Lives are at risk since many of these small- This is just one example of many har- with ‘‘true value to the Nation.’’ This sounds er harbors serve as harbors of refuge during bors that have been or will be short- good—but is dangerously misleading. The inclement weather in many areas of the coun- changed. changed formula focuses only on commercial try, including the Great Lakes. Failure to ade- Rural communities already have lim- tonnage and mileage, so smaller projects do quately maintain harbors also creates unsafe ited resources available to them, and not have a chance—even though they are crit- navigation conditions, increasing the incidence this will just add an additional hard- ical to the economy and public safety. of groundings and capsizing. ship. The Army Corps must develop re- When waterways close due to sediment Livelihoods are at risk since many of these quirements to determine whether a build-up, the commercial fishing industry suf- smaller harbors serve an important economic harbor is to be included in the Presi- fers. Tourism is compromised. And our trans- role in moving cargo, commercial fishing, and dent’s budget for a yearly dredge that port stops—sometimes dead in the water. The recreational opportunities. does not unfairly impact small harbors Coast Guard can’t undertake ‘‘search and res- Smaller harbors may not move hundreds or and rural communities. We need to en- cue’’ because they can’t move—literally. thousands of containers or tons of bulk cargo, sure the Corps is putting forth guide- Just as a deteriorating highway or bridge but such harbors can be vital to the local com- lines and policies that are as fair as needs repair, our waterways need mainte- munity they serve. I hope that the message of

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00069 Fmt 7634 Sfmt 9920 E:\CR\FM\K14JY7.050 H14PT1 H5872 CONGRESSIONAL RECORD — HOUSE July 14, 2005 the gentleman’s amendment is heard by the revenue for facilities, improvements some of the costs that are required to administration, and that the budgetary prior- and upgrades to roads and bridges and ship their goods through our ports. ities for fiscal year 2007 reflect this serious rails. This is an American versus foreign concern. Our marine terminals are invaluable vote here. Whose side are we on? Who I support the gentleman’s amendment. commerce infrastructure, not only to is going to pay the bill? Right now if Mr. STUPAK. Mr. Chairman, I thank our country but also for the many for- our people go overseas and build their the gentleman from Tennessee (Mr. eign manufacturers who sell primarily manufacturing plants, we end up sub- DUNCAN) for his support, and I yield in the U.S. market. This is the portal sidizing that by permitting them low- back the balance of my time. through which foreign manufacturers cost ways of getting their goods right The Acting CHAIRMAN (Mr. SIMP- deliver their goods to our markets. Yet into our market and undercutting the SON). The question is on the amend- these manufacturers provide almost American producers who stayed behind ment offered by the gentleman from none of the costs of operation or up- to hire American people. Michigan (Mr. STUPAK). keep of these vital assets. This system, I would ask people on both sides of The amendment was agreed to. as it currently operates, is a subsidy to the aisle to seriously consider this. Do The Acting CHAIRMAN. It is now in foreign manufacturers, paid by the not listen to the ports who simply want order to consider amendment No. 4 American taxpayer, concealing the more taxpayer subsidies. Let us let the printed in House Report 109–160. true cost of imported goods. What we people who use this system, the foreign AMENDMENT NO. 4 OFFERED BY MR. have here is all backwards. What we manufacturers, pay their fair share. ROHRABACHER are in effect doing, as the system Mr. Chairman, I reserve the balance Mr. ROHRABACHER. Mr. Chairman, works, is putting a tariff on products of my time. I offer an amendment. that are made in America. Mr. DUNCAN. Mr. Chairman, I yield The Acting CHAIRMAN. The Clerk Section 208 of WRDA currently al- myself such time as I may consume. will designate the amendment. lows ports to charge fees on tonnage The gentleman from California is one The text of the amendment is as fol- and use those fees to fund infrastruc- of the best friends I have in this Con- lows: ture improvements. This section is gress, and I certainly have great admi- Amendment No. 4 offered by Mr. ROHR- hardly, if ever, invoked by the ports to ration and respect for him, and I sym- ABACHER: raise funds due to the fact that it is pathize with everything that he has Page 110, after line 20, insert the following complicated to collect and tends to be just said; but I must regretfully state (and redesignate subsequent sections, and too unwieldy to be used effectively. the position of the committee at this conform the table of contents, of the bill ac- point, which is in opposition to this cordingly): My amendment allows the ports to amendment. SEC. 2041. AUTHORITY OF NON-FEDERAL INTER- use a simpler and more efficient meth- ESTS TO LEVY HARBOR FEES. od: Fees on containers. The market- The civil works program of the Army Section 208(a) of Water Resources Develop- based fee in my amendment is simple Corps of Engineers provides Federal as- ment Act of 1986 (33 U.S.C. 2236(a)) is amend- to implement and to track, should be sistance for dredging entrance channels ed— more widely used to raise funds for and harbors and the Department of (1) in the matter preceding paragraph (1) port projects. My amendment will also Homeland Security now offers grants by striking ‘‘tonnage duties or fees’’ and in- permit these fees to be used for home- for security projects. serting ‘‘one or more of tonnage duties, ton- land security projects at the ports, as But, generally, capital improvements nage fees, and container fees’’; and to port infrastructure are a non-Fed- (2) in paragraph (1)(A)— well as infrastructure. (A) by striking ‘‘or’’ at the end of clause And let us be frank, the security eral responsibility. The gentleman’s (i); threats that emanate from our ports amendment would permit a non-Fed- (B) by striking ‘‘and’’ at the end of clause come from foreign cargo. Why are we eral interest, which could be the port (ii) and inserting ‘‘or’’; and paying for their threat? If they want authority or the State generally, to (C) by inserting after clause (ii) the fol- access to our markets, overseas manu- collect a fee per container that moves lowing: facturers should pay the cost to ensure through the harbor and to use those ‘‘(iii) to finance the cost of construction the safety of their deliveries. For too funds for security purposes or for infra- and operation and maintenance of any infra- structure projects within the port or structure project for a harbor, including an long the funding of marine terminals infrastructure project outside the boundaries has been a one-way street with the any transportation infrastructure out- of the harbor if the project is for transpor- American taxpayer footing the bill for side the harbor. tation to, from, or through the harbor; and’’; the factory owners of Shanghai, Bei- First, if the goal is to help ports, this and jing and Macau while American manu- amendment is unnecessary. Ports can (3) in paragraph (1)(B) by inserting ‘‘and se- facturers have been subsidizing their already charge fees for services under curity’’ after ‘‘emergency response’’. own competition. the authority of section 208 of the The Acting CHAIRMAN. Pursuant to Our port facilities should have the Water Resources Development Act of House Resolution 346, the gentleman freedom to levy a market-based con- 1986, which they can use to help them from California (Mr. ROHRABACHER) and tainer fee which will provide new rev- with the cost of security and port in- the gentleman from Tennessee (Mr. enue and make our system more equi- frastructure. DUNCAN) each will control 5 minutes. table to the American taxpayer and Second, this amendment goes too far The Chair recognizes the gentleman American manufacturers. The Rohr- by allowing the collected funds to be from California (Mr. ROHRABACHER). abacher amendment is the most effi- used for transportation projects out- Mr. ROHRABACHER. Mr. Chairman, cient way to achieve these goals. The side the port. This could mean poten- I yield myself such time as I may con- Rohrabacher amendment says we are tially a State fee paid by shippers of sume. on the side of the American taxpayer, containers at ports being used to pay I rise to offer an amendment to H.R. and those people who run overseas to for highway and rail projects elsewhere 2864 that will expand the scope of sec- manufacture in China and elsewhere in the State. This is why the American tion 208 in the Water Resources Devel- should be paying their part of the cost Association of Port Authorities and opment Act of 1986. My amendment to make sure that that system, our even the gentleman’s home port of LA/ will allow our ports to levy a fee on port system, is working. Long Beach oppose this amendment. containers and use that fee to pay for The Subcommittee on Water Re- security and infrastructure at the b 1315 sources and Environment held a hear- ports. I would expect that people on both ing on this bill in November 2003. The The Rohrabacher amendment will fa- sides of the aisle would be supporting American Association of Port Authori- cilitate the effort to modernize and se- this. Unfortunately, our port systems, ties, the Waterfront Coalition, and the cure American ports. In my district, our ports, the people who run them, World Shipping Council all testified in the ports of Long Beach and Los Ange- would rather come to the American opposition to this proposal. les handle approximately 44 percent of taxpayer and get stipends from us rath- This amendment is the same as the all of the goods delivered to American er than asking for a just fee to those amendment the gentleman from Cali- shores, yet they are in constant need of manufacturers in China to pay for fornia brought to the House floor last

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.030 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5873 Congress. It was defeated by a vote of However, in effect, the revenue raised by and work with interested parties. But, in its 359–65. The committee believes that the this amendment would be limited to only those current form, I oppose the gentleman’s ports can and should charge whatever in conjunction with the construction, operation, amendment. fees they believe are necessary to cover and maintenance of a navigation project or Mr. DUNCAN. Mr. Chairman, I yield their security needs and infrastructure other infrastructure, and would cease to exist back the balance of my time. projects. They have the authority to do once these projects were complete. The Acting CHAIRMAN (Mr. SIMP- that now, and Congress should not dic- It would not provide a long-term solution to SON). The question is on the amend- tate how they make this business deci- reducing the vulnerability of our Nation’s ports. ment offered by the gentleman from sion. I urge my colleagues to oppose the amend- California (Mr. ROHRABACHER). I can assure the gentleman that I ment. The question was taken; and the Act- would like to work with him on some Mr. ROHRABACHER. Mr. Chairman, ing Chairman announced that the noes of the broader section 208 issues to see I yield myself the balance of my time. appeared to have it. if we can better address his very legiti- The establishment has set up a sys- Mr. ROHRABACHER. Mr. Chairman, mate concerns. We certainly sym- tem that we have built a Frankenstein I demand a recorded vote. pathize with the gentleman’s amend- monster in China by ensuring that jobs The Acting CHAIRMAN. Pursuant to ment. The gentleman’s amendment is and manufacturing are going to China. clause 6 of rule XVIII, further pro- well-intentioned, but at this point the I do not know why that is, I think that ceedings on the amendment offered by committee position is to urge our col- was a horrible decision, but it is time the gentleman from California (Mr. leagues to oppose this amendment. for us to start backing away from that ROHRABACHER) will be postponed. Mr. Chairman, I yield 1 minute to the policy. The most important way to It is now in order to consider amend- ment No. 5 printed in House Report gentlewoman from Texas (Ms. EDDIE start backing away from the policy of 109–160. BERNICE JOHNSON). taking American jobs and shipping It is now in order to consider amend- (Ms. EDDIE BERNICE JOHNSON of them to China, building the economic ment No. 6 printed in House Report Texas asked and was given permission strength of China, the first step to take 109–160. to revise and extend her remarks.) is to make sure that those people who Ms. EDDIE BERNICE JOHNSON of go to China to manufacture are paying AMENDMENT NO. 6 OFFERED BY MR. FLAKE Texas. Mr. Chairman, I rise in opposi- the cost of shipping their goods into Mr. FLAKE. Mr. Chairman, I offer an tion to the amendment. America’s markets rather than having amendment. The Acting CHAIRMAN. The Clerk This amendment is virtually the same as the the taxpayer provide that for them at will designate the amendment. amendment offered by the gentleman to the the expense of our own manufacturers. The text of the amendment is as fol- Water Resources Development Act of 2003, I would ask people on both sides of lows: and which was defeated by a vote of 65 to the aisle, let us turn around this pol- Amendment No. 6 offered by Mr. FLAKE: 359. icy, change the basic policy on China, Page 346, strike lines 19 and 20 and insert The arguments against this amendment are vote ‘‘yes’’ on the Rohrabacher amend- the following: the same, and unfortunately the gentleman ment. (C) implement not later than January 1, from California has not addressed the con- Mr. OBERSTAR. Mr. Chairman, I must op- 2006, an appointment system to schedule and cerns raised by the Committee on Transpor- pose the amendment of the gentleman from prioritize, based upon the average lockage tation and Infrastructure the last time this California, Mr. ROHRABACHER, in its current time of each barge company, traffic move- amendment was offered. form. ments at each lock on the Upper Mississippi While I congratulate the gentleman for seek- River and Illinois Waterway. I can understand the gentleman’s interest in Page 347, strike lines 4 through 7 and insert supporting additional investment in our Na- ing ways to enhance the availability of re- the following: tion’s ports and harbor infrastructure, but I do sources to address security and infrastructure (1) IN GENERAL.—The Secretary shall con- not believe that this amendment is the best needs, I believe that his proposal is too broad. struct new 1,200-foot-long locks at Locks 20, way to achieve that goal. The proposal would amend the authority 21, 22, 24 and 25 on the Upper Mississippi Port authorities currently have the authority contained in the Water Resources Develop- River and at Lagrange Lock and Peoria Lock to collect fees for the services they provide, as ment Act of 1986 for ports to charge fees to on the Illinois Waterway if the combined, 3- provided by section 208 of the Water Re- recover a portion of their costs associated with year average of the number of total tons of commodities processed at these 7 locks in sources Development Act of 1986, and deci- port deepening projects. That authority was calender years 2007, 2008, and 2009 exceeds sions of the Supreme Court. carefully crafted to ensure that the fees that 35,000,000 tons. These fees can be used for services pro- were charged on a vessel were associated (2) REPORTING REQUIREMENTS.—The Sec- vided, and the construction, and operation and with improvements and activities at the port. retary shall submit to Congress— maintenance of, or emergency response serv- This amendment allows for fees to finance ac- (A) before December 31, 2010, a notification ices for navigation projects for a harbor. tivities well beyond the confines of the port. report, prepared in consultation with the Na- The fees contemplated by the Rohrabacher The amendment specifically allows for the tional Research Council of the National amendment would be available for ports and imposition of fees on containers and for those Academy of Sciences, indicating a rec- ommendation on whether to proceed with States to use for any infrastructure project, in- proceeds to be used for financing the cost of new lock construction described in para- cluding infrastructure outside the boundaries construction and operation and maintenance graph (1) based on a cost-benefit analysis and of the harbor, if the project is for transportation of infrastructure outside the boundaries of the on activities undertaken under subsection to, from, or through the harbor. harbor. This is simply too broad. (a)(1); and This could be any road, rail, or even airport The amendment would allow for the imposi- (B) before December 31, 2013, a reevaluation project associated with the harbor. tion of container fees to finance highways or report on whether to proceed with new lock It could also include the locks and dams on rail expansion, with the only requirement being construction described in paragraph (1) tak- the inland waterway system. that the project go to, from, or through the har- ing into account regional, national, and This amendment could encourage ports or world market conditions and the develop- bor. This could certainly benefit other transpor- ment and application of new peer-reviewed States to view containerized cargo as a simple tation modes, but it would do so on the back models. source of revenue, in effect, a hidden tax to fi- of container traffic. Page 347, line 8, strike ‘‘(2)’’ and insert nance any and all transportation modes. This proposal needs further review. We can ‘‘(3)’’. While I support the efforts of our Nation’s look at the passenger facility charges currently The Acting CHAIRMAN. Pursuant to port facilities to provide intermodal connec- used in the aviation program as a model. House Resolution 346, the gentleman tions between the ports and the highways and There, Congress working in collaboration with from Arizona (Mr. FLAKE) and the gen- rail systems that move goods to their final aviation interests developed a financing mech- tleman from Tennessee (Mr. DUNCAN) destinations, I believe that it is inappropriate to anism that has benefited airports, the airline each will control 5 minutes. establish a fee system where the container- industry, and air passengers. But, we did not The Chair recognizes the gentleman ized cargo industry could be supporting other allow these revenues to become the financing from Arizona (Mr. FLAKE). transportation modes. mechanism for a wide variety of infrastructure Mr. FLAKE. Mr. Chairman, I yield In addition, this amendment is described as projects. myself 1 minute. a way to pay for much-needed security en- I would be pleased to work with the gen- This amendment, contrary to what hancements at our Nation’s ports. tleman on his proposal, participate in hearings, has been said on the floor earlier, in

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.053 H14PT1 H5874 CONGRESSIONAL RECORD — HOUSE July 14, 2005 fact, a Dear Colleague just went around Mr. COSTELLO. Mr. Chairman, I would create an additional 48 million that somebody brought my attention thank the gentleman from Tennessee man-hours of work. There is a critical to that says that this project would for yielding me this time. Federal interest in navigation. The prevent this critical piece of infra- I said previously, and I will say vast array of navigation infrastructure structure modernization from going again, that I am in opposition to this is important to the Nation’s economy forward, this amendment would do amendment. Almost 70 percent of U.S. and a secure economy is a necessary nothing of the sort, unless the tonnage ag exports travel the upper Mississippi part of a secure Nation. requirements that the corps has actu- River and the Illinois waterway sys- Right now, increased transportation ally put forward on its own are not met tem. The current locks are 50 to 70 costs mean that some of our farmers that would justify the project. This years old. They were built to handle and manufacturers will not be able to simply says that this project only goes 600-foot barges, not the 1,200-foot compete in the world market and may forward if the benefits outweigh the barges today. We are spending millions go out of business. This means the costs. It will not go forward under this of dollars in emergency repairs. I have shipment of cargo on these rivers will amendment if the costs outweigh the four pages of a computer printout in decrease, not increase. So it is sort of benefits. It is a simple amendment. I small print where we have spent $65 a self-fulfilling prophecy that we have would encourage my colleagues to sup- million in repairs, emergency repairs, been discussing. Right now, traffic on port it. to the current locks. Taxpayers are these rivers is constrained, very con- Mr. Chairman, I reserve the balance spending millions of dollars to put a strained, by small aging locks. It is not of my time. Band-Aid on a system that is anti- fiscally conservative to constrain the Mr. DUNCAN. Mr. Chairman, I yield quated. We must modernize these United States economy with outdated 1 minute to the gentleman from Mis- locks. We cannot waste time. We can- and obsolete infrastructure. If you do souri (Mr. AKIN). not delay the project. not improve or maintain buildings and Mr. AKIN. Mr. Chairman, I rise in op- There is not another bill that has homes, they deteriorate. That is not a position to this amendment for several come to this floor this session that I fiscally conservative thing to do. We reasons. The first thing, it is a very am aware of that has had the support could say the same about our locks and basic kind of principle of politics and of the business community and labor our dams. how we do government, that is, the unions. The building trades as well as The language contained in title 8 of idea of a use tax. When we buy gasoline the American Chamber of Commerce the bill is compromise language. This at the gas pump, there is a tax on it and a number of other groups and orga- language was negotiated last year with and the purpose of that tax is to be nizations have come together in sup- the other body. The WRDA bill pending able to build roads. port of this bill. I ask that our col- in the other body contains virtually In this case, there are tow boats and leagues reject this amendment and identical language. The Flake- barges and they pay a gasoline tax and vote ‘‘yes’’ on final passage. Blumenauer amendment will either Mr. FLAKE. Mr. Chairman, I yield the purpose of that tax is to help build delay or halt the project, costing U.S. myself 30 seconds. Again, I am going to our infrastructure. Through the years, taxpayers much, much more in the fu- sound like a broken record by the time the people that have been going up and ture. As a fiscal conservative, I try to this is through. All this amendment down the Mississippi and the Ohio river be a careful steward of taxpayer dol- says is that based on the corps’ own as- valleys with the barges and the tow lars. This project is an investment in sumptions, river traffic is going to boats have been paying this tax. The America, and I support it. Voting have to reach 35 million tons. That tax, I believe, should be used to rebuild against the Flake-Blumenauer amend- would be required to justify the these locks. ment is the fiscally conservative thing project. If that is not met, the project to do. Accordingly, I must oppose this I am from the St. Louis area, and will not go forward. If it is met, it will amendment and urge a ‘‘no’’ vote on it. some of these locks are just antiques. go forward. Mr. Chairman, I reserve the balance We do not even know when they are We are simply saying that the corps’ of my time. going to break sometimes. We have to own assumptions need to be met, need Mr. FLAKE. Mr. Chairman, I yield 1 move goods up and down the river. to be satisfied, in order for the project minute to the gentleman from Oregon There are some critical supplies that to go forward. Again, this is not scuttle (Mr. BLUMENAUER). have to get to various cities, such as the project. This simply says it needs Mr. BLUMENAUER. Mr. Chairman, I fuel oil to Chicago and other things to be justified by their own figures. would make two brief points. First, like that, not to mention the grain Mr. DUNCAN. Mr. Chairman, I yield what is not being focused on is where that is going out of the country. That myself such time as I may consume. the traffic is going in this corridor. is why it is very important to rebuild I rise in opposition to the Flake- Some products that previously had these locks. We are using a gasoline Blumenauer amendment. The gen- gone out the mouth of the Mississippi tax effectively to do that. tleman from Oregon is one of the most River are now going north to Canada Mr. FLAKE. Mr. Chairman, I yield 30 active and one of the finest members of by rail, south to Mexico by rail, they seconds to the gentleman from Oregon our Subcommittee on Water Resources are going west for export, or they are (Mr. BLUMENAUER). and the Environment. The gentleman being consumed domestically. Mr. BLUMENAUER. Mr. Chairman, from Arizona and I vote alike on prob- That is why, and it comes to the sec- the previous colleague who was con- ably 98 or 99 percent of the issues that ond point: traffic on the river is not cerned about this said it was time to come before this Congress, so I cannot going up as these studies have shown. rebuild the locks. It betrays a funda- overstate my respect and admiration It has been flat for the last 20 years. It mental misunderstanding of what the for both of these gentlemen; but I do has been going down for the last 3 project is. The project is not about re- have to oppose this amendment. years. What the gentleman from Ari- building the locks. We have been doing Failure to upgrade our infrastructure zona and I have offered is a modest that over the last 25 years. In fact, is not fiscally conservative. Not con- compromise. If 3 years is not enough, there is an $88 million project going structing the upper Mississippi naviga- take 4 years. But look at where the right now for Lock 24. This is a $1.8 bil- tion improvement project, according to trend line is going and justify a project lion addition, building new locks in ad- the National Corn Growers Associa- before you start new construction, $1.8 dition to what we already have there. tion, will result in a loss of $562 million billion, for something that frankly In that regard, the proposal that the in annual farm income by 2020. Of this, does not appear to be warranted ac- gentleman from Arizona and I have of- $246 million would be lost in reduced cording to the independent estimates, fered up, saying we do not do a new one exports to other countries. Navigation CRS, three studies from the National unless it is justified, seems reasonable, on the upper Mississippi River-Illinois Academy of Science, and we have al- modest and important. Waterway provides for more than ready seen that the corps’ process has Mr. DUNCAN. Mr. Chairman, I yield 400,000 jobs, including 90,000 high-pay- been severely discredited according to 1 minute to the gentleman from Illi- ing manufacturing jobs. The naviga- an investigation by the Inspector Gen- nois (Mr. COSTELLO). tion improvement project in H.R. 2864 eral.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.057 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5875 b 1330 Mr. DUNCAN. Mr. Chairman, I yield they put the same sort of requirement Mr. FLAKE. Mr. Chairman, I yield for a unanimous consent request to the on our national highway system? myself 1 minute. gentlewoman from Texas (Ms. EDDIE The fact is that the Inland Waterway Let me just say, again, I am sympa- BERNICE JOHNSON). Structure and these locks and dams on thetic to the needs, and I have seen the (Ms. EDDIE BERNICE JOHNSON of the Upper Mississippi do have national locks. In fact, last week I was in Keo- Texas asked and was given permission significance. That is why we must mod- kuk, Iowa and saw a lock not unlike to revise and extend her remarks.) ernize them and reject this amend- the ones that are going to be funded by Ms. EDDIE BERNICE JOHNSON of ment. this project. And they are old. They do Texas. Mr. Chairman, I rise in opposi- Mr. GREEN of Wisconsin. Mr. Chairman, I need maintenance. We are providing a tion to this amendment offered by the appreciate the opportunity to express my op- lot of money for that now. We have gentleman from Arizona (Mr. FLAKE) position to the Flake amendment. been ongoing for the past several dec- and the gentleman from Oregon (Mr. I know many following this debate today are ades. BLUMENAUER). not from Wisconsin—or the Upper Midwest for But this is new dollars, new money This amendment would prohibit the con- that matter. You may look at this amendment for new locks. And it seems to me that struction of new locks for the Upper Mis- and wonder—‘‘is this investment in our infra- if we are fiscally conservative, we sissippi River and Illinois Waterway navigation structure really worth the cost?’’ I can assure ought to say there ought to be a jus- project unless the volume of cargo moving you, the answer to that question is ‘‘yes.’’ tification. There are ways one can jus- along the system increases at a pre-deter- The Mississippi River is critical to Wiscon- tify it. They could say it is going to mined rate. sin’s economic viability. Whether it is providing create a lot of jobs, a lot of people are I understand the concerns of the authors of an efficient, cost-effective transportation sys- going to be working on that project, this amendment. tem for Wisconsin agricultural products or but that all makes sense if we are all The Upper Mississippi River and Illinois Wa- helping bring lower-cost coal to Wisconsin Keynesians now, and I hope we are not. terway navigation project has a history of power plants, the Mississippi River is the en- I hope that we believe that taxpayers being the longest, the most costly, and the gine that keeps many communities in Wis- ought to be protected, and they spend most controversial study by the Corps of Engi- consin running. Unfortunately, this essential their money best, unless there is a jus- neers that anyone can recall. engine is aging—at times even sputtering. The tified need. And here all we are saying, During the formulation of the navigation and infrastructure on the river is nearly 70 years as the gentleman from Oregon (Mr. ecosystem restoration components of this old. Unplanned lock closures are increasing by BLUMENAUER) said, this is a carefully project, numerous outside groups, including 10 percent each year and the waiting time at constructed compromise saying that it the National Research Council, expressed critical locks continues to increase. should move forward if there is an eco- concern with the economic justification for the The proposal we have before us today is nomic justification for it. If there is project, including the predicted increases in what is needed to ensure that the Mississippi not, then it should not move forward. grain shipments and other commodities that River continues to be a vital economic link for That is all we are saying here. will utilize the new locks called for in the report American commerce and exports. Waiting Mr. Chairman, I yield 30 seconds to of the Chief of Engineers. three more years will only marginalize this wa- the gentleman from Oregon (Mr. However, the way to address these con- terway system. The proposal we have before BLUMENAUER). cerns is not to restrict the Corps’ capability to us today is over 12 years and $75 million dol- Mr. BLUMENAUER. Mr. Chairman, I carry out its mission, but to commit to the nec- lars in the making. It is a sound proposal and appreciate what the gentleman from essary congressional oversight on this project has the strong support of states in the basin Arizona (Mr. FLAKE) is saying. I think as each component proceeds towards imple- as well as 85% of participants at recent public it is important to have this safety mentation. meetings. valve. Nobody is suggesting that we As with every major project carried out by Frankly, I think this issue really boils down close the locks, stop the rehabilitation, the Corps, including the restoration of the Flor- to this: if you think shutting down access to and shove all this stuff on trucks. That ida Everglades, the restoration of Coastal Lou- our export markets is good for America’s farm- is not what we are talking about. isiana, and the construction of the new locks ers, you should vote for this amendment. If There is plenty of time, plenty of money that can be spent boosting the on the Upper Mississippi River, it is the Con- you think Congress should abandon its com- local economy by doing this right. But gress that must ensure that Federal dollars mitment to rural communities, then you should concentrate on the priorities. Make are wisely spent. vote for this amendment. If you oppose effi- sure what we have got works, scale it As keepers of the Federal purse, we must cient, reliable, environmentally-friendly, low- to traffic, give it a fair test, see if the commit to careful oversight of these major cost transportation, then you should vote for experts are right. If the experts are all projects over the coming decades to ensure this amendment. wrong, then the project will go for- that taxpayer dollars are not wasted. Modernization of the Upper Mississippi ward. If the experts are right, we will The Committee on Transportation and Infra- River System is good for our economy and have saved $1.8 billion. structure stands ready to keep careful watch good for our environment. If you support agri- Mr. FLAKE. Mr. Chairman, I yield over this project, as well as other programs of culture; if you support rural communities; if myself such time as I may consume. the Corps of Engineers. you support efficient infrastructure, then you I appreciate the debate that has been For this reason, I must oppose the amend- should oppose the Flake amendment and sup- had on this topic. Again, we have this ment offered by Mr. FLAKE and Mr. port the bill we have before us today. year over a $300 billion deficit. It is BLUMENAUER. Mr. OBERSTAR. Mr. Chairman, I oppose better than we thought it was going to Mr. DUNCAN. Mr. Chairman, I yield the amendment. be, but it is still over $300 billion. We the balance of my time to the gen- An efficient, modern, intermodal transpor- have a debt near $8 trillion now. If we, tleman from Missouri (Mr. HULSHOF). tation system is vital to the economic well as stewards of the taxpayers’ money, Mr. HULSHOF. Mr. Chairman, I being of the Nation. Our inland waterways are cannot step in and when a project does thank the chairman for yielding me a critical component of that system. This not meet its own goals to move for- this time. amendment sacrifices any hope of regaining a ward, if we cannot step in and say we In the remaining time, first of all, to leadership role in world grain markets for Mid- are not going to do this, we are not my friend from Arizona, this is an au- west producers. going to spend the taxpayers’ money thorization, not an appropriation. Half I can appreciate the concerns of the gentle- on this, we are going to wait and get a of the cost is going to be borne by men that offer this amendment. The Upper project that is justified, then who are those that use it, $900 million from the Mississippi River-Illinois Waterway Navigation we as Members of Congress? We will inland waterway trust fund. To my Study has been the costliest and most con- never get a handle on this debt or def- friend from Oregon, the trends on the troversial study ever undertaken by the Corps icit. inland waterway system have gone up of Engineers. It has had whistleblower com- I would say that, if one is fiscally except in this area where the locks and plaints, an investigation by the Office of Spe- conservative, this amendment is a dams are crumbling because we are los- cial Counsel, an investigation by the Army In- lock. ing the reliability of these antiquated spector General, three National Academy of Mr. Chairman, I yield back the bal- structures that were built in the 1930s Sciences reviews, Congressional hearings, ance of my time. with a 50-year useful life. And would and more newspaper articles and editorials

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00073 Fmt 7634 Sfmt 9920 E:\CR\FM\K14JY7.061 H14PT1 H5876 CONGRESSIONAL RECORD — HOUSE July 14, 2005 than one could imagine. Throughout all this, cent per bushel was enough to be the decid- straining or somewhat larger and more hos- the Corps remained thorough, professional, ing factor. By reducing congestion and low- pitable to commerce. and exemplary in its review of alternatives and ering transportation costs, we can do our part There are environmental as well as humani- its willingness to adapt to new information pre- to ensure that U.S. grain products can suc- tarian questions that must be pondered. To sented to it. cessfully compete on world markets. Requiring the surprise of some, the environmental and The Transportation and Infrastructure Com- more traffic, more congestion, and higher humanitarian case for somewhat larger locks mittee, and its predecessors, has consistently prices before the locks can proceed will only is compelling. After all, all forms of transpor- supported a diverse and efficient national further harm the Midwest agricultural econ- tation cause environmental disruption. But transportation system. This includes ports, omy. barges use less energy than other forms of highways, rail, aviation, and the inland water- The small-scale and large-scale construction transportation. Indeed, logically, upgrading our way system. Each of these modes contributes components will require significant mitigation locks and dams should be part of the Energy to the overall transportation system that fuels components. Let me be clear to the Corps and bill. Barges are fuel efficient moving goods up- the world’s leading economy. the other Federal agencies involved that the stream; and when they travel downstream In pursuing the national transportation sys- Corps must adhere to the requirements of the they are partly gravity driven. Gravity is analo- tem, we cannot stand still. We did not build Water Resources Development Act of 1986 gous to cost free, solar energy. Barges, with the Interstate Highway System and then walk and ensure that all required mitigation is un- their waves and physical interactions with the away. We continue to expand and modernize dertaken either in advance, or concurrent with river cause interruptions with nature. But so do the system to meet evolving needs—the the construction. Too often, mitigation be- trucks, trains and airplanes, and it is quite House/Senate conference intends to conclude comes the orphan of the project and the envi- possible that barges are the least nature-intru- its work on a reauthorization bill this month. ronment suffers. That cannot be the case sive technique to move commercial goods. The same is true for ports, rail and aviation. here, or elsewhere in the Corps program. They are also the cheapest in many cir- The inland waterway system is no different. The remaining critical element of the pro- cumstances. At great risk, this Congress turns The Corps recommends the construction of posal is the recommendation for a large-scale a cold shoulder to infrastructure investments five new locks on the Upper Mississippi River, ecosystem restoration program for the area. that improve American competitiveness. and two new locks on the Illinois Waterway. At While the total $5.3 billion cost is large, the As for the humanitarian issue, the great 1,200 feet, these locks will accommodate to- value to the United States of the Mississippi American breadbasket has provided food at day’s common 15-barge tows. Instead of hav- River and Illinois Waterway navigation system minimal cost to the American people. It has ing to break the tows into two sections to pass justifies the costs. also provided foodstuffs to a starving world. through the locks, a 1,200-foot lock allows Since 1940, the Nation has benefited from To trim the doors of commerce in food is to passage as a single unit. This can save an the efficient and safe transportation of goods trim our humanitarian obligations to impover- hour or more of transit time, resulting in lower by barge. Waterborne transportation remains ished peoples throughout the world. transportation costs, and grain exports that are the most fuel-efficient way to transfer bulk Finally, Mr. Chairman, let me say that the more competitive on world markets. commodities. Yet, this highly efficient system lock system of the Mississippi River is a vi- There are the small-scale structural and has exacted a price on the ecosystem of the brant part of the American transportation infra- non-structural measures that should be pur- Upper Mississippi River and Illinois Waterway. structure. This is the first amendment that I sued immediately. Initially, the Corps plans to This ecosystem comprises 2.6 million acres have encountered in this body that suggests implement mooring facilities and switchboats in parts of five States. It includes hundreds of our infrastructure should be second rate. The over the next 15 years. The Corps should also thousands of acres of bottomland forest, is- history of this country has been one of open- continue to explore options to improve the uti- lands, backwaters, side channels, and wet- ing, not closing, the heartland. That is why we lization of existing facilities through improved lands. The region supports 270 species of built the Erie Canal. That is why we built the scheduling techniques and river traffic man- birds, 57 species of mammals, 45 species of St. Lawrence Seaway. That is why we should agement. The Nation constantly explores im- reptiles and amphibians, 113 species of fish, not constrain the future and narrow the valves provements in managing air traffic congestion; and nearly 50 species of mussels. More than of our heartland’s greatest artery. the inland transportation sector could benefit 40 percent of North America’s migratory wa- The Acting CHAIRMAN (Mr. SIMP- from lessons learned in aviation traffic man- terfowl and shorebirds depend on the re- SON). The question is on the amend- agement. After all, the Corps will have to ag- sources, shelter, and habitat that the region ment offered by the gentleman from gressively pursue nonstructural traffic manage- provides. We must do our part to restore this Arizona (Mr. FLAKE). ment techniques during any construction pe- precious resource. The question was taken; and the Act- riod. It is never too early to explore what Mr. Chairman, I support the recommenda- ing Chairman announced that the noes works. tions of the Chief of Engineers to enhance the appeared to have it. While the Corps is implementing the small- Nation’s inland waterway transportation sys- Mr. FLAKE. Mr. Chairman, I demand scale structural and nonstructural changes, the tem, and to restore the ecosystem of the a recorded vote. Corps should continue its efforts in planning Upper Mississippi River and Illinois Waterway. The Acting CHAIRMAN. Pursuant to the construction of the new locks. These are I strongly oppose the amendment offered by clause 6 of rule XVIII, further pro- the large-scale improvements calling for the Mr. FLAKE and Mr. BLUMENAUER, and urge a ceedings on the amendment offered by construction of 7 new 1,200-foot locks. These ‘‘no’’ vote. the gentleman from Arizona (Mr. components should stay on track. The Na- Mr. LEACH. Mr. Chairman, with great re- FLAKE) will be postponed. tion’s grain producers, the transportation in- spect for the two members who have offered It is now in order to consider amend- dustry, and our export customers need to this amendment, I rise in opposition to its con- ment No. 7 printed in House report 109– have a stable, reliable economic environment tent. 160. in which to grow and develop. In the mean- What is at issue is whether we want a first AMENDMENT NO. 7 OFFERED BY MR. KIND time, the Corps and the Congress will have or second class transportation infrastructure. Mr. KIND. Mr. Chairman, I offer an the opportunity to evaluate the effectiveness of The locks are designed to last at least fifty amendment. the small-scale measures, monitor grain trade years. It is impossible to predict what goods The Acting CHAIRMAN. The Clerk patterns, and proceed with the most current will be transported up or down the river fifty will designate the amendment. and accurate information available. years from now. Will it be corn or some new The text of the amendment is as fol- The amendment before the Committee fiber that is either calorie or energy intensive? lows: would simply add delay for no benefit. A con- Will it be steel, aluminum, iron ore, fertilizer, or Amendment No. 7 offered by Mr. KIND: tributing cause of stagnant traffic patterns is a refined corn or plastic product? Page 354, line 23, strike ‘‘and’’; the very congestion that these locks would al- Accordingly, I am extremely doubtful of ca- Page 355, line 3, strike ‘‘rates.’’ and insert leviate. By requiring traffic to grow before the pacity testing approaches that fit a couple year ‘‘rates; and’’. locks can proceed will forever doom the locks. time frame which would put the future eco- Page 355, after line (3), insert the fol- The proponents of the amendment fail to ac- nomic viability of the Midwest in jeopardy. Un- lowing: like the coasts with their spacious oceans—we ‘‘(3) make an annual report to Congress, knowledge that these new locks are des- beginning in fiscal year 2008, regarding perately needed to allow traffic to grow. are landlocked. The Mississippi River and its whether the projects are being carried out at Grain sales occur in world markets based locks are our doors to the world. The question a comparable rate.’’. on extremely small variations in price. I recall with the Blumenauer and Flake Amendment is Page 355 line 4, after ‘‘Secretary’’ insert instances when as little as one-eighth of a whether these doors will be small or con- ‘‘or Congress’’.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.050 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5877 The Acting CHAIRMAN. Pursuant to But my amendment also just clarifies gress for our consideration. And my House Resolution 346, the gentleman that Congress also has a role in regards guess is, we are probably going to have from Wisconsin (Mr. KIND) and a Mem- to making sure that we do have a com- to continue working on lock and mod- ber opposed each will control 5 min- parable rate of progress being made in ernization and the ecosystem portion utes. both the ecosystem portion of the un- of the river in years to come. The Chair recognizes the gentleman derlying bill and the lock and dam But I think it is an important first from Wisconsin (Mr. KIND). modernization. step. I think my amendment does add Mr. KIND. Mr. Chairman, I yield my- Those who grew up on the Mis- some value to the underlying bill, and self such time as I may consume. sissippi, as I did, and I would probably I encourage my colleagues to support Mr. Chairman, I rise today in support call myself a river rat, having grown it. of this legislation. I think it is a very up in western Wisconsin and spent my Mr. DUNCAN. Mr. Chairman, I ask positive step forward and a very bal- youth on the river and now enjoy it im- unanimous consent to claim the time anced approach. mensely with my own family and two in opposition to the amendment. The amendment I am offering is a little boys, understand the importance The Acting CHAIRMAN. Is there ob- friendly amendment. It is not an of maintaining the balance of this vi- jection to the request of the gentleman amendment that is calling for a retrac- tally important national treasure that from Tennessee? tion or cutback of any programs. It is we have called the Mississippi River There was no objection. not an amendment asking for more The Acting CHAIRMAN. The gen- Basin. That area has been the key to money or less money for any project. It tleman from Tennessee (Mr. DUNCAN) is the fertile lands that we now call the is not an amendment that changes the recognized for 5 minutes. bread basket of America. It is now a definition of anything in the bill. It is Mr. DUNCAN. Mr. Chairman, I yield multi-billion dollar industry, the agri- an amendment that appreciates the ap- myself such time as I may consume. cultural production that occurs in the proach in regards to the management I will not oppose the amendment. I upper Midwest. But it is also a multi- of the Upper Mississippi River basin, will simply say, the gentleman’s billion dollar industry in regards to the especially under title VIII. amendment relates to the project for Title VIII contains two major fea- recreational and tourism use of the navigation improvements and eco- tures: One, as the previous amendment upper Mississippi area. In fact, the system restoration on the Upper Mis- spoke to, is the modernization of the Upper Mississippi Wildlife Refuge, the sissippi River and Illinois Waterway lock and dam system for a certain largest refuge in the Nation, has more System. This framework for what will number of locks in the middle part of visitors to it than Yellowstone Na- be multiple projects is authorized in the Mississippi and along the Illinois tional Park every year. This river title VIII of the reported bill. River. But the other component of all basin is the primary drinking source of Section 8005 of H.R. 2864, as reported, that, that really has not received that over 33 million Americans. It is North requires that the Secretary make a de- much attention, is the ecosystem res- America’s largest migratory route. termination whether or not the toration plan that was also a part of Forty percent of water foul species, projects are being carried out at com- the navigation study and one that has and any person who loves to duck hunt, parable rates. This amendment directs been put forward with us today. as I do, will tell Members how vitally the Secretary to submit an annual re- In the underlying bill, I think the au- important that Mississippi River cor- port to Congress on this determination thors of the legislation, those in sup- ridor is to the duck populations in the that is already required by the re- port of it, understand the use of the North American continent. And it is a ported bill. I have no objection to the Mississippi River. Yes, there is com- tremendous economic value to our re- Secretary’s reporting to Congress on mercial navigation on it, and there will gional economies, not just the com- this issue, and therefore, I have no ob- be tomorrow. It is an important fea- mercial navigation that is vital but jection to this amendment. ture of economic development and for also the recreational and the tourism Mr. YOUNG of Alaska. Mr. Chairman, the our regional economy in the Midwest value that it brings to the region. gentleman’s amendment relates to the many area. But it is also a river that is used So all we are asking in this amend- projects that make up Title 8 of the bill, the for recreational purposes and tourism ment is having an annual report by the Upper Mississippi River and Illinois Waterway purposes. And what is being proposed Secretary of the Army so we can track System. The amendment has two parts. in the ecosystem restoration portion of the progress being made on both fronts The first part requires that the Secretary re- the bill is one of the most major in- and also this clarification that Con- port to Congress on his determination of vestments in the ecosystem of the Mis- gress is going to play a role in making whether the projects are being carried out at sissippi River Basin. And the language sure that we do maintain balance in re- comparable rates. I have no objection to the actually asks for a comparable rate of gards to lock and dam modernization Secretary reporting to Congress on his find- progress being made in both the mod- but also the important investment that ings. ernization of the lock and dam system has to go into ecosystem restoration. The second part of the amendment has no along with the investment in the eco- Both components are expensive, and meaning since it suggests that the Congress system restoration, an adaptive man- that is why we need to come back, I shall be making adjustments to annual funding agement approach that the Corps of think, on a much more frequent basis requests for the various projects under this Engineers along with other outside ex- to review the progress that is being Title. Congress does not make funding re- perts have recommended in regards to made and be able to justify this to the quests. the management of the river system. American taxpayer. Therefore, the only operative part of this My amendment does two very simple My friend from Arizona is exactly amendment is the report to Congress, and on things. One is, the Secretary of Army, right. We are running budget deficits. that point, I have no objection. under the current bill, is required These are expensive projects. We Mr. OBERSTAR. Mr. Chairman, I support every 4 years to submit a report to should be held accountable. And I the amendment of the gentleman from Wis- Congress showing the progress being think having an annual report to do consin, Mr. KIND. made in both the ecosystem restora- that is a step forward in that direction. This amendment seeks to ensure that the tion and lock and dam modernization. I just want to conclude by com- navigation project for the Upper Mississippi My amendment asks for an annual re- mending and thanking the work that River and Illinois Waterway proceeds in tan- port by the Secretary to do that so the committee has done in putting to- dem with the environmental restoration pro- that the taxpayers can determine gether, I think, a very fair and bal- gram that this bill simultaneously authorizes. It whether or not the investment is being anced bill; the work that the staff has also calls for the budgetary process to be ad- well spent, so we can determine here in put in to try to reach consensus. Obvi- justed to accomplish this goal. Congress whether the comparable rate ously, it is not without controversy. I believe that this amendment reflects the of progress is being met, and so that The NAFF study is something that has original intent of the interested parties and the there is that continuing underlying been around for over 10 years. It has Corps of Engineers. When the environmental justification that the authors of the cost us close to $100 million to con- component was added to the navigation study, previous amendment were alluding to clude before the Corps of Engineers it was in recognition that the two programs previously. submitted their final report to Con- needed to complement each other.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00075 Fmt 7634 Sfmt 9920 E:\CR\FM\K14JY7.066 H14PT1 H5878 CONGRESSIONAL RECORD — HOUSE July 14, 2005 The Mississippi River and Illinois Waterway There was no objection. Kaptur Murtha Schwarz (MI) are a multi-purpose system. They serve impor- Mr. DUNCAN. Mr. Chairman, I just Kennedy (RI) Myrick Scott (GA) Kildee Nadler Sensenbrenner tant navigation needs yet are a vital part of the want to thank the gentlewoman from King (IA) Napolitano Shadegg Nation’s environmental ecosystem. The Mis- Texas (Ms. EDDIE BERNICE JOHNSON) for Kucinich Olver Sherman sissippi River, its sidechannels, and tributaries those very kind remarks, and I could Langevin Otter Sherwood Larson (CT) Paul Shuster constitute the central flyway for millions of mi- say everything back to her that she Lungren, Daniel Pence grating waterfowl. It also serves as the home Slaughter just said. And we appreciate the co- E. Peterson (MN) Sodrel Maloney Petri for a variety of fish and shellfish. operation and the hard work of the Stearns Marshall Pitts I support the twin goals of improving naviga- Strickland staff on both sides. McCollum (MN) Pombo tion on the Upper Mississippi River and Illinois Tancredo I had the privilege to introduce McCotter Renzi Waterway and conducting environmental res- Susan Bodine to the Senate committee McDermott Rogers (MI) Taylor (MS) Taylor (NC) toration. This amendment is consistent with this morning, and I said so many good McGovern Rohrabacher McHenry Royce Udall (CO) these goals. I support the amendment. things about her at that time that I Mr. DUNCAN. Mr. Chairman, I yield McKinney Ryan (OH) Udall (NM) would not want to repeat those again McNulty Ryan (WI) Walsh back the balance of my time. Meehan Sabo Watt The Acting CHAIRMAN. The ques- or her head would get so big, she would not be able to get out of this room here Mica Sanchez, Loretta Wilson (SC) tion is on the amendment offered by Moore (WI) Sanders the gentleman from Wisconsin (Mr. today. KIND). But we do appreciate so much the NOES—310 The amendment was agreed to. work that she has done over the years Ackerman Deal (GA) King (NY) Ms. EDDIE BERNICE JOHNSON of for our subcommittee, and she has been Aderholt DeLay Kingston one of the finest staffers that this Con- Alexander Dent Kirk Texas. Mr. Chairman, I ask unanimous Allen Diaz-Balart, L. Kline consent to strike the last word. gress has ever had, and we want to con- Andrews Diaz-Balart, M. Knollenberg The Acting CHAIRMAN. Is there ob- gratulate her. We hate to lose her to Baca Dicks Kolbe jection to the request of the gentle- the EPA, but certainly she is moving Baird Doggett Kuhl (NY) woman from Texas? onward and upward and we wish her Baker Drake LaHood Barrett (SC) Dreier Lantos There was no objection. the very best. Barton (TX) Edwards Larsen (WA) Ms. EDDIE BERNICE JOHNSON of With that, I urge passage of this bill. Bass Ehlers Latham Texas. Mr. Chairman, I take this op- Bean Emanuel LaTourette SEQUENTIAL VOTES POSTPONED IN COMMITTEE Beauprez English (PA) Leach portunity to acknowledge the strong OF THE WHOLE bipartisanship that is the hallmark of Becerra Eshoo Lee The Acting CHAIRMAN. Pursuant to Berkley Etheridge Levin this bill, and I especially acknowledge clause 6 of rule XVIII, proceedings will Berman Everett Lewis (CA) the bipartisanship of the gentleman Berry Fattah Lewis (GA) now resume on those amendments on from Tennessee (Mr. DUNCAN), sub- Biggert Feeney Lewis (KY) which further proceedings were post- Bilirakis Ferguson Linder committee chairman; and the coopera- Bishop (GA) Filner Lipinski tion of the gentleman from Alaska (Mr. poned in the following order: amend- ment No. 4 by the gentleman from Cali- Bishop (NY) Fitzpatrick (PA) LoBiondo YOUNG), committee chairman; and the Bishop (UT) Foley Lofgren, Zoe fornia (Mr. ROHRABACHER), amendment gentleman from Minnesota (Mr. OBER- Blackburn Forbes Lowey No. 6 by the gentleman from Arizona Blumenauer Ford Lucas STAR), ranking member. (Mr. FLAKE). Blunt Fossella Lynch This bill demonstrates the kind of co- Boehlert Foxx Mack operation that too often is lacking in The Chair will reduce to 5 minutes Boehner Frelinghuysen Manzullo this House. We on the Democratic side the time for the second electronic vote Bonilla Garrett (NJ) Marchant in this series. Bonner Gerlach Markey do not agree with everything that is in Boozman Gibbons Matheson this bill. We might have written it dif- AMENDMENT NO. 4 OFFERED BY MR. Boren Gilchrest Matsui ferently had we written it alone. I am ROHRABACHER Boswell Gillmor McCarthy sure that any colleagues on the Repub- The Acting CHAIRMAN. The pending Boucher Gingrey McCaul (TX) Boustany Gonzalez McCrery lican side feel the same way. But work- business is the demand for a recorded Boyd Gordon McHugh ing together, listening to each other, vote on the amendment offered by the Bradley (NH) Granger McKeon we developed a bill that I am sure will gentleman from California (Mr. ROHR- Brady (PA) Graves McMorris Brady (TX) Green, Al Meek (FL) have broad bipartisan support in this ABACHER ) on which further proceedings Brown (SC) Green, Gene Meeks (NY) House when the vote is taken in just a were postponed and on which the noes Brown, Corrine Grijalva Melancon few minutes. prevailed by voice vote. Brown-Waite, Gutierrez Menendez I also take this time to acknowledge The Clerk will redesignate the Ginny Hall Michaud the highly professional and skilled Camp Harris Millender- amendment. Cannon Hart McDonald work of Susan Bodine, the Republican The Clerk redesignated the amend- Cantor Hastings (FL) Miller (MI) staff director and counsel for the sub- ment. Capito Hastings (WA) Miller (NC) committee. This will be her last water Capuano Hayes Miller, Gary resources bill. She has been nominated RECORDED VOTE Cardoza Hensarling Miller, George to become the assistant administrator The Acting CHAIRMAN. A recorded Carnahan Higgins Mollohan vote has been demanded. Carter Hinojosa Moore (KS) for Solid Waste and Emergency Re- Castle Hobson Moran (KS) sponse at the Environmental Protec- A recorded vote was ordered. Chabot Hoekstra Moran (VA) tion Agency, and I am sure that she The vote was taken by electronic de- Chandler Holden Murphy vice, and there were—ayes 111, noes 310, Chocola Holt Musgrave will soon be confirmed and will do a Clay Honda Neal (MA) wonderful job. She has served the Com- not voting 12, as follows: Cleaver Hoyer Neugebauer mittee on Transportation and Infra- [Roll No. 376] Clyburn Hulshof Ney structure in this House with the Cole (OK) Hyde Northup AYES—111 Conaway Inglis (SC) Norwood knowledge, professionalism, advocacy Abercrombie DeFazio Goode Conyers Inslee Nunes and pragmatism that exemplifies the Akin DeGette Goodlatte Cooper Israel Nussle best of the legislative process. Bachus Delahunt Green (WI) Cox Jackson (IL) Obey On behalf of the Democrats on the Baldwin DeLauro Gutknecht Cramer Jackson-Lee Ortiz Barrow Dingell Harman Crenshaw (TX) Osborne Committee on Transportation and In- Bartlett (MD) Doolittle Hayworth Crowley Jefferson Owens frastructure, we congratulate Ms. Bono Doyle Hefley Cuellar Jenkins Oxley Bodine and wish her every success in Brown (OH) Duncan Herger Culberson Jindal Pallone Burgess Emerson Herseth Cummings Johnson (CT) Pascrell her new position. Burton (IN) Engel Hinchey Davis (AL) Johnson (IL) Pastor Mr. DUNCAN. Mr. Chairman, I ask Butterfield Evans Hooley Davis (CA) Johnson, E. B. Payne unanimous consent to strike the last Buyer Farr Hostettler Davis (FL) Jones (OH) Pearce word. Calvert Flake Hunter Davis (IL) Kanjorski Pelosi The Acting CHAIRMAN. Is there ob- Case Fortenberry Issa Davis (KY) Keller Peterson (PA) Coble Frank (MA) Istook Davis (TN) Kelly Pickering jection to the request of the gentleman Costa Franks (AZ) Johnson, Sam Davis, Jo Ann Kennedy (MN) Poe from Tennessee? Costello Gohmert Jones (NC) Davis, Tom Kind Pomeroy

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.053 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5879 Porter Schwartz (PA) Tiberi Boehlert Hooley Olver Meehan Putnam Snyder Price (GA) Scott (VA) Tierney Bono Inglis (SC) Otter Meek (FL) Radanovich Sodrel Price (NC) Serrano Towns Bradley (NH) Inslee Pallone Meeks (NY) Rahall Solis Pryce (OH) Sessions Turner Brown (OH) Johnson (CT) Paul Melancon Rangel Souder Putnam Shaw Upton Castle Kennedy (RI) Payne Mica Regula Spratt Radanovich Shays Van Hollen Chabot Kind Pence Miller (MI) Rehberg Strickland ´ Rahall Shimkus Velazquez Chocola Kolbe Ramstad Miller (NC) Reichert Stupak Ramstad Simmons Visclosky Cooper Kucinich Rohrabacher Miller, Gary Renzi Sullivan Rangel Simpson Walden (OR) Mollohan Reyes Crowley Kuhl (NY) Rothman Sweeney Regula Skelton Wamp Davis (CA) Langevin Moore (KS) Reynolds Royce Tanner Rehberg Smith (NJ) Wasserman Davis, Tom Levin Moran (KS) Rogers (AL) Sanchez, Loretta Tauscher Reichert Smith (TX) Schultz DeFazio Lewis (GA) Murphy Rogers (KY) Saxton Taylor (MS) Reyes Smith (WA) Waters DeGette Linder Murtha Rogers (MI) Taylor (NC) Reynolds Snyder Watson DeLauro Lofgren, Zoe Sensenbrenner Musgrave Ros-Lehtinen Shadegg Terry Rogers (AL) Solis Waxman Dingell Maloney Nadler Ross Thomas Rogers (KY) Souder Weiner Shays Napolitano Roybal-Allard Doggett Markey Thompson (CA) Ros-Lehtinen Spratt Weldon (FL) Sherman Neal (MA) Ruppersberger Eshoo Marshall Thompson (MS) Ross Stark Weldon (PA) Farr McCollum (MN) Smith (WA) Neugebauer Rush Thornberry Rothman Stupak Weller Feeney McCotter Stark Ney Ryan (OH) Tiahrt Roybal-Allard Sullivan Westmoreland Fitzpatrick (PA) McGovern Stearns Northup Ryan (WI) Tiberi Ruppersberger Sweeney Wexler Flake McHenry Tancredo Norwood Ryun (KS) Towns Rush Tanner Whitfield Foxx McHugh Tierney Nunes Sabo Turner Ryun (KS) Tauscher Wicker Franks (AZ) McKinney Udall (CO) Nussle Salazar Salazar Terry Wilson (NM) Garrett (NJ) McNulty Ortiz Sa´ nchez, Linda Upton Udall (NM) ´ Sa´ nchez, Linda Thomas Wolf Gingrey Menendez Osborne T. Velazquez Van Hollen Visclosky T. Thompson (CA) Woolsey Gohmert Michaud Walden (OR) Owens Schakowsky Saxton Wamp Thompson (MS) Wu Goode Millender- Walsh Oxley Schiff Schakowsky Thornberry Wynn Harman Pascrell Schwartz (PA) Wasserman McDonald Watson Schiff Tiahrt Young (AK) Hayworth Miller, George Pastor Schwarz (MI) Schultz Waxman Hensarling Moore (WI) Pearce Scott (GA) Waters Wexler NOT VOTING—12 Hoekstra Moran (VA) Peterson (MN) Scott (VA) Watt Woolsey Capps Cunningham Miller (FL) Holt Myrick Peterson (PA) Serrano Weiner Cardin Gallegly Oberstar Honda Obey Wu Petri Sessions Weldon (FL) Carson Kilpatrick (MI) Platts Pickering Shaw Weldon (PA) Cubin McIntyre Young (FL) NOES—315 Pitts Sherwood Weller Platts Shimkus Westmoreland b 1411 Abercrombie Cuellar Higgins Poe Shuster Whitfield Ackerman Culberson Hinchey Pombo Simmons Wicker Messrs. ISRAEL, LOBIONDO, Aderholt Cummings Hinojosa Pomeroy Simpson Wilson (NM) KOLBE, CASTLE, MOORE of Kansas, Akin Davis (AL) Hobson Porter Skelton Wilson (SC) Alexander Davis (FL) Holden BARRETT of South Carolina, MEEK of Price (GA) Slaughter Wolf Allen Davis (IL) Hostettler Price (NC) Smith (NJ) Wynn Florida, CONAWAY, KUHL of New Baca Davis (KY) Hoyer Pryce (OH) Smith (TX) Young (AK) York, MELANCON, Mrs. TAUSCHER Bachus Davis (TN) Hulshof Baird Davis, Jo Ann Hunter NOT VOTING—13 and Ms. WASSERMAN SCHULTZ Baker Deal (GA) Hyde Capps Gallegly Pelosi changed their vote from ‘‘aye’’ to ‘‘no.’’ Barton (TX) Delahunt Israel Cardin Kilpatrick (MI) Sanders Bean DeLay Issa Messrs. MCDERMOTT, PETRI, Carson McIntyre Beauprez Dent Istook Young (FL) BROWN of Ohio, WATT, GUTKNECHT, Cubin Miller (FL) Becerra Diaz-Balart, L. Jackson (IL) Cunningham Oberstar SHUSTER, BURTON of Indiana, ISSA, Berman Diaz-Balart, M. Jackson-Lee ISTOOK, LARSON of Connecticut, Berry Dicks (TX) ANNOUNCEMENT BY THE ACTING CHAIRMAN MURTHA, EVANS, DELAHUNT, MEE- Biggert Doolittle Jefferson The Acting CHAIRMAN (Mr. SIMP- HAN, SHADEGG, HERGER, KENNEDY Bilirakis Doyle Jenkins Bishop (GA) Drake Jindal SON)(during the vote). Members are ad- of Rhode Island, LANGEVIN, DOYLE, Bishop (NY) Dreier Johnson (IL) vised that 2 minutes remain in this RENZI, FARR, Ms. DELAURO, Ms. Bishop (UT) Duncan Johnson, E. B. vote. BALDWIN, Ms. MOORE of Wisconsin, Blunt Edwards Johnson, Sam Boehner Ehlers Jones (NC) Ms. DEGETTE, and Ms. MCCOLLUM Bonilla Emanuel Jones (OH) changed their vote from ‘‘no’’ to ‘‘aye.’’ Bonner Emerson Kanjorski b 1418 So the amendment was rejected. Boozman Engel Kaptur So the amendment was rejected. Boren English (PA) Keller The result of the vote was announced Boswell Etheridge Kelly The result of the vote was announced as above recorded. Boucher Evans Kennedy (MN) as above recorded. AMENDMENT NO. 6 OFFERED BY MR. FLAKE Boustany Everett Kildee The Acting CHAIRMAN. There being Boyd Fattah King (IA) The Acting CHAIRMAN (Mr. SIMP- Brady (PA) Ferguson King (NY) no other amendments, the question is SON). The pending business is the de- Brady (TX) Filner Kingston on the committee amendment in the mand for a recorded vote on the Brown (SC) Foley Kirk nature of a substitute, as amended. Brown, Corrine Forbes Kline amendment offered by the gentleman Brown-Waite, Ford Knollenberg The committee amendment in the from Arizona (Mr. FLAKE) on which fur- Ginny Fortenberry LaHood nature of a substitute, as amended, was ther proceedings were postponed and Burgess Fossella Lantos agreed to. on which the noes prevailed by voice Burton (IN) Frank (MA) Larsen (WA) The Acting CHAIRMAN. Under the Butterfield Frelinghuysen Larson (CT) vote. Buyer Gerlach Latham rule, the Committee rises. The Clerk will redesignate the Calvert Gibbons LaTourette Accordingly, the Committee rose; amendment. Camp Gilchrest Leach and the Speaker pro tempore (Mr. Cannon Gillmor Lee The Clerk redesignated the amend- Cantor Gonzalez Lewis (CA) BASS) having assumed the chair, Mr. ment. Capito Goodlatte Lewis (KY) SIMPSON, Acting Chairman of the Com- RECORDED VOTE Capuano Gordon Lipinski mittee of the Whole House on the State Cardoza Granger LoBiondo The Acting CHAIRMAN. A recorded Carnahan Graves Lowey of the Union, reported that that Com- vote has been demanded. Carter Green (WI) Lucas mittee, having had under consideration A recorded vote was ordered. Case Green, Al Lungren, Daniel the bill (H.R. 2864) to provide for the Chandler Green, Gene E. conservation and development of water The Acting CHAIRMAN. This will be Clay Grijalva Lynch a 5-minute vote. Cleaver Gutierrez Mack and related resources, to authorize the The vote was taken by electronic de- Clyburn Gutknecht Manzullo Secretary of the Army to construct vice, and there were—ayes 105, noes 315, Coble Hall Marchant various projects for improvements to Cole (OK) Harris Matheson not voting 13, as follows: Conaway Hart Matsui rivers and harbors of the United [Roll No. 377] Conyers Hastings (FL) McCarthy States, and for other purposes, pursu- Costa Hastings (WA) McCaul (TX) AYES—105 ant to House Resolution 346, he re- Costello Hayes McCrery ported the bill back to the House with Andrews Barrow Berkley Cox Hefley McDermott Baldwin Bartlett (MD) Blackburn Cramer Herger McKeon an amendment adopted by the Com- Barrett (SC) Bass Blumenauer Crenshaw Herseth McMorris mittee of the Whole.

VerDate jul 14 2003 04:23 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.054 H14PT1 H5880 CONGRESSIONAL RECORD — HOUSE July 14, 2005 The SPEAKER pro tempore. Under Hobson McKinney Sabo b 1437 the rule, the previous question is or- Hoekstra McMorris Salazar Holden McNulty Sa´ nchez, Linda Mr. ROYCE and Mr. INGLIS of South dered. Holt Meehan T. Carolina changed their vote from Is a separate vote demanded on any Honda Meek (FL) Sanchez, Loretta ‘‘yea’’ to ‘‘nay.’’ Hooley Meeks (NY) Sanders amendment to the committee amend- Mrs. JONES of Ohio changed her vote ment in the nature of a substitute Hostettler Melancon Saxton Hoyer Menendez Schakowsky from ‘‘nay’’ to ‘‘yea.’’ adopted by the Committee of the Hulshof Mica Schiff So the bill was passed. Whole? If not, the question is on the Hunter Michaud Schwartz (PA) The result of the vote was announced amendment. Hyde Millender- Schwarz (MI) Inslee McDonald as above recorded. The amendment was agreed to. Scott (GA) Israel Miller (MI) Scott (VA) A motion to reconsider was laid on The SPEAKER pro tempore. The Issa Miller (NC) Serrano the table. question is on engrossment and third Istook Miller, Gary Sessions reading of the bill. Jackson (IL) Miller, George Shaw f Jackson-Lee Mollohan The bill was ordered to be engrossed Shays (TX) Moore (KS) Sherman COMMEMORATING 60TH ANNIVER- and read a third time, and was read a Jefferson Moore (WI) Sherwood SARY OF CONCLUSION OF WAR Jenkins Moran (KS) third time. Shimkus IN THE PACIFIC AND HONORING Jindal Moran (VA) Shuster The SPEAKER pro tempore. The Johnson (CT) Murphy Simmons VETERANS OF BOTH PACIFIC question is on the passage of the bill. Johnson (IL) Murtha Simpson AND ATLANTIC THEATERS OF Johnson, E. B. Musgrave The question was taken; and the Skelton SECOND WORLD WAR Johnson, Sam Myrick Speaker pro tempore announced that Slaughter Jones (NC) Nadler Smith (NJ) The SPEAKER pro tempore (Mr. the ayes appeared to have it. Jones (OH) Napolitano Smith (TX) BASS). The unfinished business is the Mr. DUNCAN. Mr. Speaker, on that I Kanjorski Neal (MA) Smith (WA) Kaptur Neugebauer question of suspending the rules and demand the yeas and nays. Snyder Keller Ney agreeing to the concurrent resolution, The yeas and nays were ordered. Sodrel Kelly Northup H. Con. Res. 191, as amended. The SPEAKER pro tempore. Pursu- Kennedy (MN) Norwood Solis ant to clause 8 of rule XX, this 15- Kennedy (RI) Nunes Souder The Clerk read the title of the con- Spratt minute vote on passage of H.R. 2864 Kildee Nussle current resolution. Kind Obey Stark The SPEAKER pro tempore. The will be followed by a 5-minute vote on Strickland King (IA) Olver question is on the motion offered by the motion to suspend the rules on H. King (NY) Ortiz Stupak Con. Res. 191. Kingston Osborne Sullivan the gentleman from Illinois (Mr. HYDE) Sweeney The vote was taken by electronic de- Kirk Otter that the House suspend the rules and Kline Owens Tanner agree to the concurrent resolution, H. vice, and there were—yeas 406, nays 14, Knollenberg Oxley Tauscher not voting 13, as follows: Kolbe Pallone Taylor (MS) Con. Res. 191, as amended, on which the Taylor (NC) yeas and nays are ordered. [Roll No. 378] Kucinich Pascrell Kuhl (NY) Pastor Terry This will be a 5-minute vote. YEAS—406 LaHood Payne Thomas The vote was taken by electronic de- Langevin Pearce Thompson (CA) Abercrombie Camp Emanuel vice, and there were—yeas 399, nays 0, Ackerman Cannon Emerson Lantos Pence Thompson (MS) Aderholt Cantor Engel Larsen (WA) Peterson (MN) Thornberry not voting 34, as follows: Akin Capito English (PA) Larson (CT) Peterson (PA) Tiahrt [Roll No. 379] Alexander Capuano Eshoo Latham Petri Tiberi Allen Cardoza Etheridge LaTourette Pickering Tierney YEAS—399 Andrews Carnahan Evans Leach Pitts Towns Abercrombie Burton (IN) Diaz-Balart, M. Baca Carter Everett Lee Platts Turner Ackerman Butterfield Dicks Bachus Case Farr Levin Poe Udall (CO) Aderholt Buyer Dingell Baird Castle Fattah Lewis (CA) Pombo Udall (NM) Akin Calvert Doggett Baker Chabot Feeney Lewis (GA) Pomeroy Upton Alexander Camp Doolittle Baldwin Chandler Ferguson Lewis (KY) Porter Van Hollen Allen Cannon Doyle Barrett (SC) Chocola Filner Linder Price (GA) Vela´ zquez Andrews Cantor Drake Barrow Clay Fitzpatrick (PA) Lipinski Price (NC) Visclosky Baca Capito Dreier Bartlett (MD) Cleaver Foley LoBiondo Pryce (OH) Walden (OR) Bachus Capuano Duncan Barton (TX) Clyburn Forbes Lofgren, Zoe Putnam Walsh Baird Cardoza Edwards Lowey Radanovich Bass Coble Ford Wamp Baker Carnahan Ehlers Lucas Rahall Bean Cole (OK) Fortenberry Wasserman Baldwin Carter Emanuel Lungren, Daniel Ramstad Beauprez Conaway Fossella Schultz Barrett (SC) Case Emerson E. Rangel Becerra Conyers Foxx Waters Barrow Castle Engel Lynch Regula Berkley Costa Frank (MA) Watson Bartlett (MD) Chabot English (PA) Mack Rehberg Berman Costello Frelinghuysen Watt Barton (TX) Chandler Eshoo Berry Cox Garrett (NJ) Maloney Reichert Bass Chocola Etheridge Manzullo Renzi Waxman Biggert Cramer Gerlach Weiner Bean Clay Evans Bilirakis Crenshaw Gibbons Marchant Reyes Beauprez Cleaver Farr Markey Reynolds Weldon (FL) Bishop (GA) Crowley Gilchrest Weldon (PA) Becerra Clyburn Fattah Bishop (NY) Cuellar Gillmor Marshall Rogers (AL) Berkley Coble Feeney Matheson Rogers (KY) Weller Bishop (UT) Culberson Gingrey Westmoreland Berman Cole (OK) Ferguson Blackburn Cummings Gohmert Matsui Rogers (MI) Berry Conaway Filner Wexler Blumenauer Davis (AL) Gonzalez McCarthy Rohrabacher Biggert Conyers Fitzpatrick (PA) Whitfield Blunt Davis (CA) Goode McCaul (TX) Ros-Lehtinen Bishop (GA) Cooper Flake Wicker Boehlert Davis (FL) Goodlatte McCollum (MN) Ross Bishop (NY) Costa Foley Wilson (NM) Bonilla Davis (IL) Gordon McCotter Rothman Bishop (UT) Costello Forbes Wilson (SC) Bonner Davis (KY) Granger McCrery Roybal-Allard Blackburn Cox Ford Bono Davis (TN) Graves McDermott Ruppersberger Wolf Blumenauer Cramer Fortenberry Boozman Deal (GA) Green (WI) McGovern Rush Woolsey Blunt Crenshaw Fossella Boren DeFazio Green, Al McHenry Ryan (OH) Wu Boehlert Crowley Foxx Boswell DeGette Green, Gene McHugh Ryan (WI) Wynn Boehner Cuellar Frank (MA) Boucher Delahunt Grijalva McKeon Ryun (KS) Young (AK) Bonilla Culberson Franks (AZ) Boustany DeLauro Gutierrez Bonner Cummings Garrett (NJ) Boyd DeLay Gutknecht NAYS—14 Bono Davis (AL) Gerlach Bradley (NH) Dent Harman Boehner Franks (AZ) Sensenbrenner Boozman Davis (CA) Gibbons Brady (PA) Diaz-Balart, L. Harris Cooper Hensarling Shadegg Boren Davis (IL) Gilchrest Brady (TX) Diaz-Balart, M. Hart Boswell Davis (KY) Gillmor Davis, Jo Ann Inglis (SC) Stearns Brown (OH) Dicks Hastings (FL) Boucher Davis (TN) Gingrey Davis, Tom Paul Tancredo Brown (SC) Dingell Hastings (WA) Flake Royce Boustany Davis, Jo Ann Gohmert Brown, Corrine Doggett Hayes Bradley (NH) Davis, Tom Gonzalez Brown-Waite, Doolittle Hayworth NOT VOTING—13 Brady (PA) Deal (GA) Goode Ginny Doyle Hefley Brady (TX) DeFazio Goodlatte Burgess Drake Herger Capps Gallegly Oberstar Brown (OH) DeGette Granger Burton (IN) Dreier Herseth Cardin Hall Pelosi Brown, Corrine DeLauro Graves Butterfield Duncan Higgins Carson Kilpatrick (MI) Young (FL) Brown-Waite, DeLay Green (WI) Buyer Edwards Hinchey Cubin McIntyre Ginny Dent Green, Al Calvert Ehlers Hinojosa Cunningham Miller (FL) Burgess Diaz-Balart, L. Green, Gene

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.072 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5881 Grijalva Markey Roybal-Allard Saxton Tiberi Walden (OR) There was no objection. Gutierrez Matheson Royce Terry Turner Young (FL) Gutknecht Matsui Ruppersberger f ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Hall McCarthy Rush LEGISLATIVE PROGRAM Harman McCaul (TX) Ryan (OH) The SPEAKER pro tempore (during Harris McCollum (MN) Ryan (WI) the vote). Members are advised there (Mr. HOYER asked and was given Hart McCotter Ryun (KS) are 2 minutes remaining in this vote. permission to address the House for 1 Hastings (FL) McCrery Sabo Hastings (WA) McDermott Salazar b 1446 minute and to revise and extend his re- Hayes McGovern Sa´ nchez, Linda marks.) Hayworth McHenry T. So (two-thirds having voted in favor Mr. HOYER. Mr. Speaker, I rise to Hefley McHugh Sanchez, Loretta thereof) the rules were suspended and address the House and for the purpose Hensarling McKeon Schakowsky the concurrent resolution, as amended, Herger McKinney Schiff of inquiring of the Majority Leader the Herseth McMorris Schwartz (PA) was agreed to. schedule for next week. Higgins McNulty Schwarz (MI) The result of the vote was announced Mr. DELAY. Mr. Speaker, will the Hinojosa Meek (FL) Scott (GA) as above recorded. gentleman yield? Hoekstra Meeks (NY) Scott (VA) The title of the concurrent resolution Holden Melancon Sensenbrenner Mr. HOYER. I yield to the gentleman Holt Mica Serrano was amended so as to read: ‘‘Concur- from Maryland. Honda Michaud Sessions rent resolution commemorating the Mr. DELAY. Mr. Speaker, the House Hooley Millender- Shadegg 60th anniversary of the conclusion of Hostettler McDonald Shaw will convene on Monday at 12:30 p.m. Hoyer Miller (MI) Shays the War in the Pacific and honoring for morning hour debates and 2 p.m. for Hulshof Miller (NC) Sherman veterans of both the Pacific and Atlan- legislative business. We will consider Hunter Miller, Gary Sherwood tic theaters of the Second World War.’’. several matters under suspension of Hyde Miller, George Shimkus A motion to reconsider was laid on Inglis (SC) Mollohan Shuster the rules. A final list of those bills will Inslee Moore (KS) Simmons the table. be sent to the Members’ offices by the Stated for: Israel Moore (WI) Simpson end of the day. Any votes called on Issa Moran (KS) Skelton Mr. MENENDEZ. Mr. Speaker, earlier today, these measures will be rolled until 6:30 Istook Moran (VA) Slaughter the House voted on H. Con. Res. 191, a reso- Jackson (IL) Murphy Smith (NJ) p.m. lution commemorating the 60th anniversary of Jackson-Lee Murtha Smith (TX) On Tuesday and the balance of the the conclusion of the war in the Pacific and (TX) Myrick Smith (WA) week, the House may consider addi- Jefferson Nadler Snyder honoring veterans of both the Pacific and At- tional legislation under suspension of Jenkins Napolitano Sodrel lantic theaters of the Second World War. On Jindal Neal (MA) Solis the rules, as well as several measures rollcall vote 379, I was unavoidably detained Johnson (CT) Neugebauer Souder under a rule: H.R. 2601, the Foreign Re- Johnson (IL) Ney Spratt and missed the vote. As a cosponsor of this lations Authorization Act for Fiscal Johnson, E. B. Northup Stark resolution, I would have voted ‘‘yea.’’ Johnson, Sam Norwood Stearns Years 2006 and 2007; H.R. 3070, the Na- Jones (NC) Nunes Strickland f tional Aeronautics and Space Adminis- Jones (OH) Nussle Stupak Kanjorski Obey Sullivan PERSONAL EXPLANATION tration Authorization Act of 2005; and Kaptur Ortiz Sweeney Ms. KILPATRICK of Michigan. Mr. Speaker, H.R. 3199, the USA PATRIOT and Ter- Keller Otter Tancredo personal business prevents me from being rorism Prevention Reauthorization Act Kelly Owens Tanner of 2005. Kennedy (MN) Oxley Tauscher present for legislative business scheduled for Kennedy (RI) Pallone Taylor (MS) today, Thursday, July 14, 2005. Had I been Mr. HOYER. Mr. Speaker, I thank Kildee Pascrell Taylor (NC) present, I would have voted ‘‘yea’’ on the mo- the Majority Leader. You announced Kind Pastor Thomas tion to instruct conferees on H.R. 6 offered by next week you expect to have legisla- King (IA) Paul Thompson (CA) tive business on Monday through Fri- King (NY) Payne Thompson (MS) Mrs. CAPPS (rollcall No. 373); ‘‘yea’’ on H.R. Kingston Pearce Thornberry 3100, the East Asia Security Act of 2005 (roll- day. For purposes of planning, how Kirk Pence Tiahrt call No. 374); ‘‘yea’’ on H. Res. 356, a resolu- confident are you that we will be here Kline Peterson (MN) Tierney on Friday? Do you think we might be Knollenberg Peterson (PA) Towns tion condemning the terrorist attacks in Lon- Kolbe Petri Udall (CO) don (rollcall No. 375); ‘‘aye’’ on the Rohr- able to get through our work by Thurs- Kucinich Pickering Udall (NM) abacher Amendment to H.R. 2864 (rollcall No. day evening? Kuhl (NY) Pitts Upton 376); ‘‘aye’’ on the amendment offered by Mr. DELAY. Mr. Speaker, our current LaHood Platts Van Hollen plan is to consider the State Depart- Langevin Poe Vela´ zquez Messrs. BLUMENAUER and FLAKE to H.R. 2864 Lantos Pombo Visclosky (rollcall No. 377); ‘‘yea’’ on approving H.R. ment authorization during the early Larsen (WA) Pomeroy Walsh 2864 (rollcall No. 378); and ‘‘yea’’ on H. Con. part of the week, followed by NASA au- Larson (CT) Porter Wamp thorization and concluding the week Latham Price (GA) Wasserman Res. 191, a resolution commemorating the LaTourette Price (NC) Schultz 60th anniversary of the conclusion of the war with the PATRIOT Act. I would expect Leach Pryce (OH) Waters in the Pacific and honoring veterans of both debate on both the PATRIOT Act and Lee Putnam Watson the Pacific and Atlantic theaters of the Second the State Department authorization Levin Radanovich Watt bill to take a considerable amount of Lewis (CA) Rahall Waxman World War (rollcall No. 379). time. I would imagine that both of Lewis (GA) Ramstad Weiner f Lewis (KY) Rangel Weldon (FL) those bills will have a number of Linder Regula Weldon (PA) PERSONAL EXPLANATION amendments. Because of that, Members Lipinski Rehberg Weller LoBiondo Reichert Westmoreland Mrs. CAPPS. Mr. Speaker, I was not able to need to be prepared to be here voting Lofgren, Zoe Renzi Wexler be present for the following rollcall votes and next Friday. Lowey Reyes Whitfield would like the RECORD to reflect that I would Mr. HOYER. Mr. Speaker, I thank Lucas Reynolds Wicker the leader and presume that Members Lungren, Daniel Rogers (AL) Wilson (NM) have voted as follows: rollcall No. 373—‘‘yea’’; E. Rogers (KY) Wilson (SC) rollcall No. 374—‘‘yea’’; rollcall No. 375— will act accordingly to let their staffs Lynch Rogers (MI) Wolf ‘‘yea’’; rollcall No. 376—‘‘nay’’; rollcall No. know that Friday is more likely than Mack Rohrabacher Woolsey not, would that be pretty accurate? Maloney Ros-Lehtinen Wu 377—‘‘yea’’; rollcall No. 378—‘‘yea’’; and roll- Manzullo Ross Wynn call No. 379—‘‘yea.’’ Mr. DELAY. If the gentleman would continue to yield, that is correct, more Marchant Rothman Young (AK) f likely than not. NOT VOTING—34 REMOVAL OF NAME OF MEMBER Mr. HOYER. Mr. Leader, you just in- Bilirakis Everett Menendez AS COSPONSOR OF H.R. 2317 dicated the sequence of bills. Would it Boyd Frelinghuysen Miller (FL) Ms. MOORE of Wisconsin. Mr. Speak- be correct, therefore, to assume that Brown (SC) Gallegly Musgrave er, I ask unanimous consent to have the Foreign Relations Reauthorization Capps Gordon Oberstar Cardin Hinchey Olver my name removed as a cosponsor of Act would be on Tuesday? The leader- Carson Hobson Osborne H.R. 2317. ship expects to take that up first? Cubin Kilpatrick (MI) Pelosi The SPEAKER pro tempore. Is there Mr. DELAY. We would expect to take Cunningham Marshall Sanders Davis (FL) McIntyre objection to the request of the gentle- up that bill on Tuesday or at least Delahunt Meehan woman from Wisconsin? start it on Tuesday.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.056 H14PT1 H5882 CONGRESSIONAL RECORD — HOUSE July 14, 2005 Mr. HOYER. And NASA next, either Mr. HOYER. The last two pieces of order under the Calendar Wednesday late Tuesday or Wednesday or even legislation, there has been a lot of talk rule be dispensed with on Wednesday Thursday depending on how long the and a lot of newspaper coverage about next. Foreign Relations Reauthorization Act both campaign finance reform and pos- The SPEAKER pro tempore. Is there takes? sible Social Security and/or pension or objection to the request of the gen- Mr. DELAY. That is correct, Wednes- Social Security pension legislation. tleman from Texas? day or Thursday. Can the leader tell us whether there is There was no objection. Mr. HOYER. And the PATRIOT Act anticipation on your side of the aisle f would be on Thursday and/or Friday? that we will be considering either one Mr. DELAY. That is correct. of those or both? Campaign finance, I ANNOUNCEMENT BY COMMITTEE Mr. HOYER. Mr. Leader, the highway know there are two separate pieces of ON RULES REGARDING AMEND- bill, we have discussed trying to reau- legislation, Pence-Wynn and Shays- MENTS TO H.R. 3199, USA PA- thorize the highway bill, and both sides Meehan, pending. Will either one of TRIOT AND TERRORISM PREVEN- feel it is important to get it through. those subjects, do you think, be on the TION REAUTHORIZATION ACT OF We have had the 8th extension, and calendar prior to the July 28 recess 2005 that expires this coming Tuesday. Can date? Mr. DREIER. Mr. Speaker, following the leader shed some light on the sta- Mr. DELAY. Mr. Speaker, I appre- up on the colloquy of our colleagues, tus of the conference? ciate the gentleman continuing to the gentleman from Maryland (Mr. Mr. DELAY. Mr. Speaker, the gen- yield, and I assume the gentleman will HOYER) and the gentleman from Texas tleman from Maryland (Mr. HOYER) is ask another question about Social Se- (Mr. DELAY), I would like to announce correct. The highway bill is, as we all curity, so I will take campaign finance that the Committee on Rules may know, an incredibly important bill. It first. meet next week to grant a rule which is an important jobs bill. It is impor- There is a lot of negotiations that could limit the amendment process for tant for the infrastructure of this need to be held on both the Shays-Mee- floor consideration of H.R. 3199, the country. Maybe that is why it is taking han bill and the Pence-Wynn bill. In USA PATRIOT and Terrorism Preven- so long to do this. But the conference my opinion, they are not ripe yet. I do tion Reauthorization Act of 2005. The on the highway bill is slowly rolling not see that they will get any riper be- Committee on the Judiciary and the along. Compromises are being made in tween now and the August break. Permanent Select Committee on Intel- some key areas. I am optimistic that a Mr. HOYER. That is a good way to ligence ordered the bill reported on conference report can be ready maybe put it. I will then ask about the Social July 13. Both committees are expected even next week, but certainly be ready Security and/or pension or combination to file their reports with the House by in the next 2 weeks. thereof. There was some talk it might Monday, July 18. Mr. HOYER. Mr. Speaker, I thank be before recess. Now we have read Any Member wishing to offer an the leader for that information. The in- some comments it might not be until amendment should submit 55 copies of formation I have is the eighth exten- September. Can the leader shed some the amendment and one copy of a brief sion ends Tuesday. It is not on the list, light on the majority’s view when that explanation of the amendment to the but would it be the gentleman’s expec- will come forward? Committee on Rules in H–312 of the tation that we would have another Mr. DELAY. As the gentleman Capitol by 6 p.m. on Tuesday, July 19. short-term extension? knows, the Committee on Ways and Members should be advised that a com- Mr. DELAY. Mr. Speaker, I would Means has had a number of hearings on bined text from the committees of ju- refer to the chairman on that. I do not Social Security and retirement secu- want to preclude what position the risdiction should be available for their rity in general. In addition, the Com- review on the committees’ websites chairman of the Committee on Trans- mittee on Education and the Workforce portation and Infrastructure would be and on the Committee on Rules website passed a bill relating to a number of by tomorrow, Friday, July 15. in to make that decision. If we had to issues related to defined benefit pen- do an extension, certainly we would fit Members should use the Office of sion plans before the July 4th district Legislative Counsel to ensure that it in in between debates on the major work period. There are additional ideas bills we will be doing next week. their amendments are drafted in the related to retirement savings building appropriate format. Members are also Mr. HOYER. Obviously, the problem support within this House. I expect is, as the leader well knows, if there is advised to check with the Office of the that the House will focus on these Parliamentarian to ensure that their a gap of authorization existing in law, issues in the fall. it has adverse consequences obviously amendments comply with the rules of Mr. HOYER. Mr. Speaker, I thank the House. on existing projects or the possibility the Majority Leader for that informa- of pursuing existing projects. I would tion. f hope if we cannot get to conference, f ANNOUNCEMENT BY COMMITTEE which would be probably impossible by ON RULES REGARDING AMEND- next Tuesday, we would have an exten- ADJOURNMENT TO MONDAY, JULY MENTS TO H.R. 3070, NATIONAL sion so that would not cause anybody 18, 2005 AND HOUR OF MEETING AERONAUTICS AND SPACE AD- any problem in the contracting field. ON TUESDAY, JULY 19, 2005 MINISTRATION AUTHORIZATION Mr. Leader, it is my understanding Mr. DELAY. Mr. Speaker, I ask unan- ACT OF 2005 that the CAFTA legislation, a very im- imous consent that when the House ad- portant piece of legislation, is not on journs today, it adjourn to meet at Mr. DREIER. Mr. Speaker, the Com- the calendar for next week. Would it be 12:30 p.m. on Monday next for morning mittee on Rules may meet the week of the expectation of the leader that the hour debates; and, further, when the July 18 to grant a rule which could CAFTA legislation would be on the last House adjourns on that day, it adjourn limit the amendment process for floor week we are in session? to meet at 9 a.m. on Tuesday, July 19, consideration of H.R. 3070, the National Mr. DELAY. As the gentleman 2005. Aeronautics and Space Administration knows, the Senate has passed CAFTA. The SPEAKER pro tempore (Mr. Authorization Act of 2005. The Com- The Committee on Ways and Means has SIMPSON). Is there objection to the re- mittee on Science ordered the bill re- marked it up. I expect that the House quest of the gentleman from Texas? ported today and is expected to file its will vote on it before we adjourn for There was no objection. report with the House on Monday, July the August recess. I just do not know f 18. when that will be. Any Member wishing to offer an Mr. HOYER. But the gentleman is DISPENSING WITH CALENDAR amendment should submit 55 copies of confident at least it will not be next WEDNESDAY BUSINESS ON the amendment and one copy of a brief week? WEDNESDAY NEXT explanation of the amendment to the Mr. DELAY. I am pretty confident it Mr. DELAY. Mr. Speaker, I ask unan- Committee on Rules in H–312 of the will not be next week; that is correct. imous consent that the business in Capitol by 12 noon on Tuesday, July 19.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.077 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5883 Members should draft their amend- Earth. I thank, again, my colleagues Whereas a New York distributor, M.J. ments to the text of the bill as re- for allowing me to offer this legislation Winkler, contracted to distribute the Alice ported by the Committee on Science today. comedies on October 16, 1923, and this date is which should be available for their re- Mr. TOM DAVIS of Virginia. Mr. credited as the birth of the Disney company; Whereas the company was originally view on the websites of both the Com- Speaker, will the gentlewoman yield? Ms. LORETTA SANCHEZ of Cali- known as the Disney Brothers Cartoon Stu- mittee on Science and the Committee dio, with Walt Disney and his brother, Roy, on Rules tomorrow. fornia. Further reserving the right to as equal partners, the company soon changed object, I yield to the gentleman from b 1500 its name, at Roy’s suggestion, to the Walt Virginia. Disney Studio; Members should use the Office of Mr. TOM DAVIS of Virginia. Mr. Whereas today, the list of Disney classic Legislative Counsel to ensure that Speaker, I would also like to support animated films reads like an all-time favor- their amendments are drafted in the H. Res. 355, which celebrates Walt ites list of children everywhere: Cinderella, appropriate format. Members are also Disney’s contributions to our Nation. I Pinocchio, Bambi, Alice in Wonderland, advised to check with the Office of the want to thank my distinguished col- Beauty and the Beast, Dumbo, 101 Parliamentarian to be certain their league, the gentlewoman from Cali- Dalmations, The Jungle Book, Aladdin, The Lion King, Toy Story, Pocahontas, The amendments comply with the rules of fornia, for sponsoring and spearheading Hunchback of Notre Dame, Mulan, Monsters the House. this resolution. Inc., The Emperor’s New Groove, A Bug’s f As 2005 marks the 50th anniversary of Life, and many others; Disneyland, now is an appropriate time Whereas Disney has also produced timeless CELEBRATING WALT DISNEY’S to recognize the outstanding contribu- live action family films including 20,000 CONTRIBUTIONS TO OUR NATION tions of its founder, Walt Disney, to Leagues Under the Sea, Swiss Family Robin- Mr. TOM DAVIS of Virginia. Mr. our Nation. Like so many American son, Treasure Island, Honey, I Shrunk the Speaker, I ask unanimous consent that success stories, Walt Disney was a self- Kids, and The Santa Clause; the Committee on Government Reform made man. In the 1920s he began by Whereas the Walt Disney Foundation strives to promote discourse, writing, and be discharged from further consider- independently producing a series of scholarship about the life, work, and philos- ation of the resolution (H. Res. 355) animated comedies, starting with Al- ophy of Walt Disney; celebrating Walt Disney’s contribu- ice’s Wonderland in 1923. In 1928 Walt Whereas 2005 is the 50th anniversary of tions to our Nation, and ask for its im- Disney figuratively struck gold when Disneyland; mediate consideration in the House. he created Mickey Mouse. Since then, Whereas Walt Disney’s dream of ‘‘a place The Clerk read the title of the resolu- he went on to create countless other where parents and children could have fun tion. memorable characters, too numerous together’’, became a reality with the opening The SPEAKER pro tempore (Mr. to list here. of Disneyland in Anaheim, California, and subsequently in the opening of additional SIMPSON). Is there objection to the re- In the process, he won 32 Academy theme parks, cruise lines, and resorts world- quest of the gentleman from Virginia? Awards for his work. Nevertheless, the wide; Ms. LORETTA SANCHEZ of Cali- highest praise for Disney may lie in the Whereas when Walt Disney formally dedi- fornia. Mr. Speaker, reserving the right sustained delight his creations have in- cated Disneyland on July 17, 1955, he stated to object, I would first like to thank spired in millions of Americans, young that he hoped the park would be ‘‘... a my friend from Virginia for bringing up and old, for more than 70 years. source of joy and inspiration to all the this legislation today as well as the Not content with just his screen cre- world’’; distinguished Republican leader for al- ations, Walt Disney was inspired by his Whereas Walt Disney’s original venture in daughters to create a special place Anaheim has expanded from a single theme lowing it to be considered under unani- park with one hotel into a full-scale Resort mous consent. I would also like to ex- where adults and children could have with two world-class theme parks, 2,200 hotel tend my thanks to the ranking member fun together. In 1955, he realized this rooms and 40 restaurant and retail locations; of the Government Reform Committee dream with the opening of Disneyland Whereas the success of Walt Disney’s and my fellow Californian for his sup- in Anaheim, California. In the park’s dream has launched an industry and sparked port, and, of course, our leader, the formal dedication, he expressed his an empire of fun that now spans the globe, gentlewoman from California. hope that Disneyland would be ‘‘a attracting millions of visitors on three con- Mr. Speaker, Disneyland is the treas- source of joy and inspiration to the tinents every year; world.’’ It is no exaggeration to say Whereas Walt Disney opened Disneyland ure of the 47th Congressional District with 1,280 cast members in 1955 and today of California, and it is also a national that his dream has become a reality. Walt Disney Parks and Resorts employs treasure. Its doors first opened 50 years Now, millions of people around the more than 100,000 cast members worldwide; ago, on July 17, 1955. This bill com- world benefit from his inspiration at Whereas in the spirit of Walt Disney mil- memorates the anniversary, which will Disneyland and the many other family- lions of dollars in cash, in-kind gifts, and be celebrated this weekend in my oriented Disney theme parks, cruise volunteer services are provided to hundreds hometown of Anaheim, California. The lines, and resorts. Much like his mov- of non-profit groups, touching the lives of bill also celebrates the extraordinary ies, a visit to Disneyland is a cherished thousands of people; and Whereas Walt Disney’s creation of life of its creator and visionary, Mr. memory of countless childhoods. Walt Disney was an unrivaled imagi- Disneyland was, perhaps, the single greatest Walt Disney. family entertainment achievement of the Since Disney introduced his lovable native visionary. Through his gifted 20th century—introducing an entirely new Mickey Mouse to the world in 1928, his imagination, he has touched nearly all concept in outdoor entertainment and estab- creations and his legacy have been a of us and left our culture far richer lishing an icon of fun and magic known joy and an inspiration to this country than he found it. around the world: Now, therefore, be it and to every corner of the globe. Mr. Speaker, I thank the gentle- Resolved, That the House of Representa- Disneyland and the world of Disney, of woman for yielding. tives— course, have gone far beyond its hum- Ms. LORETTA SANCHEZ of Cali- (1) celebrates Walt Disney’s contributions fornia. Mr. Speaker, I withdraw my to our Nation; and ble beginnings. Disneyland, itself, has (2) congratulates Disneyland, ‘‘the grown from a single theme park with reservation of objection. The SPEAKER pro tempore (Mr. Happiest Place on Earth’’, on the occasion of one hotel into a full-scale resort with its 50th Anniversary. MCHENRY). Is there objection to the re- two world-class theme parks; 2,200 quest of the gentleman from Virginia? The resolution was agreed to. hotel rooms; and 40 restaurant and re- There was no objection. tail locations. And it is Orange Coun- AMENDMENT TO THE PREAMBLE OFFERED BY The Clerk read the resolution, as fol- MR. TOM DAVIS OF VIRGINIA ty’s leading employer, directly employ- lows: Mr. TOM DAVIS of Virginia. Mr. ing 2,000 individuals and supporting an H. RES. 355 additional 45,700 jobs. Speaker, I offer an amendment to the Whereas in the summer of 1923, Walt Dis- preamble. It is, therefore, my pleasure and ney independently produced a cartoon called honor to recognize the 50th anniver- Alice’s Wonderland, and he decided that he The Clerk read as follows: sary of Disneyland, for as we say in could use it as his ‘‘pilot’’ film to sell a se- Amendment to the preamble offered by Mr. Anaheim, it is the happiest place on ries of Alice comedies to a distributor; TOM DAVIS of Virginia:

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.078 H14PT1 H5884 CONGRESSIONAL RECORD — HOUSE July 14, 2005 H. RES. 355 Mr. EDWARDS. Mr. Speaker, it has The SPEAKER pro tempore. Under a Whereas Walter Elias Disney, an imagina- now been 14 days since this House previous order of the House, the gen- tive visionary who changed the face of Amer- could have sent to the President a $1.5 tleman from Indiana (Mr. BURTON) is ican culture, was born in 1901; billion emergency spending bill to recognized for 5 minutes. Whereas in the summer of 1923, Walt Dis- solve the health care crisis facing (Mr. BURTON of Indiana addressed ney independently produced a cartoon called America’s veterans. Unfortunately, the the House. His remarks will appear Alice’s Wonderland, and he decided that he hereafter in the Extensions of Re- could use it as his ‘‘pilot’’ film to sell a se- House leadership chose not to support ries of Alice comedies to a distributor; the bill that passed unanimously on a marks.) Whereas Walt Disney’s primary cartoon bipartisan basis by the Senate 2 weeks f character, Mickey Mouse, has delighted mil- ago. Unfortunately, to compound that ORDER OF BUSINESS lions of children and adults around the world error, the leadership, I guess, decided a since his debut in 1928; vacation for House Members tomorrow Mr. PAUL. Mr. Speaker, I ask unani- Whereas Walt Disney personally won 32 was more important than resolving mous consent to take my Special Order Academy Awards for his work, including a this serious health care crisis, where at this time. special award for the creation of Mickey The SPEAKER pro tempore. Is there today as we speak there are veterans Mouse, a special award for Snow White and objection to the request of the gen- not getting the care they deserve be- the Seven Dwarfs, and the prestigious Irving tleman from Texas? Thalberg Memorial Award given by the cause of the shortfall of funding. There was no objection. Academy of Motion Picture Arts and To add insult to injury, the White Sciences; House budget director just said a few f Whereas Walt Disney introduced the world minutes ago to the Budget Committee SUICIDE TERRORISM to his special brand of entertainment at the that VA funding over the last 3 years The SPEAKER pro tempore. Under a 1964–1965 New York World’s Fair, which in- has actually been too much. So the corporated four Disney shows, including previous order of the House, the gen- Great Moments with Mr. Lincoln, a tribute White House budget director is saying tleman from Texas (Mr. PAUL) is recog- to the 16th President of the United States; we funded too much for veterans health nized for 5 minutes. Whereas Walt Disney’s original vision of a care over the last 3 years. I think vet- Mr. PAUL. Mr. Speaker, more than place for children and adults to have fun to- erans across America are going to be half of the American people now be- gether was inspired by his two daughters; outraged that that is the position of lieve that the Iraqi war has made the Whereas Walt Disney’s ‘‘dream of a place this administration. U.S. less safe. This is a dramatic shift where parents and children could have fun We are facing a crisis today because in sentiment from 2 years ago. Early together’’, became a reality with the opening we have underfunded VA health care. support for the war reflected a hope for of Disneyland in Anaheim, California, and subsequently in the opening of additional We should correct it before Congress a safer America, and it was thought to theme parks, cruise lines, and resorts world- takes one more day of recess or vaca- be an appropriate response to the 9/11 wide; tion. attacks. This argument was that the Whereas when Walt Disney formally dedi- enemy attacked us for our defense of f cated Disneyland on July 17, 1955, he stated freedom, our prosperity, and our way of that he hoped the park would be ‘‘... a NEW YORK TIMES REPORTER life. It was further argued that it was source of joy and inspiration to all the REMAINS JAILED important to engage the potential ter- world’’; (Ms. JACKSON-LEE of Texas asked rorists over there rather than here. Whereas Walt Disney hosted dignitaries at Many bought this argument and sup- Disneyland, including Presidents Harry Tru- and was given permission to address man, Dwight Eisenhower, John F. Kennedy, the House for 1 minute and to revise ported the war. That is now changing. It is virtually impossible to stop de- and Richard Nixon, and his legacy of hospi- and extend her remarks.) termined suicide bombers. Under- tality has extended to Presidents Jimmy Ms. JACKSON-LEE of Texas. Five standing why they sacrifice themselves Carter, Gerald Ford, Ronald Reagan, and days and counting, Mr. Speaker, and George H. W. Bush; is crucial to ending what appears to be the only one in jail today on the issue Whereas 2005 is the 50th anniversary of senseless and irrational. But there is of a cover-up is Judith Miller, a re- Disneyland; an explanation. Whereas Walt Disney’s dream has launched porter with integrity at the New York I, like many, have assumed that the an industry and sparked an empire of fun Times. I am well aware of the fact that driving force behind the suicide at- that now spans the globe, attracting millions there is an ongoing investigation. But tacks was Islamic fundamentalism. of visitors on three continents every year; truth has an uncanny ability of open- and Promise of instant entry into paradise ing the doors and clarifying and, as as a reward for killing infidels seemed Whereas the Walt Disney Foundation well, providing justice. strives to promote discourse, writing, and to explain the suicides, a concept that Judith Miller believes in the first scholarship about the life, work, and philos- is foreign to our way of thinking. The ophy of Walt Disney: Now, therefore, be it amendment. She also believes in the world’s expert on suicide terrorism has right to protect sources. I want the Mr. TOM DAVIS of Virginia (during convinced me to rethink this simplistic truth on who exposed the undercover the reading). Mr. Speaker, I ask unani- explanation that it is merely an ex- CIA agent, a woman. But I believe it is mous consent that the amendment to pression of religious extremism and re- patently unfair because of the lack of a the preamble be considered as read and sentment of a foreign culture. shield law that Judith Miller still printed in the RECORD. Robert Pape, author of ‘‘Dying to stands in jail. In essence, I consider her The SPEAKER pro tempore. Is there Win,’’ explains the strategic logic of a political prisoner, and I think it is objection to the request of the gen- suicide terrorism. Pape has collected a appropriate for the United States Con- tleman from Virginia? database of every suicide terrorist at- There was no objection. gress to stand up and defend Judith tack between 1980 and 2004, all 462 of The SPEAKER pro tempore. The Miller, as she should be released. them. His conclusions are enlightening question is on the amendment to the The investigation should proceed. and crucial to our understanding the preamble offered by the gentleman The truth should be known. But those true motivation behind the attacks who know the truth need to come up from Virginia (Mr. TOM DAVIS). against Western nations by Islamic ter- The amendment to the preamble was and own to the truth so that Judith rorists. After his exhaustive study, agreed to. Miller, a reporter who tries to tell the Pape comes to some very important A motion to reconsider was laid on truth, can be free. conclusions. the table. f Religious beliefs are less important f than supposed. For instance, the Tamil SPECIAL ORDERS Tigers in Sri Lanka, a Marxist secular VETERANS HEALTH CARE The SPEAKER pro tempore. Under group, are the world’s leader in suicide (Mr. EDWARDS asked and was given the Speaker’s announced policy of Jan- terrorism. The largest Islamic fun- permission to address the House for 1 uary 4, 2005, and under a previous order damentalist countries have not been minute and to revise and extend his re- of the House, the following Members responsible for any suicide terrorist at- marks.) will be recognized for 5 minutes each. tack. None have come from Iran or the

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.059 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5885 Sudan. Until the U.S. invasion of Iraq, vened a summit at Camp David with I believe that the United States must Iraq never had a suicide terrorist at- then Israeli Prime Minister Ehud be prepared to take a number of steps tack in all of its history. Between 1995 Barak and Yasser Arafat to seek a to make sure that this withdrawal en- and 2004, the al Qaeda years, two-thirds breakthrough in the peace process that hances the chances for a lasting peace of all attacks came from countries had been moving forward in fits and and puts the parties squarely back on where the U.S. had troops stationed. starts since the signing of the Oslo Ac- the path towards realizing the Presi- Iraq’s suicide missions today are car- cords 7 years earlier. dent’s roadmap for peace. ried out by Iraqi Sunnis and Saudis. As we all know, those talks ulti- As a threshold matter, we must be Recall, 15 of the 19 participants of the mately broke down, despite the parties’ prepared to help Israel absorb the eco- 9/11 attacks were Saudis. being tantalizingly close to resolving nomic costs associated with the dis- The clincher is this: the strongest many of the thorniest issues precluding mantlement of the settlements and the motivation, according to Pape, is not a final status agreement between Israel resettlement of the approximately 8,000 religious but rather a desire ‘‘to com- and the Palestinians. Rather than Jewish settlers within Israel proper. pel modern democracies to withdraw build on the considerable progress that Earlier this week, the Israeli govern- military forces from the territory the had been made at Camp David, Arafat ment made an initial request for $2.2 terrorists view as their homeland.’’ unleashed a second intifada against billion in assistance from the adminis- The best news is that if stopping sui- Israel, a wave of terror that has lasted tration. I understand that the adminis- cide terrorism is a goal we seek, a solu- for nearly 5 years and cost thousands of tration is studying the request, but we must be prepared to consider any even- tion is available to us. Cease the occu- lives. tual request quickly at the appropriate pation of foreign lands and the suicide Now, in just over a month, the Israeli government will begin the dismantle- time. missions will cease. Between 1982 and We also have to work with other na- 1986, there were 41 suicide terrorist at- ment and withdrawal of all 21 of its settlements in Gaza and four other set- tions, members of the Quartet as well tacks in Lebanon. Once the U.S., the as others, to assist the Palestinian peo- tlements in the northern West Bank in French, and Israel withdrew their ple and the government of Mahmoud a bold move designed to increase the forces from Lebanon, there were no Abbas to improve the lives of ordinary prospects for bringing peace to both more attacks. The reason the attacks Palestinians in the wake of the with- Israelis and Palestinians. stop, according to Pape, is that the drawal. Offering an alternative to des- The decision to evacuate Gaza and Osama bin Ladens of the world no titution and death is one of the most part of the West Bank is the result of longer can inspire potential suicide effective tools we have to break the many months of agonizing debate with- terrorists despite their continued fa- cycle of violence. natical religious beliefs. in Israel. On the one hand, there are The U.S. has already pledged $350 Pape is convinced after his extensive those who see any pullback by Israel million in aid to the Palestinians, in- research that the longer and more ex- without security guarantees or other cluding $200 million that was passed tensive the occupation of Muslim terri- tangible steps by the Palestinian Au- earlier this spring. I was pleased to see tories, the greater the chance of more thority as a sign of weakness. The up- that our G–8 partners have pledged ad- 9/11-type attacks on the U.S. He is con- coming withdrawal, these Israelis say, ditional funds, totaling $3 billion, at vinced that the terrorists strategically will be cast by Hamas and other last week’s Gleneagles summit. We are holding off hitting the U.S. at the hardline Palestinian factions as a vic- must insist upon accountability to en- present time in an effort to break up tory in much the same way that sure these are properly spent alle- the coalition by hitting our European Israel’s decision to withdraw its forces viating poverty, providing employ- allies. He claims it is just a matter of from Lebanon in May of 2000 allowed ment, and developing institutions that time if our policies do not change. Hezbollah to proclaim itself the cham- respect the rule of law. It is time for us to consider a stra- pion of the Arab fight against Israel. The U.S. must also redouble its ef- tegic reassessment of our policy of for- Other Israelis, led by Prime Minister forts to choke off the flow of assistance eign interventionism, occupation, and Ariel Sharon, who was the architect of to Hamas, the popular front for the nation-building. It is in our national Israel’s settlement policy after the 1967 Liberation of Palestine-General Com- interest to do so and in the interest of Six Day War, have successfully argued mand, Palestinian Islamic jihad, and world peace. that the disengagement will bolster other factions that oppose peace with Israel’s security, that it represents f Israel. Syria is a major focus of support Israel’s seizing the initiative to alter for these groups and for Hezbollah, b 1515 the status quo with the Palestinians, which is in Lebanon. Damascus must The SPEAKER pro tempore. Under a and that it allows Israel to get its own be made to understand that there is a previous order of the House, the gen- lines of defense and that it will pre- price for its support of terrorism and tleman from Oregon (Mr. DEFAZIO) is empt toxic diplomatic initiatives by that that price will only increase if it recognized for 5 minutes. Arab and European states. refuses to end that support. (Mr. DEFAZIO addressed the House. Ehud Olmert, the Likud mayor of Je- Finally, we must also work to build His remarks will appear hereafter in rusalem, has also repeatedly discussed peace between Israel and the Arab the Extensions of Remarks.) the importance of Israel’s demographic states of the Middle East. While Israel f security. The Palestinian population in has peace treaties with both Egypt and the West Bank and Gaza is a fast-grow- Jordan, relations are not especially ORDER OF BUSINESS ing population that will soon be larger warm, and most of the rest of the Arab Mr. SCHIFF. Mr. Speaker, I ask than that of Israel proper. For Israel to world remains in a technical state of unanimous consent to take my Special maintain a permanent presence in the war with Israel. We need to press our Order at this time. territories would require the sacrifice Arab friends to work towards a com- The SPEAKER pro tempore (Mr. of either Israel’s status as a Jewish prehensive peace with the Jewish state. MCHENRY). Is there objection to the re- state or as a democracy. Mr. Speaker, we are at a remarkable quest of the gentleman from Cali- For those of us who care deeply moment in the search for peace in the fornia? about Israel, Sharon and Olmert have Middle East, but the chance to build on There was no objection. laid out convincing reasons to support Israel’s decision to leave Gaza and the stirrings of democracy in the Arab f the disengagement plan while the op- ponents’ arguments compel us to work world must not be allowed to slip WITHDRAWAL FROM GAZA with both Israel and the Palestinians away. The SPEAKER pro tempore. Under a to ensure that the evacuation is peace- f previous order of the House, the gen- ful and that Hamas and other The SPEAKER pro tempore (Miss tleman from California (Mr. SCHIFF) is rejectionist elements are not in a posi- MCMORRIS). Under a previous order of recognized for 5 minutes. tion to take advantage of Israel’s cour- the House, the gentleman from North Mr. SCHIFF. Mr. Speaker, in the age in seeking to change the dynamics Carolina (Mr. JONES) is recognized for 5 summer of 2000, President Clinton con- on the ground. minutes.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.084 H14PT1 H5886 CONGRESSIONAL RECORD — HOUSE July 14, 2005 (Mr. JONES of North Carolina ad- technology from Iran. And he has erroneous at best and a pack of lies at dressed the House. His remarks will ap- threatened to end diplomatic relations the very worst. pear hereafter in the Extensions of Re- with the United States. So the war was immorally conceived. marks.) Madam Speaker, Hugo Chavez is an That is strike one. And deceptively f enemy of freedom who threatens the marketed, that is strike two. balance of power in our hemisphere. Strike three is the incompetence, the ORDER OF BUSINESS Today I call on the United States to bungling, the repeated misjudgments Mr. MACK. Madam Speaker, I ask pursue a three point plan that will pro- in the execution of the war plan. From unanimous consent to take my Special mote freedom, security and prosperity the dismantling of the Iraqi army to Order at this time. for the people of Venezuela. the lack of protective armor, to the The SPEAKER pro tempore. Is there First, the United States should pro- failure to safeguard munitions and on objection to the request of the gen- mote the creation of institutions that and on. tleman from Florida? will foster a free press, free markets, The most recent proof of mismanage- There was no objection. and the freedom of speech and religion ment appeared in a story in this week- f and free and fair elections for Ven- end’s Washington Post. Americans shooting at Americans in Iraq in the A NEW EMERGING THREAT TO ezuela, including the establishment of a Venezuelan counterpart of Radio and President’s war that has become so FREEDOM IN LATIN AMERICA: mismanaged that I believe we are HUGO CHAVEZ TV Marti. Second, the United States should es- fighting ourselves. Have we become our The SPEAKER pro tempore. Under a tablish a Venezuelan Security Zone own prisoners of war? previous order of the House, the gen- that will isolate Chavez and limit his Now, finally, someone has begun to tleman from Florida (Mr. MACK) is rec- ability to destabilize Latin America. own up to the mistakes. Outgoing Pen- tagon official Douglas Feith in an ognized for 5 minutes. This new zone would restrict Hugo interview with the Washington Post Mr. MACK. Madam Speaker, I ran for Chavez’s ability to purchase arms, nu- conceded that, among other things, we Congress on the ideals of freedom secu- clear information and technologies, may have gone to Iraq with too light a rity and prosperity because these are and weapons of mass destruction. It force. The amazing part of that insid- the ideals that define America, and would also make it more difficult for ers’ information and others like Mr. they are the necessary ingredients for Hugo Chavez to enter into commerce, Feith’s is that they have been cooking a better quality of life for people trade or alliances with other nations up the Iraq invasion since the early around the world. led by dictators and anti-American fa- 1990s, more than a decade in the mak- And though freedom is on the march natics. And it would require the res- in many places around world, in Latin ing. And they still could not get it toration of an independent judiciary right. It is inconceivable to me that we America, a resurgence of socialists, committed to representing and pro- communists and anti-freedom move- would send our troops into battle not tecting the rights of all Venezuelans. only under-equipped but also under- ments and alliances represent a new Third, the United States should pro- emerging threat that must be stopped. manned. mote economic development in Ven- One way the military has tried to At the root of Latin America’s re- ezuela through free markets, privatiza- newed anti-Americanism is Venezuela’s keep troop levels down is by tion and other means that will create outsourcing many functions to private Hugo Chavez. In the years since Hugo lasting prosperity and opportunity for Chavez first took office as a democrat- contractors. By some estimates, there all Venezuelans. are as many as 100,000 contractors ically elected leader, he has retreated Madam Speaker, President Reagan from the ideals of freedom, security, roaming around Iraq. Many of them tore down a wall and liberated a gen- armed, apparently accountable to no and prosperity and began his own eration. President Reagan once said, march toward oppression and socialism one, acting independently of the mili- ‘‘Freedom is a fragile thing and is tary chain of command without any modeled after his mentor, Fidel Castro. never more than one generation away oversight, unbound by an official code And let me give a few examples: In from extinction. It is not ours by in- of conduct. Hugo Chavez’s Venezuela, there is no heritance; it must be fought for and de- Let us leave aside the issue of how free press. Just state-controlled, anti- fended constantly by each generation.’’ contractors are paid much more than American, anti-freedom propaganda. President Reagan’s steadfast com- our troops or whose pockets are get- There is no freedom of speech, no free- mitment to freedom should have left a ting lined here. It has been documented dom of dissent, and no freedom to lasting lesson on all of us, but it did that companies with close ties to the stand in opposition to the Chavez re- not. And the foreign policy debate in administration have been rewarded gime. Just days ago, for example, sev- this body could not be more dramatic. with these lucrative contracts, and the eral leaders of the opposition group Those on the left have demonstrated government has been, shall we say, Sumate were charged with treason and they believe in peace at any price even very forgiving when their buddies over- conspiracy simply for accepting money if that price is the loss of freedom. charge and bilk American taxpayers. from the National Endowment for De- Those of us on the right believe that But think about what it means to our mocracy to help educate their fellow freedom is worth fighting for and that troops on the ground to have well- citizens about Venezuela’s constitu- together freedom, security, and pros- healed contractors co-existing with un- tional referendum process. In Hugo perity will yield lasting peace. derpaid active duty soldiers who are Chavez’s Venezuela, the government Madam Speaker, make no mistake cogs in a rigid hierarchy, who are doing owns the country’s key industries and about it, Hugo Chavez is a threat. We the unglamorous work, who are lucky controls the economy, the flow of cap- must take him seriously, and we must if full health care benefits are awaiting ital, jobs and opportunity. Hugo Cha- act now. them when they get home. The result vez holds the hopes, dreams and oppor- f is resentment, low morale, and a weak- tunities for an entire nation firmly in ened military. his fists. THE WAR IN IRAQ The only real solution is to bring our In the years since he came to power, The SPEAKER pro tempore. Under a troops home from Iraq as soon as pos- Hugo Chavez has hijacked the courts previous order of the House, the gentle- sible. I have been calling for an end to and installed his cronies and allies to woman from California (Ms. WOOLSEY) the occupation for many months now, manipulate the country’s constitution is recognized for 5 minutes. and nothing has happened in Iraq that and legal system. He has forged a dan- Ms. WOOLSEY. Madam Speaker, would force me to reconsider. Ending gerous alliance with Fidel Castro and when the doctrine of preemptive war the war would be the beginning of a is now receiving military and intel- was first introduced, I suggested that complete reassessment of U.S. national ligence assistance and training from it was unconscionable. Then the origi- security policy. I have offered what I Castro’s government. He has acquired nal case for war, weapons of mass de- call SMART Security. That stands for 100,000 machine guns from Russia and struction and a link between al Qaeda Sensible, Multilateral, American Re- admitted to trying to acquire nuclear and Saddam Hussein, turned out to be sponse to Terrorism.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.087 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5887 b 1530 Mr. Lund produced documentation to prove ley Fighting Vehicle while he was on At the heart of SMART is the belief that he had indeed filed the necessary paper- patrol near Adwar, Iraq on June 8. that military action should be an abso- work well in advance, and that Principal Lieutenant Fasnacht was a native of lute last resort, to be reluctantly pur- Corbett refused to act on it. Janesville, Minnesota who served his sued only after every channel has been Regardless of the reason, this treatment of country honorably. He lived in Man- exhausted. one of our heroes returning from Iraq is unac- kato, Minnesota with his wife, Tresa. SMART Security means fighting ter- ceptable and inexcusable. An Army Ranger, Michael had fol- rorism with strong diplomacy, robust Under no circumstances should Sergeant lowed in the footsteps of his father, multilateral alliances, and improved Richardson have been denied the opportunity Raymond, who served in the Army dur- intelligence capabilities. It means to speak to the students with whom he had ing the Vietnam War. He graduated being vigilant about nuclear prolifera- been corresponding. from Minnesota State University in tion and the spread of other weapons of But just as damaging as the disrespect Mankato, Minnesota. He developed his mass destruction. It means more in- shown to Sergeant Richardson was the impact leadership skills as an outstanding vestment in homeland security and en- of this disrespect on the 6th grade students member of the ROTC program. Lieu- ergy independence, and less in obsolete, who were waiting to welcome this veteran. tenant Fasnacht’s mother, Marny, Cold War weapons systems. And They witnessed their Principal kick a Marine said, ‘‘He believed strongly in what he SMART Security is about attacking just back from the front off school property, was doing. He definitely believed the terrorism at its very roots with an am- giving our children a real-life lesson in dis- Iraqi people deserved freedom from tyr- bitious, international development respecting our military. anny.’’ agenda that brings education, debt re- We have a lesson to teach at Anna White Madam Speaker, it is with great sad- lief, democracy-building, and economic Carson Middle School—and across this coun- ness that I honor the memory and serv- development to the impoverished na- try. That lesson should be that disrespect for ice of this brave American. Michael tions of the world. America’s service men and women by public Fasnacht made the ultimate sacrifice SMART is tough, pragmatic, and pa- officials will simply not be tolerated by the in the selfless defense of freedom and triotic. It protects America by relying people of this country. democracy. Today, the lamp of liberty on the very best of American values: But before we scream too loudly about the burns brightly across the globe, thanks our commitment to freedom, our com- speck in the eye of Greene County public to young men like Lieutenant passion for the people of the world, and schools, we need to take a look at the log in Fasnacht who are serving on the front our capacity for global leadership. the eye of this Congress. lines. Indeed, these Americans in uni- Mr. Speaker, there was nothing Senator DICK DURBIN of Illinois stood on the form are the new ‘‘Boys of Pointe du smart about a war plan that tried to floor of our Senate and compared our military Hoc.’’ cut corners by sending in too few sol- prisons to those of Nazi Germany. Like countless Americans before diers. In fact, there is nothing smart at Members of this Congress have whined them, these men and women know all about this war. Nearly 2,000 Ameri- about whether a book was mistreated at firsthand what President Bush meant cans dead, a recharged insurgency, po- Guantanamo, while the comrades of those when he said that ‘‘freedom isn’t Amer- litical and economic chaos in Iraq, and Guantanamo prisoners cut the heads off inno- ica’s gift to the world; freedom is God’s no end in sight; an immoral war, a dis- cent, unarmed, civilian prisoners in their cus- gift to mankind.’’ Everywhere the em- honest war and, now, even a senior tody. bers of freedom burn hot, people like Pentagon official, Douglas Feith, ad- Any reasonable person can see that com- Michael Fasnacht are there to give the mits, a mismanaged war. That is strike ments such as these plant seeds of disdain embers flame. three, they are out. against America, here and abroad. I thank Lieutenant Fasnacht for his Are these comments and actions against service, and I thank the Fasnacht fam- f our military forces now actually encouraging ily for giving their loved one to this DEFENDING THE HONOR OF OUR new attacks by our enemies in London and service. I hope it brings them some TROOPS Baghdad? comfort to know that the thoughts and Madam Speaker, we cannot win this war if prayers of thousands of Minnesotans The SPEAKER pro tempore (Mr. we continue to allow a handful of public offi- are with them. MCHENRY). Under a previous order of cials to undermine our efforts with irrespon- f the House, the gentleman from Georgia sible comments and actions without paying a ORDER OF BUSINESS (Mr. NORWOOD) is recognized for 5 min- price—here and all across our country. utes. f Ms. NORTON. Madam Speaker, I ask Mr. NORWOOD. Mr. Speaker, the pro- unanimous consent to take my Special tection we have enjoyed here at home since EXCHANGE OF SPECIAL ORDER Order at this time. we took the fight to the enemy has been pur- TIME The SPEAKER pro tempore. Is there chased with the sacrifices of our men and Mr. GUTKNECHT. Madam Speaker, I objection to the request of the gentle- women in uniform. The very least we can do ask unanimous consent to take the woman from the District of Columbia? in return is to show them honor and respect time of the gentleman from Georgia There was no objection. when they come home. (Mr. NORWOOD). f According to the Greensboro Herald-Jour- The SPEAKER pro tempore (Miss FUNDING FOR MASS TRANSIT nal, middle school teacher Michael Lund of MCMORRIS). Is there objection to the Anita White Carson Middle School in Greens- request of the gentleman from Min- The SPEAKER pro tempore. Under a boro, Georgia had that intention when he in- nesota? previous order of the House, the gentle- vited his old college roommate, Marine Sgt There was no objection. woman from the District of Columbia Zach Richardson to speak to his middle f (Ms. NORTON) is recognized for 5 min- school students about his experiences in Iraq. utes. The children in Mr. Lund’s class had been HONORING THE MEMORY OF FIRST Ms. NORTON. Madam Speaker, pen pals with Sergeant Richardson and sev- LIEUTENANT MICHAEL FASNACHT Homeland Security Secretary Chertoff eral of his fellow Marines in Iraq, so everyone The SPEAKER pro tempore. Under a came before our Committee on Home- was excited about finally getting to meet in previous order of the House, the gen- land Security with his second review of person. tleman from Minnesota (Mr. GUT- the agency. It was an impressive re- Imagine the surprise when he and Mr. Lund KNECHT) is recognized for 5 minutes. view. Of course, the promise lies in the were intercepted outside the classroom by Mr. GUTKNECHT. Madam Speaker, I implementation, but he has done a School Principal Ulrica Corbett. She de- rise today to honor the memory of competent job there. manded Mr. Lund escort Sergeant Richardson First Lieutenant Michael Fasnacht, Astonishingly, though, Madam off school grounds immediately. who served in the Third Infantry Divi- Speaker, he mentioned not one word Principal Corbett later told the media that sion from Fort Benning, Georgia. about London or about the vulner- Mr. Lund did not have approval for a guest Lieutenant Fasnacht died when a ability of rail and public transpor- speaker to come on campus. roadside bomb exploded near his Brad- tation in the United States, even

VerDate jul 14 2003 04:57 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.090 H14PT1 H5888 CONGRESSIONAL RECORD — HOUSE July 14, 2005 though we are barely 10 days out of transportation, after Madrid, after ing human being, fully vested with the London. There was, as we stood here London, and after a terrible accident rights that we all enjoy. Therefore, this morning, a moment in solidarity involving HAZMAT in South Carolina, even if someone only believes an em- with those who died in London. which could just as easily have been a bryo to be a potential life, they should Madam Speaker, WMATA, our own terrorist event. support the Bartlett bill because it ac- Metro system here, is considerably I beg the House, before we go on Au- complishes, Madam Speaker, the same ahead of most of the country. In fact, gust recess, to do our duty, keep our ends as the Castle-DeGette bill, while WMATA is designated as the lead agen- post-9/11 promise to do what is nec- giving the benefit of doubt and erring cy for emergency coordination for the essary for passenger rail, light rail, fer- on the side of human life. entire region’s transit and commuter ries, buses, the vehicles, the public Having practiced for nearly 30 years rail. We are ahead of most of the coun- transportation that our people get on as a pro-life OB–GYN, I cosponsored try, after Oklahoma City began to take every day to go to and from work. the Bartlett bill, because it represents real action that most still have not There is still time to do it. I do not the most moral and judicious solution begun to take. In June, 19 million peo- think we would want to go home when to the stem cell research debate. ple rode WMATA. That breaks all of its every single Member will have a ques- Madam Speaker, the Bartlett bill records. Many of those were constitu- tion like this: What have you done for would provide funding to the NIH, the ents of the Members of this House and our subways? What have you done for National Institutes of Health, $15 mil- the Senate, because 20 million visitors our buses? We do not need to go home lion for the creation of a research pro- come annually to the District of Co- and say ‘‘nothing,’’ Madam Speaker. gram focused on perfecting the nec- lumbia. f essary techniques to extract stem cells WMATA indicates that its most The SPEAKER pro tempore. Under a from an embryo without, let me repeat, pressing needs are current WMD detec- previous order of the House, the gen- without harming the embryo in any tion equipment, decontamination tleman from Pennsylvania (Mr. way, shape, or form. This bill further equipment and testing, surveillance FITZPATRICK) is recognized for 5 min- acts in a responsible manner by man- systems, antiterror equipment for utes. dating that no human embryos be transit police, video cameras for buses. (Mr. FITZPATRICK of Pennsylvania harmed or destroyed, even in the ini- Remember, this is one of the best pre- addressed the House. His remarks will tial perfection of the technique, for the pared systems in the country. Yet, Madam Speaker, yesterday, appear hereafter in the Extensions of research will be done on nonhuman pri- Remarks.) mates. Democratic Leader PELOSI, Ranking Member THOMPSON of the Committee f The Bartlett bill represents an ac- ceptable compromise to most Ameri- on Homeland Security, and other ORDER OF BUSINESS Democratic leaders stood with me as I cans, because they would like to see reintroduced the Secure Trains Act, an Mr. GINGREY. Madam Speaker, I scientific advancement to cure diseases act I first introduced more than a year ask unanimous consent to take my such as Type 1 diabetes, Alzheimer’s, ago, simply to bring the country some- Special Order at this time. Parkinson’s, spinal cord injury, while where approaching where we have now, The SPEAKER pro tempore. Is there making sure human life is never ex- for some time, been in aviation, having objection to the request of the gen- ploited or harmed in the process. gotten there for aviation after the fact. tleman from Georgia? Madam Speaker, I am also very We are breaking the post-9/11 promise There was no objection. pleased to see that Majority Leader that we would never be caught flat- f FRIST has decided to shepherd a similar footed again. In fact, the President’s bill in the Senate. This marks an im- STEM CELL RESEARCH 2006 budget eliminated dedicated mass portant step in advancing morally transportation funding all together. I The SPEAKER pro tempore. Under a sound and acceptable stem cell re- trust that we will put it back, or some- previous order of the House, the gen- search. This Congress truly has an in- thing back, before we go on August re- tleman from Georgia (Mr. GINGREY) is credible opportunity to send to the cess. Ninety percent of the funds that recognized for 5 minutes. President’s desk a stem cell research we have allocated have been for avia- Mr. GINGREY. Madam Speaker, I bill that respects human life and sup- tion security. Yet 9 billion passenger rise to address the matter of stem cell ports scientific advancement. trips are made annually on rail and on research, in light of the emergence of I would again like to thank the gen- public transportation. What are we viable alternatives that would continue tleman from Maryland (Mr. BARTLETT) thinking? scientific discovery while respecting for taking the lead on this issue and for This bill, a modest $3.8 billion for the human life in all forms and in all finding an acceptable and moral solu- basics: cameras, communications sys- stages. tion. I also extend my gratitude to tems, explosive detection, security up- I also rise today as a proud cosponsor Senator FRIST for his efforts to ad- grades on tracks and tunnels. Is this of H.R. 3144, the Respect For Life vance this bill in the Senate. I encour- too much to ask? More than 4 years Pluripotent Stem Cell Act of 2005. I age all of my colleagues, both Demo- after 9/11, is this too much to ask, fol- further would like to thank the gen- crat and Republican, both pro-life and lowing more than 50 dead in London, tleman from Maryland (Mr. BARTLETT) pro-choice, to take a good hard look at almost 200 dead in Madrid, hundreds in- for not only his steadfast commitment the Bartlett bill. I think they will see jured when you tally them both to- to scientific advancement, but also his that it is the best option to fight dis- gether? steadfast commitment to defending the ease and find cures in a responsible Mr. Chertoff allowed as how $8.6 bil- sanctity of human life. manner. lion was ‘‘available for transit opera- In a debate that has been dominated This marks an opportunity for this tors’’ under one of the homeland secu- by an it-is-the-only-way approach, the Congress to put partisanship aside and rity programs. What he was talking gentleman from Maryland (Mr. BART- just do the right thing. Madam Speak- about, Madam Speaker, is that a local LETT) has introduced a solution that er, the American people expect no less jurisdiction can use transit for transit could achieve the same objective as the of us. security money, money that we have Castle-DeGette bill, while preserving allocated for first responders. I do not human life at its most vulnerable believe we mean transit security to be stage. f the stepchild of homeland security Madam Speaker, I recognize that The SPEAKER pro tempore. Under a when that is where the people are. Far people of goodwill can disagree on the previous order of the House, the gen- more people than ever consider getting matter of when human life begins. tleman from Ohio (Mr. BROWN) is rec- on an airplane, and we are borrowing However, no one can dispute that an ognized for 5 minutes. from first responders who are scream- embryo is at least potential life; and (Mr. BROWN of Ohio addressed the ing that they do not have enough funds many people, my physician self in- House. His remarks will appear here- in order to skim off money for rail cluded, believe an embryo to be a liv- after in the Extensions of Remarks.)

VerDate jul 14 2003 04:57 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.093 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5889 ORDER OF BUSINESS istence of our military there and the And I hope if we ever take this coun- Ms. JACKSON-LEE of Texas. Madam children coming to them to receive try to war again, whatever president it Speaker, I ask unanimous consent to candy, much of what I have seen when may be, Democratic or Republican, take my Special Order at this time. I visited the soldiers, because they care that we will do so with a constitutional The SPEAKER pro tempore. Is there and they love, the soldiers were endan- vote under the Constitution, because objection to the request of the gentle- gered, the children were endangered, we recognize when America is at war, woman from Texas? and we saw the killing of children in we come together as one, we support There was no objection. Iraq, the ravages of war. our troops. And then of course in the last 24 But the way that we go to war is the f hours, the Green Zone that is supposed key. And victory will come to those THE RAVAGES OF WAR to be safe, the very place that I slept who understand process and understand The SPEAKER pro tempore. Under a while I was in Iraq, had two explosions. plan and understand solution and un- previous order of the House, the gentle- So that means that our command and derstand exit strategies, success strate- woman from Texas (Ms. JACKSON-LEE) our soldiers that come there for com- gies. is recognized for 5 minutes. fort, our contractors are not safe. The And so, Madam Speaker, I think it is Ms. JACKSON-LEE of Texas. Madam ravages of war. The explosions in the important, as I pay tribute to Nathan- Speaker, today I speak about the rav- Green Zone. iel Parker who was buried today, a ages of war. I also say to my colleagues There is no safety in Iraq. And then young soldier who served his country that there is no claim of being unpatri- when you talk to the Iraqi people, they in Iraq, that we say to the Nathaniel otic when you desire to speak of peace. say, We have no running water, we Parkers whose medical system here in have no electricity, we cannot send our The ravages of war can generate much the United States failed him, not on children to school. Meeting with devastation, not only in our domestic our clock, not on our watch will this women there, they said that they are society, but also internationally. ever happen again, not at Abu Ghraib, in fear of their lives, and their children I rise today, first of all, to pay trib- or not the tragedies of loss of life, not cannot go to school. ute to a young man who lived in my anything that spoils the Democratic There is no solution that seems to be community who was buried today, a to bring about peace. And then, of thrust of America. It will not be on our young officer in the United States course, there is discussion of whether clock. And I ask my colleagues to work military, enlisted personnel, young and or not our military should be inside with us to bring our troops home. bright and committed to serving his Iraq or really at the borders to stop the f country. In actuality, he died serving insurgents or those who come to do his country. The SPEAKER pro tempore. Under a terrorists acts from coming inside into previous order of the House, the gen- b 1545 the country. tleman from Illinois (Mr. EMANUEL) is Mr. Speaker, it was not by the ordi- Most importantly, as we give the recognized for 5 minutes. nary manner in which you might have deepest sympathy to our friends in (Mr. EMANUEL addressed the House. thought he may have lost his life, he London, England, we offer to our pray- His remarks will appear hereafter in did not suffer a wound, but he was a ers to their families. We realize that the Extensions of Remarks.) the terrorism was not one that came casualty of war. f For he was sent into Iraq already ail- inside, it existed inside the country, and we realize that that terrorism is ing, but because of the need for the re- ANNOUNCEMENT BY THE SPEAKER what we should be focused on, and the cruiting numbers and the necessity of PRO TEMPORE fact that Iraq continues to churn in the meeting quotas, he was sent to Iraq. minds of those who think that we are The SPEAKER pro tempore (Miss And he served ably. not the great Nation that we are, it MCMORRIS). The Chair would just re- But he was carried out on a stretch- continues to foster in the minds of mind persons in the gallery that they er, because, unfortunately, he suffered those that they should do evil things. are here as guests of the House, and it liver failure. No matter how our young And so it is important for the Presi- is not appropriate to show any signs of men and women, enlisted personnel, dent and this administration to set a approval or disapproval of the pro- Reservists and National Guard lose timeline, not a date certain, but a ceedings. their life in the line of battle, we owe timeline to bring our troops home. For f them a great debt of gratitude. And so the families who are now distraught, The SPEAKER pro tempore. Under a to his mother today as she buried her the Reservists and the National Guard son, I offered to her my deepest sym- families who cannot make ends meet, previous order of the House, the gentle- pathy. and, of course, for a war that is churn- woman from North Carolina (Ms. FOXX) Unfortunately, things do not work a ing in the minds of those who believe is recognized for 5 minutes. lot of times when we think of the way that that is all that America rep- (Ms. FOXX addressed the House. Her our government should, and that is resents, it churns, it permeates, it remarks will appear hereafter in the why I account or say that this is part sours, and it turns into evil acts. Extensions of Remarks.) of the ravages of war. The hospital sys- It is important for this Nation to f tem failed Nathaniel Parker, from the stand up and acknowledge that Iraq The SPEAKER pro tempore. Under a hospital system, the military system, must take the leadership of its own previous order of the House, the gen- the veterans system failed him, maybe country. We might be able to stay on tleman from Texas (Mr. EDWARDS) is because they had a billion dollar short- the border, but the constant jeopardy recognized for 5 minutes. fall. of our young men and women on the (Mr. EDWARDS addressed the House. But when he went to the hospital to front lines, not because they are not His remarks will appear hereafter in receive treatment, he was turned away. brave, not because they are not coura- the Extensions of Remarks.) I will not allow that to stand, because geous, because we have no plan, we I will be taking his case and calling for have no solution, and they become tar- f an investigation, because I do not want gets of evilness, the children become GOOD NEWS ABOUT AMERICA’S one single soldier to come home and targets of evilness because we rep- ECONOMY face the doors of the hospitals being resent a certain force in Iraq. shut in their face. The war was based upon misdirection The SPEAKER pro tempore. Under The ravages of war also find that and untruth, and so it is hard to be the Speaker’s announced policy of Jan- children are being killed. How sad it is able to be liberators when there are no uary 4, 2005, the gentleman from Kan- to find that soldiers who simply want- weapons of mass destruction. I would sas (Mr. TIAHRT) is recognized for 60 ed to engage children in Iraq were the simply argue that we must come to- minutes as the designee of the Major- cause or the genesis of children, be- gether, and I am delighted to be on the ity Leader. cause of a horrible suicide bomber, an bipartisan legislation that speaks Mr. TIAHRT. Madam Speaker, I plan evil person, yes, but because of the ex- about an orderly timeline. on spending most of the next hour

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.097 H14PT1 H5890 CONGRESSIONAL RECORD — HOUSE July 14, 2005 talking about how we are going to cre- the land of opportunity where innova- move ahead of the United States in the ate an environment in America to cre- tion has thrived. But our status is next decade. In fact, the 2005 Index of ate and keep jobs here not only tomor- changing, and we must do something Economic Freedom by the Heritage row and in the future, but for long, about it to address it. I have estab- foundation ranked the United States long term purposes. lished the House Economic Competi- 13th in the world. For the first time, we First of all, though, I wanted to talk tive Caucus to take a long-term vision have dropped out of the top 10. This is a little bit about the good news in our approach to addressing competitive- due both to other Nation’s progress and economy that we have seen lately. On ness issues. economic competitiveness as well as July 8, the White House released some Because the best ideas usually come our own barriers that have been rising economic information that was very from Main Street and not from Wash- up and stopping the growth in our good for America. In the month of ington, D.C., we have joined efforts thriving economy. June, 146,000 new jobs were created. with business leaders to focus on re- This development is not a temporary The payroll rose by that much. That moving barriers on the American econ- blip on the radar screen; it is the cul- makes 3.7 million jobs that have been omy, and that way, we can develop new mination of a generation of increased created since May 2003. economic goals for the future and find regulation, unsound tax policies, lan- We have seen steady gains over the paths to get there. guishing emphasis on math and science last 25 months. And today, more Amer- The United States has the number education, unchecked health care icans are working than ever before. It one economy in the world. We have costs, rampant lawsuit abuse, been the envy of the world. It is a dy- is also important to note that the aver- unfocused research and development namic economy. But we want to make age wage of working Americans is now funds, a lack of comprehensive energy sure that we can continue that status higher than it has ever been before in policy, and weak trade policy enforce- instead of dropping into a third-rate the history of our Nation. The unem- ment. economy. ployment rate also fell to 5.0 percent in In short, our government has made it June. That is the lowest rate that it Last year, we ran a $670 billion an- nual trade deficit. It has contributed to difficult and undesirable to do business has been since September of 2001. in the United States. We have put up So our economy is strong, and it con- our Federal budget deficit, and it has slowed our economy the past few years. road blocks to keeping and creating tinues to grow. Our economic indica- jobs in America. And we have done this tors show strong sustained growth, We have seen other nations move for- ward, though, and do things that I to ourselves. If these current trends both in the real gross domestic product continue, our economy will continue to and in real income. Our durable goods think we ought to take into consider- ation when we build our future econ- lag, and we will no longer remain the orders are on the rise. They have in- most dynamic economy in the world. creased 5.5 percent in May. That is the omy. Ireland, for example, has shifted from Without attention to these matters, largest increase in 14 months. It is well a third world nation in Western Europe the United States is headed toward a above our early estimates. to the envy of the European Union, third-rate economy; 5, 10, 20 years U.S. manufacturing continues to ex- largely due to its tax policies. The down the road, we will no longer be the pand for the 25th consecutive month. Celtic Tiger, as it is known, has low- world’s leader or even in second place. U.S. manufacturing expanded in June. ered its corporate tax to 12.5 percent, That is why we need to take these The purchasing manager’s index in- and that stimulated their economy and issues seriously today. creased 2.4 index points to 53.8, indi- created many jobs. Last year, we began with the com- cating growth above market expecta- India was languishing under the bur- petitiveness legislative agenda on the tions. The nonmanufacturing sector dens of a heavy socialist government, House floor. And over a period of 8 has also showed strong growth. And and now, through a concerted effort, weeks, we discussed and voted on consumer confidence is up by all indi- has reduced regulations, and they have issues relating to keeping and creating ces. stimulated their economy. The President’s second-term agenda jobs in America. Starting this week, China is currently graduating more the jobs action team is again bringing of creating jobs and growing the econ- English speaking electrical engineers omy has been successful. We can at- legislation to the floor to combat this than graduate in the United States. problem. We need to take a longer- tribute this economic growth to the They have focused on education, espe- tax cuts which we hope to make perma- term vision. For these reasons, we have cially in math and science and tech- established the House Economic Com- nent, also to retraining Federal Gov- nology. China is setting up an environ- ernment growth. That helps reduce the petitive Caucus, and this caucus is ment to create their own Silicon Val- going to carefully examine issues fac- deficit. But we also want to go on to ley, and they are trying to attract the make a strong economic environment ing our ability to compete economi- world’s technological business. cally for the coming years. in the future. Brazil has achieved what some be- We will work to focus congressional One of the ways that we are going to lieve to be a pipe dream. They are pro- efforts on removing barriers to the do that here in the House of Represent- jected to be completely energy self-suf- economy to make America more com- atives was started this morning. This ficient within a couple of years. It took petitive. We are going to develop eco- morning, we kicked off the Economic them years to develop the type of re- nomic goals and find paths to get to Competitiveness Caucus. We started newable energy that they needed, but those goals. with a press event this morning that now they are leaders in ethanol produc- included the leader of the House, the tion, and their economy is not suf- Now, the areas that we are going to Majority Leader of the House, the gen- fering from the current high crude oil focus on are in eight different issues. tleman from Texas (Mr. DELAY), the prices. They start here on this placard that I Majority Whip of the House, and the Chile has become an economic leader have. We have health insurance. We gentleman from Missouri (Mr. BLUNT). in Latin America by breaking down the have had the highest rising health in- We also had the Secretary of Com- barriers and doing business within surance costs in recent history. And it merce, Secretary Gutierrez, and we had their nation. Their emphasis has been has made it very difficult for small a representative from the Small Busi- on signing free trade agreements. It businesses to provide health care to ness Association, Tom Sullivan. We has been very fruitful for them. Last their employees. It has been difficult also had former Governor John Engler, year, they signed free trade agreements for large corporations to meet their the President of the National Associa- with the United States, with South health care needs. And so health care tion of Manufacturers, along with Korea. Chile is currently working on costs has to be an issue that we address about 20 Members of Congress. negotiations with China, India, New in making America more competitive. For almost two centuries, America Zealand, Singapore, Japan and Aus- We also have bureaucratic red tape has been the envy of the world with our tralia. And they will continue to termination as one of the issues that economy. It has been dynamic. It has thrive. we need to work on. We have already been supported by a hardworking moti- For these reasons, these nations and focused on that earlier this week. I will vated workforce. We have truly been other world economies are poised to talk about it a little more.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.102 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5891 Lifelong learning is one of the issues, sity in Wichita, Kansas at the National businesses, mostly small businesses, because we are seeing now other econo- Institute of Aviation Research, we do produced 146,000 new jobs; and that un- mies and other nations focusing on research on composite manufacturing, employment for June 2005 fell to just 5 technologies, focusing on engineering, on stress loads for composites, on com- percent, the lowest since 9/11, and focusing on math and science. posite repairs; and that research is many economists call that full employ- b 1600 available to anybody inside the United ment. States, anybody in the world. They can Tuesday, the Office of Management And here in America we are having get online and find out the data, find and Budget reported that a surge in tax more and more problems. out information that can be applied in revenue due almost entirely to the eco- I recently spoke with a college pro- Europe or in China or in Australia or nomic growth created by recent Repub- fessor in the physics department of the anywhere. lican tax relief had cut the Republican University of Southern Alabama. He If you look at Airbus and how they deficit by almost $100 billion. The Con- said they were looking for an associate are focusing the research and develop- gressional Budget Office for the same professor, and they looked all over the ment that they get from their member reasons believes that the 2005 deficit United States to find an associate pro- nations, such as Germany, France, will now be even lower. And now just fessor for physics. They were unable to Spain and the United Kingdom, they this morning we have received news find one to hire for that slot so they get research and development that that the consumer price index, the lead had to go outside the United States helps them develop new products that indicator of inflation, has unchanged in and look at applicants from other na- is not readily available across the bor- June, meaning that the robust eco- tions. ders. It is not available to Boeing, for nomic growth that we are experiencing The reasons we are going outside the example. So we have a research and de- is occurring without any sign of infla- United States to look for associate pro- velopment policy that we need to focus tion. fessors of physics at the University of to make ourselves more competitive in All of this good news is on the heels Southern Alabama is that we have not the future. of the Bureau of Economic Analysis re- focused our education system on math We also have trade fairness as one of port late last month that first quarter and science and on engineering and on the issues. We have seen time and time economic growth was at a 3.8 percent technology like other countries have. again where other economies are focus- annual rate, revised up from a 3.5 per- We need to change that in the future ing their resources to try to drive cer- cent. Manufacturing industrial produc- and focus our resources to prepare for tain American manufacturers out of tion is up 3.4 percent this year and 9.5 tomorrow’s economy. the business, that way they can have a Another issue is energy self-suffi- percent since 2003. corner on the market and they can Business equipment investment has ciency and security. We know today then raise the prices and make a higher every time we fill up with gas at the increased 13.5 percent over the last 2 profit level than they would nec- years. New home sales are at record pump that our lack of energy policy essarily get. So we have to have a trade has been a detriment to the cost of en- highs. And the homeownership rate, policy that continues a fair, level play- now 69 percent, is at an all-time high. ergy here in the United States. Five ing field that does not allow our indus- times the House of Representatives has Retail sales are better than expected in try to be targeted. June and new jobless claims for the passed an energy bill. And finally after One of the resources that we have in week indicate yet again an expanding passing it five times in the House, we America, and we have plenty of it here, job market. Put simply, Madam Speak- have a piece of legislation in the Sen- we have more of it in America than we er, the economy is growing, the deficit ate that is significantly different, but have anywhere else in the world that is shrinking, jobs and opportunities are it is a basis for us to meet now in con- we do not export, is lawsuits. Some being created, and unemployment and ference committees. people say, how do you export a law- inflation are under control. We hope to have a conference report suit? Well, we have a lot of legal activ- available before the end of this year so ity here in America, and it is driving Rather than resting on the laurels of that we can put into place energy pol- up our costs; but the way you export these successes, the House Republican icy that will help us become more self- lawsuits is through trade packages. Conference this week under the leader- sufficient and help us reduce the cost When you see an unfair trade policy, ship of the gentleman from Kansas (Mr. of energy in America. Because it is not then you go to the World Trade Organi- TIAHRT) announced the 21st Century only the fuel pump; it is also with nat- zation or you go through an inter- Careers Initiative, which is a far-reach- ural gas prices. We pay more for nat- national court and you file a lawsuit in ing, far-sighted agenda for the eco- ural gas than anywhere in the world. order to get a level playing field. nomic reform that will remove eight We use natural gas to generate power, The other two issues we have are tax barriers between the American people to manufacture goods and to make fer- relief and simplification, and the other and the American Dream; and he has tilizer, a whole broad area, including one is ending lawsuit abuse. Those are gone over them already. Removing this plastics. But because of the high cost part of the eight issues that we will be friction from our economy while hold- of natural gas, because of the high cost dealing with in the Economic Competi- ing the line on Federal spending is not of petroleum products, we are seeing tive Caucus. only how we can reduce the deficit; it many of our industries go off shore. I am joined here today on the floor is how we can transform the role of We cannot have a competitive policy with the majority leader of the U.S. government in our national economy without dealing with energy. So energy House of Representatives, the gen- and the role of the United States in the is one of the issues that we are going to tleman from Texas (Mr. DELAY), and I global economy. deal with, and hopefully we will have yield to him for his remarks about This is a noble and necessary goal of less of a need for foreign imports in pe- competitiveness in the United States. the 109th Congress. So this week, as the troleum products. Then we can lower Mr. DELAY. Madam Speaker, I appre- gentleman has mentioned, we took up our natural gas prices as well as our ciate the gentleman for taking this a resolution declaring the House’s ac- gas prices at the pump and continue to Special Order and particularly for his knowledgement ‘‘that improving the manufacture things such as plastics incredible hard work in pulling to- competitiveness of the United States and fertilizer. gether the 21st Century Careers Initia- economy depends on congressional ac- Another issue we will be dealing with tive that he has been working on for a tion to remove barriers’’ to prosperity, is research and development so we can couple of years and certainly has and all but 17 Democrats voted against spur innovation. Our research and de- brought it now to where we are actu- it. velopment is different than how they ally making things happen starting One hundred, seventy-seven Demo- approach research and development in this week and the following weeks to crats voted against a resolution an- the European Union, for example. deal with these kinds of issues. It is in- nouncing this initiative promoting eco- What we see in America is a very credibly important. nomic growth, security and prosperity, open research and development policy. Last Friday, news came from the Bu- against opening new markets to our For example, in Wichita State Univer- reau of Labor Statistics that American small business owners, against easing

VerDate jul 14 2003 04:57 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.103 H14PT1 H5892 CONGRESSIONAL RECORD — HOUSE July 14, 2005 $850 billion in regulatory burdens annu- we will. We hope very soon. But when b 1615 ally foisted on American small busi- we sat down on the plane, the majority And I will tell you, I am glad to see nesses, against ‘‘innovation and invest- leader had a copy of the New York trade is one of those items on the agen- ment,’’ against ‘‘health care security,’’ Times. And it is not often that we da for our competitiveness, because we against ‘‘lifelong learning,’’ against spend time focusing on the great head- know that the world has access to the simplifying a Tax Code that takes the lines in the New York Times, but in U.S. consumer market today. American people 61⁄2 billion hours every the upper left-hand column of yester- One of the great things we have done year to comply with, against liberating day’s New York Times it said: ‘‘Tax is we have made sure that the Amer- our legal system from abusive preda- Revenues Surge and Will Cut the Def- ican consumer can have access to the tory lawsuits, and against energy self- icit.’’ That was the headline in the New best quality products at the lowest pos- sufficiency. York Times. And, frankly, both of us sible price. One of the things that Now, how can anyone anywhere be were shocked for about 15 minutes hav- needs to be done is we need to recog- against these things? ing seen such an accurate headline in nize prying open new markets, when 94 This is what has become of the once- the New York Times, but it is very percent of the world’s consumers are great Democratic Party. The idea-driv- true. outside of our border, is the right thing en policy colossus of FDR and JFK And the thing that immediately to do. That is why inclusion in the Cen- that gave us Social Security, the New came to mind was the fact that since tral American Free Trade Agreement is Deal, the Marshall Plan, the space pro- Ronald Reagan was President of the absolutely crucial to this economic gram, and civil rights is now led by a United States, Democrat after Demo- growth agenda. peanut gallery that has surrendered crat would take to the well of this The other day I had a former college the field of public discourse and taken House, Madam Speaker, and proceed to classmate of mine come in, and I did up residence as the backseat drivers of say, if we put into place a tax cut, what not know this, but he has been living and working in Cambodia for the last American politics. is going to happen? Two things. We will 15 years. I said, well, what brings you On every issue now facing our Na- see our economy head into the tank, to Washington? He said, I am here to tion, from the war on terror to Social and we will see the deficit surge. make sure that you all pass the Cen- Security to economic reform, the Re- Now, during the decade of the 1980s, publicans have forged into that arena tral American Free Trade Agreement. we all know that because of the Eco- The guy is in Cambodia and he is com- with bold and innovative proposals nomic Recovery Tax Act that Presi- while Democrat leaders have sat back ing here to ask Members of Congress to dent Reagan put into place with a bi- support the Central American Free and heckled, offering nothing construc- partisan majority here in the House of tive to the debate, more pundit than Trade Agreement. Why? Because he Representatives, because we were then said the people of Cambodia are con- party. No idea. No agenda. No coopera- in the minority, we were able to see a tion. Nothing. cerned that if you do not pass that tax cut which doubled the flow of reve- market-opening opportunity for U.S. Well, faced with this partisan ob- nues to the Federal Treasury through struction, House Republicans have no goods, then we will see this overall the decade of the 1980s. agenda for global leadership by the choice but to move forward with our People are regularly rewriting his- United States and free trade jeopard- positive agenda for reform, an agenda tory around here. I constantly here ized. So we know this is a benefit to that has been affirmed by the Amer- that Ronald Reagan presided over all the U.S. ican people in six straight elections. this deficit spending. Well, what hap- Again, that is a policy that we can They can gripe. We will govern. Demo- pened was we were able to put together pursue, and we have been very fortu- crats can keep making noise, and with this fragile working majority to pass nate in being able to work with those the new 21st Century Careers Initiative the tax cuts; but, unfortunately, be- five democratically elected presidents and the rest of our agenda, Republicans cause of the Democrat majority, we in Central America and the president will keep making history. saw spending continue to increase in a of the Dominican Republic and their I appreciate the gentleman for all the wide range of areas. One very impor- parliaments in making sure that we work that he has done and particularly tant area that we all supported, that implement this. They understand that for this Special Order so that we can was of course the defense build-up market-opening opportunities are very, talk about this in very real terms. very key. Mr. DREIER. Madam Speaker, will which brought an end to the Cold War, it brought the Soviet Union to its Another thing that struck me was, I the gentleman yield? was reading a study the other day by a Mr. TIAHRT. I yield to the gen- knees. We saw the Berlin Wall crumble because of what took place in the 1980s, guy who actually had been associated tleman from California. with President Bush No. One, President Mr. DREIER. Madam Speaker, I but we had those revenues because of those tax cuts. Bush 41 we like to call him, one of his would like to engage in a colloquy with economic advisers. His name is Todd My friend from Texas knows very my dear friend from Texas and with Buchholz, and he did this study in well, and we were discussing this yes- the gentleman from Kansas (Mr. which he showed that 20 percent of the terday, one of the things that is impor- TIAHRT). jobs in the United States of America tant, and that is why I am so proud of First of all, let me join in extending require some kind of licensing to get the work that this effort, the work congratulation to my friend from Kan- that job. For example, in the City of being done by this group put together sas for his focus on Careers for a 21st- New York, if you want to repair a video by the gentleman from Kansas (Mr. Century America. As we look at the cassette recorder, you have to have a litany of items, health care security, TIAHRT), is focused on rather than sim- license to do that. In the State of Lou- bureaucratic red tape termination, life- ply pointing our finger elsewhere, and I isiana, anyone in the State of Lou- long learning, energy self-sufficiency see the chart that the gentleman has isiana who wants to arrange flowers and security, spurring innovation, there, juxtaposing Mexico’s and Can- has to be licensed by the State of Lou- trade fairness and opportunity, tax re- ada’s regulatory burden as a percent- isiana to be able to arrange flowers. lief and simplification, and ending law- age of gross domestic product versus If you look at those kinds of con- suit abuse, I think those are very, very ours. We have unfortunately in this straints that are government imposed, important goals. country failed to spend time looking at that is the kind of thing that we as a The majority leader and I yesterday ourselves. We are constantly pointing Congress need to look at and focus on. had the opportunity, the gentleman the finger outward saying, they have And that is why focusing on the 21st- mentioned the space program and the caused our problems here. This country century economy, as the gentleman vision, of course, that Democratic has caused our problems. from Kansas is doing so well, is the President John F. Kennedy had for the We need to look ourselves at the tax right thing to do. space program, we yesterday were trav- and regulatory burden that jeopardizes I would just like to see if my friend eling to Florida; and, unfortunately, the kind of growth that we need to from Texas or friend from Kansas agree we did not get to see the space shuttle have. In spite of these restrictions that or disagree with the arguments I am Discovery launched, but we know that exist, we have done phenomenally well. trying to propound here.

VerDate jul 14 2003 04:25 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.105 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5893 Mr. DELAY. Well, Madam Speaker, if that come from the other side of the we want to expand on the great success the gentleman would yield, I appre- aisle, from the Democrat leadership, is that we are enjoying today. ciate the comments of the gentleman just incredible. And now is the time to I thank my friend for yielding to me from California because he is right on. compare those kinds of comments, and for taking out this Special Order. The thing that I was thinking about talking about the fact that our ap- Mr. DELAY. As I do, Madam Speaker, as he was speaking is, number one, the proach to the economy is going to and I greatly appreciate the gentle- headline that he referred to in The New drive up the deficit, when the deficit is man’s efforts, as I said before; and we York Times on the front page yester- going down; that cutting taxes takes are looking forward to implementing day is the same sort of headline on the money away from very important pro- his agenda and the agenda of the Eco- front page of The Washington Post grams in the government, when reve- nomic Competitiveness Caucus that he today. I know both papers hated to nues are going up and we are still able has put together and kicked off today. write those articles. And if you read to fund those programs that make We are looking forward to working the articles, they always qualify things sense. with them to bring this very important and say, yes, things are good, the def- Mr. DREIER. If the gentleman from agenda to the floor of the House. icit is going down, revenues are going Kansas will yield. up, they are holding down spending, Mr. TIAHRT. Madam Speaker, I will It is only because we are in the ma- but there are some things out there be glad to yield to the gentleman from jority that the gentleman is able to that are going to throw cold water on California. bring this agenda to the floor of the this burgeoning economy. We have got- Mr. DREIER. Madam Speaker, I House, and we need to constantly re- ten that over and over again in this think an important point that was ac- mind the American people of that fact. Chamber. tually included in that New York Mr. TIAHRT. Madam Speaker, I I can remember when we first started Times article about which we have would like to thank the majority lead- out with this majority in 1995, when we been referring from yesterday is who is er for joining me here this afternoon, were committed to a balanced budget it, which taxpayer is in fact providing and also I would like to thank the and this majority in this House led us this dramatic increase in the flow of chairman of the Committee on Rules to a balanced budget through the Bal- revenues to the Federal Treasury? chairman, the gentleman from Cali- anced Budget Act of 1997, oh, the fear- I would ask my colleagues if they fornia (Mr. DREIER), for spending time mongering was absolutely outrageous. could guess which taxpayer is in fact with us on the floor talking about the Hardly any Democrat voted for that providing that flow of revenue. Does importance of the future economy and bill, including President Clinton, who the gentleman know? how the ideas that we have in keeping vetoed it one or two times, if I recall, Mr. DELAY. Let me guess, Madam and creating jobs in America are going and finally he signed it for political Speaker. It must not be the rich. Could to get an opportunity to be openly de- reasons. it be the rich? bated on the floor of the House. But the point is, they fought us every Mr. DREIER. In fact, if the gen- One of the things I deeply appreciate step of the way. They fought the phi- tleman will yield further, the New about the chairman of the Committee losophy of letting people hang on to York Times made it very clear, it is on Rules (Chairman DREIER) is that he more of their money and invest it and wealthy Americans. Wealthy Ameri- has been fairhanded. He has guaranteed spend it and try to hold down Federal cans, those in the upper income brack- open debate on the floor, and he has en- spending, the key to bringing a bal- ets, who have provided that great surge sured that each and every American anced budget. We thought the budget of revenues to the Federal Treasury. has had a chance for their Representa- would be balanced in 5 to 7 years, but Why? Because of the economic tive to have time on the floor to speak it was balanced in 2 years because the growth that President Bush and this freely about issues they believe are im- philosophy worked. We started gaining Republican Congress predicted would portant to them. surpluses and started paying down on in fact happen. And it was not simply a We have talked about how good our the debt because we had surpluses. prediction. We are clearly the party of current economy is. We have talked We did run into economic problems ideas. We have made that clear with all about the issues that are very impor- because of the war and the bubble burst the proposals that are out here. But tant for the future economy and how and recession and other things, and 9/ the bankrupt ideology, the ideological these eight issues will bring legislation 11; but we are coming back. And the baggage of the past, more spending and and ideas to the floor that we can im- reason we are coming back is we are higher taxes as a panacea of the future, plement to ensure we have a strong sticking to that philosophy that the is obviously a failed policy. economy in the future. gentleman is laying out here. We un- Time and time again the very distin- But, Madam speaker, let me talk a derstand that the American business is guished ranking minority member of little this afternoon about the prob- overtaxed, overlitigated, overregu- the Committee on Appropriations lems we are facing with regulatory lated. We understand that the govern- comes before the Committee on Rules costs. That is one of the issues that we ment is too big and doing things it and requests, on virtually every appro- are dealing with this week, the bureau- should not be doing, forcing monies out priations bill, to increase spending. cratic red tape termination. Why do we of the pocket of the private sector and And how does he propose to pay for need to deal with that? One reason is families in this country and into the that? By imposing a surtax on those the tremendous cost that the regu- pockets of bureaucrats to do things upper-income wage earners. Well, the latory burdens have put on our econ- that are unproductive; and we are at- fact of the matter is, those upper-in- omy. tempting to get at that. come wage earners are, by virtue of We just passed the toughest budget having made more and more invest- If you look at what we have in this that we have passed in a very, very ments with their income, are increas- chart that is provided to us by the long time that gives us the opportunity ing their tax responsibility to the Fed- Competitive Enterprise Institute, it to look at entitlement programs, which eral Treasury. says that in 2004, the regulatory cost in are the biggest spenders in this Federal So if you couple the economic growth the United States is $860 billion. That Government. So we are doing that. We policies along with, as my friend from is $860 billion, with a ‘‘B.’’ Now, that is are attempting to bring not only fiscal Texas has just said, our passing appro- the cost of implementing the regula- responsibility to this government but priations bills that have real spending tions. understanding how we can get govern- cuts for the first time in a long period If we look at where that is evidenced ment out of the way of entrepreneurs of time, we are going a long way to- in our economy, we do not have to look and families to let them do what they wards getting our fiscal house in order. far. It is part of the cost of calculating do best, which is to create jobs and cre- But being the party of ideas, we are taxes, part of the cost of implementing ate wealth. not satisfied to stop right here and sit environmental procedures, and some of But the kinds of comments that are on our laurels. And that is why this Ca- it is keeping up with health care regu- reported time and time again and never reers for a 21st-Century America agen- lations. Let us just talk a minute checked to see if they actually work, da is such an important one, because about health care.

VerDate jul 14 2003 04:57 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.107 H14PT1 H5894 CONGRESSIONAL RECORD — HOUSE July 14, 2005 If you look at health care regulations tion kicks in, their insurance costs go the United States. Over the past dec- in America, you will find out that, ac- up. Economically it is not good for ade, 60 to 80 percent of new jobs in the cording to the Kansas Hospital Asso- small employers to have an injury on United States economy came from ciation, for every hour of health care the job. So we knew they wanted to small businesses. During the last two that they provide to a patient, it takes have a safe work environment. OSHA is recessions, 1990 through 1992 and 2000 1.1 hours to comply with the regu- tasked with trying to create a safe through 2001, small businesses created latory paperwork. More time to comply work environment here in America. almost all of the net job increases. So with paperwork than they provide in b 1630 it is important that we focus on how to giving health care. There is something have a competitive advantage for small wrong with a system that demands But the problem is we have this ad- businesses as well as large businesses more time to provide paperwork than versarial relationship where they work so we can create jobs in the future. it does to provide health care in our against each other for the same com- According to the Mercatus Center, health care industry. mon goal. So by getting OSHA to- the budgetary cost to taxpayers for Last year it was $860 billion, as I gether with the Wichita Building Asso- funding regulatory agencies topped $25 said. Now, let us just compare that to ciation, they figured out a way to work billion in 2002. So by applying some the gross national product of Mexico. cooperatively to create a safe working common sense reforms, we could save They only had $574 billion as their environment. To do that, they had the money in the Federal budget and re- gross national product. Canada had OSHA representatives come on an an- duce the amount of money going to- $701 billion in their gross national nounced visit, walk together with the ward regulatory burdens. product. We spent more complying subcontractor or the small business The Code of Federal Regulations ex- with regulations than they saw in their owner, walk through the workplace tends 19 running feet. From 1991 to total economies in both Mexico and and list potential safety violations. 2002, the number of pages in the Code of Canada. After the visit, they would list the po- Federal Regulations increased by 28 The message we should gain from tential violations, and then the OSHA percent. Not long ago, FDIC Vice this is that we need to put some com- representative would give them some Chairman John M. Reich, said that monsense applications to our regu- period of time, between 6 weeks and 6 there are 65 words in the Lord’s Prayer, latory burden. A good example oc- months, to go out and fix that inequity 286 words in the Gettysburg Address, curred just a couple of years ago in in safety. Then OSHA came back and 1,322 words in the Declaration of Inde- Wichita, Kansas. I received a call from went through the checklist to see how pendence, and 26,911 words in the Fed- the Wichita Builders Association. They they were doing to make sure that eral regulation governing the sale of said that OSHA had targeted Sedgwick there was a safe work environment. cabbage. County, Kansas, Sedgwick County That was a cooperative effort, and When you think about those docu- being the county Wichita is located in. people went back to work and had a ments that are very succinct and very They had been targeted by OSHA. The safer work environment. A common clear, they do not take a lot of time or homebuilding industry had been tar- goal was achieved by cooperation rath- space. But when you look at regula- geted by OSHA. OSHA had sent their er than an adversarial role. tions, it is cumbersome and burden- representatives down and made un- Too much of our regulatory burden some, and it is keeping us from being scheduled visits to work sites; they set in America is created by an adversarial competitive in the future. It is a tre- off a block or two from work sites and goal. Our Environmental Protection mendous burden on our economy. Of took pictures. They ended up sending Agency, the way the law is structured, the $860 billion, part of that could be citations and levying fines against one company when involved in a poten- going to research and development, some of the subcontractors and con- tial violation of environmental law, is part of it could be going to creating tractors that were responsible for forced to sue all of their surrounding new jobs and job training. It could be building homes in Kansas. neighbors to get them involved in the doing a lot of things that would help The net impact is that many employ- lawsuit which comes from the Environ- make America more competitive in the ers just shut down their homebuilding. mental Protection Agency to correct future. If you think about it, if you are a sub- the problem. That drives up the cost of To give some idea of how we can contractor and doing framing for a getting any potential environmental focus some of our efforts in the Eco- house, the most profit you may pos- violation rectified. nomic Competitive Caucus toward re- sibly see on that job would be $1,000, Over half of the money spent by the ducing this regulatory burden, we can maybe $2,000. So when you compare Environmental Protection Agency goes look at our tax laws. According to the that to the $7,000 fine they were get- to lawyers. That does not clean one Competitive Enterprise Institute in ting, which could have gone up to drop of pollution. If we could work to- 2002, the Federal regulatory cost of $860 $50,000, it was cheaper for them to stay gether in a cooperative fashion, we billion, $132 billion was complying with home than to go to work. And when it would have a cleaner environment, do tax regulations. It takes a lot of money becomes cheaper to stay home because so with less money, and it would make for people to comply with how they of regulatory burdens, we are not going us more economically competitive, and withhold taxes, pay their own taxes, to have a strong economy. it would bring jobs back to America. State taxes, local taxes, Federal taxes. So I spent time with the Wichita Looking at other areas of our econ- It is a big burden. Building Association and I spent time omy, for small firms that have less Environmental regulations, $201 bil- with OSHA, and I found out they both than 20 employees, the annual regu- lion. The workplace regulatory burden had the same goal. They wanted a safe latory burden in 2000 was estimated at was $84 billion. The economic burden work environment. $6,975 per employee. That is 60 percent for regulatory cost, $444 billion. This is Think about a lot of the small em- higher than it is for the $4,463 esti- an area that is very important for us to ployers and subcontractors in the mated for firms with more than 500 em- focus on. It is just one of the eight homebuilding industry. They employ ployees. What that means is small em- areas that we are going to be dealing their friends, their relatives, sons, un- ployers have a greater burden in trying with to make America more competi- cles, and cousins; and they certainly do to comply with regulation than larger tive. not want them getting injured on the companies. Larger companies have To review, the eight areas are health job. I do not think any of them want to more resources. They can dedicate peo- care security; bureaucratic red tape go to the next Thanksgiving reunion ple to regulatory compliance. That termination; lifelong learning; energy they would have with their family and means smaller employers have a harder self-sufficiency and security; research try to explain why their brother-in-law time competing in a world market or and development so we can spur inno- got injured on the job. Instead, they in a local market. vation and investment; trade fairness; want to have a work environment that In Kansas, four out of five jobs are tax relief and simplification; and end- is safe. small employers. If it is more difficult ing lawsuit abuse. We know that when there is an on- for them to be in business, there are The last thing I want to talk about the-job injury, workmen’s compensa- less jobs not only in Kansas but across today is the agreement that is coming

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.108 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5895 up before the August break to deal oil money, and people coming from That relationship is jeopardized if we with the Central America Free Trade Cuba to activate that. They are put- do not pass CAFTA. The reason is be- Agreement, commonly called CAFTA. ting up health care clinics in rural Cen- cause we will see these economies fal- It deals with five Central American tral American countries, giving money ter. We will not be able to keep the countries plus the Dominican Republic. to political candidates and funding ef- same supply chains, and that work will There has been a lot of opposition to forts to try to defeat any relationship then migrate to southeast Asia. We CAFTA in Washington, DC. Much of it these countries would have with Amer- will not be using Kansas cotton stock, is by labor unions and by people who ica. it will be something that is grown in a want to become more isolationist in We are either going to deal with this different part of the world. their view of America. I think we need issue through trade or through troops. So CAFTA is very important to even to look at some things, that not only If we do it through trade, we are going remote areas of our economy, such as are economic but also geopolitical, re- to have a strong economy down there. the cotton growing area; but also for lated to CAFTA. The people in Central America will south central Kansas. It is also impor- On the economic side, America has tend to stay in their home countries tant for the aerospace industry. been open to trade. We have a 2 percent rather than try to migrate to America. So one of the things that we are deal- tariff on anything that is imported If not, we are going to have people in ing with here is trade fairness and op- the Central American countries that into America. In the Central American portunity. The way we can see that as are pro-Castro, pro-Chavez, and they areas, they have a tariff that would be a reality is through the free trade will be running these economies. And reduced by CAFTA, but that tariff can agreement we have with Central Amer- they will be socialists, communists, be as high as 15 percent. Textron owns ica. and they will be unfriendly to America. Cessna Aircraft in Wichita, Kansas. Just to summarize, this morning, we It could create a further problem down Cessna makes single-engine aircraft. launched the Economic Competitive- in that area. So we can deal with this Cessna told me they have lost $43 mil- ness Caucus. We did it with the support issue with trade or troops. My view is lion worth of sales just last year be- of Republican leadership, with the sup- to do it with trade. The way to do that, cause of the trade barriers in Central port of the administration, with the we pass CAFTA on the floor of the American countries. That $43 million support of strong groups like the Na- would have been jets and single-engine House. Who opposes in Central America be- tional Association of Manufacturers airplanes that could have been built in sides the Castro troops? It is the labor that is represented by former Governor Kansas, built in America, and exported unions. The labor unions in Central John Engler. We had the Secretary of to these Central American countries. Commerce there. The Majority Leader, The reason they had to face a 15 per- America are opposed to a free trade agreement. I do not know why they are the gentleman from Texas (Mr. DELAY) cent tariff, that increased the price of and the Majority Whip, the gentleman those airplanes by 15 percent, they joining with American labor unions. I guess they have the same isolationist from Missouri (Mr. BLUNT) were there. were competing with a Brazilian com- view. Maybe there is some common We kicked off this effort to deal with pany which does not have that 15 per- thread between the socialists in the these eight issues: Health care secu- cent tacked on because they have a labor unions in Central America and rity; bureaucratic red tape termi- free trade agreement with these Cen- the labor unions in America. nation; lifelong learning; energy self- tral American countries. So it is 15 per- I think by having free trade agree- sufficiency and security; spurring inno- cent less costly to buy from a South ments, we are going to see very strong vation and investment; trade fairness; American company than buying from a economies in the Central American tax relief and simplification; and end- North American company. That is un- countries, and that will keep people in- ing lawsuit abuse so we can create an fair. The way to change that is to get volved in jobs that can make their environment that will be conducive to CAFTA in place so that economically dreams come true in their home coun- keeping and creating jobs in America. it makes sense. try. And they will be less likely to mi- When we look around the world, we According to the Chamber of Com- grate to America. see there are other economies that merce, we could increase our sales next One of the things that we grow in have done some things right. We want year by $3 billion by passing CAFTA. Kansas is cotton. A lot of people do not to make sure that we take those things The Farm Bureau estimates we would know cotton is grown in Kansas. We and do them right here in America. increase agricultural sales by $1.5 bil- have always been known as the Wheat These eight issues are going to be part lion by opening up trade through State, but when former Congressman of the agenda that we are going to deal CAFTA. Economically it makes sense, PAT ROBERTS, now Senator ROBERTS, with this year so the future economy but we also need to look at the geo- when he was chairman of the Com- will be strong. political implication of CAFTA. We mittee on Agriculture in the House, he f want to have strong economies in these was essential in passing the Freedom free countries in Central America and to Farm Act. The Freedom to Farm b 1645 in the Dominican Republic. We see now Act allowed Kansas farmers to not 30–SOMETHING WORKING GROUP a lot of effort on the part of Mr. Chavez have to maintain a wheat base, and in Venezuela, who is a socialist who is they could experiment with new prod- The SPEAKER pro tempore (Mrs. working cooperatively with Fidel Cas- ucts. DRAKE). Under the Speaker’s an- tro from Cuba. With Mr. Chavez fund- They decided they could make money nounced policy of January 4, 2005, the ing efforts and Mr. Castro putting peo- by raising cotton. Kansas State Uni- gentleman from Florida (Mr. MEEK) is ple behind it, there are at least 35,000 versity came up with a way to have a recognized for 60 minutes as the des- Cubans in Central America trying to shorter growing period for cotton. ignee of the minority leader. impact the effort to overcome CAFTA. Combining those two things, we start- Mr. MEEK of Florida. Madam Speak- Why would Mr. Chavez or Mr. Castro ed growing cotton in southern Kansas. er, once again, it is an honor to not want to overcome this trade agreement We now have over 50,000 acres. They only address the House but the Amer- with America? Because he wants to are building their fifth gin mill to sep- ican people also at the same time. weaken the economies in these five arate the cotton fiber from the cotton Madam Speaker, we would like to Central American countries so he can seed. That cotton is then put into a thank the Democratic leader for allow- take over and put a friendly socialist bale that is shipped to the Carolinas ing us to have the 30-something Work- government in place. It is important to where it is manufactured into cloth ing Group once again here before the think about what kind of impact a stock or thread, and then it is sent to House. The 30-something Working trade agreement with America would Central America where it is made into Group is comprised of Members that have on these economies. Their econo- clothing and imported back to Amer- are in the 30-somethings and 20-some- mies will become weakened and vulner- ica. And we buy shirts and clothing things on the Democratic side here in able. made out of Kansas cotton that was the House, and we come together on a Right now, we see money being spent put together by people in Central weekly basis to talk about issues here by a socialist in Venezuela through his America. on the floor that are facing Americans

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.110 H14PT1 H5896 CONGRESSIONAL RECORD — HOUSE July 14, 2005 and also issues that will be facing throughout the country but also here identify that. Why do we come to the Americans in the future. in the Congress. floor? We come to the floor to shed We think our purpose here in this So kind of setting out some of the light and let Members on the floor in Congress is to, A, talk about those issues that we will talk about tonight, this Congress know that we know ex- things that are working, put forth pro- those are the main issues. But I want actly what some Members are up to as posals that will make life easier for fu- to just open up and talk a little bit it relates to watching out more for pri- ture generations and those generations about the Social Security issue. vatization versus shoring up and mak- that are rearing children now as we As the Members know, for several ing sure that Social Security is there speak, such as myself, and that are try- weeks, there has been a lot of discus- for future generations. I think they’re ing to provide for their families, such sion. The President flew around, spent well intended, but I believe that they as myself. But the average American, a lot of Federal jet fuel at taxpayers’ are married to privatization more than we give voice to them. We make sure expense trying to make us belief that they are married to making sure that that even if they have retired, issues there was a crisis, an outright crisis, Social Security is there. like Social Security, issues like na- that the roof was going to cave in on So the gentleman from the great tional security, issues like health care, Social Security if we did not move to- State of Ohio (Mr. RYAN), my very good the Federal debt, that are going to wards privatization. And I think that, friend and our co-chair of the 30-some- bring challenges to their homefront, not only in recent weeks but in recent thing Working Group, it is good to be that we give them voice here in this days, the American people have told on the floor with him again. Congress. the White House that they are not in Madam Speaker, I yield to the gen- Being in the minority, every week, love—neither do they want Social Se- tleman from Ohio (Mr. RYAN). Madam Speaker, I always share not curity to be privatized. Claude Pepper, Mr. RYAN of Ohio. Madam Speaker, only with the Members but everyone from the very State that I am from, it is good to be back. And I cannot help within the sound of my voice that in fought on this floor and stood where I but thank the gentleman from Florida the minority, by the House rules, the am standing now and in the well, fight- for all his leadership on this issue and majority side runs the agenda: what ing for Social Security not only for the a variety of other issues not only in comes to the floor, what goes to com- retirees but for those Americans that the State of Florida but around the mittees, who comes before the commit- receive disability benefits, for those country. tees, what will be the agenda in those young children that are receiving sur- We had our friends here on the other committees. And I think it is impor- vivor benefits, and privatization was side of the aisle, good people, good tant for people to understand that and nowhere in the discussion. Members of Congress, but a little also for Members to be reminded. So So being from Florida and under- flawed in their data. They were talking many of the issues that are facing our standing the significance of Social Se- about how the President’s tax cuts ac- veterans, many of the issues that are curity, understanding that it is social counted for a 22 percent drop in the facing everyday families as it relates and security at the same time for those budget deficit, 22 percent from the pre- to health care, education, the environ- Americans that have put in the hours diction that they had had. And what I ment, general things, homeland secu- of work and commitment of paying would like to say is, all of a sudden, rity, what our men and women get in into a system that will be there for the tax cuts are working now. All of a Iraq and what they do not get in Af- them when they need it, not to pay sudden, they are working. What they ghanistan, what have you, goes into the system, to invest and gamble forget to tell people is that the de- through the process here, and it is a with their retirement or with their se- crease in the deficit, and I have news majority/minority process. Some curity if they were to get hurt on the reports here from five or six different pieces of legislation we are able to job. news organizations, is the President work on in a bipartisan level. So the proposals that are there now, said that this 22 percent drop vindi- The main issues that are facing the President came out with a privat- cates his tax-cutting policies, and I Americans are, unfortunately, partisan ization proposal, and then we had some just want to read several accounts in many ways, not by what I will call Members on the majority side, the Re- here. This is from NBC News: ‘‘An inde- the everyday Republican and Demo- publican side, that came out with a pendent budget analyst said that the crat, but as it relates to individuals in proposal that was also privatization. improvements are almost all the result leadership. Let us just put it this way: He said, My of one-time events, including the expi- We have been talking for several plan is privatization, and without pri- ration of a 1-year corporate tax holi- weeks, Madam Speaker, on the issue of vatization, Social Security will not day. There was also an increase in Social Security. We are going to talk work. Their plan is saying, We are taxes paid on investment gains from about that some more tonight. I think going to take from the trust fund and last year’s stock market run-up.’’ it is also important to talk about we are going to move some things The Wall Street Journal said: issues that have taken place. We had around and make a right and a left. ‘‘private- and public-sector analysts re- our birthday recently just out here on But at the end of the game, it is still mained unimpressed given the fiscal the Washington Mall, July 4th, which privatization. pressures just ahead . . . Private-sector was an outstanding celebration not I think that, as we continue this de- analysts reiterated that the promise only giving honor to those that have bate here in Congress, I want to com- was calculated from the administra- served in past conflicts but the fathers mend some of my friends on the Repub- tion’s 2004 deficit projection, a number of our country for standing up on be- lican side that do not see it the way widely considered inflated.’’ half of the very freedom that they pro- some of their colleagues see it as it re- The Washington Times, not exactly a vided us and we live under today. Also, lates to the privatization of Social Se- liberal newspaper, reports, the new we had an opportunity to look at the curity. I commend them for standing forecast would ‘‘leave a deficit that is issues of the minimum wage increase up to those individuals, but I also espe- still the third largest in history.’’ proposal that came before this House cially commend my Democratic leader- Goldman Sachs ‘‘in a research note that was presented by Democrats here, ship from day one, not, well, we de- on Wednesday, said it agreed with the making sure that Americans will have cided to get on the side of right after administration forecast for this year more to take home in their pockets to the American people said that they re- but not for the longer term.’’ The main provide for their families, but, unfortu- jected the thought or they continue to reasons? ‘‘The jump in tax revenues nately, that did not turn out the way reject the thought of privatization. We stemmed largely from one-time gains we wanted it to. And also, Madam were there all along. We have some of in the stock market and the elimi- Speaker, we would be remiss if we did our Republican colleagues that are say- nation of a temporary tax break last not address the issue of a possible ing, I am not with my leadership on year for business to invest in new breach of national security as it relates this. equipment.’’ to the outing of a CIA agent by an ad- So for the leadership on the said So we had the stock market, the ex- viser in the White House, and there is committee that handles Social Secu- piration of a bonus depreciation rule a lot of discussion not only going on rity, I think it is important that we that reduced business tax collections

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.112 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5897 until the end of 2004, and a 1-year tax try, the Republicans, a few months their health care in 2006. Is the gen- holiday for corporations. This is a one- ago, had to lift the cap on the debt. tleman saying that that is not the time bonus for the government, and it They had to lift the debt ceiling be- case? was based on a number that was in- cause they are running high deficits. Mr. MEEK of Florida. What I am say- flated from last year. And to come down here in 2005 and tout ing is that the reality of the situation And the fact of the matter is this: supply-side economics, which the first is the fact that veterans are waiting a There are people all over the country President George Bush called ‘‘voodoo long time. Some veterans are not re- who do not benefit from that. They do economics,’’ is hilarious, absolutely hi- ceiving the care that they deserve. Vet- not benefit from the corporate tax larious, when we have kids going to erans that are returning back from bonus that this Congress passed. And school all over the country that live in theater, and the gentleman is on the the money that is getting invested is poverty; 50 to 60 percent of the kids in Committee on Armed Services and so not getting invested in Ohio. It is get- Youngstown City School District live am I, they cannot even get an appoint- ting invested in Beijing and Shanghai in poverty; 85 percent qualify for free ment at the VA. These are true state- and all over the world while people are and reduced lunch. And we are talking ments. struggling, going out to get a second about how great the economy is going? Just before the July 4 break, 2 weeks job and a third job. This is not having I would like to live in some of these ago, we reported that one of the high- the kind of impact we wanted to have places. est priorities of the Under Secretary of here in the United States of America. And I think it is offensive, quite Veterans Affairs was to make sure that And that is why the tax cut has not frankly, in many ways to somehow the Veterans Affairs Secretary’s pic- worked. The deficit is going to go back suggest that, by a slight decrease in ture was posted at every VA hospital up next year. We do not even factor in the budget deficits because a loophole and clinic throughout the country. the cost of the war, which is at $300 bil- was closed and the stock market had a That was the topic of a conference call. lion. And I am not arguing that a lot of halfway decent run for a few months, Thank God some of the people that our systems do not need reform be- that that somehow suggests that ev- were the administrators of the Vet- cause I believe that they do. But to say eryone is doing well is just out of touch erans Affairs were appalled by it and that we do not need to make invest- really, out of touch with reality. said, our real issue is trying to pay for ments in education, that we do not meds and to make sure that we are b 1700 need to invest; like today in the Com- able to provide for the veterans who mittee on Education and the Work- This is the reality: $7.8 trillion this are walking through our doors, that we force, we wanted to increase funding country owes. I love how the President have what they need to be able to for Pell grant. We could not get it says, well, if Congress would just rein make themselves whole and to be able done. We wanted to get it up to, I in spending. The Congress is Repub- to make themselves healthy. We are think, $8,200 by 2013. We could not get lican. A Republican House, Republican selling furniture; we are thinking it passed through committee. And how Senate, Republican President; and they about things in our budget that we can are we going to compete with the Chi- are blaming each other about who has move to provide some level of care to nese? How are we going to compete got to rein in spending; $26,000 you owe these veterans. with the Indians if we are not willing to the Federal Government. And they Now, I say to the gentleman from to make the proper investments in the play this game, well, the President Ohio (Mr. RYAN), I cannot wait to real- education system in this country? Bar- says Congress has got to restrain ly dive into the issue of the whole vet- riers are being put up, and kids will not spending; the Congress says, well, the erans issue, because I can tell my col- go to college because they cannot af- President has got to do his thing. They league right now, I do not care what ford it. Those that do go, the next are all Republicans. This whole Cham- one’s party affiliation is. If there is an thing, they owe more money when they ber is controlled by the Republican American out there that is not reg- get out, $15,000, $20,000 just for a bach- Party. The Senate is controlled by the istered and there are Americans out elor’s degree. So to say that we do not Republican Party. The White House is there who are not registered to vote, if need to make the proper investments, occupied by a Republican. And one of you participate in the democratic proc- that there is enough money in the sys- the issues we talk about all the time ess and elections, good. If you do not, tem, and to say that those people who here is at the same time they are pass- this issue is still your issue. If you be- pay the lowest corporate tax rates in ing all of these corporate tax breaks lieve that you do not want anything to the history of our country somehow and they tell everybody how great ev- do with government, or you think are making the kind of contribution erything is going, veterans are under- there is too much government in your and meeting their obligation to soci- funded by almost $3 billion. We have life or too less government, not enough ety, I think is wrong. enough money to give tax cuts, but we government in your life, this is your I did not mean to divert from the So- do not have enough money to fund our issue. cial Security debate, but one of the veterans. The bottom line is, we have individ- issues that we always talk about dur- Mr. MEEK of Florida. Mr. Speaker, if uals that have stood in harm’s way re- ing the 30-something hour, Madam the gentleman will yield, the real issue cently, not just several, 4 or 5 years Speaker, is that we are running these here is the fact that even when the vet- ago, 300 yards from the enemy that was annual deficits, and the long-term erans receive more money, does my trained to kill them, who are not even debt, as shown here on this chart, is colleague know why they receive more able to receive primary care from the $7.8 trillion we owe. That is our na- money? VA hospital. Not because the VA hos- tional debt. Each person who is alive Mr. RYAN of Ohio. Why? pital employees and administrators are and breathing in the United States of Mr. MEEK of Florida. Not because not willing to provide that care; it is America owes $26,436. the leadership on the opposite side the fact that here in this Congress de- Mr. MEEK of Florida. Madam Speak- thought it was the right thing to do. It cisions were made on the majority side er, reclaiming my time, how about the is because we came to the floor and not to provide the funding that is need- baby that was just born an hour ago? members of the committee ran amend- ed to make sure that veterans are able What do they owe? ments, and newspaper articles were to receive what we told them we were Mr. RYAN of Ohio. Madam Speaker, printed, the fact that we have veterans going to give them. $26,436.78, and counting. clinics that are only open once or twice Now, I do not care what anyone says Mr. MEEK of Florida. How about the a month to assist veterans. That is the about the whole issue of Democrat individual that is retired, veterans who reason why. versus Republican. We are under one have served our country? Mr. RYAN of Ohio. Wait a minute. flag, okay? And the bottom line is, we Mr. RYAN of Ohio. Madam Speaker, You are contradicting a statement talked about the gentleman from New $26,436.78. So to every citizen that can here. The majority leader said, vet- Jersey (Mr. SMITH) and what happened hear me, this is what they owe, and to erans need to know that no veteran to him, the former chairman of the every citizen that cannot hear me, this will be without their health care in Committee on Veterans’ Affairs, what is what they owe. And to run the coun- 2005 and no veteran will be without happened to him. He was removed.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.113 H14PT1 H5898 CONGRESSIONAL RECORD — HOUSE July 14, 2005 Mr. RYAN of Ohio. Mr. Speaker, he ers realize the public expects action that there is a nexus there of shedding was not only removed from the chair- after hearing about the issue for light on the issue that this issue of pri- manship, he was removed from the months, that from one of my col- vatization is not a great idea. Committee on Veterans Affairs alto- leagues from Florida that will go What we stand for on this side of the gether. unnamed at this time; but if my col- aisle is making sure that, A, we keep Mr. MEEK of Florida. For doing leagues want to get the article, they the integrity of Social Security and we what? For doing the right thing. can. ‘‘We’ve told everyone the House is do not drive the deficit all the way into Mr. RYAN of Ohio. Trying to stand on fire. It is time to offer them a fire the ground in trying to go to private up. hose or a bucket, or maybe a glass of accounts. That is what we are asking Mr. MEEK of Florida. All the vet- water, depending on what the Senate for. We are asking for also, Madam erans organizations stand firmly with can pass.’’ Fighting amongst them- Speaker, a bipartisan debate, not only him, but guess what? They stand firm- selves on privatization. debate, but action of Democrats and ly with him off the committee right Another headline, Congressional Republicans working together, like we now, because that is where he is. Daily. This is the publication that did when Tip O’Neill was sitting in Mr. Speaker, the gentleman from comes out here under the Capitol dome that seat, Speaker Tip O’Neill, and Ohio (Mr. RYAN) is right. I am glad he for not only staffers, but those individ- Ronald Reagan was in the White corrected me. Not only was he removed uals who are working on issues within House. I do not think that is too much as chairman, his stationery does not the Federal Government, Federal Gov- to ask for in this debate. even have the name of the Committee ernment issues, especially legislative, Mr. RYAN of Ohio. People want us to on Veterans’ Affairs on it any more be- let you know what is going on. ‘‘White solve problems. They do not want us to cause they moved him off the com- House Still Pressing For Robust Pri- sit here and be partisan. The fact of the mittee. vate Accounts.’’ matter is this. These are facts. The So I am saying that I do not, and the Now, I am going to tell my col- Democrats are not in power. It hurts gentleman from Ohio (Mr. RYAN) does leagues that it is important, and that me to say it. I do not like saying it, not, and the 30-something Working is also an article from 7/6/05 if anyone but when you are analyzing the direc- Group does not apologize for bringing wants to look it up, any of the Mem- tion of the country and both Chambers light to the issue of the fact that we bers want to take a look at it. It is im- and the executive branch are all run by are going to talk about veterans and portant that we read not only these ar- one party, and they come out with pri- talk about mom and apple pie and ticles, but we take part in what goes vatization schemes, tax cuts, primarily drape ourselves in the flag and get all into these articles. for people who make over $400,000 a choked up down here and raise our I will tell my colleague one thing. year, corporate tax rates are the lowest voice talking about how we love the This whole issue of saying we are going they have been in the history of the veterans. Well, the real deal comes to continue to say privatization until country, all of these things, and then down to who is running the House, we have privatization will not work. we are here trying to say, well, wait a what the veterans are getting and what The article goes on to say, we believe minute. You are not funding veterans. they are not getting. And I will tell my the majority of Republicans are for pri- Wait a minute. The American people do colleagues right now, they are not get- vatization, private accounts. I do not not want to privatize Social Security. ting that. believe that is true at this moment. In fact, we have the poll here of the Now, I am going to yield back to the I will tell my colleague another rea- rural voters: Are President Bush’s pro- gentleman, but I have a few points that son why it is something that I think posed changes to Social Security main- we must make on Social Security be- that Republicans will make a career ly consistent with the values of the fore we leave that, because the vet- decision. I think the people of America, people in your community or out of erans issue, we can go on for 12 hours once they learn more about privatiza- step? Mr. Speaker, 61 percent of rural on that. We also have to talk about Mr. tion of Social Security, will know that, voters say that the privatization Rove and what he is sharing with mem- A, they will lose benefits; B, it will in- scheme is out of step with their values, bers of the media, putting CIA agents crease the deficit; C, it will not bring a because we have guaranteed benefits. in jeopardy. But that is a whole other better situation to their overall need of We have a system that works, has issue. It is a serious issue that we have Social Security in the long run. worked, will continue to work with to deal with, especially in the middle So once that happens, I say to the minor adjustments, not a privatization of this effort against terrorism, global gentleman, I think it is important that scheme. That is not the right way to terrorism. people understand, even some of our go. Now, let me just say, I am just going Republican friends understand that if If you look at the decisions that have to take this moment since we are paus- they want to make a career decision been made over the past few years, ing here for a minute, so we do not just to get along with some members of they have not been good for the coun- have to come back to it, the issue on the leadership on their side, they may try: losing hundreds of thousands of Social Security. very well be handing their seat over to jobs in Ohio alone, millions of jobs Now, there has been some news re- someone else, either in their own party throughout the country, and the jobs port, the gentleman mentioned the or maybe a Democrat replacing them. replacing the jobs that are leaving are Washington Times, which I think that Because Americans overall, they watch $10,000 less, $11,000 less a year, without they are not necessarily, like the gen- out for family and making sure that health care benefits. Wal-Mart is basi- tleman said, a liberal newspaper, as a they are able to provide for future gen- cally getting corporate welfare because matter of fact, the most conservative erations and that they are secure. so many of their employees are on one, one of the most conservative So one other little piece here as it re- Medicaid. So they think, why should newspapers here in Washington, D.C., lates to another article I think is im- we give our people health care, they and they are talking about what is portant. It came out of an Ohio paper, could go on Medicaid. Who pays for going on as it relates to the leadership about a truck carrying Social Security Medicaid? We pay for Medicaid. The between the White House, the House, debate to the steps of Congress. They country. The public pays for Medicaid. and the other body across the hall sent a flatbed with a million signatures Why is the public subsidizing the about the whole debate of Social Secu- saying, no privatization of Social Secu- wealthiest company in the country? It rity. I think it is important that they rity. Make sure Social Security is in just does not make any sense. point out here in this article that was surplus; yes, do that, but no privatiza- And the decisions that are being published on July 10 by Ms. Fagan, tion of Social Security. People are see- made, the lack of attention to the issue Amy, the President continues to cam- ing this, Democrats and Republicans of China and what is going on with the paign for comprehensive reform of a alike. So these are just a few articles manipulation of their currency and the system, but Democrats oppose what that I was able to pull up. I wanted to lack of trying to implement demo- they call ‘‘privatization,’’ and what is take some of the articles that were cratic reforms in China, all of these privatization, I must add parentheti- considered ‘‘mainstream media’’ and things add up to say, we are going in cally. Congressional Republican lead- also ‘‘conservative media’’ to show the wrong direction.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.115 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5899 Now, I would like to bring up one from Texas (Mr. EDWARDS), tried again understood what Democrats were try- point, I say to the gentleman from to add a billion dollars in. The Repub- ing to do here, or the other body under- Florida, if I can, because we started licans refused to allow us to do it. stood what Democrats tried to do here talking a little bit about the veterans. So there, on a couple of different oc- on the floor. And there was a Member I just want to kind of lay out, and the casions, we had tried to fix the billion that said we need to be able, when we gentleman knows I like my charts. dollar shortfall in veterans health care, get into conference, match up on the Mr. MEEK of Florida. You love your and we were not allowed to bring it up $1.5 billion effort to make sure that we charts. for a vote here in the House of Rep- give Veteran Affairs some of what they Mr. RYAN of Ohio. I love my charts, resentatives. need, not all, a $1.5 billion effort. because I think they lay it out for us. It is not brain surgery. And the way We then came to the floor, Demo- Now, I want to just talk about for a this body works, you do not have to be crats, once again. The other body couple of minutes exactly what the sce- a Philadelphia lawyer to figure it out. passed it 96 to zero, 96 to zero Senate nario was. We have been talking about, But that is how things transpired. The vote on June 29th of this year. On June and I was on the Committee on Vet- Democrats wanted to offer a billion 30th, we had a vote here on the floor erans’ Affairs last Congress, how un- dollars to close the gap in veterans right before the break, to go on the derfunded the VA was and is. spending, and we were not allowed to break for Independence Day Break. Re- do it. publicans blocked procedurally that ef- b 1715 So my point is that if we were in fort from happening, and did not want On the VA committee, the gentleman charge, these are the things that we to put in the amount of money that the from Ohio (Mr. STRICKLAND) was al- would be doing. These are the kinds of Democrats were looking to put in. ways down here talking about these initiatives that we would try to imple- And I think that it is important that issues, the gentleman from California ment in the country. And, you know, we understand that they wanted to add (Mr. FILNER), we had a great com- we come here, and we come to the $300 million, saying, when we get to mittee. floor, and we try to do as much as we conference, we will kind of figure it The gentleman from Illinois (Mr. can to try to talk about veterans and a out, when we could have matched up with the Senate, or with the other body EVANS) has done a great job as the lot of other issues. But quite frankly, I must add, in making sure that there ranking member, talking about how we continue to run into stone walls. the veterans are not getting the proper As I said, the Majority Leader said would be no question, and that vet- funding for health care. They are rais- there would not be a shortfall. That is erans will not be in a holding pattern, ing user fees. They are raising their just simply not what the numbers tell and Veterans Affairs administrators will not say, maybe if, I do not know, copay. It went from $2 to $7 to $15. us. So I appreciate it. This is great. if we get the 1.5 this is what we will be More veterans are moving into the VA But I think this veterans component able to do to provide care for our men system, especially in places like north- fits into the kinds of decisions that are and women that are coming out of the east Ohio where people are losing their being made, the kind of leadership that theatre, and those men and woman health care benefits, so veterans go we are getting here out of this body, that have served in World War II and into the VA system. out of this chamber. So we were complaining about this Mr. MEEK of Florida. It is impor- other conflicts, Korea, Vietnam, what and arguing that we need more fund- tant. Our job is to be able to speak the have you, first Gulf and so on. Making sure that they receive the ing. So was the gentleman from New truth, share, not only with the Mem- benefits, Grenada, making sure that Jersey (Mr. SMITH), the chairman of bers, but with the leadership what is they receive what they deserve. Bosnia, the committee. He tried and tried and happening, what is not happening. But making sure that they receive what tried to get more founding in there. I just want to back up here. You men- they deserve. So like you said, what is Bang, leadership knocked him out, tioned a June 24th date that the gen- stripped him of his chairmanship and the difference? tleman from Texas (Mr. EDWARDS) of- Well, the difference is that we are of his committee assignment on Vet- fered the amendment. here fighting on behalf of not only vet- erans. Because I like third party validators erans, this is not the only issue, we are So, on June 23, the Bush Administra- to make sure that folks do not think fighting on making sure that Social tion acknowledged a 2005 shortfall for that we are coming to the floor, we are Security is there for every American the VA of a billion dollars. Now, they having a little pregame, we talk about, for the future and that they have as knew in April, but they announced it well, you say it like this, I say it like many benefits as they need to be able in June. So what did the Democrats that, and who cares if we are telling to survive. do? Why are we different? We are dif- the truth or not. We are also here to make sure that ferent because 1 day later, the gen- House Resolution 3010, the vote was working Americans can make a livable tleman from Texas (Mr. EDWARDS) of- number 320, on June 24, 2005, failed on wage and also to promote not only fered an amendment to eliminate the a partisan vote 185 to 216. Republicans health care, but education. So when billion dollar shortfall in the VA voted against that opportunity to add folks start talking about what is the health care for 2005 and put another in a billion dollars to the Veterans Af- difference, there is a big difference. billion dollars in through the Labor, fairs legislation to shore up the short- And it is right here in the record. Health and Human Services Bill and in fall. And so if we have to take the journal the Education Appropriations Bill. On June 28, a couple of days later, and pull it out and start talking about The Republican majority refused to Republicans rejected a Democratic at- where there has been Democratic lead- allow that amendment. Let me repeat tempt to make up the shortfall in the ership and where there has been Repub- that. The Republican majority refused House. Once again, the gentleman from licans standing in the schoolhouse to allow us to offer an amendment that Texas (Mr. EDWARDS) leading Demo- door, then we will do that. And, hope- would put $1 billion more back into the crats down the area of making sure in fully, one of two things will happen: Ei- veterans system. On June 28, the Presi- the Foreign Operations Appropriations ther the American people will say dent and the Bush administration ac- Bill to be able to provide for our vet- enough is enough, just because some- knowledged, in fiscal year 2006, the erans throughout this country. H.R. one says I need to vote a certain way, shortfall would be $2.7 billion. 3057, vote number 325, June 28, 2005, and I am going to vote that way be- The Secretary also acknowledged failed 217 to 189; once again, the major- cause I am who I am and my father and that there will be a shortfall of $1.5 bil- ity stopping the Democrats from as- mother and what have you have been a lion in 2006, which would reach $2.7 in sisting our veterans in the way that we Republican; it is not about Republican. the fiscal year of 2006, way too many want to assist them. It is not about Democratic. It is not details. I would even go further on to say, on about independent. It is about leader- The bottom line is, there is going to June 29th, a day later, where the Sen- ship. It is about making sure that we be a shortage of money in the out years ate approved, and this is important, be- do what we are supposed to when we as well. So on that same day, the cause you talked about this, but I just are supposed to on behalf of the coun- Democrats tried again, the gentleman want to go further into it; the Senate try.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.116 H14PT1 H5900 CONGRESSIONAL RECORD — HOUSE July 14, 2005 What I want to do, I know that you erans? Almost 2,000 already over in Mr. Rove. By virtue of the fact that he have your chart there, but I want to Iraq and Afghanistan who have been works in the White House, he advised talk a little bit about homeland secu- killed. the President of the free world on deci- rity when we come to the floor next I mean, this is just a priority. It sions that he should make and that he week. Because I am very, very con- should be a priority for the country. So should not make. He has been in very cerned about some of the issues that I it is not that we do not have the high secret, top secret conversations. am hearing, especially after the Lon- money, it is an issue of choice. It is an The White House receives more intel- don transit bombing attacks. We are issue of priority. And right now, it is ligence than the average Member of fine. We have moved mass transit secu- obvious that we are not making the Congress, be it House or Senate and rity to a higher level. We are in good veterans a priority. their staff. And Mr. Rove is a part of shape. You know, quite frankly, I know the that very small group. To have any dis- I think it is important that we share gentleman from Florida (Mr. MEEK) cussion to head off bad press of a re- with the American people, and also has and I have, many Members in this porter or a weekly magazine does not with the Members of the House that chamber have been to the funerals of reach the bar of breaking national se- may not be aware, that we are not fine, our soldiers who have been killed. And curity. and that there are things that we I think the least we can do is make Now, I think it is important that you should be doing on behalf of every sure those who get injured or those also know and we share with the Mem- American to make sure that they are who serve this country can come back bers who may not know that in this secure. and know that their veterans health particular case this is connected with Because if we are walking around care is going to be there for them. the whole issue of going into Iraq. Now, saying we are fine, that means that we So the money is there; it is just not I will tell you Iraq is Iraq and it has really have no work to do, and we have a priority. Again, the Democrats tried happened. We are dealing with it. We are supporting our men and women a lot of work to do. So I am glad that on several different occasions to put there, making sure that they have the you took the record out, and you have amendments on to spending bills. The supplies, making sure that they have your chart and I have my piece of gentleman from Texas (Mr. EDWARDS) the equipment that they need to be paper, about what is actually hap- has taken the lead on this. The gen- able to fight daily against insurgents pening as it relates to Veterans Affairs, tleman from Wisconsin (Mr. OBEY) has and to try to help the Iraqi people what has happened, what is happening taken the lead on this, to try to put make themselves whole or stand up or to veterans. And we are here, even that billion dollars in there to make stand firmly on their own two feet gov- though we are in the minority, doing sure that everybody is covered. ernmental-wise. what we can to make sure that they And it was clearly rejected. So it is But I will tell you this, that the Re- have a voice on this floor, amongst an issue of priority. The money is publican Congress has pulled individ- many other Members that are also there. We have chosen not to do it. uals to the Hill to testify for far less doing good work and making sure that Mr. MEEK of Florida. I am glad that than outing a secret agent of the CIA, they have voice in this Congress and you broke it down even further as it re- far less. And I will not demoralize the the battle continues, and we want lates to the whole Veterans Affairs time here on the House floor for how them to be with us in that battle. issue and where our priorities are and much less than they have pulled people Mr. RYAN of Ohio. There is no doubt where they are not right now. I think for lesser issues, for statements, for about it. You have been down to Guan- it is also important for us to shed light what we may believe has something to tanamo. I was down to Guantanamo on this question of national security. do not with national security but with last week. You know, we have soldiers b 1730 their personal affairs that they have in Iraq and Afghanistan. These are the As you know, the gentleman from pulled issues to this floor for far less. people who are going to come back and This is very serious. And I do not California (Mr. WAXMAN), ranking use the VA system. agree with the White House on, well, member of the Committee on Govern- And just to wrap up the VA portion you know, we do not believe we had ment Reform, put forth a letter today of our program, some people may be anything to say. Now the tune is asking Mr. Rove and the White House sitting at home and may be saying, changing, and they are now saying to to send the Presidential advisor Karl well, maybe we just do not have make sure that there is no problem and enough money, maybe we just do not Rove to the Hill to explain under oath to make sure that we can assure the have the resources to provide for the what he said and what he did not say as American people that those individuals veterans. And I want to show this it relates to this issue of outing a CIA that have received top secret clearance graph, which the last graph was just agent. in the White House, that the integrity too jammed up; there were a lot of I would go further to say, this is a of every employee that has received words on there. very serious issue. When this was first that clearance, we are willing to hold But I think this is just where we are broken, when this story first broke ourselves to the highest standards, and at. Permanent tax cuts way on the left. that a CIA agent was out, the White they are not doing that right now. What is the cost in trillions of dollars House denied any involvement in that Now, this is not just political spin. over the next 10 years? We are going to practice. And when the question was This is outing of a secret agent of the spend $1.8 trillion over the next 10 brought up by Mr. Rove, we were told CIA. And so to say that, how do we years to make the tax cuts permanent. by a White House spokesman, the press know that he knew that she was a se- We are going to spend $800 billion to was and the American people, that he cret agent? Well, I am sorry. Any agent make the tax cuts permanent for the would be shocked if he had anything to that works for the Central Intelligence top 1 percent; $800 billion for people do with this. Agency should not be identified as far who make $400,000; $500,000; $600,000; Later, after the special prosecutor as I am concerned unless they work in $700,000; $800,000; $900,000 a year, over a which had to be appointed, and the the public information or they are on million dollars a year, not begrudging President did appoint a special pros- the recruitment trail going to univer- people who make a lot of money, God ecutor or the call for a special pros- sities and out to military facilities to bless you, but we are going to spend ecutor or the administration did, we recruit CIA agents. We should not even $800 billion giving them their tax find out that his attorney admits that be talking about it. break, and we are only going to spend he did have a conversation with a re- This is the Central Intelligence Agen- $300 billion on veterans. porter about the fact that the ambas- cy, not Boy Scouts of America, not we And all we are asking for here is a sador’s wife was a secret agent, or CIA want everybody to know who we are. billion dollars for the next year, or $2.7 agent. These are the individuals that go out billion for 2006, and $3 billion or $4 bil- Now, the gentleman and I both, and and head off terrorism. These are the lion maybe for 2007. We are giving $800 Members of Congress and some mem- individuals that go out and give us the billion away to the top 1 percent of the bers of the staff and definitely of our intelligence so that we can stop a 9/11 people who live in the country. We can- intelligence agencies, receive a level of from happening. And so anyone, includ- not come up with $3 billion for our vet- security clearance of top secret. So did ing Mr. Rove, that thinks that they

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.118 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5901 have the prerogative to share with the wanted to head off a bad story. It is Iran. All of the sudden Iraq has all of reporter about someone else’s wife to just that simple. these nuclear capabilities. No, they did try to head off a story, and especially I am sorry for getting a little emo- not. And the administration manipu- if they work with the CIA and they are tional about it. But when you sit for 3- lated the data and then tried to de- a secret agent, I am sorry, but I have plus years and some Members have sat stroy any person or couple that tried to to be proven wrong because I happen to for 30 years, double-digit years, and prove otherwise. That is the bottom think the latter here. have received top secret information line and that is not a Democrat or Re- I think the chairman of the Com- and have said nothing to individuals publican issue. That is the fact of the mittee on Government Reform should who do not have the same level of matter. have Mr. Rove come to the Hill and clearance behind closed doors of our Mr. MEEK of Florida. Madam Speak- share with the committee under oath national secrets, for someone to feel er, we have a couple of more minutes what he said and what he did, not say that they can go, and I must add left. I want to make sure we do what because I believe national security is unelected, to share with a reporter, we always do and give the information at stake here. And once again, this has trying to head off a story, they print out, not only to the Members but to nothing to do with who is a Democrat stories every day, some good or bad. make sure everyone understands how and who is a Republican. It has every- They call it democracy, okay, it hap- to get in contact with us. What we are thing to do as it relates to the integ- pens. You do not have the right to be talking to as it relates to the letter rity of national security. Period. Dot. able to do that. and the Committee on Government Re- There is nothing more than you can So I say not only for Mr. Rove but form, people can go to our Web site, say about it. also for the White House, somebody www.housedemocrats.gov/pinkslip. So for the White House to drag their better go see the Wizard and get some That is housedemocrats.gov/pinkslip. feet on this and for the leadership over courage and say we are going to come Mr. RYAN of Ohio. Send us an e-mail here not to demand it, the majority to the Hill; even if we are not asked, we if you would like to—www.30something side not to demand it, I think we are will come to the Hill to clean up this [email protected]. That is derelict of duty. I am sorry. But I will situation. Because if it is what I think [email protected] or tell you this: I think by the fact that it is, I guarantee you this, the Amer- you can get us at the gentlewoman from California (Ms. ican people are going to demand lead- [email protected]/ PELOSI) has asked for this, the gen- ership on this, be it in the other body 30Something. tleman from California (Mr. WAXMAN), or in this House; but they are going to Send us your e-mails. Let us know the ranking member of the Committee demand leadership, and they are not what you think. One of the things you on Government Reform, asked for such going to allow individuals just because need to send us is what you think the a hearing, I think there is no question they feel like they want to head off a priorities in your family are or your to the Members of this House if the ta- story and they are going to share with friends or the people that you hang out bles were turned and we were in the a reporter anytime they feel like it. with. What are your priorities? What majority, there would be a hearing If we do not check Mr. Rove right should we be doing here? Let us know. right here right now. Mr. Rove and now and people that are like him leak- We would love to hear it. company would be coming to the Hill ing national secrets and outing CIA Mr. MEEK of Florida. Madam Speak- to share with Members under oath agents, who is next? Who is next? It is er, I appreciate the opportunity to ad- about what he said and what he did not like my kids. If I allow my kids to dress the House. I would like to thank say. Period. Dot. come up and kick me in the shin and the Democratic leader once again for That has nothing to do with politics. do nothing about it, I might as well get the time. It has everything to do with national a shin guard because they will kick me f security. So when I read accounts in every night. So it is important that we the paper about, well, that is just the understand we do not allow those that A FURTHER MESSAGE FROM THE Democrats taking a shot at the GOP, I are walking around with badges, that SENATE am sorry. That does not rise to the we allow them to go into top secret dis- A further message from the Senate level of a response for what has hap- cussions to share with the media when by Mr. Monahan, one of its clerks, an- pened. So I think that the American they feel like it nounced that having made the tech- people definitely should stand up and Mr. RYAN of Ohio. Madam Speaker, I nical corrections to the engrossment of let their Congressman or Congress- think it is important, the gentleman the Senate amendment to H.R. 2985 the woman know that they want to get to makes a tremendous point. We have to Senate returns to the House the papers the bottom of this. This is not about ask ourselves, not only in this body but to accompany (H.R. 2985) ‘‘An Act mak- they are donkeys and we are elephants. around the country, why? Why would ing appropriations for the Legislative It has nothing to do with party pride. Karl Rove do that? Why would he out a Branch for the fiscal year ending Sep- It has everything to do with national CIA agent? We know why. Because her tember 30, 2006, and for other pur- security. husband was the ambassador that went poses.’’. I commend our leadership for stand- to Niger that basically blew up the Resolved, That the Senate insist upon ing up and saying that we want to whole idea that the Iraqis had a nu- its amendments and requests a con- know more. We need to know more. clear weapons program. He eliminated ference with the House on the dis- The American people need to know that from the argument of why we agreeing votes of the two Houses there- more, and we also need to know why, should go to war with Iraq. on, and appoints Mr. ALLARD, Mr. even today I am sure Mr. Rove is still So he had information that was going DEWINE, Mr. COCHRAN, Mr. STEVENS, sitting in national security briefings, to blow it out of the war. They stuck it Mr. DURBIN, Mr. JOHNSON, and Mr. still getting top secret information and back into the State of the Union ad- BYRD, to be the conferees on the part of has admitted saying that, yes, this dress that the President gave from the Senate. man’s wife is a CIA agent. right up here, and so the response was f Just today I was in a top secret brief- to try to destroy these people. Is that ing. Do you think that is something I what we want? Is that how this oper- PROTECT OUR CHILDREN want to share with anyone? Of course ation is supposed to run, who can de- The SPEAKER pro tempore (Mrs. not, because it could have national se- stroy who? And now this woman can- DRAKE). Under the Speaker’s an- curity implications. And even if I do not work in the same capacity that she nounced policy of January 4, 2005, the not believe that it has national secu- used to work in. gentleman from Texas (Mr. POE) is rec- rity implications to it, it is not my ob- But the reason goes back to the war ognized for 60 minutes. ligation or my right to share it with and the build-up and the drum beats Mr. POE. Madam Speaker, Cary Ann anyone. Period. Dot. That is just the that were going for us to go to war in Medlin, 8, Tennessee; Nicole Parker, 8, way it is. It may very well jeopardize Iraq. And here we were trying to say, California; Chris Byers, 8, Arkansas; the life of someone or lives of individ- wait a minute, all of the sudden Iraq is Sherrice Iverson, 7, Nevada; Amanda uals that are in harm’s way because he North Korea. All of the sudden Iraq is Brown, 7, Florida; Christina Long, 13,

VerDate jul 14 2003 04:57 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.119 H14PT1 H5902 CONGRESSIONAL RECORD — HOUSE July 14, 2005 Connecticut; Michelle Vick, 14, Wash- was done ‘‘in an especially cruel and surveillance camera captured the ington; Samantha Runnion, 5, Cali- harmful and depraved manner, includ- image of her abduction. fornia; Maryann Measles, 13, Con- ing torture and constant abuse.’’ The The defendant, Joseph Smith: The necticut; Polly Klaas, 12, California; defendant, two previous convictions in Sarasota police questioned Joseph Amber Hagerman, 9, Texas; Adam Minnesota for sexual assault and rape, Smith who had been in their custody Walsh, 6, Florida; Megan Kanka, 7, New once at knife point, has also another since the day after Carlie was abducted Jersey; JonBenet Ramsey, 6, Colorado; conviction after he left the peniten- on an unrelated parole violation. A Sarah Lundy, 13, Florida; Danielle Van tiary for kidnapping. woman who said that she lived with Dam, 7, California. Dru was 22 when she was murdered. Smith was one of the tipsters who con- Dru is the same age as my youngest tacted the police. Of course, the de- b 1745 daughter, Kellee Lyn. You know, fendant refused to admit anything and Carlie Brucia, 11, Florida; Jessica daughters are special to fathers, and to refused to admit his involvement with Lunsford, 9, Florida; Dylan Groene, 9, lose a child by any means, especially Carlie Brucia’s disappearance until Idaho. violence, is a tragedy to any family. February 5, when he finally told inves- Madam Speaker, unfortunately, this The government in this case is seeking tigators where he had dumped her list of abducted and ultimately mur- the death penalty against the offender, body. dered children goes on and on and on. and rightfully so. On February 6, it was announced that And if the sadness of their stolen lives Dru Sojun, 22. Carlie Brucia’s body had been found. is not enough, many of these precious Carlie Brucia is remembered best by She had been murdered and left in a young people were also brutally raped some of the things her grandmother church parking lot just miles from her and sexually assaulted before they said about her. ‘‘She has been described home. Joseph Smith, 37-year-old car were murdered. Madam Speaker, these as blond and bubbly. Carlie was affec- mechanic, father of three, had been ar- are some of their stories. tionate, a great hugger, and when she rested 13 times in Florida since 1993, Dru Sjoden: Dru was a happy, happy was in New York, she loved to go to the had been charged with kidnapping, child. Her cheerful personality was evi- movies with her dad, go shopping and false imprisonment, and he is the main dent from the day she entered this go out for ice cream, things little kids suspect, of course, in this brutal mur- world. As a child, she was dedicated to like to do. Her favorite ice cream was der. being a good student. She was active in mint chocolate chip. Her grandmother On February 20, Smith was indicted gymnastics, swimming, track and ski- says, I always had that in the House for on first degree murder and separate ing. She was artistic from a very young her when she visited me. charges of kidnapping, capital sexual age, and art was her number one love. ‘‘When she came to our house, we battery and other charges. He has been Through her creativity, her passion for would shoot baskets in the driveway. to the courthouse before, Madam art, she was always creating handmade She would shoot those with Aunt Jean- Speaker. Aggravated battery, carrying cards and crafts for her friends and nie; play softball in the back yard with a knife, possession of heroin with in- sent them to members of her family. her other Aunt Katelyn, and the rest of tent to sell, possession of blank pre- She enjoyed the outdoors and fishing. the family. We would have barbecues, scriptions, possession of drugs without She constantly thought of other peo- and she loved to roast marshmallows. a prescription, intent to obtain con- ple. She was nominated and won Home- It’s a beautiful memory thinking about trolled substances by fraud, possession coming Queen during her senior year at Carlie with her sticky fingers and of cocaine. All of those resulted in con- victions of this sexual predator. high school. She attended college at marshmallows all around her mouth. November 7th of this year the defend- the University of North Dakota and What a cutey. ant will see his day in court, where the was just as popular among her college ‘‘She liked music. She especially State of Florida has charged him with friends as she was among her high liked Jennifer Lopez; knew all the school friends. capital murder. words to every song, and would sing on Carlie Brucia, 11. Madam Speaker, this is a photograph the radio when Jennifer Lopez would Madam Speaker, Jessica Lunsford of Dru shortly before this 22-year-old come on. was born in Gastonia, North Carolina. University of North Dakota student ‘‘Carlie liked to help her dad out at She came to Florida a year ago. She was murdered. She left her job at the home, especially when her dad had the was her grandma’s girl. Grandma Columbia Mall in Grand Forks, North family over for dinner. She pitched called her ‘‘my daughter’’ from the Dakota, at 4 p.m. on November 22, 2003, right in, helped him with all the time she was one. Jessica’s mother and and she was never seen alive again. Her chores, serving, and cleaning up after dad split up about that time. She and body was found in April of 2004, thrown supper. I can picture her loading up the Grandma Ruth loved to go shopping to- in a ravine in Minnesota. dishwasher,’’ says her grandmother. gether. They would go to JCPenney’s. She was talking with her boyfriend She was a good student. Voted most They would go to the mall, and Jessica on her cell phone when he heard her popular, best math whiz at McIntosh Lunsford especially liked Wal-Mart. say, ‘‘Oh, my God.’’ Then her phone Middle School. Jessica wanted to be an Olympic went dead. Chris Lang, her boyfriend, Carlie Brucia, 11: She was a real per- swimmer; a fashion designer. She received another call from Drew’s son, Madam Speaker, like all of the would cut up old dress-up clothes and phone a few hours later, but there was people I will be talking about tonight. make clothes for her dolls. She and her only static on the other end of the line. This is who she was, before life was sto- grandma collected dolls together and On December 1, 2003, although her len from her by an offender, a sexual would make clothes for them. She body had yet to be found, Alfonzo predator. loved the Disney Channel, and she had Rodriguez, Jr., a registered sex of- Carlie Brucia, 11, disappeared on Feb- a collection of Disney videos. She espe- fender from Minnesota who had re- ruary 1, 2004. She was walking home cially loved, The Princess Diaries. cently completed a 23-year prison term, from a friend’s house in Sarasota, Flor- Church was a big part of Jessica’s was charged with abducting Dru ida. A surveillance camera behind a car short life, and she was a big part of the Sjoden. After Drew’s body was discov- wash taped Carlie’s abduction by a Faith Baptist Church in Homosassa, ered on April 17, 2004, near where man. This sixth grader may have Florida. She attended what is called Rodriguez lived, a Federal Grand Jury walked through the car wash parking the King’s Kids Wednesday night pro- charged Rodriguez with kidnapping and lot as a shortcut to go home. gram. There were 35 kids in this bible murder. Friends described her as a beautiful school class, and she was one of six who Because the victim was transported girl who loved watching Jennifer recently memorized the names of all from North Dakota to Minnesota, it Lopez. She liked to go the mall, greet the books of the New Testament. She was a Federal crime under the old friends with a warm hug, and she was even had a favorite verse memorized, Lindburgh baby kidnapping case. The headed home from a slumber party Philippians 4:13: I can do all things defendant will be tried in Fargo, North when she was abducted. Carlie’s re- through Christ who strengthens me. Dakota, next March. Madam Speaker, mains were discovered 5 days later, a She was daddy’s girl, and she would the indictment alleges that the murder few miles from the car wash where a call her father, Mark Lunsford, as soon

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.121 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5903 as she got home from school each day. daughter and the way that she was appear to focus on his own sexual abuse She would visit him at work and she murdered. Of course, he will not get crimes; he seems to be proud of it; and liked to play in a sand pile. over it. And hopefully, none of us in his rage over how sex offenders are Just before she disappeared, she had this United States will get over it. treated in our community. been to the State fair, where Mark had Jessica Lunsford, 9, State of Florida. Brenda Groene and her boyfriend, gone with her and bought that now fa- Madam Speaker, Dylan and Shasta Mark McKenzie, and 13-year-old Slade mous pink hat that she has on in a pho- Groene were declared missing May 16 Groene were killed in their home some tograph. Jessica did not like hearing this year after police found the beaten time on May 15 by Joseph Edward Dun- about people being harmed and hurt, and bound bodies of their mother, their can, III. They were beaten to death. and she never liked to see anybody cry. older brother, and their mother’s boy- Duncan, after kidnapping Shasta, he Madam Speaker, Jessica Lunsford friend. Shasta was discovered on July told her what he did to these other was a real person. She was a little girl. 2, just a couple of weeks ago, in a local three before he murdered them. He said She was daddy’s girl. She is shown in restaurant with Joseph Edward Dun- he had watched the house and specifi- this photograph with that hat she had can, III, of course, a registered sex of- cally had watched her for 2 or 3 days. on that Mark had given her. Nine years fender who had fled Fargo, North Da- At night, he would peer inside the old, life stolen from her because of a kota. home, and he said it was simple. He sexual predator. Human remains were discovered at a said he used a night vision goggle set That person, John Couey, was a con- remote western Montana campsite to learn about the family’s layout be- victed sex offender. He was staying later, and they were identified on July fore breaking into the home. down the street in a mobile home, even 10, a few days ago, of those of Dylan Duncan was charged with first-degree though he did not use this as his reg- Groene, 9 years of age. murder and first-degree kidnapping in istered address, as he was required by Investigators have not revealed what the bludgeoning deaths of this family. law to do. Where he was staying was they believe happened to Dylan or how He bragged to Shasta about killing her near the Lunsford home. And unbe- long they believe the boy was alive family with a hammer and even taunt- knownst to the Lunsfords, he was on after the children’s mother, 13-year-old ed her with the hammer after he had watch of their activities. Here is what brother, and their mother’s boyfriend kidnapped her. he said he did. were beaten to death. Sheriff Rocky McKenzie, Brenda Groene’s boy- He said he snuck into Jessica Watson has said he believes the motive friend, took the kids fishing to Wolf Lunsford’s house through an unlocked for the killings was to acquire these Lodge Creek to catch crawdads. The door at about 3 o’clock in the morning, two children for sex. Watson also said last time Dylan’s father, Steve, saw February 24. He kidnapped Jessica and authorities believe the family was cho- Dylan and Slade alive was about 3 took her to his place, his bedroom. sen at random, but the attack was weeks before the murders. They spent With Jessica in his custody, Couey said carefully planned and executed by the the weekend with him. Dylan and that he watched the sheriff’s command criminal. Slade liked to play games on center pull up in front of the Lunsford PlayStation. Dylan, 4 feet, 60 pounds, b 1800 home. He put Jessica in his closet, blond crewcut, blue eyes, and 9 years of where he kept her till he was ready to The police have interviewed Shasta, age when he was murdered. abuse her. the daughter, a couple of times, and Madam Speaker, Sarah Lunde was 13. He said, after he was through with the details are agonizing and slow in She led a troubled life because she was her, he decided he would bury her after being revealed, but she has provided abused as a child, so she sought peace he learned that the Citrus County helpful information. Sheriff Watson with her church group. She was last Sheriff’s Department was looking for does not go into all the facts and say seen on April 9, 2005, shortly after she him. So the weekend after Jessica’s what he believes happened to the girl returned home from a church trip and disappearance, in rainy weather and and to Dylan, but those actions are not about the time a registered sex of- fog, he decided to do his dastardly deed good. fender unexpectedly paid a visit to her of murdering this little girl. Dylan, he was 9. Like the others that home. After having his way with this 9- I have mentioned, he was a real person. The teen was reported missing Mon- year-old for as many times as he He wanted to live like all kids, but he day when her mother learned she was wished, keeping her locked up in the never made it to his 10th birthday be- not at a friend’s home and reported closet, he decided it was time to get rid cause of the criminal, this individual that to the police. Investigators found of her. So he took this 9-year-old girl, by the name of Duncan. Sarah Lunde’s body abandoned in a fish he tied her hands and feet with stereo Duncan: By the time he was 16, he pond on April 16, 2005. wire. He wrapped her inside two large had committed 13 rapes. In 1980, Dun- Madam Speaker, Sarah Lunde, she plastic garbage bags. He dug a hole, can was arrested for breaking into a was a real person as well, a child in our and he buried her alive. neighbor’s house, stealing guns and community of children. She suffocated to death. Jessica then accosting a 14-year-old boy and David Onstott, he was a convicted Lunsford, when she was found, was still raping him at gun point. He was con- sex offender, 35, and he has been ar- clutching the tiny blue stuffed dolphin victed of rape and sentenced to the rested for the murder of Sarah Lunde. she had taken from her bedroom when maximum of 20 years in the peniten- Onstott has been indicted for first-de- she was stolen in the middle of the tiary. However, in lieu of prison, some- gree murder, sexual battery. He con- night by John Couey. The police found body sent Duncan to the Sex Offender fessed to choking Sarah to death, where she had poked her fingers Treatment Center at Western State dumping her partly clad body in a pond through the plastic bag seeking air to Hospital. near her home in rural Hillsborough breathe. That is the way that Jessica In 1980, an evaluation at Western County, Florida. He has a lengthy his- Lunsford died. State Mental Hospital found that Dun- tory of violence against women, sexual John Couey. Well, who is he? He is a can, who was only 17, met the defini- deviance and failure to even pay child convicted sex offender with a criminal tion of a sexual psychopath. Western support. He once beat a man with a history a mile long. It includes 24 ar- State Hospital had given up on Dun- baseball bat, and later, he was accused rests and goes back over 30 years. Two can. He was 19, and he announced that of attacking another with a machete. of the arrests were allegations of home he wanted to leave treatment and serve He once stalked a former girlfriend and invasions, where he had molested little the rest of the time in prison. So he scared her so badly she moved to a dif- girls. served 14 years for the rape and three ferent city. He was a heavy drinker, Madam Speaker, I have talked to more for parole violations. When he got and he liked to use cocaine. Mark Lunsford at length. He is a good out of the penitentiary, he moved to He was convicted in August 1995 of guy. He loved his daughter, as all fa- Fargo, North Dakota. raping a 25-year-old woman in Florida. thers do. Girls are special to those of Duncan, after leaving the peniten- During the sentencing phase of that us who are fathers, and he says he will tiary, he decided to create a blog on trial, his former wife and step-daughter never get over the fact that he lost his the Internet, and many of the entries testified against him. Onstott’s ex-wife

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.123 H14PT1 H5904 CONGRESSIONAL RECORD — HOUSE July 14, 2005 testified he raped her repeatedly and ing with her parents, but for some rea- court judge, when a crime was com- even fondled the 16-year-old daughter. son, the toddler was sent home to her mitted against a child, especially a He was a registered sex offender. In No- mother. These children are vulnerable. sexual assault crime, the system con- vember 1990, Onstott picked up the They cannot tell anyone, and they do tinued to sometimes commit crimes step-daughter from school, fondled her not have anyone to turn to. against the child. The justice system and even left marks on her chest. According to the Houston Chronicle, was not really justice for the kid. What In May, David Onstott, the convicted the 6-month-old was still fighting for I mean is, they would be interviewed sex offender, was in jail and charged her life. She had been physically and by a police officer, then taken to a hos- with the murder of Sarah Lunde. While sexually abused. She was covered with pital and interviewed by medical per- in jail awaiting trial, he was caught brutal injuries, according to the police. sonnel. They would sit in the emer- trying to dig his way out of the jail. He She has been partly blinded by the in- gency room with other people, some- had stolen some type of metal object juries, and now, the parents, Ivan times for hours. Then they would go and was digging into the concrete Castaneda, 22, and Donna Marie Nor- downtown and be interviewed by the floor. He waits for his day in court. man, 19, are each charged with injury police. And sometimes, the children Sarah Lunde, 13. to a child and being held without bond. would be on the elevator at the police Madam Speaker, the assault on chil- If this 6-month-old dies, they would be station, and who else would be on the dren continues. The last example I charged with capital murder. elevator? The perpetrator going to be would like to discuss occurred in Hous- This little girl, however, is a remark- interviewed for the criminal conduct. ton, Texas. It happened this year. I able person. Even though she had been 1815 want to read and paraphrase from dif- admitted to the hospital in February, b ferent articles of the Houston Chron- her kidneys ceased functioning, she They would be bounced around all icle which relate the events better than was put on dialysis, she had skull frac- over the city, interviewed by different I can. According to the Houston Chron- tures, injuries to her lungs, liver, kid- prosecutors. But now, thankfully, be- icle, on February 4, 2005, a 6-month-old neys and her eyes, she continues to live cause of the National Children’s Alli- little girl showed up at Texas Chil- and continues to live to this day. ance and the Children’s Assessment dren’s Hospital severely abused, phys- I have talked to Lieutenant Stanley Center in Houston, those days are over. ically and sexually, and was put on life of the Houston Police, and he said that When kids are sexually assaulted, they support by the hospital authorities. the investigators investigating these go to one center where all of their She was only able to breathe because cases are having difficulty handling the needs are met. They are interviewed. she was on a respirator. This 6-month- abuse that they personally saw. How- Their physical needs are met. When old little girl had been penetrated and ever, the 6-month-old has defied all they are continuing to need more phys- raped vaginally and anally. Her tongue odds. The reddish-haired infant, de- ical or mental therapy later, they go had been severed almost completely scribed as the miracle baby, has been back to this same center. The people off. The baby, mind you, six months of released to a family that hopes to that are there are experts in child sex- age, was in critical condition at the adopt her. The baby has been in hos- ual assault cases and those people are hospital. The baby’s parents were ar- pital for some time, but according to a available for trial when the perpetrator rested, put in police custody and hospital spokesperson, it was a great is caught and his day in court arrives. charges have been filed against them. day because this child survived the That is some good news. Unfortu- According to the hospital authori- most brutal of all attacks. Physically nately, we have to have these centers ties, one said, ‘‘it is the worst case I and sexually abused, every part of her throughout the United States where have ever seen where a child has suf- body bruised, but some way she sur- children go who are sexually abused by fered such horrific types of injuries and vived. So they call her wonder baby, the predators in our community. is still alive . . . The pain that this six months. She lived to the age of six Mr. Speaker, this year before the baby girl must have suffered.’’ months when she was physically and House and the Senate, it was learned Doctors have found other signs of sexually abused, but today she is still that money that goes to protect vic- abuse since the baby’s admittance. The alive. tims of crime was being depleted and parents, who are not married, are in She is the only person I will talk removed from the budget. Let me ex- their early 20s. They took this child to about tonight that survived these bru- plain. In 1994, the President of the Doctor’s Parkway Hospital and told tal attacks. United States established what is the staff she had some problems. The Madam Speaker, these are just a few called VOCA funding, Victims of Crime medical staff obviously became sus- stories of real people, real children in Act. What that allows is for a person picious of abuse and transferred the 6- our communities that were preyed on who is convicted of a Federal crime, month-old baby and another child, a 15- by some sexual predator. There is some they contribute moneys into a fund month-old, the sister of the 6-month- hope, however. Things are happening to and that money goes to victims of old, to Texas Children’s Hospital. protect children in the United States. crime for their medical and physical Texas Children’s Hospital examined Here in Washington, D.C., we have the needs. What a wonderful idea, make both of the kids and noticed that the National Children’s Alliance. It was criminals pay for the system that they 15-month-old had an old broken rib and the idea of the gentleman from Ala- have created by establishing this VOCA skull fractures. Children’s protective bama (Mr. CRAMER) who sits on the fund. services took official legal custody of other side of the aisle, proof that child Once again, this is not money that is both girls, and the 15-month-old is now abuse, child protection, is a bipartisan obtained from taxpayers. It is obtained in foster care. issue. What this National Children’s from criminals. This year there was When the 15-month-old was a month Alliance does is protect children that about $1.6 billion in the VOCA funding, old, she suffered a fracture to her leg. have been abused and sexually as- and there was an attempt and thought She also had hemorrhaging in different saulted throughout the country. There to remove this money and put it into parts of her body which was indicative are some 400 different centers where the general fund. Thanks to the efforts of shaken baby syndrome, according to children who are assaulted sexually of numerous victims groups through- child protective services. They are not can go and be treated. Their medical out the United States and individuals sure who did this, so the father was and emotional needs can be met, and on both sides of the aisle in not only charged with injury of a child in De- they can be interviewed so criminal the House but the Senate, that fund cember 2003, but for some reason, the prosecution can take place against the has been restored and victims organiza- case was dismissed in October. Once perpetrator. tions throughout the United States again, this is the 15-month-old daugh- We probably have the best one of will be able to get that funding. ter. these centers in Houston, Texas, called Where does it go? It goes to domestic The mother had gone to some par- the Children’s Assessment Center. The violence shelters. It goes to child abuse enting classes and some therapy and reason for these centers is this: It used sexual assault centers like the Chil- told some officials that she had left the to be, when I first started prosecuting dren’s Assessment Center and numer- older child with the father and was liv- cases and then when I was a criminal ous organizations that receive funds

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.124 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5905 that criminals have contributed. That will track them for the rest of their not a nice person. They saw too much is some good news. lives. That is the price they pay when TV violence. They played video games. Mr. Speaker, we have also started they choose to commit a crime against They watched the Internet. They con- this year the Victims Rights Caucus. I, children. tinued to blame something or someone along with the gentlewoman from Flor- We know this about child predators: else for their own personal choices. Mr. ida (Ms. HARRIS) and the gentleman they are slick; they are cunning; they Speaker, we now seem to live in the from California (Mr. COSTA) from the are evil. And they continue to repeat land of excusable conduct. All of us are other side of the aisle, have started the their conduct. Most sexual predators responsible for the choices that we first-ever Victims Rights Caucus to that show up at the courthouse that make. Every choice we make, we are raise the profile, the plight of victims have committed sex crimes against personally responsible for that choice. throughout the United States. This is a children, it is understood that they We are accountable for making those good start. have committed several sex crimes choices, and those choices must result It is important that judges through- against that one victim and that there in consequences, regardless of what out the United States be on the first are at least 10 other victims that they that crime is. line of defense of our children. What I have committed sex crimes against. Our greatest resource in this country mean by that is when individuals are There is a war on terror going on in is not our oil, it is not the trees in the caught sexually assaulting our children this world, and we say it is somewhere West, it is not other natural resources, and they come to court and they have else. We have a war on terror not only it is not our wealth. The greatest re- their day in court and they are con- abroad but we have it at home. The source we have in the United States is victed, judges need to understand they terror here, they are child molesters. our children. We as a people must real- have a responsibility to punish those They are the bad guys. And they can no ize that. We are not judged by the way individuals. We need to lock them up. longer run and hide, because we are we treat the rich, the famous, the in- That is why we build prisons. It may be going to keep up with them. We know fluential, the important people in our important to prosecute thieves and that they cannot be rehabilitated. All culture. We are judged by the way we drug dealers and all those other types statistics show that. So if we do not treat the weak, the innocent, the chil- of criminals, but we build prisons to keep them in prison, we need to track dren. Children are our greatest natural house and warehouse people who com- them when they leave the peniten- resource. We have a legal and moral ob- mit sex crimes against our children. tiaries. ligation to protect them. The first duty That is why we build those institutions It is probably the hope of most of us of government is public safety and pro- and judges have an obligation to send when we leave this world, when we die, viding safety for children should be our them there. that we want to be surrounded with the primary concern and the duty of gov- The cases that I recited earlier, many most important people in our life, ernment. of them, they had gone to prison, but probably our kids. This week I had my Mr. Speaker, I close the way I began not for long enough because they got third grandchild born 2 days ago, Eliza- this comment, because I think the out and did it again. We know the fact beth. I have four kids, three girls, a names of these people, these real peo- that almost everybody who goes to son, and now three grandkids. They are ple, these children, are names that we prison gets out eventually. We also all very special to me. I hope that when should not forget. know this about sexual predators on I die, I am surrounded by those kids. Dru Sjoden, 22, North Dakota. our children, that the overwhelming The worst thing I think that could Cary Ann Medlin, 8, Tennessee. number of them, when they leave the ever happen to a parent is to lose a Nicole Parker, 8, California. penitentiary, repeat that conduct. child and especially lose a child to a Chris Byers, 8, Arkansas. So we have an obligation when they crime of violence. But none of these Sherrice Iverson, 7, Nevada. get out of the penitentiary to keep up children that I talked about tonight Amanda Brown, 7, Florida. with them, to track them, so they can left this world surrounded by the peo- Christina Long, 13, Connecticut. no longer haunt our schools, our Boy ple that love them. They were found in Michelle Vick, 14, Washington. Scouts, our churches and our neighbor- holes in the ground, dumped on park- Samantha Runnion, 5, California. hoods. ing lots, thrown in rivers and lakes. Maryann Measles, 13, Connecticut. That is why I introduced legislation Some of their bodies were burned. The Polly Klaas, 12, California. called the Child Predator Act of 2005. last person they saw on Earth was not Amber Hagerman, 9, Texas. This legislation requires registration of their mother, their father, their broth- Adam Walsh, 6, Florida. sex offenders throughout the United er, their sister, but a sex offender. That Megan Kanka 7, New Jersey. JonBenet Ramsey 6, Colorado. States. When they cross State lines, we is the last person they saw before they Sarah Lundy, 13, Florida. lose them. They fall through the died. Danielle Van Dam, 7, California. cracks. This legislation will require We need to be sensitive as a people to Carlie Brucia, 11, Florida. them to register when they move our children, not just our own personal Jessica Lunsford, 9, Florida. across State lines, they must notify kids but the children down the street, Dylan Groene, 9, Idaho. the community; and by failure to no- our neighbors’ kids. We need to watch Wonderbaby, 6 months, Houston, tify, they have committed a Federal of- for them and protect them. We have Texas. fense. that obligation. We have that moral f This act, this bill, has been incor- and legal obligation as a people. These porated in a larger bill sponsored by kids, these children, they had the right MESSAGE FROM THE PRESIDENT the gentleman from Wisconsin (Mr. to life. They had the right to grow up, A message in writing from the Presi- SENSENBRENNER), sponsors from both play in their backyard, go to school, dent of the United States was commu- sides of the House, called the Child have a picnic, run through the fields, nicated to the House by Mr. Sherman Safety Act. This bipartisan legislation, believe in Santa Claus, play sports, be Williams, one of his secretaries. when hopefully passed this summer, is in the school play, be in the high f a measure that will protect the safety school prom, find a mate. All these of children. It will allow for the Inter- things were stolen from all of the kids ON THE OUTING OF A CIA AGENT net access of parents and law enforce- that I mentioned to you tonight, and The SPEAKER pro tempore (Mr. ment of those sexual predators that they were stolen by a child predator. BOUSTANY). Under the Speaker’s an- live in their communities. States will We must hold these criminals ac- nounced policy of January 4, 2005, the be required to notify each other when countable for their conduct. As a judge, gentleman from Washington (Mr. INS- an individual who is a sex offender I heard all types of excuses by these LEE) is recognized for 60 minutes. crosses State lines. There are numer- sexual predators about why they did Mr. INSLEE. Mr. Speaker, I have ous other provisions that protect chil- what they did. Those comments by come to the Chamber this evening to dren from sex offenders. But basically those individuals were nothing more address what many of us consider a we will track these individuals when than excuses. Some of them said they very serious breach of our national se- they leave the penitentiary, and we had a bad childhood. Their mom was curity. The outing of a covert agent

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.126 H14PT1 H5906 CONGRESSIONAL RECORD — HOUSE July 14, 2005 serving the Central Intelligence Agen- ation. What happened is that, leading should have been said. And they essen- cy is something that should not have up to the Iraq war, the President of the tially admitted that Ambassador Wil- happened, and now this House needs to United States went before the Amer- son was correct in his report to the get to the bottom of why it happened ican people to try to build a case for CIA. and how it can be prevented in the fu- the Iraq war. And one of his assertions But then, what did this administra- ture. that he wanted Americans to believe tion do? It turns out that, instead of We have many agents serving in a was that Iraq was on the cusp of ob- thanking Ambassador Wilson for his covert or undercover capacity who are taining nuclear weapons, and he and work, instead of calling him up and serving with distinction in the United his Secretary of State and others saying, Thanks, Joe, for your work in States, as we speak, around the world. brought a specter of a mushroom cloud Africa, we are sorry we made a mis- These are men and women who have frequently. And one of the things he take, glad it got cleared up, what did contributed and honored us with their did in the State of the Union, he stood they do? It turns out that someone in service to try to provide for our safety, right behind me in the Chamber, ad- the executive branch of the United our personal safety. They sometimes dressing the Joint Session of Congress, States with secret information about a live in tough circumstances. When they and told the American people that, es- secret agent of the United States Gov- are covert, undercover agents, they fre- sentially Saddam Hussein, that mur- ernment blew the cover of Joe Wilson’s quently take great personal risks. derous thug in Iraq, had obtained ura- wife, thereby potentially endangering They play one of the most potentially nium yellow cake, the material from an undercover agent, thereby destroy- fatal games, which is to attempt to ob- which one would build fissionable ma- ing the integrity of our national secu- tain information for the United States terials, the heart of a nuclear weapon. rity information, thereby jeopardizing to protect us safely in our homes in And he told the American people that others for whom Joe Wilson’s wife had this country. I think it is fair to say our intelligence had learned that Iraq worked and possibly violating the that on a bipartisan basis we honor had obtained uranium yellow cake criminal laws of the United States of their service and we respect their serv- from Niger, a country in Africa. And he America. ice, and we ought to protect them by did not say this was questionable; he Not exactly the kind of response Joe not divulging their identity to anyone. said it was a fact. And he issued 16 Wilson got from the first President words that later turned out to be false. Bush, because in our disclosure, for a b 1830 And some time thereafter, we found, moment, I would like to introduce Am- Their identity is something that through an article written in the New bassador Joe Wilson to those who may must be held closely for their personal York Times by Ambassador Joseph be listening about who this gentleman safety, for their family’s personal safe- Wilson, that, in fact, Ambassador Jo- is. He is a fellow who served with dis- ty, for our ability to pursue our intel- seph Wilson had been sent to Niger at tinction in the Foreign Service of the ligence in an effective manner, and the request of the Central Intelligence United States in several countries, in- even for the safety of the people around Agency. They requested Ambassador cluding Africa. He was our last Foreign the world with whom they deal. Be- Joe Wilson, who had previously served Service agent in Baghdad before the cause when one blows the cover of an in Africa and had knowledge of the Af- first Persian Gulf War. And he was a undercover agent, they put not only rican situation, to go to Niger to at- pretty gutsy guy when he was in potentially their own lives in danger, tempt to find out whether there was charge of the affairs of our embassy in but they endanger everyone they have any truth to the fact whether or not Baghdad; gutsy enough that when Sad- ever had lunch with in these foreign Niger had sent uranium yellow cake to dam Hussein threatened to hang or countries who now become suspected Iraq. And we subsequently learned and execute any American who tried to get potentially CIA operatives of the Ambassador Wilson had the courage, Americans out of the country, Saddam United States as well. the foresight, the gumption to notify was going to threaten to hold them So I think it is fair to say that the il- America that this was false, that, in hostage, to try to prevent the attack licit wrongful outing of a CIA covert fact, he had gone to Niger at the re- on the forthcoming attack in the first agent is something very serious, some- quest of the CIA, fulfilled his patriotic Persian Gulf War, threatened to kill thing the U.S. Congress needs to be duty; had the gumption to go into this anyone who tried to preserve and pro- concerned about. And in this particular difficult place, which is not exactly the tect Americans there, Ambassador Wil- sad and sordid affair, we need to be Club Mediterranean, fulfilled his duty; son’s response was to hold a press con- concerned about. And that is why I and came back and reported to the CIA ference with a noose around his neck would like to address this evening in that this assertion that yellow cake and basically said, Come and get me, my comments what happened in the came from Niger was, frankly, wrong, Saddam, I will be the first to challenge outing of a particular covert agent by that it was highly unlikely that the you because I am taking my people the executive branch of the United documents were accurate that someone home safely. And Ambassador Wilson States. had relied upon to suggest this ura- did. We did not lose a Foreign Service And as many people know now, we nium yellow cake had come from person, extricating them from Iraq be- have experienced a case in the last 2 Niger. And he reported that these were fore the first Persian Gulf War hap- years where the executive branch of likely forgeries. pened. And one of the reasons that hap- the United States Government, the He then reported to the American pened, one of the reasons, is that we people who work by, for and now very people that this was wrong. And it had Ambassador Joe Wilson on the job closely to President George Bush were turns out that, actually, there were at to challenge Saddam Hussein, to stand apparently responsible for blowing the least two other reports that had been up to that murderous thug, and deliver cover of an undercover agent who circulated in the CIA suggesting that his people back to America without a worked with distinction with the Cen- what the President said was wrong. So single loss of life. He showed some tral Intelligence Agency. This is a very the American public learned that what courage then. serious matter not only for the safety the President said in the State of the In fact, the then President Bush, who potentially of this agent but for our Union Address was wrong; it was false. effectively hired him, who gave a press ability to maintain the integrity of our At that point, the response from the conference, on October 22, 1990, telling security services of the United States. administration was that Ambassador the world that we had a very capable, And on a bipartisan basis, we need to Joe Wilson was correct. It was wrong, effective person there, Joe Wilson, that commit the U.S. Congress to see to it and that it was a mistake, that this Saddam can talk to. Later, on January that those things do not happen again. should not have been in the State of 30, 1991, the first President Bush wrote And to start that process, we need to the Union Address. It was an error. It a handwritten note to Ambassador Wil- know how it happened in this case. was, in fact, false, and that Ambas- son, and it is in a book that the ambas- Briefly, if I can summarize, and sador Joe Wilson was correct. And now sador wrote; a handwritten note from many people know these facts, but for Secretary of State Rice and others the first President Bush said, ‘‘Dear purposes of a summary, I would like to were very candid at that point, saying Joe, both Barbara and I appreciate summarize what happened in this situ- that what the President said never your note of January 25. Even more, we

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.128 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5907 appreciate your service to your coun- that this White House operates. That’s bassador Wilson came forward and told try and your courageous leadership not the way the President operates. No the American people the truth, I think while you were in Baghdad. Good luck. one would be authorized to do that 3 days before Mr. Novak printed an ar- Many thanks.’’ Signed personally, within this White House. That is sim- ticle to that effect. ‘‘George Bush.’’ ply not the way we operate, and that’s We now know that, in fact, the Dep- The reason I note this is that, very simply not the way the President oper- uty Chief of Staff was involved in a dis- unfortunately, we have seen a cir- ates.’’ Really? closure that Joe Wilson’s wife was, in cumstance now where the people who Continuing, he was asked if Karl fact, working for the CIA. But it was could have been thanking Ambassador Rove did that, and Mr. McClellan re- not just a few of those comments. We Wilson for bringing the White House’s sponded, ‘‘I haven’t heard that. That’s look at Mr. McClellan’s comments error to their attention and to the just totally ridiculous. But we’ve al- later on. public’s attention instead are running ready addressed this issue. I just said, On October 10, Mr. McClellan was around, and I do not know how else to it’s totally ridiculous.’’ asked, Question: ‘‘Scott, earlier this categorize them other than attack Was that a slip of the tongue by Mr. week you told us that neither Karl dogs, trying to destroy the credibility McClellan? No. In fact, Mr. Rove joined Rove, Elliott Abrams, nor Lewis Libby of Ambassador Wilson. And it is very in that. On September 29, ABC News, disclosed any classified information unfortunate because this is a gen- Owen asked him, Mr. Rove: ‘‘Did you with regard to the leak. I wonder if you tleman who was honored by the first have any knowledge or did you leak could tell us more specifically whether President Bush, served with distinc- the name of the CIA agent to the tion, and really did not deserve to have any of them told any reporter that Val- press?’’ Rove: ‘‘No.’’ At which point Mr. erie Plame worked for the CIA.’’ his wife attacked, his wife’s career Rove shut his car door and bid adieu. damaged, if not destroyed, really did McClellan: ‘‘I spoke with those indi- Really? not deserve to have the entire force of viduals, as I pointed out, and those in- On September 29, 2003, a question was the administration of the United dividuals assured me that they were asked to Mr. McClellan: ‘‘Has the States come down on him and now not involved in this. And that is where President either asked Karl Rove to as- have these multiple attacks on his rep- it stands.’’ utation going on across this country; a sure him that had he nothing to do Question: ‘‘So none of them told any person who has supported Republicans with this or did Karl Rove go to the reporter that Valerie Plame worked for in the past, gave money to the first President to assure him that he . . . ’’ the CIA?’’ Bush campaign, was a bipartisan per- McClellan: ‘‘I don’t think he needs McClellan: ‘‘They assured me that son before someone in this President’s that. I think I’ve spoken clearly to this they were not involved in this.’’ administration tried to destroy his publicly . . . I’ve just said there’s no That was not the case. Mr. McClellan wife’s career, and did so. And now we truth to it.’’ was either told inaccurately by at least Question: ‘‘Yes. But I’m just won- have this very unfortunate attack on the Deputy Chief of Staff, or Mr. dering if there was a conversation be- Ambassador Joe Wilson going across McClellan has told us a story that is tween Karl Rove and the President or this country. not true. We do not know what it is at if he just talked to you and you’re here Why is that? Well, the reason is that, this point, but we do know a couple of at his . . . ’’ fortunately, Ambassador Wilson had central facts that are pivotal here. We McClellan: ‘‘He wasn’t involved. The the temerity to tell the truth. He had know that a war started. Mr. Speaker, President knows he wasn’t involved.’’ the temerity to stand up to the admin- 1,700 Americans-plus of our sons and Question: ‘‘How does he know that?’’ istration and blow the whistle on some- daughters will never come home from McClellan: ‘‘The President knows.’’ thing they did that was wrong. And the sands of Iraq. We know that the Well, the question is, as was fa- what they did that was wrong was to reason for that is the President of the mously put, what did the President tell Americans that Saddam had ura- United States told Americans that a know and when did he know it? Be- nium yellow cake from Niger. They ad- mushroom cloud could be imminent be- cause for a year and a half now, this mitted that they were wrong but now cause, in part, Iraq had uranium yellow White House and this administration are trying to attack the credibility of cake. We know that that was false. and this President have been telling us the person who told the truth. It is We know that Ambassador Joe Wil- very unfortunate. And they are embar- that neither the Deputy Chief of Staff nor anyone else he knows of was re- son, sent by the CIA to report on that rassed by that; rightfully so. And how told the CIA that that was false. We do we know that? Well, we know what sponsible for this outrage. Really? So we continue with this litany. know that when he told the American the response has been for the last year people the truth, that, in fact, a false- and a half while questions have been b 1845 hood that had been told that is partly asked as to whether or not the Presi- responsible for a war that has resulted dent’s close confidants were respon- Scott McClellan: ‘‘I have made very in 1,700 Americans dead and 13,000 of sible for this outrage of blowing the clear from the beginning that it is to- our sons and daughters seriously in- cover of a secret agent. How do we tally ridiculous. I have known Karl for jured. We know that he has now suf- know that? a long time, and I didn’t even need to Let us look at what the White House go ask, because I know what kind of fered the slings and arrows of an out- has done, whether they feel some po- person that he is, and he is someone raged administration that blew the tential embarrassment about this. Has that is committed to the highest stand- cover for his wife who was a covert the White House been forthcoming and ards of conduct.’’ agent for the CIA. straight with us about the involvement Continuing, September 30, 2003: When We know those central facts, because of people, including the Deputy Chief asked, ‘‘What would George Bush do if the Deputy Chief of Staff’s attorney of Staff of the White House? Let us find he found out someone was responsible now has told us the truth after a year- out. Let us look at some quotes by the for this?’’ And the President said, ‘‘Lis- and-a-half of falsehoods from this ad- President’s spokesperson. His name is ten, I know of nobody, I don’t know of ministration, of giving America false Scott McClellan. He is the official anybody in my administration who information about how this outrage oc- spokesperson for President George leaked classified information. If some- curred. Bush. Mr. McClellan was asked on July body did leak classified information, Now, that was wrong. We had to have 22, 2003, the question: ‘‘Scott, has there I’d like to know it and will take the ap- a bipartisan consensus, and I think ever been an attempt or effort on the propriate action.’’ there is in this Chamber, that both Re- part of anyone here at the White House Well, we are waiting for the appro- publicans and Democrats believe it is to discredit the reputations or report- priate action, because we since have wrong to blow the cover of an agent. ing of former Ambassador Joe Wilson, been told by the Deputy Chief of Staff’s The reason we believe this is very sim- his wife, or ABC Correspondent Jeffrey lawyer that, in fact, he told a press ple. We think there is a bipartisan con- Kofman?’’ agent himself personally that Joe Wil- sensus in this Chamber and in this McClellan: ‘‘John, I think I answered son’s wife was working for the Central country that secret agents ought to re- that yesterday. That is not the way Intelligence Agency shortly after Am- main secret, and no President of either

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.129 H14PT1 H5908 CONGRESSIONAL RECORD — HOUSE July 14, 2005 party or anyone working for the Presi- dory with the American people. It is Chief of Staff for a year-and-a-half and, dent with access to the secret informa- not. It is wrong. It is terrible. It is an as far as we know, has never said, Karl, tion ought to blow that cover. That abuse of democracy and the people who what went on here? What was the deal happened here. work for us as undercover agents, and here? Were you involved in this in any So we have to ask, Were there ex- it will not stand. way? As far as we know, the President cuses for that? Are there excuses that The second excuse they use, they say, has never asked the person working we should accept that? Are there ex- well, the Deputy Chief of Staff was just with him on an hourly basis what hap- cuses that we should buy? Are there ex- being innocent here; he was just trying pened here. It does not look to me like cuses that allow our secret agents and to clear up some confusion about who a President who wants to get to the our national security to be jeopard- ordered or asked Mr. Wilson to go to bottom of this whole thing and clear ized? Well, some people are saying this Africa. We know it was the CIA and, out this nest of subterfuge as quickly should be excused, it should be swept frankly, how the CIA made a decision, as he can. The American people deserve under the rug, Congress should not I am not sure is of any particular im- that. That second excuse just does not look into it, we have no business ask- portance to anyone. I mean, what im- pass the laugh test. ing hard questions of the administra- portance is it who ordered Mr. Wilson The third excuse that I have heard tion. The White House has suggested to go to Niger? If it was one person, proffered by the attack dogs defending they are not going to talk about it. does that change the fact that we have this abuse is that Mr. Wilson did not They were happy to talk about it when 1,700 dead in Iraq? Does it justify the vote for President Bush this time. He is they said they were not involved, but, President in using false information to a member of this loathsome, under- boy, as soon as they found out they precipitate a war? Does that make it world group called Democrat. Well, I were involved, they do not want to talk okay? I frankly do not understand am not sure it is actually true, since about this and they want Congress to what difference it made, except for an Ambassador Wilson supported the can- just shrink away and go home quietly effort to damage Ambassador Wilson’s didacy financially of actually both Re- and not find out what happened here. credibility, which apparently was going publicans and Democrats in the past. We think we need to find out what on here, sadly. He has actually supported them about But be that as it may, let us just ask happened here. So let us see what the equally, since he got a congressional ourselves, if the Deputy Chief of Staff excuses are that they have proposed. I letter from the guy who hired him, the wanted to clear it up and said it was have been listening carefully to the first President Bush because of his cou- not the Vice President who precip- White House, people now working for rageous work in Baghdad. He does not itated this expedition to Niger, he did the President. I have been listening look like a particular pacifist to me not have to mention Joe Wilson’s carefully to their political allies that is sort of on the left wing of the name, his wife’s name or identify her. around the country. What excuses do spectrum at all. He simply could have said it was not they proffer for this misconduct? Now, after the administration of the Vice President, it was someone else I really see three. First, they argue President Bush destroyed the career of that because the Deputy Chief of Staff at the CIA. Now, ask yourself, why did the Dep- his wife and jeopardized her safety, he did not spell out the names, the letters uty Chief of Staff not simply tell the probably did not vote for this current of the name of this secret agent, that reporter it was somebody else at the President, but I am not sure that is a he should be excused from destroying CIA instead of what he did say, which reason to violate the security laws of her covert status, because he did not was, it was Joe Wilson’s wife? Why did the United States potentially and blow use the name Valerie Plame or Valerie he not do that? I would like to know the cover of a covert agent. Wilson, he did not use those letters. All I guess what these people on the the answer to that question, and Con- he said was, it was Joe Wilson’s wife. right wing are saying is that it is okay, gress deserves an answer to that ques- Well, Mr. Speaker, when you think tion. it is acceptable, it is consistent with about it, unless Joe Wilson was a po- That is why the Deputy Chief of Staff American ethics to go after a man’s lygamist, we knew exactly who he was ought to come to Congress under oath wife as long as he is a Democrat. It is talking about. If somebody says your and answer these questions about what okay to destroy the covert and pro- wife is an undercover agent, it is pretty happened in these circumstances. That tected status of our secret agents, as clear to the neighbors in the neighbor- is why we have filed today, with the long as they are related to somebody hood and where she works, you know gentleman from New Jersey (Mr. HOLT) who might have voted for a Democrat who he is talking about. In fact, it is leading this effort, a resolution of in- in their life. I disagree with that. I dis- interesting that during my comments quiry that would simply compel the agree. I believe that covert agents who of the last few minutes, I have been re- White House to turn over, and the Sec- are putting their lives on the line for ferring to the Deputy Chief of Staff of retary of State and the CIA and the De- America ought not to be abused, I do the White House. I never said the name fense Department, documents per- not care what their political situation Karl Rove. Never spelled out the K and taining to this whole affair. is. I do not care if they have held signs the R, but we know who I am talking Because, frankly, there may be a calling for the removal of President about. That is why anyone who wanted whole bunch of other people besides the George Bush from the White House. to know whether Valerie Wilson is a se- Deputy Chief of Staff of the White This is not the way America is sup- cret agent knows exactly who we were House responsible for this outrage. Mr. posed to act. We expect more of our ad- talking about and anyone she has ever Novak said there were at least two peo- ministrations. No administration has talked to in her covert capacity around ple within the administration who the right to punish political activity in this world knows exactly who we are identified Valerie Plame as an opera- this country, and no political adminis- talking about, and everyone who she tive. An operative means undercover tration has the right to punish an had lunch with in her work, working on agent. In Mr. Novak’s own lexicon, you American who told the truth to power, weapons of mass destruction in the can check it out and do a Nexus search who pointed out that an administra- CIA, knows who he was talking about. and find out when he says operative, he tion started a war based on a falsehood. That dog just will not hunt. means undercover agent. But we know Nobody has that authority in a democ- It is, frankly, insulting to the Amer- that is what happened. But there may racy. ican people that their administration be others involved in this, and this I, frankly, do not care what Ambas- and their political allies argue that it Congress needs to get to the bottom of sador Joe Wilson’s political inclina- is okay to out a CIA agent, as long as who those people are and how that hap- tions are, because I know one thing, I you do not use their name or their So- pened, to make sure it does not happen know one thing for sure: Americans de- cial Security number. You can tell again. Because, frankly, Americans serve to be treated fairly. And when them whose wife it is, you can tell have a right to be disenchanted with this administration attacked a man’s them where they work, you can tell the President’s failure here of not get- wife and exposed her to danger and vio- them where they live, you can show a ting to the bottom of this. lated the national security and re- picture of them, but as long as you do Mr. Speaker, the President has been moved the integrity of our national se- not spell out their name, it is hunky- working about 3 feet from the Deputy curity, it was wrong. I do not care what

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.131 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5909 party Joe Wilson is in. It was simply Congressional investigation of what what they know about this so I can wrong. happened in this case on a two-track make a decision about whether they So we have now looked at three ex- basis. And it is necessary, not just get fired or not; the President said, I cuses that the administration has of- from a national security standpoint; it am not going to do anything about it. fered for the outing of a covert agent in is necessary from a democratic stand- I’m going to let the criminal prosecu- the United States of America. This point, with a little d, the democracy tion go ahead and hope that the Fifth identity thing is a laughable argument. for all of us, in all parties. The reason Amendment and Miranda and grand They clearly destroyed the cover of is, we have seen this movie before. jury secrecy rules and everything can this agent. The argument that some- You know, when administrations, delay this as far as possible, and so far, how they were simply innocent does when they have the whistle blown on it has taken a long time. not wash, because here is another rea- them, when they are not totally being Yes, we have these issues. We have son I have not addressed: it does not candid with the American people, they had to work through the investigation. matter what the motivations were for very frequently go into this defensive So I guess, to some degree, it has not the Deputy Chief of Staff to blow the crouch. And the defensive crouch is, worked, but what is sad about this is cover of a secret agent. It may have they do two things, maybe three: First, that the attacks on Ambassador Wilson been virtuous; it may not have been they do not share the honest informa- continue today. virtuous. It does not matter. The fact tion with the American people. Second, Now, remember, Ambassador Joe of the matter is, the national security they say things to the American people Wilson is the guy who had the courage of the United States has been jeopard- that are not true. And third, and this is to point out a falsehood in the State of ized. what I think happened in this case, I the Union address. That is not easy. You got to understand, when you chal- b 1900 believe they try to destroy the credi- bility of the people who are criticizing lenge the most powerful man in the This secret agent’s covert status has the administration. world, President George Bush, it is not been blown. We really do not, perhaps This happened in my lifetime in one easy, to point out that in this par- should, care what the motivation was. egregious case where Daniel Ellsberg ticular instance the President was We know that at least two people, if published the Pentagon Papers that ex- wrong in what he told the American Mr. Novak was, assuming he is telling posed the multiple falsehoods of Rich- people. And he was right. the truth, there are at least two ad- ard Nixon’s administration. President We know that because Secretary Rice ministration officials who willfully Nixon was not being candid to the has said on multiple occasions that, if blew the cover of this agent. Whether American people about the War in the President had known what Ambas- they were angelic or demonic does not Vietnam, and Mr. Ellsberg and other sador Wilson reported, they would matter. It was wrong. It damaged our whistle blowers disclosed the truth never have put this in the State of the security, and it should not stand. about the Vietnam War. Union address. Now, we are told that And the third thing is that Ambas- And the Nixon administration’s re- what Ambassador Wilson reported sador Wilson should be punished. sponse was immediately to attack Mr. never got to the President. That is Rightfully, he got what he deserved Ellsberg. And what they did in that most unfortunate. But the point is, it and his wife got what she deserved, be- case, they burglarized Daniel Ellsberg’s took a lot of gumption for Ambassador cause he did not vote for George Bush psychiatrist to try to get, you know, Wilson to point this out to Americans. this time. That does not comport with the psychiatric records on Mr. Ellsberg And yet, today, this administration American values of democracy. So to damage his credibility. And it was a has condoned, clearly condoned the these excuses, they have been offered, reaction to Daniel Ellsberg telling the majority party operatives, the political do not remove the necessity for the truth. operatives in a national attack on Am- United States Congress to act in our Now, in this case, what happened, bassador Joe Wilson for just doing his oversight role of the executive branch. and we cannot pry into one one’s moti- job. The judicial system is not the only vation 100 percent, but it certainly His job was to go to Niger and report branch of Government that has an obli- makes me suspicious, at least, that the truth. He went there and did that. gation to protect Americans from the what we are seeing is an attack on the It was no picnic. He was right. He train of abuses of the executive branch. credibility of Ambassador Joe Wilson pointed out to the American people We know there is a pending inves- by attacking and punishing his wife. what was true about this situation. tigation of the criminality of this mat- Is that the way America is supposed And what was his reward from the ad- ter. Whether this is criminal or not, by to work, that when you tell the truth ministration? the way, there may be no indictments about an elected official, and it turns It reminds me of a quote from Shake- ever filed in this case; I do not know out that you were right and the elected speare, if I do not botch it: Cry havoc the answer to that. But even if there official was wrong, that the President and let slip the dogs of war. And that is are no indictments filed in this case, I of the United States, his administra- what they are waging right now on am convinced, and I think a number of tion attacks your wife? Ambassador Joe Wilson. my colleagues are convinced, that this Is that the way America is supposed I think it is most unfortunate. In- was not good for the national security to be? To try to damage you through a stead of joining forces on a bipartisan of the United States. It was unfair. It shot across the bow, to make sure ev- basis today for Congress to get to the was wrong. It was unjustified. There is eryone else in the CIA and everybody bottom of what happened here, they no excuse for it. else with information knows if you say have started this smear campaign It violates, if not the felony laws of anything bad about this administra- against Ambassador Joe Wilson, a per- the United States, the code of democ- tion, look at what we are capable of son who has conducted himself with racy and the way we expect our admin- doing to your family. honor and has done great service to the istration to handle national security. Pretty good intimidation. Did not in- United States. So we need to get to the bottom of timidate Ambassador Joe Wilson. He And they did perhaps even worse to this, and Congress needs to act. I also was not intimidated by Saddam Hus- his wife, the former but no longer able may note that we will hear the argu- sein, and he was not intimidated by the to act as a covert agent for the CIA. ment that Congress should not act be- Deputy Chief of Staff of this adminis- And I think that is sad. And it is not cause there is an ongoing criminal in- tration. He is not easily intimidated. consistent with what we should expect vestigation. I am sensitive to that. I So the fact of the matter is, what is from our presidents or from our admin- am a former prosecuting attorney. And sad about this situation is, instead of istrations. We can do better, Repub- I am sensitive to that. the White House saying, you know, in- licans, Democrats, Independents, they Fortunately, we are told that that in- stead of the President saying, I am all deserve better in this situation. We vestigation has now completed inter- going to get an affidavit from 20 of my cannot let this happen again. views of people in the administration top lieutenants, I am going to demand President Bush is never going to they sought to interview. And it should them to have an affidavit on my desk stand for reelection again. His elec- be in no way difficult in pursuing the by 5 o’clock tonight telling me exactly toral prospects are not important in

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.132 H14PT1 H5910 CONGRESSIONAL RECORD — HOUSE July 14, 2005 this. Politics are not important in this. cans. And we need to make sure that marks and include extraneous mate- What is important for Congress to do is job gets done. rial:) to find out a away to prevent this from f Ms. NORTON, for 5 minutes, today. happening again, to make sure that fu- REPORT ON PALESTINIAN SECU- f ture administrations know that these RITY SERVICE AND OTHER PAL- excuses are not going to be acceptable ENROLLED BILL SIGNED ESTINIAN AUTHORITY RE- to the American people. It is very im- Mr. Trandahl, Clerk of the House, re- FORMS—MESSAGE FROM THE portant that Congress go on record say- ported and found truly enrolled a bill PRESIDENT OF THE UNITED ing that presidents in the future can- of the House of the following title, STATES (H. DOC. NO. 109–44) not just wink and say, well, go ahead, which was thereupon signed by the go ahead and blow the cover for this The SPEAKER pro tempore (Miss. Speaker: agent because it might help us politi- MCMORRIS) laid before the House the H.R. 3071. An act to permit the individuals cally in one way or another. Just do following message from the President currently serving as Executive Director, not spell their name, because then we of the United States; which was read Deputy Executive Directors, and General can get away with it. and, together with the accompanying Counsel of the Office of Compliance to serve It is for Congress to say, that is inex- papers, without objection, referred to one additional term. cusable. It is important for Congress to the Committee on International Rela- f say that whether you are a Republican tions and ordered to be printed: ADJOURNMENT or a Democrat in this country, if To the Congress of the United States: you’ve got a close family member who Consistent with section 2106 of the Mr. INSLEE. Madam Speaker, I move is a covert agent, it does not matter Emergency Supplemental Appropria- that the House do now adjourn. who you voted for, it does not matter tions Act for Defense, the Global War The motion was agreed to; accord- who they voted for, it is wrong to blow on Terror, and Tsunami Relief, 2005 ingly (at 7 o’clock and 14 minutes their cover and create personal danger (Public Law 109–13), and in order to p.m.), under its previous order, the for them. keep the Congress fully informed, I House adjourned until Monday, July 18, It is important for Congress to say herewith submit the enclosed report 2005, at 12:30 p.m., for morning hour de- that. It is important for my Republican prepared by my Administration pro- bates. colleagues to join me in saying that. It viding information on matters relating f is important that this be a bipartisan to the Palestinian Security Services statement. And I am hopeful that this and Palestinian Authority reform. EXECUTIVE COMMUNICATIONS, ETC. resolution of inquiry, I am hopeful that GEORGE W. BUSH. my Republican colleagues will have the THE WHITE HOUSE, July 14, 2005. Under clause 8 of rule XII, executive gumption to join us in saying, you f communications were taken from the Speaker’s table and referred as follows: know, what we need to do to get to the LEAVE OF ABSENCE bottom of this. 2688. A letter from the Executive Director, There is actually a little bit of hope- By unanimous consent, leave of ab- Commodity Futures Trading Commission, ful signs that I can report to Ameri- sence was granted to: transmitting the Department’s final rule — cans, and that is that there was a sug- Ms. CARSON (at the request of Ms. Investment of Customer Funds and Record of gestion by a Republican chairman the PELOSI) for today on account of busi- Investments (RIN: 3038-AC15) received June other day that he may entertain hear- ness in the district. 21, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. ings that would look at issues per- Ms. KILPATRICK of Michigan (at the request of Ms. PELOSI) for today. 2689. A letter from the Executive Director, taining to breaches of national secu- Commodity Futures Trading Commission, Mr. OBEY (at the request of Ms. rity, including this one. transmitting the Department’s final rule — This may not be the only issue we PELOSI) for today before 1 p.m. on ac- In the Matter of the New York Mercentile have in maintaining confidentiality of count of airline delays. Exchange, Inc. Petition To Extend Interpre- our national security. I think that is a SPECIAL ORDERS GRANTED tation Pursuent to Section 1a(12)(C) of the positive sign. I hope that it is followed. Commodity Exchange Act — received June By unanimous consent, permission to 21, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to I hope that we can fulfill our congres- address the House, following the legis- sional responsibilities jointly, in a bi- the Committee on Agriculture. lative program and any special orders 2690. A letter from the Executive Director, partisan fashion. heretofore entered, was granted to: Commodity Futures Trading Commission, So, in conclusion, I am just here to (The following Members (at the re- transmitting the Department’s final rule — state one central American principle: quest of Mr. SCHIFF) to revise and ex- Revision of Federal Speculative Position Top secret spies serving the United tend their remarks and include extra- Limits (RIN: 3038-AC24) received June 21, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the States need to stay secret. No adminis- neous material:) tration, no matter how powerful, no Committee on Agriculture. Mr. DEFAZIO, for 5 minutes, today. matter how popular, of either party 2691. A letter from the Executive Director, Mr. SCHIFF, for 5 minutes, today. should ever be able to get away and Commodity Futures Trading Commission, Ms. WOOLSEY, for 5 minutes, today. transmitting the Department’s final rule — offer excuses for blowing the cover for Mr. BROWN of Ohio, for 5 minutes, Distribution of ‘‘Risk Disclosure Statement’’ an agent in this regard. today. by Futures Commission Merchants and In- I am here to say that the United Mr. EMANUEL, for 5 minutes, today. troducing Brokers (RIN: 3038-AC16) received States Congress owes an obligation to Mr. EDWARDS, for 5 minutes, today. June 21, 2005, pursuant to 5 U.S.C. the American people to get to the bot- Ms. JACKSON-LEE of Texas, for 5 min- 801(a)(1)(A); to the Committee on Agri- tom of how this happened. We need to utes, today. culture. make sure that this does not happen (The following Members (at the re- 2692. A letter from the Acting Adminis- trator, Agricultural Marketing Service, De- again, to make sure that Congress quest of Mr. GINGREY) to revise and ex- draws a line in the sand, to indicate partment of Agriculture, transmitting the tend their remarks and include extra- Department’s final rule — Onions Grown in how serious this issue is, and that this neous material:) Certain Designated Counties in Idaho, and country can move forward in a bipar- Mr. MACK, for 5 minutes, today. Malheur County, OR; Decreased Assessment tisan way to make sure that our na- Mr. FITZPATRICK of Pennsylvania, for Rate [Docket No. FV05-958-1 IFR] received tional security is protected for all 5 minutes, today. June 17, 2005, pursuant to 5 U.S.C. members of the greatest country in the Ms. FOXX, for 5 minutes, today. 801(a)(1)(A); to the Committee on Agri- world, which is America. And one of Mr. PAUL, for 5 minutes, today. culture. 2693. A letter from the Acting Adminis- the reasons it is the greatest country Mr. GINGREY, for 5 minutes, today. in the world is that Congress has ful- trator, Agricultural Marketing Service, De- Mr. GUTKNECHT, for 5 minutes, today. partment of Agriculture, transmitting the filled an obligation to blow the whistle Mr. JONES of North Carolina, for 5 Department’s final rule — Irish Potatoes on executive branches of government minutes, July 18, 19, 20, and 21. Grown in Certain Designated Counties in when they have abused either the na- (The following Member (at her own Idaho, and Malheur County, OR; Relaxation tional security or the rights of Ameri- request) to revise and extend her re- of Handling Regulations [Docket No. FV05-

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K14JY7.134 H14PT1 July 14, 2005 CONGRESSIONAL RECORD — HOUSE H5911 945-1 IFR] received June 17, 2005, pursuant to ment of Agriculture, transmitting the De- ings for 12.4/7.2 kV Line Construction — re- 5 U.S.C. 801(a)(1)(A); to the Committee on partment’s final rule — Intermediary Re- ceived April 7, 2005, pursuant to 5 U.S.C. Agriculture. lending Program (RIN: 0570-AA42) received 801(a)(1)(A); to the Committee on Agri- 2694. A letter from the Acting Adminis- June 30, 2005, pursuant to 5 U.S.C. culture. trator, Agricultural Marketing Service, De- 801(a)(1)(A); to the Committee on Agri- 2715. A letter from the Chief, Regulatory partment of Agriculture, transmitting the culture. Review Group, Department of Agriculture, Department’s final rule — Dried Prunes Pro- 2704. A letter from the Acting Adminis- transmitting the Department’s final rule — duced in California; Suspension of Handling trator, Food Safety and Inspection Service, Extra Long Staple Cotton Prices (RIN: 0560- and Reporting Requirements, Extension of Department of Agriculture, transmitting the AH36) received June 16, 2005, pursuant to 5 the Suspension of Outgoing Inspection and Department’s final rule — Termination of U.S.C. 801(a)(1)(A); to the Committee on Ag- Volume Control Regulations, and Extension Designation of the State of North Dakota riculture. of the Suspension of the Prune Import Regu- With Respect to the Inspection of Poultry 2716. A letter from the Chairman, Farm lation [Docket No. FV05-993-2 IFR] received Products [Docket No. 04-036F] (RIN: 0583- Credit Administration, transmitting the Ad- June 17, 2005, pursuant to 5 U.S.C. AD13) received June 30, 2005, pursuant to 5 ministration’s final rule — Assessment and 801(a)(1)(A); to the Committee on Agri- U.S.C. 801(a)(1)(A); to the Committee on Ag- Apportionment of Administrative Expenses; culture. riculture. Loan Policies and Operations; Funding and 2695. A letter from the Acting Adminis- 2705. A letter from the Congressional Re- Fiscal Affairs, Loan Policies and Operations, trator, Agricultural Marketing Service, De- view Coordinator, APHIS, Department of Ag- and Funding Operations; Disclosure to partment of Agriculture, transmitting the riculture, transmitting the Department’s Shareholders; Capital Adequacy Risk- Department’s final rule — Milk in the Pa- final rule — Mexican Fruit Fly; Interstate Weighting Revisions (RIN: 3052-AC09) re- cific Northwest Marketing Area: Order Movement of Regulated Articles [Docket No. ceived June 17, 2005, pursuant to 5 U.S.C. Amending the Order [Docket No. AO-368-A30; 03-059-3] received June 29, 2005, pursuant to 5 801(a)(1)(A); to the Committee on Agri- DA-01-08-PNW] received April 13, 2005, pursu- U.S.C. 801(a)(1)(A); to the Committee on Ag- culture. ant to 5 U.S.C. 801(a)(1)(A); to the Committee riculture. 2717. A letter from the Chairman, Farm on Agriculture. 2706. A letter from the Congressional Re- Credit Administration, transmitting the Ad- 2696. A letter from the Acting Adminis- view Coordinator, APHIS, Department of Ag- ministration’s final rule — Borrower Rights trator, Agricultural Marketing Service, De- riculture, transmitting the Department’s (RIN: 3052-AC24) received April 18, 2005, pur- partment of Agriculture, transmitting the final rule — Highly Pathogenic Avian Influ- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Department’s final rule — Milk in the North- enza; Additional Restrictions [Docket No. 04- mittee on Agriculture. east Marketing Area; Order Amending the 011-2] received June 23, 2005, pursuant to 5 2718. A letter from the Deputy Assistant Order [Docket No. AO-14-A70; DA-02-01] re- U.S.C. 801(a)(1)(A); to the Committee on Ag- Secretary for Export Administration, De- ceived April 13, 2005, pursuant to 5 U.S.C. riculture. partment of Commerce, transmitting the De- 801(a)(1)(A); to the Committee on Agri- 2707. A letter from the Congressional Re- partment’s final rule — Licensed Policy for culture. view Coordinator, APHIS, Department of Ag- Entities Sanctioned under Specified Stat- 2697. A letter from the Acting Adminis- riculture, transmitting the Department’s utes; License Requirement for Certain Sanc- trator, Agricultural Marketing Service, De- final rule — Phytophthora Ramorum; Vacu- tioned Entities; and Imposition of License partment of Agriculture, transmitting the um Heat Treatment for Bay Leaves [Docket Requirement for Tula Instrument Design Bu- Department’s final rule — Irish Potatoes No. 04-092-2] received June 23, 2005, pursuant reau [Docket No. 041222360-5141-02] (RIN: 0694- Grown in Colorado; Decreased Assessment to 5 U.S.C. 801(a)(1)(A); to the Committee on AD24) received June 27, 2005, pursuant to 5 Rate [Docket No. FV05-948-2 IFR] received Agriculture. U.S.C. 801(a)(1)(A); to the Committee on June 30, 2005, pursuant to 5 U.S.C. 2708. A letter from the Congressional Re- Armed Services. 801(a)(1)(A); to the Committee on Agri- view Coordinator, APHIS, Department of Ag- 2719. A letter from the Publications Con- culture. riculture, transmitting the Department’s trol Officer, Department of Defense, trans- 2698. A letter from the Acting Adminis- final rule — Citrus Canker; Quarantined mitting the Department’s final rule — Motor trator, Agricultural Marketing Service, De- Areas [Docket No. 05-005-2] received June 23, Vehicle Traffic Supervision (RIN: 0702-AA43) partment of Agriculture, transmitting the 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the received June 16, 2005, pursuant to 5 U.S.C. Department’s final rule — Apricots Grown in Committee on Agriculture. 801(a)(1)(A); to the Committee on Armed Designated Counties in Washington; De- 2709. A letter from the Congressional Re- Services. creased Assessment Rate [Docket No. FV05- view Coordinator, APHIS, Department of Ag- 2720. A letter from the Director, Defense 922-1 IFR] received June 30, 2005, pursuant to riculture, transmitting the Department’s Procurement and Acquisition Policy, De- 5 U.S.C. 801(a)(1)(A); to the Committee on final rule — Pine Shoot Beetle; Additions to partment of Defense, transmitting the De- Agriculture. Quarantined Areas [Docket No. 05-027-1] re- partment’s final rule — Defense Federal Ac- 2699. A letter from the Acting Adminis- ceived May 26, 2005, pursuant to 5 U.S.C. quisition Regulation Supplement; DoD Pilot trator, Agricultural Marketing Service, De- 801(a)(1)(A); to the Committee on Agri- Mentor-Protege Program [DFARS Case 2004- partment of Agriculture, transmitting the culture. D028] received May 31, 2005, pursuant to 5 Department’s final rule — Avocadoes Grown 2710. A letter from the Congressional Re- U.S.C. 801(a)(1)(A); to the Committee on in South Florida; Increased Assessment Rate view Coordinator, APHIS, Department of Ag- Armed Services. [Docket No. FV05-915-1 FR] received June 30, riculture, transmitting the Department’s 2721. A letter from the Director, Defense 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule — Oriental Fruit Fly [Docket No. Procurement and Acquisition Policy, De- Committee on Agriculture. 02-096-5] received June 27, 2005, pursuant to 5 partment of Defense, transmitting the De- 2700. A letter from the Acting Adminis- U.S.C. 801(a)(1)(A); to the Committee on Ag- partment’s final rule — Defense Federal Ac- trator, Agricultural Marketing Service, De- riculture. quisition Regulation Supplement; Approval partment of Agriculture, transmitting the 2711. A letter from the Director, Regu- of Service Contracts and Task and Delivery Department’s final rule — Irish Potatoes latory Review Group, Department of Agri- Orders [DFARS Case 2002-D024] received May Grown in Washington; Increased Assessment culture, transmitting the Department’s final 31, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Rate [Docket No. FV05-946-1 FR] received rule — Designated Marketing Associations the Committee on Armed Services. June 27, 2005, pursuant to 5 U.S.C. for Peanuts (RIN: 0560-AH20) received June 2722. A letter from the Director, Defense 801(a)(1)(A); to the Committee on Agri- 20, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Procurement and Acquisition Policy, De- culture. the Committee on Agriculture. partment of Defense, transmitting the De- 2701. A letter from the Acting Adminis- 2712. A letter from the Administrator, For- partment’s final rule — Defense Federal Ac- trator, Agricultural Marketing Service, De- eign Agricultural Service, Department of quisition Regulation Supplement; Incentive partment of Agriculture, transmitting the Agriculture, transmitting the Department’s Program for Purchase of Capital Assets Department’s final rule — Avodadoes Grown final rule — Emerging Markets Program Manfuactured in the United States [DFARS in South Florida; Changes in Container and (RIN: 0551-AA62) received June 23, 2005, pur- Case 2005-D003] received May 31, 2005, pursu- Reporting Requirements [Docket No. FV05- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 915-2 IFR] received June 27, 2005, pursuant to mittee on Agriculture. on Armed Services. 5 U.S.C. 801(a)(1)(A); to the Committee on 2713. A letter from the Acting Adminis- 2723. A letter from the Senior Procurement Agriculture. trator, Rural Utilities Service, Department Executive, OCAO, General Services Adminis- 2702. A letter from the Management Ana- of Agriculture, transmitting the Depart- tration, transmitting the Administration’s lyst, Rural Utilities Service, Department of ment’s final rule — Rural Broadband Access final rule — Federal Acquisition Circular Agriculture, transmitting the Department’s Loans and Loan Guarantees (RIN: 0572-AB81) 2005-02 — received April 14, 2005, pursuant to final rule — Assistance to High Energy Cost received April 7, 2005, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on Rural Communities (RIN: 0572-AB91) received 801(a)(1)(A); to the Committee on Agri- Armed Services. June 17, 2005, pursuant to 5 U.S.C. culture. 2724. A letter from the Assistant General 801(a)(1)(A); to the Committee on Agri- 2714. A letter from the Acting Adminis- Counsel for Regulatory Service, Department culture. trator, Rural Ulitities Service, Department of Education, transmitting the Department’s 2703. A letter from the Administrator, of Agriculture, transmitting the Depart- final rule — Smaller Learning Communities Rural Business-Cooperative Service, Depart- ment’s final rule — Specifications and Draw- Program — received April 21, 2005, pursuant

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\L14JY7.000 H14PT1 H5912 CONGRESSIONAL RECORD — HOUSE July 14, 2005 to 5 U.S.C. 801(a)(1)(A); to the Committee on 2736. A letter from the Regulations Coordi- to be subsequently determined by the Speak- Education and the Workforce. nator, Department of Health and Human er, in each case for consideration of such pro- 2725. A letter from the Assistant General Services, transmitting the Department’s visions as fall within the jurisdiction of the Counsel for Regulatory Service, Department final rule — Medicare Program; Electronic committee concerned. of Education, transmitting the Department’s Submission of Cost Reports: Revision to Ef- By Mr. ALLEN (for himself, Mr. SIM- final rule — Credit Enhancement for Charter fective Date of Cost Reporting Period [CMS- MONS, and Mr. DELAHUNT): School Facilities Program (RIN: 1855-AA02) 1199-IFC] (RIN: 0938-AN87) received May 27, H.R. 3278. A bill to amend the Magnuson- received April 21, 2005, pursuant to 5 U.S.C. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); jointly Stevens Fishery Conservation and Manage- 801(a)(1)(A); to the Committee on Education to the Committees on Ways and Means and ment Act to establish requirements for fish- and the Workforce. Energy and Commerce. ing quota systems, and for other purposes; to 2726. A letter from the Assistant General the Committee on Resources. f Counsel for Regulatory Service, Department By Mr. BOOZMAN (for himself, Ms. of Education, transmitting the Department’s HERSETH, Ms. GINNY BROWN-WAITE of final rule — Tech-Prep Demonstration Pro- REPORTS OF COMMITTEES ON Florida, Mr. EVANS, Mr. BRADLEY of gram — received April 21, 2005, pursuant to 5 PUBLIC BILLS AND RESOLUTIONS New Hampshire, Mr. GUTIERREZ, Mr. U.S.C. 801(a)(1)(A); to the Committee on Edu- Under clause 2 of rule XIII, reports of BROWN of South Carolina, Ms. cation and the Workforce. committees were delivered to the Clerk CORRINE BROWN of Florida, Mr. MIL- 2727. A letter from the Assistant General LER of Florida, Mr. FILNER, Mr. Counsel for Regulatory Service, Department for printing and reference to the proper BAKER, and Ms. BERKLEY): of Education, transmitting the Department’s calendar, as follows: final rule — Comprehensive School Reform Mr. POMBO: Committee on Resources. H.R. 3279. A bill to amend title 38, United Quality Initiatives — received April 21, 2005, H.R. 1905. A bill to amend the Small Tracts States Code, to reauthorize the Homeless pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Act to facilitate the exchange of small tracts Veterans Reintegration Program for fiscal mittee on Education and the Workforce. of land, and for other purposes (Rept. 109–169 years 2007 through 2009; to the Committee on 2728. A letter from the Asst. Gen. Counsel, Pt. 1). Ordered to be printed. Veterans’ Affairs. Division of Regulatory Services, Department Mr. SENSENBRENNER: Committee on the By Mr. BOYD: of Education, transmitting the Department’s Judiciary. H.R. 1442. A bill to complete the H.R. 3280. A bill to exempt certain coastal final rule — Higher Education Programs — codification of title 46, United States Code, barrier areas in Florida from Limitations on received April 21, 2005, pursuant to 5 U.S.C. ‘‘Shipping’’, as positive law; with an amend- Federal expenditures and financial assist- 801(a)(1)(A); to the Committee on Education ment (Rept. 109–170). Referred to the House ance under the Coastal Barriers Resources and the Workforce. Calendar. Act, and limitations on flood insurance cov- 2729. A letter from the Assistant General erage under the National Flood Insurance Counsel for Regulatory Service, Department DISCHARGE OF COMMITTEE Act of 1968; to the Committee on Resources, of Education, transmitting the Department’s Pursuant to clause 2 of rule XII the and in addition to the Committee on Finan- final rule — Arts in Education Model Devel- Committee on Agriculture discharged cial Services, for a period to be subsequently opment and Dissemination Program — re- from further consideration. H.R. 1905 determined by the Speaker, in each case for ceived April 21, 2005, pursuant to 5 U.S.C. referred to the Committee of the Whole consideration of such provisions as fall with- 801(a)(1)(A); to the Committee on Education House on the State of the Union and in the jurisdiction of the committee con- and the Workforce. ordered to be printed. cerned. 2730. A letter from the Assistant General By Mr. KANJORSKI (for himself, Mr. Counsel for Regulatory Service, Department f DENT, Mr. HOLDEN, Mr. PLATTS, Ms. of Education, transmitting the Department’s SCHWARTZ of Pennsylvania, Mr. GER- final rule — Professional Development for REPORTED BILLS SEQUENTIALLY LACH, Mr. SHERWOOD, Mr. BRADY of Arts Educators Program — received April 21, REFERRED Pennsylvania, Mr. MURTHA, and Mr. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the ENGLISH of Pennsylvania): Committee on Education and the Workforce. Under clause 2 of rule XII, bills and reports were delivered to the Clerk for H.R. 3281. A bill to direct the Secretary of 2731. A letter from the Assistant General the Interior to establish the Cherry Valley Counsel for Regulatory Service, Department printing, and bills referred as follows: National Wildlife Refuge in Northeastern of Education, transmitting the Department’s Mr. OXLEY: Committee on Financial Serv- Pennsylvania, and for other purposes; to the final rule — Teaching American History — ices. H.R. 1461. A bill to reform the regula- Committee on Resources. received April 21, 2005, pursuant to 5 U.S.C. tion of certain housing-related Government- By Mr. BRADY of Texas (for himself, 801(a)(1)(A); to the Committee on Education sponsored enterprises, and for other pur- Mr. BAKER, Mr. GARRETT of New Jer- and the Workforce. poses, with an amendment; referred to the sey, Mr. SESSIONS, Mr. MCHENRY, Mr. 2732. A letter from the Acting Director, Of- Committee on Judiciary for a period ending MCCAUL of Texas, Mr. GILLMOR, Mr. fice of Standards, Regulations and not later than September 16, 2005, for consid- HERGER, Mr. OTTER, Mr. CULBERSON, Variances, Department of Labor, transmit- eration of such provisions of the bill and Mr. PORTER, Mr. BURGESS, Mr. ting the Department’s final rule — Diesel amendment as fall within the jurisdiction of CARTER, Mrs. BLACKBURN, Mr. TOM Particulate Matter Exposure of Underground that committee pursuant to clause 1(1), rule DAVIS of Virginia, Ms. FOXX, Mr. Metal and Nonmetal Miners (RIN: 1219-AB29) X (Rept. 109–171, Pt. 1). Ordered to be printed. received July 7, 2005, pursuant to 5 U.S.C. BLUNT, Mr. FLAKE, Mr. BASS, Mr. 801(a)(1)(A); to the Committee on Education f SHAYS, Mr. STEARNS, Mr. ISTOOK, Mr. and the Workforce. BURTON of Indiana, Mr. HEFLEY, Mr. 2733. A letter from the Assistant Adminis- PUBLIC BILLS AND RESOLUTIONS PENCE, Mr. SULLIVAN, Mr. GENE GREEN of Texas, Mr. CONAWAY, Mr. trator for Procurement, National Aero- Under clause 2 of rule XII, public EDWARDS, Mr. PITTS, Mr. TERRY, Mr. nautics and Space Administration, transmit- bills and resolutions were introduced ting the Administration’s final rule — Head BOEHNER, Mr. FEENEY, Ms. GINNY of Contracting Activity (HCA) Change for and severally referred, as follows: BROWN-WAITE of Florida, Mr. THORN- Exploration Systems Directorate — received By Mr. PORTER (for himself, Mr. TOM BERRY, and Mr. MARSHALL): May 23, 2005, pursuant to 5 U.S.C. DAVIS of Virginia, and Mr. BRADY of H.R. 3282. A bill to provide for the periodic 801(a)(1)(A); to the Committee on Science. Texas): review of the efficiency and public need for 2734. A letter from the Chief, Regulations H.R. 3276. A bill to provide for the estab- Federal agencies, to establish a Commission Mgt., Office of Regulation Policy and Man- lishment of Results Commissions to improve for the purpose of reviewing the efficiency agement, Department of Veterans Affairs, the results of executive branch agencies on and public need of such agencies, and to pro- transmitting the Department’s final rule — behalf of the American people; to the Com- vide for the abolishment of agencies for Presumptions of Service Connection for Dis- mittee on Government Reform, and in addi- which a public need does not exist; to the ease Associated with Service Involving De- tion to the Committee on Rules, for a period Committee on Government Reform. tention or Internment as a Prisoner of War to be subsequently determined by the Speak- By Mr. ENGLISH of Pennsylvania: (RIN: 2900-AM09) received June 27, 2005, pur- er, in each case for consideration of such pro- H.R. 3283. A bill to enhance resources to suant to 5 U.S.C. 801(a)(1)(A); to the Com- visions as fall within the jurisdiction of the enforce United States trade rights; to the mittee on Veterans’ Affairs. committee concerned. Committee on Ways and Means. 2735. A letter from the Assistant Director, By Mr. BRADY of Texas (for himself, By Mr. BLUMENAUER (for himself, Directives and Regulations Branch, Depart- Mr. TOM DAVIS of Virginia, and Mr. Mr. WU, and Mr. EHLERS): ment of Agriculture, transmitting the De- PORTER): H.R. 3284. A bill to direct the Secretary of partment’s final rule — Special Areas; State H.R. 3277. A bill to provide for the estab- Education to provide grants to establish sus- Petition for Inventoried Roadless Area Man- lishment of the Sunset Commission to re- tainability programs, charged with devel- agement (RIN: 0596-AC10) received May 31, view and maximize the performance of all oping and implementing integrated environ- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); jointly Federal agencies and programs; to the Com- mental, economic, and social sustainability to the Committees on Agriculture and Re- mittee on Government Reform, and in addi- initiatives through administrative and oper- sources. tion to the Committee on Rules, for a period ational practices as well as multidisciplinary

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research, education, and outreach at institu- Government is obligated to make annual of Texas, Mr. HASTINGS of Florida, tions of higher education; to the Committee payments or provide other compensation for Ms. JACKSON-LEE of Texas, Mr. JEF- on Education and the Workforce. activities that improve the recovery of one FERSON, Mrs. JONES of Ohio, Ms. KIL- By Mr. CASTLE: or more species listed under that Act, and PATRICK of Michigan, Ms. LEE, Mr. H.R. 3285. A bill to suspend temporarily the for other purposes; to the Committee on Re- MEEKS of New York, Ms. MOORE of duty on charge control agent 7; to the Com- sources. Wisconsin, Ms. NORTON, Mr. OWENS, mittee on Ways and Means. By Mr. HAYWORTH: Mr. RANGEL, Mr. RUSH, Mr. SCOTT of By Mr. CASTLE: H.R. 3301. A bill to amend the Internal Rev- Virginia, Mr. THOMPSON of Mis- H.R. 3286. A bill to suspend temporarily the enue Code of 1986 to allow an investment tax sissippi, Ms. WATERS, Ms. WATSON, duty on pro-jet black 820 liquid feed; to the credit for the purchase of trucks with new Mr. WYNN, Mr. WEXLER, Mr. ENGEL, Committee on Ways and Means. diesel engine technologies, and for other pur- Ms. WASSERMAN SCHULTZ, Mr. LYNCH, By Mr. CASTLE: poses; to the Committee on Ways and Means. Mr. MEEK of Florida, Mr. KILDEE, Ms. H.R. 3287. A bill to suspend temporarily the By Mr. HINCHEY (for himself, Ms. SCHAKOWSKY, Mr. HINCHEY, Mr. duty on pro-jet cyan 1 RO feed and pro-jet WATSON, Ms. LEE, Ms. WOOLSEY, Ms. BRADY of Pennsylvania, Mr. TOWNS, cyan OF 1 RO feed; to the Committee on KAPTUR, Ms. SLAUGHTER, Mr. MORAN Ms. CARSON, and Mr. FORD): Ways and Means. of Virginia, Ms. WATERS, Mr. STARK, H.R. 3307. A bill to amend the Public By Mr. CASTLE: Mr. FILNER, Mr. DEFAZIO, Ms. SOLIS, Health Service Act to enhance public and H.R. 3288. A bill to suspend temporarily the Mr. MCDERMOTT, Mr. HASTINGS of health professional awareness and under- duty on pro-jet magenta M700; to the Com- Florida, Mr. OWENS, and Mr. SAND- standing of lupus and to strengthen the Na- mittee on Ways and Means. ERS): tion’s research efforts to identify the causes By Mr. CASTLE: H.R. 3302. A bill to amend the Communica- and cure of lupus; to the Committee on En- H.R. 3289. A bill to suspend temporarily the tions Act of 1934 to prevent excessive con- ergy and Commerce. duty on pro-jet jellow 1G Stage; to the Com- centration of ownership of the nation’s By Mr. ROSS: mittee on Ways and Means. media outlets, to restore fairness in broad- H.R. 3308. A bill to suspend temporarily the By Mr. CASTLE: casting, and to foster and promote localism, duty on erasers; to the Committee on Ways H.R. 3290. A bill to suspend temporarily the diversity, and competition in the media; to and Means. duty on pro-jet fast black 287 NA liquid feed; the Committee on Energy and Commerce. By Mr. ROSS: to the Committee on Ways and Means. By Mr. KIRK: H.R. 3309. A bill to suspend temporarily the By Mr. CASTLE: H.R. 3303. A bill to suspend temporarily the duty on nail clippers; to the Committee on H.R. 3291. A bill to suspend temporarily the deposit requirements and assessments of Ways and Means. duty on pro-jet fast black 286 stage; to the countervailing duties and antidumping du- By Mr. ROSS: Committee on Ways and Means. ties on imports of CHQ wire rod covered by H.R. 3310. A bill to suspend temporarily the By Mr. CASTLE: certain countervailing and antidumping duty duty on artificial flowers; to the Committee H.R. 3292. A bill to extend the duty suspen- orders; to the Committee on Ways and on Ways and Means. sion on pro-jet black 263 stage; to the Com- Means. By Mr. ROSS: mittee on Ways and Means. By Mr. MCCRERY (for himself, Mr. H.R. 3311. A bill to suspend temporarily the By Mr. CASTLE: SHAW, Mr. SAM JOHNSON of Texas, Mr. duty on electrically operated pencil sharp- H.R. 3293. A bill to suspend temporarily the RYAN of Wisconsin, Mr. SHADEGG, Mr. eners; to the Committee on Ways and Means. duty on pro-jet cyan 485 stage; to the Com- HERGER, Mr. LEWIS of Kentucky, Mr. By Mr. ROTHMAN (for himself, Mr. mittee on Ways and Means. BRADY of Texas, Mr. CANTOR, Mr. ANDREWS, Mr. ALLEN, Mr. ALEX- By Mr. CASTLE: CHOCOLA, Mr. AKIN, Mr. ALEXANDER, ANDER, Mr. BISHOP of Georgia, Mr. H.R. 3294. A bill to suspend temporarily the Mr. BACHUS, Mr. BAKER, Mr. BARRETT BISHOP of New York, Ms. CORRINE duty on pro-jet black 661 liquid feed; to the of South Carolina, Mr. BARTLETT of BROWN of Florida, Mrs. CAPPS, Mr. Committee on Ways and Means. Maryland, Mr. BISHOP of Utah, Mr. CARDIN, Ms. CARSON, Mr. CONYERS, By Mr. CASTLE: CONAWAY, Mr. FEENEY, Ms. FOXX, Mr. Mr. CROWLEY, Ms. DELAURO, Mr. H.R. 3295. A bill to suspend temporarily the FLAKE, Mr. GILCHREST, Mr. GINGREY, EVANS, Mr. GRIJALVA, Mr. HOLDEN, duty on pro-jet cyan 854 liquid feed; to the Mr. HENSARLING, Mr. ISSA, Mr. Mr. HOLT, Ms. JACKSON-LEE of Texas, Committee on Ways and Means. ISTOOK, Mr. JINDAL, Mr. KINGSTON, Mr. JEFFERSON, Mr. LYNCH, Mrs. By Mr. FORD: Mr. KUHL of New York, Mr. MCCAUL MCCARTHY, Mrs. MALONEY, Mr. H.R. 3296. A bill to authorize the Secretary of Texas, Mr. MCHENRY, Mrs. MYRICK, PALLONE, Mr. RYAN of Ohio, Ms. of Education to make grants to States and Mrs. NORTHUP, Mr. PENCE, Mr. PITTS, LINDA T. SA´ NCHEZ of California, Mr. local educational agencies for hiring and Mr. PRICE of Georgia, Mr. SESSIONS, SANDERS, Mr. SCOTT of Georgia, Mr. training prekindergarten teachers; to the Mr. WELDON of Florida, and Mr. SERRANO, Mr. STUPAK, Mrs. JONES of Committee on Education and the Workforce. WICKER): Ohio, Mr. VAN HOLLEN, Mr. WEINER, By Mr. FORD: H.R. 3304. A bill to amend the Social Secu- Mr. WEXLER, Mr. WU, Mr. GUTIERREZ, H.R. 3297. A bill to extend Federal funding rity Act and the Internal Revenue Code of Mr. BERRY, Mr. HIGGINS, Mr. CLEAV- for operation of State high risk health insur- 1986 to stop the Congress from spending So- ER, Mrs. NAPOLITANO, Mrs. LOWEY, ance pools, and for other purposes; to the cial Security’s tax revenue surpluses on and Mr. BRADY of Pennsylvania): Committee on Energy and Commerce, and in other Government programs by dedicating H.R. 3312. A bill to amend title 38, United addition to the Committee on Ways and those surpluses to personal accounts; to the States Code, to terminate the administrative Means, for a period to be subsequently deter- Committee on Ways and Means. freeze on the enrollment into the health care mined by the Speaker, in each case for con- By Mr. MEEHAN: system of the Department of Veterans Af- sideration of such provisions as fall within H.R. 3305. A bill to amend the National Se- fairs of veterans in the lowest priority cat- the jurisdiction of the committee concerned. curity Act of 1947 to prohibit persons who egory for enrollment (referred to as ‘‘Pri- By Mr. FOSSELLA (for himself, Mr. disclose classified information from holding ority 8’’); to the Committee on Veterans’ Af- ENGEL, Mr. SESSIONS, Mr. FERGUSON, a security clearance for access to such infor- fairs. Mr. CONAWAY, Mr. SULLIVAN, Mr. mation; to the Committee on Government By Ms. SLAUGHTER (for herself and JENKINS, Mr. STEARNS, Mr. SIMPSON, Reform. Mr. HOLT): Mr. TERRY, Mr. PICKERING, Mr. By Mr. RANGEL (for himself, Ms. H.R. 3313. A bill to authorize the National BOEHNER, Mr. SHIMKUS, Mr. WALDEN PELOSI, Mr. HOYER, Mr. MENENDEZ, Institute of Environmental Health Sciences of Oregon, Mr. GIBBONS, and Mr. CAN- Mr. CLYBURN, Mr. CARDIN, and Mr. to develop multidisciplinary research cen- NON): LEVIN): ters regarding women’s health and disease H.R. 3298. A bill to provide for the efficacy H.R. 3306. A bill to amend the Tariff Act of prevention and to conduct and coordinate a of television ratings services, and for other 1930 and the Trade Act of 1974 to provide re- research program on hormone disruption, purposes; to the Committee on Energy and lief from certain practices by other coun- and for other purposes; to the Committee on Commerce. tries, and for other purposes; to the Com- Energy and Commerce, and in addition to By Mr. GIBBONS: mittee on Ways and Means, and in addition the Committees on Resources, and Science, H.R. 3299. A bill to amend the Internal Rev- to the Committees on International Rela- for a period to be subsequently determined enue Code of 1986 to provide a credit against tions, and Financial Services, for a period to by the Speaker, in each case for consider- income tax to physicians who serve a sub- be subsequently determined by the Speaker, ation of such provisions as fall within the ju- stantial number of medicare beneficiaries in in each case for consideration of such provi- risdiction of the committee concerned. rural areas; to the Committee on Ways and sions as fall within the jurisdiction of the By Mr. STUPAK: Means. committee concerned. H.R. 3314. A bill to direct the Secretary of By Mr. GRAVES (for himself, Mr. By Ms. ROS-LEHTINEN (for herself, Agriculture to transfer certain land within TERRY, and Mr. MCCAUL of Texas): Mr. BISHOP of Georgia, Mr. the Ottawa National Forest to the Lac Vieux H.R. 3300. A bill to amend the Endangered BUTTERFIELD, Mrs. CHRISTENSEN, Mr. Desert Band of Lake Superior Chippewa Indi- Species Act of 1973 to authorize species re- CLAY, Mr. CLEAVER, Mr. CONYERS, ans, and for other purposes; to the Com- covery agreements under which the Federal Mr. DAVIS of Illinois, Mr. AL GREEN mittee on Agriculture.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\L14JY7.100 H14PT1 H5914 CONGRESSIONAL RECORD — HOUSE July 14, 2005

By Ms. WATERS (for herself, Mr. NEY, RANGEL, Ms. ROYBAL-ALLARD, Ms. H.R. 282: Mr. ROGERS of Kentucky, Mr. and Mr. BACHUS): LINDA T. SA´ NCHEZ of California, Ms. KING of New York, and Ms. BALDWIN. H.R. 3315. A bill to amend title I of the SCHAKOWSKY, Ms. SOLIS, Ms. WOOL- H.R. 328: Mr. LARSEN of Washington. Housing and Community Development Act of SEY, Mr. CUMMINGS, Mr. FORTUN˜ O, Mr. H.R. 562: Mr. SMITH of New Jersey. 1974 to withhold community development HOLT, Mr. THOMPSON of Mississippi, H.R. 581: Ms. BERKLEY, Mr. DAVIS of Flor- block grant funds from States and commu- Mr. BISHOP of Georgia, Ms. CORRINE ida, Mr. BOREN, and Mr. GENE GREEN of nities that do not prohibit the use of the BROWN of Florida, Mr. CRAMER, and Texas. power of eminent domain that involves the Ms. GINNY BROWN-WAITE of Florida): H.R. 583: Mr. TIERNEY, Mr. KING of New taking of the property from private persons H. Con. Res. 209. Concurrent resolution York, and Mr. CANTOR. for commercial or economic development supporting the goals and ideals of Domestic H.R. 588: Mr. CROWLEY, Mr. CARDOZA, and purposes and transfer of the property to Violence Awareness Month and expressing Mr. MURPHY. other private persons; to the Committee on the sense of Congress that Congress should H.R. 602: Mr. MEEHAN. Financial Services. raise awareness of domestic violence in the H.R. 613: Mr. BARTLETT of Maryland. By Mr. WEINER (for himself, Mr. United States and its devastating effects on H.R. 662: Mr. NADLER and Mr. FRANK of FARR, Mr. OWENS, Mr. MEEKS of New families; to the Committee on Government Massachusetts. York, and Mr. PUTNAM): Reform. H.R. 688: Mrs. MYRICK. H.R. 3316. A bill to require the National By Mr. HASTINGS of Florida (for him- H.R. 690: Mr. EHLERS. Park Service to make necessary safety im- self, Ms. EDDIE BERNICE JOHNSON of H.R. 699: Mr. KENNEDY of Rhode Island and provements to the Statue of Liberty and to Texas, Mr. CUMMINGS, Mr. MEEK of Mr. BILIRAKIS. fully reopen the Statue to the public; to the Florida, Mr. SCOTT of Virginia, Mr. H.R. 709: Mr. HASTINGS of Washington. Committee on Resources. THOMPSON of Mississippi, Mr. PICK- H.R. 758: Mr. GENE GREEN of Texas, Mr. By Mr. WELDON of Florida: ERING, Mr. LEWIS of Georgia, Mr. REICHERT, Mr. BONNER, Mr. TIAHRT, Mr. H.R. 3317. A bill to amend the Internal Rev- WATT, and Mr. WICKER): DELAY, Mr. MCKEON, Ms. HARRIS, Ms. JACK- enue Code of 1986 to make permanent the H. Res. 362. A resolution commending the SON-LEE of Texas, Ms. EDDIE BERNICE JOHN- child tax credit and to allow for adjustments Philadelphia Coalition for its principled, SON of Texas, Mr. BAIRD, Mr. BARTLETT of for inflation with respect to the child tax open, and integrated approach to eradicating Maryland, Mr. COSTELLO, Mr. CRAMER, Mr. credit; to the Committee on Ways and racism and intolerance, and for its deter- LIPINSKI, Mr. MCCAUL of Texas, and Ms. Means. mination to confront the past and work to- WOOLSEY. By Ms. BERKLEY (for herself, Mrs. ward the future; to the Committee on the H.R. 759: Mr. EVANS. TAUSCHER, Ms. ZOE LOFGREN of Cali- Judiciary. H.R. 772: Mr. ALLEN and Mr. BRADY of fornia, Ms. MATSUI, Ms. WOOLSEY, By Mr. HOLT (for himself, Mr. WAX- Texas. Ms. WASSERMAN SCHULTZ, Mrs. MAN, Mr. LANTOS, Mr. BOSWELL, Mr. H.R. 791: Ms. NORTON. NAPOLITANO, Ms. SOLIS, Ms. KAPTUR, REYES, Mr. INSLEE, Mr. TIERNEY, Mrs. H.R. 822: Mr. FORD and Mr. FALEOMAVAEGA. Mrs. DAVIS of California, Ms. HAR- MALONEY, Mr. PALLONE, Mr. VAN H.R. 823: Mrs. MYRICK and Mr. LEVIN. MAN, Ms. LINDA T. SA´ NCHEZ of Cali- HOLLEN, Mr. MCDERMOTT, Mr. H.R. 839: Ms. DELAURO and Mr. LANTOS. fornia, Ms. CARSON, Ms. WATSON, Ms. OORE SERRANO, Ms. MATSUI, Mr. BERMAN, H.R. 840: Mr. M of Kansas. EDDIE BERNICE JOHNSON of Texas, Ms. H.R. 857: Ms. ZOE LOFGREN of California, Mrs. CAPPS, Mrs. TAUSCHER, Mr. CORRINE BROWN of Florida, Ms. KIL- and Ms. WATSON. PRICE of North Carolina, Mr. UDALL PATRICK of Michigan, Ms. MILLENDER- H.R. 875: Mr. WAMP. of New Mexico, Mr. HASTINGS of Flor- MCDONALD, Mrs. JONES of Ohio, Mrs. H.R. 877: Mr. SHAYS. ida, Mr. KENNEDY of Rhode Island, MCCARTHY, Ms. LORETTA SANCHEZ of H.R. 881: Mr. MCDERMOTT, Mr. PRICE of Mr. CONYERS, Ms. WATERS, Mr. RAN- California, Ms. SCHWARTZ of Pennsyl- North Carolina, and Mr. MEEKS of New York. GEL, Mr. CAPUANO, Mr. ANDREWS, Mr. vania, Mrs. MALONEY, Ms. JACKSON- H.R. 923: Mr. CULBERSON. STARK, Mr. BLUMENAUER, Mr. GEORGE LEE of Texas, Ms. DEGETTE, Ms. H.R. 925: Mr. BEAUPREZ. MILLER of California, Ms. ESHOO, Mr. HOOLEY, Ms. BALDWIN, Ms. HERSETH, H.R. 930: Mr. PASTOR. LARSON of Connecticut, Ms. MCCOL- Ms. WATERS, Ms. BEAN, Ms. H.R. 939: Mr. DOGGETT and Ms. ESHOO. LUM of Minnesota, Mr. WU, Mr. SCHAKOWSKY, Ms. SLAUGHTER, Ms. H.R. 949: Mr. OLVER and Ms. HARRIS. OWENS, Mr. BISHOP of New York, Mrs. LEE, Ms. MOORE of Wisconsin, Mrs. H.R. 976: Mr. MCCAUL of Texas. DAVIS of California, Mr. SCOTT of Vir- CAPPS, Mrs. LOWEY, Ms. ESHOO, Ms. H.R. 994: Ms. DELAURO, Mr. RANGEL, Ms. ginia, Mr. RYAN of Ohio, Mrs. MCCAR- DELAURO, Ms. PELOSI, Ms. KAPTUR, Mr. JEFFERSON, Mr. HAYES, Mr. THY, Mr. MCGOVERN, Mr. GRIJALVA, VELA´ ZQUEZ, Ms. MCCOLLUM of Min- MATHESON, Mr. LANGEVIN, Mr. PEARCE, Mrs. Mr. MARKEY, Mr. DEFAZIO, Mr. nesota, Ms. GINNY BROWN-WAITE of JONES of Ohio, Mr. SKELTON, Mr. EVANS, Mr. SCHIFF, Mr. BECERRA, Mr. CLYBURN, Florida, Mrs. JOHNSON of Con- MCCOTTER, Ms. MILLENDER-MCDONALD, Mr. Mr. CLAY, Mr. DOGGETT, Mr. MORAN necticut, Mrs. CHRISTENSEN, Ms. CANTOR, Mr. ALEXANDER, Mr. RAHALL, Mrs. of Virginia, Mr. PAYNE, Ms. EDDIE BORDALLO, Ms. ROYBAL-ALLARD, Ms. KELLY, Mr. STARK, Mr. KANJORSKI, Mr. MOL- BERNICE JOHNSON of Texas, and Ms. NORTON, Mr. BOEHLERT, Mr. LOHAN, and Ms. ESHOO. WOOLSEY): MCDERMOTT, Mr. ISRAEL, and Mr. H.R. 997: Mr. HEFLEY. H. Res. 363. A resolution requesting the CONYERS): H.R. 1020: Mr. INSLEE and Mr. KUCINICH. President and directing the Secretary of H.J. Res. 59. A joint resolution expressing H.R. 1108: Mr. GRIJALVA, Mr. ORTIZ, and State, the Secretary of Defense, the Director the sense of Congress with respect to the es- Mr. KUCINICH. of the Central Intelligence Agency, and the tablishment of an appropriate day for the H.R. 1120: Mr. SHAYS and Mr. KINGSTON. Attorney General to transmit to the House commemoration of the women suffragists H.R. 1121: Mr. KOLBE. of Representatives not later than 14 days who fought for and won the right of women H.R. 1126: Ms. VELA´ ZQUEZ. after the date of the adoption of this resolu- to vote in the United States; to the Com- H.R. 1131: Mr. GONZALEZ, Mr. PICKERING, tion documents in the possession of the mittee on Government Reform. Mr. BRADY of Pennsylvania, Mr. WALSH, Mrs. President and those officials relating to the By Mr. ADERHOLT: MCCARTHY, Mr. WELLER, and Mr. KING of H.J. Res. 60. A joint resolution proposing disclosure of the identity and employment of New York. Ms. Valerie Plame; to the Committee on In- an amendment to the Constitution of the H.R. 1133: Ms. BERKLEY. telligence (Permanent Select), and in addi- United States relating to the permissible H.R. 1186: Mr. KUHL of New York, Mr. tion to the Committees on Armed Services, uses for which private property may be KOLBE, and Mr. SOUDER. International Relations, and the Judiciary, taken; to the Committee on the Judiciary. H.R. 1200: Mr. FILNER, Ms. NORTON, Mr. for a period to be subsequently determined By Mr. AL GREEN of Texas (for him- DAVIS of Illinois, and Mr. LANTOS. self, Mr. BURTON of Indiana, Mrs. by the Speaker, in each case for consider- H.R. 1210: Mr. FATTAH. CAPPS, Ms. CARSON, Mr. CLEAVER, Mr. ation of such provisions as fall within the ju- H.R. 1219: Ms. HART. CONYERS, Mr. DAVIS of Kentucky, Mr. risdiction of the committee concerned. H.R. 1227: Mr. LOBIONDO, Mr. BISHOP of New FITZPATRICK of Pennsylvania, Mr. f York, and Ms. WASSERMAN SCHULTZ. GENE GREEN of Texas, Mr. INSLEE, H.R. 1245: Mr. PETERSON of Minnesota, Mr. Mr. ISRAEL, Ms. JACKSON-LEE of ADDITIONAL SPONSORS ROTHMAN, and Mr. COOPER. Texas, Ms. EDDIE BERNICE JOHNSON of Under clause 7 of rule XII, sponsors H.R. 1246: Mrs. LOWEY. Texas, Ms. KILPATRICK of Michigan, H.R. 1259: Mr. FALEOMAVAEGA, Mr. WILSON were added to public bills and resolu- Mr. LARSEN of Washington, Mr. of South Carolina, and Mr. FORD. LEWIS of Georgia, Mr. MCCAUL of tions as follows: H.R. 1262: Mr. GEORGE MILLER of Cali- Texas, Mr. MCDERMOTT, Mr. MCIN- H.R. 63: Mr. CARNAHAN. fornia. TYRE, Mrs. MALONEY, Mr. MEEKS of H.R. 98: Mr. BOOZMAN. H.R. 1272: Mr. JEFFERSON. New York, Mr. MILLER of North Caro- H.R. 147: Mr. RADANOVICH, Mrs. JOHNSON of H.R. 1287: Mr. GUTIERREZ. lina, Mr. MOORE of Kansas, Mr. Connecticut, and Mr. FATTAH. H.R. 1306: Mr. MCCRERY, Ms. LINDA T. MORAN of Virginia, Mr. NADLER, Ms. H.R. 188: Mr. GRIJALVA and Mr. SKELTON. SA´ NCHEZ of California, Mr. WELDON of Penn- NORTON, Mr. OWENS, Mr. POE, Mr. H.R. 216: Mr. JINDAL. sylvania, Mr. MARCHANT, and Mr. BOEHNER.

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H.R. 1312: Mr. FARR, Mr. GRIJALVA, Ms. H.R. 2355: Mr. KINGSTON and Mr. BURTON of MCCOTTER, Mr. MCDERMOTT, Mr. MCINTYRE, EDDIE BERNICE JOHNSON of Texas, Mr. MORAN Indiana. Mr. MCNULTY, Mr. MANZULLO, Mr. MEEKS of of Virginia, Mr. NADLER, Mr. SERRANO, and H.R. 2356: Mr. ROGERS of Kentucky, Mr. New York, Mr. MENENDEZ, Ms. MILLENDER- Ms. WATSON. PRICE of North Carolina, Mr. SHUSTER, Mr. MCDONALD, Mr. MORAN of Virginia, Mr. H.R. 1345: Mr. HERGER. GRIJALVA, Mr. LEACH, Mr. MCGOVERN, Mr. PAYNE, Ms. PELOSI, Mr. PENCE, Mr. PRICE of H.R. 1380: Mr. PAUL and Mr. SCHWARZ of SCOTT of Georgia, Mr. NEY, Mr. KENNEDY of North Carolina, Ms. ROS-LEHTINEN, Mr. Michigan. Rhode Island, Mr. MANZULLO, Mr. HAYES, ROHRABACHER, Mr. SANDERS, Mr. SHAYS, Mr. H.R. 1384: Mr. OTTER. Mrs. WILSON of New Mexico, Mr. MOORE of SMITH of New Jersey, Mr. TOWNS, Mr. VAN H.R. 1386: Mr. COSTA. Kansas, Mr. DENT, Ms. DEGETTE, and Mr. HOLLEN, Mr. WAXMAN, and Mr. WEXLER. H.R. 1402: Mr. BACA, Ms. HERSETH, Mr. MICHAUD. H.R. 3055: Ms. Linda T. Sa´ nchez of Cali- MCGOVERN, Mr. PAYNE, Mr. HINOJOSA, and H.R. 2363: Mr. MCCAUL of Texas. fornia and Mr. TIERNEY. Mr. GRIJALVA. H.R. 2409: Mr. SHERMAN. H.R. 3081: Mr. SOUDER and Mr. CHANDLER. H.R. 1409: Mr. JEFFERSON and Mr. SHAW. H.R. 2412: Ms. KAPTUR. H.R. 3095: Mr. MCCAUL of Texas and Ms. H.R. 1415: Ms. MCCOLLUM of Minnesota and H.R. 2421: Mr. BOSWELL, Ms. SCHAKOWSKY, GINNY BROWN-WAITE of Florida. Mr. NADLER. Mr. MOORE of Kansas, and Mr. VAN HOLLEN. H.R. 3096: Mr. HIGGINS, Mr. GOODE, Mrs. H.R. 1426: Mr. HOLDEN and Mrs. CAPITO. H.R. 2429: Mr. STUPAK. CHRISTENSEN, and Mr. CUMMINGS. H.R. 1447: Mr. FORD. H.R. 2498: Ms. CARSON, Mr. RYUN of Kansas, H.R. 3128: Mr. MEEK of Florida, Mr. PAS- IMMONS H.R. 1461: Mr. S . Mr. BROWN of South Carolina, and Mr. GUT- TOR, Mr. CROWLEY, Mr. GRIJALVA, and Mr. H.R. 1471: Mr. LEVIN, Mrs. BIGGERT, Mr. KNECHT. INSLEE. DAVIS of Florida, Ms. CORRINE BROWN of H.R. 2512: Mr. BAKER and Mr. BROWN of H.R. 3132: Mr. ROYCE, Mr. PENCE, Mr. Florida, Mr. HAYWORTH, Mr. KOLBE, Ms. South Carolina. FRANKs of Arizona, Mr. FORBES, Mr. BURTON HART, Mr. PASTOR, Ms. LEE, Mr. OWENS, Mr. H.R. 2514: Mr. SAXTON. of Indiana, Mr. JINDAL, Mr. BACHUS, Mr. SCHWARZ of Michigan, Mrs. NORTHUP, and H.R. 2525: Mr. MARSHALL and Mr. ROSS. FEENEY, Mr. BOSWELL, and Mr. BAKER. Mr. FILNER. H.R. 2526: Mr. DELAHUNT. H.R. 3135: Mr. CALVERT, Mr. CAMP, Mr. H.R. 1519: Mr. CARNAHAN. H.R. 2533: Mr. ROGERS of Kentucky and Mr. WOLF, Mr. BAKER, Mr. YOUNG of Alaska, Mr. H.R. 1526: Ms. CARSON. FRANK of Massachusetts. WELDON of Florida, Mr. FERGUSON, Mr. BART- H.R. 1549: Mr. PUTNAM, Mr. OBERSTAR, Ms. H.R. 2567: Mr. PRICE of North Carolina and LETT of Maryland, Mrs. CUBIN, Mr. STEARNS, HOOLEY, Mr. TIERNEY, Mr. LEACH, and Mr Mr. FRANK of Massachusetts. and Mr. LATHAM. HASTINGS of Washington. H.R. 2592: Mr. GRIJALVA. H.R. 3146: Mr. SWEENEY. H.R. 1578: Mr. WYNN, Mr. REYNOLDS, and H.R. 2600: Mr. DANIEL E. LUNGREN of Cali- H.R. 3147: Mr. BRADLEY of New Hampshire. Mr. HERGER. fornia. H.R. 3148: Mrs. MILLER of Michigan. H.R. 1588: Mr. OLVER. H.R. 2646: Mr. CALVERT and Mr. MURTHA. H.R. 3150: Mr. CUNNINGHAM, Mr. ROHR- H.R. 1592: Ms. BALDWIN. H.R. 2669: Mr. CARTER and Mr. MOORE of ABACHER, Mr. ROYCE, and Mr. DOOLITTLE. H.R. 1602: Mr. SESSIONS, Mr. MCCAUL of Kansas. OUDER CHIFF Texas, and Mr. DANIEL E. LUNGREN of Cali- H.R. 2681: Mr. MOLLOHAN. H.R. 3159: Mr. S , Mr. S , Mr. fornia. H.R. 2682: Mr. MORAN of Virginia, Mrs. BEAUPREZ, Mr. BARROW, and Mr. MOLLOHAN. H.R. 1620: Mr. PAYNE. BONO, Mr. MATHESON, and Mr. HALL. H.R. 3160: Mr. MCDERMOTT. H.R. 1634: Mr. BRADY of Pennsylvania and H.R. 2686: Mr. CALVERT, Mr. SHAW, Mr. H.R. 3187: Mr. BONNER, Mrs. CAPPS, Mr. Mr. GORDON. KENNEDY of Minnesota, Mr. BRADY of Penn- FARR, Mr. CASE, Mr. SIMMONS, Mr. MICHAUD, H.R. 1638: Mr. DOOLITTLE. sylvania, Mr. FALEOMAVAEGA, Mr. LEVIN, and Mr. LOBIONDO, Mr. LEWIS of Georgia, and Mr. H.R. 1648: Ms. BERKLEY and Ms. LORETTA Mr. ORTIZ. BRADLEY of New Hampshire. SANCHEZ of California. H.R. 2693: Ms. BORDALLO and Mr. CLEAVER. H.R. 3192: Mr. CONYERS, Mr. NADLER, Mr. H.R. 1652: Ms. ESHOO, Ms. SLAUGHTER, and H.R. 2717: Mr. CAPUANO, Mr. ALEXANDER, DAVIS of Illinois, Mr. GRIJALVA, Mr. Ms. KILPATRICK of Michigan. Mr. MARSHALL, Mr. KENNEDY of Rhode Is- HASTINGS of Florida, and Mr. ABERCROMBIE. H.R. 1678: Mr. SOUDER. land, Mrs. CAPITO, Mr. CLEAVER, Mr. H.R. 3197: Mr. BACA. H.R. 1696: Mr. THOMPSON of Mississippi. HINOJOSA, Mr. WOLF, and Ms. CARSON. H.R. 3200: MS. GINNY BROWN-WAITE of Flor- H.R. 1697: Mr. BISHOP of New York. H.R. 2793: Mr. NORWOOD. ida, Mr. BRADLEY of New Hampshire, Mr. H.R. 1707: Mr. MCHUGH, Mr. SAXTON, Mr. H.R. 2794: Mr. KINGSTON and Mr. SOUDER. MICHAUD, Mr. EVANS, and Mr. SNYDER. BOEHLERT, Mrs. JOHNSON of Connecticut, and H.R. 2803: Ms. WASSERMAN SCHULTZ, Mr. H.R. 3205: Mr. MURPHY. Mrs. BONO. PUTNAM, and Mr. DAVIS of Kentucky. H.R. 3209: Mr. GUTIERREZ. H.R. 1708: Ms. HART. H.R. 2928: Mrs. TAUSCHER, Mr. FILNER, Mr. H.R. 3252: Mr. COOPER, Mr. MCDERMOTT, H.R. 1714: Mr. MCCAUL of Texas. BOSWELL, Mr. HINCHEY, and Mrs. Mr. MCGOVERN, Mrs. CHRISTENSEN, Mr. WIL- H.R. 1736: Mr. BUTTERFIELD and Mr. CHRISTENSEN. SON of South Carolina, Mr. ROSS, and Mr. MICHAUD. H.R. 2930: Mr. EVANS and Mr. HOEKSTRA. KING of New York. H.R. 1741: Mrs. CAPITO. H.R. 2945: Mr. CLEAVER, Mr. ISRAEL, and H.R. 3255: Mr. BUTTERFIELD. H.R. 1806: Mr. BACA. Mr. RANGEL. H.R. 3270: Ms. LORETTA SANCHEZ OF CALI- H.R. 1849: Mr. BOSWELL, Mr. GENE GREEN of H.R. 2947: Mrs. CAPPS, Mr. GEORGE MILLER FORNIA, MR. MARKEY, Mrs. LOWEY, Ms. JACK- Texas, and Mr. MENENDEZ. of California, Ms. SLAUGHTER, Ms. BERKLEY, SON-LEE of Texas, Mr. PASCRELL, Mr. H.R. 1898: Mr. HERGER, Mr. SODREL, Mr. Mr. THOMPSON of Mississippi, Mrs. MALONEY, ETHERIDGE, Mr. LANGEVIN, Mr. MEEK of Flor- MCCAUL of Texas, Mr. TIBERI, Mr. GERLACH, Ms. WATSON, Ms. MCCOLLUM of Minnesota, ida, and Ms. HARMAN. and Mr. HOEKSTRA. Ms. EDDIE BERNICE JOHNSON of Texas, Ms. H.J. Res. 58: Mr. COSTA, Mr. MELANCON, and H.R. 1957: Mrs. KELLY. DEGETTE, Mr. PAYNE, Ms. SOLIS, Ms. BALD- ERRY H.R. 2012: Ms. MOORE of Wisconsin, Mr. WIN, Ms. SCHAKOWSKY, Ms. MOORE of Wis- Mr. B . WELLER, and Mr. ROHRABACHER. consin, Mrs. JONES of Ohio, Ms. CORRINE H. Con. Res. 90: Mr. ROTHMAN, Mr. MILLER H.R. 2014: Mrs. DAVIS of California, Ms. ZOE BROWN of Florida, and Ms. GRANGER. of North Carolina, Mr. MCGOVERN, Mr. LOFGREN of California, Mr. THOMPSON of H.R. 2948: Ms. CARSON and Mr. BERMAN. MORAN of Virginia, Mr. KIND, Mr. DINGELL, California, Mr. MURTHA, and Mr. SOUDER. H.R. 2959: Ms. SOLIS. Mrs. CHRISTENSEN, Mr. CUMMINGS, Ms. EDDIE H.R. 2034: Mr. LATHAM and Mr. DUNCAN. H.R. 2963: Mr. BRADLEY of New Hampshire. BERNICE JOHNSON of Texas, Mr. LATHAM, Mr. H.R. 2037: Mr. CONAWAY, Mr. HIGGINS, Mr. H.R. 2966: Mr. HIGGINS and Mr. CONYERS. PRICE of North Carolina, Mr. ENGEL, Ms. MILLER of Florida, and Mr. WEXLER. H.R. 2992: Mr. BLUMENAUER and Mr. WASSERMAN SCHULTZ, and Mr. ACKERMAN. H.R. 2048: Mr. WICKER, Mr. LAHOOD, Mr. CUMMINGS. H. Con. Res. 172: Mr. MENENDEZ and Mr. CLAY, Mr. MARKEY, Mr. RADANOVICH, and Mr. H.R. 3005: Mr. ACKERMAN, Mr. BARROW, Mr. BRADY of Pennsylvania. MCGOVERN. BARTLETT of Maryland, Ms. BERKLEY, Mr. H. Con. Res. 181: Mr. ENGLISH of Pennsyl- H.R. 2049: Mr. BARTLETT of Maryland. BERMAN, Mr. BLUMENAUER, Mr. BOEHLERT, vania, Mr. MOORE of Kansas, Mr. SCOTT of H.R. 2092: Ms. CORRINE BROWN of Florida, Mr. CLEAVER, Ms. CORRINE BROWN of Florida, Georgia, Mr. CAPUANO, Mr. ALEXANDER, Mr. Mr. CLAY, Mr. CLEAVER, and Mr. JEFFERSON. Mr. BROWN of Ohio, Mr. BURTON of Indiana, MELANCON, Ms. HART, Mr. TIBERI, Ms. BEAN, H.R. 2234: Mrs. BLACKBURN, Mr. DICKS, Mrs. Mr. BUTTERFIELD, Mr. CARDOZA, Mr. CHAN- Mr. ISRAEL, Ms. HOOLEY, Mr. BOYD, Mr. MCCARTHY, and Mrs. CAPITO. DLER, Mrs. CHRISTENSEN, Mr. CROWLEY, Mr. REHBERG, and Mr. GOODE. H.R. 2239: Mrs. JOHNSON of Connecticut and DELAHUNT, Ms. DELAURO, Mr. DOGGETT, Mr. H. Con. Res. 197: Ms. WATSON. Mr. LEWIS of Kentucky. EDWARDS, Mr. EVANS, Mr. FALEOMAVAEGA, H. Con. Res. 208: Mr. ROTHMAN and Ms. H.R. 2301: Mr. GRIJALVA. Mr. FARR, Mr. FILNER, Mr. FORTENBERRY, KAPTUR. H.R. 2317: Mr. ALEXANDER. Mr. GALLEGLY, Mr. GENE GREEN of Texas, H. Res. 15: Mr. CARTER, Mr. PLATTS, Mr. H.R. 2320: Mr. WAMP. Mr. HASTINGS of Florida, Mr. HINCHEY, Mr. ISSA, and Mr. SOUDER. H.R. 2327: Ms. SCHWARTZ of Pennsylvania. HYDE, Mr. ISSA, Ms. JACKSON-LEE of Texas, H. Res. 97: Mr. GRAVES, Mr. BRADY of H.R. 2330: Mr. EHLERS and Mr. HONDA. Ms. EDDIE BERNICE JOHNSON of Texas, Mr. Texas, Mr. DUNCAN, Mr. KUHL of New York, H.R. 2335: Mr. BERRY, Mr. DAVIS of Illinois, KENNEDY of Rhode Island, Mr. KUCINICH, Mr. Mr. DAVIS of Kentucky, and Mr. BONILLA. and Mr. SERRANO. LEACH, Mrs. MCCARTHY, Mr. MCCAUL of H. Res. 230: Mr. MCCOTTER and Mr. BART- H.R. 2338: Mr. SIMPSON. Texas, Ms. MCCOLLUM of Minnesota, Mr. LETT of Maryland.

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H. Res. 286: Ms. CORRINE BROWN of Florida H. Res. 350: Mr. MANZULLO. BROWN of Florida, Mr. UDALL of New Mexico, and Mr. SOUDER. H. Res. 357: Ms. PRYCE of Ohio, Ms. HAR- Ms. GINNY BROWN-WAITE of Florida, Ms. H. Res. 317: Mr. BRADY of Pennsylvania. MAN, Mrs. CAPPS, Ms. JACKSON-LEE of Texas, HERSETH, Mr. MICHAUD, and Mr. SNYDER. H. Res. 323: Mr. SIMMONS, Mr. BRADY of Mrs. MALONEY, Mrs. BIGGERT, Ms. MCCOLLUM C OVERN DALL Pennsylvania, Mr. M G , Mr. U of of Minnesota, Ms. HARRIS, Ms. BERKLEY, Ms. f Colorado, Mr. WOLF, Mr. FOLEY, Mr. GRANGER, Mr. REGULA, Mr. LEACH, Mr. NEUGEBAUER, Mr. CHANDLER, Ms. LORETTA KOLBE, Miss MCMORRIS, Mr. HOLDEN, Mr. DELETIONS OF SPONSORS FROM SANCHEZ OF CALIFORNIA, AND MR. SHAW. HINOJOSA, Ms. ZOE LOFGREN of California, H. Res. 325: Mr. WALSH, Mr. SIMMONS, Mr. PUBLIC BILLS AND RESOLUTIONS and Ms. HERSETH. ENGEL, Mr. MEEHAN, and Mr. FRANK of Mas- Under clause 7 of rule XII, sponsors H. Res. 360: Ms. GINNY BROWN-WAITE of sachusetts. were deleted from public bills and reso- H. Res. 326: Mr. WESTMORELAND, Mr. HIN- Florida and Ms. KAPTUR. CHEY, and Mr. MACK. H. Res. 361: Mr. BILIRAKIS, Mr. VAN lutions as follows: H. Res. 336: Mr. FARR. HOLLEN, Mr. CASE, Mr. FILNER, Ms. CORRINE H.R. 2317: Ms. MOORE of Wisconsin.

VerDate jul 14 2003 03:26 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\A14JY7.074 H14PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, THURSDAY, JULY 14, 2005 No. 95 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, I will turn to the Democratic leader, called to order by the Honorable JOHN PRESIDENT PRO TEMPORE, and then I have a few words on port se- E. SUNUNU, a Senator from the State of Washington, DC, July 14, 2005. curity. New Hampshire. To the Senate: Under the provisions of rule I, paragraph 3, f of the Standing Rules of the Senate, I hereby PRAYER RECOGNITION OF THE MINORITY appoint the Honorable JOHN E. SUNUNU, a LEADER The Chaplain, Dr. Barry C. Black, of- Senator from the State of New Hampshire, fered the following prayer: to perform the duties of the Chair. The ACTING PRESIDENT pro tem- Let us pray. TED STEVENS, pore. The Democratic leader is recog- O God, our refuge and fortress, we President pro tempore. nized. look to You for protection. We depend Mr. SUNUNU thereupon assumed the f Chair as Acting President pro tempore. on You to do what is best for our Na- COOPERATION OF SENATORS tion and world and cherish no desire to f dictate the terms of Your providence. Mr. REID. Mr. President, I say this RECOGNITION OF THE MAJORITY to my colleagues or their staffs watch- Gathering strength from the knowl- LEADER edge that You have protected us across ing. We have spent considerable time the years of our lives, we trust You to The ACTING PRESIDENT pro tem- on this bill. Yesterday was a little dis- remain the author and finisher of our pore. The majority leader is recog- jointed because of the funeral of Gay- destinies. nized. lord Nelson and the space shuttle We pray today for the Members of f blastoff that did not occur. We had a number of Senators who had gone to Congress as they labor during a time of SCHEDULE duress. Strengthen them to strive to both of those events. preserve in our Nation the values that Mr. FRIST. Mr. President, we will re- Under the order now before the Sen- will keep it great. Renew in them the turn to Homeland Security appropria- ate, the leader and I have the ability to commitment to keep us one nation, tions in just a few minutes. Last night, offer amendments. I have one Senator sustained by Your power, indivisible, we entered into an agreement to pro- who has come to me, and I think the with liberty and justice for all. vide for a series of five stacked votes amendment he has asked that I offer is Inspire us all to acknowledge You beginning at 10 a.m. The first vote will appropriate, and I will do that. I will with our thoughts and deeds so that be normal in length; however, the re- confer with Senator JUDD GREGG before You will direct our paths. We pray in maining votes in the series will be lim- I offer that amendment. Your glorious Name. Amen. ited to 10-minute lengths. Senators All good things need to come to an should remain in or close to the Cham- end, and we need to stop any amend- f ber for the purposes of voting. The two ments we now have with the dozen managers expect to stack other votes pending now. I prevailed upon the ma- PLEDGE OF ALLEGIANCE on amendments that are ready to be jority leader not to file cloture yester- The Honorable JOHN E. SUNUNU led disposed of. We will announce shortly day or Tuesday. I think that is appro- the Pledge of Allegiance, as follows: whether those will be added to the cur- priate. I pledge allegiance to the Flag of the rent list or if we will debate additional For Members who have amendments United States of America, and to the Repub- amendments and stack them for later to offer, if they have something they lic for which it stands, one nation under God, this morning. It is possible to finish believe is extremely important, they indivisible, with liberty and justice for all. the Homeland Security bill today or can come to me, and I will make every this evening. We can do that if Sen- consideration I can. f ators cooperate over the course of the It is time we finish this bill. I don’t day. know if we can finish it tonight. I hope APPOINTMENT OF ACTING We have other important appropria- we can. The leader said we will stay in PRESIDENT PRO TEMPORE tions bills to consider as well as other tonight and work through as long as we The PRESIDING OFFICER. The legislative matters, executive items, need to. It is my understanding, re- clerk will please read a communication over the course of the next couple of gardless of what we do tonight, that we to the Senate from the President pro days. In all likelihood, we will go to are going to try to move to another bill tempore (Mr. STEVENS). foreign operations tomorrow, assum- tomorrow, which is fine with me. The legislative clerk read the fol- ing—and I hope—we will finish Home- I say to my colleagues, if there are lowing letter: land Security today. Members who have something to say

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

S8247

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VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8248 CONGRESSIONAL RECORD — SENATE July 14, 2005 on this amendment or any amendments seek little more than better lives for I congratulate Chairman GREGG and filed, do that because there is a time their families. But some bring drugs. Senator BYRD for their leadership in when the sun goes down and everyone Some traffic in human beings. A few bringing this bill to the floor. will be in a hurry to get out of here. may even have links to terrorist Immigrants have enhanced our his- The fact is, if we have a lot of amend- groups. tory. And they will enhance our future. ments stacked, we will not be able to We don’t know exactly how many But we must make sure they to Amer- do that. come. We don’t know their back- ica legally. It’s a matter of security in The ACTING PRESIDENT pro tem- grounds. Nor do we know who might a time of war. It’s also a matter of mo- pore. The majority leader. want to harm us. rality for a caring nation and a nation But we do know one thing: if drug f of laws. dealers and human traffickers can op- BORDER SECURITY erate on our borders, terrorists can as f Mr. FRIST. Mr. President, people well. RESERVATION OF LEADER TIME around the world know the United Our national security requires a The ACTING PRESIDENT pro tem- States as a land of freedom and oppor- safer, more secure border. And our pore. Under the previous order, the standards of compassion demand it. tunity. leadership time is reserved. We have remained that way in large Anything else is morally unacceptable. part because we open our doors to im- We must act swiftly. f migrants. At the right time, Congress must re- DEPARTMENT OF HOMELAND SE- We must continue to do so. form our laws to strengthen and im- CURITY APPROPRIATIONS ACT, People come to America looking for prove our immigration system. We also 2006 need free trade agreements like a better life. We live better lives be- The ACTING PRESIDENT pro tem- cause of them. They contribute to our CAFTA, which we passed just before the July 4th recess. This will give eco- pore. Under the previous order, the economy. They help weave the rich cul- Senate will resume consideration of tural fabric that makes up our society. nomic hope to the people of Central America. It will give them greater op- H.R. 2360, which the clerk will report. But we must ensure that immigrants The legislative clerk read as follows: who come to America come here le- portunities to live more prosperous lives in their communities. But, for A bill (H.R. 2360) making appropriations to gally. the Department of Homeland Security for We face a crisis. Over 7,000 miles of now, we must tighten enforcement of our borders. And that’s what this bill the fiscal year ending September 30, 2006, and land stretch across our borders. Our for other purposes. ports handle 16 million cargo con- does. First, it dramatically increases the Pending: tainers. And 330 million noncitizens— corps of border protection profes- Byrd amendment No. 1200, to provide funds students, visitors and workers—cross sionals. Congress has already added 500 for certain programs authorized by the Fed- our borders every year. border patrol agents this year. This bill eral Fire Prevention and Control Act of 1974. An unprecedented flow of illegal im- adds 2,000 more patrol agents, inves- Akaka amendment No. 1113, to increase migrants, criminals, terrorists, and un- tigators, and detention and deportation funding for State and local grant programs secured cargo also cross our borders. and firefighter assistance grants. officers. After this bill, there will be This challenges our standards of com- Dorgan amendment No. 1111, to prohibit nearly 41,000 people protecting our bor- passion and threatens our national se- the use of funds appropriated under this Act der. Our long-term goal should be 10,000 curity. to promulgate the regulations to implement new border patrol agents within the It also offers us an opportunity to de- the plan developed pursuant to section next 5 years. 7209(b) of the Intelligence Reform Act of 2004. fine our Nation’s future. Second, this bill gives our border pa- Durbin (for Boxer) amendment No. 1216, to First and foremost, we face a grave trol more technology and training and provide for the strengthening of security at humanitarian challenge. Last year, aircraft. This will bolster security by, nuclear power plants. several hundred people died in the for example, doubling the number of Durbin (for Stabenow) amendment No. deserts and mountains that separate ports subject to high-risk container 1217, to provide funding for interoperable the United States from Mexico. Most communications equipment grants. checks. Gregg (for Ensign) modified amendment died of exposure to the elements. Some Third, this bill strengthens the infra- died in accidents. An alarming number No. 1124, to transfer appropriated funds from structure that protects our borders. It the Office of State and Local Government were murdered. provides more than $300 billion for Coordination and Preparedness to the U.S. Along Arizona’s southern border—the frontline defenses—which will help pre- Customs and Border Protection for the pur- only area for which we have good vent people from entering our country pose of hiring 1,000 additional border agents data—over 20 people died as a result of illegally. and related expenditures. hanging, blunt-force trauma, gun shot Fourth, this bill increases funding for McCain modified amendment No. 1150, to wounds and other apparently delib- detention beds by 10 percent—boosting increase the number of border patrol agents consistent with the number authorized in erate means during 2004. the total number of beds to 23,000. It But we have this data collected only the Intelligence Reform and Terrorism Pre- does no good to increase our border pa- vention Act of 2004 (Public Law 108–458). because of the work of an Arizona trol forces and border monitoring tech- McCain modified amendment No. 1171, to newspaper. We don’t know how many nology if we don’t have the space to increase the number of detention beds and more corpses are buried in shallow, un- hold illegal aliens while their cases are positions or FTEs in the United States con- marked graves. Nobody keeps a com- being processed. sistent with the number authorized in the plete database of deaths along our bor- Simply put, we should not release in- Intelligence Reform and Terrorism Preven- ders. And many apparent homicides go dividuals with criminal ties. Instead, tion Act of 2004 (Public Law 108–458). uninvestigated. our nation should detain them until Schumer amendment No. 1189, to provide That’s why I’ve asked the Govern- that certain air cargo security programs are their cases can be heard. implemented. ment Accountability Office to produce Over 400,000 individuals—nearly as Schumer amendment No. 1190, to appro- a report on the deaths along our border many as live in Atlanta—have simply priate $70,000,000 to identify and track haz- as a guide to future action. walked away from orders of deporta- ardous materials shipments. We must protect our Nation from tion and removal. This is unacceptable. Reid (for Byrd) amendment No. 1218, to those who seek to enter it illegally. By adding detention space, we can provide additional funding for intercity pas- But we have a higher, moral obligation make sure that people entering the senger rail transportation, freight rail, and to do our best to protect the life of country illegally are not released back mass transit. every person who sets foot on Amer- into the country while we are in the Ensign amendment No. 1219 (to amendment ican soil. process of trying to send them back No. 1124), of a perfecting nature. Shelby modified amendment No. 1205, to Second, the insecurity of our borders home. In all, this bill increases total appropriate funds for transit security grants threatens America’s national security. spending on border security by nearly for fiscal year 2006 authorized in the Public Each year, thousands of people cross 12 percent for a total of nearly $10 bil- Transportation Terrorism Prevention Act of our border illegally. The vast majority lion. 2004.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8249 Gregg amendment No. 1220 (to amendment (6) On June 15, 2005, Thomas P. Dunne, That is why I offer this amendment No. 1205, as modified), of a perfecting nature. Deputy Assistant Administrator for the Of- today, to express the sense of the Sen- The ACTING PRESIDENT pro tem- fice of Solid Waste and Emergency Response ate that Congress should pass legisla- pore. Under the previous order, the of the EPA testified that ‘‘[O]nly a fraction of U.S. hazardous chemical facilities are cur- tion establishing enforceable Federal time until 10 a.m. shall be equally di- rently subject to Federal security require- standards to protect against a terrorist vided by the two leaders or their des- ments’’ and that ‘‘we cannot be sure that attack. There is a lot of work going on. ignees. every high-risk chemical facility has taken The chair and ranking member of the The Senator from New Jersey. voluntary action to secure itself against ter- Homeland Security and Governmental AMENDMENT NO. 1208 rorism.’’ Affairs Committee are holding a series Mr. CORZINE. I ask the pending (7) On June 15, 2005, Robert Stephan, Act- of hearings on chemical plants, I be- ing Undersecretary for Information Analysis amendment be set aside, and I call up and Infrastructure Protection and Assistant lieve one even today, and they have amendment No. 1208. Secretary for Infrastructure Protection at done tremendous work. The ACTING PRESIDENT pro tem- the Department of Homeland Security testi- I compliment Senator COLLINS and pore. Without objection, it is so or- fied that the Department ‘‘has concluded Senator LIEBERMAN and others in pur- dered. that from the regulatory perspective, the ex- suing full efforts with regard to trying The clerk will report. isting patchwork of authorities does not per- to establish a formula, a format for se- The legislative clerk read as follows: mit us to regulate the industry effectively.’’ curing our chemical plants across this Stephan further testified that ‘‘[I]t has be- country. I will work with them shoul- The Senator from New Jersey [Mr. come clear that the entirely voluntary ef- CORZINE] proposes an amendment numbered forts of [chemical facility] companies alone der to shoulder as we go forward on 1208. will not sufficiently address security for the this effort. It is something I have been Mr. CORZINE. I ask unanimous con- entire sector’’ and that ‘‘The Department working on since October of 2001. So I sent the reading of the amendment be should develop enforceable performance compliment them. I also thank Sen- dispensed with. standards . . .’’ ators JUDD and BYRD for their coopera- The ACTING PRESIDENT pro tem- (8) The Senate Committee on Homeland tion in allowing for this sense of the Security and Governmental Affairs, through pore. Without objection, it is so or- a series of valuable and wide-ranging hear- Senate to show there is momentum be- dered. ings, has demonstrated bipartisan commit- hind this effort as we go forward. The amendment is as follows: ment to effective Congressional action to This is something that has been rec- At the appropriate place insert the fol- protect Americans against a possible ter- ognized by every expert as we have lowing: rorist attack against chemical facilities. gone forward, particularly post 9/11. On (a) FINDINGS.—The Senate finds that— (B) SENSE OF THE SENATE.—It is the Sense February 6, 2002, Director of Central (1) On February 6, 2002, Director of Central of the Senate that the Congress should pass Intelligence George Tenet testified: Intelligence George Tenet testified that legislation establishing enforceable federal ‘‘[A]l Qaeda or other terrorist groups might standards to protect against a terrorist at- [A]l Qaeda or other terrorist groups might also try to launch conventional attacks tack on chemical facilities within the United also try to launch conventional attacks against the chemical or nuclear industrial States. against the chemical or nuclear industrial infrastructure of the United States to cause infrastructure of the United States to cause Mr. CORZINE. Mr. President, I rise widespread toxic or radiological damage. widespread toxic or radiological damage.’’ today to discuss one of the most glar- (2) On April 27, 2005, the GAO found that ing vulnerabilities in our Nation’s The threat continues to become more ‘‘Experts’’ agree that the nation’s chemical homeland security—chemical plant se- apparent almost by the day. On the day facilities present an attractive target for ter- before last Thursday’s criminal attacks rorists intent on causing massive damage. curity. This is an amendment which is agreed to on both sides. At the conclu- took place in London, the Congres- For example, the Department of Justice has sional Research Service released a concluded that the risk of an attempt in the sion of my remarks, I will ask for foreseeable future to cause an industrial unanimous consent that the amend- study saying there were 111 plants in 23 chemical release is both real and credible. ment be agreed to. States, such as those 7 in my State of Terrorist attacks involving the theft or re- It is a very simple amendment. It is New Jersey, that could kill more than lease of certain chemicals could significantly a sense of the Senate that Federal a million people. Preventing such a impact the health and safety of millions of standards should be established to pro- terrorist attack, especially against Americans, disrupt the local or regional tect chemical facilities from terrorist plants where they are in these densely economy, or impact other critical infrastruc- populated areas, should be one of our tures that rely on chemicals, such as drink- attacks. I understand it is an indication of a highest priorities. ing water and wastewater treatment sys- These chemical plants present a clear tems.’’ consensus that is building across this (3) As of May 2005, according to data col- Senate and across this country and in and present danger to the American lected pursuant to the Risk Management the Department of Homeland Security people. We have one that sits under a Plan (RMP) of the Environmental Protection that we have a serious issue with re- freeway that feeds the Holland Tunnel Agency (EPA), a worst-case release of chemi- gard to the infrastructure surrounding in metropolitan New York, northern cals from 2237 facilities would potentially af- our chemical plants and the danger New Jersey. Literally, hundreds of fect between 10,000 and 99,999 people, a re- they present to the population that thousands of people transverse right lease from 493 facilities would potentially af- surrounds them—the neighborhoods, over the top of a chlorine plant. It is fect between 100,000 and 999,000, and a release from 111 facilities would potentially affect the people who live in these densely open to exposure, surrounded by 12 mil- over one million. populated communities that surround lion people, in that particular case. (4) On April 27, 2005, the GAO found that these chemical plants. The GAO reported on April 27, 2005: EPA RMP data was based on a release from The State of New Jersey, which is Experts agree that the nation’s chemical a single vessel or pipe rather than the entire the most densely populated State in facilities present an attractive target for ter- quantity on site and that ‘‘[A]n attack that the Nation, has seven plants where rorists intent on causing massive damage. breached multiple chemical vessels simulta- more than a million people could be Economic damage and loss of life. neously could result in a larger release with impacted by an explosion and the re- This is an important recognition. The potentially more severe consequences than those outlined in ‘worst-case’ scenarios.’’ lease of toxic chemicals. It is a real GAO went on to say: (5) On April 27, 2005, the GAO found that danger for our broader community, but Terrorist attacks involving the theft or re- ‘‘Despite efforts by DHS to assess facility it is true across the Nation as well. lease of certain chemicals could significantly vulnerabilities and suggest security im- The Pentagon and the United Na- impact the health and safety of millions of provements, no one has comprehensively as- tions together spent over $900 million Americans. . . . sessed security at facilities that house over a 2-year period searching for In January of this year, Richard chemicals nationwide.’’ GAO further testi- weapons of mass destruction in Iraq, Falkenrath, the former Deputy Home- fied that ‘‘EPA officials estimated in 2003, when in fact those weapons, chemical land Security Adviser to President that voluntary initiatives led by industry as- weapons, anyway, are right in our Bush, called the threat of industrial sociations only reach a portion of the 15,000 RMP facilities. Further, EPA and DHS have backyard. Unsecured chemical plants, chemicals ‘‘acutely vulnerable and al- stated publicly that voluntary efforts alone arguably, are pre-positioned weapons of most uniquely dangerous.’’ He said: are not sufficient to assure the public of the mass destruction right in the back- These poorly secured chemicals, which in industry’s preparedness.’’ yards of Americans. some cases are identical to the chemical

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8250 CONGRESSIONAL RECORD — SENATE July 14, 2005 weapons used in World War I, are routinely Mr. GREGG. Mr. President, we are People along our northern border in present in vast, multi-ton quantities adja- about to begin a series of votes. There the New England region shop in Canada cent to or in the midst of many dense popu- will be five votes. Many of these votes for their groceries. They get their hair- lation centers. are on proposals to spend money above cuts in Canada. They take their boats Falkenrath went on to testify: the allocations which we have in this up across the Canadian border and go Toxic-by-inhalation industrial chemicals budget. That is unfortunate and I think fishing. And the same goes the other present a mass-casualty terrorist potential. probably not good fiscal discipline or way. It used to be historically, until ... appropriate action. the Canadian dollar got a little weak, I could go on and on. Expert after ex- I do think, however, it is important that the No. 1 tourist in New England pert after expert has testified to this. to look at the underlying bill as to its was a Canadian coming down to take On June 15 of this year, Thomas P. substance and its implications because advantage of our coastlines or our Dunne, the Deputy Assistant Adminis- I believe, through a bipartisan effort on mountains and enjoy the summer trator for the Office of Solid Waste and the Appropriations Committee, work- weather. Emergency Response of the EPA, testi- ing closely with the Senator from West So this relationship has built up over fied that: Virginia and other members of the literally hundreds of years. But now we [O]nly a fraction of U.S. hazardous chem- committee, we have been able to put have to be more vigilant. We know ical facilities are currently subject to Fed- together a bill which responds to many that, and especially along our southern eral security requirements. . . . of the concerns that our Senate col- border, where not only are there people This is a real problem. We are not leagues and the American people have. coming across the border who are com- doing enough. As a matter of fact, I think if you ask the American peo- ing here to seek jobs, but there are peo- there are investigative reporters who ple what they most fear relative to ter- ple coming across the border who wish have been able to walk on to many of rorist acts in the United States, it is us ill will. these plants with unchallenged efforts. terrorists who get their hands on a This bill has attempted to address We need Federal standards to address a weapon of mass destruction. We know this issue. We have done it in an ag- real problem. It needs to be done now. if biological or chemical weapons were gressive way. As I said, there are 3 mil- So I hope this sense-of-the-Senate used or, God forbid, a nuclear device lion people coming across our border il- amendment moves us forward. It is was used in any of our major cities, the legally, as this chart shows. Of that right in line with what is being asked damage would be overwhelming. We group, unfortunately, a large number for by the Department of Homeland Se- know from his own testimony that it is are not Mexicans. This is the biggest curity. Osama bin Laden’s intention and the change we are seeing. For the most The Assistant Secretary for Infra- intention of his organizations to obtain part, we know most people coming structure Protection at the Depart- those types of weapons and to try to across our border who are of Mexican lineage are seeking jobs. They are ment of Homeland Security testified use them against western cultures. seeking a better lifestyle. They are try- that the Department: Why? Because they are willing to kill ing to improve their quality of life. has concluded that from the regulatory per- people indiscriminately to make their We now also see a large number of spective, the existing patchwork of authori- political points. They are people with- people coming across the Mexican bor- ties does not permit us to regulate the indus- out regard for human life, and they are try effectively. der illegally who are not Mexicans, al- people who act outside the boundaries most 100,000 a year. This is a serious He further testified: of any norm of civilization. problem for us because we do not know I think if you talk to most Ameri- The Department should develop enforce- what countries they come from, and we able performance standards. . . . cans, they will tell you they are con- know some of the countries they come cerned about our borders. The fact is There is widespread agreement on from have a history of producing indi- this. I think we need to move forward. they read every day in the papers and viduals who wish us ill will. I encourage and support the efforts of they see on the streets situations So what we did in this bill is we radi- Senators COLLINS and LIEBERMAN. It is which reflect the fact that people are cally increased the number of Border time we move forward so we are not coming into our country unaccounted Patrol agents. We are trying to expand looking back after the fact on some- for, that we have approximately 3 mil- our capacity as quickly as we can in thing we have been warned, and warned lion people every year who are entering putting feet on the ground on the bor- time and again, is a danger to the this country illegally, that we have der. That is what we have done here. American people. I hope this amend- somewhere between 8 million and 16 We have added 1,000 new agents in this ment will help us proceed on that. million people who are in this country bill. We added 500 in the supplemental. Mr. President, I urge the adoption of illegally, that of the 300 to 500 million That is 1,500 new agents. That is actu- the amendment at the appropriate people who come across our borders le- ally more than the Border Patrol has time. I do believe the amendment has gally, we do not have any idea who the capability to train—about 200 or been agreed to on both sides, but I do most of these people are and what their 300 more—but we are putting pressure not see either of the managers on the purposes are. on them to accomplish that. floor, so I suppose—— The vast majority of those people We also have increased training fa- The ACTING PRESIDENT pro tem- coming into this country legally are cilities so next year we will hopefully pore. Is there further debate on the coming here to take advantage of be able to add 2,000 or 2,500, and the fol- amendment? If not, without objection, America’s good lifestyle or our busi- lowing year 2,500, and the following the amendment is agreed to and the ness climate or to visit us and see our year 2,500. Our goal is to increase the motion to reconsider is laid upon the Nation, which we appreciate. But a number of Border Patrol agents by table. very small percentage, unfortunately, 10,000 people over the next 4 or 5 years. The amendment (No. 1208) was agreed come here with ill intent. And the But we have to ramp up to it. This year to. American people rightly ask, Why is we are making an aggressive step in Mr. CORZINE. Thank you, Mr. Presi- the Federal Government unable to con- that direction with 1,500. dent. trol our borders? In addition, we have added over 4,100 I suggest the absence of a quorum. Of course, there is a history to this. detention beds because we know when The ACTING PRESIDENT pro tem- We are a nation that has always hon- a Border Patrol agent catches someone pore. The clerk will call the roll. ored the openness of our borders. I re- who is in this country illegally that, The legislative clerk proceeded to member growing up in New Hampshire, unfortunately, they are having to let a call the roll. as does the Presiding Officer. We took lot of people go or send them out on Mr. GREGG. Mr. President, I ask great pride as a nation in the fact that their personal recognizance. That is unanimous consent that the order for people in the northern tier could travel not acceptable. So we added 2,200 beds the quorum call be rescinded. into Canada and people from Canada in this bill. We added 1,900 beds in the The ACTING PRESIDENT pro tem- could travel into the United States at supplemental. We are ramping up our pore. Without objection, it is so or- will. They did, and they still try to. capacity to hold people here who may dered. They still do, to a large degree. be a danger to us.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8251 This bill is focused on threat. That is 9/11, have new duties. That is why both tional 1,000 agents, but redirected funds the purpose of this bill. It realigns our Senator GREGG and Senator BYRD, the away from scarce first responder re- efforts as a Senate to focus the Home- chairman and ranking member of the sources. land Security effort on what are the Appropriations Subcommittee on We need to make border control and priority threats, the No. 1 threat being Homeland Security, are against this first responders copriorities. Consid- weapons of mass destruction. The No. 2 amendment. There is bipartisan opposi- ering the existing funding in the under- threat is the fact that our borders are tion to it because our police, our fire- lying bill for 1,000 new border patrol so porous. fighters, our medical technicians are agents, I simply could not support an The PRESIDING OFFICER (Ms. MUR- the ones who need the help. Don’t take amendment that would strip funds KOWSKI). The Senator’s time has ex- money away from localities to put into from our police officers, firefighters, pired. this Federal pot. and emergency response personnel. For Mr. GREGG. I appreciate the cour- The PRESIDING OFFICER. The most people, homeland security is real- tesy of the Presiding Officer and the question is on agreeing to amendment ly hometown security. Our States rely Senate. No. 1219. heavily on these first responder funds AMENDMENT NO. 1219 TO AMENDMENT NO. 1124 The yeas and nays have been ordered. to keep our communities safe. The PRESIDING OFFICER. Under The clerk will call the roll. VOTE ON AMENDMENT NO. 1124 the previous order, the hour of 10 a.m. The bill clerk called the roll. The PRESIDING OFFICER. The having arrived, the Senate will proceed Mr. MCCONNELL. The following Sen- question is on agreeing to the first-de- to a series of votes. ator was necessarily absent: the Sen- gree amendment No. 1124. Under the previous order, there are ator from Mississippi (Mr. LOTT). The amendment (No. 1124) was re- now 2 minutes equally divided prior to Mr. DURBIN. I announce that the jected. a vote on amendment No. 1219 to Senator from Maryland (Ms. MIKULSKI) AMENDMENT NO. 1189 amendment No. 1124. Who yields time? is necessarily absent. The PRESIDING OFFICER. Under The Senator from Nevada. The PRESIDING OFFICER. Are there the previous order, there are now 2 Mr. ENSIGN. Madam President, I any other Senators in the Chamber de- minutes equally divided prior to the urge my colleagues to support the En- siring to vote? vote on the motion to waive the Budg- sign-McCain amendment. Last year The result was announced—yeas 38, et Act point of order on the Schumer during the debate on the national in- nays 60, as follows: amendment No. 1189. telligence reform bill, we adopted sev- [Rollcall Vote No. 179 Leg.] Mr. SCHUMER. Madam President, I eral of the recommendations of the 9/11 YEAS—38 ask unanimous consent that the vote Commission, including hiring 2,000 Allard DeMint Martinez be 10 minutes on this amendment and agents per year for border control. This Allen Dole McCain the next one. bill, while it is an increase over what Bennett Domenici McConnell The PRESIDING OFFICER. That has the President requested, only funds Bingaman Ensign Murkowski previously been ordered. Brownback Enzi Roberts 1,000 new agents. What our amendment Bunning Frist Who yields time? The Senator from will do is fund the full 2,000. It will Salazar Burns Graham Sessions New York. fund an additional 1,000 on top of what Burr Grassley Shelby Mr. SCHUMER. Mr. President, this Chambliss Hagel the original bill does. The offset to pay Sununu Coburn Hatch amendment deals with air cargo. We Thomas for this does not increase the deficit. It Cornyn Hutchison have done a very fine job in making Thune is all paid for under the bill. Some may Craig Isakson our air travel safer when it comes to Warner question whether this offset makes any Crapo Kyl passengers. They are checked very well sense. I believe it does because we have NAYS—60 to prevent them from smuggling not limited resources at the Federal level, Akaka Dorgan Murray only metal but now explosives onto and we must spend those wisely. Alexander Durbin Nelson (FL) planes. As recently as this past Sunday, a Baucus Feingold Nelson (NE) However, most passenger planes— CBS News report did a segment on how Bayh Feinstein Obama Biden Gregg Pryor more than half—carry cargo in the some local governments were spending Bond Harkin Reed belly of the plane. That cargo is not in- their dollars. These funds have been Boxer Inhofe Reid spected. So somebody who, God forbid, used to purchase defibrillators used at Byrd Inouye Rockefeller would want to do damage could smug- Cantwell Jeffords Santorum high school basketball games, not for Carper Johnson Sarbanes gle explosives into the cargo and deto- national security, trailers to haul Chafee Kennedy Schumer nate it and do just as much damage as lawnmowers to annual lawnmower Clinton Kerry Smith a passenger. races. The program has been used to Cochran Kohl Snowe Coleman Landrieu Specter This amendment very simply pro- purchase Segway scooters at a comput- Collins Lautenberg Stabenow vides $302 million to provide for air erized towing service. Conrad Leahy Stevens cargo security, $200 million for existing I urge our colleagues to support Corzine Levin Talent air cargo security countermeasures, $2 Dayton Lieberman Vitter strengthening our borders and not DeWine Lincoln Voinovich million for a pilot program on hard- using the money in wasteful ways. Dodd Lugar Wyden ened containers, and $100 million for The PRESIDING OFFICER. The Sen- NOT VOTING—2 research. ator from New York. We have learned since 9/11 that ter- Mr. SCHUMER. Madam President, Lott Mikulski rorists look for our weakest pressure this amendment seeks to strengthen The amendment (No. 1219) was re- point. Cargo is our weakest pressure the borders, which is a good goal, but jected. point on air travel, and I urge support at an awful price. It could take 24 per- Mr. NELSON of Nebraska. Mr. Presi- of the amendment. cent of our money away from our first dent, today’s vote pitted two of Amer- The PRESIDING OFFICER. The Sen- responders—police, firefighters, emer- ica’s top priorities against each other ator’s time has expired. The Senator gency technicians. In every one of the in a face off over Federal funding. Our from New Hampshire. States we had an argument the other national security interests are inher- Mr. GREGG. Madam President, this day that we don’t get enough money ent is both securing our borders to amendment would add to the deficit by for these people, that whether you are keep terrorists out and providing first $302 million. It exceeds the commit- from Wyoming or Kansas or Maine or responders the resources they need to tee’s allocation. More importantly New York, there is not enough money detect, prevent and respond to emer- than that—or equally important—the for our first responders. There is noth- gencies and terrorism. Department cannot spend this money. ing that says we have to rob Peter to The underlying bill supports 1,000 The Department does not have in place pay Paul. That is the problem here. It new border patrol agents. That is a sig- yet the plans necessary to pursue this is not in strengthening the borders. It nificant investment in securing our type of technology. is in taking money away from the peo- borders. The amendment we voted on The administration asked for $40 mil- ple every day who defend us and, since would have added funding for an addi- lion in this account. The committee

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8252 CONGRESSIONAL RECORD — SENATE July 14, 2005 put $50 million into this account. We some of these amendments is look for The yeas and nays resulted—yeas 36, believe the first focus should be on our weakest pressure points because nays 62, as follows: pilot security relative to cargo, which the terrorists also know where we have [Rollcall Vote No. 181 Leg.] is what we are working on right now, done things, and they know where we YEAS—36 and then moving forward with tech- have not done enough. A place where Akaka Durbin Lieberman nology which we are also working on, we are completely weak is truck secu- Bayh Feingold Murray but we should do it in an orderly way, rity. We have seen that terrorists have Biden Harkin Nelson (FL) Bingaman Jeffords Obama and this amendment would create a used trucks to hurt us—in New York Boxer Johnson Reed disorderly process and, as I said, add City at the World Trade Center in 1993, Cantwell Kennedy Reid $302 million to the deficit. of course in Oklahoma City a few years Carper Kerry Rockefeller I hope people will vote not to waive later, and in Europe and around the Clinton Kohl Salazar Corzine Landrieu Sarbanes the budget point of order. world as well. A truck loaded with ex- Dayton Lautenberg Schumer The PRESIDING OFFICER. The plosives can do terrible damage at a Dodd Leahy Stabenow question is on agreeing to the motion football stadium, at a skyscraper or Dorgan Levin Wyden to waive the Budget Act point of order. another place that is heavily popu- NAYS—62 The yeas and nays have been ordered. lated. Alexander DeMint McCain The clerk will call the roll. The interesting thing is that tech- Allard DeWine McConnell The assistant legislative clerk called nology does exist to track trucks the Allen Dole Murkowski the roll. way we track airplanes. It is GPS. It is Baucus Domenici Nelson (NE) Bennett Ensign Pryor Mr. MCCONNELL. The following Sen- not very expensive. But since the truck Bond Enzi Roberts ator was necessarily absent: the Sen- market is so fragmented, no one com- Brownback Feinstein Santorum ator from Mississippi (Mr. LOTT). pany does it alone, even though many Bunning Frist Sessions Burns Graham Shelby Mr. DURBIN. I announce that the companies have GPS systems in their Burr Grassley Smith Senator from Maryland (Ms. MIKULSKI) trucks, mainly for theft. Byrd Gregg Chafee Hagel Snowe is necessarily absent. We provide just $70 million, not very Specter The PRESIDING OFFICER. Are there much, to develop and implement a sys- Chambliss Hatch Coburn Hutchison Stevens any other Senators in the Chamber de- tem for identification and tracking Cochran Inhofe Sununu siring to vote? only of hazardous material trucks— Coleman Inouye Talent The yeas and nays resulted—yeas 45, those that carry gasoline, explosives, Collins Isakson Thomas Conrad Kyl Thune nays 53, as follows: chlorine—that could be used for ter- Cornyn Lincoln Vitter [Rollcall Vote No. 180 Leg.] rible purposes. If we can’t afford $70 Craig Lugar Voinovich YEAS—45 million to do this—and I disagree with Crapo Martinez Warner Akaka Feingold Lincoln my friend from New Hampshire, we are NOT VOTING—2 Baucus Feinstein Murray not doing enough now—then we ought Lott Mikulski Bayh Harkin Nelson (FL) to look into the mirror. I hope this The PRESIDING OFFICER. On this Biden Hutchison Nelson (NE) amendment will be supported. Bingaman Inouye Obama vote the yeas are 36, the nays are 62. Mr. GREGG. Mr. President, I point Boxer Jeffords Pryor Three-fifths of the Senators duly cho- Byrd Johnson Reed out initially that this amendment ex- sen and sworn not having voted in the Cantwell Kennedy Reid ceeds the budget allocation of the com- Carper Kerry Rockefeller affirmative, the motion is not agreed mittee and is a deficit spending item. Clinton Kohl Salazar to. The point of order is sustained and More important than that, the Depart- Corzine Landrieu Sarbanes the amendment falls. Dayton Lautenberg Schumer ment of Homeland Security does not Dodd Leahy Snowe yet have the technology nor the pilot AMENDMENT NO. 1221, AS MODIFIED Dorgan Levin Stabenow Mr. GREGG. Mr. President, I ask Durbin Lieberman Wyden programs capable of doing this. They will be pursuing this course of action unanimous consent that the previously NAYS—53 when they are ready to do this in an ef- agreed to Hatch amendment numbered Alexander Crapo McCain fective and comprehensive way, and we 1221 be modified with the changes that Allard DeMint McConnell will fund it. are at the desk. Allen DeWine Murkowski The PRESIDING OFFICER. Is there Bennett Dole Roberts Again, there dollars are being put in Bond Domenici Santorum a problem that there is no solution for objection? Without objection, it is so Brownback Ensign Sessions ordered. Bunning Enzi at this time. The Department has not Shelby asked for money for this because they The amendment (No. 1221), as modi- Burns Frist Smith Burr Graham fied, was agreed to, as follows: Specter know they are not capable of handling Chafee Grassley Stevens it yet. We will certainly pursue this ac- (A) On line 2, page 2, strike‘‘.’’ and Chambliss Gregg Sununu insert‘‘;’’. Coburn Hagel tivity, if it is appropriate, as the De- Talent (B) Add at the end, ‘‘provided that the bal- Cochran Hatch partment gets their pilot programs in ance shall be allocated from the funds avail- Coleman Inhofe Thomas place and shows that they can handle Collins Isakson Thune able to the Secretary of Homeland Security Conrad Kyl Vitter this type of program. Right now it is for States, urban areas, or regions based on Cornyn Lugar Voinovich premature. In addition, of course, it is risks; threats; vulnerabilities; and unmet es- Craig Martinez Warner deficit spending. sential capabilities pursuant to Homeland NOT VOTING—2 I hope Senators support the budget Security presidential directive 8 (HSPD–8).’’ AMENDMENT NO. 1171 Lott Mikulski point of order and vote against waiving it. The PRESIDING OFFICER. Under The PRESIDING OFFICER. On this The PRESIDING OFFICER. The the previous order, there are now 2 vote, the yeas are 45, the nays are 53. question is on agreeing to the motion. minutes equally divided prior to the Three-fifths of the Senators duly cho- The yeas and nays have already been vote on McCain amendment No. 1171. sen and sworn not having voted in the ordered. Who yields time? affirmative, the motion is rejected. The clerk will call the roll. Mr. MCCAIN. Mr. President, before I The point of order is sustained and The legislative clerk called the roll. use my minute, I ask unanimous con- the amendment falls. Mr. MCCONNELL. The following Sen- sent that Senator KYL and Senator AMENDMENT NO. 1190 ator was necessarily absent: the Sen- BROWNBACK be added as cosponsors. Under the previous order, there are ator from Mississippi (Mr. LOTT). The PRESIDING OFFICER. Without now 2 minutes equally divided on the Mr. DURBIN. I announce that the objection, it is so ordered. motion to waive the budget point of Senator from Maryland (Ms. MIKULSKI) Mr. MCCAIN. Mr. President, the In- order on the Schumer amendment No. is necessarily absent. telligence Reform and Terrorism Pre- 1190. The Senator from New York. The PRESIDING OFFICER (Mr. EN- vention Act, which we passed 7 months Mr. SCHUMER. Madam President, SIGN). Are there any other Senators in ago, authorized 8,000 new detention what I have been attempting to do in the Chamber desiring to vote? beds. This bill provides for about a

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My friends, anybody who Reid Snowe Voinovich emergency spending, which is the comes into the United States of Amer- Roberts Specter Wyden equivalent of 1 month spending in Iraq, Rockefeller Stabenow ica across our southern border today in order to make sure we can talk to and is from a country other than Mex- NOT VOTING—2 each other—State, Federal, local, po- ico, there is a 95-percent chance they Lott Mikulski lice, fire, and emergency responders. will continue their journey to wherever The amendment (No. 1171) was re- When our cities were attacked, they they want to go. We don’t have enough jected. were not attacking individual cities; detention facilities. We don’t have Mr. GREGG. I ask unanimous con- they were attacking our country. No enough beds. sent that after this vote, which is the longer is interoperable communica- Mr. President, here is a story: final vote of this group, there be 3 tions just a State and local function. It Twenty Brazilians glided across the Rio hours to be divided in the usual form to must be committed to nationally to Grande in rubber rafts propelled by Mexican be used concurrently on the amend- keep America safe. smugglers who leaned forward and breast- ments; provided further that following Finally, my distinguished friend from stroked through the gentle current. the use or yielding back of debate time, New Hampshire I am sure will say the Once on the U.S. side, the Brazilians the Senate proceed to the votes in rela- Department still has funds that have scrambled ashore and started looking for the tion to the following amendments: Sen- Border Patrol. Their quick and well-re- not been allocated. My question is, hearsed surrender was part of a growing ator BYRD’s amendment 1218; my Why not? Let’s get about the business trend that is demoralizing the Border Patrol amendment No. 1220, as modified; Sen- of keeping prepared and protected. and beckoning a rising number of illegal im- ator SHELBY’s amendment 1205. Pro- The PRESIDING OFFICER. The migrants from countries beyond Mexico. vided further that no second-degree Democratic leader. ‘‘We used to chase them; now they’re chas- amendments be in order and the AMENDMENT NO. 1222 ing us,’’ Border Patrol Agent Gus Balderas amendments be prior to the votes. Mr. REID. Mr. President, I ask unan- said as he frisked the Brazilians. The time will be divided as follows imous consent that prior to this vote Mr. President, we have to provide under the 3-hour agreement: Senator the pending amendment be set aside so sufficient facilities. SHELBY, 15 minutes; Senator SCHUMER, I can send this amendment to the desk. The PRESIDING OFFICER. The Sen- 15 minutes; Senator REED of Rhode Is- The PRESIDING OFFICER. Is there ator’s time has expired. land, 15 minutes; Senator CARPER, 15 objection? Mr. MCCAIN. I ask my colleagues to minutes; Senator BIDEN, 15 minutes; Mr. GREGG. Reserving the right to approve this much needed legislation. Senator SARBANES, 15 minutes; Senator object. The PRESIDING OFFICER. Who BYRD, 15 minutes; and I will retain an yields time in opposition? hour. The PRESIDING OFFICER. The Sen- Mr. GREGG. Mr. President, I suggest Mr. REID. Mr. President, it is my un- ator from New Hampshire. all time be yielded back. derstanding I have 15 minutes and Sen- Mr. GREGG. I suggest the absence of The PRESIDING OFFICER. The ator JACK REED has 15 minutes. a quorum. question is on agreeing to the amend- The PRESIDING OFFICER. That is The PRESIDING OFFICER. The ment. The yeas and nays have been or- correct. clerk will call the roll. dered. The clerk will call the roll. Without objection, it is so ordered. The legislative clerk proceeded to The assistant legislative clerk called Mr. BYRD. Will the Senator yield? call the roll. the roll. Mr. GREGG. I yield. Mr. GREGG. Mr. President, I ask Mr. MCCONNELL. The following Sen- Mr. BYRD. May I make a unanimous unanimous consent that the order for ator was necessarily absent: the Sen- consent request before we proceed? the quorum call be rescinded. ator from Mississippi (Mr. LOTT). Mr. GREGG. Proceed. The PRESIDING OFFICER. Without Mr. DURBIN. I announce that the Mr. BYRD. I ask unanimous consent objection, it is so ordered. Senator from Maryland (Ms. MIKULSKI) that the following Senators have their Mr. GREGG. I have no objection to is necessarily absent. names added as cosponsors to the Byrd the request by the Democratic leader. The PRESIDING OFFICER. Are there amendment numbered 1200: Senators The PRESIDING OFFICER. Is there any Senators in the Chamber who de- WARNER, COLLINS, MURRAY, STABENOW, objection to the request of the Senator sire to vote? KOHL, SARBANES, LEVIN, and CANTWELL. from Nevada? The PRESIDING OFFICER. Without The yeas and nays resulted—yeas 42, Without objection, it is so ordered. nays 56, as follows: objection, it is so ordered. Mr. GREGG. As I understand it, the The clerk will report. [Rollcall Vote No. 182 Leg.] prior unanimous consent request that I The assistant legislative clerk read YEAS—42 asked for reflects the Democratic lead- as follows: Allard Crapo Inhofe er’s time was also agreed to. The Senator from Nevada [Mr. REID], for Allen DeMint Isakson The PRESIDING OFFICER. The Sen- himself, Mr. LEVIN, Mr. ROCKEFELLER, and Bayh Dodd Jeffords ator is correct. Mr. BIDEN, proposes an amendment num- Bennett Dole Kyl bered 1222. Bingaman Domenici Lugar Mr. GREGG. Thank you. Boxer Ensign Martinez AMENDMENT NO. 1217 Mr. REID. Mr. President, I ask unan- Brownback Enzi McCain imous consent that reading of the Bunning Feinstein McConnell The PRESIDING OFFICER. Under Burns Frist Salazar the previous order, there are 2 minutes amendment be dispensed with. Burr Graham Santorum equally divided prior to a vote on a The PRESIDING OFFICER. Without Chambliss Grassley Sessions objection, it is so ordered. Coburn Hagel Thune point of order to waive the Budget Act Cornyn Hatch Vitter on the Stabenow amendment numbered The amendment is as follows: Craig Hutchison Warner 1217. (Purpose: To prohibit Federal employees who disclose classified information to persons NAYS—56 Ms. STABENOW. Mr. President, I ask unanimous consent to add Senator not authorized to receive such information Akaka Collins Kennedy from holding a security clearance) Alexander Conrad Kerry DURBIN as a cosponsor of the amend- Baucus Corzine Kohl ment. At the appropriate place, insert the fol- Biden Dayton Landrieu The PRESIDING OFFICER. Without lowing: Bond DeWine Lautenberg SEC. ll. No Federal employee who dis- Byrd Dorgan Leahy objection, it is so ordered. Ms. STABENOW. Our primary goal as closes, or has disclosed, classified informa- Cantwell Durbin Levin tion, including the identity of a covert agent Carper Feingold Lieberman the Senate must be to make sure our of the Central Intelligence Agency, to a per- Chafee Gregg Lincoln families are prepared and protected. Clinton Harkin Murkowski son not authorized to receive such informa- Cochran Inouye Murray That means preparing our first re- tion shall be permitted to hold a security Coleman Johnson Nelson (FL) sponders. This amendment is an clearance for access to such information.

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AMENDMENT NO. 1217 Hagel McConnell Specter (Purpose: To provide for clear, concise, and Mr. GREGG. Mr. President, I under- Hatch Murkowski Stevens uniform guidelines for reimbursement for Hutchison Nelson (FL) Sununu hurricane debris removal for counties af- stand I have a minute now in opposi- Inhofe Nelson (NE) Talent fected by hurricanes) tion to the amendment by the Senator Inouye Roberts Thomas from Michigan. Isakson Santorum Thune AMENDMENT NO. 1117 Kyl Sessions Vitter The PRESIDING OFFICER. That is On page 100, between lines 11 and 12, insert Lugar Shelby Voinovich the following: correct. Martinez Smith Warner McCain Snowe Wyden SEC. 5lll. In light of concerns regarding The Senator from New Hampshire. inconsistent policy memoranda and guide- Mr. GREGG. Mr. President, this will NOT VOTING—2 lines issued to counties and communities af- be a $5 billion budget buster. It is $5 Lott Mikulski fected by the 2004 hurricane season, the Sec- billion above the allocation. Just as retary of Homeland Security, acting through significant, it is declared an emer- The PRESIDING OFFICER. On this the Under Secretary for Emergency Pre- gency. Now, under the budget rules, an vote, the yeas are 35, the nays are 63. paredness and Response, shall provide clear, emergency is something that is sudden, Three-fifths of the Senators duly cho- concise, and uniform guidelines for the reim- sen and sworn not having voted in the bursement to any county or government en- urgent, or unforeseen. Clearly, this is tity affected by a hurricane of the costs of not a sudden, urgent, or unforeseen affirmative, the motion is rejected. The point of order is sustained, and the hurricane debris removal. event. In fact, we have spent over $1.8 AMENDMENT NO. 1118 billion already on interoperability. emergency designation on the amend- (Purpose: To provide for a report describing There are significant dollars in the bill ment falls. The Senator from New Hampshire. changes made to Federal emergency pre- for interoperability. paredness and response policies and prac- The problem with interoperability is, Mr. GREGG. Mr. President, I thought tices in light of the May 20, 2005 DHS In- quite simply, no one can agree on what the motion was on the emergency des- spector General’s Report) the interoperability should be yet. In ignation. The amendment would sur- On page 100, between lines 11 and 12, insert fact, we spent 10 years trying to reach vive that, and we would need a vote on the following: a regime on this. It is called standard the amendment. I ask for a voice vote SEC. 5lll. Not later than 60 days after P25. It has not been reached yet. We on the amendment. the date of enactment of this Act, the Sec- will continue to put money into inter- The PRESIDING OFFICER. The retary of Homeland Security, acting through question is on agreeing to amendment the Under Secretary for Emergency Pre- operability, but this money will be paredness and Response, shall submit to the misallocated and misspent if it is put No. 1217. Committee on Homeland Security and Gov- in at this level. And it would clearly The amendment (No. 1217) was re- ernmental Affairs of the Senate and the add to the deficit by $5 billion. jected. Committee on Transportation and Infra- So I hope people will support the Mr. GREGG. Mr. President, I move to structure of the House of Representatives a budget point of order to make the reconsider the vote and to lay that mo- report describing any changes to Federal point this is not an emergency. Should tion on the table. emergency preparedness and response poli- this point of order be sustained, there cies and practices made as a result of the re- The motion to lay on the table was port of the Inspector General of the Depart- may be another vote. We will have to agreed to. ment of Homeland Security, dated May 20, wait and see what the Senator from Mr. GREGG. Mr. President, we are 2005, relating to the individual and household Michigan wants to do. now proceeding under a prior unani- program of the Federal Emergency Manage- The PRESIDING OFFICER. All time mous consent agreement relative to de- ment Agency in Miami-Dade County, Flor- has expired. The question is on agree- bate on the three amendments dealing ida, in response to Hurricane Frances. ing to the motion to waive. The yeas with mass transit and rail. I hope that AMENDMENT NO. 1137 and nays have been ordered. The clerk Members who have time allocated (Purpose: To allow additional uses for funds will call the roll. under that agreement will come over provided under the law enforcement ter- rorism prevention grants) The legislative clerk called the roll. and begin the debate. Otherwise, I rec- Mr. MCCONNELL. The following Sen- ommend that the time be equally di- On page 78, line 12, strike the period at the ator was necessarily absent: the Sen- end and insert the following: ‘‘: Provided fur- vided in the quorum call between my ther, That funds made available under this ator from Mississippi (Mr. LOTT). hour and the 2 hours on the other side paragraph may be used for overtime costs as- Mr. DURBIN. I announce that the and that the time come off those in the sociated with providing enhanced law en- Senator from Maryland (Ms. MIKULSKI) proper proportion. forcement operations in support of Federal is necessarily absent. I suggest the absence of a quorum. agencies for increased border security and The PRESIDING OFFICER (Mr. MAR- The PRESIDING OFFICER. The border crossing enforcement.’’. TINEZ). Are there any other Senators in clerk will call the roll. Ms. COLLINS. Mr. President, the the Chamber desiring to vote? The legislative clerk proceeded to Collins amendment, No. 1137, would The yeas and nays resulted—yeas 35, call the roll. allow the use of law enforcement ter- nays 63, as follows: Mr. GREGG. Mr. President, I ask rorism prevention funds to be used for [Rollcall Vote No. 183 Leg.] unanimous consent that the order for overtime costs associated with pro- YEAS—35 the quorum call be rescinded. viding law enforcement operations in support of Federal agencies for in- Akaka Feinstein Lincoln The PRESIDING OFFICER. Without Baucus Harkin Murray creased border security and border objection, it is so ordered. Bayh Jeffords Obama crossing enforcement. Biden Johnson Pryor AMENDMENT NOS. 1117, 1118, 1137, 1108, 1197, AND I am pleased to be joined in this Boxer Kennedy Reed 1194, EN BLOC Byrd Kerry Reid amendment by Senator DORGAN. Cantwell Kohl Rockefeller Mr. GREGG. Mr. President, I ask There has been considerable discus- Clinton Landrieu Salazar unanimous consent that amendment sion in recent months on the need to Corzine Lautenberg Sarbanes No. 1117, Senator NELSON; amendment Dayton Leahy improve border security. One way to do Schumer Dodd Levin No. 1118, Senator NELSON; amendment this is to increase the number of Bor- Stabenow Durbin Lieberman No. 1137, Senator COLLINS; amendment der Patrol Agents. But it takes signifi- NAYS—63 No. 1108, Senator LOTT; amendment No. cant time to recruit and train new Fed- 1197, Senator LAUTENBERG; and amend- Alexander Chafee DeWine eral law enforcement agents. A more Allard Chambliss Dole ment No. 1194, Senator NELSON, which immediate way to improve border secu- Allen Coburn Domenici are at the desk, be called up and agreed rity is to activate our existing State, Bennett Cochran Dorgan to en bloc. Bingaman Coleman Ensign local, and tribal law enforcement part- Bond Collins Enzi The PRESIDING OFFICER. Without ners as a back-up force in support of Brownback Conrad Feingold objection, it is so ordered. The amend- Federal border agents. Bunning Cornyn Frist ments are agreed to. This is not a new idea. The Depart- Burns Craig Graham Burr Crapo Grassley The amendments were agreed to as ment of Homeland Security has au- Carper DeMint Gregg follows: thorized this use with different funds

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8255 in the past. Beginning with the last land Security acting through Under Sec- looking to take a vacation, go home for Federal election period up until the retary for Emergency Preparedness shall the holidays, or traveling for business. Presidential inauguration last Janu- propose new inspection guidelines that pro- In fact, our railroad network is so busy ary, Operation Stonegarden permitted hibit inspectors from entering into a con- that every day more people use Am- tract with any individual or entity for whom trak’s Penn Station in New York than reimbursement for State and local law the inspector performs an inspection for pur- enforcement activities that assisted poses of determining eligibility for assist- use all of New York’s major three air- Federal officials in securing the border. ance from the Federal Emergency Manage- ports combined. My own State of Maine participated ment Agency. In 2003, public transportation moved in that operation with a great degree of AMENDMENT NO. 1111, AS MODIFIED over 8.8 billion—almost 9 billion—pas- success. Arthur Cleaves, the Director Mr. GREGG. Mr. President, I send a sengers, according to the national of the Maine Emergency Management modification to the desk of amendment transit database. Since 1995, public transportation ridership in the United Agency, told me that Maine realized No. 1111, on behalf of Senator DORGAN, the Nation’s second highest level of and ask unanimous consent that it be States has grown by over 20 percent— agency participation in Operation agreed to. faster than highway, faster than air Stonegarden with 22 State, county, The PRESIDING OFFICER. Without travel. The American Public Transit local, and tribal agencies involved. objection, the amendment is so modi- Association estimates that more than These dedicated law enforcement pro- fied and agreed to. 14 million people use public transpor- fessionals assisted the Border Patrol The amendment (No. 1111), as modi- tation every weekday. Yet we have Sector in Houlton, ME, with increased fied, was agreed to, as follows: done comparatively little to protect rail travelers and transit travelers patrols, reporting of incidents, and ar- At the appropriate place, insert the fol- rests of significant persons attempting lowing: from terrorist attacks. to enter the United States from Can- SEC. ll. None of the funds appropriated Nowhere is that shortfall more evi- ada. In fact, according to the final re- under this Act may be used to promulgate dent than in the Homeland Security port on the program’s activities in regulations to implement the plan developed appropriations bill we are debating Maine, more than 12 arrests of persons pursuant to section 7209(b) of the 9/11 Com- today. Under this bill, we would pro- on Government watch lists were made mission Implementation Act of 2004 (8 U.S.C. vide a scant 12 cents in security funds by State and local law enforcement in 1185 note) to limit United States citizens to for each time a person boards a bus or a passport as the exclusive document to be Maine. a subway car or an Amtrak train to get presented upon entry into the United States to work—12 cents. Yet what we propose Now, however, the Department pro- from Canada by land. poses to pull the rug out from under spending every time a person gets on AMENDMENT NO. 1113, WITHDRAWN border States by allowing urban area board an airplane is $7.58. Mr. GREGG. Mr. President, I ask grant funds to be used for such border Let me repeat that. Every time one unanimous consent to withdraw security efforts, but not State grant of us gets on a Metro bus in Wash- amendment No. 1113 of the Senator funds. ington or boards a SEPTA train in Wil- This approach makes no sense what- from Hawaii, Mr. AKAKA. mington, DE, or southeastern Pennsyl- The PRESIDING OFFICER. Without soever. And when my staff asked, even vania, the Federal Government is pro- objection, it is so ordered. the Department could not explain the viding 12 cents to protect our safety on Mr. GREGG. I suggest the absence of rationale behind the policy of allowing that railcar or in that transit station. a quorum. Yet every time one of us flies out of interior cities—but not more rural bor- The PRESIDING OFFICER. The der areas—to use Federal funds to part- National Airport, the Federal Govern- clerk will call the roll. ment is spending $7.58—12 cents on the ner with State, local, and tribal law en- The assistant legislative clerk pro- one hand, $7.58 on the other hand. That forcement to protect our borders. ceeded to call the roll. is a whopping disparity. It is one we Partnering with State and local law Mr. CARPER. Mr. President, I ask need to correct. enforcement is a proven and cost effec- unanimous consent that the order for tive way to buttress our Nation’s Fed- During Senate consideration of legis- the quorum call be rescinded. lation to create the Department of eral border security efforts. I urge its The PRESIDING OFFICER. Without adoption. Homeland Security, I, along with sev- objection, it is so ordered. eral of my colleagues, tried to provide AMENDMENT NO. 1108 Mr. CARPER. Mr. President, I am (Purpose: To express the sense of the Senate funds to Amtrak to secure its trains, happy that my colleagues have brought station facilities, and its infrastruc- regarding a study of the potential use of these important amendments to the FM radio signals for an emergency mes- ture, but that language was stripped saging system) floor today to provide the necessary out of the bill during the wee hours of funds to secure our inner-city rail, our On page 100, between lines 11 and 12, insert the night. Some lawmakers were reluc- the following: freight rail, and our transit systems. tant to give Amtrak any additional SEC. 519. It is the sense of the Senate that As someone representing a State, Dela- funds, while others were too focused on the Secretary of Homeland Security should ware, that relishes and relies heavily responding to the last disaster to start conduct a study of the feasibility of on rail travel, this is certainly a major preparing for the next one. leveraging existing FM broadcast radio in- concern to me and those I am privi- frastructure to provide a first alert, Since then, supplying even modest leged to represent. amounts of rail security funding has encrypted, multi-point emergency messaging In the weeks and months after Sep- system for emergency response using proven been a battle. The danger to our rail technology. tember 11, we took unprecedented steps and transit system has been repeatedly to secure our Nation’s airlines, and for AMENDMENT NO. 1197 cited by officials at the Department of (Purpose: To clarify authorization for port good reason. We all know about the Homeland Security. During his con- security grants) added security—baggage checks, pas- firmation hearing as Secretary of the On page 78, line 19 after ‘‘based on’’, insert senger screening—because we have all Department of Homeland Security, ‘‘risk and’’. seen it every time we go to an airport Tom Ridge stated: AMENDMENT NO. 1194 and try to get through an airport onto Amtrak and freight rail are at considerable (Purpose: To require the Under Secretary for our planes. But we have not been as risk to terrorist attack. Emergency Preparedness and Response to diligent when it comes to protecting Secretary Chertoff has also acknowl- proposed new inspection guidelines within our Nation’s railways and transit sys- edged the risk facing our Nation’s rail 90 days of enactment that prohibit inspec- tems, which is alarming given the and transit systems. Likewise, the 9/11 tors from entering into a contract with number of people who travel by rail, Commission concluded that the risk of any individual or entity for whom the in- and it is alarming when we see what attacks on surface transportation is as spector performs an inspection for pur- has happened in Madrid and London in poses of determining eligibility for assist- great or greater than that of any air- ance from the Federal Emergency Manage- the last months and, in fact, last days. craft hijacking. Further, the Govern- ment Agency) Today, nearly 25 million passengers ment Accountability Office has stated: At the appropriate place, insert: ride Amtrak. During the course of the Insufficient funding is the most significant Not later than 90 days after the date of en- year, that equates to about 3.5 billion challenge in making transit systems as safe actment of this Act, the Secretary of Home- rail trips taken annually by people and secure as possible.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8256 CONGRESSIONAL RECORD — SENATE July 14, 2005 Despite these warnings, progress has our transit systems and to the lit- education program that could take pri- been slow, results have been few. The erally, in the course of a year, billions ority over dealing with our homeland Department of Homeland Security has of people who ride transit and who ride security is beyond my comprehension. established no comprehensive approach Amtrak. I do not get it. But obviously we are to rail and transit security. None. None We should be taking a serious look at not prepared to do what I was prepared like we developed for airports in the ways to help railroads, States, cities, to introduce, and did introduce the be- wake of 9/11, that is for sure. and transit agencies do what they can ginning of the week, to add $1.1 billion The Transportation Security Agency, to improve security efforts, such as for rail security, which would have meanwhile, has been working on a na- hiring more police, putting out more brought the total number for rail secu- tional transportation security plan bomb-sniffing dogs with those police, rity up to $1.2 billion, which was in the since 2003, some 2 years. Yet that plan improving ventilation, improving bill we passed last time around which is still not complete. In the wake of the lighting, and establishing escape routes would have provided $670 million to Madrid bombings in Spain last year in tunnels. deal with security in tunnels and the that killed nearly 200 people, several of Amtrak, freight railroads, and local places where cataclysmic events could my colleagues and I sponsored legisla- transit agencies are doing all they can, take place—$65 million, $4 million im- tion to establish rail and transit secu- but the Federal Government, we in mediately to Amtrak to go out and buy rity programs, just as we created an Congress, have not done our share. It is canine patrols, put more cops on, put airport security program after 9/11. time we stand up and take some re- in cameras and detectors, secure the This bill, called the Rail Security Act sponsibility in this as well. We need to, switching stations, and all the things of 2004, was passed unanimously by the and can do so, before the disasters that that lend themselves to providing for a Senate on October 4 last year. Al- struck Madrid and London strike us at catastrophe. The bottom line is I do though the House did not act on this home. not have the votes to get that done. I yield back my time and ask unani- bill, we did succeed in securing $150 So I joined with Senator BYRD, who million in funding for rail and transit mous consent that the time during the has been a leader in this area, in my quorum call be divided equally between security in the fiscal year 2005 Home- sincere hope that $265 million for rail either side. land Security appropriations bill, security in this amendment, which is The PRESIDING OFFICER. Without which is in effect today. However, only objection, it is so ordered. one-fourth of the amount passed in the a year later, the fiscal year 2006 Home- Mr. CARPER. I suggest the absence Rail Security Act of 2004 last October, land Security bill reported out of com- of a quorum. will actually pass. mittee cut that figure by a third, down The PRESIDING OFFICER. The The positive piece is that although it to $100 million for the next fiscal year. clerk will call the roll. does not give us a straight line to deal Last week, more than 50 people were The bill clerk proceeded to call the with the long-term security interests killed, some 700 people were injured roll. of rail, it would give them enough when terrorists bombed the London un- Mr. BIDEN. Mr. President, I ask money and all the money they could derground. It is time that we learn unanimous consent that the order for reasonably spend in 1 year to be able to from these tragedies and develop a the quorum call be rescinded. begin to upgrade our system. long-term, comprehensive approach to The PRESIDING OFFICER. Without The tragedy in London has focused strengthening security of our Nation’s objection, it is so ordered. the Congress and the Nation on rail se- rail and transit infrastructure. We can- Mr. BIDEN. Mr. President, I am told curity again this week, but quite not continue to ignore our transit sys- that the time has been running against frankly I learned from Madrid. I tems or Amtrak or their passengers or the 15 minutes, and I may have less thought Madrid would be a wake-up the need to secure the hazardous mate- than that. But if I run out of time, I call. I thought after Madrid people rial that travels across our freight have been authorized to maybe take as would say: Hey, BIDEN, you are right, lines throughout this country. much as 5 minutes off of Leader REID’s man. We have a real problem with rail. There has been a bipartisan effort to time. Hopefully, I will not get to that We should really do something about increase funding for rail and transit se- point. this. curity. We hear people talking about I rise today to support the Byrd rail Nothing, nothing, nothing happened. increases in the magnitude of hundreds security amendment. I know even Now, our closest ally and friend maybe of millions of dollars, even billions of though the Presiding Officer is new to gives us a different perspective on the dollars. This may sound like a lot of this body he is aware I have been like floor. The Madrid attacks should have money, but keep in mind, this bill in- a broken record for the past 4 years done it, but they did not. Our neg- cludes nearly $4.5 billion for airline se- about rail security. When I look at the ligence to this point has been inexcus- curity. In fact, while Congress has clerk, she probably thinks: Here he able. spent almost $20 billion on aviation se- goes again because I have been talking Many of us have been talking about curity since 9/11, only $400 million has about this so much since 9/11. this for years. The bottom line is that been spent on rail security. Quite frankly, we have an abysmal nearly 4 years after September 11, over In other words, we have spent 50 record, an irresponsible record, dealing 1 year after Madrid, our rail system is times more money on airline security with rail security. For the longest as vulnerable as it was 4 years ago. since 9/11 than we spent on rail and time, we had trouble in 2002, 2003, 2004, I met earlier this week in my office transit security combined. up until 2005, getting any traction. We with the head of Amtrak security and No one is arguing that airline secu- have passed serious rail security bills, all of his attendant folks. I cannot re- rity is not necessary—it is necessary— including Amtrak, in the past under veal publicly everything I learned, but but is the risk 50 times greater to our the leadership of Senator MCCAIN, and it is quite alarming. Let me talk about airlines and to people who fly on our Senator Hollings, who was my a few things I can reveal. Critics argue airlines than to public transportation seatmate for years, who is now gone. that we cannot protect, for example— systems, to the millions of people who The McCain-Hollings-Biden amend- there are 22,000 miles of rail in this ride transit every day and who take ment that was passed called for $1.2 bil- country, and critics say: JOE, you can- inner-city passenger rail across Amer- lion. We even passed a $1.7 billion not protect all 22,000 miles. ica? I would argue that it is not. amendment. The House and the Presi- That is a little bit like saying we We have made some progress secur- dent seem—I do not know what it is. I cannot protect the airlines. We should ing air travel in the wake of 9/11, al- just do not get it. I thought that not have air traffic controllers because though I would argue, and I think most maybe this time around my colleagues we get baggage put in the holds that of us would agree, that there is more in this body would understand that, as are not inspected? Now, is there any- that we can and should do. The amend- my dad, God love him, used to say be- body on the floor saying that? ments we are considering today, fore he died, if everything is equally Right now one gets on a plane and though, call for a similar level of focus important nothing is important. the baggage that is put in the hold is and attention to be brought to the se- There are priorities. How there could not inspected thoroughly like the bag- curity needs of our Nation’s rail and be anything from a tax cut to even an gage that is carried on. But is anyone

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8257 saying we should not spend the money As I said, if you walk over there with go by and you see these tankers—not on TSA to inspect the people going me right now, you will find no real po- containers, tankers; the whole car is through the gates? Of course not. Let lice presence, no fencing, inadequate one unit. You see them go. They are us not make the perfect the enemy of security cameras, all of which anybody about 90 tons. the good. with common sense would say made no A 90-ton chlorine gas tanker, having The fact that we cannot do every- sense. an IED like those that explode in the thing does not mean we do not do any- For some reason, there is an animus streets of Baghdad placed under it on a thing. That has been the mantra with toward Amtrak in Washington. I kind track or under the tanker, exploding in regard to rail. of figured it out, actually. I think a lot a metropolitan area, according to the As I said, the argument is 22,000 of folks here think that it is a back- U.S. Naval Research Laboratory, will miles cannot be protected, but guess door way of funding Amtrak. Other- kill up to 100,000 Americans. Do you what. We can prevent a Madrid or a wise, I can’t understand why you hear me now? One chlorine tanker ex- London-style attack in the United wouldn’t do this, after the billions we ploding in a metropolitan area will kill States. We can make our rail system spend on airlines, as we should. I am 100,000 Americans. And we have trouble much safer and reduce the chance of not talking about Amtrak subsidies getting Homeland Security to come up attack because we understand that the here; I am talking about protecting with a plan to force these kinds of terrorists want spectacular, cata- American lives. tankers to circumvent the population clysmic attacks with large body counts In addition to the 64,000 daily riders areas? Because it costs more money? It in this Nation. Because we know that, on Amtrak, there are 23 locations costs business more to do that. It costs we can narrow our focus to critical where Amtrak facilities, stations and more in the products we will buy. My areas such as stations and tunnels, rails, overlap with transit facilities. In Lord, what are we doing? areas that security experts and com- the Northeast corridor, Maryland Area I might add to my friends in the Con- mon sense, as well as the CIA, tells us Regional Commuter, has 400,000 daily gress, when you leave Union Station are the most vulnerable. commuters that utilize Amtrak— and you head south to Richmond, you When I first did this 4 years ago, peo- 400,000 daily commuters on MARC that go under tunnels. Do you know what ple said, oh, my God; do not point out utilize Amtrak facilities. They walk in the tunnel goes under? Straight under that the Baltimore Tunnel was built in the station, get in a car, and it gets on the Supreme Court and under the 1869, has no ventilation, no lighting, no an Amtrak track. House Office Building. If you explode a escape, no way out. You are going to My friend from Rhode Island can tell chlorine tanker underground, under alert the terrorists. The terrorists me more about the transit systems in that, you implode the Congress, you know this. They know all the Rhode Island, and New York Transit, implode the office building called the vulnerabilities. The problem is the and Long Island Transit, and Con- Supreme Court. American public does not know. So necticut Transit—et cetera. They all If you want to make a statement— there is not enough pressure put on all use Amtrak facilities. again, these are the IEDs, the roadside of us here to make the right decision. Amtrak can only pay a starting sal- bombs that are killing our brave sol- For example, every day over one-half ary of $31,000 to its police officers, and diers every day in up-armored million people pass through New I cannot pay them more than $38,000, humvees. There is no camera to detect York’s Penn Station. This morning no matter how long they have been there were more people sitting in an anybody walking through those tun- there, and they have a 10-percent va- nels. There is no security. And we sit aluminum tube below New York City— cancy rate on the force right now. Most aluminum tube meaning a train car— here like darned fools and say, No, that of these positions are in New York and than in a half dozen full 747 aircraft. costs money. That is going to cost us Washington where they need them Tell me what happens when sarin gas is money. most, but very little anyplace else. As released there. Tell me what happens I understand the procedural restric- I stated, in an amendment I proposed when there are a series of explosions tions will prevent us from considering to add $1.1 billion for rail security, but that far underground. Tell me what that bill today, but I think this is a the Byrd amendment only comes up happens if anything remotely ap- critical issue, one we simply have to with some $240 million right off the proaching a chemical weapon is used. address. I am going to be pushing this bat. We can use it. We can use it des- There is no ventilation. legislation until the cows come home. Riding in New York City today in the perately. It is my understanding the After Madrid and London, we simply tunnels one will see construction going Committee on Commerce and Trans- have run out of excuses not to act. This on, as it should, with these great big portation is going to mark up a com- Byrd amendment does not solve every things that look like jet engines being prehensive rail bill again next week, problem, but it goes a long way toward put up in the ceiling. That is ventila- but we cannot wait for that. We need dealing with the beginning attempt to tion, exhaust. So, if something goes off this $200-plus million right now. The prevent catastrophic damage to Amer- in the tunnel, 2 people or 20 people die, $265 million in the Byrd amendment ican infrastructure and American lives. not 200 or 2,000. will provide urgent funding for Am- We will never be able to stop someone Do you know what the single most trak, including 200 additional police of- placing a bomb on a track somewhere visited facility in all of Washington, ficers, 40 additional canine patrols, and along the 22,000 miles of track we have. DC, is? It is 2 blocks down the street. I improved fencing, lighting, and basic We will only be lucky, one in three or walk to it every night: Union Station. cameras—just basic block-and-tackle one in ten times, with a dog getting More people visit Union Station than equipment that, if we have them, we someone who walks on a train with dy- any other facility in Washington, DC. can save thousands of lives. namite or K–2 strapped to their body or Go down there with me, Mr. Presi- The London bombers were identified carried in their knapsack. dent, and get on a train with me, as I by an expansive system of closed-cir- But to use that as an excuse to do do every night, and stand on the last cuit television in the London Metro. virtually nothing, or to use it as an ex- car as you ride out of the station. They have roughly 6,000 high-quality cuse that this breaks the budget—give Look; tell me if you identify a single cameras there. We don’t have anywhere me a break. We are breaking the budg- camera. Tell me if you identify any near that capacity. We need that ca- et on the inheritance tax. We are barbed wire fencing around the switch- pacity. breaking the budget on an additional ing devices. Tell me whether you see Another area that needs attention is tax break for the superwealthy. We are any security. Tell me whether you see the transportation of hazardous chemi- breaking the budget on so many less any guards. cals. We have already voted this down worthy expenditures than homeland se- There are a half-million people going before but, God, we should rethink curity. through the station at Penn Station, this. The Naval Research Laboratory There is much more to say, but I and do you know how many police offi- was asked what would happen in an at- know my colleagues, over the last 5 cers are on duty at any one time there? tack on a traditional 90-ton chemical years, are tired of hearing me say it. Twelve. There are 12 in New York, 5 in tanker. If you look at a train at a rail- I have a prayer, a literal prayer, that Union Station. road crossing, you see the freight rail I never have the occasion to walk on

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Even if the chairman of the Banking Com- For God’s sake, you guys and women there were not a terrorist threat, the mittee has proposed, and also to under- who are going to vote on this, think idea that we are continuing to have, in score, as I just did in my discussion about it in terms of how will you ex- and out and under the Baltimore har- with the Senator from Delaware, Mr. plain to the American people if some- bor, this antiquated, 150-year-old tun- BIDEN, that I support the Byrd amend- thing tragic and preventable happens nel, without any reasonable upgrade, is ment which is also before us, which en- after having voted against measures mind-boggling. compasses inner-city rail as well as that, if put in place 4 years ago or put Mr. SARBANES. The Senator is ab- transit. The amendment offered by in place now, had a reasonable prospect solutely correct. The infrastructure we Chairman SHELBY deals only with of preventing it? That is a question I are trying to work with is an infra- those items under the jurisdiction of think you have to ask yourself. structure from a previous century. the Banking Committee. I will end where I began, with my That alone needs to be significantly The point I want to underscore is, dad. My dad used to say: improved. this body unanimously passed, last Champ, if everything is equally important Actually, the British are confronting year on October 1, the Public Transpor- to you, nothing is important to you. that problem now. One of their difficul- tation Terrorism Prevention Act of Every hard decision we make is ties is that this deep tunnel, from 2004. That bill authorized $3.5 billion in about priorities. I ask the rhetorical many years ago, access to it is ex- 3 years for the security of our Nation’s question: What priority is higher than tremely limited. mass transportation system, and of the public safety of the American peo- We have to get started. That is what that amount $1.16 billion was scheduled ple in the face of a demonstrable threat it comes down to. We have to get for fiscal year 2006, which would begin that isn’t going away? smart. These amendments, the Byrd to address the critical security needs I yield the floor. I see my friend from amendment and the Shelby amend- that exist in the thousands of public Maryland is on the floor. ment, offer us a chance to take a sig- transportation systems in our country. The PRESIDING OFFICER. The Sen- nificant step in order to enhance our The amendment offered by Chairman ator from Maryland. capabilities. SHELBY seeks to bring the appropria- Mr. SARBANES. Before my distin- I thank the Senator for his very tion in line with the Senate-approved guished colleague from Delaware strong statement. authorized level—approved by the Sen- leaves the floor, I want to commend Mr. BIDEN. If the Senator will yield, ate unanimously, brought out of the him for his perseverance in pressing I compliment the Senator from Mary- Banking Committee unanimously. this issue. This is clearly not the first land. This is not a mutual admiration Clearly, after the tragic attack in Lon- time he has brought this matter to our society, but he has jurisdiction in the don last Thursday, which has now attention. I want to underscore what Banking Committee over surface rail, claimed 52 lives and over 700 injured, he said in closing. Obviously, there is a intracity rail, and he has taken care of we need to fully fund transit security threat, and we need to address this this amendment. I realize he wanted to at the Senate-authorized level. threat. This is the opportunity to do it. reach out further and take Amtrak This body understood the problem Rail, transit—we know they are high into this, but he does not have that ju- last year. We established these author- on the target list. The GAO actually risdiction. ization levels. We now need to provide did a study. One-third of all terrorist Mr. SARBANES. It is not in our com- the appropriations to carry through on events that occurred have involved mittee. the programs that are proposed to en- transit systems around the world. Last Mr. BIDEN. I know. hance transit security. year, in fact, we passed legislation, an Mr. SARBANES. The Amtrak is not In 2002, GAO found that over one- authorization for transit to do $3.5 bil- in our committee. third of terrorist attacks worldwide lion over 3 years—$1.1 billion this year. Mr. BIDEN. That is my point. were against transit systems. Yet the An amendment to come later, Senator Mr. SARBANES. Correct. funding for transit and rail security SHELBY’s amendment, addresses that Mr. BIDEN. But the Senator wanted has been grossly inadequate. Those sys- and tries to provide appropriations at to do it, and he could not jurisdiction- tems have not been able to implement the authorized level. ally do it. That is why I appreciate his necessary security improvements, in- The rail also cries out for an appro- support for the Byrd amendment as cluding those that have been identified priate appropriation, which is con- well. That is the only place we could by the Department of Homeland Secu- tained in the Byrd amendment that is pick up a piece of Amtrak. rity. part of this package we are going to be I see my friend from New York. The Baltimore Sun wrote in an edi- considering here. But the Senator from There are a million people in Penn Sta- torial on Friday: Delaware is absolutely correct. This is tion today—more people, as I said—sit- Since September 11, 2001, the Federal Gov- our chance to provide the resources so ting at rush hour in an aluminum tube ernment has spent $18 billion on aviation se- we can begin to do the obvious things underneath New York City than a half curity. Transit systems, which carry 16 that need to be done. There is a whole dozen full 747s, and we are doing noth- times more passengers daily, have received list of them. Every one of them is com- ing about it. about $250 million. That’s a ridiculous imbal- mon sense. None of them is sort of a I thank the Senator from Maryland. ance. potential waste of money. All the tran- He has done a great job. And I thank I could not agree more. There are ob- sit people, the rail people tell us we Senator SHELBY. I hope we can move it. vious necessities that are needed—se- need to do these things, and if we can Mr. SARBANES. I thank the Sen- curity cameras, radios, training, extra do these things, it would substantially ator. security personnel. Those are not ex- enhance security. Mr. President, how much time do I travagant requests. It wouldn’t guarantee security. We have remaining? Let me give you one example right live in a world where we can’t guar- The PRESIDING OFFICER. The Sen- here in the Washington metropolitan antee security. But it would enhance ator has 7 minutes remaining. area. Washington Metro’s greatest se- it, surely. Mr. SARBANES. I thank the Chair. curity need is a backup control oper- Mr. BIDEN. If the Senator will yield Mr. SCHUMER. Mr. President, I ask ations center. This need was identified for a comment, the Senator, who lives unanimous consent that immediately by the Federal Transit Administration in Baltimore and has commuted to Bal- after Senator SARBANES speaks for his in its initial security assessment then timore every day for the last 20-some 7 minutes that I speak for the 10 that identified again by the Department of years—more than that, from when he I have been allotted. Homeland Security in its subsequent was in the House—he will remember The PRESIDING OFFICER. Without security assessment. This critical need that there was a fire in an automobile objection, it is so ordered. remains unaddressed because it has not tunnel going into Baltimore Inner Har- Mr. SARBANES. I thank the Chair. been funded. We need to pass these bor a couple of years ago. It shut down Mr. President, I will be brief. I want amendments in order to provide the all of Baltimore in the harbor region. to rise again in very strong support of funding.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8259 The same situation exists in transit ple is less of a priority for this Federal again, I would repeat my plea. Sec- systems across the country. We must Government than what might happen retary Chertoff, please retract your re- not make this mistake. We need to put in the air is an appalling statement marks. Apologize to those who use the resources out there so the transit that leaves me aghast. I am asking Mr. mass transit and the rails and let us and rail systems across the Nation can Chertoff immediately to withdraw his agree that the Federal Government has begin to address the serious potential statement and apologize, apologize to a real responsibility to protect the rail targets which exist for terrorist at- those who have lost loved ones and riders of this country from terrorism. tack. apologize to every transit user in New Now, in my remaining time I would I urge my colleagues to support the York and around the country. simply like to address the amend- amendment offered by the chairman of Our responsibility, I would tell the ments. I salute my colleagues from the Banking Committee which deals Secretary, the responsibility of the Alabama and Maryland and Rhode Is- with transit security, and I join with Federal Government is to prevent ter- land for their amendments. We have others in supporting the amendment rorism in the homeland wherever it oc- learned since London and Madrid that that has been offered by Senator BYRD curs—in the air, on the rails, in the transit seems to be the terrorists’ tar- which encompasses not only that secu- water. To simply wash the Federal get of choice. Madrid may have been rity but rail security as well. Government’s hands of responsibility our first wakeup call and London was Mr. President, I yield the floor. at a time when this Government is cut- our second. We ignore it at our peril. The PRESIDING OFFICER. The Sen- ting back on mass transit funding and Mass transit systems are open. They ator from New York is recognized. the localities have very little money is bring in lots of commuters all at once. Mr. SCHUMER. I ask unanimous con- an abdication of responsibility. And they prove to be, unfortunately, a sent, that my colleague from Rhode Is- I know I am speaking in strong tempting target for terrorists. land immediately precede me with his terms, but if Mr. Chertoff professes What is our responsibility? It is not allotted time. these views, then I am not sure he what Mr. Chertoff says. It is, rather, to The PRESIDING OFFICER. Is there should continue as the Secretary of step up to the plate and provide fund- objection? Homeland Security. And as I said, I re- ing as we do in the air. For every air The Senator from Texas. spect him. He is a smart man, he is a passenger, we spend $7 on homeland se- Mr. CORNYN. Mr. President, might I bright man. But I could hardly believe curity. For every rail passenger, we inquire—I do wish to seek recognition it when I read this and when a reporter spend a penny. That is out of whack. on behalf of the manager, but I would asked me about it that it came out of The amendment by Senators SHELBY like to know how long the Senator is his mouth. When I sat down with Mr. and SARBANES, REED, myself, and many expected to speak. Chertoff when he was the nominee, he others moves to address that. Mr. SCHUMER. I have already gotten didn’t voice any of these views. In fact, We need to do so many things in unanimous consent to speak for 10 min- Senator CLINTON and I took a tour with mass transit. I have called my folks in utes. him of Grand Central Station, and he New York. We hope in the longer run Mr. REED. I am informed we have to seemed fully to understand the needs of we can develop detection devices that, go back and forth. I ask to modify the mass transit in terms of homeland se- like smoke detectors, can tell when ex- request that when Senator CORNYN curity. And now we have a 180-degree plosives are brought on a train or in concludes, I would be recognized. about turn? railroad stations, whether on some- The PRESIDING OFFICER. Without I hope and pray that Secretary one’s person or in a knapsack. But objection, it is so ordered. Chertoff misspoke, because every one until we do, their No. 1 need is for ex- Mr. SCHUMER. I thank the Chair. of our citizens on transit—whether in plosive-sniffing dogs. They are des- Mr. President, I am here to address the air, on the water, on rail, or on the perately short. Yet the President’s pro- the various amendments we have on road—is our responsibility to keep safe posal does not allow that to happen. rail security, but I also must speak and prevent terrorism from afflicting There will be a colloquy that urges about something that occurred in the them. that to happen. last few hours related to mass security. If this administration has embarked We are short of transit patrolmen. I Mr. President, I know Secretary on a new policy which says that we will have been told, for instance, on a heav- Chertoff. I was proud to support his protect people in the air but not on the ily populated commuter line there is nomination. I was proud to support his rails and washes its hands of that re- only one police officer who patrols nomination to the Federal bench. He is sponsibility, then they ought to let about 10 stations that handle tens of a smart man, he is a thoughtful man, America know, and they will be facing thousands of commuters every day he is a capable man. But when I read the fight of their life on this floor and over a 30- or 40-mile expansion of com- the statements that he made this in this country. muter rail on Long Island. morning, I was aghast. These are some Here we are, debating amendments to Structure changes are needed to of the most appalling comments that I try to get some more money for home- strengthen subways and tunnels so have heard coming from any Govern- land security on the rails because we that, God forbid, if a terrorist attack ment official in a long time. know we are so short of dollars, and at occurs maybe the structures will with- First, Secretary Chertoff said that the same time we are hearing from the stand it. We need signage and help for the responsibility for transit security Secretary of Homeland Security that the tunnels to have escape routes and must rest with the localities. And then our rails, our commuters don’t need ventilation to minimize loss of life if he said the following: that money. I would like Mr. Chertoff terrorism, God forbid, occurs. ‘‘The truth of the matter is that a fully to go to Grand Central Station or Penn I rise in support of this badly needed loaded plane with jet fuel, a commercial air- Station or to the Atlantic Avenue Sta- amendment. We have neglected mass liner has the capacity to kill 3,000 people,’’ tion in Brooklyn or the Woodlawn Sta- transit when it comes to homeland se- Chertoff told Associated Press reporters and tion in the Bronx and tell the com- curity. We are trying to redress that in editors. muters there that Washington doesn’t a bipartisan amendment. And then he continues: have the responsibility to protect them I also mention, of course, Senator A bomb in a subway car may kill 30 people. from terrorism. Let him face them di- BYRD’s amendment which deals with When you start thinking about your prior- rectly and say that to them. Let him transit and rail, which I will support. ities, you are going to think about making go to them and tell them that it is all Senator GREGG’s amendment, which sure you don’t have the catastrophic thing up to the local governments even takes $200 million out of port security first. though we know we have declared since and adds it to transit and rail, is rob- I would like Mr. Chertoff to ask the 9/11 that the war on terror is largely a bing Peter to pay Paul. people in London if what happened last Federal responsibility. The terrorists look for our weakest week was minor in passing or the peo- So it is really that I rise to speak pressure point and strike there. Rail at ple in Madrid—the chaos, the loss of about this subject with some sadness this point is our weakest pressure life. To say what happens on the sub- because, as I said, I like Mr. Chertoff, I point. We should strengthen it. To take ways because it might only kill 30 peo- have respect for Mr. Chertoff. And, money from ports, where we have not

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8260 CONGRESSIONAL RECORD — SENATE July 14, 2005 done the job, and put it in rail does not Island, TF Green Airport, the major these relative amateurs, what is a make much sense because if we airport in the State, is owned by a more attractive target today? An air- strengthen air security, they will look State corporation. The airlines that fly port with a pronounced police pres- to the rails. If we strengthen rail secu- in and out are private airlines, not ence? rity, they will look to the ports. If we Federal airlines. Yet we have provided As I drive off to TF Green Airport in strengthen port security, they will significant resources—and properly Rhode Island, there are always two or look to the trucks. so—to enhance the security of the air- three police cars parked outside. It is a As the war on terror overseas must line sector in the United States be- modest, medium-sized airport with po- be fought on many fronts, so must the cause of several obvious and compel- lice officers on patrol. When you go war on terror at home. To pick, as Mr. ling reasons. The threat is there. After into a lobby, it is full of TSA personnel Chertoff does, one place where the Fed- 9/11, we would have been derelict if we with screening devices, and you have to eral Government is going to put its ef- did not recognize that. These are key take your shoes off, your coat off, to forts and ignore the others, is not parts of our economy. get through the screening to get on an doing a service to our citizens. There- Oh, by the way, for most of the air- airplane. Also, by the way, since we fore, we must do more to strengthen line systems, the terminals are owned monitor passenger lists, every airline security on the rails. by State and local governments, and has an algorithm to determine whether The best thing we can do to show the the operators are private entities, Nation that Mr. Chertoff’s statement you are subject to special searching. It much like transit facilities. Similarly, happens occasionally to me. Is that was not what America needs is to vote with transit facilities, the threat is for the Shelby-Sarbanes-Reed amend- their target of choice? Or just simply there. After London, we would be dere- getting on the local bus or going into ment and the Byrd amendment, as lict if we did not recognize the poten- well. the local subway today, which is vir- tial for an attack on our transit sys- tually without protection? How much time have I used? tems in the United States and to re- The PRESIDING OFFICER. The Sen- So we really have significant respon- spond before an attack, not after an at- ator has 20 seconds remaining. sibilities in this regard. To suggest tack. That is why we are here today— Mr. SCHUMER. I will take my 20 sec- otherwise is inappropriate. It is wrong. to respond before any attack could onds to yield the floor. I believe we have to support this evolve here in the United States, to re- The PRESIDING OFFICER. The Sen- amendment. We recognize that over ator from Rhode Island. spond effectively at home. Indeed, Federal support of transit has the last several years transit has be- AMENDMENT NO. 1205 been historically a fact of life over the come one of the most significant tar- Mr. REED. Mr. President, I rise in gets for these terrorist groups. support of the amendment proposed by last several decades. Since 1992, we have invested in the order of $68 billion After 9/11, in the Banking Com- Senator SHELBY, Senator SARBANES, in Federal money to construct and im- mittee, as the chairman of the Sub- myself, and Senator SCHUMER to in- prove our transit systems. There has committee on Housing and Transpor- crease the allocation for transit secu- tation, I convened a hearing and we rity to $1.1 billion. Let me put that in been Federal money going to local transit systems for construction and had witnesses. They came forth. They perspective. indicated, first, the lack of prepared- That is roughly 1 week’s operations improvements. And then to argue—ei- ness of our transit system for potential in Afghanistan and Iraq. I believe the ther Mr. Chertoff or others on the attacks by terrorists. Industry experts American people would look at us and floor—it is inconsistent for us to sup- say: If we cannot invest that fraction port these systems with security estimate we would need roughly $6 bil- of money to protect Americans here, money is illogical and unsustainable. lion to bring our transit systems up to how can we so consistently invest that The threat is there. The need is a level of security that we would be money overseas? I think it is essential, there. I believe the responsibility comfortable with. That is one factor. obviously, to protect our forces and our should be here to provide some assist- The other factor is the fact that troops and to make those commit- ance. Again, we could not possibly do those resources are not easily obtained ments in Iraq and Afghanistan. But I all that we must do. There must be co- by local communities. We understand think it is also essential that we pro- operation by State and local govern- the pressures for local transit agencies. tect Americans here at home. That is ments. There has to be. They have re- It is difficult to raise fares. It is dif- the essence of our amendment. sponsibilities to their citizens and the ficult to get increased subsidies in We have 6,000 transit systems in the passengers on these systems also. But State legislatures or local commu- United States. They have 14 million there is a real Federal responsibility, nities. All of that really compromises riders every workday. All these transit one we will recognize today, I hope, by the ability to move dramatically and systems need assistance from the Fed- supporting the Shelby-Sarbanes-Reed aggressively with transit security. eral Government to provide increased amendment. We also asked the General Account- security, to protect Americans here at This is not just a regional issue of ing Office to do an evaluation. Their home. That is the purpose of our one part of the country. Most cities in conclusions were interesting. First, amendment and the purpose of our de- the United States today have some they estimated that a third of the ter- bate today. The purpose of this bill be- transit system. Our largest cities have rorist attacks in the last several years fore the Senate is to provide resources rather elaborate transit systems. have been directed at mass transit. to protect Americans here at home. Miami has light-rail and bus. Las Again, it is a target of opportunity for Like my colleague from New York, Vegas is constructing a monorail with these terrorists. And their conclusion Senator SCHUMER, I was dismayed to private funds to supplement their tran- speaks volumes. In their words: hear of the comments by Secretary sit system. All of these are very attrac- Chertoff today essentially saying there tive targets to terrorists. [I]nsufficient funding is the most signifi- is no Federal support for transit, that There is one other disconcerting fac- cant obstacle agencies face in trying to make their systems more safe and secure. it has to be done by the States. Not tor that is emerging after London. We only do I object to the conclusion, I have to be terribly concerned about Now, in light of that, Senator SAR- question the logic. According to the those al-Qaida operatives, who have BANES and myself have repeatedly press report I heard, Secretary Chertoff been training for years, who have been urged this body to adopt more robust said the U.S. Government, the Federal plotting for years to enter this coun- funding for transportation security. We Government, has to support airlines try, or they may already be here, to have proposed amendments with re- because they are almost exclusively a conduct some type of terrorist attack. spect to supplemental appropriations Federal responsibility, but, by con- But, unfortunately, after London, we bills. We have proposed amendments on trast, U.S. mass transit systems are have to be concerned about another other bills appropriating funds for the largely owned and operated by State category, and that would be the homi- Department of Homeland Security. and local governments. cidal and suicidal amateur, young men And we have offered amendments with Well, I do not know where the Sec- who are influenced by someone else to respect to the National Intelligence retary flies in and out of, but in Rhode go ahead and sacrifice themselves. For Reform Act.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8261 Indeed, the Senate recognized this on mass transit. This is a national together. It is to say that we are going need quite dramatically just last Con- issue. It is one that is connected with to lay all this responsibility on already gress, where, working with the chair- interstate commerce. Most impor- budget-strained State and local govern- man of the committee, Chairman tantly, protecting the American people ments who have not been able to pro- SHELBY, who is, again, leading this is a primary responsibility of Govern- vide the security and say: Come get us. great effort, we were able to pass au- ment. The idea that we would turn our We don’t want to give the emphasis to thorizing legislation that would au- backs on the 228 million riders a year an area where there are many people thorize approximately $3.5 billion over on mass transit in the State of New and where our economy moves back several years to begin to deal with this Jersey and put it at some second-class and forth and through which it func- issue of transit security. The author- level of consideration makes no sense tions. ization recognized our Federal respon- at all. Tens of thousands of riders The principle that we are not going sibilities. And as my colleague, Sen- every day ride the trains in and out of to focus on rail and mass transit pro- ator SARBANES, pointed out previously, New York City from New Jersey, in and tection makes no sense whatsoever. this appropriations bill would be con- out of Philadelphia. The way to stand up to that is to vote sistent with that authorization, which The PRESIDING OFFICER (Mr. for the Shelby amendment, put $1.1 bil- passed this body unanimously on a bi- THUNE). The time of the Senator from lion into mass transit, rail security. I partisan basis. Rhode Island has expired. hope my colleagues will follow that So today we are here simply to do Mr. CORZINE. I support the $1.1 bil- path. what should be obvious to all of us, lion Shelby amendment. I yield the floor. particularly after the dreadful, horrific The PRESIDING OFFICER. Senator Mr. GREGG. Mr. President, what is events in London. People who think it REID has 8 minutes, Senator BYRD has the status of the time? cannot happen here should think again. 12 minutes; Senator SARBANES has 1 The PRESIDING OFFICER. The Sen- People who think this is not our re- minute; Senator SHELBY, 15; and Sen- ator from New Hampshire controls 34 sponsibility should think again. We ator GREGG, 34 minutes. minutes; the Senator from Alabama, 15 have an obligation, a responsibility. We The Senator from New Jersey. minutes; the Senator from Nevada, 4 have already spoken as a Senate last Mr. CORZINE. Mr. President, I ask minutes; the Senator from West Vir- Congress with respect to the authoriza- unanimous consent for up to 8 minutes ginia, 12 minutes. That is the balance tion. Now it is our obligation to put from the time of Senator REID of Ne- of the time. the resources there to the task. The vada. Mr. GREGG. Mr. President, I want to task is improving the security and the The PRESIDING OFFICER. Without review this issue because it is impor- safety of passengers on our transit sys- objection, it is so ordered. tant in the context of London to under- tems throughout this country. Mr. CORZINE. Let me go back to the stand our purpose and how we are pro- I urge all of my colleagues to support start of my comments. I support the ceeding from a policy standpoint to try the Shelby amendment. Shelby amendment of $1.1 billion for to address terrorism. To begin with, we Also, Mr. President, I am supporting mass transit and rail. It is absolutely all know and understand and are all Senator BYRD’s amendment because he, essential that we think of our Nation concerned about the threat to public too, recognizes the need for additional as one, where all aspects that pull us transportation, specifically mass trans- security, not only for transit systems together and provide for the services of portation, in our Nation and in any but also for intercity train systems. I the people of this country are pro- western culture because of what has also recognize that significant need. So tected. We are not dividing up those happened in Madrid and in London and I would hope we could come together who fly on airlines versus those who because the people who have decided to and vote enthusiastically and appro- drive on highways. When Americans pursue this heinous approach of killing priately. are at risk, Americans are at risk. The innocent individuals see this oppor- The irony here, of course, is we all concentration of risk can be different tunity as a soft target, an easy way to recognize—and we all pray this will in different places at different times. I kill indiscriminately. It is hard for never happen—but if there was a ter- suggest anybody who wants to see western cultures to understand that rorist transit incident, we would be on large concentrations of people at any people would do that. Unfortunately, this floor within hours voting for much moment in time come with me to Ho- that is what our enemies do. more than $1.1 billion. If we act today, boken train station. Every workday We as a nation must decide how we promptly and appropriately, we may be you will see literally tens of thousands can best address protecting ourselves. able to avert that situation. I hope we of people transferring from one train It is important not to take the attitude can. track to subway system or bus system. that if we just throw money at this, we Mr. President, I reserve the remain- It is hard for me to conceive, frankly, will solve the problem. That doesn’t der of my time and yield the floor. that we can get ourselves to believe work. What we need to do is address The PRESIDING OFFICER. The Sen- that the only exposure of the American the risk, the threat, and determine ator from New Jersey. citizenry is to air travel. Two hundred what is the best way to respond to that Mr. CORZINE. Mr. President, may I twenty-eight million riders per year in risk and that threat. inquire how much time remains on this New Jersey use mass transit. Many of When we were attacked on 9/11, we side? these congregate in large areas. It is recognized as a nation that the individ- The PRESIDING OFFICER. The time absolutely essential that we enhance uals who seek to harm us are willing to has been divided between nine different our security, and this is what the take what we would consider everyday Senators. Shelby amendment is about. modes of transportation and use those Mr. REED. Mr. President, may I in- I hope my good friend, Secretary modes of transportation as a weapon quire how much time I have remain- Chertoff—and I do consider him a good against us. Those airplanes were used ing? friend and someone for whom I have as missiles. So as a nation, we decided The PRESIDING OFFICER. Thirty great respect—will reconsider the we were not going to allow that to hap- seconds. thought that was expressed today that pen. We have committed vast re- Mr. REED. Mr. President, I would be somehow or another this is a lower pri- sources—no question about it—to mak- happy to yield the 30 seconds to the ority. It certainly is not a lower pri- ing sure that our aircraft are secure Senator, if that is appropriate. ority on the terrorists’ minds. It wasn’t from being used as missiles. Have we The PRESIDING OFFICER. The Sen- in Madrid or Moscow and, unfortu- secured them from being able to be ator from New Jersey is recognized for nately, it was not in London most re- blown up or destroyed in the air? No, 30 seconds. cently. we have not, quite honestly. We have Mr. CORZINE. Mr. President, I rise Not only is this a mistake with re- had test after test that has shown that in support of the Shelby amendment of gard to our homeland security policy, regrettably, even though we have this $1.1 billion. I come even more to ex- but it is like putting a bull’s-eye on a massive structure of the TSA and even press complete frustration with the certain sector of our infrastructure though we have committed literally statements today of Secretary Chertoff where people and the economy come billions of dollars, we are still unable

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8262 CONGRESSIONAL RECORD — SENATE July 14, 2005 to essentially protect aircraft, a high will give people personal confidence. to be the type of folks who are going to percentage of the time, from someone But as the mayor of New York said a potentially attack us. Profiling is a who wishes to bring on that aircraft a couple days ago, a committed profes- necessary element of finding them and destructive weapon such as a bomb. In sional terrorist who is willing to give getting them before they can attack fact, we are having trouble keeping out their life in order to kill other people us. Most of that activity—intelligence individual types of weapons such as is going to be able to attack that train, gathering—does not fall under this bill. knives and guns. The percentage of to attack that bus system. What does fall under this bill is bor- those going through the security sys- How do you address this? The key to der security. That is a big part of this tems has been shown to be, in some in- addressing it is as Secretary Chertoff whole question of how you protect the stances, unreasonably high. has made very clear. It is unfortunate transit systems and everything else in The reason is because a committed that his words have been hyperbolized America. It is not just transit systems; professional terrorist—and that is what so much on the floor of the Senate and this doesn’t stop with transit systems. we are dealing with—has the capacity have been used in a political manner. If you are a terrorist—if you follow the to use weapons systems which can go This is a sincere man who is trying to logic of the Senator from Rhode Is- undetected, going through this massive do a good job. He is just getting started land—you are going to just move on to system that we have set up known as as Secretary. For him to be subjected the next site of soft opportunity, which the TSA. That is something we are try- to politicization in the Senate is not may be a sporting event or a utility ing to address. We are trying to de- constructive to the process of the de- system where they are transmitting velop new technologies. There are new fense of our country from terrorists, power or maybe some other facility technologies emerging which will hope- but he has been, as so often happens where people gather. We are an open society and a massive fully allow us to detect explosives that around here. What he has pointed out democracy. We simply cannot lock our- might go on an aircraft. But as of now, in his review is the way we protect our selves down completely. So that is why our capacity is not overwhelmingly transit systems is to get better intel- the intel exercise is so important. Part good, even though we have spent bil- ligence. It is intelligence that is the of that is securing our borders, which lions of dollars. key. You have to find these people be- What we have been able to accom- is critical. Putting more money into fore they find us. You have to catch securing our borders is what the bill plish is that it will be very difficult for them before they get to our systems, does. Putting more money to making a terrorist to actually take control of and then you deal with them. sure we are able to detect a weapon of an aircraft again and use it as a weap- How do you increase intelligence? mass destruction before it is used on. That was our priority. First, you go to where the breeding against us is what this bill does. Those Now we have seen what has happened ground is for the people who are most are threats we can handle with more in London. The simple fact is, even likely to attack you—Iraq, Afghani- though we spent billions of dollars at dollars. Those are the threats we can stan. Most of the good intelligence we have an immediate impact on with very confined ports of entry—in other are generating today comes from the more dollars—with a lot more dollars. words, an airport is a pretty confined fact that we are in Iraq fighting these This bill moves a lot more dollars into place, pretty easily managed compared terrorists over there rather than fight- these accounts—over $600 million in to other places when it comes to the ing them over here. We are in Afghani- the Border Patrol, and hundreds of mil- movement of people in and out, every- stan finding these terrorists before lions in weapons of mass destruction thing has a fairly focused place—we they can find us. And then we either issues. But to simply throw another have not yet been able to adequately or get intelligence from them there or, if billion dollars on the table because fully secure aircraft from a variety of they are really bad people who are fun- there is a political element behind the potential attacks. It has to be obvious damentally evil, we take them to implications of doing that is not going to anyone who is honest about it that Guantanamo Bay and we lock them up. to resolve the problem. our capacity to fully secure transit in Then, under very strict regimes which In fact, in the end, that will probably New York City, where you have lit- meet all the responsibilities of a civ- aggravate the issue because we will be erally factors of a hundred more people ilized society, we interrogate them and taking scarce resources—which we using aircraft as entering and exiting— find out information, intelligence. have to allocate because we live under the number is something like 10 mil- A large percentage of our intel- a philosophy that we only have so lion people a day use that system. We ligence comes out of Guantanamo Bay. many funds—and putting them into an have tracks that go on continually So you aggressively pursue the intel- account where we cannot, A, use it; or, through populated areas that could be ligence efforts, and that means you ag- B, if we use it, it might be wasted, and where IEDs could be put under the gressively pursue the war in Iraq, in if we use it ineffectively, its impact tracks, where you have innumerable Afghanistan, and you use places such might be at the margin versus if you places where people can jump on and as Guantanamo Bay. move the funds into areas where we get jump off, thousands of different entry In addition, you use our laws effec- a response that produces results, such points—anybody who has any intellec- tively. The PATRIOT Act, which has as in the intelligence area, Border Pa- tual honesty about how we pursue ter- been so aggressively maligned from trol area, weapons of mass destruction rorism must be ready to say: There some of the Members actually offering area. That is why this bill has been set isn’t enough money in the Federal this amendment, is a key element in up the way it has been set up. Treasury to effectively address secur- developing the intelligence necessary So, yes, I don’t deny that we can ing the entire transit system in the to find out through electronic means spend another billion dollars on mass manner which is being proposed in what is up with the people who might transit. I am sure every mass transit these amendments, which is that you want to attack us before they do so. authority in the country will be happy put more police officers on trains, more Some of the same people who want to to replace their local spending with bomb dogs on trains, more detection put a billion dollars into initiatives new Federal dollars, or even add it facilities in the entryways, more elec- which we know cannot significantly onto their spending. But will it dra- tronic surveillance. impact our capacity to secure the tran- matically impact the security of those We wish it could be done, but we sit systems are so resistant to allowing transit systems, other than a visual haven’t been able to do it in the air- the PATRIOT Act to be reauthorized, impact? No. Let’s be honest, it will craft area where we have spent billions, which provides the tools that will give not. and the ability to do it in the transit our people at the FBI and other intel- The only way we are going to secure area is a factor of complication 1,000 ligence sources the capacity to find out transit systems or sports events or times more difficult with which to what these people are doing by elec- other major gathering sites is to find deal. tronic means. these people before they find us. That Thus these dollars which are being And then, of course, there are issues is why the war in Iraq is so important proposed today are not going to dra- like profiling. The simple fact is there and the war in Afghanistan is so impor- matically increase safety. They well are certain people coming from the tant, and that is why maintaining a vi- may have some visual impact, and they Middle East whom we know are going brant facility in Guantanamo where we

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8263 can incarcerate and interrogate these The PRESIDING OFFICER. Without components: No. 1, capital; No. 2, oper- people in an appropriate way, aggres- objection, it is so ordered. ating; and No. 3, research. The money sively, is important. It is why the PA- AMENDMENT NO. 1205 will provide transportation providers TRIOT Act and profiling and border se- Mr. SHELBY. Mr. President, I rise with the ability to provide basic secu- curity are important. today to speak on amendment No. 1205 rity enhancements. With this amend- Those are the priorities on which we on which we will soon be voting. This ment, we can build fences so that in- should be focused. So I have to oppose is an amendment I offered yesterday to truders cannot enter tunnels or plant both amendments by Mr. SHELBY and the Department of Homeland Security bombs by walking up to the tracks. We Mr. BYRD. I respect them both, and I appropriations bill. I am joined by sev- can purchase surveillance equipment in understand where they are coming eral cosponsors, including the ranking and around transportation centers, from. I respect their initiatives to try member on the Banking Committee, which is how the British have been able to do something here. Within the con- Senator SARBANES, and also Senator to find who carried out last week’s at- text of the budget, we have put the REED and many others. tacks. The British, I have been told, money where we think we can most ef- As chairman of the Senate Banking have over 5,000 surveillance cameras, fectively use it, which, as I have out- Committee, which has jurisdiction over and they are working. We have very lined, has been weapons of mass de- transit security, I can tell you that the few. struction, border security, and airlines. committee has a long history of inter- We can provide communications So I will be opposing both of these est in this issue, and many of my col- equipment to help passengers, trans- and making a point of order that they leagues on the Banking Committee portation officials, and first responders will exceed the budget allocation and join me in supporting this amendment. in the event of an emergency. We can exceed our allocation within the Ap- This issue has been on our radar fund fire suppression and decontamina- propriations Committee, and that both screen for some time. In fact, last year, tion equipment and redundant critical amendments would add a billion dol- the Banking Committee reported the operations control systems, such as a lars to the deficit. Public Transportation Terrorism Pre- backup computer system so that one I have, however, listened to my col- vention Act of 2004. The Senate passed well-placed bomb cannot shut down an leagues saying we need more money in it unanimously. This was a thought- entire system. As well, this would fund mass transit. We have offered an fully considered bill, written with sig- emergency response equipment—which amendment which would move $100 nificant input from the industry and could save hundreds of lives in a ter- million out of first responders into terrorism experts alike. The amend- rorist incident—and evacuation im- mass transit. It would mean we would ment I am here to speak on today is provements, such as emergency routes be $50 million above last year’s spend- consistent with that Senate-passed au- or escape route signs. Additionally, the ing in those accounts. If Members wish thorization bill. amendment would provide money to to pursue that course, I hope they will The amendment before us provides train and help deploy canine units vote for that amendment because it is $1.166 billion for public transportation which can contribute immensely to im- a responsible amendment and an af- security. This provides $790 million for proved security. fordable one, done within the context capital improvement grants, $333 mil- The amendment before us also would of the bill, which has a structure built lion for operating grants, and $43 mil- provide funding for transportation around addressing threat first. lion in research. I am the first to admit agencies to carry out drills so they will I reserve the remainder of my time. this is a large sum and that we must be better prepared in case of a terrorist I yield the floor and suggest the ab- balance our spending on public trans- attack. It is one thing to know how the sence of a quorum. portation with other priorities to de- plan works on paper, but quite another The PRESIDING OFFICER. The fend our homeland. I am more than to see how the plan works in practice. clerk will call the roll. willing to work with Chairman GREGG Finally, the amendment also pro- The legislative clerk proceeded to to identify appropriate ways to do vides funding for critically important call the roll. that. research in determining ways of detect- Mr. GREGG. Mr. President, I ask It is difficult for us to predict where ing chemical, biological, or radio- unanimous consent that the order for terrorists will strike next, but in order logical weapons in ways that do not the quorum call be rescinded. to help prevent or mitigate the sever- interfere with the ease of passengers The PRESIDING OFFICER. Without ity of attacks, I believe we need to using transportation systems. This is objection, it is so ordered. focus on transit security and make one of the greatest obstacles toward Mr. GREGG. Mr. President, how are some wise and careful investments in providing better security in typical the quorum calls being charged? this area. To the extent it is possible, commuter transportation environ- The PRESIDING OFFICER. The I think we must guard against what ments. quorum calls are charged to the Sen- the world witnessed last week in Lon- I seriously believe we must provide ator who controls time. don and what we have seen in Spain, resources toward mitigating these se- Mr. GREGG. Mr. President, I am fair- Israel, Japan, South Korea, Russia, and curity threats, and we must do so as ly confident that earlier, at the begin- other countries. soon as possible. ning of this section, I asked that all When the GAO surveyed the trans- As I mentioned yesterday on the quorum calls be charged equally in re- portation security needs of eight trans- floor, as an appropriations sub- lationship to the time allocated. In portation agencies in 2002, the GAO es- committee chairman myself, I can cer- fact, I am absolutely confident that I timated these eight alone will need $700 tainly appreciate the challenge Sen- made that unanimous consent request. million in order to make basic security ator GREGG, the chairman of the sub- However, I will renew that unanimous enhancements. committee, faces as he attempts to ad- consent request at this time. In this Nation, there are 6,000 trans- dress the multitude of security chal- The PRESIDING OFFICER. Without portation agencies. The needs are sig- lenges in this appropriations bill. At- objection, it is so ordered. nificant. Americans are proud of being tempting to find the balance is impor- Mr. GREGG. Mr. President, I ask an open society with many freedoms, tant and, in the end, we could have in- unanimous consent that the time be re- but, unfortunately, it makes us poten- finite resources to spend and still not stored in the context of that request, tially vulnerable. We built many of our be totally protected. We know this. and I suggest the absence of a quorum. subway stations and rail and bus sta- I look forward to working with The PRESIDING OFFICER. Without tions in ways which we now realize in Chairman GREGG and other Members of objection, it is so ordered. a post-9/11 world need some extra rein- the Senate. I commend this amend- The clerk will call the roll. forcement. The funding in this amend- ment to my colleagues and ask for The legislative clerk proceeded to ment provides that first step. It is a their support a little later this after- call the roll. good first start, and that it is a neces- noon. Mr. SHELBY. Mr. President, I ask sity I do not believe is in question. I suggest the absence of a quorum. unanimous consent that the order for The funding made available by this The PRESIDING OFFICER. The the quorum call be rescinded. amendment is broken down into three clerk will call the roll.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8264 CONGRESSIONAL RECORD — SENATE July 14, 2005 The assistant legislative clerk pro- The PRESIDING OFFICER. Without close with. First, he noted that in- ceeded to call the roll. objection, it is so ordered. creased preparedness should focus on Mr. BURNS. Mr. President, I ask AMENDMENT NO. 1218 not only risk and threat, but also con- unanimous consent that the order for Mr. BYRD. Mr. President, I ask unan- sequences. We are all aware of the dev- the quorum call be rescinded. imous consent that Senator DODD be astation that could result from a Lon- The PRESIDING OFFICER. Without added as a cosponsor to my amendment don-style attack on our transit and rail objection, it is so ordered. No. 1218. systems. Mr. BURNS. Mr. President, I rise to The PRESIDING OFFICER. Without Second, he noted in his prepared ma- offer some thoughts on the appropria- objection, it is so ordered. terials that the TSA will continue to tions bill regarding homeland security. Mr. INOUYE. Mr. President, nearly 4 be the lead agency for intermodal Being the shepherd of one Interior bill years have passed since the events of transportation. a couple of weeks ago, I can understand 9/11, yet rail and transit security re- I couldn’t agree with him more, and the problems that arise whenever we main major vulnerabilities. this amendment gives him the nec- start into this business of making the The warning signs cannot be clearer. essary funding to support his renewed appropriations to make our Govern- Public transportation and rail systems focus on rail and transit security. ment work. I congratulate Chairman Mr. BYRD. Mr. President, my amend- are a primary target for terrorist at- GREGG and Senator BYRD and other ment provides an additional $1.3 billion tacks. Last week’s transit bombings in members of the Homeland Security Ap- above the underlying bill for needed se- London follow similar attacks in Ma- propriations Subcommittee because curity funding for our transit systems, drid, Moscow, Tel Aviv, and Seoul, and they have changed direction on this a intercity rail, freight rail, and intra- each attack has produced massive cas- little bit with regard to our borders. city buses for a total of $1.4 billion. ualties, caused broad economic disrup- Every time I go to my home State of The funding levels I am proposing in tion, and generated widespread fear. Montana the borders are talked about. this amendment are based on two bi- We have already been warned twice I know it is probably one of the most partisan rail security authorization publicly by the FBI that al-Qaida may difficult areas over which we are given bills, S. 2273 and S. 2884, which passed be directly targeting U.S. passenger the command to protect. I have said it the Senate last October. before, and I will say it again, we have trains and that their operatives may Public transportation is used nearly to secure our borders. Particularly, we try to destroy key rail bridges and sec- 32 million times every day, 365 days a know about the situation on our south- tions of track to cause derailments. year. Thirty-two million times a day is ern border, but we have always been We know that more than one-third of 16 times more than travel on domestic understaffed and underfunded and over- all worldwide terrorist attacks target airlines. How about that. According to looked on the northern border, even transportation systems, with public the Government Accounting Office, after September 11, 2001. transit the most frequently targeted nearly 6,000 agencies provide transit We are faced with the task of patrol- transportation mode. services through buses, subways, fer- ling the longest stretch of unprotected Despite the significant threat to ries, and light rail service to about 14 international border in the United transit and rail systems and the Sen- million Americans every weekday. Am- States, nearly 550 miles of border in ate’s unanimous approval of the Rail trak, while serving nearly 500 train sta- Montana. We have the same pressures Security Act last year, security fund- tions in 46 States, carried an all-time there from terrorists, drug runners, ing has remained grossly inadequate. record of ridership of 25 million pas- and criminals. They can cross that bor- As a result, our Nation’s transit and sengers in fiscal year 2004. der, enter our country, and do harm to rail systems have been unable to im- Freight rail consists of more than our citizens. plement necessary security improve- 140,000 miles of track over which nearly Make no mistake, we have made ments. 28 million carloads move annually, in- some progress. Again, I congratulate I am pleased to join my colleagues cluding over 9 million trailers and con- the chairman of the subcommittee on this afternoon in supporting an amend- tainers and $1.7 million carloads of haz- this bill. We were able to gain about 500 ment that increases rail security by ardous materials and hazardous waste. new Border Patrol agents along the $265 million in fiscal year 2006. Yes, only 2 cents—get this now, 2 cents. northern border to relieve some facil- This funding level is not fictional. It My colleagues have heard the expres- ity overcrowding earlier this year in a is absolutely justifiable and necessary. sion, ‘‘I want to get my 2 cents’ new appropriation. Meanwhile, how- Of the total amount proposed in our worth.’’ Well, only 2 cents on every ever, we have to look at the numbers. amendment, $65 million would be for transportation security dollar in this Over 500 million people cross our bor- Amtrak security, and Amtrak officials bill—can you believe it? Only 2 cents ders each year, 330 million of whom are have verified they can obligate that on every transportation security dollar not U.S. citizens. Where do these peo- funding amount in fiscal year 2006. ple go? in this bill goes to transit or rail secu- An additional $40 million would be rity. Can you believe that? Two cents. The committee has recognized we can for Amtrak tunnel safety, and Amtrak no longer allow for the gaps in our na- I remember the days of the 2-cent could obligate this funding in fiscal tional security. It has taken the proper snack—my, that was a long time ago— year 2006 for tunnels in New York, Bal- steps to ensure that we have a plan in and the penny postcard. Two cents. Let timore, and the District of Columbia. place to secure our borders. me say that again. Someone may not I congratulate the chairman because Of the total amount provided for by have heard that. Only 2 cents on every these bills are difficult at best. But the amendment, $120 million would be transportation security dollar in this when we start talking about our bor- for passenger and freight rail security bill goes to transit or rail security. The ders, the security of our country, it grants, similar to the funding level au- rest, where does it go? To aviation se- takes on a whole new look. So I want thorized in S. 2273, the Rail Security curity. to thank the managers of this bill for Act of 2004, which the Senate passed When the terrorists blew up trains their work and their recommendations. unanimously last year. last year in Madrid, Spain, the admin- It is too important to ignore any Additionally, $35 million would be istration had no plan, none, for secur- longer. It is my hope we can get this provided for rail security research and ing transit and rail systems. The hor- bill passed with a proper plan in place development. Again, the level is simi- rific bombings a few days ago in Lon- to secure our borders and get it to the lar to the funding that the Senate has don have raised the same question. Are President’s desk. previously approved. we prepared? What do my colleagues I suggest the absence of a quorum. Finally, $5 million would be for a think? Are we prepared? Are we pre- The PRESIDING OFFICER. The Transportation Security Administra- pared? According to the RAND Cor- clerk will call the roll. tion, TSA, rail security risk assess- poration, between 1998 and 2003 there The assistant legislative clerk pro- ment. were approximately 181 terrorist at- ceeded to call the roll. Just yesterday, Secretary Chertoff tacks on rail targets worldwide. Since Mr. BYRD. Mr. President, I ask unan- announced his plan to reorganize the 2001, I have offered seven different imous consent that the order for the Department of Homeland Security. He amendments—think of it, seven dif- quorum call be rescinded. mentioned two points I would like to ferent amendments—to fund rail and

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8265 transit security. What do my col- Mr. BYRD. I yield the floor. Mr. (A) $200,000,000 shall be for port security leagues think of that? What do they President, I suggest the absence of a grants pursuant to the purposes of 46 United think happened? I will give one guess. quorum. States Code 70107(a) through (h), which shall I offered seven amendments to fund The PRESIDING OFFICER. The be awarded based on threat notwithstanding subsection (a), for eligible costs as defined in rail and transit security. All seven clerk will call the roll. subsections (b)(2)–(4); were opposed by this administration, The assistant legislative clerk pro- (B) $5,000,000 shall be for trucking industry and all seven were defeated. ceeded to call the roll. security grants; Well, Robert Bruce, that great Scots- Mr. GREGG. Mr. President, I ask (C) $15,000,000 shall be for intercity bus se- man, was lying in the loft of the barn, unanimous consent that the order for curity grants; and he saw this spider try to throw its the quorum call be rescinded. (D) $195,000,000 shall be for intercity pas- web across the roof on the inside of the The PRESIDING OFFICER. Without senger rail transportation (as defined in sec- barn. He saw that spider try six times, objection, it is so ordered. tion 24102 of title 49, United States Code), freight rail, and transit security grants, in- and the spider failed. But the spider AMENDMENT NO. 1220, AS FURTHER MODIFIED then threw once more, seven times, and cluding grants for electronic surveillance Mr. GREGG. Mr. President, I have a system, explosive canine teams, and over- succeeded. Robert Bruce thought he modification of my amendment No. time during high alert levels; and (E) would try once more. He did, and he 1220 which I send to the desk and ask $50,000,000 shall be for buffer zone protection succeeded. I offered an amendment be accepted. plan grants.’’ seven times that was opposed by the The PRESIDING OFFICER. Is there Mr. GREGG. Mr. President, I now administration. objection to further modification? make a point of order under section While we cannot secure every train, Mr. BYRD. Mr. President, reserving 302(f) of the Congressional Budget Act every station, and every passenger who the right to object, I ask the question that the amendment provided by Sen- uses mass transit or rides on trains respectfully, would the distinguished ator BYRD provides spending in excess from city to city, we can, with the ad- Senator wait momentarily, until we of the subcommittee’s 302(b) alloca- ditional funding I am proposing, imple- can hear from Senator INOUYE? If he tion. ment prudent, commonsense actions to could wait a couple of minutes, may I The PRESIDING OFFICER. The Sen- reduce the risks and consequences of a ask? ator from West Virginia. terrorist attack. Mr. GREGG. Yes. I reserve my re- I ask unanimous consent that I may Mr. BYRD. Mr. President, pursuant quest and make a point of order a to section 904 of the Congressional have an additional 3 minutes. quorum is not present. The PRESIDING OFFICER. Without Budget Act of 1974, I move to waive the The PRESIDING OFFICER. The applicable sections of that act for pur- objection, it is so ordered. clerk will call the roll. Mr. BYRD. I thank the Chair. We poses of the pending amendment. The assistant legislative clerk pro- I ask for the yeas and nays. must harden infrastructure, install in- ceeded to call the roll. trusion and detection systems, and pro- The PRESIDING OFFICER. Is there a Mr. GREGG. Mr. President, I ask sufficient second? There is a sufficient cure cameras, locks, gates, canine unanimous consent that the order for teams, and other tools. second. the quorum call be rescinded. The yeas and nays were ordered. The Gregg amendment provides an The PRESIDING OFFICER. Without Mr. GREGG. I ask all time be yielded increase of only $100 million for rail objection, it is so ordered. back, if the Senator from West Vir- and transit security. That level simply Mr. GREGG. I ask again the modi- ginia is agreeable. will not be enough. It will help some, fication I sent to the desk be accepted. but it would not be enough to help The PRESIDING OFFICER. Without Mr. BYRD. Yes. transit and rail agencies in their ef- objection, it is so ordered. The PRESIDING OFFICER. Without forts to deter a potential attack. For The amendment is as follows: objection, it is so ordered. transit alone the estimate of need is $6 The question is on agreeing to the AMENDMENT NO. 1220, AS FURTHER MODIFIED billion. motion. The yeas and nays have been I am also concerned that the amend- On page 77, line 15, strike ‘‘For grants,’’ down through and including ‘‘tection plan ordered. The clerk will call the roll. ment reduces first responder funds by grants.’’ and on page 79, line 6 insert the fol- The assistant legislative clerk called $100 million. This is a $100 million cut lowing: the roll. on top of the $467 million cut already For grants, contracts, cooperative agree- Mr. MCCONNELL. The following Sen- in the bill. We should not be cutting ments, and other activities, including grants ator is necessarily absent: the Senator funds to equip and train our police and to State and local governments for terrorism from Mississippi (Mr. LOTT). our fire and emergency medical per- prevention activities, notwithstanding any Mr. DURBIN. I announce that the sonnel by 24 percent. other provision of law, $2,694,300,000, which Senator from Maryland (Ms. MIKULSKI) With regard to the Shelby amend- shall be allocated as follows: is necessarily absent. ment, I am concerned that it includes (1) $1,418,000,000 for State and local grants, The PRESIDING OFFICER (Mr. only $100 million for securing rail sys- of which $425,000,000 shall be allocated such that each State and territory shall receive COLEMAN). Is there any Senator in the tems. With 25 million passengers riding the same dollar amount for the State min- Chamber desiring to vote? Amtrak and 1.7 million carloads of haz- imum as was distributed in fiscal year 2005 The yeas and nays resulted—yeas 43, ardous materials being carried on the for formula-based grants: Provided, That the nays 55, as follows: rails, we must do more. We must do balance shall be allocated by the Secretary [Rollcall Vote No. 184 Leg.] of Homeland Security to States, urban areas, more to secure our rail system. My YEAS—43 amendment includes $265 million for or regions based on risks; threats; vulnerabilities; and unmet essential capa- Akaka Feingold Murray rail security. Baucus Feinstein Nelson (FL) Our thoughts, our prayers are with bilities pursuant to Homeland Security Pres- idential Directive 8 (HSPD–8). Bayh Harkin Nelson (NE) Biden Inouye the victims of the London bombing. (2) $400,000,000 for law enforcement ter- Obama The horrific events the world witnessed Bingaman Jeffords Pryor rorism prevention grants, of which Boxer Johnson a few days ago ought to serve as a call Reed $155,000,000 shall be allocated such that each Byrd Kennedy Reid to action, a call to action by this Gov- State and territory shall receive the same Cantwell Kerry Rockefeller Carper Kohl ernment, our Government, to protect dollar amount for the State minimum as was Salazar Clinton Landrieu distributed in fiscal year 2005 for law en- Sarbanes our citizens from future attacks. Corzine Lautenberg forcement terrorism prevention grants: Pro- Schumer It is time to act. I urge all Senators Dayton Leahy to support my amendment. vided, That the balance shall be allocated by Dodd Levin Stabenow I yield the floor. the Secretary to States based on risks; Dorgan Lieberman Wyden Mr. President, I ask unanimous con- threats; vulnerabilities; and unmet essential Durbin Lincoln capabilities pursuant to HSPD–8. sent that Senator SALAZAR be added as (3) $465,000,000 for discretionary transpor- NAYS—55 a cosponsor to my amendment num- tation and infrastructure grants, as deter- Alexander Bond Burr bered 1218. mined by the Secretary, which shall be based Allard Brownback Chafee The PRESIDING OFFICER. Without on risks, threats, and vulnerabilities, of Allen Bunning Chambliss Bennett Burns Coburn objection, it is so ordered. which—

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8266 CONGRESSIONAL RECORD — SENATE July 14, 2005 Cochran Grassley Sessions The clerk will call the roll. The yeas and nays were ordered. Coleman Gregg Shelby Mr. MCCONNELL. The following Sen- The PRESIDING OFFICER. Is all Collins Hagel Smith Conrad Hatch Snowe ator is necessarily absent: the Senator time for debate yielded back? Cornyn Hutchison Specter from Mississippi (Mr. LOTT). Mr. SHELBY. Mr. President, I would Craig Inhofe Stevens Mr. DURBIN. I announce that the like my minute. Crapo Isakson Sununu Senator from Maryland (Ms. MIKULSKI) The PRESIDING OFFICER. The Sen- DeMint Kyl Talent DeWine Lugar is necessarily absent. ator has 1 minute. Thomas Dole Martinez Thune The result was announced—yeas 46, Mr. SHELBY. Mr. President, I realize Domenici McCain Vitter nays 52, as follows: this is a good bit of money. I am a Ensign McConnell Enzi Murkowski Voinovich [Rollcall Vote No. 185 Leg.] member of the Appropriations Com- Frist Roberts Warner YEAS—46 mittee. I serve on the committee with Graham Santorum Alexander DeWine McConnell Senator GREGG. I believe, though, we NOT VOTING—2 Allard Domenici Murkowski have been spending pennies as far as Allen Ensign Roberts Lott Mikulski transit security is concerned—that is Bennett Enzi Santorum subways, buses, and everything else— The PRESIDING OFFICER. On this Bond Frist Sessions as opposed to airline security, which question, the yeas are 43, and nays are Brownback Graham Smith Bunning Grassley both are important. 55. Three-fifths of the Senators duly Snowe Burns Gregg Specter We know what happened last week in Burr Hagel chosen and sworn not having voted in Stevens Chambliss Hatch London. They have over 5,000 cameras the affirmative, the motion is rejected. Sununu Coburn Hutchison for surveillance. It helped them a lot. I Thomas The point of order is sustained. The Cochran Isakson Vitter think we have to ask ourselves, Are we amendment falls. Conrad Kyl going to make that big downpayment The Senator from New Hampshire. Cornyn Lugar Voinovich Warner toward security for our people, the mil- Mr. GREGG. I ask unanimous con- Craig Martinez Crapo McCain lions who ride buses, subways, and sent the next two votes be 10 minutes trains every day? This is the first step in duration. NAYS—52 in that direction. The PRESIDING OFFICER. Without Akaka Dorgan Murray I ask for your support of this amend- objection, it is so ordered. Baucus Durbin Nelson (FL) Bayh Feingold Nelson (NE) ment. Mr. GREGG. I also ask unanimous Biden Feinstein Obama Mr. LAUTENBERG. Mr. President, I consent that prior to the next two Bingaman Harkin Pryor would like to speak about the pending votes there be 2 minutes equally di- Boxer Inhofe Reed Byrd Inouye amendments on rail and transit secu- vided. Reid Cantwell Jeffords Rockefeller rity. One is offered by my colleague The PRESIDING OFFICER. Without Carper Johnson Salazar Chafee Kennedy and friend from Alabama. objection, it is so ordered. Sarbanes Clinton Kerry I know firsthand his breadth of Schumer AMENDMENT NO. 1220, AS MODIFIED Coleman Kohl knowledge and leadership on transpor- Shelby The PRESIDING OFFICER. The next Collins Landrieu tation issues, as we worked together amendment is the Gregg amendment Corzine Lautenberg Stabenow Dayton Leahy Talent for many years as leaders on the Trans- 1220, as modified. DeMint Levin Thune portation Appropriations Sub- Mr. GREGG. Mr. President, this is an Dodd Lieberman Wyden committee. amendment to increase funding in the Dole Lincoln I am confident that his amendment mass transit area by $100 million which NOT VOTING—2 will help address the transit security is done by taking that money out of a Lott Mikulski problem in our country in a necessary different account, specifically the The amendment (No. 1220), as modi- and effective way. State and local first responder account. One amendment is offered by my col- The reason that account was chosen fied, was rejected. Mr. GREGG. I move to reconsider the league from West Virginia, Senator was, as we discussed before, there is vote. BYRD. His amendment goes beyond the over $7 billion of unspent money in Mr. CRAIG. I move to lay that mo- Shelby amendment and includes fund- those accounts. tion on the table. ing for our national freight and pas- To the extent the States have the ca- The motion to lay on the table was senger rail transportation systems as pacity to handle that money, we will agreed to. well. This funding is crucial for the se- make sure they get additional moneys, The PRESIDING OFFICER (Mr. curity needs of Amtrak. but right now they have more money COBURN). The Senator from New Hamp- Each year, the Bush administration than they can handle in those ac- shire. and Amtrak opponents in the Congress counts. AMENDMENT NO. 1205, AS MODIFIED fight to cut funding for Amtrak to pro- This will be within the budget. I hope Mr. GREGG. Mr. President, I raise a vide rail services to 500 stations in 46 Members support this amendment. point of order under section 302(f) of States. AMENDMENT NO. 1205 the Congressional Budget Act that the So as Congress and the administra- Mr. SARBANES. Mr. President, the amendment offered by Senator SHELBY tion bicker, 68,000 daily passengers rely next amendment we will vote on is the provides spending in excess of the sub- on Amtrak using some of its Federal amendment offered by the distin- committee’s 302(b) allocation. transportation operating grant for se- guished chairman of the Banking Com- The PRESIDING OFFICER. The Sen- curity purposes. mittee, Senator SHELBY, which tries to ator from Alabama. My point is that if we don’t fund Am- meet the undertaking this body made Mr. SHELBY. Mr. President, I ask trak’s security needs in this bill, it last year in passing an authorization that amendment No. 1205 be called up. must come out of the transportation for transit security money. That tries The PRESIDING OFFICER. The budget, where resources are limited. to address the problem. This amend- amendment is pending and a point of Last week’s attacks in London—like ment makes some small contribution. I order has been raised against the previous attacks on subway systems in intend to vote no on this amendment. I amendment. Madrid and Moscow—highlighted the hope Members support the Shelby Mr. SHELBY. Mr. President, pursu- importance of securing our entire amendment in due course. ant to section 904 of the Congressional transportation system—and especially The PRESIDING OFFICER. The Budget Act of 1974, I move to waive the public transit. question is on agreeing to the Gregg applicable sections of that act for the Since 9/11 we have made huge strides amendment 1220, as modified. purposes of the pending amendment in the aviation sector. But the words of Mr. GREGG. I ask for the yeas and and ask for the yeas and nays. the 9/11 Commission still haunt us: nays. The PRESIDING OFFICER. Is there a RAIL AND PORT SECURITY—THE NEXT THREAT The PRESIDING OFFICER. Is there a sufficient second? Over 90 percent of the Nation’s $5.3 billion sufficient second? There appears to be a sufficient sec- annual investment in the TSA goes to avia- There is a sufficient second. ond. tion—to fight the last war . . .

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8267 Opportunities to do harm are as great, or The amendment would provide $790 posal, nearly 90 percent of Federal greater, in maritime or surface transpor- million for public transportation agen- transportation security funds have tation.—9/11 Commission Report, p. 391. cies for capital security improvements, been directed to aviation security. When are we going to start seriously $333 million for operational security While I don’t want to take away from taking the notion that we must secure improvements, and $43 million for the importance of aviation security our homeland from terrorist attack? grants to public or private entities to improvements, this amendment at- Every day, more than a half a million conduct research on terrorist preven- tempts to diminish that inequity. riders in New Jersey get on a bus. An- tion technologies. This money would be In this bill before us, the committee other 340,000 board an Amtrak or com- doled out to agencies based on risk. proposes only $100 million for intercity muter train, and another 30,000 a light The amendment seeks the funding passenger rail transportation, freight rail car. That is a total of 870,000 peo- needed to fund a bill passed by the Sen- rail, and transit security grants. This ple—as many as the total populations ate in 2004 known as the Public Trans- is one-third less than we appropriated of States served by some of our col- portation Terrorism Prevention Act. last year and hundreds of millions less leagues. After the London bombing last week, than the Senate has authorized for These citizens depend on public tran- we became acutely aware of how vul- these programs over the years. sit to get to their jobs, to school, and nerable our transit systems are in this While the distinguished Senator from to visit family and friends. And they country, although some of us have been New Hampshire, chairman of the are depending on us to protect our rail concerned about these problems for Homeland Security Appropriations and transit systems from terrorists. years. Rail and transit systems move people Subcommittee, will offer an amend- Since the London bombing, transit efficiently because they are open sys- ment to boost this funding by an addi- systems across the Nation have been tems, but unfortunately that also tional $100 million, there are two upgraded to an Orange Alert level, makes them vulnerable to an attack. things wrong with this approach. One, The State Department reports that meaning more canine patrols, deploy- he takes it away from State and local from 1991 to 1998 violent attacks world- ment of explosive detection devices, in- grants. And two, $100 million is not wide against transportation targets creased security guard patrols, and in- enough, given the risks. went from 20 percent of all those at- creased customer assistance. A signifi- He will talk about the need for fiscal tacks to 40 percent. And a growing cant amount of this has been borne by discipline; he will talk about this number of these are directed at bus and State and local governments. amendment and other important rail rail systems. I was disappointed today to hear security amendments as busting the Securing our country will take re- about Homeland Security Secretary budget, but it is a question of prior- sources. For every week that we are on Michael Chertoffs remarks that State ities. We are busting the budget every orange alert, one New Jersey public and local governments should bear day for the priorities of tax cuts and transit operator is forced to spend an much of the burden of protecting tran- funding the war in Iraq. extra $100,000. That is on top of a secu- sit systems. A bomb in a subway, he Transit operators must take effective rity budget that has doubled since 9/11. says, may kill 30 people, while a fully steps to reduce the risk of terrorist at- As I said earlier, Amtrak spends tens loaded airplane may kill 3,000 people. tack. And they need help to do it. of millions of dollars of its Department This argument is misleading. A well- State and local governments are in- of Transportation operating grant on orchestrated, multipronged attack on vesting their own time and money, and security. This funding will upgrade sta- one of Metra’s largest trains, which the Federal Government should re- tions and other critical facilities and carry up to 1,600 passengers or the spond. will improve security operations of equivalent of three fully loaded Boeing We should not wait for terrorists to transit systems. It will also help train 747 aircraft, could produce a similar attack a U.S. transit system to react. our frontline employees. body count. We need to take action now. A report by the Mineta Transpor- I am sure the families of the 50 vic- The PRESIDING OFFICER. The Sen- tation Institute found after studying tims of the London attacks don’t think ator from New Hampshire. the events of 9/11 that prompt action the lives of their loved ones were any Mr. GREGG. Mr. President, we have by frontline employees can save lives. less important than those of people had substantial debate on the sub- It goes on to say that ‘‘Transportation who have been killed on airplanes. stance of this amendment, the fact employees are also first responders, so Transit systems are an accident that the $1 billion probably will not they require training and empower- waiting to happen. They are a vulner- impact dramatically the security situ- ment.’’ ability we have ignored for far too ation. It might actually misallocate Transit operators must take effective long, and the terrorists know it. funds that could otherwise be used for steps to reduce the risk of terrorist at- The Federal Government has a re- intelligence and for Border Patrol tack. And they need the resources to sponsibility to protect trains as well as agents and for other activities that are do it. airplanes, for the public good, and it so critical and that are threat-ori- In addition to the commuters who needs to take responsibility. ented. rely on transit systems daily, senior For CTA, this increased security is But the practical bottom line is this citizens, students an disabled persons costing an estimated extra $60,000 a amendment is $1 billion over the budg- are especially reliant on transit. For day, on top of an already massive in- et and will add to the deficit by $1 bil- many, it is their only way to get to crease in security spending borne since lion, if it is adopted. I urge that the medical appointments, school and September 11. motion to waive be defeated. other important destinations. Metra has diverted millions of dol- The PRESIDING OFFICER. All time We can’t afford to wait until there is lars in funds for police overtime pay, has expired. a major terrorist attack on a U.S. tran- extra outside security police, and The question is on agreeing to the sit system. We must act now. Let’s do bomb-sniffing dogs. motion to waive. The yeas and nays what our responsibilities demand of us Our rail system covers approximately have been ordered. The clerk will call and protect our citizens when they 16,000 acres, carrying 500 freight and 700 the roll. travel as well as when they are at commuter trains each day. More than 2 The assistant legislative clerk called home, at work or at school. million passengers travel to or from the roll. Mr. DURBIN. Mr. President, I rise Chicago on Amtrak, and Chicago’s Mr. MCCONNELL. The following Sen- today in support of the Shelby-Sar- transit systems take 73 million local ator was necessarily absent: the Sen- banes transit amendment. This amend- passenger trips a year. These people ator from Mississippi (Mr. LOTT). ment increases transit security funding and this cargo needs to be secure. Mr. DURBIN. I announce that the by $1.1 billion. It is endorsed by both Despite these facts, and other im- Senator from Maryland (Ms. MIKULSKI) the Chicago Transit Authority and pressive statistics from New York, New is necessarily absent. Metra, the commuter rail agency serv- Jersey, California, and elsewhere where The PRESIDING OFFICER (Mr. ing Chicago and all of northeastern Il- rail and transit systems are relied on CHAFEE). Are there any other Senators linois. heavily, in the President’s budget pro- in the Chamber desiring to vote?

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8268 CONGRESSIONAL RECORD — SENATE July 14, 2005 The yeas and nays resulted—yeas 53, SEC. lll tion shall be permitted to hold a security nays 45, as follows: Any federal officeholder who makes ref- clearance for access to such information. [Rollcall Vote No. 186 Leg.] erences to a classified Federal Bureau of In- Mr. REID. Mr. President, I ask that vestigation report on the floor of the United YEAS—53 my leader time be used now. States Senate, or any federal officeholder Akaka Dole Lincoln that makes a statement based on a FBI The PRESIDING OFFICER. Without Baucus Dorgan Murray agent’s comments which is used as propa- objection, it is so ordered. Bayh Durbin Nelson (FL) ganda by terrorist organizations thereby Mr. REID. Mr. President, I want ev- Bennett Feingold Nelson (NE) putting our servicemen and women at risk, eryone here today to be clear on what Biden Feinstein Obama shall not be permitted access to such infor- Bingaman Harkin Pryor we are talking about. You can call it Boxer Hatch Reed mation or to hold a security clearance for politics; I call it government. I call it Byrd Inouye Reid access to such information. good government. We are talking about Cantwell Jeffords Rockefeller Carper Johnson Mr. FRIST. Mr. President, I ask a matter of national security. At least Salazar Chafee Kennedy unanimous consent that there now be one—there could be more—at least one Sarbanes Clinton Kerry 90 minutes equally divided between the senior White House official disclosed Coleman Kohl Schumer Conrad Landrieu Shelby two leaders or their designees to be the identity of a CIA intelligence offi- Corzine Lautenberg Specter used concurrently on the pending cer to a reporter or reporters, and then Dayton Leahy Stabenow amendment and No. 1222; further, that this administration proceeded to deny DeWine Levin Talent following the use or yielding back of and deflect the truth after it was dis- Dodd Lieberman Wyden that time, the Senate proceed to a vote covered it had been leaked. It put this NAYS—45 in relation to the pending Frist amend- agent’s life in jeopardy. I repeat, it put Alexander DeMint McCain ment, to be followed immediately by a this agent’s life in jeopardy, plus peo- Allard Domenici McConnell vote on the Reid amendment No. 1222, ple she had dealt with from other coun- Allen Ensign Murkowski Bond Enzi Roberts and there be no second-degree amend- tries and here in America. It put our Brownback Frist Santorum ments in order to either amendments intelligence community at risk and, of Bunning Graham Sessions prior to the votes. course, jeopardized our national secu- Burns Grassley Smith Burr Gregg Snowe The PRESIDING OFFICER. Without rity. Chambliss Hagel Stevens objection, it is so ordered. Even the President’s father, my Coburn Hutchison Sununu Mr. FRIST. Mr. President, briefly, friend, President George Bush, a Cochran Inhofe Thomas with the three votes we just completed former Director of the Central Intel- Collins Isakson Thune Cornyn Kyl Vitter relating to mass transit, we are on a ligence Agency, recognizes the serious- Craig Lugar Voinovich good glidepath toward finishing to- ness of this offense. He said: Crapo Martinez Warner night. I should say we were on a good I have nothing but contempt and anger for NOT VOTING—2 glidepath for finishing tonight. The those who betray the trust by exposing the Lott Mikulski chairman and ranking member of the name of our sources. They are, in my view, the most insidious of traitors. The PRESIDING OFFICER. On this Homeland Security subcommittee have vote, the yeas are 53, the nays are 45. cleared a large number of amendments, Whoever did this, according to Three-fifths of the Senators duly cho- and it does appear we will be able to George Bush, the first Bush President, sen and sworn not having voted in the finish tonight. would be an insidious traitor. affirmative, the motion is rejected. Having said that, I am very dis- But instead of dealing with the prob- Mr. REID. Mr. President, I move to appointed that we now have pending lem, this administration, this White reconsider the vote. before us what is purely a political House, and the majority in the Senate Mr. FRIST. I move to lay that mo- amendment on which we will be spend- want to divert attention from this tion on the table. ing the next 90 minutes, plus the votes. breach of national security. Unfortu- The motion to lay on the table was We have been working in very good nately, it is a pattern we are all too fa- agreed to. faith on a bill that funds important miliar with from this White House. Mr. FRIST. Mr. President, I suggest priorities to this country, to our home- When they are on the ropes, they at- the absence of a quorum. land security, and that has been the tack. If you do not believe me, you The PRESIDING OFFICER. The focus. We have done very well staying need look no further than yesterday’s clerk will call the roll. focused on this bill until the Demo- Washington Post, July 13, 2005, which The legislative clerk proceeded to cratic, really political, amendment was detailed the Republican strategy for call the roll. offered. this affair: Mr. FRIST. Mr. President, I ask The pending amendment offered by The emerging GOP strategy—devised by— unanimous consent that the order for the Democratic leader has nothing to the quorum call be rescinded. RNC chair The PRESIDING OFFICER. Without do with funding of our national secu- [Ken Mehlman] and other Rove loyalists objection, it is so ordered. rity. I am disappointed because it is outside the White House—is to try to under- Mr. FRIST. Mr. President, I ask that going to slow down the underlying mine those Democrats calling for Rove’s the pending amendments be set aside. process on the bill. ouster, play down Rove’s role and wait for The PRESIDING OFFICER. Without We will be spending the next 90 min- President Bush’s forthcoming Supreme objection, it is so ordered. utes on these two amendments, then Court selections to drown out the con- followed by two votes. Hopefully after troversy, according to several high-level Re- AMENDMENT NO. 1223 publicans. Mr. FRIST. Mr. President, I now send that we will put politics aside and at- This is what is known as a coverup. an amendment to the desk, and I ask tend to the Nation’s business. This is an abuse of power. This is a di- for its consideration. Mr. President, I yield the floor. The PRESIDING OFFICER. The The PRESIDING OFFICER. The mi- version from what we should be dealing clerk will report. nority leader. with in the Senate. No interest in coming clean and The legislative clerk read as follows: AMENDMENT NO. 1222 being honest with the American people. The Senator from Tennessee [Mr. FRIST] Mr. REID. Mr. President, I ask that This afternoon, the majority is bring- proposes an amendment numbered 1223. my amendment be read. ing this strategy to the Senate floor. Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. The Mehlman’s strategy is being brought unanimous consent that the reading of clerk will report. right here, but the American people the amendment be dispensed with. The legislative clerk read as follows: can see right through this. The PRESIDING OFFICER. Without At the appropriate place, insert the fol- objection, it is so ordered. This morning, the Wall Street Jour- lowing: nal, not a bastion of liberality, had a The amendment is as follows: SEC. ll. No Federal employee who dis- (Purpose: To protect classified information closes, or has disclosed, classified informa- poll which said only 41 percent of and to protect our servicemen and women) tion, including the identity of a covert agent Americans believe the President is At the appropriate place insert the fol- of the Central Intelligence Agency, to a per- being honest and straightforward. That lowing: son not authorized to receive such informa- is from the Wall Street Journal this

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8269 morning, which confirms and under- with homeland security, which is a $32 the fact that classified information has lines what I have said that this is a billion bill. In the past couple of weeks been revealed—and, again, I think we coverup. It is an abuse of power. It is we passed an energy bill, a highway have to answer this question of intent diversionary. bill, and a trade agreement. We have a or not, but I would hope that my col- It is time to quit playing partisan consultation process going on now for a leagues would look at this and say, yes, politics with our national security. It Supreme Court appointment that I we mean to include public officials. is time for the White House to come think is going fairly well. There has And if we do include public officials, clean. It is time to address the pressing been a pretty good atmosphere in this there is some other construction lan- issues facing this country. This second- body. My concern is that the oxygen is guage we would have to deal with be- degree amendment—and I have been in being sucked out of that good atmos- cause public officials do not nec- the Congress more than two decades— phere as we get involved in partisan po- essarily have clearances, but we have is about as juvenile and as mudslinging litical attacks. access to classified information. So we as I have seen. We are here to protect The circumstances that have moti- would have to work on it. the country. We are here with a bill vated this statute are ones that are I know my colleague from Kansas that deals with homeland security. We being reviewed right now by special would like to speak. are here to talk about issues such as counsel. That is the way it should be. Mr. MCCONNELL. Will the Senator leaking information about our CIA We have somebody, the President, who from Minnesota yield for a question? agents. Is that not part of our national says he has confidence in that special Mr. COLEMAN. Absolutely. security? I certainly hope so. counsel, and it seems that rather than Mr. MCCONNELL. Did I understand We have pressing issues facing this play partisan political games that we the Senator from Minnesota correctly country. The reason the American peo- should let the special counsel do his that he was posing two questions to the ple have lost faith in this administra- work; that we should cool the rhetoric proponents of the Reid amendment, No. tion is because we are not dealing with and we should focus on the business of 1, whether intent was left out of the the problems they care about: 45 mil- the people, which I think we have been amendment on purpose, and No. 2, lion Americans with no health insur- doing, which is a good thing. whether it covered Members of Con- ance, millions of others underinsured; I would really love to ask my col- gress? our educational system is wanting; K– leagues on the other side of the aisle I was wondering if anyone on the 12 have big problems; our public edu- some questions about the statute. other side was prepared to answer the cational system is under attack. With There is a reason we do things through questions of the Senator from Min- college education today it is how much committee and we review them. Per- nesota. money one has as to where they can go haps one of my colleagues on the other Mr. COLEMAN. Those questions that to school and when they can go to side would yield to a question. There is my colleague from Kentucky has raised school. It is how much money their an existing Federal law that makes it a are what we would like some answers parents have. Only half of American crime to reveal the identity of agents. to. Are we intending to cover public of- workers today have pensions, and more There are some very specific intent ficials, U.S. Senators, by the provisions than half of those pensions are in dis- provisions in that statute. The law of this amendment, and do we in- tress. states that for a violation to occur, a clude—— People are worrying—just like those Government official must have delib- Mr. REID. Absolutely, yes. people who worked all of those valiant erately identified a covert agent. Mr. COLEMAN. If that is the case, I years at United Airlines—are they As I read this statute, I am not sure suggest then we perhaps take a few going to lose their pensions? Are they whether there is an intent require- minutes to work out the language be- going to be cut? Are they going to be ment. The criminal statute requires cause there may be some technical whacked? that they must have known the agent problems with definitions of Federal This administration is obstructing was undercover and that the Govern- employees. The language in the statute progress. The American people deserve ment was trying to keep that agent’s talks about receiving security clear- more. The Republicans should stop identity a secret. That is the criminal ances for access to information. We do playing games, come clean, and work law. not necessarily have security clear- on issues to help this country. As I read this statute, I do not see What we have today, with this little ances, but we do have access, so there any indication of intent. So when the second-degree amendment, is a diver- may be some technical provisions. amendment says ‘‘no Federal employee sion. It is an abuse of power, and it is I am very pleased if in fact my col- who discloses, or has disclosed informa- a coverup. leagues on the other side intend to in- The PRESIDING OFFICER. Who tion,’’ does that mean intentionally clude public officials. We might want yields time? disclose? Does that mean unintention- to clean this up before we finalize it. The Senator from Kentucky. ally disclosed? Are we mirroring the The other question I have is, is there Mr. MCCONNELL. Mr. President, if I criminal provisions to then apply them an intent element in this statute? Is it may, I noticed the Democratic leader to a security clearance? I am not sure, intentionally disclosing or uninten- had his amendment read. I would like and I would hope that on the time of tionally disclosing? Is it negligently, is to ask that the Frist amendment be my colleagues on the other side they it mistakingly, or is there the specific read, and then Senator COLEMAN will will respond to those questions. If we kind of intent one usually needs to be ready to address the Senate. went through the normal committee have in statutes of this kind? The PRESIDING OFFICER. The process, I think those are the kinds of How much time remains? clerk will read the amendment. questions we would sort out. The PRESIDING OFFICER. There is The legislative clerk read as follows: As I look at the amendment, it talks 391⁄2 minutes remaining. At the appropriate place, insert the fol- about ‘‘no Federal employee.’’ Does Who yields time? lowing: Section. Any Federal officeholder that mean public official? I would hope Mr. REID. I yield 6 minutes to the who makes reference to a classified Federal my colleagues on the other side of the Senator from Michigan. Bureau of Investigation report on the floor aisle would agree that this amendment The PRESIDING OFFICER. The Sen- of the United States Senate, or any federal should cover public officials. It should ator from Michigan is recognized. officeholder that makes a statement based cover us. Is the intent of my colleagues Mr. LEVIN. Mr. President, Newsweek on a FBI agent’s comments which is used as propaganda by terrorist organizations there- to specifically preclude Senators from magazine reported that on July 11, by putting our servicemen and women at losing their access to classified infor- 2003, a correspondent for Time maga- risk, shall not be permitted access to such mation? I think that is the intent. zine, Matt Cooper, sent an e-mail to his information or to hold security clearance for If one goes back and looks at defini- bureau chief, Michael Duffy: Subject, access to such information. tions of Federal employees, that is the Rove P&C, and that means for personal The PRESIDING OFFICER. The Sen- conclusion one would come to. If one and confidential. The e-mail said: ator from Minnesota. comes to that conclusion, I think that Spoke to Rove on double supersecret Mr. COLEMAN. Mr. President, we is a pretty poor conclusion. If we are background for about 2 minutes before have had a very productive day dealing going to talk about being outraged by he went on vacation.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8270 CONGRESSIONAL RECORD — SENATE July 14, 2005 According to Newsweek, Cooper Now, if someone does it inten- standard is knowingly, willfully, or wrote that Karl Rove offered him a big tionally, and if that can be proven be- negligently. Is that the standard that warning not to get too far out on Joe yond a reasonable doubt, beyond that, is intended by this statute? Or is this Wilson. Cooper’s e-mail said the fol- then they have committed a crime. So amendment changing that standard? lowing: that it was, Karl Rove said, that is the answer to the question of Mr. LEVIN. The amendment speaks Wilson’s wife who apparently works at my friend from Minnesota or the ques- for itself. If you identify a covert CIA the Agency—and that is referring tion of the Senator from Kentucky as agent, and you have a security clear- clearly, by the other part of the e-mail, to whether specific intent is required. ance, and the person to whom you iden- to CIA—on WMD, weapons of mass de- It is not. tify that covert CIA agent does not struction, issues, who authorized the In the criminal statute, it is, but we have the right to receive that informa- trip, referring to Joe Wilson’s trip. say the disclosure of the identity of a tion, you lose your clearance. Period. I According to the Newsweek report, covert CIA employee is sufficient to think it is pretty clear. Ambassador Wilson’s wife is Valerie lose one’s security clearance. The PRESIDING OFFICER. The Sen- Plame. Then Cooper finished his e-mail Let us be clear as to what this e-mail ator from Alabama. by writing: Please do not source this to said. There was no doubt that Mr. Mr. SESSIONS. Mr. President, who Rove or even White House—and sug- Rove, at least according to the e-mail, has the floor? gested that another reporter check knew that the wife of Joe Wilson was a Mr. LEVIN. I yield the floor. with the CIA. CIA employee because she was so iden- The PRESIDING OFFICER. The Sen- Then in October of 2003, White House tified as a CIA employee. So there is no ator from Minnesota has the floor. spokesman Scott McClellan was asked question in the fact situation which Mr. COLEMAN. How much time do whether Karl Rove was involved in the has brought this matter to such dra- we have left, Mr. President? leak. These were the questions and an- matic light that the facts are there to The PRESIDING OFFICER. There is swers: provide this basis that there was, in- 381⁄2 minutes. Question: Scott, earlier this week deed, knowledge. But, to answer the Mr. COLEMAN. Is that on both you told us that neither Karl Rove nor question, there is no specific intent amendments? two other named persons disclosed any which is required. The PRESIDING OFFICER. On both classified information with regard to I wonder if the leader will yield 2 ad- amendments. the leak. I am wondering if you could ditional minutes? Mr. COLEMAN. To be split between tell us more specifically whether any Mr. REID. I am happy to do that. both sides? of them told any reporter that Valerie Mr. LEVIN. Mr. President, the Presi- The PRESIDING OFFICER. There is Plame worked for the CIA? dent has his responsibility. The Presi- 38 minutes for the majority on two Mr. McClellan: Those individuals, dent has said he knows Karl Rove was amendments. now referring to including Rove, I not involved. Now there is clear infor- Mr. COLEMAN. Thank you, Mr. spoke with those individuals, as I mation that Karl Rove identified a CIA President. I yield to the Senator from pointed out, and those individuals as- employee to a reporter who had no Alabama such time as he needs. sured me they were not involved in right to that information. Now what? Mr. SESSIONS. Mr. President, I am this. very disappointed that we would have Question of McClellan: So none of Now that the President does know Mr. such an amendment offered at this them told any reporter that Valerie Rove is involved, now what? time in our American process of pass- Plame worked for the CIA? That is up to the President. That is Mr. McClellan: They assured me they the President’s responsibility; how he ing a Homeland Security bill. Karl Rove has served this country ex- were not involved in this. exercises it is his judgment. He will ex- Then comes the bombshell, the con- ercise it as he sees fit, now that he ceedingly well. One reason people do temporaneous e-mail which indicated knows Mr. Rove was involved. not want to involve themselves in pub- that as a matter of fact Mr. Rove indi- We can all give him suggestions, and lic service is they go out and try to do cated to Mr. Cooper that Joe Wilson’s we have, that he ought to exercise that something and somebody accuses them wife apparently worked at the CIA on responsibility by addressing the issue. of a crime. He had no intent whatso- weapons of mass destruction issues. Now that you know there was this in- ever to do anything wrong, to violate It is not good enough to parse words volvement, now what? any law or out any undercover agent. on a matter that is this serious. It is But we have a responsibility. We And if the reports in the paper are so, not good enough to say, as both Mr. have a responsibility in Congress to and I assume they are, those are the Rove and his lawyer have said, well, make sure there is no ambiguity in the facts. there was no reference to a specific law, there is no hair splitting, no legal Victoria Toensing, the former Assist- name. loopholes, no question about—well, ant Attorney General of the United On July 3, Mr. Rove’s lawyer said his wait a minute, I didn’t name a name, I States, was quoted this morning on tel- client did not disclose the identity of only named an identity. No higher evision. I happened to catch it. She is the CIA person. A little over a week standard of proof is required by crimi- a skilled lawyer and articulate person. later, after the release of the Cooper e- nal law beyond a reasonable doubt. You Asked: Was this statement that alleg- mail, Mr. Rove’s lawyer parsed the identify a covert agent of the CIA, you edly had been made that Wilson’s wife words and said Mr. Rove did not dis- lose your security clearance. It is as worked at the CIA, did that violate the close the name. clear as that and as important as that law—a law she wrote; she was involved Well, whether it is the name of a CIA to the security of this Nation. in writing the bill to deal with the de- employee or the identity of a CIA em- Mr. COLEMAN. I wonder if my col- liberate outing of undercover ployee, that is wrong. It has to be league from Michigan will yield for a operatives of the United States—she stopped, and the only way to stop it is question. answered in one word, ‘‘No.’’ to adopt a statute which says either it Mr. REID. He yields on your time. So what we have on the floor of this is a criminal offense in case of specific Mr. LEVIN. I am happy to. I do not Senate is an attempt to pass an ex post intent, which we already have on the control the time. facto law to remove the security clear- books, but even if one cannot prove a Mr. COLEMAN. Is the Democratic ance of one of America’s finest public specific intent, even if one identifies a leader aware of the executive order servants. CIA employee, period, without the issued by President Clinton in 1995 on Look here. ‘‘No Federal employee higher level of proof that is required this issue, on security clearances? who discloses or has disclosed.’’ We are for a criminal law, the identification of Mr. REID. My friend from Michigan going to change the law now? After a CIA employee is enough to lose their is answering the question. somebody has done something that was security clearance. That is what the Mr. COLEMAN. Because in that not a violation of the law? What kind amendment before us provides: Identify order—again, I am looking at the of principle of justice is that? This is a a CIA agent, put that agent in this Na- standard, and I appreciate my col- political charade. It is a game to em- tion at risk, and they are going to lose league’s words about going beyond the barrass the President of the United their security clearance. intent. In the executive order the States, who is attempting to conduct a

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8271 war on behalf of the American people, trusted with these secrets leak them. about the importance of protecting a war this Congress has voted to sup- It is not just careless or unfortunate, it highly sensitive national security se- port, overwhelmingly, by three-fourths is dangerous. Among the secrets we crets, including the identity of a covert vote. And I do not appreciate it. I guard the most closely are the identity agent. The Frist amendment makes a think it is beneath this Senate’s dig- of our spies. Revealing the identity of a mockery of the gravity associated with nity. It is contrary to the quality of de- covert agent not only ends the effec- leaking classified information by sug- bate and effort to amend the laws we tiveness of that individual, it puts that gesting that any unclassified reference ought to have in this country. person in grave personal danger, and to any FBI report anyone believes is I am shocked by it. I prosecuted for such disclosure also puts at risk all of being used as propaganda is somehow over 15 years in Federal court. You the agent’s colleagues and the people as serious an offense. don’t pass a law to go back and grab the agent has recruited around the Under the twisted logic contained in somebody who did something that was world over the years. In other words, the Frist amendment, the remarks of not a violation of the law in order to when you expose the name of a covert FBI Director Mueller himself, if used embarrass the President of the United agent, people can die. by a purported terrorist group to dis- States over nothing. He intended no The consequences of such exposure credit the United States, would cause harm here. He had no intention to out are so severe that in 1982 the Congress the Director to lose access to classified an undercover agent of the CIA—if passed the Identities Protection Act, to information. It is absurd. This is ab- these allegations are true, and I criminalize this behavior. But appar- surd. The Frist amendment seeks to re- haven’t talked to him about it. ently that is not enough. Last year, write the freedom of speech clause of I say this: Mr. Rove has served in the someone with access to classified infor- the Constitution and should be dis- center of this Government since the mation told members of the press the missed by this body out of hand. President took office. He has conducted identity of a covert CIA operative. The Reid amendment, on the other himself, I believe, with high standards. They did this not to expose some hand, is clear and measured. If you dis- Yes, the colleagues on the other side wrongdoing, but because they wanted close classified information without probably have not been happy with the to embarrass her husband. Someone authorization, your security clearance success he has had in helping President calculated that our national security should be revoked. Bush in his campaign and other efforts. was less important than scoring points I end by asking my colleagues, what But he has not been accused of corrup- in the press for the administration’s is wrong with this? tion or deceit or dishonesty, or cer- policy regarding Iraq. The act was de- I yield the floor. tainly not anybody would suggest he plorable. The PRESIDING OFFICER. Who would ever do anything to inten- Over the past 2 years the special yields time? tionally harm an agent of the United prosecutor appointed to investigate The Senator from Minnesota. States who is out serving our country. this crime has pursued it aggressively. Mr. COLEMAN. Mr. President, I yield I say, this language is unacceptable. He may now be making headway, we up to 10 minutes to the Senator from We ought to vote it down flatly. It is don’t know, but it is unclear whether Kansas. not proper and we ought not to be he will ever accumulate enough evi- The PRESIDING OFFICER. The Sen- doing that at this time. dence to bring the guilty party or par- ator from Kansas is recognized for 10 I yield the floor. ties to justice. If he is unsuccessful, we minutes. Mr. REID. Mr. President, I yield 8 should not let that be the end of this Mr. ROBERTS. Mr. President, I am minutes to the Senator from West Vir- sorry episode. We can and should make still a little unclear in regard to the ginia, Mr. ROCKEFELLER. it clear that people entrusted with Reid amendment. I understand from The PRESIDING OFFICER. The Sen- classified information cannot care- three Senators—Senator LEVIN, Sen- ator from West Virginia. lessly disclose that information with- ator DURBIN, Senator REID—that this Mr. ROCKEFELLER. Mr. President, out consequence. also applies to public employees, i.e., as vice chairman of the Senate Select Federal employees are bound to pro- Senators. If that is the case, if Mem- Committee on Intelligence, I strongly tect classified information. If they do bers are included, one of the things we support the Reid amendment. Senator not, the very least sanction they have to determine is that ‘‘ . . . to a REID is addressing a problem that has should face is to lose the privilege of person not authorized to receive such become endemic in recent years. It is holding a security clearance. We have information shall be permitted to hold something of which I have become to make clear to those in the Federal a security clearance for access to such acutely aware since I was appointed to workforce entrusted with protecting information’’—well, we don’t have se- that position 41⁄2 years ago, the leaking highly sensitive information that there curity clearances. of classified information. are consequences for these disclosures. By our election, we are deemed to be Barely a day goes by, frankly, when The amendment by Senator REID cleared for all security, and so we are you don’t read or watch press reports does exactly that. It is straightforward not losing anything. If in fact some- that contain classified information. and is common sense. If you disclose body unintentionally came to the floor The country is the lesser for it. I tell classified information to somebody not and in a public statement basically my colleagues, these leaks do real authorized to receive it, you are no said or disclosed or has disclosed clas- damage to our national security. When longer allowed to hold a security clear- sified information including the iden- individuals with access to our Nation’s ance. The FBI and the Justice Depart- tity of a covert agent of the Central In- secrets disclose those secrets to the ment may not be able to gather suffi- telligence Agency, the answer to this is public, they are telling our enemies cient evidence to prosecute leakers, meaningless because we don’t have a about our intelligence capabilities and but the Director of National Intel- security clearance. They don’t exist for potentially how to defeat them. When ligence should be able to use this ad- Members. We are deemed to have a intelligence sources and methods are ministrative tool to help stem the tide total clearance. And so I don’t know exposed, we lose the ability to collect of unauthorized disclosures. We need to what the remedy is. the information that will keep Amer- get serious about this problem and this Again, if you do it unintentionally, I ica safe. Good intelligence is the foun- is a good place to start. can tell you that is a slippery slope. dation of national security. We know The Frist amendment attempts to There have been Members basically in- that. It guides our foreign policy, it equate the unauthorized disclosure of advertently saying things in the Cham- helps us determine what weapons sys- classified information with unclassified ber and in the public that could match tems to build, and how to shape and de- remarks regarding an FBI report that this amendment. I am not going to get ploy our military forces. It is critical some object to on political grounds. into names, but I think that has hap- to our efforts to stop terrorists before There is nothing inherently improper pened in the past without question. I they attack. or illegal about making ‘‘reference’’ to know it happened in the Intelligence Intelligence that is compromised, an FBI report, or making a ‘‘state- Committee, probably the Armed Serv- therefore, makes America less secure. ment’’ based on some unidentified FBI ices Committee, probably many other There is no excuse when individuals en- agent’s comments. The law is clear committees.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8272 CONGRESSIONAL RECORD — SENATE July 14, 2005 This is just not very clear, and what in the intelligence community, he was Again, as for the former Ambassador, we have here is a Special Prosecutor asked how he knew some of the things no one needed to discredit him. He with a lot of leaks; we have a reporter he was stating publicly with such con- took care of that himself. in jail for a story she did not write; we fidence. On at least two occasions, he Now, before I close, I would like to have a steady stream of leaks about admitted that he had no direct knowl- say something in response to the gray every aspect of this case; we have the edge to support some of his claims and picture painted by the distinguished Washington press corps in full attack he was drawing on either unrelated minority leader. Much has been said mode; and, finally, before we have all past experiences or no information at about the grave damage that was done the facts known, we have my col- all. For example, when asked how he to our Nation’s security when Valerie leagues across the aisle calling for Karl knew that the intelligence community Plame’s name was revealed to the Rove’s resignation, if not incarcer- had rejected the possibility of a Niger- press. There has also been speculation ation. So much for the presumption of Iraq uranium deal as he wrote in his that Ms. Plame, although nominally innocence. book, he told committee staff that his undercover, really wasn’t undercover Don’t get me wrong; we must protect assertion may have involved ‘‘a little at all. So as part of the Intelligence the identities without any question, as literary flair.’’ Committee’s ongoing oversight of the my distinguished vice chairman of the I urge my colleagues to read the 511- issue of cover, we will examine this committee, Senator ROCKEFELLER, has page report that was voted out 17 to case and see where the truth lies. said, but that obligation also extends nothing. Basically, I think we are on the to the Agency for which they work. I The former Ambassador, either by wrong track here, and again I urge my just think here we have a tempest, to design or through ignorance, gave the colleagues, if you put in law that if characterize the newest revelations in American people or, for that matter, anybody reveals classified information the Valerie Plame case as a stunning the world, a version of events that was unintentionally, including the Mem- turn of events demanding immediate inaccurate, unsubstantiated, and mis- bers of this Senate, that is a slippery action by the President, the special leading. What is more disturbing, he road we will go down where current prosecutor, and now the Congress of continues to do so today. Members who I see sitting in the the United States. I am not a big advo- Now that the Washington press corps Chamber would fit into that category, cate of the ‘‘shoot now, ask questions is in a full-attack mode over the recent and it is unwarranted, unneeded. It is later’’ approach. I certainly prefer to revelations in the Valerie Plame case, not the way to do it according to the know the facts and then make a judg- Ambassador Wilson is back on the cir- act that was cited by my distinguished ment. cuit. He is continuing his self-pro- colleague from Minnesota. My preference notwithstanding, the claimed quest to have Karl Rove, in his I yield the floor. The PRESIDING OFFICER. Who judgment of the current deluge of words, ‘‘frog marched in handcuffs’’ out of the White House. And basically that yields time? media coverage seems to be based on Mr. REID. I yield 5 minutes to the is what we are trying to do with this the premise that the White House—i.e., distinguished Senator from Con- Karl Rove—was trying to discredit Am- amendment, if you follow the partisan necticut, Mr. DODD. bassador Wilson for his much-pub- line of thinking as put forth by Ambas- The PRESIDING OFFICER. The Sen- licized opposition to the war. It is im- sador Joe Wilson. And before all the ator from Connecticut is recognized. portant to remember that there is al- facts are known, he has been joined by Mr. DODD. Mr. President, I thank my ready a record on this point, and I urge a chorus of colleagues and liberal ac- colleague and leader, Senator REID. Let Members to really pay attention to the tion groups calling for Karl Rove’s res- me respond to a couple of points. I had record. ignation and in some cases even incar- not intended to get involved deeply in More than a year ago, the Senate In- ceration. So much for the presumption this debate, but a couple things strike telligence Committee issued its unani- of innocence. me, Mr. President, as this debate mous report on prewar intelligence as- Now, don’t get me wrong. If someone evolves. sessments on Iraq. We have a 511-page willfully or knowingly outs an under- First of all, this is an appropriate report explaining in detail how our in- cover intelligence officer, they should discussion on this bill. On what more telligence agencies got it wrong. be punished. Senator ROCKEFELLER is appropriate piece of legislation could Now to the subject at hand, this so- exactly right about that. Punishment you have discussion than this one re- called tempest. Included in that report should be reserved, however, for those garding intelligence matters that deal was a recitation of the facts that sur- who have actually committed a crime. with the very issue of homeland secu- round the now infamous travels of the The law requires knowledge. And if Mr. rity. So I don’t understand the objec- former Ambassador Joe Wilson, who Rove didn’t know and no one told him tion. You may object to the amend- can best be described as a bit player in that Valerie Plame was undercover, ment, but the idea that on the Home- the Iraq story, notwithstanding his then, pardon me, he did not break any land Security bill where security plays substantial efforts to embellish the sig- laws. The mere fact that one works for a critical role, it seems to me dis- nificance of his role. the CIA is not in and of itself classi- cussing this matter has relevancy. Mr. Wilson became quite a celebrity fied. Secondly, it is our responsibility as and questioned the President’s veracity As important, the law presumes the Members of Congress to draft legisla- as he carefully crafted his public per- Government is taking ‘‘affirmative tion to try to deal with these matters. sona as a ‘‘truthteller.’’ He went on a measures to conceal’’ the officer’s in- Certainly what the Senator from Ne- media blitz, Mr. President. He appeared telligence relationship to the United vada has raised is responding to what on more than 30 television shows in- States. I am just not convinced that a is a national story, one that has been cluding, ironically, ‘‘The Daily Show,’’ serious effort to conceal an undercover around now for the last several years, a a fake news show. Time and time officer’s intelligence relationship in- matter, I might add, that could have again, he told anybody who would lis- cludes driving to CIA headquarters been resolved probably a couple of ten that the President had lied to the every day for work. years ago had Mr. Rove at the time American people, the Vice President The Intelligence Committee has ex- said, Look, I am the person who spoke had lied, and that he had debunked the amined with staff the issue of cover be- to Matt Cooper. I am the one who used claim that Iraq was seeking uranium fore and identified a number of serious Mr. Wilson’s wife, describing her in from Africa. problems, and we are currently exam- those terms, and maybe explained at However, the committee found not ining the issue of cover once again be- the time he didn’t intend to do it. We only did he not debunk the claim, he cause some of these problems do per- might not be talking about this matter actually gave some intelligence ana- sist. While we should leave the crimi- as extensively as we are today. But the lysts even more reason to believe it nal investigation to the Special Pros- fact is they covered it up for the last 2 may be true. In an interview with com- ecutor, we will continue our work to years rather than coming clean and mittee staff, the same committee staff ensure that those who are actually un- saying, I had that conversation. that interviewed over 250 analysts to dercover get the protection they need I am perplexed at what the response prove that we had systemic problems and deserve. of this is. Are my colleagues on the

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8273 other side suggesting as the alternative politics. That is all this is about—poli- Mr. COLEMAN. I yield. to what Senator REID proposes a better tics. We have an Executive order that Mr. SESSIONS. The Senator from suggestion that people who do reveal has been in place for 10 years that Minnesota is an experienced prosecutor highly classified information, the talks about dealing with classified in- and understands these things. names of covert agents, should be al- formation, talks about what happens It also, as I read it, says, if you re- lowed to continue to keep their secret when classified information is re- veal the identity of a covert agent classification? I don’t think so. vealed. An Executive order, by the without an intent—you might not even That is really what the point of this way, has a standard, deals with a situa- know that person was a covert agent, is, to make the case that when anyone tion: knowingly, willfully or neg- isn’t that right?—you would be in vio- reveals, including Members of this ligently. We have a standard. lation of the statute. body, highly classified information, the My colleagues on the other side talk Mr. COLEMAN. The Senator from names of covert agents, you lose the about a coverup. We have a matter Alabama, based on my reading of this, privilege of having a security clear- that is being investigated by special is correct. ance. It is not a criminal indictment. It counsel. The President of the United Mr. SESSIONS. That is another ex- just says if you do that, you don’t have States says: I have confidence in the ample of the poor drafting of this stat- the privilege of having that kind of a special counsel. Let’s see what he does. ute, to hold somebody accountable for classification. I don’t know why there We have Karl Rove, who is cooperating a perfectly innocent mistake—a strict is such a protest. This ought to be with the special counsel, who openly liability statute that requires only the adopted unanimously. said: Whoever I talked to, talk to revealing of information that some- Where is the objection? This does not them. body happened to be a covert agent mention Karl Rove, although certainly There is no cover. This is about poli- when the person did not even know it. his actions have provoked this discus- tics. I just came from a press con- Mr. COLEMAN. I suggest to my sion. If in fact it turns out that he is ference a little while ago with the head friend from Alabama that is the rea- indicted, then he will have to face of the campaign committee of the son, in the Executive order, we have a those allegations. But to suggest that Democratic Party about this issue with standard of knowing. In fact, if you do somehow we should do nothing about Joe Wilson. something negligently, there is a It is about politics. We have an this, despite the fact that everyone is standard and you can be held account- amendment in which on the first blush talking about it across the country—it able. But there is no such standard, it talks about Federal employees, and has been a serious problem, it needs to whatever, in this hastily crafted polit- then after questioning they say: Well, be addressed, an investigation is ongo- ical amendment and, as such, my col- yes, it means public officials. It is not ing—that should not deprive this body leagues should reject it. in there. of responding to a situation where clas- But what happened to the greatest The PRESIDING OFFICER. The sified information, the name of a CIA deliberative body in the world? Democratic leader. agent, has been revealed and we ought This is about politics. We have an Mr. REID. This amendment is an to say something about it. amendment crafted as an ex post facto. amendment that deals with the fol- So, Mr. President, I think what Sen- Will that pass muster? I don’t know. I lowing: ator REID has proposed is eminently have questions about it. No Federal employee who discloses, or has reasonable. It is applying to everyone Again, I go back to the Executive disclosed, classified information, including here. And Senator ROCKEFELLER, our order. It is very clear. It talks about the identity of a covert agent of the Central friend from West Virginia, is abso- knowingly, willfully, negligently. That Intelligence Agency, to a person not author- ized to receive such information shall be per- lutely correct. It is an ongoing prob- makes sense. If you are an individual lem, almost on a daily basis, and we mitted to hold a security clearance for ac- with your wallet stolen with a piece of cess to such information. need to speak loudly and clearly, it has information in there that led to the How in the world can anyone in this got to stop. If we are going to be more agent being uncovered, you are im- Senate vote against this? The only rea- secure as a people, then we need to stop pacted by this. What about if your of- son I can figure out is that there is an revealing important information and fice is in a secure facility, somehow it the identities of people who we depend was burglarized; are you covered? attempt to divert attention, an at- upon to make us more secure. That is There is a reason you have an Execu- tempt to cover up. It is an abuse of what the Reid amendment does. tive order that has been in place 10 power. This is absolutely something My hope is we would have 100 Mem- years that provides a knowing stand- that everyone should vote for. bers supporting this amendment in- ard, a logical standard, an effective There have been wails of concern stead of a divisive debate over whether standard. from the other side but very little dis- this is about an employee at the White This is a poorly crafted piece of polit- cussion of this amendment. I simply House who, in my opinion, probably ical propaganda. That is all it is. say, when they talk about the Execu- ought to voluntarily step aside pending Listen to the facts. They are based tive order, I learned in law school that the investigation and voluntarily give on what I read in Newsweek. a Federal law would supersede any Ex- up his security clearance. Instead of doing what you would ecutive order. If he were a police officer in any de- think we do in this deliberative body, I yield 4 minutes to the Senator from partment in the United States who had we wait to see what the special counsel California, Mrs. FEINSTEIN. been accused of such a transgression, has to say. We wait to get the facts be- Mrs. FEINSTEIN. Mr. President, the chief of police would ask him to fore the Senate. If, in fact, we find this there are some who may disagree with step aside temporarily, not to resign, Executive order is lacking in scope, is the proposition at the heart of Senator not to retire but to step aside pending lacking in effect, is somehow not doing REID’s amendment; that is, that U.S. the investigation to determine whether the job it needs to do, we can provide Government officials who violate the the allegations were true. some legislation to deal with it. laws governing safeguarding sources That is what ought to happen here. We have none of that. What we have should not be permitted to have con- But Mr. Rove is not directly the sub- is ‘‘gotcha politics’’ in Washington in tinued access to that information. I ject of this amendment. It is simply a 2005. So we are dealing with something happen to agree with that. I happen to response to a problem that exists in that is hastily crafted, poorly crafted, think it is a fair point to discuss. As our country and one that needs to be that does not explicitly say who it cov- the Senator from Connecticut said, it addressed. Senator REID is right, and if ers, that does not have a clear standard is appropriate for this discussion. our colleagues were smart, they would of intent, that is simply unnecessary— In fact, there is a document that endorse this amendment and support it unnecessary when the conduct that was every employee signs. It is entitled unanimously at the appropriate time supposed to be concerned about, or ‘‘Department of Defense Secrecy when the vote occurs. should be concerned about is already Agreement.’’ The second part of it Mr. President, I yield the floor. covered by Executive order. reads: Mr. COLEMAN. Mr. President, once Mr. SESSIONS. Will the Senator I agree that I will never divulge, publish or again, let’s be very clear. It is about yield? reveal, either by word, conduct, or by any

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8274 CONGRESSIONAL RECORD — SENATE July 14, 2005 other means, any classified information, in- The PRESIDING OFFICER. The ma- the President nominates someone for a telligence, or knowledge, except in the per- jority has 201⁄2 minutes and the minor- high position and there is an FBI file, formance of my official duties and in accord- ity has 201⁄2 minutes. I say to my friends, you are not doing ance with the laws of the United States, un- Mr. REID. I yield 4 minutes to the your job if you do not read it. less specifically authorized in writing in Under this, I guess I lose my security each case by the Secretary of Defense. Senator from California, Mrs. BOXER. It is my understanding Senators do The PRESIDING OFFICER. The Sen- clearance. So be it. But I think everyone in this not sign it, Members of Congress do not ator from California is recognized. Senate has lost their security clear- sign it, but members of the administra- Mrs. BOXER. Mr. President, the ance because every one of us has spo- tion and staff do sign this document. Reid-Levin Rockefeller-Biden amend- All the Reid amendment does, essen- ment is very clear. I will read it again ken about the Iraqi war. Now my colleague says we don’t have tially, is codify what has been carried so that, hopefully, the American people a security clearance. You have read out informally by regulation. know what we are debating. This is The second-degree amendment is not what we are debating: this. You have written this. So there fair or honorable. It is clearly designed No Federal employee who discloses, or has you go. Your side wrote, can’t have a secu- to threaten a Member’s unquestionably disclosed, classified information, including rity clearance. So all I can say is, one lawful conduct. It is venal. I believe it the identity of a covert agent of the Central side can say you are playing politics, is unprecedented. Intelligence Agency, to a person not author- We have asked the historian of the ized to receive such information shall be per- the other side can. Put that aside. Senate if this has ever been done be- mitted to hold a security clearance for ac- Read this amendment. It is the right cess to such information. fore. He said, no, never in the Senate. thing to do. Either you stand on the Once, in the House of Representatives, Why is this important? It is impor- side of the brave men and women who from 1836 to 1844, the House had a gag tant because when this story broke, risk their lives undercover every day or rule on all motions pertaining to aboli- CIA agents and folks at the CIA were you stand on the side of politics. You tion of slavery. They were immediately absolutely horrified that the name of a make up your mind. I yield the floor. tabled. Otherwise, there never has been covert agent had been leaked, putting Mr. COLEMAN. Mr. President, I yield an effort like this. that covert agent in grave danger. 2 minutes to the Senator from Kansas. The problem with the substitute Now who could vote against this? I Mr. ROBERTS. Mr. President, for the amendment, and let me read it, is this. don’t know. We are going to find out. record, my good friend, my colleague It says strike all that follows and add But let me state what I think it is from California, does not have a secu- the following: about. Either you stand on the side of rity clearance. None of us do. We are Any federal office holder who makes ref- these brave undercover operatives who erence to a classified Federal Bureau of In- risk their lives every day, without peo- deemed by the electorate to be cleared vestigation report on the floor of the Senate, ple with a political agenda going after from the lowest to the highest. We do or any federal officeholder that makes a them to reveal them, or you stand on not have a security clearance to lose. statement based on an FBI agent’s com- the side of those who would play poli- So that is not accurate. And I don’t ments which is used as propaganda by ter- tics and have played politics with their court the venal part of this. rorist organizations thereby putting our identity. In terms of the second-degree amend- servicemen and women at risk, shall not be Why did it happen in this particular ment, unless I was hearing something permitted access to such information or to different and somebody raised the hold a security clearance for access to this case? Because this particular adminis- tration did not like what they heard issue, as Congress included in this—the information. Senate—along with Federal employees Yesterday, I had a meeting with the from a particular gentleman, and to punish him, they went after his wife. who either intentionally or uninten- Director of the FBI. We discussed many tionally reveal classified information, aspects of the PATRIOT Act. Sup- And they didn’t care. You cannot tell me because you didn’t use her everyday Senator LEVIN, Senator DURBIN, Sen- posing I had come to the Senate and ator REID said ‘‘yes.’’ So that is reflec- discussed those aspects and Al-Jazeera name that it was hard to find out who she was. tive of the second-degree amendment. picked it up and used it as propaganda. If that is not the case, we have a dou- If somebody says Senator BOXER’s I am within my rights to discuss that. ble standard for Members of Congress husband did thus and so, even if he had It is unclassified. I know of no Senator or other public officials as opposed to a different last name, it would not be that has come to the Senate and used Federal employees. We ought to get too hard to find out who my husband any information that was classified. that straight, which is why I think the is. Now, there have been accusations. I suggestion from the Senator from—— got that FBI report. I have it right So here we had a political agenda and Mrs. BOXER. Will my friend yield for here. It has a big X through secret and Senator COLEMAN talks about how hor- a question? has written on it: rible it is to play politics on the floor Mr. ROBERTS. No. I only have 2 All information contained herein is unclas- of the Senate. Publishing an ‘‘enemy’s minutes. But perhaps on down the sified except where shown otherwise. list’’ is the worst form, and the lowest road. What this amendment aims to get at form, of politics you can have. This That is why I think the suggestion of is clearly a venal retribution. Candidly, took it to a whole other level when it the Senator from Minnesota is a good I object to it. It has never happened in involved someone who was an under- one, that we ought to go into a quorum the Senate before. And it should not cover agent. call to try to figure out what this happen today. I want to say a word about the sec- means. I yield the floor. ond-degree amendment, which is unbe- Read the language in detail. Inten- The PRESIDING OFFICER. The lievable. Under the second-degree tionally or unintentionally reveal clas- Democratic leader. amendment, if this passes, every single sified information—I have news for Mr. REID. I appreciate very much Member in the Senate will lose their you, we have people in the intelligence the statement of the Senator from security clearance. Anyone in this Sen- community who make mistakes, inad- California. No one works harder in the ate who ever came down to the floor vertently make mistakes. This is going Senate than this Senator. She serves and said anything about the pictures at to end the career of many young people on the Committee on Appropriations, Abu Ghraib will lose their clearance. who will make mistakes down the road the Committee on Energy and Natural Anyone who ever came to the floor and and lose their security clearance. Resources, Judiciary, Rules and Ad- said, I think it is important, when the Security clearances are an adminis- ministration, and Intelligence. She has President makes a nomination, we get trative process, not a statutory proc- served honorably on the Intelligence all the information, including reading ess. The Reid amendment strips all dis- Committee and spent days of her life in an FBI report. Let me say, and I guess tinction from employees in regard to the Intelligence Committee. I very I will lose my clearance, but I will say their home agency and in regard to any much appreciate her statement. it right now, up against this amend- discretion. How much time remains with the ment, this ridiculous second-degree Mr. President, could I have one more majority and the minority? amendment—I say right now, whenever minute?

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8275 Mr. COLEMAN. Mr. President, I yield Attorney General Comey to get an Mr. REID. What time remains on another minute to the Senator from independent counsel who was above re- both sides, Mr. President? Kansas. proach. I never mentioned a word The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. The Sen- about any individual. Because there jority has 171⁄2 minutes. The minority ator from Kansas is recognized for one was none. There was all this swirl has 10 minutes 49 seconds. additional minute. about Karl Rove. You did not hear the Mr. REID. Mr. President, I would Mr. ROBERTS. So in your zeal to senior Senator from New York talking ask, under the usual status here, under hang Karl Rove—and that is what this about it. You, rather, heard me say: the usual procedure, that I would have is about—you are going to put a stake Let’s get to the bottom of this. the close here. But we have more time in the careers of national security pro- But in the last 2 or 3 weeks, we have than you have, as I understand it—171⁄2 fessionals from here on in. seen some serious and indisputable evi- minutes—and you have 10; is that During the administrative procedure dence. We do not know if it meets the right? by that home agency or that person’s criminal standard. That is why I have The PRESIDING OFFICER. The ma- superior officer, they can be counseled, not called for Karl Rove to step down. jority has 171⁄2 minutes. The minority they can be admonished, but they do But we do know, without any doubt, has 10 minutes 49 seconds. not lose their security clearances. that security was compromised. You Mr. REID. I was just thinking we They do make mistakes. I don’t know cannot hide behind the argument: Well, were in the majority, but I guess we how many that is going to be, but that I mentioned the husband and not the are not. is going to be a bunch. wife and, therefore, I didn’t breach The PRESIDING OFFICER. The Sen- That is going to send a chilling effect some kind of security. ator from Minnesota. throughout our entire intelligence While the criminal law standard says Mr. COLEMAN. Mr. President, I yield community. This is poorly written. We you had to know whether that wife was such time to the majority whip as he ought to go into a quorum call and classified, whether Ms. Plame, Agent needs. work it together so we at least know Plame was classified, that is not the The PRESIDING OFFICER. The as- what the outcome is going to be. standard in terms of entitling someone sistant majority leader is recognized. Mrs. BOXER. Could you yield now on with the privilege of hearing national Mr. MCCONNELL. Mr. President, I your time? security secrets. rise to speak on the Frist amendment, Mr. ROBERTS. I don’t have any If you cannot keep those secrets, if which is one of the two votes we will time. It is his time. you disclose those secrets, for whatever have shortly. Mr. REID. Mr. President, I yield 5 motivation, and particularly a venal First, let me say, I regret we are minutes to the distinguished Senator one, if that was the case, political ret- spending an hour and a half of the Sen- from New York, Mr. SCHUMER. ribution, you do not deserve to con- ate’s time, when we should be debating The PRESIDING OFFICER. The Sen- tinue to hear those secrets. That is and completing the Homeland Security ator from New York is recognized. what the amendment offered by my bill, engaged in extensive political Mr. SCHUMER. Thank you, Mr. colleagues from Nevada and Michigan sparring. President. I would like to compliment and West Virginia simply says. It is the The Karl Rove amendment—and that my friend from Kansas for his remarks. right thing to do. is exactly what it is—richly deserves to While I am not sure he is right, he is The President should have done it be defeated. I certainly would encour- doing what we should be doing on this without any amendment. If someone age all of our colleagues to vote floor. We presented an amendment on a leaks a name—and it looks more and against that amendment when it is be- serious issue, and he is debating that more as though it was Karl Rove; and fore us shortly. amendment. He is saying: Here is a we know for an undisputed fact—his But with regard to the Frist amend- place in the amendment that I think is lawyer admitted it—he stepped right ment, Senators ought to be especially wrong, and maybe you ought to change up to the line—we don’t know if crimi- careful when they repeat unproven al- it. nally he stepped over it or not; that legations about the conduct of our That is how a debate ought to go. But will be for Mr. Fitzgerald to determine, troops, particularly during a time of the response of my colleagues who have not for us—then he should not have war. Our enemies can make use of such cosponsored the other amendment is that security clearance. statements. And their propaganda puts not that at all. It is not to debate a se- You are right, my colleagues, we at risk our service men and women who rious issue that involves national secu- should not have to be here today. The are, of course, out there protecting us rity. It is, rather, to create a smoke- President should have done this on his every day. screen—‘‘You stick it to us, we will own. And if you think the amendment Unfortunately, this very thing hap- stick it to you’’—when we all know is poorly drafted, as my good friend pened last month when one of our col- that the issue of who leaked this infor- from Kansas does, that is what this leagues repeated unproven allegations mation is a serious issue. We did not place is all about. Come and tell us about our service men and women who say it is a serious issue. President Bush why and how we can change it and were interrogating suspected terror- did. George Tenet did. The original in- make it better. ists. It was reported in the Middle vestigation I was involved in creating But if the response is simply to say, East. It would be hard to believe that because I called George Tenet and said: ‘‘Oh, we’re going to try to create a it did not do damage to our troops This is an affront to all CIA agents. He smokescreen or maybe intimidate you while we continue to fight in the war agreed, and called the Justice Depart- on the other side,’’ that is not worthy on terror in that region. ment and said: Do an investigation. It of what this body is about, at least in It seems to me if we are going to im- is serious stuff. its better and finer moments. pose strict liability on Federal employ- What do we get in response? A So, my colleagues, I would hope we ees who act indiscreetly, then we smokescreen. It is almost sort of the could have a 100-to-nothing vote on the should not have a different standard childish sticking out your tongue back amendment by the Senator from Ne- for ourselves. I know our colleagues on at somebody. Debate the issue. I can vada. Yes, it is embarrassing that it the other side of the aisle have indi- understand why you do not want to de- happened in the White House, and they cated that the Reid amendment in- bate the issue. Somebody in the White are Members of your party. But it hap- tends to include Senators, but it seems House did something seriously wrong. pened. No one disputes it happened. I not to be drafted that way. If Senators Does anyone have any doubt that if do not think a single American thinks disclose classified information or re- this occurred under a Democratic that nothing should be done. peat unproven allegations that endan- President that you would want to de- The PRESIDING OFFICER. The Sen- ger our troops, then it seems to me we bate it, as you should? The opposition ator’s time has expired. ought to lose our access to classified party is intended in this Republic to be Mr. SCHUMER. I urge support of the information as well. a check. Reid amendment and rejection of the The Reid amendment does not do As I said, I originally called for this amendment offered by the Senator that because it talks about Federal em- investigation. I worked with Deputy from Minnesota. ployees, which seems to mean only

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8276 CONGRESSIONAL RECORD — SENATE July 14, 2005 civil servants. Again, I acknowledge If somebody did leak classified informa- ing a law here. We are writing it on the and recognize that those on the other tion, I’d like to know it, and will take appro- run. We are writing it without clari- side of the aisle have said it means to priate action. fying the definition of who is covered. include us. However, it does not seem It is pretty clear what is intended We are writing it without clarifying to in the plain meaning of the amend- here. He violated the rules of the White what the standard of intent is, whether ment. House here. Why shouldn’t the public it is beyond negligent conduct. We are The Frist amendment makes it clear be aware of the fact that, as they try to writing it without reflection on an ex- that we, as Federal officeholders, also distribute guilt all over the place, it isting Executive order that covers the lose our access to confidential informa- comes from the President’s very senior conduct we all want to deal with. tion if we act rashly, intemperately, assistant? That is what we are talking My colleague from California was and thereby put our troops at risk. about. The rest of this is trivial. It is right. Whose side are you on? Are you What the Frist amendment is about is getting even. It is recrimination: I will on the side of the agents who risk their the security of our servicemen and our get you if you get me. lives to protect the American dream servicewomen. So we ought to move on positively on and the American ideal, things this Statements on the Senate floor—out the Reid vote. Let’s see how everybody body is supposed to stand for, or are here on the Senate floor—comparing stands on this, whether they want the you for politics? Today we are about our service men and women to tyran- public to know the truth; and that is: politics. Today we are diverting from a nical regimes that result in risking Karl Rove, did he violate the rules? Did $31 billion bill to protect America’s se- their safety must not and should not he violate the regulations when he curity, and we are debating politics. stand. I hope when the Senate has an went ahead and revealed something opportunity to address both of these that never should have been made pub- We don’t know the facts. We have a amendments shortly, the Reid amend- lic, the identification of a CIA em- special counsel whose job it is to get ment will be defeated and the Frist ployee. the facts. The President is committed amendment will be adopted. I yield the floor. to act on that. Instead we are playing Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- politics. This is not a shining moment Mr. REID. Mr. President, I yield 4 ator from Minnesota. for the Senate. I have to believe my minutes to the Senator from New Jer- Mr. COLEMAN. Mr. President, I yield colleagues on the other side of the aisle sey, Mr. LAUTENBERG. 2 minutes to the Senator from Maine. know that. I urge my colleagues to de- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- feat the Reid amendment. ator from New Jersey is recognized. ator from Maine is recognized. I reserve the remainder of my time. Mr. LAUTENBERG. Mr. President, I Ms. COLLINS. Mr. President, last rise to support the Reid amendment. It Mr. REID. Madam President, I yield 2 week we saw the terrorist attack on an is something we have to do, given the minutes to the Senator from Michigan. ally. Our country faces very important White House inaction on Mr. Rove’s be- The PRESIDING OFFICER. The Sen- homeland security challenges. We have havior. We hear nitpicking about ator from Michigan. been in the midst of debating impor- words. What was the intention? Is it ex Mr. LEVIN. Madam President, I have tant public policy issues—how best to post facto law? No, it is not ex post two quick points. First, the current secure mass transit or to prepare our facto law. We are not just writing a law law which has been referred to by my first responders. I cannot believe the here. What we are doing is trying to good friend from Minnesota is a discre- Senate has diverted from that impor- curtail a situation that enables some- tionary law. Whether someone does tant debate—a debate important to one at the White House level to make this intentionally or negligently, the Americans all across this country—and a statement that, frankly, sounds as if violation may or may not lead to the instead of finishing up the Homeland it is traitorous, as defined in April of loss of one’s clearance. That is simply Security bill, we have diverted to de- 1999, when former President George H. too loose. It is too discretionary. It has bate these issues. resulted in leak after leak after leak. W. Bush said, speaking about the out- We should not be doing this. This is It is long overdue that we tighten this ing of a CIA agent and sources: ‘‘I have exactly why the American public holds law, and that is the effort of the nothing but contempt and anger for Congress in such low esteem right now. amendment before us. It relates di- those who betray the trust by exposing We should be focusing on the na- rectly to the national security of the the name of our sources. They are in tional security and homeland security United States. my view the most insidious of trai- challenges facing this Nation. We tors.’’ That is right: traitors. should not be engaging in this debate. I agree with my dear friend from So now we know who leaked the in- I, for one, am going to vote no on both Maine when she says we have to ad- formation, revealed publicly, Mr. Rove. of the amendments. dress national security issues. Protec- Where is the appropriate action? Well, I yield the floor. tion of the classified identity of CIA here is a quote from a White House The PRESIDING OFFICER (Ms. MUR- agents is essential to the national se- press briefing with Scott McClellan on KOWSKI). The Senator from Minnesota. curity of the United States. If one iden- September 29, 2003. Mr. COLEMAN. Madam President, I tifies an agent, a CIA agent, it seems Q: You said this morning, quote, ‘‘The understand the frustration of my col- to me that person should lose their President knows that Karl Rove wasn’t in- clearance, no ifs, no ands, no buts. volved.’’ How does he know that? league from Maine. I urge that we A: Well, I’ve made it very clear that it was lower the rhetoric here and go about That is not something which should be a ridiculous suggestion in the first place. doing our business. There is a special left to a ‘‘may’’ lose one’s clearance. It . . . I’ve said that it’s not true. . . . And I counsel looking at this. Contrary to should be a ‘‘shall’’ lose one’s clear- have spoken with Karl Rove. . . . what my colleague from New Jersey ance. Q: When you talked to Mr. Rove, did you said—he said we are not writing the On the second-degree amendment, discuss, ‘‘Did you ever have this informa- law here—that is what we are doing. the amendment of the majority leader, tion?’’ A: I’ve made it very clear, he was not in- We are writing a law here. I have when it states that . . . ‘‘Any Federal volved, that there’s no truth to the sugges- worked with my colleagues across the officerholder that makes a statement tion that he was. aisle. I have worked with them on the based on an FBI agent’s comments We go to the next episode. This is permanent subcommittee, on the For- which is used as propaganda’’ shall lead Scott McClellan on September 29, 2003: eign Relations Committee. I know how to the loss of clearance, we had a whole If anyone in this administration was in- studious they are. I know how focused hearing yesterday about FBI agents’ volved in it, they would no longer be in this they are in doing the right thing. I statements. Those statements were administration. know how when they want to do some- highly critical of the Department of I guess it takes a long time to termi- thing, they want to make sure it is Defense employees at Guantanamo. nate somebody. That was over a year complete. They want to make sure These included a number of FBI agents’ and a half ago. they have examined it. e-mails that were critical. Those were President George W. Bush said on They can all see what we are doing the subject of a hearing of the Armed September 30, 2003: here. It is about politics. We are writ- Services Committee yesterday. Many

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8277 members of the Armed Services Com- identity of more agents. How can that say something negative about Karl mittee were highly critical of the con- give the men and women in our intel- Rove, we are going to say something duct of some of the people at Guanta- ligence community any confidence negative about you. But this amend- namo as reflected in those FBI e-mails. that we stand behind them? I don’t be- ment was so poorly drawn that they The PRESIDING OFFICER. The time lieve it can. have drawn into their net of suspicion of the Senator has expired. There is a second-degree amendment and accusation many of their own col- Mr. REID. I yield 5 minutes to the that has been offered and referred to by leagues. Senator from Illinois. the Senator from Kentucky. In the I yield the floor. The PRESIDING OFFICER. The Sen- time I have been on Capitol Hill, it The PRESIDING OFFICER. The Sen- ator from Illinois. may be the worst drawn amendment I ator from Minnesota. Mr. DURBIN. I thank the minority have ever seen. I don’t think those who Mr. COLEMAN. I yield 2 minutes to leader. put it together sat down and read it the Senator from Alabama. Madam President, I want to raise very carefully. Because if they did, The PRESIDING OFFICER. The Sen- this point: If you can’t discuss the they would understand that the lan- ator from Alabama. Mr. SESSIONS. Madam President, issue of intelligence and security on a guage they put in it is so broad and so there might be a contest between bill about homeland security, where expansive that it draws together many which of these amendments is most would you raise the issue? What we are innocent people and many people they poorly drafted. The Reid amendment talking about here are men and women didn’t intend. that kicked off this event, that sur- who are the first line of defense against Listen to this: Any Federal prised me when it came up in this last terrorism. These are intelligence officerholder who makes reference to a classified Federal Bureau of Investiga- minute, says that ‘‘No Federal em- agents who literally, many of them, ployee who discloses, or has disclosed tion report on the floor of the Senate risk their lives every day to protect classified information . . . ’’ And good- Americans. shall lose their security clearance. We did a quick check. I am sorry to ness, that has already been disclosed. What happened here? There was a de- It is something that has already hap- cision made by some people in the say to the Senator from Kentucky, you are going to be stunned to know that pened. Apparently, it is not a violation White House—that is what Mr. Novak of the law. Now we are going to reach many chairmen and former chairmen said—to disclose the identity of a cov- back and make it a violation of law. of the Senate Judiciary Committee ert CIA agent, the wife of former Am- That is ex post facto law. It would have done just that. They have dis- bassador Joe Wilson, for the purpose of come back from the Supreme Court, if closed a classified reference to a classi- political retribution. That is what it anybody were ever charged and con- fied Federal Bureau of Investigation was all about. They were angry with victed under it, like a rubber ball off report on the floor of the Senate. I Ambassador Wilson, and so they were the wall. going to disclose his wife’s identity, a won’t read all the names of my col- Mr. LEVIN. Will my friend yield for a woman who had put her life on the line leagues into the RECORD—I guess I question on that? for the United States. That disclosure could—who have come to the floor and Mr. SESSIONS. No, 2 minutes is all I endangered her life and the lives of ev- have already violated this provision in have. eryone she worked with. It was polit- the second-degree amendment. It also says ‘‘no Federal employee,’’ ical. One of my colleagues was on the and the Senator says that includes The Senator from Minnesota is right. floor. I went to him and said: I am not Senators. He can say it includes tur- At the heart of this is politics: a deci- going to read your name into the nips, but it doesn’t include Senators. It sion by someone in the White House at RECORD. You did it. You may not have says Federal employees, and that does the highest level for political revenge known you did it, but you did. not cover Senators. It also says a cov- to go after the identity of this woman. This amendment was so poorly draft- ert agent, and there is no intent or Let me tell you what other CIA offi- ed that it has brought all of them knowledge required. So a person could cers had to say about it. They all hap- under this prohibition where they can’t mention a name not knowing they pen to be Republicans. After this hap- have a security clearance. were a covert agent and be subject to pened, this is what they said, those Let me tell you the second part on this punishment. Frankly, I don’t who were contemporaries of hers: which the Senator from Kentucky con- think the other amendment is much tinues to make reference. If the stand- My classmates and I have been betrayed. better. Both should be voted down. Together, we have kept the secret of each ard is, whatever we say on the floor The PRESIDING OFFICER. The Sen- other’s identities for over 18 years. . . . This may be used by an organization such as ator from Minnesota. issue is not just about a blown cover. It is Al-Jazeera against the United States, Mr. COLEMAN. How much time do about the destruction of the very essence, we are in trouble. These are the clip- we have left? the core, of human intelligence collection pings from Al-Jazeera’s Internet site The PRESIDING OFFICER. There is activities—plausible deniability—apparently where they have cited Senator after 9 minutes 31 seconds remaining. for partisan domestic reasons. Senator for things they have said on Mr. COLEMAN. I yield 2 minutes to We have heard people come to the the floor. Be careful on the second-de- the majority whip. floor on the Republican side who have gree amendment. It goes far beyond Mr. MCCONNELL. Madam President, said this is all political and it is not what they intended. I thank my friend from Minnesota. that important and why don’t we get Mr. REID. I yield 1 more minute to While we are talking about poorly back to the bill. It is important. What the Senator from Illinois. drafted amendments, listen to this. Senator REID has offered—an amend- Mr. DURBIN. The Senate Armed Under the Reid amendment, it imposes ment which I am proud to cosponsor— Services Committee had a meeting yes- a standard of strict liability so that a basically says, if you disclose the iden- terday. They discussed FBI reports civil servant who loses his wallet would tity of a covert CIA agent, you lose about Abu Ghraib, about Guantanamo. lose his security clearance. A civil your security clearance. Why? Because They have no control—the members of servant who loses his wallet under the why should we continue to give infor- that committee—about how those re- Reid amendment would lose his secu- mation to people about those who are ports will be used by others. Here is the rity clearance. What is the point of all risking their lives for America if they Al-Jazeera Web site which referred to this? We ought not to be, as Senator are going to misuse it, in this case, for Senators on that committee who were COLLINS pointed out, having these po- political purposes? That is what this is using those reports. Under the lan- litical debates on this bill. But if our all about. It is fundamental and basic. guage of the amendment being offered colleagues on the other side insist on For those who say: I am going to vote by the Senator from Kentucky and the trying to offer these kinds of amend- against that, think about what you are majority leader, these Senators, who ments, I think the point needs to be saying. You are saying a person can believed they were doing their job, made clearly that there will be amend- disclose the identity of a CIA agent and would lose their security clearance. I ments offered on this side. In other still keep their security clearance, know they are trying to come back and words, this kind of political games- gathering more information and the attack us and say, if you are going to manship on the Senate floor will not

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8278 CONGRESSIONAL RECORD — SENATE July 14, 2005 stand, will not be yielded to, will not have come a bit late to this understanding, years, which has a standard of know- succeed. In the end, the public will and then only to protect their own, but the ingly, willfully, and negligently. It only get the impression that we are logic of their argument is that Mr. Rove did covers the kind of conduct that you playing games here when we should be nothing wrong either. want to have covered. The same can’t be said for Mr. Wilson, who dealing with their business. Their busi- first ‘‘outed’’ himself as a CIA consultant in The bottom line is this is about poli- ness, the underlying bill, is the Home- a melodramatic New York Times op-ed in tics, that we have wasted a lot of the land Security bill, of extraordinary im- July 2003. At the time he claimed to have time of this body—the greatest delib- portance to our country. Hopefully, thoroughly debunked the Iraq-Niger erative body in the world—and this is shortly the time will run out, and we yellowcake uranium connection that Presi- not a shining moment. Let’s get about will get back to doing the people’s dent Bush had mentioned in his now famous doing our business and passing appro- business. ‘‘16 words’’ on the subject in that year’s priations, shoring up homeland de- I yield the floor. State of the Union address. fense. Let’s put the politics aside and Mr. Wilson also vehemently denied it when The PRESIDING OFFICER. The Sen- columnist Robert Novak first reported that let the special counsel do his work. ator from Minnesota. his wife had played a role in selecting him Let’s lower the level of the rhetoric Mr. COLEMAN. Madam President, for the Niger mission. He promptly signed up and move on and keep doing the busi- before we close, I do want to get back as adviser to the Kerry campaign and was ness of the people. to perhaps some of the underlying facts feted almost everywhere in the media, in- With that, I yield the floor and yield that motivated this amendment. By cluding repeat appearances on NBC’s ‘‘Meet back the remainder of my time. the way, we don’t know the facts. We the Press’’ and a photo spread (with Valerie) The PRESIDING OFFICER. The just know what we have read. The in Vanity Fair. Democratic leader is recognized. But his day in the political sun was short- Democratic leader cited a poll that ap- lived. The bipartisan Senate Intelligence Mr. REID. Madam President, I will peared in the Wall Street Journal. I Committee report last July cited the note use my leader time. I believe this is a have an editorial that appeared in the that Ms. Plame had sent recommending her shining moment. It is shining the spot- Wall Street Journal yesterday, July 13. * * * * * light on what is going on in this coun- I ask unanimous consent to print it in Mr. COLEMAN. It talks about Karl try—abuse of power, diversion, and, of the RECORD. Rove the ‘‘whistleblower.’’ I don’t want course, a coverup. There being no objection, the mate- to read all of it, but in part it reads: The analogy my dear friend from rial was ordered to be printed in the Kentucky used about the wallet is, for For Mr. Rove is turning out to be the real RECORD, as follows: ‘‘whistleblower’’ in this whole sorry lack of a better description, without [From the Wall Street Journal, July 13, 2005] pseudoscandal. He’s the one who warned foundation. Anybody who thinks what KARL ROVE, WHISTLEBLOWER Time’s Matthew Cooper and other reporters we are doing is unimportant, I invite Democrats and most of the Beltway press to be wary of Mr. Wilson’s credibility. He’s them to travel with me—as I did a corps are baying for Karl Rove’s head over the one who told the press the truth that Mr. number of years ago—to the CIA. When his role in exposing a case of CIA nepotism Wilson had been recommended for the CIA you walk into that facility at Langley, involving Joe Wilson and his wife, Valerie consulting gig by his wife, not by Vice Presi- the first thing you see are the stars up Plame. On the contrary, we’d say the White dent Dick Cheney as Mr. Wilson was assert- on the wall for each CIA agent who has ing on the airwaves. In short, Mr. Rove pro- House political guru deserves a prize—per- been slain, killed in the line of duty. I haps the next iteration of the ‘‘Truth-Tell- vided important background so Americans could understand that Mr. Wilson wasn’t a have never forgotten that. That is ing’’ award that The Nation magazine be- what this is all about. stowed upon Mr. Wilson before the Senate whistleblower but was a partisan trying to Intelligence Committee exposed him as a discredit the Iraq War in an election cam- We have someone who has obviously fraud. paign. disclosed a name. We read it in the For Mr. Rove is turning out to be the real I believe what I have read, that Mr. paper. Whether it is Karl Rove, I don’t ‘‘whistleblower’’ in this whole sorry pseudo- Rove may have said it was Wilson’s know. Someone did. This amendment scandal. He’s the one who warned Time’s wife who worked at the CIA. We don’t says if someone does that, they should Matthew Cooper and other reporters to be know that. Did he know she was a cov- not have a security clearance. My wary of Mr. Wilson’s credibility. He’s the one ert agent. We don’t know. friend, who I care a great deal about, who told the press the truth that Mr. Wilson the chairman of the homeland security had been recommended for the CIA con- It goes on and on to talk about the sulting gig by his wife, not by Vice President 1982 law: authorizing committee, came to the Dick Cheney as Mr. Wilson was asserting on . . . Mr. Rove would had to have delib- floor and said the American people are the airwaves. In short, Mr. Rove provided erately and maliciously exposed Ms. Plame fed up with what happened. She is right important background so Americans could knowing that she was an undercover agent about that, too, because not much hap- understand that Mr. Wilson wasn’t a whistle- and using information he’d obtained in an of- pens on issues they care about—issues blower but was a partisan trying to discredit ficial capacity. But it appears Mr. Rove like this staggering deficit. There was the Iraq War in an election campaign. Thank didn’t even know Ms. Plame’s name and had a celebration at the White House yes- you, Mr. Rove. only heard about her work at Langley from terday because the deficit was only the Media chants aside, there’s no evidence other journalists. that Mr. Rove broke any laws in telling re- third largest in the history of the coun- We don’t know what he knows, try. Education is failing. We know we porters that Ms. Plame may have played a Madam President. That is why there is role in her husband’s selection for a 2002 mis- have all kinds of problems in health sion to investigate reports that Iraq was a special counsel, and we should wait care. Those are the issues we should be seeking uranium ore in Niger. To be pros- to find out what he finds. Nobody is ar- dealing with. Gas prices—maybe people ecuted under the 1982 Intelligence Identities guing about debating these issues, but care about that. We know they do. Protection Act, Mr. Rove would had to have we are arguing about passing legisla- So this is important. But when my deliberately and maliciously exposed Ms. tion. Contrary to what my friend from friends on the other side are on the Plame knowing that she was an undercover New Jersey says, we are writing a law. agent and using information he’d obtained in ropes, they attack. Just like in the I want to remind my colleagues that Washington Post yesterday, I quote an official capacity. But it appears Mr. Rove we are writing a law that doesn’t, on didn’t even know Ms. Plame’s name and had again: its face, in the language of it, cover us. only heard bout her work at Langley from The emerging GOP strategy, devised by other Journalists. As my friend from Alabama said, they RNC Chairman Ken Mehlman, is to try to On the ‘‘no underlying crime’’ point, more- say it covers us, but it doesn’t. We undermine those Democrats calling for over, no less than the New York Times and don’t come under the definition of Fed- Rove’s ouster, play down Rove’s role, and Washington Post now agree. So do the 136 eral employees. So we are not covered wait for President Bush’s forthcoming Su- major news organizations that filed a legal by this hastily crafted, politically mo- preme Court selection to drown out the con- brief in March aimed at keeping Mr. Cooper tivated amendment. This covers inad- troversy. and the New York Times’s Judith Miller out vertent, accidental, an act of God, any- This is a coverup, an abuse of power, of jail. ‘‘While an investigation of the leak was thing, and your career is going to be and it is a diversion. They have no in- justified, it is far from clear—at least on the impacted. terest in coming clean and being hon- public record—that a crime took place,’’ the There is a reason we have an Execu- est with the American people. The Post noted the other day. Granted the media tive order that has been in effect for 10 American people are seeing through

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8279 this. When I mentioned the Wall Street ter to the American people, such as There appears to be a sufficient sec- Journal, I say to my friend from Min- homeland security, protecting our ond. nesota, I wasn’t vouching for the edi- country from terrorist attacks, The yeas and nays are ordered. torial policy. I don’t read them. I was strengthening our highways and trans- The clerk will call the roll. vouching for a news story that had a portation infrastructure, and pursuing The assistant legislative clerk called poll they conducted with NBC. The poll a national energy policy. the roll. showed that only 41 percent of Ameri- I urge my colleagues to let civility Mr. MCCONNELL. The following Sen- cans believe the President is being hon- and duty to the American people pre- ators are necessarily absent: the Sen- est and straightforward. That is what vail. Oppose the Reid amendment; sup- ator from South Carolina (Mr. this is about. It is a coverup, an abuse port the Frist amendment. DEMINT), and the Senator from Mis- of power, and a diversion. I yield the floor. sissippi (Mr. LOTT). It is time to quit playing partisan The PRESIDING OFFICER. The Further, if present and voting, the politics and do some legislating for the question is on agreeing to the Frist Senator from South Carolina (Mr. American people. It is time for the amendment. DEMINT) would have voted ‘‘no.’’ White House to come clean. Everyone Mr. REID. Madam President, I ask Mr. DURBIN. I announce that the should support this amendment. for the yeas and nays. Senator from Maryland (Ms. MIKULSKI) I yield the floor. The PRESIDING OFFICER. Is there a is necessarily absent. The PRESIDING OFFICER. All time sufficient second? There is a sufficient The PRESIDING OFFICER (Mr. has expired. The majority leader is rec- second. ALLEN). Are there any other Senators ognized. The clerk will call the roll. in the Chamber desiring to vote? Mr. FRIST. Madam President, I will The legislative clerk called the roll. The result was announced—yeas 44, speak in leader time. For nearly 2 Mr. MCCONNELL. The following Sen- nays 53, as follows: ators were necessarily absent: the Sen- weeks, we have been working in a bi- [Rollcall Vote No. 188 Leg.] ator from South Carolina (Mr. partisan manner for the goal of passing YEAS—44 DEMINT), and the Senator from Mis- the Homeland Security bill, which Akaka Durbin Lincoln spends almost $32 billion for homeland sissippi (Mr. LOTT). Further, if present and voting, the Baucus Feingold Murray security, all of which is one of our Bayh Feinstein Nelson (FL) most basic responsibilities, and that is Senator from South Carolina (Mr. Biden Harkin Nelson (NE) Bingaman Inouye to keep the American people safe and DEMINT) would have voted ‘‘yea.’’ Obama Mr. DURBIN. I announce that the Boxer Jeffords Pryor secure. Byrd Johnson Senator from Maryland (Ms. MIKULSKI) Reed That is what the Senate, this body, Cantwell Kennedy Reid is necessarily absent. Carper Kerry Rockefeller was hard at work doing—up until about Clinton Kohl The PRESIDING OFFICER. Are there Salazar 2 hours ago, when the Democratic lead- Conrad Landrieu any other Senators in the Chamber de- Sarbanes ership chose raw, partisan party poli- Corzine Lautenberg siring to vote? Schumer tics over protecting American lives. Dayton Leahy The result was announced—yeas 33, Dodd Levin Stabenow They filed their political amendments. nays 64, as follows: Dorgan Lieberman Wyden You know, the American people want [Rollcall Vote No. 187 Leg.] better from their leaders than petty NAYS—53 politics. Through their votes, they YEAS—33 Alexander DeWine McConnell have put their trust in us, and they Alexander Craig Inhofe Allard Dole Murkowski Allard Crapo Isakson Allen Domenici Roberts have elected us to serve their interests Bennett Dole Kyl Bennett Ensign Santorum and, thus, this is a sad and a dis- Bond Domenici Martinez Bond Enzi Sessions appointing afternoon in the Senate. Bunning Ensign McConnell Brownback Frist Shelby Bunning Graham Madam President, there is a special Burns Enzi Santorum Smith Burr Frist Shelby Burns Grassley Snowe Burr Gregg counsel who has been appointed to look Coburn Grassley Smith Specter Chafee Hagel at the whole issue of the CIA leak case. Cochran Gregg Specter Stevens Chambliss Hatch He is doing his job and he is inves- Coleman Hatch Stevens Sununu Cornyn Hutchison Vitter Coburn Hutchison tigating this whole matter. Do my col- Cochran Inhofe Talent leagues on the other side of the aisle NAYS—64 Coleman Isakson Thomas Thune Akaka Feingold Nelson (NE) Collins Kyl think that without any of the facts, Vitter Allen Feinstein Obama Cornyn Lugar the hundreds of hours of manpower, Voinovich Baucus Graham Pryor Craig Martinez Crapo McCain Warner and interviews, and the investigation Bayh Hagel Reed that the special counsel has done, they Biden Harkin Reid NOT VOTING—3 are better equipped to judge the facts Bingaman Inouye Roberts DeMint Lott Mikulski of this case? Boxer Jeffords Rockefeller Brownback Johnson Salazar We should let the special counsel do Byrd Kennedy The amendment (No. 1222) was re- Sarbanes Cantwell Kerry jected. his job, and we should focus on our jobs Schumer Carper Kohl Mr. REID. Mr. President, I move to as Senators, which is, first and fore- Sessions Chafee Landrieu reconsider the vote. most, protecting the American people. Chambliss Lautenberg Snowe Lastly, I want to say that I think the Clinton Leahy Stabenow Mr. GREGG. I move to lay that mo- first speech I gave in this Congress was Collins Levin Sununu tion on the table. Talent an olive branch to reach out and say Conrad Lieberman The motion to lay on the table was Corzine Lincoln Thomas agreed to. let’s focus on civility. I thought the Dayton Lugar Thune bitterly contested elections that we DeWine McCain Voinovich Mr. GREGG. Mr. President, we are saw—once they were behind us, I Dodd Murkowski Warner getting close to the end here. We hope Dorgan Murray Wyden there will be one vote left and that will thought we could focus on doing the Durbin Nelson (FL) Nation’s business, moving America for- be on final passage. NOT VOTING—3 ward, governing. AMENDMENTS NOS. 1160, 1206, AND 1110, EN BLOC Unfortunately, even on an issue that DeMint Lott Mikulski I do, however, initially ask unani- we should all agree on—homeland secu- The amendment was rejected. mous consent that the following rity—my colleagues prefer to score po- VOTE ON AMENDMENT NO. 1222 amendments be called up: No. 1160, Mr. litical points rather than focusing on The PRESIDING OFFICER. The REID; No. 1206, Mr. SARBANES; No. 1110, the Nation’s business. It is this kind of question is on agreeing to the amend- Ms. LANDRIEU; and that they be agreed political stunt that causes many Amer- ment. to by unanimous consent, en bloc. icans watching to lose faith in this Mr. DURBIN. I ask for the yeas and The PRESIDING OFFICER. Is there body, in elected officials. Let’s get nays. objection? back to serving our constituents and The PRESIDING OFFICER. Is there a Mr. MCCAIN. Reserving the right to get back to the issues that really mat- sufficient second? object.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8280 CONGRESSIONAL RECORD — SENATE July 14, 2005 The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- rity Council, a group of Cabinet officials and ator from Arizona. ator from New Hampshire Mr. GREGG. I senior advisors to the President and Vice Mr. MCCAIN. I object. will reserve on all three of these until President, (in this section referred to as the Mr. GREGG. We will hold off and re- the Senator— ‘‘Council’’). (6) In May 2005, Secretary of Homeland Se- serve the right on that. Mr. REID. Mr. President, with the curity Tom Ridge revealed that there was The PRESIDING OFFICER. The permission of the Senator from Ari- often considerable disagreement among the Democratic leader. zona, I would ask that a quorum be members of the Council as to whether or not Mr. REID. I withdraw amendment called. the threat level should be raised. No. 1200. I note the absence of a quorum. (7) There remains considerable confusion The PRESIDING OFFICER. Without The PRESIDING OFFICER. The among the public and State and local gov- objection, it is so ordered. clerk will please call the roll. ernment officials as to the decision-making process and criteria used by the Council in AMENDMENT NO. 1224 The assistant legislative clerk pro- ceeded to call the roll. deciding whether the threat level should be Mr. REID. I send an amendment to raised to Code Orange. the desk for Senators BYRD and STABE- Mr. GREGG. Mr. President, I ask (b) Not later than 180 days after the date of NOW. unanimous consent that that the order the enactment of this Act, the Comptroller The PRESIDING OFFICER. The for the quorum call be rescinded. General of the United States shall conduct a clerk will report. The PRESIDING OFFICER. Without study examining the six occasions in which the Homeland Security Advisory System was The legislative clerk read as follows: objection, it is so ordered. Mr. GREGG. Mr. President, I would raised to Code Orange prior to July 2005 and The Senator from Nevada (Mr. REID), for ask unanimous consent that amend- submit to Congress a report on such study. Mr. BYRD, for himself, and Ms. STABENOW, (c) The report required by subsection (b) proposes an amendment numbered 1224. ments Nos. 1206 and 1110, Senator SAR- shall include an explanation and analysis of Mr. REID. I ask unanimous consent BANES and Senator LANDRIEU, and the the decision-making process used by the the reading of the amendment be dis- Reid amendment, I think it is 1160, Council to raise the threat level to Code Or- which I raised prior to this, be agreed ange in each of the six instances prior to pensed with. July 2005, including— The PRESIDING OFFICER. Without to, as modified. The PRESIDING OFFICER. Is there (1) the criteria and standards used by the objection, it is so ordered. Council in reaching its decision; objection? The Chair hears none, and it The amendment is as follows: (2) a description of deliberations and votes is so ordered. of the Council were conducted, and whether On page 81, line 24, increase the first The amendments (Nos. 1206, 1110, and amount by $50,000,000. any of the deliberations and votes have been On page 82, line 4, after ‘‘tion’’ insert ‘‘Pro- 1160, as modified) were agreed to, as transcribed or were otherwise recorded in vided further, That an additional $50,000,000 follows: some manner; shall be available to carry out section 33 (15 AMENDMENT NO. 1206 (4) an explanation for the decision, on the U.S.C. 2229)’’. (Purpose: To require that funds be made sixth occasion, for the threat level to remain On page 77, line 20, increase the amount by available for the United States Fire Ad- elevated for 98 days, and what role, if any, $20,000,000. ministration) staff of the White House played in the deci- sion to raise the level on that occasion; On page 77, line 24, after ‘‘grants’’ insert ‘‘, On page 83, line 26, strike the period at the and of which at least $20,000,000 shall be (5) a description of the direct and indirect end and insert ‘‘: Provided further, That of costs incurred by cities, States, or the Fed- available for interoperable communications the total amount made available under this grants’’. eral Government after the threat level was heading, $52,600,000 shall be for the United raised to Code Orange on each of the six oc- On page 85, line 18, after ‘‘expended’’ insert States Fire Administration.’’. ‘‘: Provided, That the aforementioned sum casions; and shall be reduced by $70,000,000’’. AMENDMENT NO. 1110 (6) the recommendations of the Comp- On page 82, line 21, strike ‘‘$5,000,000’’ and (Purpose: To give priority for port security troller General of the United States, if any, insert ‘‘3,000,000’’. grants to ports with high impact targets, for improving the Homeland Security Advi- sory System, including recommendations re- Mr. REID. Mr. President, does any- including ports that accommodate liquified petroleum vessels or are close to garding— one want to speak on this issue? liquified natural gas facilities) (A) measures that could be carried out to The PRESIDING OFFICER. Is there On page 78, line 19, insert ‘‘or the prox- build greater public awareness and con- debate on the amendment? imity of existing or planned high impact tar- fidence in the work of the Council; Mr. MCCAIN. I object. gets, including liquified natural gas facilities (B) whether the Council and the Secretary The PRESIDING OFFICER. Objec- and liquified petroleum vessels,’’ after of Homeland Security could benefit from tion is heard. ‘‘threat’’. greater transparency and the development of more clearly articulated public standards in Mr. MCCAIN. I have to see the AMENDMENT NO. 1160 the threat level decision-making process; amendment. I object. On page 100, between lines 11 and 12, insert (C) whether the current composition of the Mr. President, may I be recognized? the following: Council should be modified to include rep- The PRESIDING OFFICER. The Sen- SEC. 519.(a) Congress makes the following resentatives from the States; and ator from Arizona is recognized. findings: (D) the measures that could be carried out Mr. MCCAIN. I tell my colleagues we (1) The Homeland Security Advisory Sys- to minimize the costs to States and munici- are about to have final passage, and tem had been raised to threat level Code Or- palities during periods when the Homeland they are trying to run several amend- ange, a level which indicates a high risk of Security Advisory System is raised to level terrorist attack, on six occasions since the ments through I have haven’t seen. I to Code Orange. Advisory System was created in March 2002, (d) The report required by subsection (b) object to it. I would like to see the prior to the rasing of the threat level to Code shall be submitted in an unclassified form. amendments. I think I have that right Orange following the bombings that occurred AMENDMENT NO. 1206 as a Member of this body. So I object in London on July 7, 2005. Mr. SARBANES. Mr. President, I of- (2) The Code Orange threat level remained to any amendment that I have not fered an amendment that would ensure seen. in place for an average of 13 days on each of the first five occasions that it was raised to the continued funding and operation of Mr. GREGG. Is the Senator com- the United States Fire Administration. fortable with the three we just sent that level. (3) The sixth elevation of the threat level I offered this amendment on behalf of over? to Code Orange occurred in August 2004 and myself and the three other Cochairmen I would ask the Chair if the Senator ended 98 days later, making it four times of the Congressional Fire Services Cau- has seen the three I mentioned for longer than any other such alert and consti- cus, Senators DEWINE, BIDEN, and unanimous consent. tuting half of the days that the United MCCAIN, as well as Senators MIKULSKI, Mr. MCCAIN. I am looking at them States has been under a high risk of terrorist MURRAY, FEINGOLD, CORZINE, and STA- attack. now. BENOW. I do not object to 1110 now that I (4) The Conference of Mayors estimates This amendment simply designates have seen it. that cities in the United States spend some $70,000,000 per week to implement security $52.6 million in funds for the United Mr. GREGG. The three that we just measures associated with the Code Orange States Fire Administration, USFA. sent up? threat level. This amount is equal to the Adminis- Mr. MCCAIN. I haven’t seen the other (5) The recommendation to elevate the tration’s fiscal year 2006 budget re- two. threat level is made by the Homeland Secu- quest, and represents a slight increase

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8281 of $1.3 million over last year’s funding chief of the Miami-Dade County Fire INTERNATIONAL ASSOCIATION OF level. Department. FIRE CHIEFS, The amendment calls for no addi- Fairfax, VA, July 11, 2005. Among USFA’s most vital functions tional funding in the underlying bill, Hon. PAUL S. SARBANES, is its role as the Nation’s premier and thus requires no offset. USFA has U.S. Senate, training center for our fire service Washington, DC. traditionally been funded through the leaders. The National Fire Academy is DEAR SENATOR SARBANES: Thank you for Department’s preparation, mitigation, the centerpiece of USFA’s training pro- offering an amendment to the fiscal year response, and recovery account. How- (FY) 2006 homeland security appropriations ever, without a congressional alloca- grams and has educated an estimated bill to ensure that the U.S. Fire Administra- tion or line item for USFA in the De- 1.4 million fire leaders since its first tion (USFA) is funded at $52.6 million. The partment’s annual appropriations bill, class was held in 1975. Although International Association of Fire Chiefs headquartered in Emmitsburg, Mary- (IAFC) endorses this amendment. We believe Congress has failed to adequately ac- that specific, dedicated funding for the knowledge its continued support for land, the Academy conducts courses all over the Nation in order to maximize USFA will shine a light on the agency’s crit- the use of these funds. As a result, ical role in preparing firefighters to respond there is annual confusion and uncer- the number of fire leaders who can ben- to all hazards, from the everyday house fire tainty regarding the level of funding efit from its instructors’ expertise. Sig- to a terrorist attack. An appropriation of USFA will ultimately receive. This nificantly, the Academy now offers $52.6 million will allow the USFA to fulfill amendment is therefore simply an ex- training and coursework in the Na- this important mission. tional Incident Management System, Established in 1873, the IAFC is a network ercise in good government, providing of more than 12,000 chief fire and emergency transparency and accountability in NIMS, and the National Response Plan, officers. Our members are the nation’s ex- how we allocate our limited homeland NRP, two critical elements of our over- perts in responding to structural and security funds. all homeland security strategy. USFA wildland fires, hazardous materials incidents This amendment is also quite mod- also houses the Emergency Manage- (including chemical, biological, radiological, est. In 2003, the Senate unanimously ment Institute, EMI, which offers a full and nuclear events), technical rescues (in- approved legislation to reauthorize complement of courses and programs cluding swiftwater rescues, confined-space for state, local, and tribal emergency rescues, and auto extrication), and emer- USFA through fiscal year 2008. This gency medical situations. legislation, which was signed into law management officials from across the In late 2004, many fire service leaders by the President on December 6, 2003, country. began to express concern that the USFA and calls for $64.85 million in the coming Since the creation of the Department its training arm, the National Fire Academy fiscal year for USFA’s operations. of Homeland Security 3 years ago, (NFA), were suffering a diminished role with- While I believe USFA should ideally re- in the U.S. Department of Homeland Secu- there have been grave concerns in the rity (DHS), as well as diminished funding. On ceive funding at this fully authorized first responder community that efforts February 24, 2005, representatives of 17 major level, this amendment is a bipartisan were underway in the Department to fire service organizations met in Wash- compromise that will ensure that, at a reduce the role of USFA, as well as its ington, DC to examine USFA’s funding and minimum, the agency will be able to support, perhaps culminating in the decide upon a course of action. U.S. Fire Ad- maintain its essential functions. agency’s eventual demise. This past ministrator R. David Paulison and Acting At a time when there are sharp dis- February, the International Associa- FEMA Director of Operations Kenneth O. Burris briefed the attendees on the status of agreements over our homeland security tion of Fire Chiefs held a summit meet- priorities, the U.S. Fire Administra- funding at USFA and NFA and addressed the ing of 17 major fire service organiza- future of those agencies. tion remains a proven investment, pro- tions to address concerns about With regard to USFA funding, the results viding critical training and resources USFA’s funding, and its future within of the summit can be boiled down to this: to our Nation’s first responders. In this the Department of Homeland Security. America’s fire and emergency services are regard, I was pleased that Homeland the first to respond to—and the last to Security Secretary Michael Chertoff, On April 8, 2005, the findings of that leave—any incident, large or small. The U.S. in his remarks yesterday unveiling the summit were unanimously endorsed by Fire Administration serves as the lead fed- Department’s Second Stage Review Re- the 45 national fire groups that com- eral agency in addressing the federal govern- prise the National Advisory Committee ment’s role vis-a` -vis our nation’s fire and sults, affirmed USFA’s important role emergency services, and training America’s in the transformed Department. In des- of the Congressional Fire Services In- stitute. Among the goals in this agree- fire service leaders on everyday fire fighting ignating USFA as a constituent ele- as well as new national preparedness require- ment of the Department’s new Pre- ment was the following: ments such as the National Response Plan paredness Directorate, Secretary [T]he fire service recommends that both (NRP) and the National Incident Manage- Chertoff noted the Fire Administra- the President’s budget and the DHS’s appro- ment System (NIMS). The USFA also plays a tion’s expertise, declaring that this priations bills have a separate line item for key role in coordinating critical infrastruc- the USFA. Currently, the USFA funding is ture protection awareness and information- move would ‘‘strengthen our linkages sharing activities for the emergency man- and our preparation within the fire included in the ‘‘Preparedness, Mitigation, Response, and Recovery’’ account, and it is agement and response sector. Because of its services.’’ hard to determine exactly how much money unique role, USFA must have adequate re- In 1973, a landmark report entitled has been appropriated for the USFA. Since sources to fulfill its mandated mission. The fire service organizations believe that America Burning was produced by the Congress specifically authorizes funding for USFA is under-funded. In 2003, Congress National Commission on Fire Preven- the USFA in a separate bill, there also passed the United States Fire Administra- tion and Control. Among many other should be a line item in the president’s budg- tion Reauthorization Act of 2003 (P.L. 108– et and appropriations bills to hold the Presi- findings and recommendations, Amer- 169), which authorized funding for USFA dent and Congress accountable to the au- ica Burning called for the creation of a from FY 2004 through FY 2009. Congress au- national agency dedicated to serving thorization levels that they approved. thorized $63 million for USFA in FY 2005 and and improving the fire services. In re- This amendment would achieve this $64.9 million in FY 2006. By contrast, the es- sponse to that report, Congress created reasonable and modest goal, which was timated USFA funding for FY 2005 is $51.3 such an agency in 1974, which would million, of which $9.6 million will fund the unanimously and vigorously supported NFA. At the February 24th summit, the U.S. later become what we now know as the by our Nation’s major fire service United States Fire Administration. Fire Administrator informed the fire service groups. representatives that the president intends to USFA provides training, guidance, and This amendment is endorsed by the fund the USFA at $52.6 million in FY 2006. support to firehouses around the coun- If funded at $52.6 million, USFA will be try from those who understand them International Association of Fire able to expand its training capabilities and best—fire service professionals them- Chiefs and the Congressional Fire Serv- enhance its course development, ensuring selves. USFA’s current Administrator, ices Institute. I ask unanimous consent that the NRP and the NIMS were included in R. David Paulison, is a terrific example that a letter from IAFC President Bob every course. It would allow the USFA to DiPoli be printed in the RECORD. add more courses and hire staff to replace re- of the agency’s expertise. Chief tirees. USFA could streamline two-week Paulison, who has ably led the agency There being no objection, the mate- courses into one-week courses by adding a for the past 4 years, is a 30-year vet- rial was ordered to be printed in the more robust and interactive online compo- eran of the fire services and former RECORD, as follows: nent, thereby allowing more students to

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8282 CONGRESSIONAL RECORD — SENATE July 14, 2005 take classes at the NFA. The USFA could AMENDMENT NO. 1216, AS MODIFIED Mrs. BOXER. Mr. President, I ask use the increased funding to improve and ex- Mr. GREGG. Mr. President, I now ask unanimous consent that Senators JEF- pand other online courses. Finally, the unanimous consent that we turn to the FORDS, VOINOVICH, and CARPER be added USFA could expand national prevention, Boxer amendment and she be recog- as cosponsors. public education, research, and data collec- tion programs to more effectively address nized for 2 minutes on that amend- The PRESIDING OFFICER. Without fire and life safety challenges that threaten ment. objection, it is so ordered. lives and the national infrastructure. The PRESIDING OFFICER. The Sen- Mrs. BOXER. I thank my colleagues. According to a December 30, 2004 editorial ator from California is recognized for a AMENDMENTS NOS. 1140 AND 1144, AS MODIFIED, in Fire Chief magazine, current USFA fund- period of 2 minutes. EN BLOC ing levels are putting on hold new course de- Mrs. BOXER. I thank the Chair so The PRESIDING OFFICER. The Sen- velopment, course revisions and contract re- much. I call up amendment No. 1216, on ator from New Hampshire. viewers for applied research projects. The behalf of myself and Senator INHOFE. Mr. GREGG. Mr. President, I call up budget for the Executive Fire Officer Pro- amendments 1144 and 1140 at the desk. gram, which trains senior officers and others The PRESIDING OFFICER. The in key leadership positions with graduate- amendment is pending. I send modifications to those amend- level courses in transforming the fire serv- Mrs. BOXER. Mr. President, since 9/ ments to the desk. I ask that they be ice, has been cut from $233,000 to $65,000. Ac- 11, those of us on the Environment and agreed to en bloc. cording to a high-ranking USFA official who Public Works Committee, in a very bi- The PRESIDING OFFICER. The recently retired, the NFA’s role in the pre- partisan way, have attempted to bring clerk will please report. vention of fires, injuries, and now terrorism legislation to the Senate to begin the The assistant legislative clerk read is rapidly diminishing. Finally, at current process whereby we can protect our nu- as follows. funding levels, it will be difficult for USFA The Senator from New Hampshire [Mr. to train as many firefighters, and to incor- clear power plants, first by making sure that there is an assessment made GREGG], for Mr. SESSIONS, proposes an porate the NIMS and NRP into all of its amendment numbered 1140, as modified. courses, as it could do with higher funding on each power plant, what are their The Senator from New Hampshire [Mr. levels. As of FY 2006, the DHS Office of State vulnerability needs, and then making GREGG], for Mr. MARTINEZ, proposes an and Local Government Coordination and sure that these plants are protected amendment numbered 1144, as modified. Preparedness will begin to tie compliance from terrorists. Mr. GREGG. I ask unanimous con- with the NRP and NIMS to the receipt of fed- We know that on September 10, 2002, eral homeland security funding. Clearly, sent they be agreed to. funding USFA at $52.6 million will benefit in a taped interview on Al-Jazeera, it The PRESIDING OFFICER. Without America’s fire service and public safety gen- included a statement that al-Qaida ini- objection, the amendments are so erally. tially wanted to include a powerplant modified and agreed to. The need for a line item for the USFA in its attacks on the United States. The amendments were agreed to, as budget in the homeland security appropria- And we on the committee passed out a follows: tions bill stems from the fact that the USFA bill and passed another one last month. AMENDMENT NO. 1140 has suffered an unjustly diminished role This amendment says it is the sense of within DHS. Before the department was es- On page 66, line 17, after ‘‘Alert;’’ insert tablished in 2003, only the director of the the Senate it should pass bipartisan the following: Federal Emergency Management Agency legislation to address nuclear power- ‘‘, of which not less than $5,000,000 may be (FEMA) stood between the U.S. Fire Admin- plant security prior to the August re- used to facilitate agreements consistent with istrator and the president. Because FEMA cess. 287(g) of the Immigration and Nationality was the lead federal emergency response Colleagues, we have a limited time. Act (8 U.S.C. 1357(g)) and the training re- quired under those agreements;’’ agency, the fire service could influence the We need to move forward. AMENDMENT NO. 1144 development of response policies and con- I would accept a voice vote, if that is duct training for national emergencies. At the appropriate place insert the fol- OK with Senator GREGG, and I think he Those policies and that training had the ben- lowing: efit of real-world, on-the-ground experience. would prefer that. But we would like to SEC. Senate of the Senate Regarding Threat Assess- However, when the DHS was created, the have a clear voice vote if we could at ment of Major Tourist Attractions. Emergency Preparedness and Response this time. (a) FINDINGS.—Congress finds the fol- (EP&R) Directorate absorbed both FEMA Mr. GREGG. I believe we are ready to lowing: and the USFA. Now, the USFA reports vote. (1) Whereas terrorists target areas of high through FEMA, which reports through the Mrs. BOXER. I send up a modifica- population and national significance in order EP&R Directorate, which reports through to inflict the most damage to a free society. tion. (2) Whereas preparedness is vital in emer- the Secretary of Homeland Security to the The PRESIDING OFFICER. Is there president. gency planning, prevention and response to a A line item would increase the account- objection to the modification of the terrorist attack. ability that the USFA, the EP&R Direc- amendment? Without objection, the (3) Whereas first responders in cities with torate, and the DHS have to Congress. Good amendment is so modified. nationally significant tourist populations government principles dictate that an agen- The question is on agreeing to the face increased strain in training and prepara- cy having its own authorization bill should amendment, as modified. tion for terrorism. have an individual appropriation. A line The amendment (No. 1216), as modi- (4) Whereas cities with nationally signifi- cant tourist populations have been pre- item would allow Congress—which deemed fied, was agreed to, as follows: the USFA important enough to have its own viously targeted by terrorist groups in an ef- authorization—the ability to judge for itself At the appropriate place, insert the fol- fort to disrupt the economy and spread fear whether the USFA is using appropriated lowing: and anxiety. funds to the maximum public benefit. SEC. . STRENGTHENING SECURITY AT NU- (5) Whereas tens of millions of Americans For these reasons, the IAFC is pleased to CLEAR POWER PLANTS. travel to tourist destinations annually and endorse your amendment. I applaud you for (a) FINDINGS.—The Senate finds that— many of those destinations lie outside of taking a leadership role on this very impor- (1) A taped interview shown on al-Jazeera major cities and therefore are not ade- tant national safety issue. television on September 10, 2002, included a quately addressed by threat assessments Sincerely, statement that al Qaeda initially planned to that only include permanent city residents. CHIEF ROBERT A. DIPOLI, RET., include a nuclear power plant in its 2001 at- (b) SENSE OF THE SENATE.—It is the sense President. tacks on the United States. of the Senate that in the assessment of (2) In the 108th Congress, the Senate Envi- Mr. SARBANES. I urge my col- threat as it relates to the dispersal of De- ronment and Public Works Committee ap- partment of Homeland Security funding the leagues to support this amendment. proved bipartisan legislation to improve nu- Secretary should consider tourism destina- AMENDMENT NO. 1224 clear plant security. No action was taken by tions that attract tens of millions of visitors Mr. GREGG. Mr. President, I now ask the full Senate. annually as potentially high risk targets. unanimous consent that the amend- (3) Last month, the Senate Environment Mr. GREGG. Mr. President, I move to ment that Senator REID called up on and Public Works Committee again approved reconsider the vote and I move to lay bipartisan legislation to improve nuclear behalf of Senator BYRD, 1224, be agreed that motion on the table. plant security. The motion was agreed to. to. (b) SENSE OF THE SENATE.—It is the sense The PRESIDING OFFICER. Without of the Senate that the Congress should pass AMENDMENTS NOS. 1139, AS MODIFIED, AND 1225, objection, the amendment is agreed to. bipartisan legislation to address nuclear EN BLOC The amendment (No. 1224) was agreed power plant security prior to the August re- Mr. GREGG. I call up amendment to. cess. 1139 and send a modification to the

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8283 desk on behalf of Senator SESSIONS. I This is a commonsense, bipartisan tors. Again, this is not rocket science. send to the desk a second degree to amendment that will address two prob- This is commonsense, smart govern- that amendment proposed by Senator lems the Permanent Subcommittee on ment that I think our constituents just KENNEDY. I ask they be agreed to en Investigations identified in separate expect from us. bloc. hearings. First is the issue of Federal At a second hearing on November 6, The PRESIDING OFFICER. The contractors who continue to get new 2003, the subcommittee heard testi- clerk will please report. contracts even though they owe mil- mony that the Department of Defense The assistant legislative clerk read lions of dollars in unpaid taxes. And had spent $123.8 million on first and as follows: second is the Government’s inability to business class travel in 2001 and 2002 The Senator from New Hampshire [Mr. monitor the unnecessary expenditure and that 73 percent of this travel was GREGG], for Mr. SESSIONS, proposes an of millions of dollars by DOD personnel not properly authorized or justified. amendment numbered 1139. on first and business class airline tick- This resulted in a loss of millions of The PRESIDING OFFICER. The ets. dollars. The Office of Management and clerk will please report the second-de- I am pleased to be joined by my good Budget requires all Federal agencies to gree amendment. friends and colleagues, Senator LEVIN, annually report their first class travel The assistant legislative clerk read the ranking Democrat on the Perma- to the General Services Administration as follows: nent Subcommittee on Investigations, in order to monitor travel for potential The Senator from New Hampshire [Mr. Senator WYDEN, Senator AKAKA and abuse. However, $120.9 million of the GREGG], for Mr. KENNEDY, proposes an Senator COBURN. $123.8 million that DOD spent was for amendment numbered 1225 to amendment If my colleagues are concerned about business class travel. For example, one numbered 1139. the deficit, concerned about saving the DOD traveler spent $9,500 on a business Mr. GREGG. I ask unanimous con- taxpayer money, then our amendment class ticket which could have been pur- sent the amendments be agreed to. should be an easy one to support. Who chased for $2,500 in coach class. Be- The PRESIDING OFFICER. Without doesn’t support making certain that cause this traveler used business class objection, the amendments are agreed those who do business, with the Gov- it would not have been reported. Given to. ernment pay the taxes they admittedly that the preponderance of DOD’s abu- The amendments were agreed to, as owe? And who doesn’t think that Gov- sive travel was business class, the follows: ernment employees like those at DOD abuse at DOD could not have been iden- AMENDMENT NO. 1139 should fly coach rather than first or tified from DOD’s annual travel report. On page 66, line 6, strike ‘‘$3,050,416,000’’ business class? This is common sense. The second section of my amendment and insert ‘‘$3,052,416,000.’’ Let me get into the specifics. corrects this for all Federal agencies On page 66, line 17 after ‘‘Alert;’’ insert the by requiring the annual travel report following: On June 16, 2005, the Permanent Sub- committee on Investigations, which I to include both first and business class ‘‘of which no less than $1,000,000 may be used airline travel and further requires that for increasing the speed, accuracy and effi- chair, learned there are problems that prevent the Government from col- the report be furnished to the Home- ciency of the information currently being en- land Security and Governmental Af- tered into the National Crime Information lecting unpaid taxes from Federal con- Center database;’’ tractors. Even more troubling is the fairs Committee and the House Govern- ment Reform Committee so we can AMENDMENT NO. 1225 fact that these contractors who have more closely monitor Federal travel On page 1, line 8 of the amendment, after not paid their taxes continue to receive the word ‘‘database,’’ insert ‘‘of which no new contracts from the Government. for potential abuse. less than $2,000,000 may be for the Legal Ori- When the Government pays a Federal So, we have an opportunity to do entation Program.’’ contractor, it has the option of paying some smart savings to reduce the def- Mr. GREGG. I move to reconsider the directly from the Treasury or by using icit and that is simply to make sure vote. a credit card. Last year, the Govern- that contractors doing business with Mr. DURBIN. I move to lay that mo- ment paid $10 billion to Federal con- Uncle Sam pay the taxes they owe, and tion on the table. tractors using credit cards. One of the that DOD personnel travel coach when it is on the Government’s dime rather The motion was agreed to. problems we identified is that the Fi- than high on the hog as has been the AMENDMENTS NOS. 1150 AND 1200, WITHDRAWN nancial Management Service, which is Mr. GREGG. Mr. President, I ask case. responsible for collecting unpaid taxes I appreciate the strong bipartisan unanimous consent that amendment from Federal contractors, cannot col- support we have for this amendment, No. 1150, amendment No. 1200 be with- lect these owed taxes unless the con- and particularly for the good work of drawn. tractor is paid directly from the Treas- Senators LEVIN, WYDEN, AKAKA, and The PRESIDING OFFICER. Without ury. When the Government makes pur- COBURN. objection, the amendments are with- chases with a credit card, the bank I hope this commonsense, good Gov- drawn. that issued the card acts as a middle ernment amendment that will help re- REIGNING IN GOVERNMENT CONTRACTORS man between the Treasury and the con- duce our deficit can be adopted by the Mr. COLEMAN. Mr. President, I rise tractor. Thus, the contractor is only Senate as part of the Transportation, today to engage in a colloquy with my known to the bank. For the Govern- Treasury Appropriations Bill. good friend and colleague Senator ment to collect unpaid taxes, we need Mr. BOND. The Senator from Min- BOND, the Chairman of the Transpor- to know which contractors are being nesota is correct. This is an important tation, Treasury, the Judiciary, Hous- paid. issue and I am committed on address- ing and Urban Development, and Re- For example, a NASA contractor who ing with Senator COLEMAN on the lated Agencies Appropriations Sub- owes nearly $200,000 in unpaid taxes Transportation-Treasury appropria- committee. was paid $570,000 last year. Because tions bill for fiscal year 2006, and I look I had intended to offer an amendment they were paid directly from the Treas- forwarding to working with Senator to the Homeland Security Appropria- ury, this contractor had $6,600 withheld COLEMAN in ensuring that this is done. tions bill today. However, I understand from their contract payments to re- Mr. COLEMAN. I am happy to work that Senator BOND has agreed to work duce their tax debt. This same con- with Senator BOND on these issues with me on the issues contained in my tractor also received an additional with, a goal of including these reforms amendment in order to address tax $30,000 but the Government was unable on the Transportation, Treasury Ap- cheats in the Transportation, Treasury to withhold money from this payment propriations bill for fiscal year 2006, I Appropriations bill instead. I appre- for tax debt because the contractor was will not offer the amendment I filed ciate Senator BOND’s interest in this paid with a credit card. and intended to offer to the Homeland important issue and I also appreciate To fix this problem, the first section Security Appropriations bill. I thank his willingness to work with me to en- of my amendment would require the Senator BOND for his strong leadership sure that this common sense, bipar- Government to develop procedures for on the Appropriations Committee and tisan amendment is included in his ap- collecting unpaid taxes when credit his support of this important amend- propriations bill. cards are used to pay Federal contrac- ment.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8284 CONGRESSIONAL RECORD — SENATE July 14, 2005 EXPLOSIVE DETECTION EQUIPMENT be used at different airports, and that stances as these foreigners flee from Mr. LIEBERMAN. Mr. President, I are being made more effective and effi- the southern states as fast as possible rise to engage in a brief colloquy with cient. in order to get north where they be- the chairman and ranking member of Mr GREGG. I think this is everyone’s lieve enforcement is less stringent. the Homeland Security Appropriations objective. With two major arteries for illegal Subcommittee, the Senators from New Mr. LIEBERMAN. I applaud the lead- immigration running through the Hampshire and West Virginia, respec- ership of both the Senator from New southern portion of Utah, citizens in tively. Hampshire and the Senator from West that beautiful area have grown tired of It is my understanding the Senate Virginia in helping to ensure TSA has the strain and difficulties presented by Homeland Security; Appropriations Re- the necessary funding to meet the crit- the flood of illegal immigrants. port includes language designating $50 ical missions of the agency and I appre- Is the distinguished Senator aware of million for ‘‘Next Generation’’ Explo- ciate their hard work on this issue. the significant immigration-related sive Detection Equipment, EDS, that Mr. BYRD. I thank the Senator from problems facing Utah, especially in the ‘‘have been tested, certified and are Connecticut for his interest in this southern portion of the state including being piloted.’’ matter. St. George and Blanding, UT. Mr. GREGG. That is correct. Mr. GREGG. I also thank the Senator Mr. GREGG. I assure you, I under- Mr. LIEBERMAN. I wholeheartedly from Connecticut for his remarks and I stand problems such as those being support the need to encourage new look forward to working with him in faced by the citizens of southern Utah. technologies. However, I think it is im- the future on these issues. Mr. HATCH. I thank the Chairman portant we further clarify the purpose ILLEGAL IMMIGRATION for recognizing what so many people do of this funding stream. Mr. HATCH. Would the gentleman not; namely, that immigration prob- I ask the Chairman ‘‘Is it true the from New Hampshire yield for a ques- lems are not limited to the border Transportation Security Administra- tion? States. tion, TSA, the agency responsible for Mr. GREGG. I would be happy to One of the greatest concerns we issuing Letters of Intent, LOIs, that yield to the Senator from Utah for a Utahns have with the immigration en- provides the funding to airports for the question. forcement in our State is the fact that installation of EDS equipment, has Mr. HATCH. As the chairman knows, the field office director overseeing only made less than a dozen LOIs avail- one of the greatest roles entrusted to Utah is located in San Francisco, CA. I able to the major airports? And is it the hardworking employees of the De- hope my colleague will agree with me not also correct smaller and medium partment of Homeland Security is to that having the oversight for a major hub airports have not received any of protect our Nation’s borders and curb illegal immigration artery located over the LOIs issued to date?’’ the growing tide of illegal immigration 650 miles away from the area is dis- Mr. GREGG. The Senator from Con- in this country. I thank my friend and concerting. necticut is right. All the LOIs issued to colleague from New Hampshire for The immigration problems facing date have gone to the larger hub air- doing his best to address this great San Francisco are very different from ports. need with increased funding for, and the problems facing St. George, Mr. BYRD. Mr. President, as I under- greater attention to, this problem. As I Blanding, Richfield, Cedar City, Provo, stand it, the Senator from Connecticut travel around the State of Utah, there and Salt Lake and that is precisely is concerned the Committee report lan- is not a single place I go where I do not why I would like to see a new field offi- guage could be interpreted to limit the have citizens come up to me and ask cer director located in Utah. It is my $50 million, which is almost a full third me to do something about the illegal hope that the chairman will work with of the funding for EDS procurement, to immigration problems in their area. me to remedy these issues. only technologies currently being pi- They are upset that our country con- GREGG. I thank the Senator for his loted. tinues to be unable to enforce our im- comments. I am pleased to say that we Mr. GREGG. The committee has set migration laws and I do not blame have included significant increases in aside the funding to encourage new them. I feel the same frustration. immigration funding in this bill. It is technologies in the area of explosives For example, Mayor Toni Turk of my desire to see those funds spent in detection systems and is not nec- Blanding recently informed me that his the most crucial areas of concern to essarily limited to one or two compa- police department has made several ar- this Nation and I believe they will help nies. TSA has assured the committee rests of illegal aliens and seized nearly us make significant progress in the this language does not restrict them 7 kilos of cocaine in the process. It fight against illegal immigration. only to technologies already being pi- would seem drug smugglers—most of While the issue of establishing new loted, and that additional technologies whom are in the country illegally—are field office directors is properly that of which may become certified and pi- taking advantage of the de minimis the Secretary of Homeland Security, I loted in Fiscal Year 2006 would also be level of immigration enforcement in will work with my colleague from Utah eligible for this funding for next-gen- remote areas of southeastern Utah. In- to address the issues troubling his eration technologies. cidents such as this one formed the State as I have done with all of my col- Mr. LIEBERMAN. Therefore, is my basis of my request for the creation of leagues. I recognize that Utah faces understanding correct that the objec- an ICE/CBP office in Blanding, UT and certain unique challenges and I am tive of this set aside was to aid in the I am grateful to the chairman for ad- confident they can be addressed. development and deployment of next dressing my request in his committee I thank my colleague from Utah for generation explosive detection equip- report. his support in our efforts to secure the ment? I have heard it said many times that homeland, and I appreciate his bring- Mr. GREGG. The Senator from Con- the objective of illegal immigrants ing the problems facing southern Utah necticut is correct. coming through the southern border of to the attention of the Senate. Mr. LIEBERMAN. I further hope the the country is to get as far north as Mrs. CLINTON. Mr. President, I rise procurement and deployment of EDS possible as fast as he or she can. This today to express my concern over com- machines will be based on acquiring comes from the either perceived or real ments made by the Secretary of Home- the best technology for the particular concern that immigration enforcement land Security, Michael Chertoff. As airport in question. is much tougher in the southern por- several of my colleagues have already Mr. BYRD. One of the lessons we tion of the U.S. than it is in the north- noted, Secretary Chertoff today made learned from 9/11 was the aviation ern portion. For a State located di- some very unfortunate comments transportation system is only as strong rectly above some of the most porous about who is responsible for the safety as its weakest link. We know terrorists borders in the country, this is a real of the tens of millions of people who boarded planes at smaller, mid-sized concern. U.S. Interstate 70 and U.S. use our mass transit systems every airports, as well as larger airports. It is Interstate 15 in Utah have become day. Secretary Chertoff said, and I important the Department encourage large conduits for the smuggling of il- quote, ‘‘The truth of the matter is, a development of technologies that can legal immigrants and illegal sub- fully loaded airplane with jet fuel, a

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8285 commercial airliner, has the capacity I believe I can speak for many Ameri- believe this bill needs to provide for to kill 3,000 people. A bomb in a subway cans when I say that I felt the attack the level of border patrol agents and car may kill 30 people. When you start in London as if it were an attack on detention beds as we authorized in the to think about your priorities, you’re the United States; the hurt of our Brit- Intelligence Reform Act just 7 months going to think about making sure you ish friends is like that of our own coun- ago, our amendments on these critical don’t have a catastrophic thing first.’’ trymen. The relationship between needs were unsuccessful. He further added that he believes that American and the United Kingdom is Another area of concern is the com- States and localities should bear pri- unlike any other, and the world is bet- mittee’s decision to not fund the Presi- mary responsibility in ensuring the ter off for it. At this tragic time, all dent’s request for accelerated deploy- safety of their mass transit systems. people in that great country must ment of the United States Visitor and The millions of New Yorkers who use know that America is with them, as al- Immigrant Status Indicator Tech- the subways, buses, and ferries each lies, as friends, as brothers and sisters. nology, US VISIT, Program, which was day would be shocked and angered to They are not alone, for they must a key recommendation of the 9/11 Com- hear that their Secretary of Homeland know that they remain in our hearts, mission. Although US VISIT has much Security, Secretary Michael Chertoff, in our minds, and in our prayers, as we room for improvement, funding to ex- has declared that local governments have experienced a similar sense of loss pedite the full implementation of the are left to fend for themselves when it and pain on September 11, 2001. To- program will be essential to our ability comes to paying for improved subway, gether we will not allow terrorists to to adequately monitor the flow of indi- train, and bus security. destroy the way of life that our two viduals into and out of our country. I The reality is that Americans should great nations have endeavored over hope that this issue will be carefully not be forced to choose between a safe centuries to build. reconsidered as this measure continues airplane trip or a safe subway ride. The four bombings in London have through the legislative process. They should both be priorities. Unfor- now lead many of us to take a second As encouraged as I am to see addi- tunately, this administration has pre- tional resources directed to the border, look at the Homeland Security appro- sented us with a false choice they enforcement alone will never fully se- priations bill to ensure that we are would like us to believe that resources cure our border. Over the last 12 years, adequately securing our Nation’s rail are so scarce that we can’t afford to the Federal Government has tripled and transit systems. In addition to ap- fully protect all of our transportation spending on technology and infrastruc- propriating funds, however, we must systems. For the last few days, my col- ture to secure the border and tripled leagues and I have been on the Senate also act on authorizing measures to the number of border patrol personnel. floor, forced to debate whether we promote the security of our nation’s Yet during that same time, illegal im- should fund rail safety or bus safety, transportation system. Earlier this migration is estimated to have dou- secure our borders or fund more airline week, I introduced the Rail Security bled. The lesson here is important: as screeners. This debate is necessary be- Act of 2005, which is nearly identical to long as there is a need for workers in cause this administration has made the legislation passed unanimously by the this country that goes unmet by the judgment that cutting taxes for the Senate last year. I hope that the bomb- domestic workforce, and as long as wealthiest Americans is more impor- ings in Madrid and London will spur there are workers in other countries tant than fully meeting our Nation’s this Congress to take needed action willing to risk their lives for the oppor- security needs. This administration’s and pass this important authorizing tunity to take those jobs, they will priorities are clear: $1.5 trillion in tax legislation. find a way in. cuts and only $30 billion for homeland I commend the chairman and sub- The simple fact is this: our Nation’s security. committee chairman, and the ranking borders are extremely porous. For the So while I am outraged by Secretary members, on their efforts to produce a last several years the volatile condi- Chertoff’s comments belittling the funding measure that best meets our tions at our Nation’s southwestern bor- threats posed to our subways and Nation’s security objectives. For the der have grown unsustainable. The cost buses, I am not surprised. He is simply third consecutive year, the committee of our broken immigration system is giving voice to this administration’s has reported out a Homeland Security increasingly borne by local commu- misguided and indefensible priorities. bill with minimal earmarks. As evi- nities and State governments through If the London bombings didn’t serve as denced by the recent bombings in Lon- uncompensated health care, unreim- a wakeup call to this administration don, this bill is too important to the bursed law enforcement costs, environ- that they need to reevaluate their pri- security of the American people to be mental degradation, and an increased orities, I am hard pressed to under- bogged down with unreasonable ear- sense of lawlessness. As these condi- stand what will make them understand marks and no essential policy changes tions have worsened, several Members the gravity of the threat millions and and directives. of this body, including myself, have put millions of Americans face every single The Department of Homeland Secu- forth proposals to reform our Nation’s day when they step onto a bus or a sub- rity plays a crucial role in our Nation’s immigration laws and improve security way or a ferry to go about their daily defense, particularly during these un- along the border and in the interior. lives. certain times as our country continues Immigration reform is one of the most Mr. MCCAIN. Mr. President, before to be engaged in fighting a war against critical issues facing our Nation today, discussing the Homeland Security ap- terror. We must be vigilant in ensuring and I hope the Senate will soon turn to propriations bill, I would like to take a that the Department has the right this issue. Funding for additional man- moment to express my deepest condo- tools to protect our Nation’s air space, power and technology improvements lences to our British friends as they borders, ports of entry, and travel in- must continue, but our borders will deal with the aftermath of the terrorist frastructure. We also must ensure that never be fully secure without com- bombings in London. Once again the our first responders are adequately prehensive immigration reform. world has seen the stark contrast be- funded to protect citizens in the event I support provisions in the bill and tween brutal terrorism, with its lust of a national emergency. At the same accompanying report which encourage for violence, and liberal democracy, time, resources are limited and this the Department, specifically the Trans- with its love for freedom. The British bill recognizes that and seeks to ensure portation Security Administration, people knew, after September 11, 2001, that the Department optimizes all re- TSA, and ICE, to invest in improved that there could be no accommodation ceived funds. technology. The report finds that the with this brand of fanaticism, and The Department of Homeland Secu- Department, ‘‘should not be operating under the visionary leadership of rity’s most vital function is protecting on stovepipped, disconnected, inherited Prime Minister Tony Blair, Britain our Nation’s borders. The committee’s information technology systems,’’ but stood with America in our time of bill does provide for an increased focus rather the Department should be need. Now, in Britain’s time of need, on border security efforts and I com- equipped with the best technology sys- we stand with our brothers and sisters mend them for their attention to these tems available in order to reduce reli- across the Atlantic. Our bond, always critical funding needs. However, more ance on personnel and improve secu- strong, is even firmer. remains to be done. While I strongly rity. In particular, I am encouraged to

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8286 CONGRESSIONAL RECORD — SENATE July 14, 2005 see funding for the deployment of new philosophical point of view, I oppose much. The American people deserve an equipment and technology to the bor- such policies because free trade is an honest assessment that provides the der, including to Arizona, which in re- important element in improving rela- basic facts. cent years has become a leading gate- tions among all nations, which then But that is not what we are being way for illegal immigration. improves the security of our Nation. given. According to a GAO report in Additionally, I am pleased that the Furthermore, as a fiscal conservative, I March, ‘‘U.S. government agencies do Appropriations Committee has encour- want to ensure our Government gets not report reliable data on the extent aged the TSA to consistently imple- the best deal for taxpayers and with a to which Iraqi security forces are ment a risk management approach to ‘‘Buy American’’ restriction that can- trained and equipped.’’ decisionmaking to prioritize security not be guaranteed. Such provisions The report goes on to say: improvements as recommended by the cost the Department of Defense over The Departments of State and Defense no General Accountability Office earlier $5.5 billion each year and I am fearful longer report on the extent to which Iraqi se- this year. The GAO report stated that that we will see the same unnecessary curity forces are equipped with their re- ‘‘TSA has not consistently imple- expense arise at the Department of quired weapons, vehicles, communications, mented a risk management approach Homeland Security, a new agency. equipment, and body armor. or conducted the systematic analysis Once again, I thank the appropri- It is clear from the administration’s needed to inform its decision-making ators for their diligence in passing a own statements that they are using the processes and to prioritize security im- relatively clean Homeland Security ap- notorious ‘‘fuzzy math’’ tactic to avoid provements . . . a risk management ap- propriations bill devoid of numerous an honest appraisal. proach can help inform decision mak- earmarks. While much work remains to In February 2004, Secretary Rumsfeld ers in allocating finite resources to the be done to secure our homeland, in- said: areas of greatest need.’’ cluding comprehensive immigration re- We have accelerated the training of Iraqi Although I find a great deal to sup- form and further action on 9/11 Com- security forces, now more than 200,000 port in this bill, I would be remiss if I mission recommendations, specifically strong. did not point out the serious more spectrum for first responders, we In January 2005, Secretary of State unrequested spending and the few ear- can take another important step by Condoleezza Rice said: marks contained in this bill and the re- passing this legislation and providing We think the number right now is some- port. There is over $2 billion in unau- the Department with adequate re- where over 120,000. thorized and unrequested spending in sources to protect our Nation’s air Yet, on February 3, 2005, in response the bill and the report. Examples in- space, borders, ports of entry, and trav- to questions from Senator LEVIN at a clude: $47 million above the President’s el infrastructure. Senate Armed Services Committee request for the acquisition and mainte- AMENDMENT NO. 1161 GEJJ Hearing, GEN Richard Myers, nance of facilities for the Federal law Mr. KENNEDY. Mr. President, last Chairman of the Joint Chiefs of Staff, enforcement and training centers; $68 evening, an amendment proposed by conceded that only 40,000 Iraqi security million for two maritime patrol air- Senator REID, which calls on the Sec- forces are actually capable. He said: craft under the Coast Guard’s inte- retary of Defense to stop delaying the Forty-eight deployable (battalions) around grated deepwater system; $65 million to report required to be submitted to Con- the country, equals about 40,000, which is the fund the Adequate Fire and Emergency number that can go anywhere and do any- gress on the progress being made to Response Act; and $59 million for crit- thing. train the Iraqi security forces, was ap- ical infrastructure outreach and part- proved unanimously by the Senate. I Obviously, we need a better account- nerships. Since such spending was not was pleased to cosponsor the amend- ing of how much progress is being made requested or isn’t authorized, I have no to train and equip effective and capable ment, along with Senators DURBIN and way of knowing if such expenditures Iraqi security forces. BIDEN. are needed. Needless expenditures are The report was required in the recent The American people want to know. unacceptable, particularly while our Iraq Supplemental Appropriations Act, Our men and women in uniform want country is running a deficit of $368 bil- Public Law 109–13, which became law to know. lion this year and a 10-year projected Congress has been seeking informa- on May 11. The first report was to have deficit of $1.35 trillion, according to the tion on this issue for a long time. been provided by July 11. Additional Congressional Budget Office. When are Section 1204 of last year’s Defense reports are due every 90 days after that we going to tighten the belt? While I Authorization Act, Public Law 108–375, until the end of fiscal year 2006. required the President to submit an concede that it is very difficult to re- This is not a bureaucratic dispute. unclassified report on a stabilization duce spending while attempting to pro- The information requested in the re- strategy for Iraq and an effective plan tect the Nation’s homeland, I can only port goes to the heart of our ability to to train the Iraqi security forces. The hope that Congress’s belt tightens else- succeed in Iraq. It is vital to identi- report was due 120 days after enact- where. fying when the Iraqi forces will be able Examples of earmarks and directive ment. The law was enacted on October to assume responsibility for security. language include: language limiting 28, 2004, and the report should have It is essential to estimating of the level overtime pay to $35,000 for Customs been provided by the end of February. of U.S.troops that will be necessary in and Border Patrol and Immigration We have still not received it from the Iraq in the future. and Customs Enforcement employees, White House. The administration has Twice in the last month, President $55 million for the completion of the been AWOL on the report. Bush has assured us that training Iraqi Tucson tactical infrastructure around Given the high priority the President security forces is central to our strat- the border and $15 million for the Coast has placed on the training of Iraqi se- egy for success. Guard’s bridge alteration program. Al- curity forces, it is unconscionable that On June 28, President Bush said: though many of these are important the administration has failed to give programs and worthy of funding, they Our strategy can be summed up this way: the American people a straight answer As the Iraqis stand up, we will stand down. were not specifically authorized by about how many Iraqi security forces Congress and not requested by the On July 11, President Bush again are adequately trained and equipped President, and they should be. said: and able to defend Iraq’s security on Lastly, I am also disappointed that Our plan can be summed up this way: As their own. It is time to put facts be- the bill once again this year contains a the Iraqis stand up, we will stand down. hind our policy. Departmentwide ‘‘Buy America’’ re- Unfortunately, the administration President Bush has not leveled with quirement, and specific language di- has not been willing to give the Amer- our troops and the American people recting the Secret Service to purchase ican people a straight answer about the and offered an effective strategy for American-made motorcycles. I firmly number of Iraqi security forces, who success. object to all ‘‘Buy America’’ restric- are adequately trained and equipped. He has spoken about the importance tions, as they represent gross examples We are obviously making some of training Iraqi security forces, but he of protectionist trade policy. From a progress, but it is far from clear how has failed to outline a clear strategy to

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8287 achieve their training and improve needs, ranging from communications protection grant fund—and the Senate their capability. equipment for first responders, to Appropriations bill proposes only $100 The American people and our soldiers transportation security, to securing million. We simply cannot make the deserve to know what progress is being our borders. progress we need at this rate. Rather, a made in training Iraqis to protect their Yet this year, the President proposed dramatic new infusion is needed to own security. only modest increases for the Depart- harden these potential targets for ter- We all hope for the best in Iraq. We ment of Homeland Security. And even rorist mayhem. all want democracy to take root firmly those proposed increases were illusory But mass transit and transportation and irrevocably. We need to train the based on a controversial proposed air- security is just one example of the crit- Iraqis for the stability of Iraq. But we line ticket fee that congressional budg- ical security needs that not receiving also need to train them because our et leaders and appropriators have re- the investments they need to make the current level of deployment is not sus- jected. American homeland more secure. tainable. Our military has been In letters to the Appropriations and Under this legislation, terrorism pre- stretched to the breaking point. Budget Committees earlier this year, I paredness funding for first responders Threats in other parts of the world are identified about $8.4 billion in critical would drop for the second straight ever present. Our men and women in homeland security needs above and be- year. uniform and the American people de- yond the President’s proposed budget, In June 2003, a nonpartisan, inde- serve this report, because they deserve with more than $6 billion of that for pendent task force sponsored by the to know when the President has a programs within the Department of Council on Foreign Relations and strategy for success. Homeland Security. Yet the House and chaired by our former colleague Sen- The President says our troops in Iraq Senate Appropriations Committees ator Warren Rudman, issued a report will stand down as Iraqi security forces have both approved bills that actually entitled ‘‘Emergency Responders: Dras- stand up, but the administration has provide even less for DHS programs tically Underfunded, Dangerously Un- failed to provide a realistic assessment than the President proposed. prepared.’’ of the progress being made in training It may be tempting to think we do The report listed a number of urgent the Iraqi forces. not need to make these investments needs left unmet due to a lack of fund- The American people deserve to because we have already increased ing—including obtaining interoperable know when the Iraqis will be able to spending on homeland security since communications equipment, enhancing take over responsibility for their own 9/11, and because we face difficult budg- urban search and rescue capabilities, security, and what impact it will have et constraints. But when we focus on and providing protective gear and on our military presence in Iraq. It is time for the stonewalling to end the new threat confronting us, it be- weapons of mass destruction remedi- and for accountability to begin. comes clear that these investments are ation. Mr. LIEBERMAN. Mr. President, I an urgent necessity. The task force concluded that, at rise to discuss the pending appropria- Let me highlight some of the most then-current funding levels, our Na- tions bill for the Department of Home- serious shortfalls, starting with trans- tion, over the course of 5 years, would land Security and my grave concern portation and mass transit. fall nearly $100 billion short of meeting that it does not provide the tools we We know from last week’s attack on the needs of our first responders. need to meet the threat of terrorism. London and last year’s attacks in Mos- Incredibly, though, the administra- This is not to criticize the appropri- cow and Madrid that transit and rail tion’s response to this sobering anal- ators who, as always, have done a systems are appealing targets for ter- ysis has been to cut funding for first thoughtful job in sorting through the rorists. And we also know we have far responders—2 years running. many competing needs of the Depart- to go in making this country’s transit Even taking into account proposed ment. But I feel strongly that neither and rail systems as secure as they increases in two grant programs, the the President nor the congressional should be. Experts have identified bil- administration’s proposed budget leadership was willing to allocate suffi- lions in unmet security needs for this would slash overall DHS grants to first cient funds for homeland security at array of critical assets. responders by $565 million. the outset of this process and that, as For mass transit alone, the American To my dismay, the Senate’s DHS a consequence, this bill comes up short Public Transportation Association has funding bill goes even further and cuts on too many critical homeland pro- identified more than $6 billion in secu- $587 million below last year’s appro- grams. rity needs, and a committee-approved priation. This marks the second year I speak with a sense of caution in the Senate bill last Congress would have these programs have been decreased, wake of last week’s terrorist attacks authorized $5.2 billion for transit secu- following a massive 32-percent reduc- on London. I agree with Secretary rity over 3 years. tion in the core homeland security Chertoff’s statement that we can’t base These funds are needed to conduct se- grant programs in fiscal year 2005. our national homeland defense policies curity assessments, install sensors and None of these proposed cuts make on a single attack especially since the other surveillance equipment, and sense given our pressing homeland se- specifics of the London attack are not train transit employees to cope with a curity needs and the Senate voted 63 to known. terror attack. 37 on a bipartisan basis for a Collins- Yet experts in and out of government In the area of rail security, the Sen- Lieberman amendment to the budget keep warning us that nearly 4 years ate last session passed legislation au- resolution to restore the administra- after 9/11 we are still vulnerable and thorizing $1.2 billion in Federal spend- tion’s proposed cuts to first responder will remain vulnerable unless we begin ing over 4 years, nearly half of it in the programs at DHS. to seriously and strategically start in- first year, for measures such as upgrad- Unfortunately, that consensus was vesting in our own security. ing aging rail tunnels and other secu- not reflected in the final budget resolu- CIA Director Porter Goss this year rity measures, and increased R&D to tion, nor in the pending appropriations told the Senate Intelligence Com- reduce the vulnerability of passenger bill does not reflect that consensus. mittee that ‘‘it may only be a matter and freight trains. To hold these programs at current of time’’ before terrorists try to attack Unfortunately, the administration levels is the very least we can and the United States with weapons of has shown little interest in funding rail should do. mass destruction. or transit security measures and our In truth, we need significantly more At the same hearing, FBI Director systems remain dangerously exposed. funds to dramatically improve our Robert Mueller also warned of possible Last year, Congress provided $150 abilities to prevent and respond to pos- terrorist operations within the United million for rail and transit grants—and sible terror attacks. We especially need States, and called finding such terror- only because lawmakers pushed for an infusion of new funds to help State ists ‘‘one of the most difficult chal- this dedicated funding. This year, the and local communities develop inter- lenges’’ his organization faces. President proposed no dedicated fund- operable communications systems that Experts have identified billions of ing for rail and transit—just an unspec- will allow officials and first responders dollars in urgent homeland security ified share of an overall infrastructure to speak to one another during a crisis.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8288 CONGRESSIONAL RECORD — SENATE July 14, 2005 Senator COLLINS and I have introduced sives detection equipment at this supplies, refineries, energy grids and legislation that would provide dedi- year’s level of about $400 million when pipelines; bridges, tunnels, trains, cated funding for interoperability, it is estimated that more than $5 bil- trucks and cargo containers; to the strengthen Federal leadership on this lion is needed to install the explosives cyber backbone that underpins the in- issue, fortify outreach and technical detection equipment at approximately formation age in which we live, the assistance to state and local first re- 60 major airports. The Intelligence Re- measures we have been cobbling to- sponders, promote greater regional co- form and Terrorism Prevention Act au- gether are hardly fit to deter amateur operation and ensure research and de- thorized an additional money for this thieves, vandals and hackers, never velopment to achieve interoperability program, and according to investing in mind determined terrorists. Worse for first responders. The legislation the up-front costs associated with in- still, small improvements are often would authorize $3.3 billion over 5 stalling this equipment could not only oversold as giant steps forward, low- years for short and long-term inter- boost security but also provide signifi- ering the guard of average citizens as operability initiatives. cant savings to DHS in labor costs. they carry on their daily routine with Another key concern is critical infra- We are also shortchanging the U.S. an unwarranted sense of confidence.’’ structure protection. Coast Guard and its leadership role in Flynn also rightly points out that Damage to one or more key ports homeland defense. Since 9/11, the Coast homeland security spending is still could wreak economic havoc, while the Guard has been asked to dramatically minuscule in comparison to the overall tens of thousands of containers stream- increase these security functions even Pentagon budget, revealing the extent ing through those ports could also as it continues to perform critical non- to which our government continues to serve as conduits for a weapon of mass security roles in areas such as search perceive that the country’s primary destruction. and rescue and fisheries enforcement. threats will be found only outside our We have made important first steps Unfortunately, resources have not borders. We must remember how ex- toward securing our ports—including kept pace with the extraordinary de- posed we rightly felt on September 11, through the Marine Transportation Se- mands being placed upon this service. I 2001, and listen to the security experts curity Act—but we know that much am particularly concerned about the who tell us that this threat is one we more remains to be done. deepwater program to modernize the must live with—and prepare for—for We must also devote more resources Coast Guard’s aged and fast deterio- the indefinite future. and attention to safeguarding critical rating fleet—which includes cutters I hope we can step back and take infrastructure sites such as chemical commissioned during World War II and stock of what we are doing with re- plants. As security expert Stephen aircraft as much as 30 years old. spect to homeland security. Experts Flynn testified before the Homeland Although the Senate bill does provide have warned that, in the absence of Security and Governmental Affairs a modest increase for the deepwater new attacks, there is a danger of com- Committee earlier this year, ‘‘the program, it is less than the President’s placency. [A]dministration must acknowledge budget and will not speed up the mod- I fear we are losing the urgency and that its assumption that the private ernization program. Indeed, the Coast determination we shared immediately sector would invest in meaningful secu- Guard has estimated that $240 mil- after the 9/11 attacks, to do whatever rity for the 85 percent of the nation’s lion—virtually the entire proposed in- we could to thwart another such as- critical infrastructure that it owns— crease for the program—will be needed sault. The threat is still there—and so and upon which our way of life and in fiscal year 2006 just to maintain its must be our commitment to meet it. quality of life depends—has not been legacy assets. At the current rate, it Mr. LEVIN. Mr. President, I will sup- borne out.’’ will take more than 20 years to finish port final passage of the Homeland Se- Even in the area of aviation security, the fleet and systems overhaul—hardly curity appropriations bill today not where the government has invested sig- the pace associated with true ‘‘mod- only because it provides funding for nificant resources since 9/11, pressing ernization.’’ many programs that I support, but also needs remain. Accelerating the deepwater project is because it contains many provisions Many have pointed out the glaring not only good for our security, it that I worked to have included. weakness regarding air cargo. Pas- makes good financial sense. Last year, I am pleased that the Senate over- sengers may be subject to exhaustive a RAND report concluded that accel- whelmingly supported, by a vote of 71 searches of their luggage and persons, erating the deepwater program to 10 to 26, an amendment that I cospon- yet air cargo loaded into the belly of years would provide the Coast Guard sored with Senators COLLINS and LIE- the very same plane may undergo little with almost one million additional BERMAN that provides a fairer approach or no scrutiny. mission hours which could be used for to allocating homeland security grants Following a 9/11 Commission rec- homeland security, saving the Federal than was provided in the current law ommendation that steps be taken to Government approximately $4 billion and which the underlying bill would improve air cargo security, the Intel- in the long term. have continued. For the past 3 years, ligence Reform and Terrorism Preven- This is hardly an exhaustive list of the State homeland security grant pro- tion Act included several provisions to the unmet homeland security needs, gram has distributed funds using a enhance and augment existing pro- but it should serve to illustrate that funding formula that arbitrarily sets grams. It authorized $2 million for the we are not doing all that we could or aside a large portion of the funds to be development of a pilot program to de- should to meet the homeland threat. divided equally among the States, re- velop blast resistant cargo containers, At a January 26, 2005 hearing before gardless of size or need. This ‘‘small which could be used on passenger the Homeland Security and Govern- state formula’’ severely disadvantages planes to provide an additional layer of mental Affairs Committee, homeland states with high populations. Many security. The bill also authorized an security expert Flynn stated: ‘‘Any Federal grant programs provide a min- additional $300 million for fiscal year honest appraisal of the department as imum State funding level. But the 2006 for ongoing air cargo security pro- it approaches its 2nd anniversary state minimum formula used to allo- grams and additional air cargo re- would acknowledge that while there cate state homeland security funds is search and development programs. have been significant accomplishments unusually high as was the base funding Yet the President’s budget request in some areas, we are a very long ways level in the underlying homeland secu- only included $40 million for air cargo from where we need to be.’’ Flynn de- rity appropriations bill prior to the security, and the Senate bill raises this scribes our predicament well in his re- adoption of our amendment—.75 per- amount just $10 million. Where is the cent book, America the Vulnerable: cent. sense of urgency this problem deserves? ‘‘Homeland security has entered our This amendment would reduce that We also must move more quickly to post-9/11 lexicon, but homeland insecu- guarantee to .55 percent of the total install efficient and effective systems rity remains the abiding reality. With amount appropriated for the threat- to screen passenger bags. I am con- the exception of airports, much of what based homeland security grant pro- cerned that the Senate bill holds fund- is critical to our way of life remains gram and added an option for the larg- ing for the installation of in-line explo- unprotected . . . From water and food er States of selecting a minimum

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8289 amount based on a State’s relative pop- domestic preparedness and response ca- H.R. 2360, 2006 HOMELAND SECURITY APPROPRIATIONS: ulation and population density. This pabilities, protect our borders and SPENDING COMPARISONS—SENATE-REPORTED BILL— option for the States will provide addi- ports and improve our transportation Continued tional guaranteed funds to the largest security. We cannot expect our first re- [Fiscal year 2006, $ millions] and most densely populated States, sponders to be well-trained, properly General Manda- which also are probably the most at equipped, and fully staffed to protect Purpose tory Total risk of an attack. For instance, Michi- us if we cut their funding sources. I am gan would receive $17.55 million in 2005 Enacted: hopeful that funding levels will be in- Budget authority ...... ¥1,090 ¥154 ¥1,244 guaranteed funding under the Collins/ creased in conference. Outlays ...... 3,154 32 3,186 Lieberman amendment, but only $10.86 President’s request: Mr. GREGG. Mr. President, as chair- Budget authority ...... 1,285 0 1,285 million in guaranteed funding in the man of the Budget Committee, I regu- Outlays ...... 3,571 0 3,571 underlying appropriations bill. House-passed bill: larly comment on appropriations bills Budget authority...... 0 0 0 I was pleased to be the author of this that are brought to this Senate for Outlays ...... ¥183 0 ¥183 option, which was added in the Home- consideration and present the financial 1 Includes $2.528 billion advance appropriation for Bioshield. land Security and Governmental Af- comparisons and budgetary data. In Note: Details may not add to totals due to rounding. Totals adjusted for fairs Committee. The remainder of the this instance, I am in the unique posi- consistency with scorekeeping conventions. total funds, approximately 60 percent, tion of commenting on my own bill, as Mr. President, I thank my staff. They would go to the States and regions I also serve as chairman of the Home- have done an incredible job, Rebecca based purely on risk and threat assess- land Security Appropriations Sub- Davis. And I also thank Senator BYRD’s ment by the Department of Homeland committee. So it will not surprise my staff, Charles Kieffer. I appreciate the Security using factors set forth in the colleagues that I note this is a very courtesy of the membership in moving amendment, with up to half of the re- good bill and that it is in compliance this bill along. It is good to get it done. maining funds to be allocated by the with the 2006 Budget Resolution. At this time, I ask unanimous con- Department to metropolitan areas The pending Department of Home- sent that the bill be read a third time, through the Urban Area Security Ini- land Security appropriations bill for the Senate then proceed to a vote on tiative. The amendment also provides fiscal year 2006, H.R. 2360, as reported passage of H.R. 1260, as amended. I fur- guidance on the factors to be consid- by the Senate Committee on Appro- ther ask unanimous consent that fol- ered in allocating risk-based funding. priations, provides $31.777 billion in lowing passage the Senate insist on its For example, in prioritizing among budget authority and $33.899 billion in amendments, request a conference with State applications for risk-based funds, outlays in fiscal year 2006 for the De- the House and the chair be authorized the Secretary of Homeland Security partment of Homeland Security and re- to appoint conferees on the part of the will now consider whether the State is lated agencies. Of these totals, $931 Senate. on an international border. The under- million in budget authority and $924 The PRESIDING OFFICER. Without lying appropriations bill, on the other million in outlays are for mandatory objection, it is so ordered. hand, would have left all funds above programs in fiscal year 2006. The question is on engrossment of the state base to be allocated without The bill provides total discretionary the amendments and third reading of guidance, at the discretion of the Sec- budget authority in fiscal year 2006 of the bill. retary of Homeland Security. $30.846 billion. This amount is $1.285 The amendments were ordered to be This legislation also includes lan- billion more than the President’s re- engrossed and the bill to be read a guage that I offered that will assist our quest, and is equal to the 302(b) alloca- third time. first responders by creating demonstra- tion adopted by the Senate, and iden- The bill was read the third time. tion projects at our northern and tical to the level in the House-passed Mr. GREGG. Mr. President, I ask for southern borders. The amendment pro- bill. The 2006 budget authority pro- the yeas and nays. vides that the Secretary of Homeland vided in this bill is $1.09 billion less The PRESIDING OFFICER. Is there a Security shall establish at least six than the fiscal year 2005 enacted level sufficient second? international border community inter- because the 2005 level included a one- There is a sufficient second. operable communications demonstra- time $2.528 billion appropriation for The PRESIDING OFFICER. The ma- tion Projects—no fewer than three of bioshield. After adjusting for bioshield jority leader. these demonstration projects shall be this bill is $1.438 billion above the 2005 Mr. FRIST. Mr. President, we are on the northern border, and no fewer enacted level. going to start the last vote in a few than three of these demonstration Mr. President, I ask unanimous con- minutes. The managers faced a few projects shall be on the southern bor- sent that a table displaying the Budget roadblocks this afternoon, but we are der. These interoperable communica- Committee scoring of the bill be in- going to complete this bill. This will be tions demonstrations will address the serted in the RECORD. the last vote of the evening. Tomorrow interoperable communications needs of There being no objection, the mate- we are going to begin foreign ops. The police officers, firefighters, emergency rial was ordered to be printed in the two managers will be here for opening medical technicians, National Guard, RECORD, as follows: statements. We will be voting on Mon- and other emergency response pro- day, and I anticipate that vote would viders at our borders because of the lo- H.R. 2360, 2006 HOMELAND SECURITY APPROPRIATIONS: be in relation to an amendment on the cation at those borders where there is SPENDING COMPARISONS—SENATE-REPORTED BILL foreign ops bill. such a great threat of terrorists enter- [Fiscal year 2006, $ millions] I thank all Senators for the progress ing. during the course of the week; foreign General Manda- Finally, the bill contains language I Purpose tory Total ops tomorrow. proposed that requires the Secretary of Mr. GREGG. Mr. President, before we Senate-reported bill: Homeland Security to deny entry of Budget authority ...... 30,846 931 31,777 proceed to the vote, I do want to once any commercial motor vehicle car- Outlays ...... 32,975 924 33,899 again express my deep appreciation and Senate 302(b) allocation: rying municipal solid waste from Can- Budget authority ...... 30,846 931 31,777 thanks to the senior Senator in the ada until the Secretary certifies that Outlays ...... 33,233 924 34,157 Senate, the Senator from West Vir- 2005 Enacted: the methods and technology used to in- Budget authority ...... 1 31,936 1,085 33,021 ginia, who has been exceptionally help- spect the vehicles for potential weap- Outlays ...... 29,821 892 30,713 ful as the ranking member of this com- President’s request: ons of mass destruction as well as bio- Budget authority ...... 29,561 931 30,492 mittee and we could not have gotten logical, chemical and nuclear materials Outlays ...... 29,404 924 30,328 this far without his help. House-passed bill: are as efficient as the methods and Budget authority ...... 30,846 931 31,777 The PRESIDING OFFICER. The technology used to inspect other com- Outlays ...... 33,158 924 34,082 question is on passage of the bill, as mercial vehicles. SENATE-REPORTED BILL COMPARED amended. The yeas and nays have been I do not think that the funding levels TO: ordered. The clerk will please call the Senate 302(b) allocation: provided in this bill go far enough to Budget authority...... 0 0 0 roll. strengthen the programs that fund our Outlays ...... ¥258 0 ¥258 The legislative clerk called the roll.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8290 CONGRESSIONAL RECORD — SENATE July 14, 2005 Mr. MCCONNELL. The following Sen- UNANIMOUS CONSENT serves in this Senate has a right under ators are necessarily absent: the Sen- AGREEMENT—H.R. 3057 the First Amendment, if nowhere else, ator from South Carolina (Mr. Mr. MCCONNELL. Mr. President, I to ask any question they want. How- DEMINT), and the Senator from Mis- ask unanimous consent that at 10 a.m. ever, these statements of the last few sissippi (Mr. LOTT). on Friday, tomorrow, July 15, the Sen- days indicating the scope of questions Further, if present and voting, the ate proceed to the immediate consider- that some Senators intend to ask rep- Senator from South Carolina (Mr. ation of Calendar No. 150, H.R. 3057. I resents something of a change of heart. DEMINT) would have voted ‘‘yea.’’ further ask that the committee-re- During Justice O’Connor’s confirma- Mr. DURBIN. I announce that the ported substitute be agreed to and con- tion hearing, for example, the Senator Senator from Maryland (Ms. MIKULSKI) sidered as original text for the pur- from Massachusetts declared: is necessarily absent. poses of further amendment, and that . . . [i]t is offensive to suggest that a po- The PRESIDING OFFICER. Are there no points of order be waived by virtue tential Justice of the Supreme Court must any Senators in the Chamber who de- of this agreement. pass some presumed test of judicial philos- sire to vote? The PRESIDING OFFICER. Without ophy. It is even more offensive to suggest The result was announced—yeas 96, that a potential Justice must pass the lit- objection, it is so ordered. nays 1, as follows: mus test of any single-interest group. [Rollcall Vote No. 189 Leg.] f The Senator’s colleagues have always YEAS—96 MORNING BUSINESS agreed with him on that. And I agree Akaka Dole Martinez Mr. MCCONNELL. Mr. President, I with the position he took at that time, Alexander Domenici McCain ask unanimous consent that there now but not with the position he is taking Allard Dorgan McConnell more recently. Allen Durbin Murkowski be a period for morning business, with Baucus Ensign Murray Senators permitted to speak therein Also during Justice O’Connor’s con- Bayh Enzi Nelson (FL) for up to 10 minutes each. firmation hearing, the senior Senator Bennett Feingold Nelson (NE) The PRESIDING OFFICER. Without from Delaware noted: Biden Feinstein Obama Bingaman Frist Pryor objection, it is so ordered. [w]e are not attempting to determine Bond Graham Reed f whether or not the nominee agrees with all Boxer Grassley Reid of us on each and every pressing social or Brownback Gregg Roberts THE SUPREME COURT legal issue of the day. Indeed, if that were Bunning Hagel Rockefeller Mr. CORNYN. Mr. President, I yield the test, no one would ever pass by this com- Burns Harkin Salazar mittee, much less the full Senate. Burr Hatch Santorum myself 15 minutes out of the majority Byrd Hutchison Sarbanes time, the manager’s time, to address a Similarly, the senior Senator from Cantwell Inhofe Schumer different subject, but one that is time- Vermont declared during the same Carper Inouye Sessions hearing that: Chafee Isakson Shelby ly given some developments earlier Chambliss Jeffords Smith today. Republican or Democrat, a conservative or Clinton Johnson Snowe On July 3, the Washington Post re- a liberal. That’s not the issue. The issue is Cochran Kennedy Specter ported that Democrats signaled that one of competence and whether she has a Coleman Kerry Stabenow sense of fairness. Collins Kohl Stevens whoever the nominee to the U.S. Su- Conrad Kyl Sununu preme Court is, their three likely lines The question is, Why the change of Cornyn Landrieu Talent of attack will be to assert that the heart? I submit that one potential an- Corzine Lautenberg Thomas swer is because it has been a long time Craig Leahy Thune White House did not consult suffi- Crapo Levin Vitter ciently, to paint the nominee as ideo- since the Senate has considered a Su- Dayton Lieberman Voinovich logically extreme, and to finally assert preme Court nominee and perhaps DeWine Lincoln Warner some need to be reminded what the Dodd Lugar Wyden that the Senate has not received suffi- cient documents about the candidate. role of a judge in a democracy is. NAYS—1 I will address the second prong of As a former judge myself, let me Coburn this three-prong attack. That has to do share a few observations with my col- NOT VOTING—3 with ideology and the personal views of leagues. Put simply, judges are not DeMint Lott Mikulski the nominee, or perhaps asking the politicians. Judges do not vote on cases like politicians vote on legislation. The bill (H.R. 2360), as amended, was nominee to predict how they would Judges do not vote for or against envi- passed. likely rule on an issue were it to come ronmental laws because their constitu- (The bill will be printed in a future before the U.S. Supreme Court. Over the past few days, some Mem- ents demand it or because their con- edition of the RECORD.) Mr. LEAHY. Mr. President, I suggest bers on the other side of the aisle have sciences tell them to. They are sup- the absence of a quorum. stated their intention to ask whomever posed to rule on cases only in accord- The PRESIDING OFFICER. The the President nominates to the Su- ance with the law as written by the clerk will please call the roll. preme Court a series of questions on people’s representatives. If a judge dis- The legislative clerk proceeded to where that nominee stands on con- agrees with the law as written, then he call the roll. troversial political issues. For exam- or she is not supposed to substitute his Mr. MCCONNELL. Mr. President, I ple, yesterday the senior Senator from or her views for the people’s views. Any ask unanimous consent that the order Massachusetts said he wants to know other approach is simply inconsistent for the quorum call be rescinded. whether the nominee supports laws re- with democratic theory, with govern- The PRESIDING OFFICER. Without lated to the environment, civil rights, ment by the people, and with respect objection, it is so ordered. and abortion. The senior Senator from for the rule of law. f New York today said he wants to know It is worth noting that this has not what the nominee thinks about any always been the case. The judicial sys- APPOINTMENT OF CONFEREES— one of a number of things, including tem in England during and before the H.R. 2360 the appropriate role of religion in gov- American Revolution was one where The PRESIDING OFFICER. Under ernment and how to balance environ- judges made the law. This is called our the previous order, the Senate insists mental interests against energy inter- common law system or common law on its amendments and requests a con- ests. Indeed, the senior Senator from heritage. Judges made up the law as ference with the House, and the Chair New York has said that ‘‘every ques- they went along, trying to divine the appoints the following conferees: Mr. tion is a legitimate question, period.’’ best rules to govern the interaction be- GREGG, Mr. COCHRAN, Mr. STEVENS, Mr. These questions must be answered, tween citizens. This was a heady SPECTER, Mr. DOMENICI, Mr. SHELBY, they say, because they have a right to power, the common law-making power, Mr. CRAIG, Mr. BENNETT, Mr. ALLARD, know what the nominee’s so-called ‘‘ju- to decide what policies best serve man- Mr. BYRD, Mr. INOUYE, Mr. LEAHY, Ms. dicial philosophy’’ is. kind. MIKULSKI, Mr. KOHL, Mrs. MURRAY, Mr. Let me be clear. Any one of the 100 This is not, however, the judicial sys- REID of Nevada, and Mrs. FEINSTEIN. Senators who has been elected and who tem created by our Founding Fathers

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8291 or by the Federal Constitution to gov- precedent for the right way to do nominee for the bench would resolve ern the Federal courts, including the things exists in the confirmation of particular contentious issues would U.S. Supreme Court. Justice Ruth Bader Ginsburg in 1993. certainly be of interest to the . . . Sen- The Founding Fathers did not believe Prior to her service on the Federal ate in the exercise of [its] confirmation it was consistent with democracy to bench, Justice Ginsburg, a distin- power[,] . . . in accord with a long- allow unelected judges to make laws guished jurist and liberal favorite, standing norm, every member of [the that govern the people. We know this served as the general counsel for the Supreme] Court declined to furnish for three reasons. First, we know this American Civil Liberties Union, an or- such information to the Senate.’’ In because the Constitution says so. The ganization that has championed the other words, just because some Mem- Constitution quite clearly at the very abolition of traditional marriage laws bers may ask these questions does not outset says ‘‘all legislative powers’’— and challenged the validity of the mean the President’s nominee should the power to make the law—‘‘shall be Pledge of Allegiance for invoking the answer them. In accordance with long vested in [the] Congress.’’ This means phrase ‘‘One nation under God.’’ tradition and norms of the Senate in no power to make law is vested in our Before becoming a judge, Justice the confirmation process, they should courts, even in the U.S. Supreme Ginsburg expressed her belief that tra- not answer them. Court. ditional marriage laws are unconstitu- In conclusion, Mr. President, let me Second, we know this because the tional and that prostitution should be say that I hope Members reconsider Framers told us explicitly this is what a constitutional right. She had also their intention to condition the con- they had envisioned. In Federalist written that the Boy Scouts and Girl firmation of the President’s nominees Paper No. 47, for example, James Madi- Scouts are discriminatory institutions on their adherence to a particular po- son noted: and the courts must allow the use of litical platform. Judges are not politi- [W]ere the power of judging joined with the taxpayer funds to pay for abortions— cians, and we do a disservice to the ju- legislative, the life and liberty of the [peo- hardly views the American people dicial branch and its role in our democ- ple] would be exposed to arbitrary control, would consider mainstream. racy by trying to treat them as such. for the judge would then be the legislator. Yet Senate Republicans and Senate Mr. President, I reserve the remain- Finally, we know this because the Democrats alike did not try to exploit der of our time and yield the floor. Supreme Court has also told us so. In her personal views; rather, they over- f 1938, in the famous case of Erie v. whelmingly approved her nomination. Tompkins, the Supreme Court declared There are other reasons why it is in- HONORING OUR ARMED FORCES in no uncertain terms that ‘‘[t]here is appropriate to demand answers to NAVY SEAL SHANE PATTON no federal general common law.’’ questions about particular political Mr. REID. Mr. President, Boulder Judges in our Federal system do not issues. The Founding Fathers wanted City, NV, lies 25 miles east of Las make law, or I should say are not sup- our judges to be independent from the Vegas, near Lake Mead. The city was posed to make law. The laws are made political branches. It threatens the constructed in 1931 to serve as a home for them and indeed for the entire Na- independence of the judiciary to parade for the workers who built Hoover Dam. tion by the people’s representatives in nominees in front of this body and then It has seen limited growth over the last the form of statutes enacted by the to ask them to state their views on 70 years and has never lost its Congress and in the form of the Con- whether, for example, this body has the smalltown feel. stitution that we the people have rati- constitutional power to enact certain Every summer, Boulder City holds a fied to govern our affairs. These are environmental and civil rights laws. Fourth of July celebration. Like most legal texts and they are supposed to tie How a nominee can remain inde- communities, it has fireworks, parades, the hands of judges in our system. pendent if his or her confirmation is and barbeques. But what separates Judges in our system are not supposed conditional on whether he or she Boulder City is its people. Folks who to make up the law as they go along. pledges to uphold legislation from this left long ago return to Boulder City on They are simply supposed to apply the body is beyond me. A nominee could the Fourth of July to reunite with fam- laws made by the people to the facts at not remain independent having made ily and friends, and to remember the hand. such a pledge, so they should not make freedoms that make this country great. If the law is to change, it is because that pledge nor, I submit, should they This year, one of Boulder City’s sons the people are the ones who are sup- be asked to make that pledge. did not come back. Shane Patton, a posed to change it, not because judges In addition, judges in our system are lifelong resident and 2000 graduate of do. Federal judges, again, have no gen- supposed to be impartial. That is why Boulder City High, was killed in action eral common law-making power. Lady Justice has always been blind- last month defending our freedoms in Once we remember the role of judges, folded. It undermines a nominee’s abil- Afghanistan. He was a Navy SEAL and unelected judges, in our democracy, it ity to remain impartial once he or she a hero to us all. is clear why the questions some mem- becomes a judge if he or she has al- I did not know Shane, but I am very bers of the body intend to propound to ready taken positions on issues that familiar with his grandfather Jim and the President’s nominees are so wrong- might come before him or her on the his great-uncle Charlie. We were high headed. So long as we satisfy ourselves bench. For example, if we force nomi- school rivals some 50 years ago. They that the President’s nominee will do nees to pledge to uphold certain envi- played sports for Boulder City. I played what the President has said he wants ronmental or civil rights laws enacted for Basic High. Jim and Charlie were his nominee to do—which is to not by this body in order to win confirma- athletes, and we competed against each make up the law but to simply imple- tion, how is a litigant, challenging one other in baseball and football. ment the law as it has already been en- of those laws in court, supposed to feel At that time, anyone who went to acted by the people’s representatives— when the nominee sits to hear that Boulder City was an arch enemy of there is simply no reason to demand case? The litigant would certainly not anyone who went to Basic. But eventu- answers from the nominee on par- feel as though he or she is receiving ally we mixed and had friends in com- ticular cases. Indeed, the only possible equal and open-minded justice, I can mon. Jim even took a roadtrip from reason a Member would ask these kinds promise you that. Nevada to the Panama Canal and an- of questions is to try to make political It is for this reason the American Bar other to Mexico with my friend Don hay out of the nominee’s personal Association has promulgated a canon Wilson in the 1970s. views. of judicial ethics that prohibits a nomi- Shane’s grandfather has a sense of Special interest groups, in order to nee from making ‘‘pledges, promises or adventure and a commitment to coun- raise money from donors, are pressing commitments that are inconsistent try. It rubbed off on Shane’s dad J.J., members of this Senate to do just that. with the impartial performance of the who was a SEAL, and eventually on But I sincerely hope we can resist the adjudicative duties of the office.’’ It is Shane, who followed in his father’s temptation to turn the impending con- also why, as Justice Ginsburg has re- footsteps by joining the Navy and be- firmation hearings into a political cently noted in an opinion she wrote, coming one of our country’s elite fundraising opportunity. After all, a that, although ‘‘how a prospective SEALs.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8292 CONGRESSIONAL RECORD — SENATE July 14, 2005 Being a Navy SEAL is one of the for the Portland Fire Department and taining full Drug Enforcement Admin- most physically and mentally difficult participating in the Boy Scouts. Per- istration authority over those exports. jobs in the world. The SEALs’ training haps, Lance Corporal Fritsch will most At present, U.S. pharmaceutical is legendary for its toughness. Their be remembered as an aspiring chef as manufacturers are permitted to export missions are dangerous and secret. his former guidance counselor, Jane most controlled substances only to the They work in small teams, on the Rich, vividly recalls. immediate country where the products frontlines of war. Only the best of the Lance Corporal Fritsch will soon be will be consumed. Shipments to cen- best can serve as Seals, and Shane Pat- laid to rest at Rose Hill Cemetery in tralized sites for further distribution ton did it with honor and distinction. Rocky Hill. Lance Corporal Fritsch across national boundaries are prohib- In Afghanistan, Shane died during a lives on through his parents, William ited, even though this same system is combat mission. He was buried last and Mary, and his siblings, Patricia, allowed under the Federal Food, Drug Saturday at the Southern Nevada Vet- Gloria, Bill and Steve whom I thank and Cosmetic Act for products which erans Cemetery in Boulder City. He for his patriotic service. are not controlled substances. The cur- now rests among other Nevada heroes— Our Nation extends its heartfelt con- rent system for export of controlled brave men and women who dedicated dolences to his family. We extend our substances should be contrasted with part of their lives to protecting and appreciation for sharing this out- the freedom of pharmaceutical manu- preserving the freedoms we hold dear. I standing marine with us, and hope that facturers throughout the rest of the attended Shane’s funeral and extended they may find peace and closure. They world to readily move approved med- the appreciation of a grateful Nation. may be justifiably proud of his con- ical products among and between inter- A year from now Boulder City will tributions. national drug control treaty countries without limitation or restriction. again celebrate the Fourth of July. As f is tradition, people from all over will The unique prohibitions imposed on journey back to the city they used to CONTROLLED SUBSTANCES domestic manufacturers disadvantage call home. Shane Patton will not be IMPORT AND EXPORT ACT OF 2005 U.S. businesses by requiring smaller, there. But he will live on in the hearts Mr. HATCH. Mr. President, I rise to more frequent and costly shipments to and minds of everyone in Boulder City speak of the Controlled Substances Ex- each country of use without any de- monstrable benefit to public health or and in everyone who pauses to remem- port Reform Act of 2005. This bill would safety. By imposing significant ber the freedoms we enjoy. make a minor, but long overdue, Shane’s life’s work was keeping us change to the Controlled Substances logistical challenges and financial bur- safe. His service was his gift to us all. Act to reflect the reality of commerce dens on U.S. companies, the law cre- And his sacrifice will never be forgot- in the 21st Century and to protect high- ates a strong incentive for domestic ten. paying American jobs, while maintain- pharmaceutical manufacturers to move production operations overseas, threat- LANCE CORPORAL THOMAS WILLIAM FRITSCH ing strong safeguards on exports. Before I discuss this bill, I want to ening high-wage American jobs. Mr. LIEBERMAN. Mr. President, I The Controlled Substances Act of thank Senator BIDEN for working with rise today to pay tribute to LCpl 1970 permits U.S. manufacturers of me on this important legislation. Sen- Thomas William Fritsch, U.S. Marines, Schedule I and II substances and ator BIDEN has long been recognized as of Cromwell, CT. Lance Corporal Schedule III and IV narcotics to export a national leader on drug-related meas- Fritsch lived as a true patriot and de- their products from U.S. manufac- ures, and we have a history of working fender of our great Nation’s principles turing sites only to the receiving coun- of freedom and justice. together on a bipartisan basis to enact try where the drug will be used. The While serving during the Vietnam sensible reforms in this area, as evi- law prohibits export of these products War, a group of marines from Battery denced by the recent enactment of our if the drugs are to be distributed out- D, including Lance Corporal Fritsch, steroid precursor bill. I respect his side the country to which they are ini- was assigned to search for Sergeant thoughtful collaboration, and I thank tially sent. The effect of this restric- Miller and medic Thomas Perry. The him for his work on this proposal. tion is to prevent American businesses search had become necessary when it I would also like to thank Chairman from using cost-effective, centralized was apparent that the medic was miss- SPECTER for his critical work on this foreign distribution facilities. In addi- ing during the evacuation of the base legislation. We would not be able to tion, under the current regime, unex- at Ngok Tavak which had come under move this important bill without his pected cross-border demands or surges enemy attack early on the morning of efforts. Furthermore, I would like to in patient needs cannot be met. Like- the 10th of May, 1968. It was during the thank the majority leader for moving wise, complex and time-sensitive ex- course of this search when the small this legislation during the last Con- port licensing procedures prevent the group was attacked by enemy fire. gress. We were able to pass the meas- shipment of pharmaceuticals on a real Although it has been 37 years since ure last fall, and I hope that we may do time basis. his loss, his repatriation serves as a so again in the near future. European drug manufacturers face no testament to our Nation’s commitment This Hatch-Biden bill has been my such constraints. They are able to free- to our Prisoners of War, those Missing priority for a number of years. The ly move their exported products from in Action, and their families. I com- need for this legislation was first one nation to another while complying mend the Department of Defense Pris- brought to my attention by a number with host country laws. This is entirely oner of War and Missing Personnel Of- of Utah companies, who had experi- consistent with the scheme of regula- fice for their remarkable and tireless enced significant difficulties in export- tion imposed by international drug efforts during their numerous inves- ing their pharmaceutical products. control treaties. Only the United tigations which have once again been Under current law, there are two dif- States imposes the additional limita- successful in identifying one of our Na- fering regulatory schemes governing tion of prohibiting the further transfer tion’s heroes. I can only imagine the export of U.S.-manufactured pharma- of controlled substances. Thus, while a range of emotions caused by the loss ceutical products. One system, adopted French or British company can ship its and years of uncertainty experienced by the Congress 10 years ago, governs products to a central warehouse in Ger- by Lance Corporal Fritsch’s family, as products regulated under the Federal many for subsequent distribution well as other families of our service- Food, Drug and Cosmetic Act. The across the European Union, an Amer- men missing in action. other, which we are today proposing to ican company must incur the added In addition to his family, there are harmonize with the food and drug law, costs of shipping its products sepa- many in Connecticut who still remem- governs pharmaceuticals with abuse rately to each individual country. ber him fondly. As a 1966 graduate of potential regulated under the Con- S. 1395, the Controlled Substances the EC Goodwin Technical-Vocational trolled Substances Act. In sum, our Export Reform Act, would correct this School in New Britain, CT, he is re- proposed legislation amends the Con- imbalance and permit the highly-regu- membered as a good friend, a good trolled Substances Act to allow greater lated transshipment of exported phar- neighbor, and an active member of the opportunities for U.S. manufacturers maceuticals placing American busi- community who enjoyed volunteering to send their products abroad, still re- nesses on an equal footing with the

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8293 rest of the world. Importantly, how- essary on three days’ notice of the date, amendment has been delivered to the office ever, DEA’s authority to control U.S. time, place and subject matter of the meet- of the Committee and circulated via e-mail exports would not be diminished. ing, or in the alternative with the consent of to each of the offices by at least 5:00 PM the The legislation authorizes the Attor- the Ranking Minority Member, or pursuant day prior to the scheduled start of the meet- ney General, or his designee, the DEA, to the provision of the Standing Rules of the ing. Senate, as amended. 2. It shall be in order, without prior notice, to permit the re-export of Schedule I 2. Unless otherwise called pursuant to (1) for a Member to offer a motion to strike a and II substances and Schedule III and of this section, Committee meetings shall single section of any bill, resolution, or IV narcotics to countries that are par- take place promptly at 9:30 AM each Thurs- amendment under consideration. ties to the Single Convention on Nar- day the Senate is in session. 3. The time limit imposed on the filing of cotic Drugs and the Convention on 3. At the request of any Member, or by ac- amendments shall apply to no more than Psychotropic Substances under tightly tion of the Chairman, a bill, matter, or nom- three bills identified by the Chairman and controlled circumstances: First, each ination on the agenda of the Committee may included on the Committee’s legislative country is required to have an estab- be held over until the next meeting of the agenda. Committee or for one week, whichever oc- lished system of controls deemed ade- 4. This section of the rule may be waived curs later. by agreement of the Chairman and the Rank- quate by the DEA. Next, only permit or II. HEARINGS OF THE COMMITTEE ing Minority Member. license holders in those countries may VI. PROXY VOTING receive regulated products. Third, re- 1. The Committee shall provide a public announcement of the date, time, place and exports are limited to one single cross- 1. When a recorded vote is taken in the subject matter of any hearing to be con- Committee on any bill, resolution, amend- border transfer. Then the DEA must be ducted by the Committee or any Sub- ment, or any other question, a quorum being satisfied by substantial evidence that committee at least seven calendar days prior present, a Member who is unable to attend the exported substance will be used to to the commencement of that hearing, un- the meeting may submit her vote by proxy, meet an actual medical, scientific or less the Chairman with the consent of the in writing or by telephone, or through per- other legitimate need, and that the Ranking Minority Member determines that sonal instructions. A proxy must be specific second country of receipt will hold or good cause exists to begin such hearing at an with respect to the matters it addresses and issue appropriate import licenses or earlier date. Witnesses shall provide a writ- may not be counted either in reporting a permits. Fifth, in addition, the ex- ten statement of their testimony and cur- matter, bill, or nomination to the floor, or in riculum vitae to the Committee at least 24 porter must notify the DEA in writing preventing any of the same from being re- hours preceding the hearing testimony in as ported to the floor. within 30 days of a re-export. And fi- many copies as the Chairman of the Com- VII. SUBCOMMITTEES nally, an export permit must have been mittee or Subcommittee prescribes. issued by the DEA. 2. In the event 14 calendar days’ notice of 1. Any Member of the Committee may sit These safeguards are rigorous but a hearing has been made, any witness ap- with any Subcommittee during its hearings fair, and represent a much-needed mod- pearing before the Committee, including any or any other meeting, but shall not have the authority to vote on any matter before the ernization of the law. The current re- witness representing a Government agency, must file with the Committee at least 48 Subcommittee unless she is a Member of strictions on U.S. exports of controlled such Subcommittee. substances have remained essentially hours preceding her appearance a written statement of her testimony and curriculum 2. Subcommittees shall be considered de unchanged for more than 30 years. In vitae in as many copies as the Chairman of novo whenever there is a change in the Sub- that time, the global economy has the Committee or Subcommittee prescribes. committee chairmanship and seniority on changed dramatically. For those In the event the witness fails to file a writ- the particular Subcommittee shall not nec- among us who express concerns about ten statement in accordance with this rule, essarily apply. the outsourcing of American jobs and the Chairman may permit the witness to tes- 3. Except for matters retained at the full tify, or deny the witness the privilege of tes- Committee, matters shall be referred to the the competitiveness of U.S. companies, appropriate Subcommittee or Subcommit- this modest change represents an op- tifying before the Committee, or permit the witness to testify in response to questions tees by the Chairman, except as agreed by a portunity to address such problems majority vote of the Committee or by the head-on. from Senators without the benefit of giving an opening statement. agreement of the Chairman and the Ranking The Controlled Substance Act’s limi- Minority Member. tation on U.S. pharmaceutical exports III. QUORUMS 4. Provided all Members of the Sub- imposes unique, unnecessary, and sig- 1. One-third of the membership of the Com- committee consent, a bill or other matter nificant logistical and financial bur- mittee, actually present, shall constitute a may be polled out of the Subcommittee. In quorum for the purpose of discussing busi- dens on American businesses. The ef- order to be polled out of a Subcommittee, a ness. Eight members of the Committee, in- majority of the Members of the Sub- fect of this outdated policy is to create cluding at least two members of the minor- committee who vote, must vote in favor of a strong incentive for domestic phar- ity, must be present to transact business. No reporting the bill or matter to the Com- maceutical companies to move produc- bill, matter, or nomination shall be ordered mittee. reported from the Committee, however, un- tion overseas, threatening American VIII. ATTENDANCE RULES jobs and eliminating DEA jurisdiction less a majority of the Committee is actually present at the time such action is taken and 1. Official attendance at all Committee over the manufacture and shipment of markups and executive sessions of the Com- their products. The Controlled Sub- a majority of those present support the ac- tion taken. mittee shall be kept by the Committee stances Export Reform Act removes 2. For the purpose of taking sworn testi- Clerk. Official attendance at all Sub- this unwarranted barrier to U.S. manu- mony, a quorum of the Committee and each committee markups and executive sessions facturers’ use of cost-effective distribu- Subcommittee thereof, now or hereafter ap- shall be kept by the Subcommittee Clerk. tion techniques while retaining full pointed, shall consist of one Senator. 2. Official attendance at all hearings shall be kept, provided that Senators are notified DEA control of U.S. exports and re-ex- IV. BRINGING A MATTER TO A VOTE ports. Accordingly, I urge my col- by the Committee Chairman and Ranking 1. The Chairman shall entertain a non-de- Minority Member, in the case of Committee leagues to join Senator BIDEN and my- batable motion to bring a matter before the hearings, and by the Subcommittee Chair- self in support of this bill. Committee to a vote. If there is objection to man and Ranking Minority Member, in the f bring the matter to a vote without further case of Subcommittee hearings, 48 hours in debate, a roll call vote of the Committee advance of the hearing that attendance will RULES OF THE SENATE shall be taken, and debate shall be termi- be taken; otherwise, no attendance will be COMMITTEE ON THE JUDICIARY nated if the motion to bring the matter to a taken. Attendance at all hearings is encour- Mr. SPECTER. Mr. President, I ask vote without further debate passes with ten aged. unanimous consent that the Com- votes in the affirmative, one of which must be cast by the minority. f mittee Rules approved by the Senate V AMENDMENTS NATIVE HAWAIIAN GOVERNMENT Committee on the Judiciary be in- . 1. Provided at least seven calendar days’ REORGANIZATION ACT OF 2005 cluded in the RECORD for today, July notice of the agenda is given, and the text of 14, 2005. Mr. AKAKA. Mr. President, for the the proposed bill or resolution has been made past 6 years, I have worked with my RULES OF THE SENATE COMMITTEE ON THE available at least seven calendar days in ad- JUDICIARY vance, it shall not be in order for the Com- colleagues in Hawaii’s congressional I. MEETINGS OF THE COMMITTEE mittee to consider any amendment in the delegation to enact legislation to ex- 1. Meetings of the Committee may be first degree proposed to any measure under tend the Federal policy of self-govern- called by the Chairman as he may deem nec- consideration by the Committee unless such ance and self-determination to Native

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8294 CONGRESSIONAL RECORD — SENATE July 14, 2005 Hawaiians. On July 12, 2005, The New sense of dispossession among native Hawai- S. Res. 134, a resolution expressing the York Times published an editorial ians, who make up about 20 percent of the sense of the Senate regarding the mas- piece that captures the essence of what population. sacre at Srebrenica in July 1995, the we have been trying to do for the peo- Into the void has stepped Senator Daniel largest single mass execution in Eu- Akaka, the first native Hawaiian in Con- ple of Hawaii. gress, who is the lead sponsor of a bill to ex- rope since World War II. Our bill, S. 147, the Native Hawaiian tend federal recognition to native Hawaiians, In has been 10 years since the war in Government Reorganization Act of giving them the rights of self-government as the Balkans has dominated inter- 2005, provides a process for Native Ha- indigenous people that only American Indi- national headlines. The September 11, waiians to reorganize their governing ans and native Alaskans now enjoy. The 2001 attacks in the United States and entity for the purposes of a federally Akaka bill has the support of Hawaii’s Con- the resulting war on terror have taken recognized government-to-government gressional delegation, the State Legislature center stage and rightly dominated our relationship with the United States. and even its Republican governor, Linda foreign policy. But the 40,000 Bosnians Lingle. It will go before the Senate for a vote Following recognition, the bill pro- living in the St. Louis area saw the as soon as next week. ugly face of terrorism in Srebrenica in vides for a negotiations process be- The bill would allow native Hawaiians—de- tween the governing entity and the fined, in part, as anyone with indigenous an- July 1995, when approximately 8,000 State and Federal governments to de- cestors living in the islands before the king- Muslim men and boys were massacred, termine how the Native Hawaiian gov- dom fell—to elect a governing body that and hundreds of women and children erning entity will exercise its govern- would negotiate with the Federal Govern- were tortured and raped in an area that mental authority. The negotiations ment over land and other natural resources was supposedly under the protection of process is intended to represent all in- and assets. There is a lot of money and prop- the United States. Tens of thousands erty at stake, including nearly two million were evicted from their homes and terested parties through the State, acres of ‘‘ceded lands,’’ once owned by the Federal and native governments; and forced to flee their homeland. monarchy; hundreds of thousands of acres As a direct result of the war in Bos- provides the structure that has been set aside long ago for Hawaiian home- missing since 1893 for Hawaii’s people steaders; and hundreds of millions of dollars nia-Herzegovina, more than 40,000 Bos- to address the longstanding issue re- in entitlement programs. nian immigrants now live in the St. sulting from the overthrow of the Much of what is now the responsibility of Louis area. In fact, it is a privilege for Kingdom of Hawaii. This bill provides two State agencies, the Office of Hawaiian the City of St. Louis to be the home of the people of Hawaii with an oppor- Affairs and the Department of Hawaiian more Bosnians than anywhere in the Home Lands, would become the purview of tunity for reconciliation and healing so world outside Bosnia. Our Bosnian im- the new government. migrants are productive, peaceful citi- that we can move forward as a State. There are many jurisdictional and proce- Opponents of the legislation have zens who are making vital contribu- dural details to work out, but Mr. Akaka and tions to the revitalization of the city characterized its effect as divisive. The others insist that the bill precludes radical purpose of my bill, however, is to bring outcomes. and adding ethnic diversity that en- unity in the State by providing an in- There would be no cash reparations, no riches our community. But as they re- clusive process for all of us, Native Ha- new entitlements, no land grabs and espe- build their lives, they still bear the waiian and non-Native Hawaiian, to fi- cially no Indian-style casinos, which are a emotional scars as victims of genocide hot topic in Hawaii, one of only two states nally address the consequences of our and the evils of ethnic cleansing. that outlaw all gambling. It is a solemn 10 year anniversary the painful history. Lawrence Downes, The The bill’s critics include those who see it world will commemorate in July. As New York Times editorial writer who as a race-based scheme to balkanize a racial we remember the victims of Srebrenica authored the article, captured this in paradise. On the other flank, radical Hawai- with this resolution, we also reiterate his piece. I ask unanimous consent ian groups say the bill undercuts their real our support for efforts to identify vic- that the article entitled, ‘‘In Hawaii, A dream: to take the 50th star off the flag and tims of this massacre through DNA Chance to Heal, Long Delayed,’’ be to create a government that does its negoti- ating with the State Department, not Inte- matching and allow families a sense of printed in today’s RECORD in its en- rior. closure that comes with the oppor- tirety. Mr. Akaka argues, convincingly, that be- tunity to appropriately commemorate There being no objection, the mate- yond the bill’s practical benefits in stream- and bury their loved ones. The victims rial was ordered to be printed in the lining the management of assets and the of this genocide also deserve our efforts RECORD, as follows: flow of money, it is a crucial step in a long, to put international pressure on those [From the New York Times, July 12, 2005] slow process of reconciliation. As he sees it, responsible for this terrible tragedy, Hawaii’s cultural renaissance has exposed IN HAWAII, A CHANCE TO HEAL, LONG DELAYED including Serbian political leader, (By Lawrence Downes) the unhealed wound in the native psyche. He has witnessed it in young people, more rad- Radovan Karadzic and General Ratko Less than a month after 9/11, with ter- ical than their elders, as they adopt a tone of Mladic, and bring them to justice. rorism fears threatening to put jet travel uncharacteristic hostility and resentment in As we join with our new Bosnian im- and thus the Hawaiian economy into a death sovereignty marches. He has noted a wari- migrants to commemorate the spiral, tourism officials there announced an ness that is at odds with the conciliatory emergency marketing campaign to promote Srebrenica massacre, it is my hope mood struck in 1993, when President Bill that we will commit ourselves once the State as a place of rest, solace and heal- Clinton signed a resolution apologizing for ing. Anyone who has ever stepped off a plane again to oppose the evil of ethnic the kingdom’s overthrow. cleansing and genocide. in Honolulu, trading the brittle staleness of Mr. Akaka says his bill offers vital encour- the aircraft cabin for the liquid Hawaiian agement to a group that makes up a dis- f breeze, warm and heavy with the scent of proportionate share of the islands’ poor, HEARING HEALTH flowers, knows exactly what they meant. sick, homeless and imprisoned, while steer- The selling of Hawaii as a land of gracious ing a moderate course between extremes of Mr. JOHNSON. Mr. President, today I welcome works so well because it happens to agitation and apathy. want to address this body in order to be true. But for the members of one group, The spirit of aloha, of gentle welcome, is help raise awareness about an impor- that has always evoked a bitter taste: native the direct legacy of native culture and an in- Hawaiians, the descendants of Polynesian tant health problem in our society. calculable gift the Hawaiian people have voyagers who settled the islands in antiquity Hearing loss impacts the lives of 28 made to everyone who has ever traveled and lived there in isolation until the late million men, women, and children in there—wobbly-legged sailors and mission- 1700’s. Ever since Captain Cook, the native the United States. As baby boomers aries, dogged immigrants and sun-scorched Hawaiian story has been a litany of loss: loss reach retirement age, that number will tourists. The Akaka bill, with its first steps of land and of a way of life, of population at long-deferred Hawaiian self-determina- rapidly climb and nearly double by through sickness and disease, and of self-de- tion, seems like an obvious thing to give in 2030. termination when United States marines return, an overdue measure of simple grati- The combined effects of noise, aging, toppled the monarchy in 1893. tude. disease, and heredity have made hear- Over decades, the islands emerged as a vi- brant multiracial society and the proud 50th f ing impairments a reality for many Americans. Children with hearing loss State. Hawaiian culture—language and art, MASSACRE AT SREBRENICA religion and music—has undergone a pro- may lack speech and language develop- found rebirth since the 1970’s. But under- Mr. BOND. Mr. President, I rise ment skills. Seniors may find it dif- neath this modern history remains a deep today in support of the recently passed ficult to talk with friends, listen to the

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8295 television, or hear an alarm. For all is mostly a baby-boomer phenomenon, the urban (motorcycles, subway trains, car Americans, recognizing and treating threat of hearing loss—and the need for pre- alarms) and rural (chain saws, snowmobiles, hearing loss can be the difference be- vention—isn’t limited to a single age group. shotguns), assault and insult these gorgeous We are all caught in the constant roar of the instruments. tween dependence and independence. 21st century. It’s the rare kid today who Most common types of hearing loss occur Across the country, awareness cam- doesn’t have wires snaking out of her ears as at the higher frequencies and are caused by paigns have identified hearing loss as a she rocks through the day to her own per- damage to hair cells. Slattery describes the major public-health issue. Last month, sonal soundtrack. Televisions are bigger and cochlea as ‘‘a piano, with 15,000 keys rather Newsweek had a cover story discussing louder than ever, and so are movie theaters. than 88.’’ Different parts of the cochlea proc- the impact of hearing loss on young One study estimates that as many as 5.2 mil- ess different frequencies of sound, so when Americans. Experts estimate that 21 lion children in the United States between 6 you have hearing loss at a certain frequency, it’s as if that part of the keyboard is not million people could benefit from a and 19 have some hearing damage from am- plified music and other sources. If they don’t functioning. Various levels of noise affect hearing aid, but do not use them or take steps to protect their hearing, the iPod hair cells in various ways. If a rocket-pro- have access to them. I will ask unani- Generation faces the same fate as the Wood- pelled grenade goes off right next to you, you mous consent to insert this important stock Generation. Or worse. can experience ‘‘acoustic trauma’’ that kills news article in the RECORD, so that all Thanks to their years of living loudly, hair cells and causes the instant loss of a of our colleagues can read and learn many boomers are ahead of schedule when it great deal of hearing. (Hearing loss is the comes to hearing loss, showing symptoms in third most commonly diagnosed service-re- more about this issue. In addition to lated ailment, according to the Department educating themselves, I also ask that their late 40s and 50s. (In the past, patients usually weren’t diagnosed until their 60s or of Veterans Affairs.) Hanging out directly in Members educate their loved ones and later.) ‘‘We’re seeing hearing loss from noise front of the speakers at a Green Day concert constituents about this important develop at an earlier age than we used to,’’ could result in a less serious ‘‘temporary issue. says Dr. Jennifer Derebery, immediate past threshold shift,’’ in which the hair cells are To ensure that Medicare bene- president of the American Academy of Oto- stressed but not permanently damaged. Such ficiaries receive direct access to serv- laryngology—Head and Neck Surgery. ‘‘It’s a stress is often accompanied by ringing in the huge problem.’’ The good news: though hear- ears that can last for hours or even days. ices, I have introduced the Hearing (Derebery notes that repeated threshold Health Accessibility Act of 2005, S.277 ing loss can’t be reversed, reducing exposure to excessive noise, like quitting cigarettes, shifts can lead to permanent hearing loss.) in February of this year. I would like can improve your health and quality of life, And then there’s what might be called noisy- to take this moment to thank all of my no matter your age. world syndrome. While an individual’s noise colleagues that have cosponsored and Of course, noise isn’t the only culprit. exposure may not reach the official danger supported this legislation. I urge other ‘‘Even if you spent your life in the library, zone, the worry is that the chronic din of Senators to consider cosponsoring my you wouldn’t hear as well when you’re 70 as daily life could lead to deterioration over you do when you’re 20,’’ says Dr. Robert time. ‘‘There’s not a lot of data about it,’’ bipartisan bill which will become in- says Rabinowitz, ‘‘but our concern is that creasingly important as baby boomers Dobie, professor of otolaryngology (ear, nose and throat) at the University of California, there is less and less time for the ears to enter retirement. Davis. But who spent their lives in the li- rest, and so the hair cells are going to be pre- I ask unanimous consent the edi- brary? Not Kathy Peck and her fans; not the maturely exhausted.’’ Protecting your hearing starts with under- torial to which I referred be printed in folks riding jackhammers on road crews, and standing how noise works. The classic ‘‘for- the RECORD. not the firefighters and cops dashing to the There being no objection, the mate- mula’’ for assessing the risk of hearing loss rescue with their sirens screaming. Even pe- is the intensity of the noise, measured in rial was ordered to be printed in the diatricians have been known to develop hear- decibels (the danger starts at 85 decibels, RECORD, as follows: ing problems after years spent around crying roughly the sound of a lawn mower), multi- [From Newsweek, June 6, 2005] babies. When you combine the excessive plied by duration, the time of exposure. In noise they have experienced at work, home A LITTLE BIT LOUDER, PLEASE other words, the louder the noise, the less and play with the natural effects of aging, (By David Noonan) time you should be exposed to it. Prolonged boomers end up on the receiving end of what exposure to any noise above 85 decibels can Kathy Peck has some great memories of Dr. Peter Rabinowitz at the Yale School of cause gradual hearing loss. According to her days playing bass and singing with The Medicine calls a ‘‘double whammy that what experts call the ‘‘five-decibel rule,’’ for Contractions, an all-female punk band. The makes people much more symptomatic.’’ each five-decibel increase, the permissible San Francisco group developed a loyal fol- But progress is being made on many fronts. exposure time is cut in half. So one hour at lowing as it played hundreds of shows, and Awareness and prevention efforts—commu- 110 decibels is equivalent to eight hours at 95 released two singles and an album between nity-based, state and nationwide programs— decibels. And sound levels above 116 decibels 1979 and 1985. Their music was fun, fast and are gaining support around the country as (snowmobiles are about 120, rock concerts loud. Too loud, as it turned out. After The hearing loss is increasingly recognized as a about 140) are unsafe for any period of time. Contractions opened for Duran Duran in public-health issue. Advances in digital tech- For millions of Americans, excessive noise front of thousands of screaming teeny- nology have dramatically improved hearing in the workplace is a daily threat. Angelo boppers at the Oakland Coliseum in 1984, aids; they are smaller than ever, with far Iasillo, 45, has worked in road construction Peck’s ears were ringing for days. Then her better sound quality. And clinical trials are since 1989, operating jackhammers and a hearing gradually deteriorated. ‘‘It got to now underway on permanent, implantable ‘‘road grinder’’ to tear up Chicago’s streets. the point where I couldn’t hear conversa- hearing aids for the middle ear which will He first noticed a problem with his hearing tions,’’ says Peck, now in her 50s. ‘‘People’s offer sound that is superior even to the best when he was in his early 30s and found him- lips would move and there was no sound. I external aids. On the biological front, sci- self asking more and more people to repeat was totally freaked out.’’ entists are busy trying to unlock the genet- themselves. He also demonstrated another Peck the punk rocker lived out one of her ics of hearing to find a way to regenerate the classic symptom. ‘‘I was always putting the generation’s musical fantasies two decades sensitive hair cells, essential for hearing, TV up louder,’’ he recalls. Worried, he went ago; Peck the hearing-impaired has been liv- that line the cochlea, the spiral, seashell- to the doctor and was told, at 32, that he had ing out one of its fears ever since. like structure located in the inner ear. And the hearing of an 80-year-old. Today, Iasillo Over the years she has battled her prob- way out on the horizon of the cutting edge, wears a hearing aid, uses a vibrating alarm lem, a combination of noise-induced hearing researchers have created an experimental clock that he keeps under his pillow and has loss and a congenital condition (diagnosed brain-implant system that bypasses the ear his doorbell rigged to a lamp—it blinks when after the traumatic concert), with a variety altogether and sends sound from an external someone rings. of strategies and interventions, including receiver to the part of the brainstem that While the Occupational Safety and Health sign language, lip reading, double hearing processes sound. Administration (OSHA) has made great aids and, eventually, surgery on the tiny The product of extraordinary, even beau- headway against noise-induced hearing loss bones in her middle ears. Today Peck, who tiful, anatomy, hearing is a natural wonder in the past 20 years, compliance with federal used to cry with frustration at movies be- and exactly the sort of gift we tend to take regulations can be a problem in some occu- cause she couldn’t hear the dialogue, still for granted. ‘‘Unfortunately, a lot of people pations. Earplugs would certainly help pro- has ringing in her ears (tinnitus) and mild do not value their hearing,’’ says Dr. William tect road workers like Iasillo, but to be safe hearing loss, but gets by , without help. Slattery, director of clinical studies at the at busy work sites they also need to hear Aging rockers aren’t the only ones strug- House Ear Institute in Los Angeles. Hearing what is happening around them. And some gling with diminished hearing these days. may also be too good for its own good. professions are louder than we think. Truck- More than 28 million Americans currently Human ears were originally meant to pick drivers, for example, have a high incidence of have some degree of hearing loss, from mild up the faintest sounds of predators stalking hearing loss in their left ears from traffic to severe, and the number is expected to soar our long-ago ancestors—the snap of twigs in noise, says Hinrich Staecker, professor of in the coming years—reaching an astounding the forest, the rustle of grass on the savanna. otolaryngology at the University of Mary- 78 million by 2030. While that looming surge The crash and racket of modern life, both land School of Medicine.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8296 CONGRESSIONAL RECORD — SENATE July 14, 2005 The National Institutes of Health runs a until insurance companies start paying for damage, taking four lives and bringing campaign against noise-induced hearing loss, hearing aids (they are under increasing pres- back terrible memories of last sum- called ‘‘Wise Ears,’’ that emphasizes basic sure to do so), the $15,000-to-$20,000 devices— mer’s four hurricanes. Some people in steps like wearing earplugs when operating intended for those with moderate to severe north Florida were still recovering power tools and moderating the volume on hearing loss—will remain out of reach for personal listening devices. The ubiquitous most. from Hurricane Ivan when Dennis music players, which send sound directly A more permanent solution to hearing struck. down the ear canal, are a potential problem loss—regenerating damaged cochlear hair I was down in Pensacola on Monday for millions of Americans, young and old. In cells—is the shared goal of a scattered band and saw the damage wrought by Den- a recent informal study at the House Ear In- of researchers around the country. Unlike nis. People are still without power in stitute, researchers found that the new gen- birds and other lower vertebrates, which can the summer heat. Food, clean water eration of digital audio players, with their regenerate hair cells, humans and other and ice are absolutely vital right now. exceptional clarity, allow listeners to turn mammals get one set, and that’s it. If sci- Many coastal areas, like the small vil- up the volume without the signal distortion entists can discover a way to grow new hair that occurs with traditional analog audio. cells in humans, exciting new treatments lage of St. Mark’s, were deluged by Without distortion, which serves as kind of could be devised. Already, researchers at the water from the ten foot storm surge. natural volume governor, listeners may be University of Michigan have used gene ther- Mitigation helps us to better prepare exposed to unsafe sound levels without real- apy to grow new hair cells in guinea pigs. At for future storms, lessens their impact izing it. In preliminary observations, the the House Ear Institute, Andrew Groves and and saves lives. music at the eardrum topped 115 decibels. Neil Segil are studying the embryonic devel- Last summer, when the Internal Rev- Exposure to noise that loud for more than 28 opment of hair cells in genetically engi- seconds per day, over time, can cause perma- enue Service ruled that FEMA mitiga- neered mice. If they can unravel the process, tion grants must be reported as taxable nent damage. figure out how it starts and why it stops in Kathy Peck, who learned the hard way mammals, they may eventually be able to income, I worked to advance a bill en- about the dangers of loud music, has dedi- reactivate the cells and have them make new suring they were exempt from Federal cated herself to helping other musicians hair cells. In a related experiment, they have taxes. This bill was signed into law by avoid her fate. Along with Dr. Flash Gordon, managed to coax some embryonic cochlear the President on April 15. Each year, the physician from the Haight Ashbury Free cells in mice to restart and become hair hundreds of Floridians use mitigation Clinic who helped with her hearing loss 20 cells. ‘‘This is new stuff,’’ says Segil, with years ago, Peck cofounded Hearing Edu- grants to protect their lives and prop- the calm that often masks excitement in sci- cation and Awareness for Rockers (HEAR). erty from future natural disasters. Now entific circles. Since its inception in 1988 (with seed money they know for sure that accepting a ‘‘If you are going to have a hearing loss, from the Who’s Pete Townshend, whose hear- this is the best time to do it,’’ says Char mitigation grant to flood proof their ing was also trashed by loud music), the Sivertson, who began to lose her hearing home won’t result in higher taxes. group has helped thousands of young without discernible cause when she was a Yet even with this relief, another rockers, distributing free earplugs at clubs, teenager. Sivertson is downright enthusi- IRS ruling is causing problems with concerts and music festivals, and providing astic about things like closed captioning. the flood insurance program. That’s be- free screenings by audiologists. ‘‘It’s incredible; now I’m not left out of TV,’’ For more than 6 million Americans, hear- cause according to the IRS, a National she says, and ticks off other high -tech ad- ing aids are the best available solution for Flood Insurance Program, NFIP, grant vances, such as digital hearing aids and everything from mild to profound hearing must be included as income. This could phones that can be ‘‘tuned’’ to improve the loss. Today’s digital devices, like the analog clarity of the caller’s voice. make some recipients ineligible for instruments that preceded them, amplify But Sivertson, an activist member of the crucial Federal assistance programs sound and transmit it down the ear canal to Association of Late-Deafened Adults like Food Stamps, aid to dependent the eardrum. But the similarities end there. (ALDA), a support group, wasn’t always so children and Medicaid. No one should Thanks to digital technologies, modern aids gung-ho. ‘‘I was in denial for years and offer better sound quality (above). Top-of- have to choose between making their years,’’ she says. ‘‘I tried to pass for hearing, the-line models feature ‘‘directional’’ or home safe from flooding and food or which was ridiculous.’’ Sivertson was using ‘‘high definition’’ hearing. These devices use medicine. No other kind of emergency hearing aids by the age of 24, but it was an- two microphones and an algorithm to en- assistance granted by FEMA counts to- other 20 years before she fully accepted her hance sound coming from the front (the per- fate. And there were some dark days in be- ward income and neither should flood son you are talking to), while tuning down tween. Every few years, her hearing would mitigation grants. sound coming from behind (the rest of the suddenly get worse. After one such drop, ‘‘I I’m pleased to sign onto legislation noisy party). Despite such encouraging technical ad- was very depressed,’’ says Sivertson, now 57. introduced by my colleague from Flor- vances, there are about 21 million people in ‘‘I wasn’t exactly suicidal, but I was think- ida which would prevent Federal agen- the United States who could benefit from ing, ‘I’m not sure life is going to be very cies administering means-tested bene- hearing aids, but don’t use them. Many sim- meaningful for me from this point on’.’’ fits from counting NFIP grants as in- ply can’t afford them. Their costs range from Sivertson faced a myriad problems while come. I hope the Senate will consider raising her two sons, Dak and Matt. When a few hundred dollars for a basic analog de- this legislation quickly and provide vice to $3,500 for high-end instruments, and there was a school matter or some other issue to discuss, her sons tended to bypass peace of mind to Floridians and other are rarely covered by insurance. Another Americans living in disaster prone reason some folks eschew aids is discom- her and go to their dad, Larry, who has nor- fort—they simply don’t like the feeling of mal hearing. ‘‘Kids don’t want to repeat areas of the country. walking around with a plugged ear canal. themselves and stuff like that,’’ says Larry f Sivertson. ‘‘It’s up to the hearing spouse to And even with digital technology, people can ADDITIONAL STATEMENTS still have difficulty separating speech they make sure that the person with hearing loss want to hear from the background noise, a is involved.’’ Char Sivertson found peace of mind through her association with ALDA. common hearing-aid problem. Yet another CONGRATULATING MS. SHANNON obstacle to wider use is stigma—many people Joining such a group, she says, ‘‘is the No. 1 associate hearing aids with aging, Slattery thing you can do for yourself’’ if you develop MURPHY says, and would just as soon cup a hand be- hearing loss later in life. ∑ Mr. BUNNING. Mr. President, today I hind their ear. ‘‘They’re afraid to look old, And here’s something you can do before you reach that point—learn to appreciate rise to congratulate Ms. Shannon Mur- but they don’t mind looking dumb.’’ phy of Louisville, KY. Ms. Murphy re- A new generation of implantable and semi- what you already have. Says Yale’s implantable hearing aids, currently being de- Rabinowitz: ‘‘If you are watching your diet, cently completed the 2004–2005 United veloped and tested, could solve many of if you are exercising, then protecting your States Holocaust Memorial Museum’s these problems. Unlike conventional aids, hearing should be part of your lifestyle.’’ Teacher Fellowship Program. the new devices transmit sound vibrations Sounds good to us. The Museum Teacher Fellowship directly to the bones in the middle ear, by- f Program develops a national corps of passing the eardrum and improving speech skilled secondary school educators who perception. ‘‘You can amplify the higher fre- GRANTS UNDER THE NATIONAL will serve as leaders in Holocaust edu- quencies without feedback problems,’’ says FLOOD INSURANCE PROGRAM cation in their schools, their commu- Slattery, ‘‘and that gives a richness to the sound. It’s the high frequencies that help Mr. NELSON of Florida. Mr. Presi- nities, and their professional organiza- you localize sound and hear better in noisy dent, on Sunday afternoon, Hurricane tions. In August of 2004, Ms. Murphy situations.’’ Other pluses: no clogged ear Dennis made landfall on Florida’s Gulf participated in a summer institute at canal and no visible sign of infirmity. But Coast, causing billions of dollars in the Museum designed to immerse

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8297 teachers in advanced historical and first of many historical achievements that our national obligation is not only pedagogical issues connected to the that will forever be linked to White to the soldier in the field but to the Holocaust. Sands. family a fallen soldier leaves behind. It is truly an honor to have Ms. Mur- At White Sands the technology was Prior to World War II, many military phy join the other 185 Museum Teacher developed and matured that would pro- widows and their families did not have Fellows who work throughout the pel the United States into space and to a strong voice to advocate on their be- country to provide teachers and com- the Moon. Beginning with the reverse half. All of that changed in New York munities with opportunities to learn engineering and testing of captured when 23-year-old Marie Jordan, whose about the Holocaust and the ongoing German V2 rockets at the end of the husband Edward died in Germany, col- threats of genocide in the world today. Second World War, a base of knowledge lected women’s names as they appeared I heartily applaud Ms. Murphy’s hard was created there that would lead di- in military obituaries and invited a work and achievements.∑ rectly to the development of the Red- small group over for coffee. Once to- f stone rocket program and every rocket gether, the assembled widows realized produced in the United States since. It that their concerns were many, that ACHIEVEMENTS OF THE STOLAR was a Redstone Rocket which launched their issues were common amongst RESEARCH CORP. the first U.S. astronaut, Alan many military widows, and that there ∑ Mr. DOMENICI. Mr. President, I Shephard, into space on May 5, 1961. was not an organization charged with would like to recognize the achieve- For these achievements, White Sands advocating on their behalf. They set ments of the Stolar Research Corp. of is often referred to as the ‘‘Birthplace about addressing these three concerns Raton, NM. Stolar’s drill string radar of the Race to Space.’’ and in the process created the Gold was recently selected by R&D maga- White Sands continues its close con- Star Wives of America with a simple zine as one of the 100 most techno- nection to the space program today as but profound mission: to honor those logically significant products intro- a space harbor serving as the backup who died in the service of their country duced into the marketplace this year. landing facility for the space shuttle. and assist those left behind. The drill string radar attaches to It also serves as the primary training The meetings continued and grew systems that drill for natural re- area for NASA space shuttle pilots fly- throughout New York. In April of 1945, sources. It can identify geological for- ing practice approaches and landings in our country lost the President. From mations, locate the position of oil and the shuttle-training aircraft. the sorrow of that loss came a member gas deposits, and determine the thick- Over the last 60 years, White Sands who would have a lasting and dramatic ness of coal seams. The use of the drill Missile Range’s contribution to the se- effect on the group’s profile, Mrs. Elea- string radar will permit missed oil and curity of the United States has been nor Roosevelt. Through Mrs. Roo- gas reserves to be cost effectively and significant. Most of the missile sys- sevelt’s weekly columns and public easily located. I have every expecta- tems used by the U.S. military have profile, the visibility of the Gold Star tion this capability will allow us to been tested at WSMR. Like America’s Wives increased, as did their impact more efficiently utilize the resources first guided anti-aircraft missile the and membership. That early coffee we have. This ability will lessen our de- Nike Ajax and the Patriot missile sys- gathering evolved into their one and pendence upon foreign sources of en- tem made famous during the first gulf only annual fundraiser, a ‘‘Stay-at- ergy, which is vital to our economic war, the missile systems tested at Home Tea’’ to which members are en- and strategic interest. White Sands have played an important couraged to donate amounts as small a I would also like to commend Dr. role in ensuring the technological supe- $10 and $15. Larry Stolarczyk, founder and presi- riority of the Armed Forces through- Initially the activities were local, dent of Stolar Research Corp. His ac- out the last six decades. such as arranging camping trips for the complishments and commitment to his Today, White Sands Missile Range children of lost soldiers and volun- hometown of Raton are an example to continues its long tradition of excel- teering at veterans hospitals. As mem- all New Mexicans. lence as a testing and development bership grew so did the scope of the This is the fourth industry award center for new technologies and is the young organization’s focus, which soon Stolar has received and I believe it will largest military facility in the United incorporated organizational support for not be the last. I am very proud of States. I would like to thank the men memorial projects, helping coordinate Stolar’s achievements. I congratulate and women, past and present, who have Veterans and Memorial Days programs them and encourage them to keep up made White Sands a source of national and speaking out in public forums on the good work.∑ pride. I have no doubt the work done at behalf of widowed military wives. f White Sands will continue to con- And the work continues today. Tif- tribute to the national security of the fany Petty, 25, of Inkom, ID, was wid- 60TH ANNIVERSARY OF WHITE United States and further the scientific owed in December 2003 when her hus- SANDS MISSILE RANGE achievements of our Nation.∑ band, Army PFC Jerrick M. Petty, was ∑ Mr. DOMENICI. Mr. President, I f killed while guarding a gas station in would like to recognize the central role Iraq. Along with other members of the White Sands Missile Range, WSMR, has GOLD STAR WIVES OF AMERICA Gold Star Wives, Tiffany appeared be- played in the defense of our Nation and ∑ Mr. KERRY. Mr. President, I rise fore the Senate and communicated in our exploration of space, as we com- today to pay tribute to an organization strong, heartfelt terms the need to in- memorate its establishment 60 years that has answered the call of duty on crease death benefits for survivors and ago. behalf of our soldiers and their families remove the bureaucratic obstacles I would also like to honor the men for the last 60 years, the Gold Star grieving families face in accessing ben- and women who have served and Wives of America, Inc. On July 19th, efits. worked at White Sands. It is due to representatives of all the Gold Star On July 19, the mothers, wives, sis- their hard work and dedication that Wives chapters will gather in Orlando, ters, and daughters that comprise the White Sands has been, and remains a FL, to commemorate their 60th Anni- membership of the Gold Star Wives shining example of American scientific versary and I ask every American to will convene in Florida. A central part and technological innovation. join me in thanking these citizen sol- of this 60th anniversary celebration On July 9, 1945, White Sands Missile diers for their tireless work on behalf will be a tribute to the group’s founder Range was officially established. One of military families across this coun- now known as Marie Jordan Speer. week later, its place in history was as- try. Along with the Massachusetts delega- sured with the detonation of the While we as a Nation celebrate and tion, I am proud to stand with all of world’s first atomic device at the Trin- honor the service of our soldiers, it is these inspiring women as they pay ity site. This would prove a pivotal mo- organizations such as the Gold-Star tribute to a patriot and citizen soldier ment in the final defeat of the Japa- Wives that remind us that every sol- who has had an immeasurable impact nese Empire and the course of world dier is a sibling, a parent, someone’s on how this nation treats military fam- history. The Trinity test was to be the child, a spouse. They also remind us ilies.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8298 CONGRESSIONAL RECORD — SENATE July 14, 2005 As a veteran and as an American, I H.R. 2113. An act to designate the facility From the Committee on Education thank Marie Jordan Speer and every of the United States Postal Service located and the Workforce, for consideration of member, past and present, of the Gold at 2000 McDonough Street in Joliet, Illinois, secs. 121, 632, 640, 2206, and 2209 of the as the ‘‘John F. Whiteside Joliet Post Office Star Wives of America for their patri- Building’’. House bill, and secs. 625, 1103, 1104, and otic service, for their advocacy, and for H.R. 2183. An act to designate the facility 1106 of the Senate amendment, and making sure that this country lives up of the United States Postal Service located modifications committed to con- to its obligation to soldiers long after at 567 Tompkins Avenue in Staten Island, ference: Messrs. NORWOOD, SAM JOHN- the battlefield falls quiet and troops New York, as the ‘‘Vincent Palladino Post SON of Texas, and KIND. come home.∑ Office’’. From the Committee on Financial H.R. 2385. An act to extend by 10 years the Services, for consideration of secs. 141– f authority of the Secretary of Commerce to conduct the quarterly financial report pro- 149 of the House bill, and secs. 161–164 MESSAGES FROM THE PRESIDENT gram. and 505 of the Senate amendment, and Messages from the President of the H.R. 2630. An act to redesignate the facility modifications committed to con- United States were communicated to of the United States Postal Service located ference: Messrs. OXLEY, NEY, and Ms. at 1927 Sangamon Avenue in Springfield, Illi- WATERS. the Senate by Ms. Evans, one of his nois, as the ‘‘J.M. Dietrich Northeast secretaries. From the Committee on Government Annex’’. Reform, for consideration of secs. 102, f The message also announced that pursuant to the request of the Senate, on July 11, 2005, 104, 105, 203, 205, 502, 624, 632, 701, 704, EXECUTIVE MESSAGES REFERRED the bill (H.R. 2985) making appropriations for 1002, 1227, and 2304 of the House bill, the Legislative Branch for the fiscal year and secs. 102, 104, 105, 108, 203, 502, 625, As in executive session the Presiding ending September 30, 2006, and for other pur- 701–703, 723–725, 741–743, 939, and 1011 of Officer laid before the Senate messages poses, together with all accompanying pa- the Senate amendment, and modifica- from the President of the United pers is hereby returned to the Senate. tions committed to conference: Messrs. States submitting sundry nominations TOM DAVIS of Virginia, ISSA, and Ms. which were referred to the appropriate At 4:54 p.m., a message from the House of Representatives, delivered by WATSON. committees. From the Committee on the Judici- (The nominations received today are Mr. Hays, one of its reading clerks, an- nounced that the House has agreed to ary, for consideration of secs. 320, 377, printed at the end of the Senate pro- 612, 625, 632, 663, 665, 1221, 1265, 1270, ceedings.) the following concurrent resolution, in which it requests the concurrence of 1283, 1442, 1502, and 2208 of the House f the Senate: bill, and secs. 137, 211, 328, 384, 389, 625, 1221, 1264, 1269, 1270, 1275, 1280, and 1402 REPORT REQUESTED IN SECTION H. Con. Res. 191. Concurrent resolution of the Senate amendment, and modi- 2106 OF THE EMERGENCY SUP- commemorating the 60th anniversary of the fications committed to conference: PLEMENTAL APPROPRIATIONS conclusion of the War in the Pacific and hon- Messrs. SENSENBRENNER HABOT ACT FOR DEFENSE, THE GLOBAL oring veterans of both the Pacific and Atlan- , C , and WAR ON TERROR, AND TSUNAMI tic theaters of the Second World War. Conyers. From the Committee on Resources, RELIEF, 2005 (PUBLIC LAW 109–13) The message further announced that for consideration of secs. 204, 231, 330, PROVIDING INFORMATION ON the House disagrees to the amendment 344, 346, 355, 358, 377, 379, Title V, secs. MATTERS RELATING TO THE of the Senate to the bill (H.R. 6) to en- 969–976, 1701, 1702, Title XVIII, secs. PALESTINIAN SECURITY SERV- sure jobs for our future with secure, af- 1902, 2001–2019, 2022–2031, 2033, 2041, 2042, ICES AND PALESTINIAN AU- fordable, and reliable energy; it agrees 2051–2055, Title XXI, Title XXII, and THORITY REFORM—PM 17 to the conference asked by the Senate on the disagreeing votes of the two Title XXIV of the House bill, and secs. The PRESIDING OFFICER laid be- Houses thereon, and appoints the fol- 241–245, 252, 253, 261–270, 281, 311–317, 319– fore the Senate the following message lowing as managers of the conference 323, 326, 327, 342–346, 348, 371, 387, 391, from the President of the United on the part of the House: 411–414, 416, and 501–506 of the Senate States, together with an accompanying From the Committee on Energy and amendment, and modifications com- report; which was referred to the Com- Commerce, for consideration of the mitted to conference: Mr. POMBO, Mrs. mittee on Foreign Relations: House bill and the Senate amendment, CUBIN, and Mr. RAHALL. To the Congress of the United States: and modifications committed to con- From the Committee on Rules, for Consistent with section 2106 of the ference: Messrs. BARTON of Texas, consideration of sec. 713 of the Senate Emergency Supplemental Appropria- HALL, BILIRAKIS, UPTON, STEAMS, amendment, and modifications com- tions Act for Defense, the Global War GILLMOR, SHIMKUS, SHADEGG, PICK- mitted to conference: Messrs. DREIER, on Terror, and Tsunami Relief, 2005 ERING, BLUNT, BASS, DINGELL, WAXMAN, LINCOLN DIAZ-BALART of Florida, and (Public Law 109–13), and in order to MARKEY, BOUCHER, STUPAK, WYNN, and Ms. SLAUGHTER. keep the Congress fully informed, I Ms. SOLIS. From the Committee on Science, for herewith submit the enclosed report Provided that Mrs. CAPPS is ap- consideration of secs. 108, 126, 205, 209, prepared by my Administration pro- pointed in lieu of Mr. WYNN for consid- 302, 401–404, 411, 416, 441, 601–607, 609–612, viding information on matters relating eration of secs. 1501–1506 of the House 631, 651, 652, 661, 711, 712, 721–724, 731, to the Palestinian Security Services bill, and secs. 221 and 223–225 of the 741–744, 751, 754, 757, 759, 801–811, Title and Palestinian Authority reform. Senate amendment, and modifications IX, secs. 1002, 1225–1227, 1451, 1452, 1701, 1820, and Title XXIV of the House bill, GEORGE W. BUSH. committed to conference. THE WHITE HOUSE, July 14, 2005. From the Committee on Agriculture, and secs. 125, 126, 142, 212, 230–232, 251– for consideration of secs. 332, 344, 346, 253, 302, 318, 327, 346, 401–407, 415, 503, f 1701, 1806, 2008, 2019, 2024, 2029, and 2030 601–607, 609, 610, 624, 631–635, 706, 721, 722, MESSAGES FROM THE HOUSE of the House bill, and secs. 251–253, 264, 725, 731, 734, 751, 752, 757, 801, Title IX, 303, 319, 342, 343, 345, and 347 of the Sen- Title X, secs. 1102, 1103, 1105, 1106, 1224, At 12:22 p.m., a message from the ate amendment, and modifications Title XIV, secs. 1601, 1602, and 1611 of House of Representatives, delivered by committed to conference: Messrs. the Senate amendment, and modifica- Ms. Niland, one of its reading clerks, GOODLATTE, LUCAS, and PETERSON of tions committed to conference: Mr. announced that the House has passed Minnesota. BOEHLERT, Mrs. BIGGERT, and Mr. GOR- the following bills, in which it requests From the Committee on Armed Serv- DON. the concurrence of the Senate: ices, for consideration of secs. 104, 231, Provided that Mr. COSTELLO is ap- H.R. 1220. An act to increase, effective as of 601–607, 609–612, and 661 of the House pointed in lieu of Mr. GORDON for con- December 1, 2005, the rates of disability com- bill, and secs. 104, 281, 601–607, 609, 610, sideration of secs. 401–404, 411, 416, and pensation for veterans with service-con- nected disabilities and the rates of depend- 625, 741–743, 1005, and 1006 of the Senate 441 of the House bill, and secs. 401–407 ency and indemnity compensation for sur- amendment, and modifications com- and 415 of the Senate amendment, and vivors of certain service-connected disabled mitted to conference: Messrs. HUNTER, modifications committed to con- veterans, and for other purposes. WELDON of Pennsylvania, and SKELTON. ference.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8299 From the Committee on Transpor- EXECUTIVE AND OTHER EC–2980. A communication from the Prin- tation and Infrastructure, for consider- COMMUNICATIONS cipal Deputy Associate Administrator, Envi- ation of secs. 101–103, 105, 108, 109, 137, ronmental Protection Agency, transmitting, The following communications were pursuant to law, the report of a rule entitled 205, 208, 231, 241, 242, 320, 328–330, 377, laid before the Senate, together with ‘‘Approval and Promulgation of State Air 379, 721–724, 741–744, 751, 755, 756, 758, 811, accompanying papers, reports, and doc- Quality Plans for Designated Facilities and 1211, 1221, 1231, 1234, 1236, 1241, 1281–1283, uments, and were referred as indicated: Pollutants, Commonwealth of Virginia; Con- 1285, 1295, 1442, 1446, 2008, 2010, 2026, 2029, EC–2970. A communication from the Prin- trol of Municipal Waste Combustor Emis- 2030, 2207, and 2210 of the House bill, cipal Deputy Associate Administrator, Envi- sions from Small Existing Municipal Solid and secs. 101–103, 105, 107, 108, 281, 325, ronmental Protection Agency, transmitting, Waste Combustor Unites’’ (FRL7937–5); to 344, 345, 383, 731–733, 752, 1211, 1221, 1231, pursuant to law, the report of a rule entitled the Committee on Environment and Public 1233, 1235, 1261, 1263, 1266, and 1291 of the ‘‘Potassium Triiodide; Pesticide Chemical Works. Not Requiring a Tolerance or and Exemption EC–2981. A communication from the Prin- Senate amendment, and modifications cipal Deputy Associate Administrator, Envi- committed to conference: Messrs. from Tolerance’’ (FRL7714–4) received on July 6, 2005; to the Committee on Agri- ronmental Protection Agency, transmitting, YOUNG of Alaska, PETRI, and OBERSTAR. culture, Nutrition, and Forestry. pursuant to law, the report of a rule entitled From the Committee on Ways and EC–2971. A communication from the Prin- ‘‘Control of Emissions of Air Pollution From Means, for consideration of Title XIII cipal Deputy Associate Administrator, Envi- Diesel Fuel’’ (FRL1937–3); to the Committee of the House bill, and secs. 135, 405, ronmental Protection Agency, transmitting, on Environment and Public Works. EC–2982. A communication from the Prin- pursuant to law, the report of a rule entitled Title XV, and sec. 1611 of the Senate cipal Deputy Associate Administrator, Envi- ‘‘Spirodiclofen; Pesticide Tolerance’’ amendment, and modifications com- ronmental Protection Agency, transmitting, (FRL7714–3) received on July 6, 2005; to the mitted to conference: Messrs. THOMAS, pursuant to law, the report of a rule entitled Committee on Agriculture, Nutrition, and CAMP, and RANGEL. ‘‘Approval and Promulgation of Air Quality Forestry. f EC–2972. A communication from the Prin- Implementation Plans; Washington; Cor- cipal Deputy Associate Administrator, Envi- recting Amendments’’ (FRL7936–3); to the ENROLLED BILL SIGNED Committee on Environment and Public ronmental Protection Agency, transmitting, Works. At 5:50 p.m., a message from the pursuant to law, the report of a rule entitled EC–2983. A communication from the Prin- House of Representatives, delivered by ‘‘Imidacloprid; Pesticide Tolerances’’ cipal Deputy Associate Administrator, Envi- Ms. Niland, one of its reading clerks, (FRL7720–1) received on July 6, 2005; to the ronmental Protection Agency, transmitting, announced that the Speaker has signed Committee on Agriculture, Nutrition, and pursuant to law, the report of a rule entitled the following enrolled bill: Forestry. ‘‘Approval and Promulgation of Air Quality EC–2973. A communication from the Direc- Implementation Plan; Idaho’’ (FRL1936–1); to H.R. 3071. An act to permit the individuals tor, Child Nutrition Division, Food and Nu- the Committee on Environment and Public currently serving as Executive Director, trition Service, Department of Agriculture, Deputy Executive Directors, and General Works. transmitting, pursuant to law, the report of EC–2984. A communication from the Prin- Counsel of the Office of Compliance to serve a rule entitled ‘‘School Food Safety Inspec- one additional term. cipal Deputy Associate Administrator, Envi- tions’’ (RIN0584–AD64) received on July 6, ronmental Protection Agency, transmitting, The enrolled bill was signed subse- 2005; to the Committee on Agriculture, Nu- pursuant to law, the report of a rule entitled quently by the President pro tempore trition, and Forestry ‘‘Delegation of National Emission Standards (Mr. STEVENS). EC–2974. A communication from the Ad- for Hazardous Air Pollutions for Source Cat- ministrator, Food and Nutrition Service, De- f egories; State of Arizona; Pima County De- partment of Agriculture, transmitting, pur- partment of Environmental Quality; State of MEASURES REFERRED suant to law, the report of a rule entitled Nevada; Nevada Division of Environmental ‘‘School Food Safety Inspections’’ (RIN0584– Protection’’ (FRL7935–2); to the Committee The following bills were read the first AD64) received on July 6, 2005; to the Com- and the second times by unanimous on Environment and Public Works. mittee on Agriculture, Nutrition, and For- EC–2985. A communication from the Prin- consent, and referred as indicated: estry. cipal Deputy Associate Administrator, Envi- H.R. 1220. An act to increase, effective as of EC–2975. A communication from the Sec- ronmental Protection Agency, transmitting, December 1, 2005, the rates of disability com- retary, Department of Agriculture, transmit- pursuant to law, the report of a rule entitled pensation for veterans with service-con- ting, a draft of proposed legislation to bring ‘‘Final Enforceable Consent Agreement and nected disabilities and the rates of depend- certain Federal Agricultural programs into Testing Consent Order for Four Formulated ency and indemnity compensation for sur- compliance with agreements of the World Composites of Fluoroploymer Chemicals; Ex- vivors of certain service-connected disabled Trade Organization, and for other purposes; pert Notification’’ (FRL7710–5); to the Com- veterans, and for other purposes; to the Com- to the Committee on Agriculture, Nutrition, mittee on Environment and Public Works. mittee on Veterans’ Affairs. and Forestry. EC–2986. A communication from the Prin- H.R. 2113. An act to designate the facility EC–2976. A communication from the Sec- cipal Deputy Associate Administrator, Envi- of the United States Postal Service located retary, Department of Agriculture, transmit- ronmental Protection Agency, transmitting, at 2000 McDonough Street in Joliet, Illinois, ting, a draft of proposed legislation entitled pursuant to law, the report of a rule entitled as the ‘‘John F. Whiteside Joliet Post Office ‘‘Forest Service Facility Realignment and ‘‘Final Enforceable Consent Agreement and Building’’; to the Committee on Homeland Enhancement Act of 2005″; to the Committee Testing Consent Order for Two Formulated Security and Governmental Affairs. on Agriculture, Nutrition, and Forestry. Composites of Fluorotelmer-based Polymer H.R. 2183. An act to designate the facility EC–2977. A communication from the Acting Chemicals; Export Notification’’ (FRL7710– of the United States Postal Service located Under Secretary, Rural Development, De- 4); to the Committee on Environment and at 567 Tompkins Avenue in Staten Island, partment of Agriculture, transmitting, pur- Public Works. New York, as the ‘‘Vincent Palladino Post suant to law, the report of a rule entitled EC–2987. A communication from the Prin- Office’’; to the Committee on Homeland Se- ‘‘Renewable Energy Systems and Energy Ef- cipal Deputy Associate Administrator, Envi- curity and Governmental Affairs. ficiency Improvements Program’’ (RIN0570– ronmental Protection Agency, transmitting, H.R. 2385. To extend by 10 years the au- AA50) received on July 11, 2005; to the Com- pursuant to law, the report of a rule entitled thority of the Secretary of Commerce to con- mittee on Agriculture, Nutrition, and For- ‘‘National Emission Standards for Hazardous duct the quarterly financial report program; estry. Air Pollutants: Requirements for Control to the Committee on Commerce, Science, EC–2978. A communication from the Prin- Technology Determinations for Major and Transportation cipal Deputy Associate Administrator, Envi- Sources in Accordance with Clean Air Act H.R. 2630. An act to redesignate the facility ronmental Protection Agency, transmitting, Sections; Sections 112(g) and 112(j)’’ of the United States Postal Service located pursuant to law, the report of a rule entitled (FRL7935–4); to the Committee on Environ- at 1927 Sangamon Avenue in Springfield, Illi- ‘‘Approval and Promulgation of Air Quality ment and Public Works. nois, as the ‘‘J.M. Dietrich Northeast Implementation Plans; Texas; Revisions to EC–2988. A communication from the Prin- Annex’’; to the Committee on Homeland Se- Control Volatile Organic Compound Emis- cipal Deputy Associate Administrator, Envi- curity and Governmental Affairs. sions; Correction’’ (FRL1936–8); to the Com- ronmental Protection Agency, transmitting, mittee on Environment and Public Works. pursuant to law, the report of a rule entitled f EC–2979. A communication from the Prin- ‘‘Nonattainment Major New Source Review MEASURES PLACED ON THE cipal Deputy Associate Administrator, Envi- Implementation Under 8-Hour Ozone Na- CALENDAR ronmental Protection Agency, transmitting, tional Ambient Air Quality Standard: Recon- pursuant to law, the report of a rule entitled sideration’’ (FRL1934–9); to the Committee The following bill was read the sec- ‘‘Approval and Promulgation of Implementa- on Environment and Public Works. ond time, and placed on the calendar: tion Plans; State of Missouri’’ (FRL7936–7); EC–2989. A communication from the Prin- S. 1394. A bill to reform the United Na- to the Committee on Environment and Pub- cipal Deputy Associate Administrator, Envi- tions, and for other purposes. lic Works. ronmental Protection Agency, transmitting,

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8300 CONGRESSIONAL RECORD — SENATE July 14, 2005 pursuant to law, the report of a rule entitled a rule entitled ‘‘Beverages: Bottled Water’’ bia, transmitting, pursuant to law, a report ‘‘Toxic Release Inventory Reporting Forms (Doc. No. 2004N–0416) received on July 6, 2005; on D.C. Act 16-120, ‘‘Emergency Suspension Modification Rule’’ (FRL7532–6); to the Com- to the Committee on Health, Education, of Liquor Licenses Act of 2005’’ received on mittee on Environment and Public Works. Labor, and Pensions. July 11, 2005; to the Committee on Homeland EC–2990. A communication from the Assist- EC–3001. A communication from the Regu- Security and Governmental Affairs. ant Secretary of the Army, Civil Works, De- lations Coordinator, Department of Health EC–3012. A communication from the Chair- partment of Defense, transmitting, pursuant and Human Services, transmitting, pursuant man of the Council of the District of Colum- to law, a report on the final decision docu- to law, the report of a rule entitled ‘‘Supple- bia, transmitting, pursuant to law, a report ment and environmental assessment for the mental Financial Disclosure Requirements on D.C. Act 16–130, ‘‘Closing and Disposition Muddy River Flood Control and Ecosystem for Employees of the Department’’ (RIN3209– of a Portion of Wisconsin Avenue, N.W., Restoration in Boston and Brookline, Massa- AA15) received on July 7, 2005; to the Com- Right-of-Way, S.O. 05–2378, Act of 2005’’ re- chusetts; to the Committee on Environment mittee on Health, Education, Labor, and ceived on July 11, 2005; to the Committee on and Public Works. Pensions. Homeland Security and Governmental Af- EC–2991. A communication from the Acting EC–3002. A communication from the Assist- fairs. Assistant Secretary, Legislative Affairs, De- ant General Counsel for Regulatory Services, EC–3013. A communication from the Acting partment of State, transmitting, pursuant to Office of Innovation and Improvement, De- Secretary of the Army, transmitting pursu- law, the semi-annual report on the continued partment of Education, transmitting, pursu- ant to law, a report regarding the discharge compliance of Azerbaijan, Kazakhstan, ant to law, the report of a rule entitled ‘‘In- of the Department of Defense’s responsibil- Moldova, the Russian Federation, novation for Teacher Quality—Troops to ities concerning termination of the Panama Tajikistan, Ukraine and Uzbekistan with the Teachers’’ (RIN1855–AA04) received on July Canal Commission Office of Transition Ad- Trade Act’s freedom of emigration provi- 1, 2005; to the Committee on Health, Edu- ministration; to the Committee on Home- sions, as required under the Jackson-Vanik cation, Labor, and Pensions. land Security and Governmental Affairs. Amendment; to the Committee on Finance. EC–3003. A communication from the Ad- EC–3014. A communication from the Chair- EC–2992. A communication from the Acting ministrator, Office of National Programs, man, Federal Energy Regulatory Commis- General Counsel, Department of the Treas- Employment and Training Administration, sion, transmitting, pursuant to law, the ury, transmitting, a draft of proposed legis- Department of Labor, transmitting, pursu- Commission’s report required by the Govern- lation that would increase the collection of ant to law, the report of a rule entitled ‘‘In- ment in the Sunshine Act for calendar year delinquent non-tax debt owed to the govern- dian and Native American Welfare-to-Work 2004; to the Committee on Homeland Secu- ment by eliminating the ten-year statute of Program’’ (RIN1205–AB16) received on July rity and Governmental Affairs. limitations applicable to the collection of 11, 2005; to the Committee on Health, Edu- EC–3015. A communication from the Acting debts by administrative offset; to the Com- cation, Labor, and Pensions. General Counsel, Department of the Treas- mittee on Finance. EC–3004. A communication from the Acting ury, transmitting, a draft of proposed legis- EC–2993. A communication from the Chair- Director, Office of Standards, Regulations, lation that would direct the Secretary of the man, Medicare Payment Advisory Commis- and Variances, Department of Labor, trans- Treasury to collect fees that would recover sion, transmitting, pursuant to law, the June mitting, pursuant to law, the report of a rule the Alcohol and Tobacco Tax and Trade Bu- 2005 Report on Issues in a Modernized Medi- entitled ‘‘Diesel Particulate Matter Expo- reau’s cost in providing regulatory services care Program; to the Committee on Finance. sure of Underground Metal and Nonmetal to the alcohol industry; to the Committee on EC–2994. A communication from the Chief, Miners’’ (RIN1219–AB29) received on July 7, the Judiciary. Publications and Regulations Branch, Inter- 2005; to the Committee on Health, Education, EC–3016. A communication from the Archi- nal Revenue Service, Department of the Labor, and Pensions. tect of the Capitol, transmitting, pursuant Treasury, transmitting, pursuant to law, the EC–3005. A communication from the Assist- to law, a report of all expenditures during report of a rule entitled ‘‘Election Out of ant Secretary, Division of Market Regula- the period October 1, 2004 through March 31, Section 1400L(c)’’ (Rev. Proc. 2005–43); to the tion, Securities and Exchange Commission 2005 from moneys appropriated to the Archi- Committee on Finance. transmitting, pursuant to law, the report of tect; to the Committee on Appropriations. EC–2995. A communication from the Chief, a rule entitled ‘‘Amendments to the Penny EC–3017. A communication from the Chief, Publications and Regulations Branch, Inter- Stock Rules’’ (RIN3235–AI02) received on Regulations and Administrative Law, United nal Revenue Service, Department of the July 1, 2005; to the Committee on Banking, States Coast Guard, Department of Home- Treasury, transmitting, pursuant to law, the Housing, and Urban Affairs. land Security, transmitting, pursuant to report of a rule entitled ‘‘Coordinated Issue: EC–3006. A communication from the Sec- law, the report of a rule entitled ‘‘Navigation Losses Claimed and Income to be Reopened retary of the Treasury, transmitting, pursu- and Navigable Waters; Technical, Organiza- from Sale In/Lease Out (SILO) Transactions’’ ant to law, the six-month periodic report on tional, and Conforming Amendments’’ (9300.38–00) to the Committee on Finance. the national emergency with respect to Libe- (RIN1625–ZA04) received on July 6, 2005; to EC–2996. A communication from the Chief, ria that was declared in Executive Order the Committee on Commerce, Science, and Publications and Regulations Branch, Inter- 13348 of July 22, 2004; to the Committee on Transportation. nal Revenue Service, Department of the Banking, Housing, and Urban Affairs. EC–3018. A communication from the Chief, Treasury, transmitting, pursuant to law, the EC–3007. A communication from the Assist- Regulations and Administrative Law, United report of a rule entitled ‘‘Bureau of Labor ant Legal Advisor for Treaty Affairs, Depart- States Coast Guard, Department of Home- Statistics Price Indexes for Department ment of State, transmitting, pursuant to land Security, transmitting, pursuant to Stores—May 2005’’ (Rev. Rul. 2005–45); to the law, the report of texts and background law, the report of a rule entitled ‘‘Special Committee on Finance. statements of international agreements Local Regulations for Marine Events (includ- EC–2997. A communication from the Chief, other than treaties; to the Committee on ing 2 regulations)’’ (RIN1625–AA08) received Publications and Regulations Branch, Inter- Foreign Relations. on July 6, 2005; to the Committee on Com- nal Revenue Service, Department of the EC–3008. A communication from the Acting merce, Science, and Transportation. Treasury, transmitting, pursuant to law, the Assistant Secretary of Legislative Affairs, EC–3019. A communication from the Chief, report of a rule entitled ‘‘Treatment of Dis- Department of State, transmitting, pursuant Regulations and Administrative Law, United aster Relief Grants to Business’’ (Rev. Rul. to law, the report of a rule entitled ‘‘Amend- States Coast Guard, Department of Home- 2005–46); to the Committee on Finance. ments to the International Traffic in Arms land Security, transmitting, pursuant to EC–2998. A communication from the Regu- Regulations: Part 126’’ (RIN1400–ZA17) re- law, the report of a rule entitled ‘‘Safety lations Coordinator, Center for Medicare ceived on July 6, 2005; to the Committee on Zone (including 8 regulations)’’ (RIN1625– Management, Department of Health and Foreign Relations. AA00) received on July 6, 2005; to the Com- Human Services, transmitting, pursuant to EC–3009. A communication from the Ad- mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Medicare ministrator, National Nuclear Security Ad- tation. Program; Competitive Acquisition of Out- ministration, Department of Energy, trans- EC–3020. A communication from the Chief, patient Drugs and Biologicals Under Part B’’ mitting, pursuant to law, the report on Ad- Regulations and Administrative Law, United (RIN0938–AN58) received on July 7, 2005; to vanced Simulation and Computing Program States Coast Guard, Department of Home- the Committee on Finance. Participant Computer Company Sales to land Security, transmitting, pursuant to EC–2999. A communication from the Chair- Tier III Countries in Calendar Year 2004; to law, the report of a rule entitled ‘‘Security man, National Labor Relations Board, trans- the Committee on Energy and Natural Re- Zones (including 2 regulations)’’ (RIN1625– mitting, pursuant to law, the report of a va- sources. AA87) received on July 6, 2005; to the Com- cancy and the designation of an acting offi- EC–3010. A communication from the Direc- mittee on Commerce, Science, and Transpor- cer for the position of General Counsel, re- tor, Office of Electricity and Energy Assur- tation. ceived on July 5, 2005; to the Committee on ance, Department of Energy, transmitting, EC–3021. A communication from the Chief, Health, Education, Labor, and Pensions. pursuant to law, a report on the Navajo Elec- Regulations and Administrative Law, United EC–3000. A communication from the Direc- trification Demonstration Program for 2004; States Coast Guard, Department of Home- tor, Regulations Policy and Management to the Committee on Energy and Natural Re- land Security, transmitting, pursuant to Staff, Food and Drug Administration, De- sources. law, the report of a rule entitled ‘‘Security partment of Health and Human Services, EC–3011. A communication from the Chair- Zone; Georgetown Channel, Potomac River, transmitting, pursuant to law, the report of man of the Council of the District of Colum- Washington, DC’’ (RIN1625–AA87) received on

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8301 July 6, 2005; to the Committee on Commerce, to the Arms Export Control Act, the certifi- fairs, with an amendment in the nature of a Science, and Transportation. cation of a proposed technical assistance substitute: EC–3022. A communication from the Chief, agreement for the manufacture of significant S. 662. A bill to reform the postal laws of Regulations and Administrative Law, United military equipment abroad in the amount of the United States. States Coast Guard, Department of Home- $265,000 to the United Kingdom; to the Com- f land Security, transmitting, pursuant to mittee on Armed Services. law, the report of a rule entitled ‘‘Draw- EC–3033. A communication from the Under INTRODUCTION OF BILLS AND bridge Regulations (including 2 regulations)’’ Secretary of Defense for Personnel and Read- JOINT RESOLUTIONS (RIN1625–AA09) received on July 6, 2005; to iness, transmitting, the report of a retire- The following bills and joint resolu- the Committee on Commerce, Science, and ment; to the Committee on Armed Services. tions were introduced, read the first Transportation. EC–3034. A communication from the Prin- EC–3023. A communication from the Chief, cipal Deputy, Office of the Under Secretary and second times by unanimous con- Regulations and Administrative Law, United of Defense for Personnel and Readiness, sent, and referred as indicated: States Coast Guard, Department of Home- transmitting, pursuant to law, a list of offi- By Mr. ALLEN (for himself and Mr. land Security, transmitting, pursuant to cers authorized to wear the insignia of rear SANTORUM): law, the report of a rule entitled ‘‘Draw- admiral (lower half); to the Committee on S. 1396. A bill to amend the Investment bridge Regulations (including 2 regulations)’’ Armed Services. Company Act of 1940 to provide incentives (RIN1625–AA09) received on July 6, 2005; to EC–3035. A communication from the Prin- for small business investment, and for other the Committee on Commerce, Science, and cipal Deputy, Office of the Under Secretary purposes; to the Committee on Banking, Transportation. of Defense for Personnel and Readiness, Housing, and Urban Affairs. EC–3024. A communication from the Direc- transmitting, pursuant to law, a list of offi- By Mr. LIEBERMAN (for himself, Mrs. tor, Office of Sustainable Fisheries, Depart- cers authorized to wear the insignia of major CLINTON, Mr. NELSON of Florida, Mr. ment of Commerce, transmitting, pursuant general; to the Committee on Armed Serv- REED, and Mr. SALAZAR): to law, the report of a rule entitled ‘‘Re- ices. S. 1397. A bill to amend title 10, United allocation of Unused Community Develop- EC–3036. A communication from the Under States Code, to provide for an increase in the ment Quota, Incidental Catch Allowance, Secretary of Defense for Acquisition, Tech- minimum end-strength level for active duty and Non-CDQ Pollock Allocation from the nology, and Logistics, transmitting, pursu- personnel for the United States Army, and Aleutian Islands Subarea to the Bering Sea ant to law, a report (1 subject on 1 disc enti- for other purposes; to the Committee on Subarea’’ received on July 6, 2005; to the tled ‘‘Inquiry Response Regarding COBRA Armed Services. Committee on Commerce, Science, and Data for Newport, RI and Athens, GA’’) rel- By Mr. FEINGOLD: Transportation. ative to the Defense Base Closure and Re- S. 1398. A bill to provide more rigorous re- EC–3025. A communication from the Sec- alignment Act of 1990, as amended; to the quirements with respect to ethics and lob- retary of Energy, transmitting, pursuant to Committee on Armed Services. bying; to the Committee on Homeland Secu- law, a report entitled ‘‘Naval Petroleum Re- EC–3037. A communication from the Under rity and Governmental Affairs. serves Annual Report of Operations Fiscal Secretary of Defense for Acquisition, Tech- By Mr. THOMAS: S. 1399. A bill to improve the results the Year 2004’’; to the Committee on Armed nology, and Logistics, transmitting, pursu- executive branch achieves on behalf of the Services. ant to law, a report (5 subjects on 1 disc be- American people; to the Committee on EC–3026. A communication from the Direc- ginning with ‘‘COBRA Data on Navy Supply Homeland Security and Governmental Af- tor, Naval Reactors, transmitting, pursuant Corps School, Athens, GA’’) relative to the fairs. to law, a report on radiological waste dis- Defense Base Closure and Realignment Act By Mr. CHAFEE (for himself, Mrs. posal and environmental monitoring, worker of 1990, as amended; to the Committee on CLINTON, Mr. INHOFE, and Mr. JEF- radiation exposure, and occupational safety Armed Services. and health, as well as a report providing an FORDS): EC–3038. A communication from the Under S. 1400. A bill to amend the Federal Water overview of the Program; to the Committee Secretary of Defense for Acquisition, Tech- Pollution Control Act and the Safe Drinking on Armed Services. nology, and Logistics, transmitting, pursu- Water Act to improve water and wastewater EC–3027. A communication from the Under ant to law, a report (3 subjects on 1 disc be- infrastructure in the United States; to the Secretary of Defense for Personnel and Read- ginning with ‘‘Inquiry Response Regarding Committee on Environment and Public iness, transmitting, the report of a retire- Grand Forks AFB’’) relative to the Defense Works. ment; to the Committee on Armed Services. Base Closure and Realignment Act of 1990, as By Mr. GREGG (for himself, Mr. ROB- EC–3028. A communication from the Under amended; to the Committee on Armed Serv- Secretary of Defense for Personnel and Read- ERTS, and Mr. ALEXANDER): ices. S. 1401. A bill to amend the Internal Rev- iness, transmitting, the report of a retire- EC–3039. A communication from the Under enue Code of 1986 to clarify the proper treat- ment; to the Committee on Armed Services. Secretary of Defense for Acquisition, Tech- ment of differential wage payments made to EC–3029. A communication from the Acting nology, and Logistics, transmitting, pursu- employees called to active duty in the uni- Assistant Secretary of Legislative Affairs, ant to law, a report (2 subjects on 1 disc be- formed services, and for other purposes; to Department of State, transmitting, pursuant ginning with ‘‘Inquiry Response Regarding the Committee on Finance. to the Arms Export Control Act, the certifi- Synergy of Training Between Cannon AFB By Mr. DEWINE (for himself, Mr. cation of a proposed license for the export of F–16s and Ft Sill’’) relative to the Defense LEVIN, Ms. STABENOW, Mr. VOINOVICH, defense articles that are firearms controlled Base Closure and Realignment Act of 1990, as Mr. BAYH, Mr. DAYTON, Mr. FEIN- under category I of the United States Muni- amended; to the Committee on Armed Serv- GOLD, and Mr. DURBIN): tions List sold commercially under a con- ices. S. 1402. A bill to amend section 42 of title tract in the amount of $1,000,000 or more EC–3040. A communication from the Under 18, United States Code, to prohibit the im- with Haiti; to the Committee on Armed Secretary of Defense for Acquisition, Tech- portation and shipment of certain species of Services. nology, and Logistics, transmitting, pursu- carp; to the Committee on Environment and EC–3030. A communication from the Acting ant to law, a report (3 subjects on 1 disc be- Public Works. Assistant Secretary of Legislative Affairs, ginning with ‘‘Inquiry Response Regarding By Mr. WYDEN: Department of State, transmitting, pursuant Coordination of Air Sovereignty Mission S. 1403. A bill to amend title XVIII of the to the Arms Export Control Act, the certifi- with BRAC’’) relative to the Defense Base Social Security Act to extend reasonable cation of a proposed license for the export of Closure and Realignment Act of 1990, as cost contracts under medicare; to the Com- defense articles that are firearms controlled amended; to the Committee on Armed Serv- mittee on Finance. under category I of the United States Muni- ices. By Mr. BOND: tions List sold commercially under a con- S. 1404. A bill to clarify that terminal de- f tract in the amount of $1,000,000 or more for velopment grants remain in effect under cer- the distribution by Browning International REPORTS OF COMMITTEES tain conditions; to the Committee on Com- in Belgium; to the Committee on Armed The following reports of committees merce, Science, and Transportation. Services. By Mr. NELSON of Nebraska (for him- EC–3031. A communication from the Acting were submitted: self, Mr. SANTORUM, and Mr. Assistant Secretary for Legislative Affairs, By Mr. SPECTER, from the Committee on CORZINE): Department of State, transmitting, pursuant Appropriations, with an amendment in the S. 1405. A bill to extend the 50 percent com- to the Arms Export Control Act, the certifi- nature of a substitute: pliance threshold used to determine whether cation of a proposed manufacturing license H.R. 3010. A bill making appropriations for a hospital or unit of a hospital is an impa- agreement for the export of defense articles the Departments of Labor, Health and tient rehabilitation facility and to establish or defense services in the amount of $100,000, Human Services, and Education, and Related the National Advisory Council on Medical 000 or more to Japan; to the Committee on Agencies for the fiscal year ending Sep- Rehabilitation; to the Committee on Fi- Armed Services. tember 30, 2006, and for other purposes (Rept. nance. EC–3032. A communication from the Acting No. 109–103). By Mr. CORNYN: Assistant Secretary for Legislative Affairs, By Ms. COLLINS, from the Committee on S. 1406. A bill to protect American workers Department of State, transmitting, pursuant Homeland Security and Governmental Af- and responders by ensuring the continued

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8302 CONGRESSIONAL RECORD — SENATE July 14, 2005 commercial availability of respirators and to States Code, to permit former members (Mrs. MURRAY) was added as a cospon- establish rules governing product liability of the Armed Forces who have a serv- sor of S. 666, a bill to protect the public actions against manufacturers and sellers of ice-connected disability rated as total health by providing the Food and Drug respirators; to the Committee on the Judici- to travel on military aircraft in the Administration with certain authority ary. same manner and to the same extent as By Mr. NELSON of Florida (for himself to regulate tobacco products. and Mrs. CLINTON): retired members of the Armed Forces S. 669 S. 1407. A bill to provide grants to States are entitled to travel on such aircraft. At the request of Mr. SMITH, the and local governments to assess the effec- S. 313 name of the Senator from Wyoming tiveness of sexual predator electronic moni- At the request of Mr. LUGAR, the (Mr. ENZI) was added as a cosponsor of toring programs; to the Committee on the names of the Senator from Connecticut S. 669, a bill to amend the Internal Judiciary. (Mr. DODD) and the Senator from Mas- Revenue Code of 1986 to treat natural By Mr. SMITH (for himself, Mr. NEL- sachusetts (Mr. KENNEDY) were added gas distribution lines as 15-year prop- SON of Florida, Mr. STEVENS, Mr. as cosponsors of S. 313, a bill to im- INOUYE, Mr. MCCAIN, and Mr. PRYOR): erty for purposes of depreciation. prove authorities to address urgent S. 1408. A bill to strengthen data protec- S. 691 nonproliferation crises and United tion and safeguards, require data breach no- At the request of Mr. DOMENICI, the States nonproliferation operations. tification, and further prevent identity theft; name of the Senator from North Caro- to the Committee on Commerce, Science, S. 392 lina (Mr. BURR) was added as a cospon- and Transportation. At the request of Mr. LEVIN, the sor of S. 691, a bill to modify the prohi- By Ms. MURKOWSKI: names of the Senator from Ohio (Mr. S. 1409. A bill to amend the Safe Drinking bition on recognition by United States DEWINE) and the Senator from Water Act Amendments of 1996 to modify the courts of certain rights relating to cer- Vermont (Mr. JEFFORDS) were added as grant program to improve sanitation in rural tain marks, trade names, or commer- cosponsors of S. 392, a bill to authorize and Native villages in the State of Alaska; to cial names. the Committee on Environment and Public the President to award a gold medal on S. 695 Works. behalf of Congress, collectively, to the By Mr. CHAFEE (for himself, Mr. JEF- Tuskegee Airmen in recognition of At the request of Mr. BYRD, the name FORDS, Mrs. CLINTON, Mr. LAUTEN- their unique military record, which in- of the Senator from Indiana (Mr. BAYH) BERG, Mr. VOINOVICH, and Mr. CRAPO): spired revolutionary reform in the was added as a cosponsor of S. 695, a S. 1410. A bill to reauthorize the Armed Forces. bill to suspend temporarily new shipper Neotropical Migratory Bird Conservation S. 481 bonding privileges. Act, and for other purposes; to the Com- S. 861 mittee on Environment and Public Works. At the request of Mr. AKAKA, the name of the Senator from Illinois (Mr. At the request of Mr. ISAKSON, the f DURBIN) was added as a cosponsor of S. name of the Senator from North Da- ADDITIONAL COSPONSORS 481, a bill to amend title 38, United kota (Mr. CONRAD) was added as a co- S. 7 States Code, to extend the period of eli- sponsor of S. 861, a bill to amend the At the request of Mr. KYL, the name gibility for health care for combat Internal Revenue Code of 1986 to pro- of the Senator from Wyoming (Mr. service in the Persian Gulf War or fu- vide transition funding rules for cer- ENZI) was added as a cosponsor of S. 7, ture hostilities from two years to five tain plans electing to cease future ben- a bill to increase American jobs and years after discharge or release. efit accruals, and for other purposes. economic growth by making perma- S. 611 S. 863 nent the individual income tax rate re- At the request of Ms. COLLINS, the At the request of Mr. CONRAD, the ductions, the reduction in the capital name of the Senator from Kansas (Mr. name of the Senator from New Hamp- gains and dividend tax rates, and the ROBERTS) was added as a cosponsor of shire (Mr. SUNUNU) was added as a co- repeal of the estate, gift, and genera- S. 611, a bill to establish a Federal sponsor of S. 863, a bill to require the tion-skipping transfer taxes. Interagency Committee on Emergency Secretary of the Treasury to mint Medical Services and a Federal Inter- S. 21 coins in commemoration of the cen- agency Committee on Emergency Med- At the request of Ms. COLLINS, the tenary of the bestowal of the Nobel ical Services Advisory Council, and for name of the Senator from Kansas (Mr. Peace Prize on President Theodore other purposes. ROBERTS) was added as a cosponsor of Roosevelt, and for other purposes. S. 614 S. 21, a bill to provide for homeland se- S. 960 At the request of Mr. SPECTER, the curity grant coordination and sim- At the request of Mr. ENZI, the name name of the Senator from Mississippi plification, and for other purposes. of the Senator from North Dakota (Mr. (Mr. COCHRAN) was added as a cospon- CONRAD) was added as a cosponsor of S. S. 37 sor of S. 614, a bill to amend title 38, At the request of Mrs. FEINSTEIN, the 960, a bill to amend the Packers and United States Code, to permit medi- Stockyards Act, 1921, to prohibit the name of the Senator from South Caro- care-eligible veterans to receive an lina (Mr. GRAHAM) was added as a co- use of certain anti-competitive forward out-patient medication benefit, to pro- contracts. sponsor of S. 37, a bill to extend the vide that certain veterans who receive special postage stamp for breast cancer such benefit are not otherwise eligible S. 1010 research for 2 years. for medical care and services from the At the request of Mr. SANTORUM, the At the request of Mrs. HUTCHISON, the Department of Veterans Affairs, and name of the Senator from Minnesota name of the Senator from Arizona (Mr. for other purposes. (Mr. COLEMAN) was added as a cospon- YL sor of S. 1010, a bill to amend title K ) was added as a cosponsor of S. 37, S. 642 XVIII of the Social Security Act to im- supra. At the request of Mr. FRIST, the S. 45 name of the Senator from Idaho (Mr. prove patient access to, and utilization At the request of Mr. LEVIN, the CRAPO) was added as a cosponsor of S. of, the colorectal cancer screening ben- name of the Senator from New York 642, a bill to support certain national efit under the Medicare Program. (Mrs. CLINTON) was added as a cospon- youth organizations, including the Boy S. 1014 sor of S. 45, a bill to amend the Con- Scouts of America, and for other pur- At the request of Ms. SNOWE, the trolled Substances Act to lift the pa- poses. name of the Senator from Montana tient limitation on prescribing drug ad- S. 662 (Mr. BURNS) was added as a cosponsor diction treatments by medical practi- At the request of Ms. COLLINS, the of S. 1014, a bill to provide additional tioners in group practices, and for name of the Senator from Nebraska relief for small business owners ordered other purposes. (Mr. NELSON) was added as a cosponsor to active duty as members of reserve S. 58 of S. 662, a bill to reform the postal components of the Armed Forces, and At the request of Mr. INOUYE, the laws of the United States. for other purposes. name of the Senator from Maine (Ms. S. 666 S. 1035 COLLINS) was added as a cosponsor of S. At the request of Mr. DEWINE, the At the request of Mr. INHOFE, the 58, a bill to amend title 10, United name of the Senator from Washington name of the Senator from New York

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8303 (Mr. SCHUMER) was added as a cospon- S. 1180 ator from Kansas (Mr. BROWNBACK), the sor of S. 1035, a bill to authorize the At the request of Mr. OBAMA, the Senator from Ohio (Mr. DEWINE), the presentation of commemorative medals name of the Senator from Illinois (Mr. Senator from Wisconsin (Mr. FEIN- on behalf of Congress to Native Ameri- DURBIN) was added as a cosponsor of S. GOLD), the Senator from Tennessee (Mr. cans who served as Code Talkers during 1180, a bill to amend title 38, United FRIST), the Senator from Oklahoma foreign conflicts in which the United States Code, to reauthorize various (Mr. INHOFE), the Senator from Wis- States was involved during the 20th programs servicing the needs of home- consin (Mr. KOHL), the Senator from century in recognition of the service of less veterans for fiscal years 2007 Missouri (Mr. TALENT), the Senator those Native Americans to the United through 2011, and for other purposes. from Florida (Mr. NELSON), the Senator States. S. 1317 from North Carolina (Mr. BURR), the S. 1047 At the request of Mr. DODD, the name Senator from South Dakota (Mr. At the request of Mr. SUNUNU, the of the Senator from Arkansas (Mr. THUNE), the Senator from Oregon (Mr. names of the Senator from Vermont PRYOR) was added as a cosponsor of S. WYDEN) and the Senator from Iowa (Mr. LEAHY), the Senator from Mis- 1317, a bill to provide for the collection (Mr. GRASSLEY) were added as cospon- souri (Mr. TALENT) and the Senator and maintenance of cord blood units sors of S. Con. Res. 26, a concurrent from Minnesota (Mr. COLEMAN) were for the treatment of patients and re- resolution honoring and memorializing added as cosponsors of S. 1047, a bill to search, and to amend the Public Health the passengers and crew of United Air- require the Secretary of the Treasury Service Act to authorize the Bone Mar- lines Flight 93. to mint coins in commemoration of row and Cord Blood Cell Transplan- S. RES. 182 each of the Nation’s past Presidents tation Program to increase the number At the request of Mr. COLEMAN, the and their spouses, respectively, to im- of transplants for recipients suitable name of the Senator from Washington prove circulation of the $1 coin, to cre- matched to donors of bone marrow and (Mrs. MURRAY) was added as a cospon- ate a new bullion coin, and for other cord blood. sor of S. Res. 182, a resolution sup- purposes. At the request of Mr. HATCH, the porting efforts to increase childhood S. 1057 name of the Senator from South Da- cancer awareness, treatment, and re- kota (Mr. THUNE) was added as a co- At the request of Mr. DORGAN, the search. sponsor of S. 1317, supra. names of the Senator from Massachu- AMENDMENT NO. 1075 S. 1353 setts (Mr. KENNEDY) and the Senator At the request of Mr. VOINOVICH, the from New Mexico (Mr. BINGAMAN) were At the request of Mr. REID, the name names of the Senator from Texas (Mr. added as cosponsors of S. 1057, a bill to of the Senator from Louisiana (Ms. CORNYN) and the Senator from Alaska amend the Indian Health Care Improve- LANDRIEU) was added as a cosponsor of (Ms. MURKOWSKI) were added as cospon- ment Act to revise and extend that S. 1353, a bill to amend the Public sors of amendment No. 1075 proposed to Act. Health Service Act to provide for the H.R. 2360, a bill making appropriations establishment of an Amyotrophic Lat- S. 1063 for the Department of Homeland Secu- eral Sclerosis Registry. At the request of Mr. NELSON of Flor- rity for the fiscal year ending Sep- S. 1358 ida, the name of the Senator from Mas- tember 30, 2006, and for other purposes. At the request of Mr. DURBIN, the sachusetts (Mr. KERRY) was added as a AMENDMENT NO. 1111 name of the Senator from New York cosponsor of S. 1063, a bill to promote At the request of Mr. DORGAN, the (Mrs. CLINTON) was added as a cospon- and enhance public safety and to en- name of the Senator from Maine (Ms. sor of S. 1358, a bill to protect scientific courage the rapid deployment of IP-en- COLLINS) was added as a cosponsor of integrity in Federal research and pol- abled voice services. amendment No. 1111 proposed to H.R. icymaking. S. 1081 2360, a bill making appropriations for S. 1386 At the request of Mr. KYL, the name the Department of Homeland Security At the request of Mr. MARTINEZ, the of the Senator from South Dakota (Mr. for the fiscal year ending September 30, names of the Senator from Louisiana THUNE) was added as a cosponsor of S. 2006, and for other purposes. (Ms. LANDRIEU) and the Senator from 1081, a bill to amend title XVIII of the AMENDMENT NO. 1124 Florida (Mr. NELSON) were added as co- Social Security Act to provide for a NSIGN sponsors of S. 1386, a bill to exclude At the request of Mr. E , the minimum update for physicians’ serv- from consideration as income certain name of the Senator from Kansas (Mr. ices for 2006 and 2007. ROWNBACK payments under the national flood in- B ) was added as a cosponsor S. 1103 surance program. of amendment No. 1124 proposed to H.R. 2360, a bill making appropriations At the request of Mr. BAUCUS, the S. CON. RES. 8 for the Department of Homeland Secu- name of the Senator from Wyoming At the request of Mr. SARBANES, the rity for the fiscal year ending Sep- (Mr. ENZI) was added as a cosponsor of name of the Senator from Vermont tember 30, 2006, and for other purposes. S. 1103, a bill to amend the Internal (Mr. LEAHY) was added as a cosponsor Revenue Code of 1986 to repeal the indi- of S. Con. Res. 8, a concurrent resolu- AMENDMENT NO. 1129 vidual alternative minimum tax. tion expressing the sense of Congress At the request of Mr. CONRAD, his S. 1120 that there should continue to be parity name was added as a cosponsor of At the request of Mr. DURBIN, the between the adjustments in the pay of amendment No. 1129 proposed to H.R. names of the Senator from New Jersey members of the uniformed services and 2360, a bill making appropriations for (Mr. LAUTENBERG), the Senator from the adjustments in the pay of civilian the Department of Homeland Security Michigan (Ms. STABENOW), the Senator employees of the United States. for the fiscal year ending September 30, 2006, and for other purposes. from Colorado (Mr. SALAZAR) and the S. CON. RES. 26 Senator from Wisconsin (Mr. FEINGOLD) At the request of Mr. CONRAD, the AMENDMENT NO. 1137 were added as cosponsors of S. 1120, a names of the Senator from Virginia At the request of Ms. COLLINS, the bill to reduce hunger in the United (Mr. ALLEN), the Senator from Wash- name of the Senator from North Da- States by half by 2010, and for other ington (Ms. CANTWELL), the Senator kota (Mr. DORGAN) was added as a co- purposes. from Georgia (Mr. CHAMBLISS), the Sen- sponsor of amendment No. 1137 pro- S. 1172 ator from Minnesota (Mr. DAYTON), the posed to H.R. 2360, a bill making appro- At the request of Mr. SPECTER, the Senator from Nebraska (Mr. HAGEL), priations for the Department of Home- name of the Senator from Washington the Senator from Connecticut (Mr. LIE- land Security for the fiscal year ending (Ms. CANTWELL) was added as a cospon- BERMAN), the Senator from Florida September 30, 2006, and for other pur- sor of S. 1172, a bill to provide for pro- (Mr. MARTINEZ), the Senator from Alas- poses. grams to increase the awareness and ka (Ms. MURKOWSKI), the Senator from AMENDMENT NO. 1140 knowledge of women and health care Nebraska (Mr. NELSON), the Senator At the request of Mr. SESSIONS, the providers with respect to gynecologic from Nevada (Mr. REID), the Senator name of the Senator from Texas (Mr. cancers. from Louisiana (Mr. VITTER), the Sen- CORNYN) was added as a cosponsor of

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8304 CONGRESSIONAL RECORD — SENATE July 14, 2005 amendment No. 1140 proposed to H.R. Illinois (Mr. DURBIN) were added as co- not the original intent of Congress, but 2360, a bill making appropriations for sponsors of amendment No. 1217 pro- the practical impact was that many the Department of Homeland Security posed to H.R. 2360, a bill making appro- small, public companies became ineli- for the fiscal year ending September 30, priations for the Department of Home- gible to receive BDC financing, even if 2006, and for other purposes. land Security for the fiscal year ending they could not receive more traditional AMENDMENT NO. 1144 September 30, 2006, and for other pur- sources of financing. At the request of Mr. MARTINEZ, the poses. Recently, the disqualification of any name of the Senator from Nevada (Mr. AMENDMENT NO. 1218 private company that had issued any debt security has significantly nar- REID) was added as a cosponsor of At the request of Mr. BYRD, the amendment No. 1144 proposed to H.R. names of the Senator from Connecticut rowed even further the number of com- 2360, a bill making appropriations for (Mr. DODD) and the Senator from Colo- panies that qualify as eligible portfolio the Department of Homeland Security rado (Mr. SALAZAR) were added as co- companies. Thus, for the first time for the fiscal year ending September 30, sponsors of amendment No. 1218 pro- many companies with no access to the public equity markets cannot access 2006, and for other purposes. posed to H.R. 2360, a bill making appro- capital through a BDC. These compa- AMENDMENT NO. 1158 priations for the Department of Home- land Security for the fiscal year ending nies are either denied capital access al- At the request of Mr. FEINGOLD, his together, or are forced to turn to var- name was added as a cosponsor of September 30, 2006, and for other pur- poses. ious unregulated sources to meet cap- amendment No. 1158 intended to be pro- ital needs. This situation is unfair to posed to H.R. 2360, a bill making appro- f the shareholders of BDCs, and unfair to priations for the Department of Home- STATEMENTS ON INTRODUCED the shareholders of businesses that land Security for the fiscal year ending BILLS AND JOINT RESOLUTIONS could grow if only offered capital ac- September 30, 2006, and for other pur- By Mr. ALLEN (for himself and cess opportunities. poses. Mr. SANTORUM): That is why this legislation is so im- AMENDMENT NO. 1171 S. 1396. A bill to amend the Invest- portant. It will allow more small pri- At the request of Mr. MCCAIN, the ment Company Act of 1940 to provide vate and public companies to receive names of the Senator from Arizona incentives for small business invest- BDC financing and restore the original (Mr. KYL) and the Senator from Kansas ment, and for other purposes; to the intent of Congress. (Mr. BROWNBACK) were added as cospon- Committee on Banking, Housing, and Specifically, the legislation would sors of amendment No. 1171 proposed to Urban Affairs. use a market capitalization standard of H.R. 2360, a bill making appropriations Mr. ALLEN. Mr. President, I am $250 million or less to define what is an for the Department of Homeland Secu- pleased to join with my distinguished eligible portfolio company for BDCs. rity for the fiscal year ending Sep- colleague, Senator SANTORUM, in intro- The $250 million market capitalization tember 30, 2006, and for other purposes. ducing the Increased Capital Access for level approximates the number of pub- lic companies that Congress originally AMENDMENT NO. 1200 Growing Businesses Act. The legisla- intended to qualify as eligible BDC as- At the request of Mr. BYRD, the tion would help many small businesses sets. I would note that it is also much names of the Senator from Virginia address the challenge of accessing cap- lower than the market capitalization (Mr. WARNER), the Senator from Maine ital as they look to grow, develop and levels of small cap indexes, such as the (Ms. COLLINS), the Senator from Wash- create more jobs. S&P SmallCap 600, which uses a mar- ington (Mrs. MURRAY), the Senator I would like to share with colleagues ket cap of $300 million to $1 billion for from Michigan (Ms. STABENOW), the in the Senate why this legislation is a definition of a small company. Senator from Maryland (Mr. SAR- necessary and desirable to update our securities laws for entrepreneurial This legislation adds no costs or BANES), the Senator from Michigan risks to the government or taxpayers. (Mr. LEVIN) and the Senator from small business owners. In 1980, Con- gress passed legislation, the Small It will simply correct the unintended Washington (Ms. CANTWELL) were consequences of current rules and up- added as cosponsors of amendment No. Business Investment Incentive Act, which authorized business development date the securities laws to allow more 1200 proposed to H.R. 2360, a bill mak- small businesses to access capital. This ing appropriations for the Department companies, or BDCs, to provide financ- ing to small, developing or financially will in turn encourage small business of Homeland Security for the fiscal growth, job creation and economic ex- year ending September 30, 2006, and for troubled companies. Congress recog- nized the importance of small busi- pansion. other purposes. That is why, earlier this year the nesses to the U.S. economy and that AMENDMENT NO. 1206 House of Representatives unanimously such businesses may have a more dif- At the request of Mr. SARBANES, the passed similar legislation to modernize ficult time obtaining needed capital to names of the Senator from Washington U.S. securities laws and allow more grow and develop. (Mrs. MURRAY), the Senator from Wis- small businesses to be eligible for such BDCs are publicly traded companies consin (Mr. FEINGOLD) and the Senator financing. that are required to have 70 percent of from Michigan (Ms. STABENOW) were I urge my colleagues in the Senate to their assets invested in eligible assets, added as cosponsors of amendment No. join me in supporting this common- or eligible portfolio companies, which 1206 proposed to H.R. 2360, a bill mak- sense legislation for small businesses are generally to be securities of small ing appropriations for the Department in America. developing or financially troubled busi- of Homeland Security for the fiscal nesses. In 1980, the definition of a small year ending September 30, 2006, and for By Mr. LIEBERMAN (for himself, company for the purposes of a BDC’s 70 other purposes. Mrs. CLINTON, Mr. NELSON of percent of asset category was tied to Florida, Mr. REED, and Mr. AMENDMENT NO. 1216 the Federal Reserve’s rules defining SALAZAR): At the request of Mrs. BOXER, the marginable securities. At the time, S. 1397. A bill to amend title 10, name of the Senator from Oklahoma about two-thirds or 8,000 publicly trad- United States Code, to provide for an (Mr. INHOFE) was added as a cosponsor ed companies were not marginable and increase in the minimum end-strength of amendment No. 1216 proposed to were therefore eligible investments for level for active duty personnel for the H.R. 2360, a bill making appropriations BDCs. United States Army, and for other pur- for the Department of Homeland Secu- However, there was an unintended poses; to the Committee on Armed rity for the fiscal year ending Sep- consequence of tying the definition of Services. tember 30, 2006, and for other purposes. small company to those issuers that do Mr. LIEBERMAN. Mr. President, I AMENDMENT NO. 1217 not have marginable securities—the ask unanimous consent that the text of At the request of Ms. STABENOW, the margin rules have been changed several the bill be printed in the RECORD. names of the Senator from Arizona times, which significantly reduced the There being no objection, the bill was (Mr. KYL), the Senator from Kansas number of public companies in which ordered to be printed in the RECORD, as (Mr. BROWNBACK) and the Senator from BDCs could invest. This was obviously follows:

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8305 S. 1397 ‘‘damaging’’ the force significantly or ‘‘even ethics and lobbying; to the Committee Be it enacted by the Senate and House of breaking it in the next five years’’, according on Homeland Security and Government Representatives of the United States of America to a division commander during Operation Affairs. in Congress assembled, Desert Storm. TITLE I—ENHANCING LOBBYING DISCLOSURE SECTION 1. SHORT TITLE. (15) In a December 2004 letter to the Chief This Act may be cited as the ‘‘United of Staff, United States Army, the Chief of Section 101: Requires lobbying disclosure States Army Relief Act of 2005’’. the United States Army Reserve wrote that reports to be filed quarterly rather than semiannually and adjusts monetary thresh- SEC. 2. FINDINGS. ‘‘the current demands’’ of operations in the olds accordingly. Congress makes the following findings: Middle East were ‘‘spreading the Reserve Section 102: Requires lobbying disclosure (1) The 2004 National Military Strategy of force too thin’’ and that his command ‘‘was in grave danger’’ of being unable to meet reports to be filed in electronic form. the United States assigns the Army the task Section 103: Directs the Secretary of the of operating with the other Armed Forces to other missions abroad or domestically, and Senate and the Clerk of the House of Rep- provide for homeland defense, deter aggres- that the Army Reserve was ‘‘rapidly degen- resentatives to create a searchable, sortable, sion forward from and in four different re- erating into a ‘broken force’ ’’. and downloadable public database that con- gions around the world, conduct military op- (16) The letter referred to in paragraph (15) tains the information disclosed in lobbying erations in two overlapping but geographi- was intended, the Chief of the United States Army Reserve wrote, not ‘‘to sound alarmist disclosure reports. cally disparate major campaigns, and win de- Section 104: Requires registered lobbyists cisively in one of those campaigns before . . . [but] . . . to send a clear, distinctive, to provide, in the section of their quarterly shifting focus to the next one. signal of deepening concern’’ to his superi- reports in which the issues or bills on which (2) The Chairman of the Joint Chiefs of ors. they lobbied are listed, the names of all sen- Staff, General Richard Myers, has directed (17) In addition to hampering the ability of ior executive branch officials and Members that the Army must be able to ‘‘win deci- the Army to successfully complete the mis- of Congress who they communicated with sively’’ in one theater, even when it is com- sions assigned to it, this ‘‘overuse’’ has sig- orally and the dates on which such commu- mitted to a number of other contingencies. nificant consequences for domestic homeland nications occurred. (3) While Congress lauds the current efforts security operations. Section 105: Mandates that registered lob- by the Administration to reduce demands (18) A disproportionate number of Federal, byists must disclose all past executive and upon ground forces by continuing to pursue State, and local first responders are also congressional employment, not just such em- the transformation of the United States members of the National Guard or Reserve. ployment during the two years prior to mak- military as a whole, the recent experiences (19) At a time of strain for large munici- palities struggling to secure their infrastruc- ing a lobbying contact. of the Army in Iraq serve to underscore the Section 106: Requires lobbyists to disclose fact that there is, as of yet, no substitute for ture against the threat of terrorism, the in their quarterly reports how much they having sufficient troops to conduct per- drain on available personnel as well as budg- spent on grassroots lobbying efforts. sonnel-intensive post-conflict missions. ets is unacceptable. (20) An increase of the end-strength of the Section 107: Provides more transparency (4) The current force requirements posed for lobbying coalitions, by requiring such or- by the ongoing operations in Iraq, Afghani- Army is in the best interests of the people of the United States and their interests abroad, ganizations to disclose those individuals or stan, and elsewhere as part of the Global War entities whose total contribution to the as- on Terror are unsustainable for the long and is consistent with the duties and obliga- sociation in connection with lobbying activi- term and undermine the ability of the tions of Congress as set forth in the Con- ties exceeds $10,000. Certain tax-exempt asso- United States military to successfully exe- stitution. ciations are not covered by this new require- cute the National Military Strategy. (21) An increase of 100,000 troops over the ment. (5) Although the burden may be a heavy permanently authorized level for the Army for fiscal year 2004 of 482,000 troops will pro- Section 108: Doubles the penalty for failing one, we as a nation and as a people must not, to comply with lobbying disclosure require- will not, shy away from our engagement in vide a long-term, lasting solution to the cur- ments from $50,000 to $100,000. world affairs to defend our interests and to rent operational constraints and future mis- defend those who are themselves defenseless. sion requirements of the Army. TITLE II—SLOWING THE REVOLVING DOOR (6) Our engagement in Afghanistan, Iraq, (22) Progress was made toward that solu- Section 201: Amends 18 U.S.C. § 207, the sec- and the greater Middle East is, as Secretary tion when Congress authorized an increase of tion of the criminal code that provides re- of State Condoleezza Rice stated, a 20,000 troops in the end-strength of the Army strictions on lobbying by former executive ‘‘generational’’ one. for fiscal year 2005 in the Ronald W. Reagan and legislative branch employees, to estab- (7) Although our commitments in this re- National Defense Authorization Act for Fis- lish the following restrictions: gion—and around the world—are vital, the cal Year 2005 (Public Law 108–375). 1. Senior executive employees, those paid Army has been ‘‘overused’’ according to the (23) An increase in the permanent author- at 86.5 percent of level II of the Executive Chief of the United States Army Reserve. ized end-strength for the Army of 80,000 Schedule are prohibited from making com- (8) The Army currently has approximately troops is required to meet the 100,000-troop munications or appearances with the intent 499,000 active duty troops, and these are increase level that will provide a lasting, to influence any employee of their former backed up by nearly 700,000 members of the long-term solution to personnel problems agencies for two years. The current ‘‘cooling Army National Guard and the Army Reserve. currently being experienced by the Army. off period’’ is one year. (9) This number is a third less than the (24) This number will equip the Army with 2. Very senior executive employees, the force level on hand when the first Persian sufficient personnel so that it may not only Vice President and those paid at level I of Gulf War was fought in 1991. engage in a stabilization operation like Iraq, the Executive Schedule, such as cabinet offi- (10) Approximately 150,000 of these troops but so that it may do so while maintaining cers and heads of agencies, are prohibited are in Iraq. Nearly 10,000 troops are in Af- optimal troop rotation schedules. from engaging in ‘‘lobbying activities,’’ as ghanistan. 1,700 serve in Kosovo. 37,000 serve (25) This conclusion is supported by the defined in section 3, subsection 7 of the Lob- on the Korean peninsula. November 2003 testimony of the Director of bying Disclosure Act of 1995, for a two-year (11) As of 2005 the relationship between the the Congressional Budget Office, Douglas period; with respect to their former agency total number of troops and the number of Holtz-Eakin, before the Committee on or to any employee currently paid under the operationally deployed troops has resulted, Armed Services of the House of Representa- Executive Schedule. Under the LDA, lob- as the commanding general of the 18th Corps tives. bying activities include not only direct lob- of the Army at Fort Bragg remarked in 2004, SEC. 3. INCREASE IN END-STRENGTH FOR THE bying contacts, but activities such as pro- in an active-duty force that is ‘‘stretched ex- ARMY. viding advice, strategy, or preparation in traordinarily thin.’’ Section 691 of title 10, United States Code, connection with such contacts. (12) A former Army Deputy Chief of Staff is amended by adding at the end the fol- 3. Members of Congress are prohibited from has stated that in light of the growing oper- lowing new subsection: engaging in lobbying activities relating to ational demands upon it in the strategic en- ‘‘(e) Notwithstanding subsection (b)(1), the either House of Congress for two years. This vironment after September 11, 2001, that the authorization for the number of members of will prevent a former member from directing Army ‘‘is too small to do its current mis- the Army at the end of each fiscal year as or managing a lobbying campaign while sions’’. follows shall be not less than the number avoiding personal lobbying contacts. (13) That former Army Deputy Chief of specified for such fiscal year: 4. Senior congressional staff, those making Staff further stated that the current size of ‘‘(1) Fiscal year 2006, 522,400. 75 percent of a Member’s salary, are prohib- the Army, coupled with the current demands ‘‘(2) Fiscal year 2007, 542,400. ited from making appearances or commu- upon it, has resulted in a loss of ‘‘the resil- ‘‘(3) Fiscal year 2008, 562,400. nications with the intent to influence any iency to provide either strategic balance— ‘‘(4) Fiscal year 2009, 582,400. employee of the House of Congress that for- what you need if some other thing flares ‘‘(5) Any fiscal year after fiscal year 2009, merly employed them for two years. Current up—or to be able to give a respite as the 582,400.’’. law prohibits contacts with the former em- troops rotate back from overseas areas ploying office or committee for only one where they’ve been in combat.’’ By Mr. FEINGOLD: year. (14) In its attempts to fulfill its missions S. 1398. A bill to provide more rig- Section 202: Requires the establishment of with too few troops, the Army has risked orous requirements with respect to uniform regulations regarding the standards

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by which waivers on seeking employment by (b) TABLE OF CONTENTS.—The table of con- year’’ and insert ‘‘the quarterly period begin- executive branch officials are granted and tents for this Act is as follows: ning on the first days of January, April, requires the Executive branch to publish Sec. 1. Short title; table of contents. July, and October of each year’’; and waivers that have been granted within three TITLE I—ENHANCING LOBBYING (C) by striking ‘‘such semiannual period’’ business days. DISCLOSURE and insert ‘‘such quarterly period’’; and Section 203: Requires Members to publicly (2) in subsection (b)— Sec. 101. Quarterly filing of lobbying disclo- disclose within three days any negotiations (A) in the matter preceding paragraph (1), sure reports. with prospective employers in which a con- by striking ‘‘semiannual report’’ and insert- Sec. 102. Electronic filing of lobbying disclo- flict of interest or the appearance of a con- ing ‘‘quarterly report’’; sure reports. flict of interest exists. (B) in paragraph (2), by striking ‘‘semi- Section 204: Establishes stiffer penalties Sec. 103. Public database of lobbying disclo- sure information. annual filing period’’ and inserting ‘‘quar- for an employee of either House of Congress terly period’’; who uses his or her official capacity to influ- Sec. 104. Identification of officials with (C) in paragraph (3), by striking ‘‘semi- ence an employment decision or practice of whom lobbying contacts are annual period’’ and inserting ‘‘quarterly pe- any private or public entity, except for the made. riod’’; and Congress itself. Sec. 105. Disclosure by registered lobbyists Section 205: Reaffirms that any employee of all past executive and con- (D) in paragraph (4), by striking ‘‘semi- of either House may not take official action gressional employment. annual filing period’’ and inserting ‘‘quar- on the basis of a prospect for personal gain. Sec. 106. Disclosure of grassroots activities terly period’’. Section 206: Eliminates any benefits or by paid lobbyists. (b) CONFORMING AMENDMENTS.— privileges generally granted by the House or Sec. 107. Disclosure of lobbying activities by (1) DEFINITION.—Section 3 of such Act (2 Senate to former Members, such as gym certain coalitions and associa- U.S.C. 1602) is amended in paragraph (10) by membership or floor privileges, for those tions. striking ‘‘six month period’’ and inserting former Members who are registered lobby- Sec. 108. Increased penalty for failure to ‘‘three-month period’’. ists. comply with lobbying disclo- (2) REGISTRATION.—Section 4 of such Act (2 TITLE III—CURBING EXCESSES IN PRIVATELY sure requirements. U.S.C. 1603) is amended— FUNDED TRAVEL AND LOBBYIST GIFTS (A) in subsection (a)(3)(A), by striking TITLE II—SLOWING THE REVOLVING ‘‘semiannual period’’ and inserting ‘‘quar- Section 301: Amends the ethics rules to re- DOOR terly period’’; and quire all congressional employees to obtain a Sec. 201. Amendments to restrictions on (B) in subsection (b)(3)(A), by striking certification from any party that pays for former officers, employees, and ‘‘semiannual period’’ and inserting ‘‘quar- transportation or lodging permitted by the elected officials of the execu- terly period’’. gift rules that the trip was not planned, or- tive and legislative branches. (3) ENFORCEMENT.—Section 6 of such Act (2 ganized, arranged, or financed by a reg- Sec. 202. Reform of waiver process for acts U.S.C. 1605) is amended in paragraph (6) by istered lobbyist and that no registered lobby- affecting a personal financial striking ‘‘semiannual period’’ and inserting ists will participate in or attend the trip interest. Section 302: Amends the gift rule to re- ‘‘quarterly period’’. Sec. 203. Public disclosure by Members of quire Senators and staff to publicly disclose (4) ESTIMATES.—Section 15 of such Act (2 Congress of employment nego- information on any flight on a corporate jet U.S.C. 1610) is amended— tiations. and requires Senators to reimburse the (A) in subsection (a)(1), by striking ‘‘semi- Sec. 204. Wrongfully influencing, on a par- owner of a corporate jet at the charter rate, annual period’’ and inserting ‘‘quarterly pe- tisan basis, an entity’s employ- instead of first class airfare as is currently riod’’; and permitted. Also requires campaigns to pay ment decisions or practices. (B) in subsection (b)(1), by striking ‘‘semi- for the use of corporate jets at the charter Sec. 205. Amendment to Code of Official annual period’’ and inserting ‘‘quarterly pe- rate. Current FEC regulations allow cam- Conduct to prohibit favoritism. riod’’. paigns to pay first class airfare if the flight Sec. 206. Elimination of floor privileges and (5) DOLLAR AMOUNTS.— is between cities where commercial service other perks for former Member (A) Section 4 of such Act (2 U.S.C. 1603) is is available. lobbyists. further amended— Section 303: Establishes maximum civil TITLE III—CURBING EXCESSES IN PRI- (i) in subsection (a)(3)(A)(i), by striking fines of $100,000, $300,000, and $500,000 for the VATELY FUNDED TRAVEL AND LOB- ‘‘$5,000’’ and inserting ‘‘$2,500’’; first, second, and third false travel certifi- BYIST GIFTS (ii) in subsection (a)(3)(A)(ii), by striking cations, respectively Sec. 301. Required certification that con- ‘‘$20,000’’ and inserting ‘‘$10,000’’; Section 304: Amends the ethics rules to re- gressional travel meets certain (iii) in subsection (b)(3)(A), by striking quire Members to provide more detailed de- conditions. ‘‘$10,000’’ and inserting ‘‘$5,000’’; and scriptions of all meetings, tours, events, and Sec. 302. Requirement of full payment and (iv) in subsection (b)(4), by striking outings during travel paid for by private en- disclosure of charter flights. ‘‘$10,000’’ and inserting ‘‘$5,000’’. tities under the gift rules. Sec. 303. False certification in connection (B) Section 5 of such Act (2 U.S.C. 1604) is Section 305: Directs House and Senate Eth- with congressional travel. further amended— ics Committees to develop and revise guide- Sec. 304. Increased disclosure of travel by (i) in subsection (c)(1), by striking lines on what constitute ‘‘reasonable ex- Members. ‘‘$10,000’’ and ‘‘$20,000’’ and inserting ‘‘$5,000’’ penses’’ or ‘‘reasonable expenditures’’ during Sec. 305. Guidelines respecting travel ex- and ‘‘$10,000’’, respectively; and privately funded travel. (ii) in subsection (c)(2), by striking Section 306: Prohibits registered lobbyists penses. Sec. 306. Prohibition on gifts by registered ‘‘$10,000’’ both places such term appears and from giving gifts to Members of Congress or inserting ‘‘$5,000’’. congressional employees. Exceptions are pro- lobbyists to Members of Con- vided for gifts from relatives and personal gress and to congressional em- SEC. 102. ELECTRONIC FILING OF LOBBYING DIS- CLOSURE REPORTS. friends, campaign contributions, informa- ployees. Section 5 of the Lobbying Disclosure Act of tional materials, and items of nominal Sec. 307. Prohibition on members accepting 1995 (2 U.S.C. 1604) is further amended by value. gifts from lobbyists. Section 307: Amends the House and Senate TITLE IV—OVERSIGHT OF ETHICS AND adding at the end the following new sub- ethics rules to prohibit Members from ac- LOBBYING section: ‘‘(d) ELECTRONIC FILING REQUIRED.—A re- cepting gifts from registered lobbyists not Sec. 401. Comptroller General review and permitted by Section 306. port required to be filed under this section semiannual report on activities shall be filed in electronic form, in addition TITLE IV—OVERSIGHT OF ETHICS AND LOBBYING carried out by Clerk of the to any other form that may be required by Section 401: Requires the Comptroller Gen- House and Secretary of the the Secretary of the Senate or the Clerk of eral to review the effectiveness of lobbying Senate under Lobbying Disclo- the House of Representatives.’’. oversight and to issue semiannual reports on sure Act of 1995. SEC. 103. PUBLIC DATABASE OF LOBBYING DIS- the topic. TITLE I—ENHANCING LOBBYING There being no objection, the mate- CLOSURE INFORMATION. DISCLOSURE (a) DATABASE REQUIRED.—Section 6 of the rial was ordered to be printed in the SEC. 101. QUARTERLY FILING OF LOBBYING DIS- Lobbying Disclosure Act of 1995 (2 U.S.C. RECORD, as follows: CLOSURE REPORTS. 1605) is further amended— S. 1398 (a) QUARTERLY FILING REQUIRED.—Section (1) in paragraph (7), by striking ‘‘and’’ at Be it enacted by the Senate and House of 5 of the Lobbying Disclosure Act of 1995 (2 the end; Representatives of the United States of America U.S.C. 1604) is amended— (2) in paragraph (8), by striking the period in Congress assembled, (1) in subsection (a)— at the end and inserting ‘‘; and’’; and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (A) by striking ‘‘Semiannual’’ and insert- (3) by adding at the end the following new (a) SHORT TITLE.—This Act may be cited as ing ‘‘Quarterly’’; paragraph: the ‘‘Lobbying and Ethics Reform Act of (B) by striking ‘‘the semiannual period’’ ‘‘(9) maintain, and make available to the 2005’’. and all that follows through ‘‘July of each public over the Internet, without a fee or

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other access charge, in a searchable, sort- an officer or employee of an executive agen- (b) EFFECTIVE DATE.— able, and downloadable manner, an elec- cy. (1) IN GENERAL.—The amendments made by tronic database that— ‘‘(D)(i) Subject to clause (ii), the commu- this section shall apply to— ‘‘(A) includes the information contained in nication specifically identifies an individual (A) coalitions and associations listed on registrations and reports filed under this who— registration statements filed under section 4 Act; ‘‘(I) is in a position to consider or vote on of the Lobbying Disclosure Act of 1995 (2 ‘‘(B) directly links the information it con- the legislation; U.S.C. 1603) after the date of the enactment tains to the information disclosed in reports ‘‘(II) represents the recipient in Congress; of this Act, and filed with the Federal Election Commission or (B) coalitions and associations for whom under section 304 of the Federal Election ‘‘(III) is an officer or employee of the exec- any lobbying contact is made after the date Campaign Act of 1971 (2 U.S.C. 434); and utive agency to which the legislation or ex- of the enactment of this Act. ‘‘(C) is searchable and sortable, at a min- ecutive action relates. (2) SPECIAL RULE.—In the case of any coali- imum, by each of the categories of informa- ‘‘(ii) A communication described in clause tion or association to which the amendments tion described in section 4(b) or 5(b).’’. (i) is a grassroots lobbying communication made by this Act apply by reason of para- (b) AVAILABILITY OF REPORTS.—Section 6 of only if it is a communication that cannot graph (1)(B), the person required by such sec- such Act is further amended in paragraph (4) meet the ‘full and fair exposition’ test as tion 4 to file a registration statement with by inserting before the semicolon at the end nonpartisan analysis, study, or research.’’. respect to such coalition or association shall the following: ‘‘and, in the case of a report (b) SEPARATE ITEMIZATION OF GRASSROOTS file a new registration statement within 30 filed in electronic form pursuant to section EXPENSES.—Section 5 of the Lobbying Dis- days after the date of the enactment of this 5(d), shall make such report available for closure Act of 1995 (2 U.S.C. 1604) is further Act. public inspection over the Internet not more amended in subsection (b)— than 48 hours after the report is so filed’’. SEC. 108. INCREASED PENALTY FOR FAILURE TO (1) in paragraph (3), by inserting after COMPLY WITH LOBBYING DISCLO- (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘total amount of all income’’ the following: SURE REQUIREMENTS. There are authorized to be appropriated such ‘‘(including an itemization of the total Section 7 of the Lobbying Disclosure Act of sums as may be necessary to carry out para- amount relating specifically to grassroots 1995 (2 U.S.C. 1606) is amended by striking graph (9) of section 6 of such Act, as added by lobbying communications and, within that ‘‘$50,000’’ and inserting ‘‘$100,000’’. subsection (a). amount, an itemization of the total amount SEC. 104. IDENTIFICATION OF OFFICIALS WITH specifically relating to broadcast media TITLE II—SLOWING THE REVOLVING WHOM LOBBYING CONTACTS ARE grassroots lobbying communications)’’; and DOOR MADE. (2) in paragraph (4), by inserting after Section 5 of the Lobbying Disclosure Act of SEC. 201. AMENDMENTS TO RESTRICTIONS ON ‘‘total expenses’’ the following: ‘‘(including 1995 (2 U.S.C. 1604) is further amended in sub- FORMER OFFICERS, EMPLOYEES, an itemization of the total amount relating section (b)(2)— AND ELECTED OFFICIALS OF THE specifically to grassroots lobbying commu- (1) by redesignating subparagraphs (B) EXECUTIVE AND LEGISLATIVE nications and, within that total amount, an BRANCHES. through (D) as subparagraphs (C) through itemization of the total amount specifically (E), respectively; and (a) VERY SENIOR EXECUTIVE PERSONNEL.— relating to broadcast media grassroots lob- (2) by inserting after subparagraph (A) the (1) IN GENERAL.—The matter after subpara- bying communications)’’. following new subparagraph: graph (C) in section 207(d)(1) of title 18, ‘‘(B) for each specific issue listed pursuant SEC. 107. DISCLOSURE OF LOBBYING ACTIVITIES United States Code, is amended to read as BY CERTAIN COALITIONS AND ASSO- follows: to subparagraph (A), a list identifying each CIATIONS. covered executive branch official and each (a) IN GENERAL.—Paragraph (2) of section 3 ‘‘and who, within 2 years after the termi- Member of Congress with whom a lobbyist of the Lobbying Disclosure Act of 1995 (2 nation of that person’s service in that posi- employed by the registrant engaged in a lob- U.S.C. 1602) is amended to read as follows: tion, engages in lobbying activities directed bying contact through oral communication ‘‘(2) CLIENT.— at any person described in paragraph (2), on with respect to that issue and the date on ‘‘(A) IN GENERAL.—The term ‘client’ means behalf of any other person (except the United which each such contact occurred.’’. any person or entity that employs or retains States), shall be punished as provided in sec- SEC. 105. DISCLOSURE BY REGISTERED LOBBY- another person for financial or other com- tion 216 of this title.’’. ISTS OF ALL PAST EXECUTIVE AND pensation to conduct lobbying activities on (2) CONFORMING AMENDMENT.—The first sen- CONGRESSIONAL EMPLOYMENT. tence of section 207(h)(1) of title 18, United Section 4 of the Lobbying Disclosure Act of behalf of that person or entity. A person or States Code, is amended by inserting after 1995 (2 U.S.C. 1603) is further amended in sub- entity whose employees act as lobbyists on ‘‘subsection (c)’’ the following: ‘‘and sub- section (b)(6) by striking ‘‘or a covered legis- its own behalf is both a client and an em- section (d)’’. lative branch official’’ and all that follows ployer of such employees. through ‘‘as a lobbyist on behalf of the cli- ‘‘(B) TREATMENT OF COALITIONS AND ASSO- (b) SENIOR EXECUTIVE PERSONNEL.—Section ent,’’ and inserting ‘‘or a covered legislative CIATIONS.— 207(c)(1) of title 18, United States Code, is branch official,’’. ‘‘(i) IN GENERAL.—Except as provided in amended by striking ‘‘within 1 year after’’ SEC. 106. DISCLOSURE OF GRASSROOTS ACTIVI- clause (ii), in the case of a coalition or asso- and inserting ‘‘within 2 years after’’. TIES BY PAID LOBBYISTS. ciation that employs or retains persons to (c) FORMER MEMBERS OF CONGRESS AND OF- (a) DISCLOSURE OF GRASSROOTS ACTIVI- conduct lobbying activities, each person, FICERS AND EMPLOYEES OF THE LEGISLATIVE TIES.—Section 3 of the Lobbying Disclosure other than an individual who is a member of BRANCH.— Act of 1995 (2 U.S.C. 1602) is further amended the coalition or association, whose total con- (1) IN GENERAL.—Section 207(e) of title 18, by adding at the end the following new para- tribution to the coalition or association in United States Code, is amended— graph: connection with the lobbying activities ex- (A) by striking paragraphs (1), (2), (3), and ‘‘(17) GRASSROOTS LOBBYING COMMUNICA- ceeds the $10,000 registration threshold de- (4) and inserting the following: TION.—The term ‘grassroots lobbying com- scribed in section 4(a)(3)(A)(ii) of this Act, is ‘‘(1) MEMBERS OF CONGRESS AND ELECTED munication’ means an attempt to influence the client along with the coalition or asso- OFFICERS.—Any person who is a Member of legislation or executive action through the ciation. Congress or an elected officer of either House use of mass communications directed to the ‘‘(ii) EXCEPTION FOR CERTAIN TAX-EXEMPT of Congress and who, within 2 years after general public and designed to encourage re- ASSOCIATIONS.—In case of an association— that person leaves office, knowingly engages cipients to take specific action with respect ‘‘(I) which is described in paragraph (3) of in lobbying activities on behalf of any other to legislation or executive action, except section 501(c) of the Internal Revenue Code person (except the United States) in connec- that such term does not include any commu- of 1986 and exempt from tax under section tion with any matter on which such former nications by an entity directed to its mem- 501(a) of such Code, or Member of Congress or elected officer seeks bers, employees, officers, or shareholders. ‘‘(II) which is described in any other para- action by a Member, officer, or employee of For purposes of this paragraph, a commu- graph of section 501(c) of the Internal Rev- either House of Congress shall be punished as nication is designed to encourage a recipient enue Code of 1986 and exempt from tax under provided in section 216 of this title. if any of the following applies: section 501(a) of such Code and which has ‘‘(2) CONGRESSIONAL EMPLOYEES.— ‘‘(A) The communication states that the substantial exempt activities other than lob- ‘‘(A) IN GENERAL.—Any person who is an recipient should contact a legislator, or bying, employee of the Senate or an employee of should contact an officer or employee of an the association (and not its members) shall the House of Representatives, who, for at executive agency. be treated as the client. least 60 days, in the aggregate, during the 1- ‘‘(B) The communication provides the ad- ‘‘(iii) LOOK-THRU RULES.—A coalition or as- year period before the termination of em- dress, phone number, and contact informa- sociation and its members, which would oth- ployment of that person with the Senate or tion of a legislator or of an officer or em- erwise be treated as a client, shall not avoid House of Representatives, was paid a rate of ployee of an executive agency. the registration and reporting requirements basic pay equal to or greater than an amount ‘‘(C) The communication provides a peti- of this Act by employing or retaining an- which is 75 percent of the basic rate of pay tion, tear-off postcard, or similar material other coalition or association to conduct lob- payable for a Member of the House of Con- for the recipient to send to a legislator or to bying activities.’’. gress in which such employee was employed,

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8308 CONGRESSIONAL RECORD — SENATE July 14, 2005 within 2 years after termination of such em- ‘‘14. A Member, Delegate, or Resident Com- TITLE III—CURBING EXCESSES IN PRI- ployment, knowingly makes, with the intent missioner shall publicly disclose the fact VATELY FUNDED TRAVEL AND LOB- to influence, any communication to or ap- that he or she is negotiating or has any ar- BYIST GIFTS pearance before any of the persons described rangement concerning prospective employ- SEC. 301. REQUIRED CERTIFICATION THAT CON- in subparagraph (B), on behalf of any other ment if a conflict of interest or the appear- GRESSIONAL TRAVEL MEETS CER- person (except the United States) in connec- ance of a conflict of interest may exist. Such TAIN CONDITIONS. tion with any matter on which such former disclosure shall be made within 3 days after (a) HOUSE OF REPRESENTATIVES.—Clause 5 employee seeks action by a Member, officer, the commencement of such negotiation or of rule XXV of the Rules of the House of Rep- or employee of either House of Congress, in arrangement.’’. resentatives is amended by redesignating his or her official capacity, shall be punished (b) SENATE.—Rule XXXVII of the Standing paragraphs (e) and (f) as paragraphs (f) and as provided in section 216 of this title. Rules of the Senate is amended by adding at (g), respectively, and by inserting after para- ‘‘(B) PERSONS REFERRED TO.—The persons the end the following: graph (d) the following new paragraph: referred to under subparagraph (A) with re- ‘‘13. A Member, or former employee of Con- ‘‘(e)(1) Except as provided by subparagraph spect to appearances or communications by gress who, for at least 60 days, in the aggre- (2), before a Member, Delegate, Resident a former employee are any Member, officer, gate, during the 1-year period before the Commissioner, officer, or employee of the or employee of the House of Congress in former employer’s service as such employee House may accept a gift of transportation or which such former employee served.’’; and terminated, was paid a rate of basic pay lodging otherwise permissible under this (B) in paragraph (6)— equal to or greater than an amount which is clause from any person, such Member, Dele- (i) in subparagraph (A), by striking ‘‘para- 75 percent of the basic rate of pay payable gate, Resident Commissioner, officer, or em- graphs (2), (3), and (4)’’ and inserting ‘‘para- for a Member of the House of Congress in ployee of the House, as applicable, shall ob- graph (2)’’; and which such employee was employed, shall tain a written certification from such person (ii) in subparagraph (B), by striking ‘‘para- publicly disclose the fact that he or she is (and provide a copy of such certification to graph (5)’’ and inserting ‘‘paragraph (3)’’; negotiating or has any arrangement con- the Clerk) that— (C) in paragraph (7)(G), by striking ‘‘, (2), cerning prospective employment if a conflict ‘‘(A) the trip was not planned, organized, (3), or (4)’’ and inserting ‘‘or (2)’’; and of interest or the appearance of a conflict of arranged, or financed by a registered lob- (D) by redesignating paragraphs (5), (6), interest may exist. Such disclosure shall be byist or foreign agent and was not organized and (7) as paragraphs (3), (4), and (5), respec- made within 3 days after the commencement at the request of a registered lobbyist or for- tively. of such negotiation or arrangement.’’. eign agent; and (2) DEFINITION.—Section 207(i) of title 18, ‘‘(B) the person did not accept, from any United States Code, is amended— SEC. 204. WRONGFULLY INFLUENCING, ON A PAR- TISAN BASIS, AN ENTITY’S EMPLOY- source, funds specifically earmarked for the (A) in paragraph (2), by striking ‘‘and’’ MENT DECISIONS OR PRACTICES. purpose of financing the travel expenses. after the semicolon; Whoever, being a Senator or Representa- The Clerk shall make public information re- (B) in paragraph (3), by striking the period tive in, or a Delegate or Resident Commis- ceived under this subparagraph as soon as and inserting ‘‘; and’’; and sioner to, the Congress or an employee of ei- possible after it is received. (C) by adding at the end the following: ther House of Congress, with the intent to ‘‘(2) A Member, Delegate, or Resident Com- ‘‘(4) the term ‘lobbying activities’ has the influence on the basis of political party af- missioner is not required to obtain a written same meaning given such term in section 3(7) filiation an employment decision or employ- certification for a gift or transportation or of the Lobbying Disclosure Act (2 U.S.C. ment practice of any private or public entity lodging described in subdivision (A), (B), (C), 1602(7)).’’. (except for the Congress)— (D), (F), or (G) of paragraph (a)(1).’’. SEC. 202. REFORM OF WAIVER PROCESS FOR (b) SENATE.—Paragraph 1 of rule XXXV of ACTS AFFECTING A PERSONAL FI- (1) takes or withholds, or offers or threat- ens to take or withhold, an official act; or the Standing Rules of the Senate is amended NANCIAL INTEREST. by adding at the end the following: Section 208 of title 18, United States Code, (2) influences, or offers or threatens to in- fluence, the official act of another, ‘‘(g) Before a Member, officer, or employee is amended— may accept a gift of transportation or lodg- (1) in subsection (b)(1)— shall be fined under title 18, United States ing otherwise permissible under this rule (A) by inserting after ‘‘the Government of- Code, or imprisoned for not more than 15 from any person, such Member, officer, or ficial responsible for appointment to his or years, or both, and may be disqualified from employee shall obtain a written certification her position’’ the following: ‘‘and the Office holding any office of honor, trust, or profit from such person (and provide a copy of such of Government Ethics’’; and under the United States. certification to the Select Committee on (B) by striking ‘‘a written determination SEC. 205. AMENDMENT TO CODE OF OFFICIAL Ethics) that— made by such official’’ and inserting ‘‘a writ- CONDUCT TO PROHIBIT FAVOR- ‘‘(1) the trip was not planned, organized, ten determination made by the Office of ITISM. arranged, or financed by a registered lob- Government Ethics, after consultation with (a) HOUSE OF REPRESENTATIVES.—Rule byist or foreign agent and was not organized such official,’’; and XXIII of the Rules of the House of Represent- at the request of a registered lobbyist or for- (2) in subsection (b)(3), by striking ‘‘the of- atives (known as the Code of Official Con- eign agent; ficial responsible for the employee’s appoint- duct) is amended by redesignating clause 14 ‘‘(2) registered lobbyists will not partici- ment, after review of’’ and inserting ‘‘the Of- as clause 15 and by inserting after clause 13 pate in or attend the trip; and fice of Government Ethics, after consulta- the following new clause: ‘‘(3) the person did not accept, from any tion with the official responsible for the em- ‘‘14. A Member, Delegate, Resident Com- source, funds specifically earmarked for the ployee’s appointment and after review of’’; missioner, officer, or employee of the House purpose of financing the travel expenses. and may not take or withhold, or threaten to (3) in subsection (d)(1)— The Select Committee on Ethics shall make take or withhold, any official action on the public information received under this sub- (A) by striking ‘‘Upon request’’ and all basis of partisan affiliation (except as per- that follows through ‘‘Ethics in Government paragraph as soon as possible after it is re- mitted by clause 9) or the campaign con- ceived.’’. Act of 1978.’’ and inserting ‘‘In each case in tributions or support of any person or the which the Office of Government Ethics SEC. 302. REQUIREMENT OF FULL PAYMENT AND prospect of personal gain either for oneself DISCLOSURE OF CHARTER FLIGHTS. makes a determination granting an exemp- or any other person.’’. tion under subsection (b)(1) or (b)(3) to a per- (a) HOUSE OF REPRESENTATIVES.—To be (b) SENATE.—Rule XXXVII of the Standing son, the Office shall, not later than 3 busi- provided. Rules of the Senate is amended by adding at ness days after making such determination, (b) SENATE.— the end the following: make available to the public pursuant to the (1) IN GENERAL.—Paragraph 1(c)(1) of rule ‘‘14. A Member, officer, or employee may procedures set forth in section 105 of the XXXV of the Standing Rules of the Senate is not take or withhold, or threaten to take or Ethics in Government Act of 1978, and pub- amended by— withhold, any official action on the basis of lish in the Federal Register, such determina- (A) inserting ‘‘(A)’’ after ‘‘(1)’’; and partisan affiliation or the campaign con- tion and the materials submitted by such (B) adding at the end the following: tributions or support of any person or the person in requesting such exemption.’’; and ‘‘(B) Market value for a jet flight on an air- prospect of personal gain either for oneself (B) by striking ‘‘the agency may withhold’’ plane that is not licensed by the Federal or any other person.’’. and inserting ‘‘the Office of Government Aviation Administration to operate for com- Ethics may withhold’’. SEC. 206. ELIMINATION OF FLOOR PRIVILEGES pensation or hire shall be the fair market AND OTHER PERKS FOR FORMER SEC. 203. PUBLIC DISCLOSURE BY MEMBERS OF value of a charter flight. The Select Com- MEMBER LOBBYISTS. CONGRESS OF EMPLOYMENT NEGO- mittee on Ethics shall make public informa- TIATIONS. Notwithstanding any other rule of the tion received under this subparagraph as (a) HOUSE OF REPRESENTATIVES.—The Code House of Representatives or Senate, any ben- soon as possible after it is received.’’. of Official Conduct set forth in rule XXIII of efit or privilege granted by the House of Rep- (2) DISCLOSURE.—Paragraph 1 of rule XXXV the Rules of the House of Representatives is resentatives or the Senate to all former of the Standing Rules of the Senate is amended by redesignating clause 14 as clause Members of that body, including floor privi- amended by adding at the end the following: 15 and by inserting after clause 13 the fol- leges, may not be received or exercised by a ‘‘(h) A Member, officer, or employee who lowing new clause: former Member who is a registered lobbyist. takes a flight described in subparagraph

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8309 (c)(1)(B) shall, with respect to the flight, ‘‘(2) Within 90 days after the date of adop- title I of the Ethics in Government Act of cause to be published in the Congressional tion of this subparagraph and at annual in- 1978 (2 U.S.C. App. 109(16)). Record within 10 days after the flight— tervals thereafter, the Committee on Stand- (C) EMPLOYEE BENEFITS.—Pension and ‘‘(1) the date of the flight; ards of official Conduct shall develop and re- other benefits resulting from continued par- ‘‘(2) the destination of the flight; vise, as necessary, guidelines on what con- ticipation in an employee welfare and bene- ‘‘(3) who else was on the flight, other than stitutes ‘reasonable expenses’ or ‘reasonable fits plan maintained by a former employer. those operating the plane; expenditures’ for purposes of paragraph (D) INFORMATIONAL MATERIALS.—Informa- ‘‘(4) the purpose of the trip; and (b)(4). In developing and revising the guide- tional materials that are sent to the office of ‘‘(5) the reason that a commercial airline lines, the committee shall take into account the Member, Delegate, Resident Commis- was not used.’’. the maximum per diem rates for official sioner, officer, or employee in the form of (c) CANDIDATES.—Subparagraph (B) of sec- Government travel published annually by books, articles, periodicals, other written tion 301(8) of the Federal Election Campaign the General Services Administration, the De- materials, audiotapes, videotapes, or other Act of 1971 (42 U.S.C. 431(8)(B)) is amended by partment of State, and the Department of forms of communication. striking ‘‘and’’ at the end of clause (xiii), by Defense.’’. (E) ITEMS OF NOMINAL VALUE.—An item of striking the period at the end of clause (xiv) (b) SENATE.—Rule XXXV of the Standing nominal value such as a greeting card, base- and inserting ‘‘; and’’, and by adding at the Rules of the Senate is amended by adding at ball cap, or a T-shirt. end the following new clause: the end the following: (F) PERSONAL FRIENDSHIP.— ‘‘(xv) any travel expense for a flight on an ‘‘(7) Not later than 90 days after the date of (i) IN GENERAL.—Anything provided by an airplane that is not licensed by the Federal adoption of this paragraph and at annual in- individual on the basis of a personal friend- Aviation Administration to operate for com- tervals thereafter, the Select Committee on ship unless the gift was given because of the pensation or hire, but only if the candidate Ethics shall develop and revise, as necessary, official position of the Member, Delegate, or the candidate’s authorized committee or guidelines on what constitutes ‘reasonable Resident Commissioner, officer, or employee. other political committee pays within 7 days expenses’ or ‘reasonable expenditures’ for (ii) CIRCUMSTANCES.—In determining after the date of the flight to the owner, les- purposes of this rule. In developing and re- whether a gift is provided on the basis of per- see, or other person who provides the use of vising the guidelines, the committee shall sonal friendship, the following shall be con- the airplane an amount not less than the take into account the maximum per diem sidered: normal and usual charter fare or rental rates for official Government travel pub- (I) The history of the relationship between charge for a comparable commercial airplane lished annually by the General Services Ad- the Member, Delegate, Resident Commis- of appropriate size.’’. ministration, the Department of State, and sioner, officer, or employer and the indi- SEC. 303. FALSE CERTIFICATION IN CONNECTION the Department of Defense.’’. vidual giving the gift, including any previous WITH CONGRESSIONAL TRAVEL. exchange of gifts between them. SEC. 306. PROHIBITION ON GIFTS BY REG- (a) IN GENERAL.—Whoever makes a false ISTERED LOBBYISTS TO MEMBERS (II) Whether the individual who gave the certification in connection with the travel of OF CONGRESS AND TO CONGRES- gift personally paid for the gift or sought a a Member, officer, or employee of either SIONAL EMPLOYEES. tax deduction or business reimbursement for House of Congress (within the meaning given (a) PROHIBITION.— the gift. those terms in section 207 of title 18, United (1) IN GENERAL.—A registered lobbyist may (III) Whether the individual who gave the States Code) shall, upon proof of such offense not knowingly make a gift to a Member, Del- gift also gave the same or similar gifts to by a preponderance of the evidence, be sub- egate, Resident Commissioner, officer, or other Members, Delegates, the Resident ject to a civil fine depending on the extent employee of Congress except as provided in Commissioners, officers, or employees of and gravity of the violation. this section. Congress. (b) MAXIMUM FINE.—The maximum fine per (2) GIFT DEFINED.—In this section, the term (G) CERTAIN OUTSIDE BUSINESS OR EMPLOY- offense under this section depends on the ‘‘gift’’ means a gratuity, favor, discount, en- MENT ACTIVITIES PROVIDED TO SPOUSE.—Food, number of separate trips in connection with tertainment, hospitality, loan, forbearance, refreshments, lodging, transportation, and which the person committed an offense or other item having monetary value. The other benefits provided to the spouse of the under this section, as follows: term includes gifts of services, training, Member, Delegate, Resident Commissioner, (1) FIRST TRIP.—For each offense com- transportation, lodging, and meals, whether officer, or employee, resulting from the out- mitted in connection with the first such trip, provided in kind, by purchase of a ticket, side business or employment activities of the the amount of the fine shall be not more payment in advance, or reimbursement after spouse or in connection with bona fide em- than $100,000 per offense. the expense has been incurred. ployment discussions with respect to the (2) SECOND TRIP.—For each offense com- (3) REGISTERED LOBBYIST DEFINED.—In this spouse, if such benefits have not been offered mitted in connection with the second such section, the term ‘‘registered lobbyist’’ or enhanced because of the official position trip, the amount of the fine shall be not means— of the Member, Delegate, Resident Commis- more than $300,000 per offense. (A) a lobbyist registered under the Lob- sioner, officer, or employee and are custom- (3) ANY OTHER TRIPS.—For each offense bying Disclosure Act of 1995 (2 U.S.C. 1601 et arily provided to others in similar cir- committed in connection with any such trip seq.); cumstances. after the second, the amount of the fine shall (B) a lobbyist who, as an employee of an (H) OPPORTUNITIES AND BENEFITS UNRE- be not more than $500,000 per offense. organization, is covered by the registration LATED TO CONGRESSIONAL EMPLOYMENT.—Op- SEC. 304. INCREASED DISCLOSURE OF TRAVEL of that organization under that Act; and portunities and benefits that are offered to BY MEMBERS. (C) an organization registered under that members of a group or class in which mem- (a) HOUSE OF REPRESENTATIVES.—Clause Act. bership is unrelated to congressional em- 5(b)(1)(A)(ii) of rule XXV of the Rules of the (4) GIFTS TO FAMILY MEMBERS AND OTHER IN- ployment. House of Representatives is amended by— DIVIDUALS.—For the purposes of this section, (I) CERTAIN FOODS OR REFRESHMENTS.— (1) inserting ‘‘a detailed description of each a gift to a family member of a Member, Dele- Food or refreshments of a nominal value of- of’’ before ‘‘the expenses’’; and gate, Resident Commissioner, officer, or em- fered other than as a part of a meal. (2) inserting ‘‘, including a description of ployee of Congress, or a gift to any other in- (b) PENALTY.—Any registered lobbyist who all meetings, tours, events, and outings dur- dividual based on that individual’s relation- violates this section shall be subject to a ing such travel’’ before the period at the end ship with the Member, Delegate, Resident civil fine of not more than $50,000, depending thereof. Commissioner, officer, or employee, shall be on the extent and gravity of the violation. (b) SENATE.—Paragraph 2(c) of rule XXXV considered a gift to the Member, Delegate, SEC. 307. PROHIBITION ON MEMBERS ACCEPTING GIFTS FROM LOBBYISTS. of the Standing Rules of the Senate is Resident Commissioner, officer, or employee (a) HOUSE OF REPRESENTATIVES.—Clause amended— if the gift was given because of the official 5(a)(1)(A) of rule XXV of the Rules of the (1) in subclause (5), by striking ‘‘and’’ after position of the Member, Delegate, Resident House of Representatives is amended by add- the semicolon; Commissioner, officer, or employee. ing at the end the following new sentence: (2) by redesignating subclause (6) as sub- (5) EXCEPTIONS.—The restrictions in para- ‘‘Notwithstanding any other provision of clause (7); and graph (1) do not apply to the following: this clause, in no event may a Member, Dele- (3) by adding after subclause (5) the fol- (A) CERTAIN LAWFUL POLITICAL FUNDRAISING gate, or Resident Commissioner accept a gift lowing: ACTIVITIES.—A contribution, as defined in from a registered lobbyist prohibited by sec- ‘‘(6) a detailed description of all meetings, section 301(8) of the Federal Election Cam- tion 306 of the Lobbying and Ethics Reform tours, events, and outings during such trav- paign Act of 1971 (2 U.S.C. 431) that is law- Act of 2005.’’. el; and’’. fully made under that Act, a lawful contribu- (b) SENATE.—Paragraph 1 of rule XXXV of SEC. 305. GUIDELINES RESPECTING TRAVEL EX- tion for election to a State or local govern- the Standing Rules of the Senate is amended PENSES. ment office, or attendance at a fundraising by adding at the end the following: (a) HOUSE OF REPRESENTATIVES.—Clause event sponsored by a political organization ‘‘(g) Notwithstanding any other provision 5(f) of rule XXV of the Rules of the House of described in section 527(e) of the Internal of this rule, in no event may a Member ac- Representatives is amended by inserting Revenue Code of 1986. cept a gift from a registered lobbyist prohib- ‘‘(1)’’ after ‘‘(f)’’ and by adding at the end the (B) GIFT FROM A RELATIVE.—A gift from a ited by section 306 of the Lobbying and Eth- following new subparagraph: relative as described in section 109(16) of ics Reform Act of 2005.’’.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8310 CONGRESSIONAL RECORD — SENATE July 14, 2005 TITLE IV—OVERSIGHT OF ETHICS AND three billion dollars were spent on lob- tween 1998 and 2004. Of those, more LOBBYING bying in 2004, nearly double the then 200 were former members of Con- SEC. 401. COMPTROLLER GENERAL REVIEW AND amount spent just six years earlier. gress. In fact, Public Citizen reports SEMIANNUAL REPORT ON ACTIVI- This dramatic increase in lobbying ex- that nearly half of all members return- TIES CARRIED OUT BY CLERK OF THE HOUSE AND SECRETARY OF penditures has led to an equally dra- ing to the private sector accept posi- THE SENATE UNDER LOBBYING DIS- matic growth in the number of reg- tions in the lobbying industry. For CLOSURE ACT OF 1995. istered lobbyists. A story in the Wash- congressional employees, the prospect (a) ONGOING REVIEW REQUIRED.—The Comp- ington Post from June of this year re- of receiving lobbying positions, which troller General shall review on an ongoing ports that there are currently more often pay several times more than basis the activities carried out by the Clerk than 34,750 registered lobbyists, which their current jobs, can easily create of the House of Representatives and the Sec- retary of the Senate under section 6 of the represents a 100% increase from 2000. conflicts of interest and may affect the Lobbying Disclosure Act of 1995 (2 U.S.C. Not surprisingly, a few powerful indus- decisions they make in their official 1605). The review shall emphasize— tries account for much of this growth. capacity. (1) the effectiveness of those activities in In the last six years, the pharma- The problems with oversight of the securing the compliance by lobbyists with ceutical industry alone has spent over lobbying industry are systemic and the requirements of that Act; and three quarters of a billion dollars on they are troubling. Even the minimal (2) whether the Clerk and the Secretary lobbying, enough to finance over 3,000 disclosure requirements of the Lob- have the resources and authorities needed professional lobbyists. The insurance bying Disclosure Act are often ignored for effective oversight and enforcement of industry is not far behind. During this because lobbyists know they will not that Act. be penalized. The revolving door be- (b) SEMIANNUAL REPORTS.—Twice yearly, same period, insurance companies not later than January 1 and not later than spent over 600 million dollars and em- tween the Hill and K Street spins fast- July 1 of each year, the Comptroller General ployed over 2,000 lobbyists. er than ever. And flaws in the gift rules shall submit to Congress a report on the re- Despite the growing presence of lob- are allowing handouts from lobbyists view required by subsection (a). The report byists on Capitol Hill, and despite the to rapidly increase the influence of spe- shall include the Comptroller General’s as- improvements made in the 1995 law, cial interests at the expense of the av- sessment of the matters required to be em- regulation of the lobbying industry re- erage citizen. I am told that it is not phasized by that subsection and any rec- mains inadequate. The Senate office in uncommon for lobbyists to perch them- ommendations of the Comptroller General to— charge of overseeing lobbying disclo- selves at the end of a bar and buy (1) improve the compliance by lobbyists sure reports employs fewer than 20 peo- drinks for any congressional staffer with the requirements of that Act; and ple, and the equivalent House office who comes by. This is permissible (2) provide the Clerk and the Secretary employs fewer than 35. Compare these under the Senate’s current gift rules, with the resources and authorities needed for numbers to the Federal Election Com- and it shouldn’t be. Lobbyists complain effective oversight and enforcement of that mission, which many people believe is about pressure—if not outright blatant Act. itself understaffed, but which has a requests—from Members and congres- Mr FEINGOLD. Mr. President, today staff of nearly 400 to oversee and en- sional staff to pay for their food and I will introduce the Lobbying and Eth- force campaign finance laws. drinks. Clearly, there is plenty of ics Reform Act of 2005. This bill builds Given these numbers, it should not blame to go around. on similar legislation that was intro- come as a shock that oversight of the My bill addresses these concerns in duced in the House by Representatives booming lobbying industry is not what four ways. First, my bill makes the MARTY MEEHAN and RAHM EMMANUEL. we would like it to be. In the past six lobbying process more transparent by I have long believed that to truly years alone, over 300 individuals and enhancing the specificity, frequency, serve our constituents well, we must companies lobbied without registering and accessibility of lobbying disclosure reduce the impact of big money on the first. One in five lobbying companies reports. The bill would require these legislative process. I have devoted a failed to file required disclosure forms. periodic reports filed by lobbyists to great deal of time over the years to re- And the Center for Public Integrity re- identify the members of Congress with forming our campaign finance laws. ports that over 14,000 disclosure docu- whom they met, divulge all past sen- With the enactment of the Bipartisan ments that should have been filed are ior-level legislative or executive Campaign Reform Act in 2002, we took not available, including documents re- branch employment, and separate out several important, and I believe suc- lating to 49 of the top 50 lobbying and report the amount of money spent cessful, steps to reduce the influence of firms. on grassroots lobbying efforts. Lobby- special interests and return some When the disclosure requirements are ists would have to file these reports on measure of power to the American peo- not enforced, it can only be expected a quarterly, rather than a semiannual, ple. that they and other rules relating to basis. And the bill would require the But campaign contributions are only lobbying will not be followed. In the Secretary of the Senate and the Clerk part of the story. In fact, during recent last six months, we have seen a number of the House to make these reports election cycles, the amount spent on of stories in the press detailing the in- available in a searchable database that lobbying members of Congress once creasingly cozy relationship between would allow the public to gather infor- they are elected has been more than lobbyists and certain members of Con- mation on lobbyists quickly and effi- double the amount spent on getting gress. We have seen stories of lobbyists ciently. The bill also requires the dis- them elected in the first place. Yet lob- funding international junkets for mem- closure of entities that contribute byists and the lobbying industry re- bers, their families, and their staff, large sums of money to lobbying coali- main partly in the shadows, even after which include days on famous golf tions. And it doubles the civil penalty the significant improvements to the courses and nights in luxurious resorts. for knowingly failing to file lobbying disclosure laws enacted in 1995. Ten We have seen stories of members and reports or filing false information. years later, the weaknesses of that law their staff accepting lavish gifts and Second, this bill should slow the re- have become apparent, as have the expensive meals from lobbyists. And we volving door between Congress and the weaknesses in the congressional gift haves seen stories of lobbyists pro- lobbying industry. It establishes a two- rules that we passed around the same viding members with free access to year waiting period for members, sen- time. Recent scandals involving lobby- their companies’ or clients’ corporate ior staff, and senior executive per- ists have made very clear that if this jets so that they can fly in comfort sonnel to participate in lobbying. Dur- body is to be responsive to the people, from fundraiser to fundraiser. ing this cooling-off period, members not just a narrow set of special inter- But the enticements offered by lob- and senior executive personnel would ests, we must strengthen the disclosure byists are not all quite so exotic in- be prohibited from engaging in all lob- rules governing the lobbying industry deed, many lobbyists merely offer plum bying activities, including developing and close loopholes in the gift rules. positions in their K Street offices. Ac- strategy for or directing a lobbying The lobbying industry continues to cording to a 2005 report, more than 2200 campaign. Staff would be forbidden grow at a startling rate. According to former federal government employees from making direct contact with any the Center for Public Integrity, over were registered as federal lobbyists be- members or staff who work in the

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8311 House of Congress that used to employ the United States; to the Committee ‘‘(2) may include a State agency. them, rather than just the former em- on Environment and Public Works. ‘‘(b) GRANT PROGRAM.— ploying office, as the law now requires. Mr. CHAFEE. Mr. President, I ask ‘‘(1) IN GENERAL.—The Administrator may make grants to qualified nonprofit technical The revolving door provisions in my unanimous consent that the text of the assistance providers that are qualified to bill would also require members of bill be printed in the RECORD. provide assistance on a broad range of waste- Congress to publicly disclose their in- There being no objection, the bill was water and stormwater approaches— tent to seek outside employment if a ordered to be printed in the RECORD, as ‘‘(A) to assist small treatment works to conflict of interest exists. They pro- follows: plan, develop, and obtain financing for eligi- hibit members of Congress from taking S. 1400 ble projects described in section 603(c); official actions to influence the em- ‘‘(B) to capitalize revolving loan funds to Be it enacted by the Senate and House of provide loans, in consultation with the State ployment decisions of outside entities Representatives of the United States of America in which the assistance is provided, to rural on the basis of partisan affiliation. And in Congress assembled, and small municipalities for predevelopment they affirm that no member should SECTION 1. SHORT TITLE; TABLE OF CONTENTS. costs (including costs for planning, design, take official action based on the pros- (a) SHORT TITLE.—This Act may be cited as associated preconstruction, and necessary pect for personal gain. The bill also the ‘‘Water Infrastructure Financing Act’’. activities for siting the facility and related prohibits registered lobbyists from tak- (b) TABLE OF CONTENTS.—The table of con- elements) associated with wastewater infra- ing advantage of special advantages tents of this Act is as follows: structure projects or short-term costs in- such as gym membership, floor privi- Sec. 1. Short title; table of contents. curred for equipment replacement that is not part of regular operation and maintenance leges, or access to certain areas of the TITLE I—WATER POLLUTION INFRASTRUCTURE activities for existing wastewater systems, Capitol that are offered to former if— Sec. 101. Technical assistance for rural and Members of Congress. ‘‘(i) any loan from the fund is made at or small treatment works. Third, my bill addresses the growing below the market interest rate, for a term Sec. 102. Projects eligible for assistance. not to exceed 10 years; problem of privately funded travel and Sec. 103. Water pollution control revolving ‘‘(ii) the amount of any single loan does lobbyist gifts. Before sponsoring a trip loan funds. not exceed $100,000; and for a member or staff, an organization Sec. 104. Affordability. ‘‘(iii) all loan repayments are credited to must certify that the trip was not fi- Sec. 105. Transferability of funds. the fund; nanced or organized by a registered Sec. 106. Costs of administering water pollu- tion control revolving loan ‘‘(C) to provide technical assistance and lobbyist and that lobbyists will not training for rural and small publicly owned participate in or attend the trip. After funds. Sec. 107. Water pollution control revolving treatment works and decentralized waste- returning from the trip, the Member or loan funds. water treatment systems to enable those staff must provide a detailed itinerary Sec. 108. Noncompliance. treatment works and systems to protect and description of expenses. My bill Sec. 109. Authorization of appropriations. water quality and achieve and maintain also creates a complete ban on lobby- Sec. 110. Critical water infrastructure compliance with this Act; and ists providing gifts to members and projects. ‘‘(D) to disseminate information to rural and small municipalities with respect to TITLE II—SAFE DRINKING WATER staff and on members accepting gifts planning, design, construction, and oper- INFRASTRUCTURE from registered lobbyists. Those who ation of publicly owned treatment works and file false certifications or fail to ob- Sec. 201. Preconstruction work. decentralized wastewater treatment sys- serve these rules will be subject to stiff Sec. 202. Affordability. tems. penalties. Sec. 203. Safe drinking water revolving loan ‘‘(2) DISTRIBUTION OF GRANT.—In carrying Finally, the bill seeks to strengthen funds. out this subsection, the Administrator shall Sec. 204. Other authorized activities. oversight of lobbying disclosure. A ensure, to the maximum extent practicable, Sec. 205. Priority system requirements. that technical assistance provided using GAO report showing the old lobbying Sec. 206. Authorization of appropriations. law passed in the 1940s was largely ig- funds from a grant under paragraph (1) is Sec. 207. Critical drinking water infrastruc- made available in each State. ture projects. nored and rarely enforced was an im- ‘‘(3) CONSULTATION.—As a condition of re- portant impetus to passing the Lob- Sec. 208. Small system revolving loan funds. ceiving a grant under this subsection, a bying Disclosure Act in 1995. The bill Sec. 209. Study on lead contamination in qualified nonprofit technical assistance pro- requires the Comptroller General to re- drinking water. vider shall consult with each State in which Sec. 210. District of Columbia lead service grant funds are to be expended or otherwise port to Congress twice annually on the line replacement. state of the enforcement of the rules. made available before the grant funds are ex- TITLE III—MISCELLANEOUS These reports will help us determine if pended or made available in the State. further improvements in the laws are Sec. 301. Definitions. ‘‘(4) ANNUAL REPORT.—For each fiscal year, Sec. 302. Demonstration grant program for a qualified nonprofit technical assistance necessary. water quality enhancement and provider that receives a grant under this These measures are not crafted as a management. subsection shall submit to the Administrator knee-jerk response to the recent spate Sec. 303. Agricultural pollution control a report that— of troubling revelations about the rela- technology grant program. ‘‘(A) describes the activities of the quali- tionships between certain members of Sec. 304. State revolving fund review proc- fied nonprofit technical assistance provider Congress and the lobbying industry. In- ess. using grant funds received under this sub- stead, this bill addresses systemic Sec. 305. Cost of service study. section for the fiscal year; and problems with the rules governing lob- Sec. 306. Water resources study. ‘‘(B) specifies— ‘‘(i) the number of communities served; byists. It has been a decade since the TITLE I—WATER POLLUTION INFRASTRUCTURE ‘‘(ii) the sizes of those communities; and Lobbying Disclosure Act and new gift ‘‘(iii) the type of financing provided by the rules were passed and we now know SEC. 101. TECHNICAL ASSISTANCE FOR RURAL AND SMALL TREATMENT WORKS. qualified nonprofit technical assistance pro- that some of these rules are no longer vider. (a) IN GENERAL.—Title II of the Federal sufficient to regulate a growing and ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— Water Pollution Control Act (33 U.S.C. 1281 There is authorized to be appropriated to evolving lobbying industry. It is now et seq.) is amended by adding at the end the time for us to act again. I urge my col- carry out this section $25,000,000 for each of following: fiscal years 2006 through 2010.’’. leagues to support this bill. ‘‘SEC. 222. TECHNICAL ASSISTANCE FOR RURAL (b) GUIDANCE FOR SMALL SYSTEMS.—Sec- I ask unanimous consent that the AND SMALL TREATMENT WORKS. tion 602 of the Federal Water Pollution Con- text of the bill and a section by section ‘‘(a) DEFINITION OF QUALIFIED NONPROFIT trol Act (33 U.S.C. 1382) is amended by adding analysis be printed in the RECORD. TECHNICAL ASSISTANCE PROVIDER.—In this at the end the following: section, the term ‘qualified nonprofit tech- ‘‘(c) GUIDANCE FOR SMALL SYSTEMS.— By Mr. CHAFEE (for himself, nical assistance provider’ means a qualified ‘‘(1) DEFINITION OF SMALL SYSTEM.—In this nonprofit technical assistance provider of subsection, the term ‘small system’ means a Mrs. CLINTON, Mr. INHOFE, and water and wastewater services to small rural system— Mr. JEFFORDS): communities that provide technical assist- ‘‘(A) for which a municipality or inter- S. 1400. A bill to amend the Federal ance to treatment works (including circuit municipal, interstate, or State agency seeks Water Pollution Control Act and the rider programs and training and preliminary assistance under this title; and Safe Drinking Water Act to improve engineering evaluations) that— ‘‘(B) that serves a population of 10,000 or water and wastewater infrastructure in ‘‘(1) serve not more than 10,000 users; and fewer households.

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‘‘(2) SIMPLIFIED PROCEDURES.—Not later advantaged community’ means the service ‘‘(i) the consolidation of management func- than 1 year after the date of enactment of area, or portion of a service area, of a treat- tions or ownership with another facility; or this subsection, the Administrator shall as- ment works that meets affordability criteria ‘‘(ii) the formation of cooperative partner- sist the States in establishing simplified pro- established after public review and comment ships. cedures for small systems to obtain assist- by the State in which the treatment works is ‘‘(B) TRADITIONAL WASTEWATER AP- ance under this title. located. PROACH.—The term ‘traditional wastewater ‘‘(3) PUBLICATION OF MANUAL.—Not later ‘‘(2) LOAN SUBSIDY.—Notwithstanding any approach’ means a managed system used to than 1 year after the date of enactment of other provision of this section, in a case in collect and treat wastewater from an entire this subsection, after providing notice and which the State makes a loan from the water service area consisting of— opportunity for public comment, the Admin- pollution control revolving loan fund in ac- ‘‘(i) collection sewers; istrator shall publish— cordance with subsection (c) to a disadvan- ‘‘(ii) a centralized treatment plant using ‘‘(A) a manual to assist small systems in taged community or a community that the biological, physical, or chemical treatment obtaining assistance under this title; and State expects to become a disadvantaged processes; and ‘‘(B) in the Federal Register, notice of the community as the result of a proposed ‘‘(iii) a direct point source discharge to availability of the manual.’’. project, the State may provide additional surface water. SEC. 102. PROJECTS ELIGIBLE FOR ASSISTANCE. subsidization, including— ‘‘(2) PRIORITY SYSTEM.—In providing finan- Section 603 of the Federal Water Pollution ‘‘(A) the forgiveness of the principal of the cial assistance from the water pollution con- Control Act (33 U.S.C. 1383) is amended by loan; and trol revolving fund of the State, the State striking subsection (c) and inserting the fol- ‘‘(B) an interest rate on the loan of zero shall— lowing: percent. ‘‘(A) give greater weight to an application ‘‘(c) PROJECTS ELIGIBLE FOR ASSISTANCE.— ‘‘(3) TOTAL AMOUNT OF SUBSIDIES.—For each for assistance by a treatment works if the Funds in each State water pollution control fiscal year, the total amount of loan sub- revolving fund shall be used only for— application includes such other information sidies made by the State pursuant to this as the State determines to be appropriate ‘‘(1) providing financial assistance to any subsection may not exceed 30 percent of the municipality or an intermunicipal, inter- and— amount of the capitalization grant received ‘‘(i) an inventory of assets, including a de- state, or State agency that principally treats by the State for the fiscal year. municipal wastewater or domestic sewage scription of the condition of those assets; ‘‘(4) EXTENDED TERM.—A State may provide ‘‘(ii) a schedule for replacement of the as- for construction (including planning, design, an extended term for a loan if the extended associated preconstruction, and activities re- sets; term— ‘‘(iii) a financing plan indicating sources of lating to the siting of a facility) of a treat- ‘‘(A) terminates not later than the date ment works (as defined in section 212); revenue from ratepayers, grants, bonds, that is 30 years after the date of completion ‘‘(2) implementation of a management pro- other loans, and other sources; of the project; and gram established under section 319; ‘‘(iv) a review of options for restructuring ‘‘(B) does not exceed the expected design ‘‘(3) development and implementation of a the treatment works; life of the project. conservation and management plan under ‘‘(v) a review of options for approaches ‘‘(5) INFORMATION.—The Administrator may section 320; other than a traditional wastewater ap- publish information to assist States in estab- ‘‘(4) providing financial assistance to a mu- proach that may include actions or projects lishing affordability criteria described in nicipality or an intermunicipal, interstate, that treat or minimize sewage or urban paragraph (1).’’. or State agency for projects to increase the stormwater discharges using— (b) CONFORMING AMENDMENT.—Section security of wastewater treatment works (ex- ‘‘(I) decentralized or distributed 221(d) of the Federal Water Pollution Control stormwater controls; cluding any expenditure for operations or Act (33 U.S.C. 1301(d)) is amended in the sec- maintenance); ‘‘(II) decentralized wastewater treatment; ond sentence by striking ‘‘603(h)’’ and insert- ‘‘(III) low impact development tech- ‘‘(5) providing financial assistance to a mu- ing ‘‘603(i)’’. nicipality or an intermunicipal, interstate, nologies; SEC. 105. TRANSFERABILITY OF FUNDS. ‘‘(IV) stream buffers; or State agency for measures to control mu- Section 603 of the Federal Water Pollution nicipal stormwater, the primary purpose of ‘‘(V) wetland restoration; or Control Act (33 U.S.C. 1383) (as amended by ‘‘(VI) actions to minimize the quantity of which is the preservation, protection, or en- section 104(a)(1)) is amended by adding at the and direct connections to impervious sur- hancement of water quality; end the following: faces; ‘‘(6) water conservation projects, the pri- ‘‘(j) TRANSFER OF FUNDS.— ‘‘(vi) demonstration of consistency with mary purpose of which is the protection, ‘‘(1) IN GENERAL.—The Governor of a State State, regional, and municipal watershed preservation, and enhancement of water may— plans; quality; or ‘‘(A)(i) reserve not more than 33 percent of ‘‘(vii) a review of options for urban water- ‘‘(7) reuse, reclamation, and recycling a capitalization grant made under this title; front development or brownfields revitaliza- projects, the primary purpose of which is the and tion to be completed in conjunction with the protection, preservation, and enhancement ‘‘(ii) add the funds reserved to any funds project; or of water quality.’’. provided to the State under section 1452 of ‘‘(viii) provides the applicant the flexi- SEC. 103. WATER POLLUTION CONTROL REVOLV- the Safe Drinking Water Act (42 U.S.C. 300j– bility through alternative means to carry ING LOAN FUNDS. 12); and out responsibilities under Federal regula- Section 603(d) of the Federal Water Pollu- ‘‘(B)(i) reserve for any year an amount that tions, that may include watershed permit- tion Control Act (33 U.S.C. 1383(d)) is amend- does not exceed the amount that may be re- ting and other innovative management ap- ed— served under subparagraph (A) for that year proaches, while achieving results that— (1) in paragraph (6), by striking ‘‘and’’ at from capitalization grants made under sec- ‘‘(I) the State, with the delegated author- the end; tion 1452 of that Act (42 U.S.C. 300j–12); and ity under section 402(a)(5), determines meet (2) in paragraph (7), by striking the period ‘‘(ii) add the reserved funds to any funds permit requirements for permits that have at the end and inserting ‘‘; and’’; and provided to the State under this title. been issued in accordance with the national (3) by adding at the end the following: ‘‘(2) STATE MATCH.—Funds reserved under pollution discharge elimination system ‘‘(8) to carry out a project under paragraph this subsection shall not be considered to be under section 402; or (2) or (3) of section 601(a), which may be— a State contribution for a capitalization ‘‘(II) the Administrator determines are ‘‘(A) operated by a municipal, intermunic- grant required under this title or section measurably superior when compared to regu- ipal, or interstate entity, State, public or 1452(b) of the Safe Drinking Water Act (42 latory standards; private utility, corporation, partnership, as- U.S.C. 300j–12(b)).’’. ‘‘(B) take into consideration appropriate sociation, or nonprofit agency; and SEC. 106. COSTS OF ADMINISTERING WATER POL- ‘‘(B) used to make loans that will be fully LUTION CONTROL REVOLVING LOAN chemical, physical, and biological data that amortized not later than 30 years after the FUNDS. the State considers reasonably available and date of the completion of the project.’’. Section 603(d)(7) of the Federal Water Pol- of sufficient quality; SEC. 104. AFFORDABILITY. lution Control Act (33 U.S.C. 1383(d)(7)) is ‘‘(C) provide for public notice and oppor- (a) IN GENERAL.—Section 603 of the Federal amended by striking ‘‘4 percent’’ and insert- tunity to comment on the establishment of Water Pollution Control Act (33 U.S.C. 1383) ing ‘‘6 percent’’. the system and the summary under subpara- is amended— SEC. 107. WATER POLLUTION CONTROL REVOLV- graph (D); (1) by redesignating subsections (e) ING LOAN FUNDS. ‘‘(D) publish not less than biennially in through (h) as subsections (f) through (i), re- Section 603 of the Federal Water Pollution summary form a description of projects in spectively; and Control Act (33 U.S.C. 1383) is amended by the State that are eligible for assistance (2) by inserting after subsection (d) the fol- striking subsection (h) (as redesignated by under this title that indicates— lowing: section 104) and inserting the following: ‘‘(i) the priority assigned to each project ‘‘(e) TYPES OF ASSISTANCE FOR DISADVAN- ‘‘(h) PRIORITY SYSTEM REQUIREMENT.— under the priority system of the State; and TAGED COMMUNITIES.— ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(ii) the funding schedule for each project, ‘‘(1) DEFINITION OF DISADVANTAGED COMMU- ‘‘(A) RESTRUCTURING.—The term ‘restruc- to that extent the information is available; NITY.—In this subsection, the term ‘dis- turing’ means— and

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8313 ‘‘(E) ensure that projects undertaken with of projects under this section, taking into covery for siting of the facility and related assistance under this title are designed to account cost and number of requests for each elements but not’’; and achieve, as determined by the State, the op- category listed in paragraph (3). (2) by inserting before the period at the end timum water quality management, con- (3) ELIGIBLE PROJECTS.—A project that is the following: ‘‘or to replace or rehabilitate sistent with the public health and water eligible to be carried out using funds pro- aging collection, treatment, storage (includ- quality goals and requirements of this title. vided under this section may include ing reservoirs), or distribution facilities of ‘‘(3) SAVINGS CLAUSE.—Nothing in para- projects that— public water systems or provide for capital graph (2)(A)(viii) affects the authority of the (A) are listed on the priority list of a State projects to upgrade the security of public Administrator under section 402(a)(5).’’. under section 216 of the Federal Water Pollu- water systems’’. SEC. 108. NONCOMPLIANCE. tion Control Act (33 U.S.C. 1296); SEC. 202. AFFORDABILITY. Section 603 of the Federal Water Pollution (B) mitigate wet weather flows, including Section 1452(d)(3) of the Safe Drinking Control Act (33 U.S.C. 1383) (as amended by combined sewer overflows, sanitary sewer Water Act (42 U.S.C. 300j–12(d)(3)) is amended section 105) is amended by adding at the end overflows, and stormwater discharges; in the first sentence by inserting ‘‘, or por- the following: (C) upgrade publicly owned treatment tion of a service area,’’ after ‘‘service area’’. ‘‘(k) NONCOMPLIANCE.— works with a permitted design capacity to SEC. 203. SAFE DRINKING WATER REVOLVING ‘‘(1) IN GENERAL.—Except as provided in treat an annual average of at least 500,000 LOAN FUNDS. paragraph (2), no assistance (other than as- gallons of wastewater per day, the upgrade of Section 1452(g) of the Safe Drinking Water sistance that is to be used by a treatment which would produce the greatest nutrient Act (42 U.S.C. 300j–12(g)) is amended— works solely for planning, design, or security load reductions at points of discharge, or re- (1) paragraph (2)— purposes) shall be provided under this title sult in the greatest environmental benefits, (A) in the first sentence, by striking ‘‘4’’ to a treatment works that has been in sig- with nutrient removal technologies that are and inserting ‘‘6’’; and nificant noncompliance with any require- designed to reduce total nitrogen in dis- (B) by striking ‘‘1419,’’ and all that follows ment of this Act for any of the 4 quarters in charged wastewater to an average annual through ‘‘1933.’’ and inserting ‘‘1419.’’; and the previous 8 quarters, unless the treatment concentration of 3 milligrams per liter; (2) by adding at the end the following: works is in compliance with, or has entered (D) implement locally based watershed ‘‘(5) TRANSFER OF FUNDS.— into, an enforceable administrative order to protection plans created by local nonprofit ‘‘(A) IN GENERAL.—The Governor of a State effect compliance with the requirement. organizations that— may— ‘‘(2) EXCEPTION.—A treatment works that (i) provide a coordinating framework for ‘‘(i)(I) reserve not more than 33 percent of is determined under paragraph (1) to be in management that focuses public and private a capitalization grant made under this sec- significant noncompliance with a require- efforts to address the highest priority water- tion; and ment described in that paragraph may re- related problems within a geographic area, ‘‘(II) add the funds reserved to any funds ceive assistance under this title if the Ad- considering both ground and surface water provided to the State under section 601 of the ministrator and the State providing the as- flow; and Federal Water Pollution Control Act (33 sistance determine that— (ii) includes representatives from both U.S.C. 1381); and ‘‘(A) the entity conducting the enforce- point source and nonpoint source contribu- ‘‘(ii)(I) reserve for any fiscal year an ment action on which the determination of tors; amount that does not exceed the amount significant noncompliance is based has de- (E) are contained in a State plan developed that may be reserved under clause (i)(I) for termined that the use of assistance would in accordance with section 319 or 320 of the that year from capitalization grants made enable the treatment works to take correc- Federal Water Pollution Control Act (33 under section 601 of that Act (33 U.S.C. 1381); tive action toward resolving the violations; U.S.C. 1329, 1330); or and or (F) include means to develop alternative ‘‘(II) add the reserved funds to any funds ‘‘(B) the entity conducting the enforce- water supplies. provided to the State under this section. ment action on which the determination of (c) LOCAL PARTICIPATION.—In prioritizing ‘‘(B) STATE MATCH.—Funds reserved under significant noncompliance is based has de- projects for implementation under this sec- this paragraph shall not be considered to be termined that the assistance would be used tion, the Administrator shall consult with, a State match of a capitalization grant re- on a portion of the treatment works that is and consider the priorities of— quired under this section or section 602(b) of not directly related to the cause of finding (1) affected State and local governments; the Federal Water Pollution Control Act (33 significant noncompliance.’’. and U.S.C. 1382(b)).’’. SEC. 109. AUTHORIZATION OF APPROPRIATIONS. (2) public and private entities that are ac- SEC. 204. OTHER AUTHORIZED ACTIVITIES. The Federal Water Pollution Control Act tive in watershed planning and restoration. Section 1452(k)(2)(D) of the Safe Drinking is amended by striking section 607 (33 U.S.C. (d) COST SHARING.—Before carrying out Water Act (42 U.S.C. 300j–12(k)(2)(D)) is 1387) and inserting the following: any project under this section, the Adminis- amended by inserting before the period at trator shall enter into a binding agreement ‘‘SEC. 607. AUTHORIZATION OF APPROPRIATIONS. the end the following: ‘‘(including implemen- with 1 or more non-Federal interests that ‘‘(a) IN GENERAL.—There are authorized to tation of source water protection plans)’’. shall require the non-Federal interests— be appropriated to carry out this title— SEC. 205. PRIORITY SYSTEM REQUIREMENTS. (1) to pay 45 percent of the total costs of ‘‘(1) $3,200,000,000 for each of fiscal years Section 1452(b)(3) of the Safe Drinking the project, which may include services, ma- 2006 and 2007; Water Act (42 U.S.C. 300j–12(b)(3)) is amend- terials, supplies, or other in-kind contribu- ‘‘(2) $3,600,000,000 for fiscal year 2008; ed— tions; ‘‘(3) $4,000,000,000 for fiscal year 2009; and (1) by redesignating subparagraph (B) as (2) to provide any land, easements, rights- ‘‘(4) $6,000,000,000 for fiscal year 2010. subparagraph (D); of-way, and relocations necessary to carry ‘‘(b) AVAILABILITY.—Amounts made avail- (2) by striking subparagraph (A) and in- out the project; and able under this section shall remain avail- serting the following: (3) to pay 100 percent of any operation, able until expended. ‘‘(A) DEFINITION OF RESTRUCTURING.—In maintenance, repair, replacement, and reha- ‘‘(c) RESERVATION FOR NEEDS SURVEYS.—Of this paragraph, the term ‘restructuring’ the amount made available under subsection bilitation costs associated with the project. means changes in operations (including own- (e) WAIVER.—The Administrator may waive (a) to carry out this title for a fiscal year, ership, accounting, rates, maintenance, con- the requirement to pay the non-Federal the Administrator may reserve not more solidation, and alternative water supply). share of the cost of carrying out an eligible than $1,000,000 per year to pay the costs of ‘‘(B) PRIORITY SYSTEM.—An intended use activity using funds from a grant provided conducting needs surveys under section plan shall provide, to the maximum extent under this section if the Administrator de- 516(2).’’. practicable, that priority for the use of funds termines that an eligible entity is unable to be given to projects that— SEC. 110. CRITICAL WATER INFRASTRUCTURE pay, or would experience significant finan- PROJECTS. ‘‘(i) address the most serious risk to cial hardship if required to pay, the non-Fed- (a) ESTABLISHMENT.—Not later than 180 human health; eral share. days after the date of enactment of this Act, ‘‘(ii) are necessary to ensure compliance (f) AUTHORIZATION OF APPROPRIATIONS.— the Administrator shall establish a program with this title (including requirements for There is authorized to be appropriated to under which grants are provided to eligible filtration); and carry out this section $300,000,000 for each of entities for use in carrying out projects and ‘‘(iii) assist systems most in need on a per- fiscal years 2006 through 2010. activities the primary purpose of which is household basis according to State afford- watershed restoration through the protec- TITLE II—SAFE DRINKING WATER ability criteria. tion or improvement of water quality. INFRASTRUCTURE ‘‘(C) WEIGHT GIVEN TO APPLICATIONS.—After (b) PROJECT SELECTION.— SEC. 201. PRECONSTRUCTION WORK. determining project priorities under sub- (1) IN GENERAL.—The Administrator may Section 1452(a)(2) of the Safe Drinking paragraph (B), an intended use plan shall fur- provide funds under this section to an eligi- Water Act (42 U.S.C. 300j–12(a)(2)) is amended ther provide that the State shall give greater ble entity to carry out an eligible project de- in the second sentence— weight to an application for assistance by a scribed in paragraph (2). (1) by striking ‘‘(not’’ and inserting ‘‘(in- community water system if the application (2) EQUITABLE DISTRIBUTION.—The Adminis- cluding expenditures for planning, design, includes such other information as the State trator shall ensure an equitable distribution and associated preconstruction and for re- determines to be necessary and—

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‘‘(i) an inventory of assets, including a de- (e) LOCAL PARTICIPATION.—In prioritizing ‘‘(III) the type of financing provided by the scription of the condition of the assets; projects for implementation under this sec- qualified private, nonprofit entity. ‘‘(ii) a schedule for replacement of assets; tion, the Administrator shall consult with, ‘‘(F) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iii) a financing plan indicating sources of and consider the priorities of, affected There is authorized to be appropriated to revenue from ratepayers, grants, bonds, States, Tribes, and local governments. carry out this subsection $25,000,000 for each other loans, and other sources; (f) COST SHARING.—Before carrying out any of fiscal years 2006 through 2010.’’. ‘‘(iv) a review of options for restructuring project under this section, the Administrator SEC. 209. STUDY ON LEAD CONTAMINATION IN the public water system; shall enter into a binding agreement with 1 DRINKING WATER. ‘‘(v) demonstration of consistency with or more non-Federal interests that shall re- (a) IN GENERAL.—As soon as practicable State, regional, and municipal watershed quire the non-Federal interests— after the date of enactment of this Act, the plans; or (1) to pay 45 percent of the total costs of Administrator of the Environmental Protec- ‘‘(vi) a review of options for urban water- the project, which may include services, ma- tion Agency shall enter into a cooperative front development or brownfields revitaliza- terials, supplies, or other in-kind contribu- agreement with the National Academy of tion to be completed in conjunction with the tions; Sciences to carry out a study to analyze ex- project;’’; and (2) to provide any land, easements, rights- isting market conditions for plumbing com- (3) in subparagraph (D) (as redesignated by of-way, and relocations necessary to carry ponents, including pipes, faucets, water me- paragraph (1)), by striking ‘‘periodically’’ out the project; and ters, valves, household valves, and any other and inserting ‘‘at least biennially’’. (3) to pay 100 percent of any operation, plumbing components that come into con- SEC. 206. AUTHORIZATION OF APPROPRIATIONS. maintenance, repair, replacement, and reha- tact with water commonly used for human Section 1452 of the Safe Drinking Water bilitation costs associated with the project. consumption. (b) COMPONENTS.—In conducting the study Act (42 U.S.C. 300j–12) is amended by striking (g) WAIVER.—The Administrator may under subsection (a), the National Academy subsection (m) and inserting the following: waive the requirement to pay the non-Fed- of Sciences shall evaluate for each category ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— eral share of the cost of carrying out an eli- of plumbing components described in sub- ‘‘(1) IN GENERAL.—There are authorized to gible activity using funds from a grant pro- section (a)— be appropriated to carry out this section— vided under this section if the Administrator (1) the availability of plumbing compo- ‘‘(A) $1,500,000,000 for fiscal year 2006; determines that an eligible entity is unable nents in each category with lead content ‘‘(B) $2,000,000,000 for each of fiscal years to pay, or would experience significant fi- below 8 percent, including those between 0 2007 and 2008; nancial hardship if required to pay, the non- percent and 4 percent and those between 4 ‘‘(C) $3,500,000,000 for fiscal year 2009; and Federal share. percent and 8 percent; ‘‘(D) $6,000,000,000 for fiscal year 2010. (h) AUTHORIZATION OF APPROPRIATIONS.— (2) the relative market share of the plumb- ‘‘(2) AVAILABILITY.—Amounts made avail- There is authorized to be appropriated to ing components; able under this subsection shall remain carry out this section $300,000,000 for each of (3) the relative cost of the plumbing com- available until expended. fiscal years 2006 through 2010. ponents; ‘‘(3) RESERVATION FOR NEEDS SURVEYS.—Of SEC. 208. SMALL SYSTEM REVOLVING LOAN (4) the issues surrounding transition from the amount made available under paragraph FUNDS. current market to plumbing components (1) to carry out this section for a fiscal year, Section 1442(e) of the Safe Drinking Water with not more than 0.2 percent lead; the Administrator may reserve not more Act (42 U.S.C. 300j091(e)) is amended— (5) the feasibility of manufacturing plumb- than $1,000,000 per year to pay the costs of (1) in the first sentence, by striking ‘‘The ing components with lead levels below 8 per- conducting needs surveys under subsection Administrator may provide’’ and inserting cent; and (h).’’. the following: (6) the use of lead alternatives in plumbing SEC. 207. CRITICAL DRINKING WATER INFRA- ‘‘(1) IN GENERAL.—The Administrator may components with lead levels below 8 percent. STRUCTURE PROJECTS. provide’’; and (c) REPORT.—Not late than 1 year after the (a) ESTABLISHMENT.—Not later than 180 (2) by adding at the end the following: date of enactment of this Act, the National days after the date of enactment of this Act, ‘‘(2) SMALL SYSTEM REVOLVING LOAN Academy of Sciences shall submit to the the Administrator of the Environmental FUND.— Committee on Environment and Public Protection Agency shall establish a program ‘‘(A) IN GENERAL.—In addition to amounts Works of the Senate and the Committee on under which grants are provided to eligible provided under this section, the Adminis- Energy and Commerce of the House of Rep- entities for use in carrying out projects and trator may provide grants to qualified pri- resentatives a report describing the findings activities the primary purpose of which is to vate, nonprofit entities to capitalize revolv- of the study under this section. assist community water systems in meeting ing funds to provide financing to eligible en- (d) AUTHORIZATION OF APPROPRIATIONS.— the requirements of the Safe Drinking Water tities described in subparagraph (B) for— There is authorized to be appropriated to Act (42 U.S.C. 300f et seq.). ‘‘(i) predevelopment costs (including costs carry out this section $500,000. (b) PROJECT SELECTION.—A project that is for planning, design, associated SEC. 210. DISTRICT OF COLUMBIA LEAD SERVICE eligible to be carried out using funds pro- preconstruction, and necessary activities for LINE REPLACEMENT. vided under this section may include siting the facility and related elements) as- (a) AUTHORIZATION OF APPROPRIATIONS.— projects that— sociated with proposed water projects or There is authorized to be appropriated to (1) develop alternative water sources; with existing water systems; and carry out lead service line replacement in (2) provide assistance to small systems; or ‘‘(ii) short-term costs incurred for replace- the District of Columbia $30,000,000 for each (3) assist a community water system— ment equipment, small-scale extension serv- of fiscal years 2007 through 2011. (A) to comply with a national primary ices, or other small capital projects that are (b) LEAD SERVICE LINE REPLACEMENT AS- drinking water regulation; or not part of the regular operations and main- SISTANCE FUND.— (B) to mitigate groundwater contamina- tenance activities of existing water systems. (1) IN GENERAL.—Of the funds provided tion. ‘‘(B) ELIGIBLE ENTITIES.—To be eligible for under subsection (a), not more than $2,000,000 (c) ELIGIBLE ENTITIES.—An entity eligible assistance under this paragraph, an entity per year may be allocated for water service to receive a grant under this section is— shall be a small water system (as described line replacement grants to provide assist- (1) a community water system as defined in section 1412(b)(4)(E)(ii)). ance to low-income residents to replace the in section 1401 of the Safe Drinking Water ‘‘(C) MAXIMUM AMOUNT OF LOANS.—The privately-owned portion of lead service lines. Act (42 U.S.C. 300f); or amount of financing made to an eligible en- (2) LIMITATION.—Individual grants shall be (2) a system that is located in an area gov- tity under this paragraph shall not exceed— limited to not more than $5,000. erned by an Indian Tribe, as defined in sec- ‘‘(i) $100,000 for costs described in subpara- (3) DEFINITION OF LOW INCOME.—For the tion 1401 of the Safe Drinking Water Act (42 graph (A)(i); and purpose of this subsection, the term ‘‘low-in- U.S.C. 300f); ‘‘(ii) $100,000 for costs described in subpara- come’’ shall be defined by the District of Co- (d) PRIORITY.—In prioritizing projects for graph (A)(ii). lumbia. implementation under this section, the Ad- ‘‘(D) TERM.—The term of a loan made to an TITLE III—MISCELLANEOUS ministrator shall give priority to community eligible entity under this paragraph shall not SEC. 301. DEFINITIONS. water systems that— exceed 10 years. In this title: (1) serve a community that, under afford- ‘‘(E) ANNUAL REPORT.—For each fiscal (1) ADMINISTRATOR.—The term ‘‘Adminis- ability criteria established by the State year, a qualified private, nonprofit entity trator’’ means the Administrator of the En- under section 1452(d)(3) of the Safe Drinking that receives a grant under subparagraph (A) vironmental Protection Agency. Water Act (42 U.S.C. 300j-12), is determined shall submit to the Administrator a report (2) SECRETARY.—The term ‘‘Secretary’’ by the State to be— that— means the Secretary of the Interior, acting (A) a disadvantaged community; or ‘‘(i) describes the activities of the qualified through the Director of the United States (B) a community that may become a dis- private, nonprofit entity under this para- Geological Survey. advantaged community as a result of car- graph for the fiscal year; and SEC. 302. DEMONSTRATION GRANT PROGRAM rying out an eligible activity; or ‘‘(ii) specifies— FOR WATER QUALITY ENHANCE- (2) serve a community with a population of ‘‘(I) the number of communities served; MENT AND MANAGEMENT. less than 10,000 households. ‘‘(II) the sizes of those communities; and (a) ESTABLISHMENT.—

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(1) IN GENERAL.—As soon as practicable (B) give higher priority to projects that— (v) assessment; after the date of enactment of this Act, the (i) address multiple problems; and (vi) water efficiency; and Administrator shall establish a nationwide (ii) are regionally applicable; (vii) wastewater security; demonstration grant program to— (C) ensure, to the maximum extent prac- (D) to increase the effectiveness and effi- (A) promote innovations in technology and ticable, that at least 1 community having a ciency of municipal separate storm sewer alternative approaches to water quality population of 10,000 or fewer individuals re- systems; management or water supply; or ceives a grant for each fiscal year; and (E) to promote new water treatment tech- (B) reduce costs to municipalities incurred (D) ensure that, for each fiscal year, no nologies, including commercialization and in complying with— municipality receives more than 25 percent dissemination strategies for adoption of in- (i) the Federal Water Pollution Control of the total amount of funds made available novative or alternative low impact develop- Act (33 U.S.C. 1251 et seq.); and for the fiscal year to provide grants under ment technologies in the homebuilding in- (ii) the Safe Drinking Water Act (42 U.S.C. this section. dustry; or 300f et seq.). (4) COST SHARING.— (F) to maintain a clearinghouse of tech- (2) SCOPE.—The demonstration grant pro- (A) IN GENERAL.—Except as provided in nologies developed under this subsection and gram shall consist of 10 projects each year, subparagraph (B), the non-Federal share of subsection (a) at a research consortium or to be carried out in municipalities selected the total cost of a project funded by a grant institute. by the Administrator under subsection (b). under this section shall be not less than 20 (3) AUTHORIZATION OF APPROPRIATIONS.— (b) SELECTION OF MUNICIPALITIES.— percent. There is authorized to be appropriated to (1) APPLICATION.—A municipality that (B) WAIVER.—The Administrator may re- carry out this subsection $20,000,000 for each seeks to participate in the demonstration duce or eliminate the non-Federal share of of fiscal years 2006 through 2010. grant program shall submit to the Adminis- the cost of a project for reasons of afford- (f) AUTHORIZATION OF APPROPRIATIONS.— trator a plan that— ability. There is authorized to be appropriated to (A) is developed in coordination with— (c) REPORTS.— carry out this section (other than subsection (i) the agency of the State having jurisdic- (1) REPORTS FROM GRANT RECIPIENTS.—A re- (e)) $20,000,000 for each of fiscal years 2006 tion over water quality or water supply mat- cipient of a grant under this section shall through 2010. ters; and submit to the Administrator, on the date of (ii) interested stakeholders; completion of a project of the recipient and SEC. 303. AGRICULTURAL POLLUTION CONTROL TECHNOLOGY GRANT PROGRAM. (B) describes water impacts specific to on each of the dates that is 1, 2, and 3 years urban or rural areas; after that date, a report that describes the (a) DEFINITIONS.—In this section: (C) includes a strategy under which the effectiveness of the project. (1) ADMINISTRATOR.—The term ‘‘Adminis- trator’’ means the Administrator of the En- municipality, through participation in the (2) REPORTS TO CONGRESS.—Not later than 2 demonstration grant program, could effec- years after the date of enactment of this vironmental Protection Agency. tively— Act, and every 2 years thereafter, the Ad- (2) AGRICULTURAL COMMODITY.—The term (i) address water quality or water supply ministrator shall submit to the Committee ‘‘agricultural commodity’’ means— problems; and on Environment and Public Works of the (A) agricultural, horticultural, (ii) achieve the water quality goals that— Senate and the Committee on Transpor- viticultural, and dairy products; (I) could be achieved using more tradi- tation and Infrastructure and the Committee (B) livestock and the products of livestock; tional methods; and on Energy and Commerce of the House of (C) the products of poultry and bee raising; (II) are required under— Representatives a report that describes the (D) the products of forestry; (aa) the Federal Water Pollution Control status and results of the demonstration pro- (E) other commodities raised or produced Act (33 U.S.C. 1251 et seq.); or gram. on agricultural sites, as determined to be ap- (bb) the Safe Drinking Water Act (42 U.S.C. (d) INCORPORATION OF RESULTS AND INFOR- propriate by the Secretary; and 300f et seq.); and MATION.—To the maximum extent prac- (F) products processed or manufactured (D) includes a schedule for achieving the ticable, the Administrator shall incorporate from products specified in subparagraphs (A) water quality or water supply goals of the the results of, and information obtained through (E), as determined by the Secretary. municipality. from, successful projects under this section (3) AGRICULTURAL PROJECT.—The term ‘‘ag- (2) TYPES OF PROJECTS.—In carrying out into programs administered by the Adminis- ricultural project’’ means an agricultural the demonstration grant program, the Ad- trator. pollution control technology project that, as ministrator shall provide grants for projects (e) RESEARCH AND DEVELOPMENT.— determined by the Administrator— relating to water supply or water quality (1) IN GENERAL.—As soon as practicable (A) is carried out at an agricultural site; matters such as— after the date of enactment of this Act, the and (A) excessive nutrient growth; Administrator shall, through a competitive (B) achieves demonstrable reductions in (B) urban or rural population pressure; process, award grants and enter into con- air and water pollution. (C) lack of an alternative water supply; tracts and cooperative agreements with re- (4) AGRICULTURAL SITE.—The term ‘‘agri- (D) difficulties in water conservation and search institutions, educational institutions, cultural site’’ means a farming or ranching efficiency; and other appropriate entities (including operation of a producer. (E) lack of support tools and technologies consortia of such institutions and entities) (5) PRODUCER.—The term ‘‘producer’’ to rehabilitate and replace water supplies; for research and development on the use of means any person who is engaged in the pro- (F) lack of monitoring and data analysis innovative and alternative technologies to duction and sale of an agricultural com- for water distribution systems; improve water quality or drinking water modity in the United States and who owns, (G) nonpoint source water pollution (in- supply. or shares the ownership and risk of loss of, cluding stormwater); (2) TYPES OF PROJECTS.—In carrying out the agricultural commodity. (H) sanitary overflows; this subsection, the Administrator may se- (6) REVOLVING FUND.—The term ‘‘revolving (I) combined sewer overflows; lect projects relating to such matters as in- fund’’ means an agricultural pollution con- (J) problems with naturally occurring con- novative or alternative technologies, ap- trol technology State revolving fund estab- stituents of concern; proaches, practices, or methods— lished by a State using amounts provided (K) problems with erosion and excess sedi- (A) to increase the effectiveness and effi- under subsection (b)(1). ment; ciency of public water supply systems, in- (7) SECRETARY.—The term ‘‘Secretary’’ (L) new approaches to water treatment, cluding— means the Secretary of Agriculture. distribution, and collection systems; and (i) source water protection; (b) GRANTS FOR AGRICULTURAL STATE RE- (M) new methods for collecting and treat- (ii) water use reduction; VOLVING FUNDS.— ing wastewater (including system design and (iii) water reuse; (1) IN GENERAL.—As soon as practicable nonstructural alternatives). (iv) water treatment; after the date of enactment of this section, (3) RESPONSIBILITIES OF ADMINISTRATOR.—In (v) water distribution and collection sys- the Administrator shall provide to each eli- providing grants for projects under this sub- tems; and gible State described in paragraph (2) 1 or section, the Administrator shall— (vi) water security; more capitalization grants, that cumula- (A) ensure, to the maximum extent prac- (B) to encourage the use of innovative or tively equal no more than $1,000,000 per ticable, that— alternative technologies or approaches relat- State, for use in establishing, within an (i) the demonstration program includes a ing to water supply or availability; agency of the State having jurisdiction over variety of projects with respect to— (C) to increase the effectiveness and effi- agriculture or environmental quality, an ag- (I) geographic distribution; ciency of new and existing treatment works, ricultural pollution control technology (II) innovative technologies used for the including— State revolving fund. projects; and (i) methods of collecting, treating, dis- (2) ELIGIBLE STATES.—An eligible State re- (III) nontraditional approaches (including persing, reusing, reclaiming, and recycling ferred to in paragraph (1) is a State that low-impact development technologies) used wastewater; agrees, prior to receipt of a capitalization for the projects; and (ii) system design; grant under paragraph (1)— (ii) each category of project described in (iii) nonstructural alternatives; (A) to establish, and deposit the funds from paragraph (2) is adequately represented; (iv) decentralized approaches; the grant in, a revolving fund;

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(B) to provide, at a minimum, a State SEC. 305. COST OF SERVICE STUDY. (d) USE OF RESULTS OF STUDY.—On receipt share in an amount equal to 20 percent of the of the results of the study, the Adminis- (a) IN GENERAL.—Not later than 2 years capitalization grant; after the date of enactment of this Act, the trator shall— (C) to use amounts in the revolving fund to Administrator shall enter into a contract (1) submit to Congress a report that de- make loans to producers in accordance with with the National Academy of Sciences for, scribes the results of the study; and subsection (c); and (2) make the results available to treatment and the National Academy of Sciences shall (D) to return amounts in the revolving works and public water systems for use by complete and provide to the Administrator fund if no loan applications are granted the publicly owned treatment works and the results of, a study of the means by which within 2 years of the receipt of the initial public water systems, on a voluntary basis, public water systems and treatment works capitalization grant. in determining whether 1 or more new ap- selected by the Academy in accordance with proaches may be implemented at facilities of (c) LOANS TO PRODUCERS.— subsection (c) meet the costs associated with the publicly owned treatment works and (1) USE OF FUNDS.—A State that establishes operations, maintenance, capital replace- public water systems. a revolving fund under subsection (b)(2) shall ment, and regulatory requirements. use amounts in the revolving fund to provide (e) AUTHORIZATION OF APPROPRIATIONS.— loans to producers for use in designing and (b) REQUIRED ELEMENTS.— There is authorized to be appropriated to constructing agricultural projects. (1) AFFORDABILITY.—The study shall, at a carry out this section $1,000,000 for each of (2) MAXIMUM AMOUNT OF LOAN.—The minimum— fiscal years 2006 and 2007. amount of a loan made to a producer using (A) determine whether the rates at public SEC. 306. WATER RESOURCES STUDY. water systems and treatment works for com- funds from a revolving fund shall not exceed (a) ASSESSMENT.— munities included in the study were estab- $250,000, in the aggregate, for all agricultural (1) IN GENERAL .—The Secretary shall— projects serving an agricultural site of the lished using a full-cost pricing model; (A) not later than 2 years after the date of producer. (B) if a full-cost pricing model was not enactment of this Act, conduct an assess- (3) CONDITIONS ON LOANS.—A loan made to a used, identify any incentive rate systems ment of water resources in the United producer using funds from a revolving fund that have been successful in significantly re- States; and shall— ducing— (B) update the assessment every 2 years (A) have an interest rate that is not more (i) per capita water demand; thereafter. (ii) the volume of wastewater flows; than the market interest rate, including an (2) COMPONENTS.—The assessment shall, at interest-free loan; and (iii) the volume of stormwater runoff; or a minimum— (B) be repaid to the revolving fund not (iv) the quantity of pollution generated by (A) measure the status and trends of— later than 10 years after the date on which stormwater; (i) fresh water in rivers and reservoirs; the loan is made. (C) identify a set of best industry practices (ii) groundwater levels and volume of use- (d) REQUIREMENTS FOR PRODUCERS.— that public water systems and treatment able fresh water stored in aquifers; and (1) IN GENERAL.—A producer that seeks to works may use in establishing a rate struc- (iii) fresh water withdrawn from streams receive a loan from a revolving fund shall— ture that— and aquifers in the United States; and (A) submit to the State in which the agri- (i) adequately addresses the true cost of (B) provide those measurements for— cultural site of the producer is located an ap- services provided to consumers by public (i) watersheds defined by the 352 hydrologic plication that— water systems and treatment works, includ- accounting units of the United States; and (i) contains such information as the State ing infrastructure replacement; (ii) major aquifers of the United States, as may require; and (ii) encourages water conservation; and identified by the Secretary. (iii) takes into consideration the needs of (ii) demonstrates, to the satisfaction of the (3) REPORT.—Not later than 1 year after State, that each project proposed to be car- disadvantaged individuals and communities, the date of completion of the assessment and ried out with funds from the loan is an agri- as identified by the Administrator; every 2 years thereafter, the Secretary shall cultural project; and (D) identify existing standards for afford- submit to Congress a report— (B) agree to expend all funds from a loan in ability; (A) describing the results of the assess- an expeditious and timely manner, as deter- (E) determine the manner in which those ment; and mined by the State. standards are determined and defined; (B) containing any recommendations of the (2) MAXIMUM PERCENTAGE OF AGRICULTURAL (F) determine the manner in which afford- Secretary relating to the assessment that— PROJECT COST.—Subject to subsection (c)(2), a ability varies with respect to communities of (i) are consistent with existing laws, trea- producer that receives a loan from a revolv- different sizes and in different regions; and ties, decrees, and interstate compacts; and ing fund may use funds from the loan to pay (G) determine the extent to which afford- (ii) respect the primary role of States in up to 100 percent of the cost of carrying out ability affects the decision of a community adjudicating, administering, and regulating an agricultural project. to increase public water system and treat- water rights and uses. ment works rates (including the decision re- (e) AUTHORIZATION OF APPROPRIATIONS.— (b) WATER RESOURCE RESEARCH PRIOR- lating to the percentage by which those There is authorized to be appropriated to ITIES.— rates should be increased). carry out this section $50,000,000. (1) IN GENERAL.—The Secretary shall co- (2) DISADVANTAGED COMMUNITIES.—The SEC. 304. STATE REVOLVING FUND REVIEW ordinate a process among Federal agencies PROCESS. study shall, at a minimum— and appropriate State agencies to develop As soon as practicable after the date of en- (A) survey a cross-section of States rep- and publish, not later than 1 year after the actment of this Act, the Administrator resenting different sizes, demographics, and date of enactment of this Act, a list of water shall— geographical regions; resource research priorities that focuses on— (1) consult with States, utilities, and other (B) describe, for each State described in (A) water supply monitoring; Federal agencies providing financial assist- subparagraph (A), the definition of ‘‘dis- (B) means of capturing excess water and ance to identify ways to expedite and im- advantaged community’’ used in the State in flood water for conservation and use in the prove the application and review process for carrying out projects and activities under event of a drought; the provision of assistance from— the Safe Drinking Water Act (42 U.S.C. 300f (C) strategies to conserve existing water (A) the State water pollution control re- et seq.); supplies, including recommendations for re- volving funds established under title VI of (C) review other means of identifying the pairing aging infrastructure; the Federal Water Pollution Control Act (33 meaning of the term ‘‘disadvantaged’’, as (D) identifying incentives to ensure an ade- U.S.C. 1381 et seq.); and that term applies to communities; quate and dependable supply of water; (B) the State drinking water treatment re- (D) determine which factors and character- (E) identifying available technologies and volving loan funds established under section istics are required for a community to be other methods to optimize water supply reli- 1452 of the Safe Drinking Water Act (42 considered ‘‘disadvantaged’’; and ability, availability, and quality, while safe- U.S.C. 300–12); (E) evaluate the degree to which factors guarding the environment; and (2) take such administrative action as is such as a reduction in the tax base over a pe- (F) improving the quality of water re- necessary to expedite and improve the proc- riod of time, a reduction in population, the source information available to State, tribal, ess as the Administrator has authority to loss of an industrial base, and the existence and local water resource managers. of areas of concentrated poverty are taken take under existing law; (2) USE OF LIST.—The list published under (3) collect information relating to innova- into account in determining whether a com- paragraph (1) shall be used by Federal agen- tive approaches taken by any State to sim- munity is a disadvantaged community. cies as a guide in making decisions on the al- plify the application process of the State, (c) SELECTION OF COMMUNITIES.—The Na- location of water research funding. and provide the information to each State; tional Academy of Sciences shall select com- (c) INFORMATION DELIVERY SYSTEM.— and munities, the public water system and treat- (1) IN GENERAL.—The Secretary shall co- (4) submit to Congress a report that, based ment works rate structures of which are to ordinate a process to develop an effective in- on the information identified under para- be studied under this section, that include a formation delivery system to communicate graph (1), contains recommendations for leg- cross-section of communities representing information described in paragraph (2) to— islation to facilitate further streamlining various populations, income levels, demo- (A) decisionmakers at the Federal, re- and improvement of the process. graphics, and geographical regions. gional, State, tribal, and local levels;

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8317 (B) the private sector; and country have signed a pledge of support date, disqualify, the employer’s entire (C) the general public. and have gone above and beyond the re- retirement plan which could make all (2) TYPES OF INFORMATION.—The informa- quirements of the law in support of amounts immediately taxable to plan tion referred to in paragraph (1) may in- their National Guard and Reserve em- participants and the employer. clude— The Uniformed Services Differential (A) the results of the national water re- ployees. This includes many of our Na- source assessments under subsection (a); tion’s largest and most reputable cor- Pay Protection Act that I am intro- (B) a summary of the Federal water re- porations, including 3M, McDonalds, ducing today clarifies that differential search priorities developed under subsection Wal-Mart, Home Depot, Liberty Mu- wage payments are to be treated as (b); tual and many others. These commend- wages to current employees for income (C) near real-time data and other informa- able companies provide reservist em- tax purposes and that retirement plan tion on water shortages and surpluses; ployees who are on active duty with contributions are permissible. The bill (D) planning models for water shortages or ‘‘differential pay’’ that makes up the does the following: surpluses (at various levels including State, difference between their military sti- Differential wage payments would be river basin, and watershed levels); pend and civilian salary. treated as wages for income tax with- (E) streamlined procedures for States and holding purposes and reported on the localities to interact with and obtain assist- In New Hampshire, some of the most ance from Federal agencies that perform remarkable stories of corporate patri- worker’s W–2 form. This means that ac- water resource functions; and otism can be found. BAE Systems of tive duty personnel will not be hit with (F) other water resource materials, as the Nashua has 110 people serving in the end-of-the-year tax bills. Secretary determine appropriate. Guard and Reserves, 11 of whom are No New Taxes: The legislation does (d) REPORT TO CONGRESS.—Not later than 2 currently deployed overseas. They pro- not change present law, and deferential years after the date of enactment of this vide differential pay to all their called- wage payments will not be subject to Act, and every 2 years thereafter through fis- up employees and continuing access to Social Security and unemployment cal year 2009, the Secretary shall submit to compensation taxes. Congress a report on the implementation of benefits to family members. The com- pany even provides a stipend to make Definition: ‘‘Differential wage pay- this section. ments’’ are defined to mean any pay- (e) SAVINGS CLAUSE.—Nothing in this sec- up the lost pay of active duty spouses tion— of company employees when the ment which: 1. is made by an employer (1) modifies, supercedes, abrogates, im- spouse’s employer is not able to pro- to an individual while he or she is on pairs, or otherwise affects in any way— vide differential pay. active duty for a period of more than 30 (A) any right or jurisdiction of any State Consider also the account of Mr. Mar- days, and 2. represents all or a portion with respect to the water (including bound- of the wages the individual would have ary water) of the State; ian Noronha, Chairman and Founder of Turbocam, a manufacturer based in received from the employer if he or she (B) the authority of any State to allocate were performing service for the em- quantities of water within areas under the Dover, New Hampshire. An immigrant from India, Mr. Noronha has not only ployer. jurisdiction of the State; or An individual receiving differential (C) any right or claim to any quantity or provided his employees with differen- wage payments would continue to be use of water that has been adjudicated, allo- tial pay and continued family health treated as an employee for purposes of cated, or claimed— benefits, but has also extended to each the rules applicable to qualified retire- (i) in accordance with State law; of his activated employees a $10,000 line (ii) in accordance with subsections (a) ment plans, removing the threat that of credit. His active duty reservist and through (c) of section 208 of the Department contributions on his or her behalf Guard employees have used this money of Justice Appropriation Act, 1953 (43 U.S.C. would invalidate the employer’s entire to, among other things, purchase per- 666); plan. (iii) by or pursuant to an interstate com- sonal computers so their families can Distributions Protected: Clarifying pact; or communicate with them while they are language is included to ensure that in- (iv) by a decision of the United States Su- overseas. Several other New Hampshire preme Court; dividuals would continue to be per- private-sector companies, including mitted to take distributions from their (2) requires a change in the nature of use Hitchiner Manufacturing Company in or the transfer of any right to use water or accounts when they leave their jobs for Milford, have exemplary records when creates a limitation on the exercise of any active duty. Thus, the right to receive right to use water; or it comes to dealing with reservist em- distributions will be preserved even (3) requires modifying the delivery, diver- ployees. though individuals are treated as cur- Under current law, employers of re- sion, non-diversion, allocation, storage, or rent employees for contribution pur- release from storage of any water to be deliv- servists and guardsmen called up for poses. The bill includes a prohibition ered by contract. active duty are required to treat them on making elective deferrals or em- (f) AUTHORIZATION OF APPROPRIATIONS.— as if they are on a leave of absence ployee contributions for six months There are authorized to be appropriated— under the Uniformed Services Employ- after receiving a distribution. (1) to carry out the report authorized by ment and Reemployment Rights Act of this section, $3,000,000, to remain available Satisfying Nondiscrimination Rules: until expended; and 1994 (USERRA). The Act does not re- In order to avoid disruptions in retire- (2) to carry out the updates authorized by quire employers to pay reservists who ment savings plans and to remove dis- subsection (a)(1)(B), such sums as are nec- are on active duty. But as I have point- incentives, employers could disregard essary. ed out, many employers pay the reserv- contributions to retirement savings ac- Mr. GREGG. Mr. President, sustained ists the difference between their mili- counts based on differential wage pay- military operations in Afghanistan and tary stipends and their regular sala- ments for nondiscrimination testing Iraq have brought to light another ex- ries. Some employers provide this ‘‘dif- purposes, provided that such payments ample of how outdated and burdensome ferential pay’’ for up to three years. are available to all mobilized employ- government policies can punish gen- For employee convenience, many of ees on reasonably equivalent terms. erous employers. Employers that con- these companies also allow deductions In summary, the Uniformed Services tinue to pay their employees now on from the differential payment for con- Differential Pay Protection Act up- active duty in the uniformed services tributions to their 401(k) retirement holds the principle that employers are experiencing tax and pension dif- plans. should not be penalized for their gen- ficulties that are discouraging this pro- The conflict arises, however, because erosity towards our Nation’s reservists worker, patriotic gesture. Apparently, a 1969 IRS Revenue Ruling considers and members of the National Guard. when it comes to companies showing the employment relationship termi- their respect for their employees called nated when active duty begins. This By Mr. WYDEN: to serve, there is special meaning to ruling prevents employers from treat- S. 1403. A bill to amend title XVIII of the old cliche´ ‘‘no good deed goes ing the differential pay as wages for in- the Social Security Act to extend rea- unpunished.’’ come tax purposes, resulting in unex- sonable cost contracts under medicare; The National Committee for Em- pected tax bills at the end of the year to the Committee on Finance. ployer Support for the Guard and Re- for these military personnel. Further, Mr. WYDEN. Mr. President, when serve, a nationwide association, reports the contributions made to the worker’s Congress passed the Medicare Mod- that thousands of employers across the retirement account potentially invali- ernization Act, Medicare cost contracts

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8318 CONGRESSIONAL RECORD — SENATE July 14, 2005 were kept as a health plan option for on or after the date of enactment of the The Springfield metropolitan work- seniors. However, Congress also limited Medicare Cost Contract Extension and Re- force has grown by more than 27 per- the ability of cost contracts to operate finement Act of 2005 shall provide that the cent the past 10 years, and is projected in areas if a Medicare Advantage plan provisions of the Medicare Advantage pro- to grow by 18 percent over the next ten gram under part C described in subparagraph decided to offer service in that area (B) shall apply to such organization and such years. Annual regional tourism ac- and stayed for a year. contract in a substantially similar manner counts for over 2.2 million visitors in Medicare cost contracts are plans as such provisions apply to Medicare Advan- Springfield and over 7 million annual that offer more benefits than basic tage organizations and Medicare Advantage visitors to the booming Branson area. Medicare and are often available in plans under such part. Because of the tremendous growth in areas in which Medicare Advantage ‘‘(B) The provisions described in this sub- this region, demand for an air service plans are not offered. Many of the paragraph are as follows: in and out of the Springfield/Branson thousands of Oregonians who have cost ‘‘(i) Section 1851(d) (relating to the provi- Regional Airport is soaring. The cur- sion of information to promote informed contract plans are in rural Oregon, rent airport is experiencing great dif- choice). ficulty in trying to keep up with the where there are few options for care. ‘‘(ii) Section 1851(h) (relating to the ap- The legislation I am introducing today, proval of marketing material and applica- growing demand for air service in this ‘‘The Medicare Cost Contract Exten- tion forms). region. The capacity at the current air- sion and Refinement Act of 2005’’, ‘‘(iii) Section 1852(a)(3)(A) (regarding the port is virtually at its maximum. would allow seniors to keep their cost authority of organizations to include manda- The FAA has already approved the contracts longer even if a Medicare Ad- tory supplemental health care benefits under Springfield Regional Airport Master vantage plan is offered. The bill also the plan subject to the approval of the Sec- Plan and completed an environmental retary). assessment for this plan. So far, the adds more consumer protection provi- ‘‘(iv) Section 1852(e) (relating to the re- sions that are similar to those already FAA has invested over $7 million in the quirement of having an ongoing quality im- planning and design for this project. in law for Medicare Advantage plans. I provement program and treatment of accred- believe that it is not only important to itation in the same manner as such provi- Further funding for this project will be ensure seniors have choices, but that sions apply to Medicare Advantage local needed to fund the expansion of air-side they can keep the choice that works plans that are preferred provider organiza- apron, runways, taxiways and limited best for them as well. I ask unanimous tion plans). eligible components of the terminal. In order to ensure that this essential consent that the text of the bill be ‘‘(v) Section 1852(j)(4) (relating to limita- tions on physician incentive plans). project goes forward and that previous printed in the RECORD. ‘‘(vi) Section 1854(c) (relating to the re- Federal tax dollars are not wasted, I There being no objection, the bill was quirement of uniform premiums among indi- am introducing legislation that will ordered to be printed in the RECORD, as viduals enrolled in the plan). clarify the status of the Springfield Re- follows: ‘‘(vii) Section 1854(g) (relating to restric- gional Airport as a non-hub primary tions on imposition of premium taxes with S. 1403 airport. Be it enacted by the Senate and House of respect to payments to organizations). ‘‘(viii) Section 1856(b)(3) (relating to rela- This legislation states that if the sta- Representatives of the United States of America tus of a non-hub primary airport in Congress assembled, tion to State laws). ‘‘(ix) Section 1857(i) (relating to Medicare changes to a small hub primary airport SECTION 1. SHORT TITLE. Advantage program compatibility with em- at a time when the airport has already This Act may be cited as the ‘‘Medicare ployer or union group health plans). Cost Contract Extension and Refinement Act received FAA discretionary funds for a ‘‘(x) The provisions of part C relating to of 2005’’. terminal development project—and timelines for contract renewal and bene- this project is not yet completed—then SEC. 2. EXTENSION OF REASONABLE COST CON- ficiary notification.’’. TRACTS. the project shall remain eligible for (a) EXTENSION OF PERIOD REASONABLE COST By Mr. BOND: funding from the discretionary fund PLANS CAN REMAIN IN THE MARKET.—Section and the small airport fund to pay costs 1876(h)(5)(C)(ii) of the Social Security Act (42 S. 1404. A bill to clarify that terminal development grants remain in effect allowable under section 47110(d) of U.S.C. 1395mm(h)(5)(C)(ii) is amended— Title 49. Such an airport project will under certain conditions; to the Com- (1) in the matter preceding subclause (I)— remain eligible for these funds for mittee on Commerce, Science, and (A) by striking ‘‘January 1, 2008’’ and in- three fiscal years after the start of con- serting ‘‘January 1, 2012’’; Transportation. struction of the project, or, if the Sec- (B) by striking ‘‘year’’ and inserting ‘‘two Mr. BOND. Mr. President, I rise retary determines that a further exten- years’’; and today to introduce legislation that will sion of eligibility is justified, until the (C) by inserting ‘‘entirely’’ after ‘‘was’’; allow for the continued expansion of (2) in subclause (I), by inserting ‘‘, provided project is completed. non-primary hub airports across the that all such plans are not offered by the This legislation will ensure that the same Medicare Advantage organization’’ be- country. ongoing expansion projects of smaller fore the semicolon at the end; and The simple fact of the matter is that airports across the country will con- (3) in subclause (II), by inserting ‘‘, pro- demand for commercial air service in tinue in order to accommodate the vided that all such plans are not offered by and out of many of these smaller non- growing demand for additional airfield the same Medicare Advantage organization’’ primary hub airports is far exceeding before the semicolon at the end. and terminal capacity at these air- the current operational capacity at ports. (b) EXTENSION OF PERIOD REASONABLE COST these airports. Expanded airfield and PLANS CAN EXPAND THEIR SERVICE AREA.— Section 1876(h)(5)(B)(i) of the Social Security terminal capacity at these airports are By Mr. NELSON of Nebraska (for Act (42 U.S.C. 1395mm(h)(5)(B)(i)) is amended desperately needed to meet the grow- himself, Mr. SANTORUM, and Mr. to read as follows: ing demand for air service in these high CORZINE): ‘‘(i) the conditions for prohibiting an ex- growth communities. S. 1405. A bill to extend the 50 per- tension or renewal of a contract under sub- The Springfield/Branson Metropoli- cent compliance threshold used to de- paragraph (C)(ii) are not applicable to such tan Area in Southwest Missouri is a termine whether a hospital or unit of a service area at the time of the application.’’. classic example of one of these high hospital is an inpatient rehabilitation SEC. 3. APPLICATION OF CERTAIN MEDICARE AD- growth communities where demand for facility and to establish the National VANTAGE REQUIREMENTS TO COST CONTRACTS EXTENDED OR RE- air service is exceeding the current Advisory Council on Medical Rehabili- NEWED AFTER 2003. operational capacity of area’s primary tation; to the Committee on Finance. Section 1876(h) of the Social Security Act regional airport. Mr. NELSON of Nebraska. Mr. Presi- (42 U.S.C. 1395mm(h)), as amended by section The city of Springfield is the eco- dent, today I am introducing the ‘‘Pre- (2), is amended— nomic hub for 26 Missouri Counties serving Patient Access to Inpatient Re- (1) by redesignating paragraph (5) as para- with a population of approximately 1 habilitation Hospitals Act of 2005’’ to graph (6); and million people. Over the last 10 years, make changes to a rule issued by the (2) by inserting after paragraph (4) the fol- lowing new paragraph: the population of the Springfield area Centers for Medicare and Medicaid ‘‘(5)(A) Any reasonable cost reimbursement has increased by more than twice the Services, (CMS) that would threaten contract with an eligible organization under annual growth rate experienced by the the ability of rehabilitation hospitals this subsection that is extended or renewed State of Missouri. to continue to provide critical care.

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8319 In my home State of Nebraska, Ma- Rehabilitation Providers Association (1) ADVISORY COUNCIL.—The term ‘‘Advi- donna Rehabilitation Hospital in Lin- and numerous other associations and sory Council’’ means the National Advisory coln is a nationally-recognized premier advocacy groups have endorsed the leg- Council on Medical Rehabilitation estab- rehabilitation facility that offers spe- islation. Just as I have heard from pa- lished under subsection (b). (2) APPROPRIATE FEDERAL AGENCIES.—The cialized programs and services for tients and medical providers who have term ‘‘appropriate Federal agencies’’ those who have suffered brain injuries, experienced problems with this Rule, means— strokes, spinal cord injuries, and other the members of these associations are (A) the Agency for Healthcare Research rehabilitating injuries. If this rule is also witnessing the devastating effect and Quality; not updated, Madonna would not be the Rule is having on those who need (B) the Centers for Medicare & Medicaid able to offer the same critical care to this critical care. In addition, Senator Services; its patients as it currently does. SANTORUM is co-sponsoring this bipar- (C) the National Institute on Disability When CMS first looked at whether fa- tisan effort. and Rehabilitation Research; and cilities would qualify as an inpatient (D) the National Center for Medical Reha- I urge my colleagues to support this bilitation Research. rehabilitation facility (IRF), a list of legislation, and I look forward to its (b) ESTABLISHMENT.—Pursuant to section criteria was created to determine eligi- passage. 222 of the Public Health Service Act (42 bility. The criteria, generally referred I ask unanimous consent that the U.S.C. 217a), the Secretary shall establish an to as the ‘‘75 Percent Rule,’’ were first text of the bill be printed in the advisory panel to be known as the ‘‘National established in 1984. Initially ten cat- RECORD. Advisory Council on Medical Rehabilita- egories were given. When the Rule was There being no objection, the bill was tion’’. revised last year, three categories were ordered to be printed in the RECORD, as (c) MEMBERSHIP.— added. To qualify as an IRF under the follows: (1) APPOINTMENT.—The Advisory Council shall be composed of 17 members, of whom— 75 Percent Rule, 75 percent of a facili- S. 1405 (A) 9 members shall be appointed by the ty’s patients must be receiving treat- Be it enacted by the Senate and House of Secretary, in consultation with the medical ment in one of these specified condi- Representatives of the United States of America rehabilitation community, from a diversity tions. in Congress assembled, of backgrounds, including— On its face, it appeared that CMS ex- SECTION 1. SHORT TITLE. (i) physicians; panded the Rule last year by increasing This Act may be cited as the ‘‘Preserving (ii) medicare beneficiaries; the number of conditions from 10 to 13 Patient Access to Inpatient Rehabilitation (iii) representatives of inpatient rehabili- and giving facilities a phase-in period Hospitals Act of 2005’’. tation facilities; and to adjust to the changes. Initially the SEC. 2. EFFECT ON ENFORCEMENT OF REGULA- (iv) other practitioners experienced in re- threshold for compliance was set at 50 TIONS. habilitative care; and (a) IN GENERAL.—Notwithstanding section (B) 8 members, not more than 4 of whom percent for the first year and continues 412.23(b)(2) of title 42, Code of Federal Regu- are members of the same political party, to rise until it reaches 75 percent in lations, during the period beginning on July shall be appointed jointly by— July 2007. 1, 2005, and ending on the date that is 2 years (i) the Majority Leader of the Senate; Facilities are struggling to even after the date of enactment of this Act, the (ii) the Minority Leader of the Senate; meet the 50 percent compliance rate in Secretary of Health and Human Services (re- (iii) the Speaker of the House of Represent- part because the expansion of cat- ferred to in this Act as the ‘‘Secretary’’) atives; egories is illusory. The rule will, by shall not— (iv) the Minority Leader of the House of CMS’ own estimate, shift thousands of (1) require a compliance rate, pursuant to Representatives; patients—both Medicare and non-Medi- the criterion (commonly known as the ‘‘75 (v) the Chairman and the Ranking Member percent rule’’) that is used to determine of the Committee on Finance of the Senate; care—into alternative care settings whether a hospital or unit of a hospital is an and that may be inappropriate. CMS pro- inpatient rehabilitation facility (as defined (vi) the Chairman and the Ranking Mem- jected a patient loss of 1,170 admissions in the rule published in the Federal Register ber of the Committee on Ways and Means of in FY 2005. A recent Moran Company on May 7, 2004, entitled ‘‘Medicare Program; the House of Representatives. report showed that in the first year Final Rule; Changes to the Criteria for Being (2) DATE.—Members of the Advisory Coun- alone, hospitals have been forced to Classified as an Inpatient Rehabilitation Fa- cil shall be appointed not later than 30 days deny care to between 25,000–40,000 pa- cility’’ (69 Fed. Reg. 25752)), that is greater after the date of enactment of this Act. tients to maintain compliance with the than the 50 percent compliance threshold (3) PERIOD OF APPOINTMENT; VACANCIES.— that became effective on July 1, 2004; Members shall be appointed for the life of new 75 Percent Rule. By the fourth (2) change the designation of an inpatient the Council. A vacancy on the Advisory year of the Rule, IRFs will be forced to rehabilitation facility in compliance with Council shall be filled not later than 30 days turn away one out of every three pa- the 50 percent threshold; or after the date on which the Advisory Council tients in order to operate as a rehabili- (3) conduct medical necessity review of in- is given notice of the vacancy, in the same tation hospital or unit. patient rehabilitation facilities using any manner as the original appointment. My legislation will ensure that pa- guidelines, such as fiscal intermediary Local (4) MEETINGS.— tients across America will continue to Coverage Determinations, other than the na- (A) INITIAL MEETING.—The Advisory Coun- have access to the rehabilitative care tional criteria established in chapter 1, sec- cil shall conduct an initial meeting not later than 120 days after the date of enactment of they need, and that experts in this tion 110 of the Medicare Benefits Policy Manual. this Act. community are organized to advise and (b) RETROACTIVE STATUS AS AN INPATIENT (B) MEETINGS.—The Advisory Council shall make recommendations to Congress REHABILITATION FACILITY; PAYMENTS; EXPE- conduct such meetings as the Council deter- and the appropriate Federal agencies DITED REVIEW.—The Secretary shall estab- mines to be necessary to carry out its duties based on the realities and challenges lish procedures for— but shall meet not less frequently than 2 facing the rehabilitative field today (1) making any necessary retroactive ad- times during each calendar year. and in the future. The legislation pro- justment to restore the status of a facility as (d) DUTIES.—The duties of the Advisory vides an additional two years at the 50 an inpatient rehabilitation facility as a re- Council shall include the following: sult of subsection (a); percent threshold to give facilities ad- (1) ADVICE AND RECOMMENDATIONS.—Pro- (2) making any necessary payments to in- viding advice and recommendations to— ditional time to adjust to the new cat- patient rehabilitation facilities based on (A) Congress and the Secretary concerning egories and sets up a commission to ad- such adjustment for discharges occurring on the coverage of rehabilitation services under vise Federal agencies on rehabilitative or after July 1, 2005 and before the date of en- the medicare program, including— care and what categories are appro- actment of this Act; and (i) policy issues related to rehabilitative priate to be included in the 75 Percent (3) developing and implementing an ap- treatment and reimbursement for rehabilita- Rule. peals process that provides for expedited re- tive care, such as issues relating to any rule- I am pleased that many prestigious view of any adjustment to the status of a fa- making relating to, or impacting, rehabilita- organizations have joined me in sup- cility as an inpatient rehabilitation facility tion hospitals and units; made during the period beginning on July 1, porting the legislation. The American (ii) the appropriate criteria for— 2005 and ending on the date that is 2 years (I) determining clinical appropriateness of Hospital Association, the American after the date of enactment of this Act. inpatient rehabilitation facility admissions; Academy of Physical Medicine and Re- SEC. 3. NATIONAL ADVISORY COUNCIL ON MED- and habilitation, the Federation of Amer- ICAL REHABILITATION. (II) distinguishing an inpatient rehabilita- ican Hospitals, the American Medical (a) DEFINITIONS.—In this section: tion facility from an acute care hospital and

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8320 CONGRESSIONAL RECORD — SENATE July 14, 2005 other providers of intensive medical rehabili- filed against major respirator manufac- ulent means by which lawyers, doctors and tation; turers. Many of these people show no screening companies had manufactured the (iii) the efficacy of inpatient rehabilitation symptoms of illness. claims. ‘‘These diagnoses were about litiga- services, as opposed to other post-acute inpa- Respirator manufacturers are in- tion rather than health care,’’ wrote Judge tient settings, through a comparison of qual- Jack. ‘‘These diagnoses were manufactured ity and cost, controlling for patient charac- cluded among dozens of defendants in for money.’’ teristics (such as medical severity and motor these lawsuits, despite some very im- Perfectly said, and we only wish the fear- and cognitive function) and discharge des- portant facts. First, respirators don’t less, judge had been around to render a simi- tination; cause lung disease—employers are le- lar verdict back when the asbestos blob got (iv) the effect of any medicare regulations gally responsible for providing the rolling. It was that juggernaut, largely on access to inpatient rehabilitation care by right respirator to an employee for the blessed by the courts, that first allowed trial medicare beneficiaries and the clinical effec- environment in which the employee lawyers to co-opt doctors to create millions of phony claims and extort billions out of tiveness of care available to such bene- will be working. Respirator manufac- ficiaries in other health care settings; and corporate defendants. Encouraged by this (v) any other topic or issue that the Sec- turers have no role in that decision. success, the trial bar revved up the same ma- retary or Congress requests the Advisory Second, respirators are 100 percent reg- chinery for silicosis, an occupational lung Council to provide advice and recommenda- ulated by the U.S. Government. The disease that can be fatal but has been in de- tions on; and National Institute for Occupational cline for decades. (B) appropriate Federal agencies (as de- Safety and Health, or NIOSH, sets the It was the fact of this decline that got fined in subsection (a)(3)) on how to best uti- design standards for respirators, tests Judge Jack’s attention. A former nurse, she lize available research funds and authorities couldn’t understand how a disease that every product in its own labs, approves causes on average fewer than 200 deaths an- focused on medical rehabilitation research, all warning labels, and monitors the including post-acute care site of service and nually in the U.S. had suddenly resulted in outcomes research. manufacturing process to be sure res- more than 20,000 claims from Mississippi and (e) PERIODIC REPORTS.—The Advisory pirators meet the standards for which surrounding states. To get to the bottom of Council shall provide the Secretary with they were designed. the suits against some 250 companies, the periodic reports that summarize— Perhaps most troubling is the extent Clinton appointee held 20 months of pretrial (1) the Council’s activities; and to which these claims track very close- proceedings. What she found was a gigantic (2) any recommendations for legislation or attempted swindle. ly with the recent explosion of asbestos Her first discovery was that, of the more administrative action the Council considers and silicosis claims. Recently, a num- to be appropriate. than 9,000 plaintiffs who supplied more infor- (f) TERMINATION.—The Advisory Council ber of ethical questions surrounding mation about their ‘‘disease,’’ 99% had been shall terminate on September 30, 2010. many of these claims have come to diagnosed with silicosis by the same nine (g) AUTHORIZATION OF APPROPRIATIONS.— light. doctors. These physicians had been retained There are authorized to be appropriated such In my home State of Texas, a Federal by law firms or by ‘‘screening companies’’ sums as may be necessary to carry out the court in Corpus Christi under the that do mass X-rays on behalf of law firms purposes of this section. watch of Judge Janis Graham Jack, searching for plaintiffs. When these physi- (h) EFFECTIVE DATE.—This section shall cians were deposed, they all but admitted take effect on the date of enactment of this has been trying to sort out a few thou- they took their orders from the lawyers and Act. sand of these cases. That Multi-Dis- screening firms. trict Litigation has turned up evidence Which explains why none of them took a By Mr. CORNYN: of fraud—in Judge Jack’s words— medical history, while others never even saw S. 1406. A bill to protect American ‘‘great red flags of fraud,’’ and high- their patients. One doctor signed blank workers and responders by ensuring lights attempts by some to recycle forms for the screening company and let his the continued commercial availability plaintiffs who have already recovered secretary fill out the diagnoses. Yet another of respirators and to establish rules in asbestos litigation by claiming they performed 1,239 diagnostic evaluations in 72 governing product liability actions hours—less than four minutes apiece. Dr. also have silicosis, which is a virtual George Martindale, who diagnosed 3,617 pa- against manufacturers and sellers of medical impossibility. tients with silicosis, admitted that he didn’t respirators; to the Committee on the Just today, the Wall Street Journal even know the criteria for diagnosing the Judiciary. ran an editorial highlighting this ‘‘tort disease and had simply included in each of Mr. CORNYN. Mr. President, I rise scam.’’ As it points out, ‘‘Judge Jack his reports a paragraph provided by the today to introduce the ‘‘Respirator Ac- not only blasted nearly everyone of the screening company. cess Assurance Act of 2005.’’ This legis- 10,000 silicosis claims in front of her Another shocker was that more than 65% of the silica plaintiffs had previously been lation is not a complex or lengthy pro- court, she documented the fraudulent posal, but it is critically important for plaintiffs in an asbestos suit, even though it means by which lawyers, doctors, and is close to clinically impossible to have both our men and women in uniform, our screening companies had manufactured asbestosis and silicosis. Digging deeper, the first responders, and the American pub- the claims.’’ She said, ‘‘These diag- judge found that many of the same doctors lic as we continue to wage the war on noses were about litigation rather than had ginned up the same patients for both as- terror. It is designed to protect the health care . . . these diagnoses were bestos and silicosis cases. One doctor, Ray companies that manufacture res- manufactured for money.’’ Harron, received nearly $5 million from 1996– pirators from abusive litigation—the I ask unanimous consent that the 2004 from a leading screening company, N&M, and has supplied thousands of silicosis very respirators that we need for pro- Wall Street Journal editorial be print- tection against life-threatening envi- diagnoses, and at least 52,000 asbestos-re- ed in the RECORD. lated diagnoses. ronmental hazards and contaminates. There being no objection, the edi- Representatives from N&M admitted in Even as we continue today to debate torial was ordered to be printed in the court that they had no medical training and important appropriations legislation RECORD, as follows: that their company has never had a medical for the Department of Homeland Secu- [From the Wall Street Journal, July 14, 2005] director. They confirmed that law firms rity, the many American manufactur- often set the criteria for the silicosis screen- THE SILICOSIS SHERIFF ers and sellers of one of the types of ing process, and that the screening compa- equipment necessary in the war on ter- If the criminal investigation of class-ac- nies were paid by the volume of people who tion titan Milberg Weiss is anything to go ror and for our first responders gen- ultimately joined a lawsuit. As N&M owner by, prosecutors may finally be starting to Heath Mason testified, his business depended erally—respirators—are being forced by hold the trial bar accountable for its legal on doing ‘‘large numbers.’’ misdirected litigation to decide wheth- abuses. Another good sign is that a separate Judge Jack reserved her most severe criti- er to abandon that market. federal grand jury, this one in New York, is cism for the lawyers, noting that statistics Since the year 2000, American res- investigating the ringleaders of the latest alone should have shown that their case de- pirator manufacturers have experi- tort scam, silicosis. fied ‘‘all medical knowledge and logic,’’ and enced an avalanche of mass lawsuits in Much of the credit for pointing the grand that by bringing it regardless they had ex- which thousands of plaintiffs claim jury toward this corruption goes to Texas hibited a ‘‘reckless disregard of the duty they suffered lung damage from res- federal Judge Janis Graham Jack, who last owed to the court.’’ She required the Hous- month put the brakes on the silicosis ma- ton firm of O’Quinn, Laminack & Pirtle to pirators because of defective designs chine with an extraordinary 249-page deci- pay the defendants’ $825,000 in legal fees, and and/or failure to provide adequate sion. Judge Jack not only blasted nearly ordered sanctions. She also made clear she warnings. Between 2000 and 2004, well every one of the 10,000 silicosis claims in was on to the tort bar’s tactics, noting that over 300,000 individual claims have been front of her court, she documented the fraud- the ‘‘clear motivation’’ was ‘‘to inflate the

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8321 number of plaintiffs and overwhelm the de- respirator or any claim based on such but we expect to, based on what Judge Jack fendants and the judicial system.’’ an allegation if the respirator has re- has found.’’ Judge Jack did not shy away from the ceived NIOSH approval, and the res- word ‘‘fraud’’ in her courtroom, and clearly By Mr. NELSON of Florida (for someone at the Justice Department has been pirator complied with the NIOSH-ap- himself and Mrs. CLINTON): paying attention. A Manhattan grand jury is proved design and labeling in effect on now investigating at least one of the screen- the date of manufacture. This protec- S. 1407. A bill to provide grants to ing companies, and subpoenas have gone out tion would continue notwithstanding a States and local governments to assess to at least two of the doctors involved. subsequent action by NIOSH to modify, the effectiveness of sexual predator Which shows how large a public service supercede, or withdraw the approval. In electronic monitoring programs; to the Judge Jack has performed. She could easily addition, we have taken extra meas- Committee on the Judiciary. have followed other judges and accepted these mass claims at face value. Instead, she ures to clarify that there are excep- Mr. NELSON of Florida. Mr. Presi- dug into the individual claims and found the tions in the Act that would permit li- dent, I rise today on behalf of myself corruption underneath. In doing so, she has ability to be imposed if the initial ap- and Senator HILLARY RODHAM CLINTON not only stalled the entire silicosis scam, proval was obtained through fraud, of New York, to introduce the Jessica she’s opened the door to probing millions of misrepresentation, or bribery. Lunsford and Sarah Lunde Act. This asbestos claims that have come before. The This is a simple bill that will not bill will provide grants for State and lawyers could attempt to retry their dis- cost the government a penny, will not local governments to purchase the missed claims in state court, though amid a deprive any deserving plaintiff of the technology they need to enhance moni- grand jury probe they might prefer that this whole issue go away. right to sue those who may have toring of sexual predators. Over the years, too many judges have al- caused him or her harm, and will as- This bill and the grants it provides lowed tort lawyers to hijack their court- sure that this vital industry continues are named after two young girls from rooms to perpetrate legal fraud. Judge Jack to be an American industry for a long Florida, Jessica Lunsford and Sarah is showing what good comes when judges time to come. Lunde, who were both murdered by truly care about justice. I look forward to working with my convicted sex offenders. As the This level of fraud must be brought colleagues to move this proposal for- Lunsford and Lunde families mourned to the attention of the American peo- ward. these two beautiful girls, the Nation ple. The extent to which this type of Mr. President, I ask unanimous con- grieved with them. We are all united in behavior is the norm rather than the sent that an article from the Houston our desire to make sure that every- exception is troubling, to say the least. Chronicle be printed in the RECORD. thing can be done to prevent this from And the breadth of this abuse extends There being no objection, the article ever happening again. I hope this bill so far now that it endangers the manu- was ordered to be printed in the will serve as a living memorial to Jes- facturing of masks for the American RECORD, as follows: sica Lunsford and Sarah Lunde, and people—and people through the world [From the Houston Chronicle, July 1, 2005] serve as some comfort to their fami- for that matter—who need to protect FEDERAL JUDGE THROWS OUT THOUSANDS OF lies, as the grants in their names pro- themselves from airborne contami- SILICA DIAGNOSES vided in this bill will allow law en- nants. Thousands of lawsuits have been CORPUS CHRISTI.—A federal judge has rec- forcement to help prevent other fami- directed toward these manufacturers— ommended throwing out all but one of about lies from suffering similar tragedies. largely indiscriminately. 10,000 diagnoses of the lung ailment silicosis Jessica Lunsford of Homosassa, FL, Many of these cases might someday that were used in lawsuits against industrial be dismissed or settled for a few hun- companies, ruling that doctors ‘‘manufac- was a nine-year-old girl abducted from dred dollars to avoid protracted litiga- tured’’ findings of the disease in hundreds of her home, raped, and then buried alive tion, but the costs of getting to that cases. by a convicted sex offender who lived U.S. District Judge Janis Graham Jack’s point are enormous. Respirator compa- 150 feet from her home. Law enforce- scathing 249-page opinion, signed Thursday, ment had lost track of her confessed nies have already incurred millions of finds that the diagnoses are inadmissible in dollars in litigation and settlement murderer and did not know that he court. The bulk of the cases originate in Mis- worked at the nearby school that Jes- costs, and even after years of arguing sissippi, and Jack sent them back to the sica attended, despite his being a reg- in multiple State and local courts they state courts along with her report. She threw still face hundreds of thousands of indi- out the approximately 100 Texas cases that istered sex offender. A few weeks fol- vidual claims. The costs of this litiga- she felt she had jurisdiction over. lowing the news of this tragedy, 13- tion burden are both unjustified and Jack’s ruling also orders sanctions against year-old Sarah Lunde of Ruskin, FL, Houston law firm O’Quinn, Laminack & was murdered by her mother’s ex-boy- destructive. Pirtle, which brought roughly 2,000 of the Most of the net income these compa- friend. He is also a convicted sex of- suits. Lawyers from the firm did not imme- fender. nies receive from respirator sales is diately return a call for comment today. being eaten up in litigation costs. A doctor testifying before Jack in Decem- The Jessica Lunsford and Sarah Some respirator companies have al- ber withdrew thousands of his diagnoses, Lunde grants provided for in this bill ready decided it is not worth it and saying he only briefly scanned X-rays to give will allow States and local government have stopped selling in the commercial what he thought was a second opinion on the to purchase electronic monitoring sys- market, and others are contemplating degenerative diseases caused by inhaling tems, like global positioning systems, quartz dust. the same thing. If U.S. manufacturers that will provide law enforcement with His withdrawal, made during consolidated real time information on the where- drop out of the market, those who need pretrial proceedings for lawsuits from sev- respirators will have to use imports, eral states, prompted Jack to order every abouts of sex offenders released from which may be of lower quality and less doctor and ‘‘screening company’’ to back up prison to within 10 feet of their loca- reliable, or use nothing at all. In either the diagnoses in the lawsuits. More doctors tion. Law enforcement will be able to case we are letting this unfounded liti- withdrew their diagnoses, and after hearings restrict the movements of sex offenders gation burden pose additional risk to in February Jack said she sensed ‘‘red flags by programming these systems to alert millions of Americans who need these of fraud’’ in the way plaintiffs were re- authorities if a sex offender goes to a cruited. ‘‘These diagnoses were driven by devices to do their jobs and protect park, amusement park, elementary neither health nor justice,’’ Jack wrote in school or other areas determined to be themselves, and all of us, from untold her opinion Thursday. ‘‘They were manufac- harm. tured for money.’’ off-limits. The ankle-bracelets used to That is why I am introducing this Danny Mulholland, a Mississippi-based de- monitor their movement are tamper legislation today. The Act provides res- fense attorney for Ingersoll-Rand Co. and proof and will alert law enforcement in pirator manufacturers with protection other companies, said the opinion was ‘‘his- the event that an offender has removed from the legal costs associated with de- toric’’ in an age where law firms recruit it so law enforcement can immediately fending claims for which the manufac- plaintiffs with billboards and television ads. act to apprehend the offender. ‘‘I think the way litigation has been done, turers should bear no liability. It pro- and particularly mass tort litigation, In the United States there are an es- vides that a respirator manufacturer changed with the February hearings which timated 380,000 registered sex offenders, may not be subject to any claim for de- culminated in this order,’’ he said. ‘‘We’ll although thousands have disappeared, fective design or warning relating to a have to go back in state court and win there, according to authorities. We have over

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8322 CONGRESSIONAL RECORD — SENATE July 14, 2005 30,000 of these sex offenders in the (b) APPLICATION.— theft that affects millions of con- State of Florida. In response to the re- (1) IN GENERAL.—Each State or local gov- sumers nationwide. Last year, there cent tragedies in Florida, Idaho, and ernment desiring a grant under this Act were at least 43 known incidents of se- North Dakota, several States have en- shall submit an application to the Attorney curity breaches, potentially affecting acted stronger laws to protect our chil- General at such time, in such manner, and accompanied by such information as the At- over 9 million individuals. These dren from sex predators. In Florida, for torney General may reasonably require. breaches range from sloppy record example, the legislature passed a law (2) CONTENTS.—Each application submitted keeping and security procedures by that will provide tougher sentences for pursuant to paragraph (1) shall— companies to extremely sophisticated child sex offenders, and aid law en- (A) describe the activities for which assist- online thefts by computer hackers. forcement in effectively monitoring ance under this Act is sought; and Our bipartisan bill ensures that busi- those sex offenders. This law will re- (B) provide such additional assurances as nesses and organizations have the prop- quire sex offenders, released back into the Attorney General determines to be es- er security procedures in place to safe- our communities, to wear a bracelet sential to ensure compliance with the re- guard consumers’ sensitive and per- that will have a global positioning sys- quirements of this Act. sonal information. This legislation re- SEC. 3. INNOVATION. tem track them. In making grants under this Act, the At- quires any entity that acquires, main- I applaud the initiative by Florida, torney General shall ensure that different tains or utilizes sensitive personal in- and other States seeking to pass simi- approaches to monitoring are funded to formation to have a security program lar laws, and I believe that it is impor- allow an assessment of effectiveness. to safeguard such data. Furthermore, tant that there is an appropriate Fed- SEC. 4. DEFINITION. we require these entities to verify the eral response that will be supportive of In this Act, the term ‘‘sexual offender’’ credentials of third parties seeking the States and local governments that means an offender 18 years of age or older personal and sensitive information and are addressing this problem. To be ef- who commits a sexual offense against a require strict disposal and transfer pro- fective, tough laws on these sexual minor. cedures for such information. predators of children must be properly SEC. 5. AUTHORIZATION OF APPROPRIATIONS. It is imperative that consumers be (a) IN GENERAL.—There are authorized to funded, and I believe these tough laws be appropriated $10,000,000 for each of the fis- notified of any potential breach in the being passed by state legislatures are cal years 2006 through 2008 to carry out this security of their personal information. worth properly funding when they will Act. The cost of an incident of identity protect our children. (b) REPORT.—Not later than April 1, 2008, theft, both in terms of out-of-pocket The Jessica Lunsford and Sarah the Attorney General shall report to Con- expense and time spent resolving prob- Lunde Act will support State and local gress— lems, is significantly smaller if the governments that, like Florida, are at- (1) assessing the effectiveness and value of misuse of the victim’s personal infor- tempting to protect their children by programs funded by this Act; mation is discovered quickly. (2) comparing the cost-effectiveness of the providing greater monitoring tools for electronic monitoring to reduce sex offenses Our bill requires consumer notifica- law enforcement. This bill will provide compared to other alternatives; and tion if a data breach results in a sig- a total of $30 million in grants to (3) making recommendations for con- nificant risk of identity theft. Individ- States to help implement State laws to tinuing funding and the appropriate levels uals will be notified immediately when get tougher on sex offenders released for such funding. any significant breach has occurred. back into their communities with elec- Any breach affecting a minimum of tronic monitoring technology. The bill By Mr. SMITH (for himself, Mr. 1,000 individuals also requires the enti- will provide for $10 million in grants NELSON of Florida, Mr. STE- ty to report the breach to the FTC and for fiscal years 2006 through 2008. The VENS, Mr. INOUYE, Mr. MCCAIN, all the consumer reporting agencies. bill then directs the Attorney General and Mr. PRYOR): We realize that an individual’s Social to provide a report to Congress assess- S. 1408. A bill to strengthen data pro- Security Number deserves the utmost ing the effectiveness of the program tection and safeguards, require data security and protection against fraud, and making recommendations as to fu- breach notification, and further pre- manipulation, and theft. To that end, ture funding levels. vent identity theft; to the Committee this bill restricts the collection of and There are no silver bullets to stop on Commerce, Science, and Transpor- access to Social Security Numbers by sexual predators from preying on our tation. limiting the solicitation of Social Se- children, but I believe that tough laws, Mr. SMITH. Mr. President, I rise curity Numbers and prohibiting their such as the new Florida statute, are today with Senators BILL NELSON, STE- display on employee and student iden- going to go a long way in preventing VENS, INOUYE, MCCAIN, and PRYOR to tification cards. sex offenders from re-offending. introduce the Identity Theft Protec- In addition, our bill will allow con- I ask unanimous consent that the tion Act of 2005. The introduction of sumers to place, lift, and temporarily text of the bill be printed in the this bill has been a bipartisan effort remove a security freeze on their cred- RECORD. and I thank my colleagues on the Sen- it, which would prevent credit from There being no objection, the bill was ate Commerce Committee for helping being extended to third parties without ordered to be printed in the RECORD, as to negotiate a fair and balanced bill. authorization from the consumer. We follows: Identity theft is one of the fastest would also pre-empt state law to create S. 1407 growing crimes in America. It is esti- uniformity and compliance by busi- Be it enacted by the Senate and House of mated that over 10 million Americans nesses and organizations. Representatives of the United States of America are victims of some form of identity Protecting sensitive information is in Congress assembled, theft each year. The total cost of this an issue of great importance for all SECTION 1. SHORT TITLE. crime approaches $50 billion per year, Americans so we are requiring the FTC This Act may be cited as the ‘‘Jessica with the average loss from the misuse to establish an Information Working Lunsford and Sarah Lunde Act’’. of a victim’s personal information Group comprised of industry partici- SEC. 2. SEXUAL PREDATOR MONITORING PRO- being almost $5,000. In 2004 alone, con- GRAM. pants, consumer groups, and other in- (a) GRANTS AUTHORIZED.— sumers who were victims of ID theft terested parties to develop best prac- (1) IN GENERAL.—The Attorney General is spent a total of 297 million hours re- tices to protect sensitive personal in- authorized to award grants (referred to as solving problems that arose from the formation. ‘‘Jessica Lunsford and Sarah Lunde Grants’’) crime. Consumers should have confidence to State and local governments to assist Every year, the FTC compiles a list when they share their information such States and local governments in— of the top 10 categories of fraud-related with others that their information will (A) carrying out programs to outfit sexual complaints. Identity theft has topped be protected. At the same time, the offenders with electronic monitoring units; that list of complaints each of the past ability of legitimate companies to ac- and (B) the employment of law enforcement of- 5 years. My own State of Oregon ranks cess personal information facilitates ficials necessary to carry out such programs. ninth in the Nation for fraud com- commerce and continues to have im- (2) DURATION.—The Secretary shall award plaints and identity theft. portant benefits to consumers. grants under this Act for a period not to ex- Data breaches are becoming an in- We believe our legislation strikes the ceed 3 years. creasingly common type of identity appropriate balance between ensuring

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8323 the continued existence of these crit- Credit Reporting Act (15 U.S.C. 1681a(p)(1)) of (c) REMOVAL; TEMPORARY SUSPENSION.— ical services and guaranteeing the se- the breach. (1) IN GENERAL.—Except as provided in curity of consumer’s personal informa- (2) FTC WEBSITE PUBLICATIONS.—Whenever paragraph (4), a security freeze shall remain tion. I urge my colleagues to co-spon- the Commission receives a report under in place until the consumer requests that the paragraph (1)(A), it shall post a report of the security freeze be removed. A consumer may sor this important legislation to pro- breach of security on its website without dis- remove a security freeze on his or her credit tect consumers from future breaches of closing any sensitive personal information or report by making a request to a consumer identity theft. the names of the individuals affected. credit reporting agency in writing or by tele- I ask unanimous consent that the (b) NOTIFICATION OF CONSUMERS.—When- phone. text of legislation be printed in the ever a covered entity discovers a breach of (2) CONDITIONS.—A consumer credit report- RECORD. security and determines that the breach of ing agency may remove a security freeze There being no objection, the bill was security has resulted in, or that there is a placed on a consumer’s credit report only— basis for concluding that a reasonable risk of (A) upon the consumer’s request, pursuant ordered to be printed in the RECORD, as identity theft to 1 or more individuals, the follows: to paragraph (1); or covered entity shall notify each such indi- (B) if the agency determines that the con- S. 1408 vidual. sumer’s credit report was frozen due to a ma- Be it enacted by the Senate and House of Rep- (c) METHODS OF NOTIFICATION; NOTICE CON- terial misrepresentation of fact by the con- resentatives of the United States of America in TENT.—Within 1 year after the date of enact- sumer. ment of this Act, the Commission shall pro- Congress assembled, (3) NOTIFICATION TO CONSUMER.—If a con- mulgate regulations that establish methods SECTION 1. SHORT TITLE; TABLE OF CONTENTS. sumer credit reporting agency intends to re- of notification to be followed by covered en- (a) SHORT TITLE.—This Act may be cited as move a freeze upon a consumer’s credit re- tities in complying with the requirements of the ‘‘Identity Theft Protection Act’’. port pursuant to paragraph (2)(B), the con- this section and the content of the notices (b) TABLE OF CONTENTS.—The table of con- sumer credit reporting agency shall notify required. In promulgating those regulations, tents for this Act is as follows: the consumer in writing prior to removing the Commission shall take into consider- the freeze on the consumer’s credit report. Sec. 1. Short title; table of contents. ation the types of sensitive personal infor- Sec. 2. Protection of sensitive personal in- (4) TEMPORARY SUSPENSION.—A consumer mation involved, the nature and scope of the formation. security breach, other appropriate factors, may have a security freeze on his or her Sec. 3. Notification of security breach risk. and the most effective means of notifying af- credit report temporarily suspended by mak- Sec. 4. Security freeze. ing a request to a consumer credit reporting Sec. 5. Enforcement. fected individuals. (d) TIMING OF NOTIFICATION.— agency in writing or by telephone and speci- Sec. 6. Enforcement by State attorneys gen- fying beginning and ending dates for the pe- eral. (1) IN GENERAL.—Except as provided in paragraph (2), notice required by subsection riod during which the security freeze is not Sec. 7. Preemption of State law. to apply to that consumer’s credit report. Sec. 8. Social security and driver’s license (a) shall be given— (A) in the most expedient manner prac- (d) RESPONSE TIMES; NOTIFICATION OF number protection. OTHER ENTITIES.— Sec. 9. Information security working group. ticable; (1) IN GENERAL.—A consumer credit report- Sec. 10. Definitions. (B) without unreasonable delay, but not ing agency shall— Sec. 11. Authorization of appropriations. later than 90 days after the date on which Sec. 12. Effective dates. the breach of security was discovered by the (A) place a security freeze on a consumer’s covered entity; and credit report under subsection (a) no later SEC. 2. PROTECTION OF SENSITIVE PERSONAL than 5 business days after receiving a re- INFORMATION. (C) in a manner that is consistent with any quest from the consumer under subsection (a) IN GENERAL.—In accordance with regu- measures necessary to determine the scope lations prescribed by the Federal Trade Com- of the breach and restore the security and in- (a)(1); and mission under subsection (b), a covered enti- tegrity of the data system. (B) remove, or temporarily suspend, a secu- rity freeze within 3 business days after re- ty shall take reasonable steps to protect (2) LAW ENFORCEMENT AND HOMELAND SECU- ceiving a request for removal or temporary against security breaches and to prevent un- RITY RELATED DELAYS.—Notwithstanding authorized access to sensitive personal infor- paragraph (1), the giving of notice as re- suspension from the consumer under sub- mation the covered entity sells, maintains, quired by that paragraph may be delayed for section (c). OTIFICATION OF OTHER COVERED ENTI- collects, or transfers. a reasonable period of time if— (2) N TIES.—If the consumer requests in writing or (b) REGULATIONS.—Not later than 1 year (A) a Federal law enforcement agency de- after the date of enactment of this Act, the termines that the timely giving of notice by telephone that other covered entities be Commission shall promulgate regulations to under subsections (a) and (b), as required by notified of the request, the consumer report- implement subsection (a), including regula- paragraph (1), would materially impede a ing agency shall notify all other consumer tions that— civil or criminal investigation; or reporting agencies described in section (1) require covered entities to develop, im- (B) a Federal national security or home- 603(p)(1) of the Fair Credit Reporting Act (15 plement, and maintain an effective informa- land security agency determines that such U.S.C. 1681a(p)(1)) of the request within 3 tion security program that contains admin- timely giving of notice would threaten na- days after placing, removing, or temporarily istrative, technical, and physical safeguards tional or homeland security. suspending a security freeze on the con- sumer’s credit report under subsection (a), for sensitive personal information, taking SEC. 4. SECURITY FREEZE. (c)(2)(A), or subsection (c)(4), respectively. into account the use of technological safe- (a) In General.— (3) IMPLEMENTATION BY OTHER COVERED EN- guards, including encryption, truncation, (1) EMPLACEMENT.—A consumer may place TITIES.—A consumer reporting agency that is and other safeguards available or being de- a security freeze on his or her credit report notified of a request under paragraph (2) to veloped for such purposes; by making a request to a consumer credit re- place, remove, or temporarily suspend a se- (2) require procedures for verifying the cre- porting agency in writing or by telephone. curity freeze on a consumer’s credit report dentials of any third party seeking to obtain (2) CONSUMER DISCLOSURE.—If a consumer shall place, remove, or temporarily suspend the sensitive personal information of an- requests a security freeze, the consumer the security freeze on that credit report other person; and credit reporting agency shall disclose to the within 3 business days after receiving the no- (3) require disposal procedures to be fol- consumer the process of placing and remov- tification. lowed by covered entities that— ing the security freeze and explain to the (e) CONFIRMATION.—Whenever a consumer (A) dispose of sensitive personal informa- consumer the potential consequences of the credit reporting agency places, removes, or tion; or security freeze. temporarily suspends a security freeze on a (B) transfer sensitive personal information (b) EFFECT OF SECURITY FREEZE.— consumer’s credit report at the request of to third parties for disposal. (1) RELEASE OF INFORMATION BLOCKED.—If a that consumer under subsection (a) or (c), re- SEC. 3. NOTIFICATION OF SECURITY BREACH security freeze is in place on a consumer’s spectively, it shall send a written confirma- RISK. credit report, a consumer reporting agency tion thereof to the consumer within 10 busi- (a) SECURITY BREACHES AFFECTING 1,000 OR may not release information from the credit ness days after placing, removing, or tempo- MORE INDIVIDUALS.— report to a third party without prior express rarily suspending the security freeze on the (1) IN GENERAL.—If a covered entity dis- authorization from the consumer. credit report. This subsection does not apply covers a breach of security and determines (2) INFORMATION PROVIDED TO THIRD PAR- to the placement, removal, or temporary that the breach of security affects the sen- TIES.—Paragraph (2) does not prevent a con- suspension of a security freeze by a con- sitive personal information of 1,000 or more sumer credit reporting agency from advising sumer reporting agency because of a notifi- individuals, then, before conducting the noti- a third party that a security freeze is in ef- cation received under subsection (d)(2). fication required by subsection (b), it shall— fect with respect to the consumer’s credit re- (f) ID REQUIRED.—A consumer credit re- (A) report the breach to the Commission port. If a third party, in connection with an porting agency may not place, remove, or (or other appropriate Federal regulator application for credit, requests access to a temporarily suspend a security freeze on a under section 5); and consumer credit report on which a security consumer’s credit report at the consumer’s (B) notify all consumer reporting agencies freeze is in place, the third party may treat request unless the consumer provides proper described in section 603(p)(1) of the Fair the application as incomplete. identification (within the meaning of section

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610(a)(1) of the Fair Credit Reporting Act (15 change, the written confirmation shall be (d) EXERCISE OF CERTAIN POWERS.—For the U.S.C. 1681h) and the regulations thereunder. sent to both the new address and to the purpose of the exercise by any agency re- (g) EXCEPTIONS.—This section does not former address. ferred to in subsection (c) of its powers under apply to the use of a consumer credit report (j) CERTAIN ENTITY EXEMPTIONS.— any Act referred to in that subsection, a vio- by any of the following: (1) AGREGATORS AND OTHER AGENCIES.—The lation of this Act is deemed to be a violation (1) A person or entity, or a subsidiary, af- provisions of subsections (a) through (h) do of a requirement imposed under that Act. In filiate, or agent of that person or entity, or not apply to a consumer credit reporting addition to its powers under any provision of an assignee of a financial obligation owing agency that acts only as a reseller of credit law specifically referred to in subsection (c), by the consumer to that person or entity, or information by assembling and merging in- each of the agencies referred to in that sub- a prospective assignee of a financial obliga- formation contained in the data base of an- section may exercise, for the purpose of en- tion owing by the consumer to that person or other consumer credit reporting agency or forcing compliance with any requirement entity in conjunction with the proposed pur- multiple consumer credit reporting agencies, imposed under this Act, any other authority chase of the financial obligation, with which and does not maintain a permanent data conferred on it by law. the consumer has or had prior to assignment base of credit information from which new (e) PENALTIES.— an account or contract, including a demand consumer credit reports are produced. (1) IN GENERAL.—Notwithstanding section deposit account, or to whom the consumer (2) OTHER EXEMPTED ENTITIES.—The fol- 5(m) of the Federal Trade Commission Act issued a negotiable instrument, for the pur- lowing entities are not required to place a (15 U.S.C. 45(m)), the Commission may not poses of reviewing the account or collecting security freeze in a credit report: obtain a civil penalty under that section for the financial obligation owing for the ac- (A) A check services or fraud prevention a violation of this Act in excess of— count, contract, or negotiable instrument. services company, which issues reports on (A) $11,000 for each such individual; and (2) Any Federal, State or local agency, law incidents of fraud or authorizations for the (B) $11,000,000 in the aggregate for all such enforcement agency, trial court, or private purpose of approving or processing nego- individuals with respect to the same viola- collection agency acting pursuant to a court tiable instruments, electronic funds trans- tion. order, warrant, or subpoena. fers, or similar methods of payments. (2) OTHER AUTHORITY NOT AFFECTED.—Noth- (3) A child support agency or its agents or (B) A deposit account information service ing in this Act shall be construed to limit or assigns acting pursuant to subtitle D of title company, which issues reports regarding ac- affect in any way the Commission’s author- IV of the Social Security Act (42 U.S.C. et count closures due to fraud, substantial ity to bring enforcement actions or take any seq.) or similar State law. overdrafts, ATM abuse, or similar negative other measure under the Federal Trade Com- (4) The Department of Health and Human information regarding a consumer, to inquir- mission Act (15 U.S.C. 41 et seq.) or any other Services, a similar State agency, or the ing banks or other financial institutions for provision of law. agents or assigns of the Federal or State use only in reviewing a consumer request for (f) NO PRIVATE CAUSE OF ACTION.—Nothing agency acting to investigate medicare or a deposit account at the inquiring bank or fi- in this Act establishes a private cause of ac- medicaid fraud. nancial institution. tion against a covered entity for the viola- (5) The Internal Revenue Service or a State SEC. 5. ENFORCEMENT. tion of any provision of this Act. or municipal taxing authority, or a State de- (a) ENFORCEMENT BY COMMISSION.—Except (g) COMPLIANCE WITH GRAMM-LEACH-BLILEY partment of motor vehicles, or any of the as provided in subsection (c), this Act shall ACT.—Any person to which title V of the agents or assigns of these Federal, State, or be enforced by the Commission. Gramm-Leach-Bliley Act (15 U.S.C. 6801 et municipal agencies acting to investigate or (b) VIOLATION IS UNFAIR OR DECEPTIVE ACT seq.) applies shall be deemed to be in compli- collect delinquent taxes or unpaid court or- OR PRACTICE.—The violation of any provision ance with the notification requirements of ders or to fulfill any of their other statutory of this Act shall be treated as an unfair or this Act with respect to a breach of security responsibilities. deceptive act or practice proscribed under a if that person is in compliance with the noti- (6) The use of consumer credit information rule issued under section 18(a)(1)(B) of the fication requirements of that title with re- for the purposes of prescreening as provided Federal Trade Commission Act (15 U.S.C. spect to that breach of security. for by the Federal Fair Credit Reporting Act 57a(a)(1)(B)). SEC. 6. ENFORCEMENT BY STATE ATTORNEYS (15 U.S.C. 1681 et seq.). (c) ENFORCEMENT BY CERTAIN OTHER AGEN- GENERAL. (7) Any person or entity administering a CIES.—Compliance with this Act shall be en- (a) IN GENERAL.—A State, as parens credit file monitoring subscription to which forced under— patriae, may bring a civil action on behalf of the consumer has subscribed. (1) section 8 of the Federal Deposit Insur- its residents in an appropriate district court (8) Any person or entity for the purpose of ance Act (12 U.S.C. 1818), in the case of— of the United States to enforce the provi- providing a consumer with a copy of his or (A) national banks, and Federal branches sions of this Act, or to impose the civil pen- her credit report or credit score upon the and Federal agencies of foreign banks, by the alties authorized by section 5, whenever the consumer’s request. Office of the Comptroller of the Currency; attorney general of the State has reason to (h) FEES.— (B) member banks of the Federal Reserve believe that the interests of the residents of (1) IN GENERAL.—Except as provided in System (other than national banks), the State have been or are being threatened paragraph (2), a consumer credit reporting branches and agencies of foreign banks or adversely affected by a covered entity agency may charge a reasonable fee, as de- (other than Federal branches, Federal agen- that violates this Act or a regulation under termined by the Commission, for placing, re- cies, and insured State branches of foreign this Act. moving, or temporarily suspending a secu- banks), commercial lending companies (b) NOTICE.—The State shall serve written rity freeze on a consumer’s credit report. owned or controlled by foreign banks, and notice to the Commission (or other appro- (2) ID THEFT VICTIMS.—A consumer credit organizations operating under section 25 or priate Federal regulator under section 5) of reporting agency may not charge a fee for 25A of the Federal Reserve Act (12 U.S.C. 601 any civil action under subsection (a) prior to placing, removing, or temporarily sus- and 611), by the Board; and initiating such civil action. The notice shall pending a security freeze on a consumer’s (C) banks insured by the Federal Deposit include a copy of the complaint to be filed to credit report if— Insurance Corporation (other than members initiate such civil action, except that if it is (A) the consumer is a victim of identity of the Federal Reserve System) and insured not feasible for the State to provide such theft; and State branches of foreign banks, by the prior notice, the State shall provide such no- (B) the consumer has filed a police report Board of Directors of the Federal Deposit In- tice immediately upon instituting such civil with respect to the theft. surance Corporation; action. (i) LIMITATION ON INFORMATION CHANGES IN (2) section 8 of the Federal Deposit Insur- (c) AUTHORITY TO INTERVENE.—Upon re- FROZEN REPORTS.— ance Act (12 U.S.C. 1818), by the Director of ceiving the notice required by subsection (b), (1) IN GENERAL.—If a security freeze is in the Office of Thrift Supervision, in the case the Commission (or other appropriate Fed- place on a consumer’s credit report, a con- of a savings association the deposits of which eral regulator under section 5) may inter- sumer credit reporting agency may not are insured by the Federal Deposit Insurance vene in such civil action and upon inter- change any of the following official informa- Corporation; vening— tion in that credit report without sending a (3) the Federal Credit Union Act (12 U.S.C. (1) be heard on all matters arising in such written confirmation of the change to the 1751 et seq.) by the National Credit Union civil action; and consumer within 30 days after the change is Administration Board with respect to any (2) file petitions for appeal of a decision in made: Federal credit union; and such civil action. (A) Name. (4) the Securities and Exchange Act of 1934 (d) CONSTRUCTION.—For purposes of bring- (B) Date of birth. (15 U.S.C. 78a et seq.) by the Securities and ing any civil action under subsection (a), (C) Social Security number. Exchange Commission with respect to— nothing in this section shall prevent the at- (D) Address. (A) a broker or dealer subject to that Act; torney general of a State from exercising the (2) CONFIRMATION.—Paragraph (1) does not (B) an investment company subject to the powers conferred on the attorney general by require written confirmation for technical Investment Company Act of 1940 (15 U.S.C. the laws of such State to conduct investiga- modifications of a consumer’s official infor- 80a-1 et seq.); and tions or to administer oaths or affirmations mation, including name and street abbrevia- (C) an investment advisor subject to the or to compel the attendance of witnesses or tions, complete spellings, or transposition of Investment Advisers Act of 1940 (15 U.S.C. the production of documentary and other numbers or letters. In the case of an address 80b-1 et seq.). evidence.

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(e) VENUE; SERVICE OF PROCESS.—In a civil ‘‘(xi) No executive, legislative, or judicial (A) violates section 1028 of title 18, United action brought under subsection (a)— agency or instrumentality of the Federal States Code, or any provision of State law in (1) the venue shall be a judicial district in Government or of a State or political sub- pari materia; or which— division thereof (or person acting as an agent (B) results in economic loss to the indi- (A) the covered entity operates; of such an agency or instrumentality) may vidual whose sensitive personal information (B) the covered entity was authorized to do employ, or enter into a contract for the use was used. business; or or employment of, prisoners in any capacity (7) REVIEWING THE ACCOUNT.—The term ‘‘re- (C) where the defendant in the civil action that would allow such prisoners access to the viewing the account’’ includes activities re- is found; social security account numbers of other in- lated to account maintenance, monitoring, (2) process may be served without regard to dividuals. For purposes of this clause, the credit line increases, and account upgrades the territorial limits of the district or of the term ‘prisoner’ means an individual confined and enhancements. State in which the civil action is instituted; in a jail, prison, or other penal institution or (8) SENSITIVE PERSONAL INFORMATION.— and correctional facility.’’. (A) IN GENERAL.—Except as provided in (3) a person who participated with a cov- (2) TREATMENT OF CURRENT ARRANGE- subparagraphs (B) and (C), the term ‘‘sen- ered entity in an alleged violation that is MENTS.—In the case of— sitive personal information’’ means an indi- being litigated in the civil action may be (i) prisoners employed as described in vidual’s name, address, or telephone number joined in the civil action without regard to clause (xi) of section 205(c)(2)(C) of the Social combined with 1 or more of the following the residence of the person. Security Act (42 U.S.C. 405(c)(2)(C)), as added data elements related to that individual: (f) LIMITATION ON STATE ACTION WHILE by paragraph (1), on the date of enactment of (i) Social security number, taxpayer iden- FEDERAL ACTION IS PENDING.—If the Commis- this Act, and tification number, or employer identifica- sion (or other appropriate Federal agency (ii) contracts described in such clause in tion number. under section 5) has instituted a civil action effect on such date, (ii) Financial account number, or credit or an administrative action for violation of the amendment made by this section shall card or debit card number of such individual, this Act, no State attorney general, or offi- take effect 90 days after the date of enact- combined with any required security code, cial or agency of a State, may bring an ac- ment of this Act. access code, or password that would permit tion under this subsection during the pend- SEC. 9. INFORMATION SECURITY WORKING access to such individual’s account. ency of that action against any defendant GROUP. (iii) State driver’s license identification named in the complaint of the Commission (a) INFORMATION SECURITY WORKING number or State resident identification or the other agency for any violation of this GROUP.—The Chairman of the Commission number. Act alleged in the complaint. shall establish an Information Security (iv) Consumer credit report. (g) ENFORCEMENT OF STATE LAW.—Nothing Working Group to develop best practices to (v) Employee, faculty, student, or United contained in this section shall prohibit an protect sensitive personal information States armed forces serial number. authorized State official from proceeding in stored and transferred. The Working Group (vi) Genetic or biometric information. State court to enforce a civil or criminal shall be composed of industry participants, (vii) Mother’s maiden name. statute of such State. consumer groups, and other interested par- (B) FTC MODIFICATIONS.—The Commission SEC. 7. PREEMPTION OF STATE LAW. ties. may, through a rulemaking proceeding, des- (a) IN GENERAL.—This Act preempts any (b) REPORT.—Not later than 12 months ignate other identifying information that State or local law, regulation, or rule that after the date on which the Working Group may be used to effectuate identity theft as requires a covered entity— is established under subsection (a), the sensitive personal information for purposes (1) to develop, implement, or maintain in- Working Group shall submit to Congress a of this Act and limit or exclude any informa- formation security programs to which this report on their findings. tion described in subparagraph (A) from the Act applies; or SEC. 10. DEFINITIONS. definition of sensitive personal information (2) to notify individuals of breaches of se- In this Act: for purposes of this Act. curity regarding their sensitive personal in- (1) BREACH OF SECURITY.—The term (C) PUBLIC RECORDS.—Nothing in this Act formation. ‘‘breach of security’’ means unauthorized ac- prohibits a covered entity from obtaining, (b) LIABILITY.—This Act preempts any cess to and acquisition of data in any form aggregating, or using sensitive personal in- State or local law, regulation, rule, adminis- or format containing sensitive personal in- formation it lawfully obtains from public trative procedure, or judicial precedent formation that compromises the security or records in a manner that does not violate under which liability is imposed on a covered confidentiality of such information and es- this Act. entity for failure— tablishes a basis to conclude that a reason- SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (1) to implement and maintain an adequate able risk of identity theft to an individual There are authorized to be appropriated to information security program; or exists. the Commission $1,000,000 for each of fiscal (2) to notify an individual of any breach of (2) COMMISSION.—The term ‘‘Commission’’ years 2006 through 2010 to carry out this Act. security pertaining to any sensitive personal means the Federal Trade Commission. SEC. 12. EFFECTIVE DATES. information about that individual. (a) IN GENERAL.—Except as provided in (c) SECURITY FREEZE.—This Act preempts (3) CONSUMER CREDIT REPORTING AGENCY.— subsection (b), the provisions of this Act any State or local law, regulation, or rule The term ‘‘consumer credit reporting agen- take effect upon its enactment. that requires consumer reporting agencies to cy’’ means any person which, for monetary fees, dues, or on a cooperative nonprofit (b) PROVISIONS REQUIRING RULEMAKING.— impose a security freeze on consumer credit The Commission shall initiate 1 or more reports at the request of a consumer. basis, regularly engages in whole or in part in the practice of assembling or evaluating rulemaking proceedings under sections 2, 3, SEC. 8. SOCIAL SECURITY NUMBER PROTECTION. consumer credit information or other infor- and 4 within 45 days after the date of enact- (a) PROHIBITION OF UNNECESSARY SOLICITA- mation on consumers for the purpose of fur- ment of this Act. The Commission shall pro- TION OF SOCIAL SECURITY NUMBERS.—No cov- mulgate all final rules pursuant to those ered entity may solicit any social security nishing credit reports to third parties, and which uses any means or facility of inter- rulemaking proceedings within 1 year after number from an individual unless there is a the date of enactment of this Act. The provi- specific use of the social security number for state commerce for the purpose of preparing or furnishing credit reports. sions of sections 2, 3, and 4 shall take effect which no other identifier reasonably can be on the same date 6 months after the date on (4) COVERED ENTITY.—The term ‘‘covered used. which the Commission promulgates the last (b) PROHIBITION OF THE DISPLAY OF SOCIAL entity’’ means a sole proprietorship, partner- ship, corporation, trust, estate, cooperative, final rule under the proceeding or pro- SECURITY NUMBERS ON EMPLOYEE IDENTIFICA- ceedings commenced under the preceding association, or other commercial entity, and TION CARDS, ETC..— sentence. any charitable, educational, or nonprofit or- (1) IN GENERAL.—No covered entity may (c) PREEMPTION.—Section 7 shall take ef- display the social security number (or any ganization, that acquires, maintains, or uti- fect at the same time as sections 2, 3, and 4 derivative of such number) of an individual lizes sensitive personal information. take effect. (5) CREDIT REPORT.—The term ‘‘credit re- on any card or tag that is commonly pro- Mr. STEVENS. Mr. President, I am vided to employees (or to their family mem- port’’ means a consumer report, as defined in bers), faculty, staff, or students for purposes section 603(d) of the Federal Fair Credit Re- pleased to join Senators INOUYE, SMITH, of identification. porting Act (15 U.S.C. 1681a(p)), that is used MCCAIN, NELSON, and PRYOR in intro- (2) DRIVER’S LICENSES.—A State may not or expected to be used or collected in whole ducing a bipartisan bill to address the display the social security number of an in- or in part for the purpose of serving as a fac- growing perpetration of identity theft dividual on driver’s licenses issued by that tor in establishing a consumer’s eligibility against American consumers. The bi- State. for credit for personal, family or household partisan bill, the ‘‘Identity Theft Pro- (c) PROHIBITION OF INMATE ACCESS TO SO- purposes. tection Act,’’ is the product of two CIAL SECURITY ACCOUNT NUMBERS.— (6) IDENTITY THEFT.—The term ‘‘identity (1) IN GENERAL.—Section 205(c)(2)(C) of the theft’’ means the unauthorized acquisition, Commerce Committee hearings that Social Security Act (42 U.S.C. 405(c)(2)(C)), as purchase, sale, or use by any person of an in- featured testimony from businesses amended by subsection (b), is amended by dividual’s sensitive personal information that aggregate and sell consumer infor- adding at the end the following new clause: that— mation as a commodity, and the full

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8326 CONGRESSIONAL RECORD — SENATE July 14, 2005 Federal Trade Commission, FTC, which mitigate to the greatest extent pos- I ask unanimous consent that the recommended much of what is con- sible the occurrence of identity theft in text of this bill be printed in the tained in this legislation. this country, but without inhibiting an RECORD. The occurrence of identity theft in information sharing system that yields There being no objection, the bill was the United States has reached epidemic extraordinary benefits to every Amer- ordered to be printed in the RECORD, as proportions. The incidence of this ican. follows: crime rose 15 percent in 2002, and 80 S. 1409 percent in 2003. The FTC stated in Feb- By Ms. MURKOWSKI: Be it enacted by the Senate and House of Rep- ruary 2005 that each year nearly 10 mil- S. 1409. A bill to amend the Safe resentatives of the United States of America in lion Americans—or roughly 4.6 percent Drinking Water Act Amendments of Congress assembled, of the domestic adult population—are 1996 to modify the grant program to SECTION 1. GRANTS TO ALASKA TO IMPROVE victimized by identity thieves. The improve sanitation in rural and Native SANITATION IN RURAL AND NATIVE villages in the State of Alaska; to the VILLAGES. FTC indicates that physical and online Section 303 of the Safe Drinking Water Act identity theft accounted for 39 percent Committee on Environment and Public Amendments of 1996 (33 U.S.C. 1263a) is of the more than 635,000 consumer Works. amended— fraud complaints filed last year with Ms. MURKOWSKI. Mr. President, I (1) in subsection (b), by striking ‘‘50 per- the agency. The costs associated with rise to introduce a bill that will allow cent’’ and inserting ‘‘75 percent’’; and identity theft are enormous. In 2003, the Environmental Protection Agency (2) in subsection (e)— the FTC estimated that the losses to to continue to provide grant funding (A) by striking ‘‘$40,000,000’’ and inserting ‘‘$45,000,000’’; and businesses and financial institutions and technical assistance to small, rural communities in Alaska for critical (B) by striking ‘‘2005’’ and inserting ‘‘2010’’. due to identity theft totaled $48 billion, water and sewer projects. These rural f and the out-of-pocket losses to con- communities are only accessible by ei- sumers totaled $5 billion, which does AMENDMENTS SUBMITTED AND ther aircraft or boat. PROPOSED not take into account the average 300 This important funding was origi- hours spent by victims restoring their nally authorized as part of the Safe SA 1222. Mr. REID (for himself, Mr. LEVIN, good names. Drinking Water Act Amendments of Mr. ROCKEFELLER, Mr. BIDEN, and Mr. SCHU- This year alone, there have been at MER) proposed an amendment to the bill H.R. 1996 and was reauthorized in 2000. The least 43 reported information breaches 2360, making appropriations for the Depart- authorization for this program expires affecting potentially more than 9 mil- ment of Homeland Security for the fiscal at the end of fiscal year 2005. Every fis- lion Americans. This string of data year ending September 30, 2006, and for other cal year, the EPA transfers funding au- purposes. theft has focused the attention of Con- thorized by this program to the State SA 1223. Mr. FRIST proposed an amend- gress, consumers, and privacy pro- of Alaska’s Village Safe Water Pro- ment to the bill H.R. 2360, supra. SA 1224. Mr. REID (for Mr. BYRD (for him- ponents. It has raised questions con- gram, which is managed by the Alaska self and Ms. STABENOW)) proposed an amend- cerning the business practices of data Department of Environmental Con- brokers and whether consumers’ per- ment to the bill H.R. 2360, supra. servation. SA 1225. Mr. GREGG (for Mr. KENNEDY) sonal information is adequately pro- The water and sewer conditions in proposed an amendment to amendment SA tected from identity thieves. The dif- the villages in Alaska that still need 1139 proposed by Mr. SESSIONS (for himself ficulty of finding solutions to this and this critical funding rival the condi- and Mr. HATCH) to the bill H.R. 2360, supra. other types of identity theft is striking tions in rural communities in third f a balance between ensuring adequate world countries. For example, residents TEXT OF AMENDMENTS security of sensitive personal informa- in some villages in Alaska have to go tion while not inhibiting the legiti- to a central source in the community SA 1222. Mr. REID (for himself, Mr. mate free flow of information that is to get fresh water. This source is usu- LEVIN, Mr. ROCKEFELLER, Mr. BIDEN, vital to the domestic economy and law ally a well. Instead of flushing toilets, and Mr. SCHUMER) proposed an amend- enforcement. residents have to use a device called a ment to the bill H.R. 2360, making ap- The bill that we introduce today will ‘‘honeybucket.’’ This device is a large propriations for the Department of not end all identity theft. No legisla- bucket with a toilet seat on top. When Homeland Security for the fiscal year tion can accomplish that objective. But the honeybucket is full, it is usually ending September 30, 2006, and for this bill would require bolstered infor- dumped in a lagoon or on land. Some- other purposes; as follows: mation safeguards and ensure notifica- times, these dump locations are near At the appropriate place, insert the fol- tion of consumers whose sensitive per- sources of drinking water. lowing: sonal information has been acquired The Village Safe Water program has SEC. ll. No Federal employee who dis- without authorization. More specifi- closes, or has disclosed, classified informa- been a success over the years. Many tion, including the identity of a covert agent cally, the bill, among other things, homes in Alaska’s rural communities of the Central Intelligence Agency, to a per- would direct the FTC to develop rules now have plumbing due to funds au- son not authorized to receive such informa- that would require all covered entities thorized by this program. However, tion shall be permitted to hold a security that handle sensitive personal informa- thirty-three percent of homes in these clearance for access to such information. tion to develop, implement, and main- communities still do not have in-house tain appropriate safeguards to protect plumbing. It is unacceptable that the SA 1223. Mr. FRIST proposed an such information, and provide effective residents of these communities still do amendment to the bill H.R. 2360, mak- notice to consumers in the event of a not have access to conventional plumb- ing appropriations for the Department breach. The bill would limit the solici- ing in their homes in 2005. of Homeland Security for the fiscal tation of Social Security numbers by Earlier this year, the Office of Man- year ending September 30, 2006, and for covered entities, and restrict employ- agement and Budget published a Pro- other purposes; as follows: ers, State agencies, or educational in- gram Assessment Rating Tool report At the appropriate place, insert the fol- stitutions from displaying social secu- concerning this program. This report lowing: SEC. Any federal officeholder who makes rity numbers on identification tags for found several deficiencies concerning reference to a classified Federal Bureau of employees and students, and for drivers the administration of this program. Investigation report on the floor of the licenses. The bill also would allow con- However, I have been assured that the United States Senate, or any federal office- sumers to freeze their credit for a rea- EPA and the Alaska Department of En- holder that makes a statement based on an sonable fee to protect themselves from vironmental Conservation are working FBI agent’s comments which is used as prop- identity theft, and preempt similar closely together to correct these defi- aganda by terrorist organizations thereby State or local law in an effort to pro- ciencies. putting our servicemen and women at risk, It is imperative that we reauthorize shall not be permitted access to such infor- vide a uniform Federal standard rather mation or to hold a security clearance for than a patchwork of widely varying this critically important program be- access to such information. State or local laws. fore the end of this fiscal year. The I look forward to working with my health and well-being of rural Alaskans SA 1224. Mr. REID (for Mr. BYRD (for colleagues on legislation that will is at stake. himself and Ms. STABENOW)) proposed

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2005 CONGRESSIONAL RECORD — SENATE S8327 an amendment to the bill H.R. 2360, Susan P. Bodine, of Maryland, to be mittee on Indian Affairs be authorized making appropriations for the Depart- Assistant Administrator, Office of to meet on Thursday, July 14, 2005, at ment of Homeland Security for the fis- Solid Waste and Emergency Response, 2:30 p.m. in Room 430 of the Dirksen cal year ending September 30, 2006, and Environmental Protection Agency. Senate Office Building to conduct a for other purposes; as follows: Granta Y. Nakayama, of Virginia, to joint hearing with the Senate Com- On page 81, line 24, increase the first be Assistant Administrator, Office of mittee on Health, Education, Labor amount by $50,000,000. Enforcement & Compliance Assurance, and Pensions on S. 1057, the Indian On page 82, line 4, after ‘‘tion’’ insert ‘‘Pro- Environmental Protection Agency. Health Care Improvement Act Amend- vided further, That an additional $50,000,000 shall be available to carry out section 33 (15 The PRESIDING OFFICER. Without ments of 2005. U.S.C. 2229)’’. objection, it is so ordered. The PRESIDING OFFICER. Without On page 77, line 20, increase the amount by COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. $20,000,000. Mr. GREGG. Mr. President, I ask COMMITTEE ON VETERANS’ AFFAIRS On page 77, line 24, after ‘‘grants’’ insert ‘‘, and of which at least $20,000,000 shall be unanimous consent that the Com- Mr. GREGG. Mr. President, I ask available for interoperable communications mittee on Foreign Relations be author- unanimous consent that the Com- grants’’. ized to meet during the session of the mittee on Veterans’ Affairs be author- On page 85, line 18, after ‘‘expended’’ insert Senate on Thursday, July 14, 2005 at 3 ized to meet during the session of the ‘‘:Provided That the aforementioned sum p.m. to hold a hearing on Nominations. Senate on Thursday, July 14, 2005, for a shall be reduced by $70,000,000’’. The PRESIDING OFFICER. without hearing to consider the nominations of On page 82, line 21, strike 11$5,000,000’’ and insert ‘‘3,000,000’’. objection, it is so ordered. James P. Terry to be Chairman of the COMMITTEE ON HEALTH, EDUCATION, LABOR, Board of Veterans’ Appeals, Depart- SA 1225. Mr. GREGG (for Mr. KEN- AND PENSIONS ment of Veterans’ Affairs and Charles NEDY) proposed an amendment to Mr. GREGG. Mr. President, I ask S. Ciccolella to be Assistant Secretary amendment SA 1139 proposed by Mr. unanimous consent that the Com- for Veterans’ Employment and Train- SESSIONS (for himself and Mr. HATCH) mittee on Health, Education, Labor, ing, Department of Labor. to the bill H.R. 2360, making appropria- and Pensions and the Indian Affairs The hearing will take place in Room tions for the Department of Homeland Committee be authorized to hold a 418 of the Russell Senate Office Build- Security for the fiscal year ending Sep- joint hearing during the session of the ing at 10:30 a.m. tember 30, 2006, and for other purposes; Senate on Thursday, July 14, 2005 at The PRESIDING OFFICER. Without as follows: 2:30 p.m. in SD–430. objection, it is so ordered. On page 1, line 8 of the amendment, after The PRESIDING OFFICER. Without SELECT COMMITTEE ON INTELLIGENCE the word ‘‘database’’, insert ‘‘of which no objection, it is so ordered. Mr. GREGG. Mr. President, I ask less than $2,000,000 shall be for the Legal Ori- COMMITTEE ON HOMELAND SECURITY AND entation Program.’’ unanimous consent that the Select GOVERNMENTAL AFFAIRS Committee on Intelligence be author- f Mr. GREGG. Mr. President, I ask ized to meet during the session of the AUTHORITY FOR COMMITTEES TO unanimous consent that the Com- Senate on July 14, 2005 at 2:30 p.m. to MEET mittee on Homeland Security and Gov- hold a closed briefing. COMMITTEE ON BANKING, HOUSING, AND URBAN ernmental Affairs be authorized to The PRESIDING OFFICER. Without AFFAIRS meet on Thursday, July 14, 2005, at 1:30 objection, it is so ordered. Mr. GREGG. Mr. President, I ask p.m., for a hearing titled, ‘‘Department SUBCOMMITTEE ON BIOTERRORISM AND PUBLIC unanimous consent that the Com- of Homeland Security: Second Stage HEALTH PREPAREDNESS mittee on Banking, Housing, and Review.’’ Mr. GREGG. Mr. President, I ask Urban Affairs be authorized to meet The PRESIDING OFFICER. Without unanimous consent that the Sub- during the session of the Senate on objection, it is so ordered. committee on Bioterrorism and Public July 14, 2005, at 10 a.m., to conduct a COMMITTEE ON THE JUDICIARY Health Preparedness, be authorized to hearing on ‘‘The Department of Treas- Mr. GREGG. Mr. President, I ask hold a hearing during the session of the ury’s report to Congress entitled: ‘As- unanimous consent that the Com- Senate on Thursday, July 14th at 10 sessment: The Terrorism Risk Insur- mittee on the Judiciary be authorized a.m. in SD–430. ance Act of 2002.’ ’’ to meet to conduct a markup on Thurs- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without day, July 14, 2005 at 9:30 a.m., in the objection, it is so ordered. objection, it is so ordered. Senate Dirksen Office Building, Room SUBCOMMITTEE ON NATIONAL PARKS COMMITTEE ON ENERGY AND NATURAL 226. Mr. GREGG. Mr. President, I ask RESOURCES I. Bills: S. 1088, Streamlined Proce- unanimous consent that the Sub- Mr. GREGG. Mr. President, I ask dures Act of 2005—KYL, CORNYN, GRASS- committee on National Parks be au- unanimous consent that the Com- LEY; S. ll, Personal Data Privacy and thorized to meet during the session of mittee on Energy and Natural Re- Security Act of 2005—SPECTER, LEAHY; the Senate on Thursday, July 14 at 2:30 sources be authorized to meet during S. 751, Notification of Risk to Personal p.m. the session of the Senate on Thursday, Data Act—FEINSTEIN; S. 1326, Notifica- The purpose of the hearing is to re- July 14 at 10 a.m. tion of Risk to Personal Data Act— The purpose of the hearing is to con- view the national park service’s busi- SESSIONS; S. 155, Gang Prevention and sider the nominations of R. Thomas ness strategy for operation and man- Effective Deterrence Act of 2005—FEIN- Weimer to be an Assistant Secretary of agement of the national park system, STEIN, HATCH, GRASSLEY, CORNYN, KYL, the Interior for Policy, Management including development and implemen- SPECTER; S. 103, Combat Meth Act of and Budget, and Mark A. Limbaugh to tation of business plans, use of business 2005—TALENT, FEINSTEIN, KOHL; S. 1086, be an Assistant Secretary of the Inte- consultants, and incorporating busi- A Bill to Improve the National Pro- rior for Water and Science. ness practices into day-to-day oper- The PRESIDING OFFICER. Without gram to Register and Monitor Individ- ations. objection, it is so ordered. uals Who Commit Crimes Against Chil- The PRESIDING OFFICER. Without dren or Sex Offenses—HATCH, BIDEN; S. COMMITTEE ON ENVIRONMENT AND PUBLIC objection, it is so ordered. WORKS 956, Jetseta Gage Prevention and De- SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT Mr. GREGG. Mr. President, I ask terrence of Crimes Against Children MANAGEMENT, THE FEDERAL WORKFORCE AND unanimous consent that the Com- Act of 2005—GRASSLEY, KYL, CORNYN. THE DISTRICT OF COLUMBIA mittee on Environment and Public II. Matters: Senate Judiciary Com- Mr. GREGG. Mr. President, I ask Works, be authorized to hold a hearing mittee Rules. unanimous consent that the Sub- July 14, 2005 at 9:30 a.m. on the fol- The PRESIDING OFFICER. Without committee on Oversight of Government lowing pending nominations: objection, it is so ordered. Management, the Federal Workforce, Marcus A. Peacock, of Minnesota, to COMMITTEE ON INDIAN AFFAIRS and the District of Columbia be author- be Deputy Administrator of the Envi- Mr. GREGG. Mr. President, I ask ized to meet on Thursday, July 14, 2005 ronmental Protection Agency. unanimous consent that the Com- at 9:30 a.m. for a hearing entitled,

VerDate Mar 15 2010 20:43 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14JY5.REC S14JY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8328 CONGRESSIONAL RECORD — SENATE July 14, 2005 ‘‘Danger in the District: How Prepared S. 335 fered either Friday or next Monday to Is the National Capital Region?’’ Be it enacted by the Senate and House of the Foreign Operations bill. The PRESIDING OFFICER. Without Representatives of the United States of America We are also attempting to clear some objection, it is so ordered. in Congress assembled, executive nominations, and a vote or SUBCOMMITTEE ON PERSONNEL SECTION 1. REAUTHORIZATION OF THE CON- votes may be necessary early next GRESSIONAL AWARD ACT. week on those nominations. Mr. GREGG. Mr. President, I ask (a) EXTENSION OF REQUIREMENTS REGARD- unanimous consent that the Sub- ING FINANCIAL OPERATIONS OF CONGRESSIONAL f committee on Personnel be authorized AWARD PROGRAM; NONCOMPLIANCE WITH RE- ADJOURNMENT UNTIL 9:30 A.M. to meet during the session of the Sen- QUIREMENTS.—Section 104(c)(2)(A) of the Con- ate on July 14, 2005, at 9:30 a.m., in gressional Award Act (2 U.S.C. 804(c)(2)(A)) is TOMORROW open session to receive testimony on amended by striking ‘‘and 2004’’ and insert- Mr. MCCONNELL. Mr. President, if military justice and detention policy ing ‘‘2004, 2005, 2006, 2007, 2008, and 2009’’. there is no further business to come be- in the Global War on Terrorism. (b) TERMINATION.— fore the Senate, I ask unanimous con- (1) IN GENERAL.—Section 108 of the Con- The PRESIDING OFFICER. Without gressional Award Act (2 U.S.C. 808) is amend- sent that the Senate stand in adjourn- objection, it is so ordered. ed by striking ‘‘October 1, 2004’’ and insert- ment under the previous order. f ing ‘‘October 1, 2009’’. There being no objection, the Senate, (2) SAVINGS PROVISION.—During the period at 8:21 p.m., adjourned until Friday, PRIVILEGE OF THE FLOOR of October 1, 2004, through the date of the en- July 15, 2005, at 9:30 a.m. actment of this section, all actions and func- Mr. CORNYN. I ask unanimous con- f sent to extend privileges of the floor tions of the Congressional Award Board for the remainder of the first session of under the Congressional Award Act (2 U.S.C. NOMINATIONS 801 et seq.) shall have the same effect as the 109th Congress to Brian though no lapse or termination of the Board Executive nominations received by Fitzpatrick, a fellow in my staff. ever occurred. the Senate July 14, 2005: The PRESIDING OFFICER. Without (c) TECHNICAL AMENDMENTS.—The Congres- DEPARTMENT OF HOMELAND SECURITY objection, it is so ordered. sional Award Act is amended— STEWART A. BAKER, OF VIRGINIA, TO BE AN ASSIST- Mr. HARKIN. Mr. President, I ask (1) in section 103 (2 U.S.C. 803)— ANT SECRETARY OF HOMELAND SECURITY. (NEW POSI- unanimous consent that Chris Hall of (A) in subsection (a)(1) (B) and (C), by TION) striking ‘‘a a local’’ and inserting ‘‘a local’’; TRACY A. HENKE, OF MISSOURI, TO BE EXECUTIVE DI- my staff be granted the privileges of RECTOR OF THE OFFICE OF STATE AND LOCAL GOVERN- the floor for the duration of today’s and MENT COORDINATION AND PREPAREDNESS, DEPART- (B) in subsection (b)(3)(B), by striking MENT OF HOMELAND SECURITY, VICE C. SUZANNE session. ‘‘section’’ each place it appears and inserting MENCER, RESIGNED. The PRESIDING OFFICER. Without ‘‘subsection’’; and IN THE AIR FORCE objection, it is so ordered. (2) in section 104(c)(2)(A) (2 U.S.C. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f 804(c)(2)(A)), by inserting a comma after IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ‘‘1993’’. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION MEASURE PLACED ON 601: CALENDAR—S. 1394 f To be general ORDER FOR PRINTING—H.R. 6 Mr. MCCONNELL. Mr. President, I LT. GEN. DUNCAN J. MCNABB, 0000 understand there is a bill at the desk Mr. MCCONNELL. Mr. President, I IN THE MARINE CORPS that is ready for a second reading. ask unanimous consent that H.R. 6 be THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. The printed as passed. IN THE UNITED STATES MARINE CORPS TO THE GRADE clerk will read the bill for the second INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- The PRESIDING OFFICER. Without TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., time. objection, it is so ordered. SECTION 601: The legislative clerk read as follows: f To be lieutenant general A bill (S. 1394) to reform the United Na- MAJ. GEN. JOHN F. GOODMAN, 0000 tions, and for other purposes. ORDERS FOR FRIDAY, JULY 15, 2005 IN THE NAVY C Mr. M CONNELL. Mr. President, in Mr. MCCONNELL. Mr. President, I THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT order to place the bill on the calendar ask unanimous consent that when the TO THE GRADE INDICATED IN THE UNITED STATES NAVY under rule XIV, I object to further pro- Senate completes its business today, it UNDER TITLE 10, U.S.C., SECTION 624: ceedings. stand in adjournment until 9:30 a.m. To be commander The PRESIDING OFFICER. Objec- tomorrow, July 15. I further ask that WILLIAM D. BRYAN, 0000 JAMES R. PELTIER, 0000 tion is heard. The bill will be placed on following the prayer and pledge, the BILLY W. SLOAN, 0000 the calendar. morning hour be deemed expired, the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT f Journal of proceedings be approved to TO THE GRADE INDICATED IN THE UNITED STATES NAVY date, the time for the two leaders be UNDER TITLE 10, U.S.C., SECTION 624: REAUTHORIZATION OF THE reserved, and the Senate then begin a To be commander CONGRESSIONAL AWARD ACT period for morning business until 10 BRUCE H. BOYLE, 0000 JON J. BRZEK, 0000 Mr. MCCONNELL. Mr. President, I a.m., with Senators permitted to speak GARY W. CLORE, 0000 ask unanimous consent that the Sen- for up to 10 minutes each; provided fur- ALFONSO J. CONCHA, 0000 WAYNE A. MACRAE, 0000 ate proceed to the immediate consider- ther that at 10 a.m., the Senate proceed PHILIP J. PELIKAN, 0000 ation of Calendar No. 136, S. 335. to the consideration of Calendar No. LYNN E. PETERSON, 0000 LOUIS ROSA, 0000 The PRESIDING OFFICER. The 158, H.R. 3057, the Foreign Operations JONATHAN M. SMITH, 0000 clerk will state the bill by title. bill, as provided under the previous BRADLEY E. TELLEEN, 0000 The legislative clerk read as follows: order. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY A bill (S. 335) to reauthorize the Congres- The PRESIDING OFFICER. Without UNDER TITLE 10, U.S.C., SECTION 624: sional Award Act. objection, it is so ordered. To be commander There being no objection, the Senate f JEFFREY G. ANT, 0000 proceeded to consider the bill. SPIROS APOSTOLAKIS, 0000 Mr. MCCONNELL. Mr. President, I PROGRAM BRIAN E. BEHARRY, 0000 FRANK A. BIVINS, 0000 ask unanimous consent that the bill be Mr. MCCONNELL. Mr. President, to- DANIEL A. BROWN, 0000 read the third time and passed, the mo- morrow, the Senate will begin consid- PETER C. COLELLA, 0000 MASOUD EGHTEDARI, 0000 tion to reconsider be laid upon the eration of the Foreign Operations ap- ADOLPH C. GARZA, 0000 table, and that any statements relating propriations bill. Senator LEAHY and I SCOTT E. HALUSKA, 0000 NADJMEH M. HARIRI, 0000 to the bill be printed in the RECORD. will be here and ready for amendments. JAMES M. HILL, 0000 The PRESIDING OFFICER. Without However, no votes will occur tomor- JONATHAN B. JUNKIN, 0000 NEVANNA I. KOICHEFF, 0000 objection, it is so ordered. row. The next vote will be on Monday JOSEPH B. MICHAEL, 0000 The bill (S. 335) was read the third about 5:30 p.m. I anticipate the vote JOSEPH D. MOLINARO, 0000 JOHN P. MOON, 0000 time and passed, as follows: will be in relation to an amendment of- KEVIN T. PRINCE, 0000

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BRIAN K. RITTER, 0000 MARK A. FRIERMOOD, 0000 ERIC J. KASOWSKI, 0000 FLOYD I. SANDLIN III, 0000 FRANK W. FUTCHER, 0000 MICHAEL D. KAZEL, 0000 GEORGE D. SELLOCK, 0000 RONALDO D. GIVENS, 0000 JANET R. KEAIS, 0000 BRADLEY J. SMITH, 0000 MARK R. GOODRICH, 0000 SEAN R. KELLY, 0000 JONATHAN M. STAHL, 0000 THOMAS J. GORMAN, JR., 0000 LISA A. KELTY, 0000 JERRY TORRES, 0000 JAMES C. GOUDREAU, 0000 MATHIAS J. KILL, 0000 SAM J. WESTOCK, 0000 PHILIPPE J. GRANDJEAN, 0000 MARK KOSTIC, 0000 BENJAMIN W. YOUNG, JR., 0000 LESLIE T. HUFFMAN, 0000 LORI M. KREVETSKI, 0000 TIMOTHY R. JETT, 0000 GRAINGER S. LANNEAU, JR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STACEY L. JONES, 0000 DAVID S. LESSER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY BERNARD D. KNOX, 0000 CHRISTOPHER T. LEWIS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: EMERY J. KUTNEY, JR., 0000 TINA T. LIEBIG, 0000 To be commander DAVID J. LARAMIE, 0000 MATTHEW L. LIM, 0000 ANDREA L. LEMON, 0000 GEORGE P. LINVILLE, 0000 SYED N. AHMAD, 0000 JEFFERY J. MASON, 0000 ROBERT J. LIPSITZ, 0000 WILLIAM M. BOLAND, 0000 ANDREW M. MATTHEWS, 0000 JOHN W. LOVE, 0000 JEFFREY C. CASLER, 0000 GARY A. MCINTOSH, 0000 SCOTT A. LUZI, 0000 FRANK A. COLON, 0000 MAURICE F. MEAGHER, 0000 TODD J. MAY, 0000 DAVID E. DOW, 0000 PHILIP A. MURPHY-SWEET, 0000 MICHAEL T. MAZUREK, 0000 DANIEL E. ELDREDGE, 0000 RICHARD NALWASKY, 0000 KEVIN F. MCCARTHY, 0000 CHRISTOPHER C. FRENCH, 0000 PATRICK J. OCONNOR, 0000 JEFFREY D. MCGUIRE, 0000 BARRY L. HARRISON, 0000 CHRISTOPHER D. PARKER, 0000 DAVID B. MCLEAN, 0000 DAVID M. HARRISON, 0000 KERRY L. PEARSON, 0000 WENDELL Q. MEW, 0000 ANDREW H. HENDERSON, 0000 PAUL P. RABANAL, 0000 DEANA J. MILLER, 0000 LAWRENCE D. HILL, JR., 0000 GERALD P. RAIA, 0000 ELIZABETH A. MORAN, 0000 SHELBY L. HLADON, 0000 JOHN M. RYAN, 0000 KENNETH F. MORE, 0000 JEFFREY A. SCHMIDT, 0000 MARY C. L. HORRIGAN, 0000 LORRAINE S. NADKARNI, 0000 ERIC J. SCHOCH, 0000 ALBERT S. JANIN IV, 0000 BENFORD O. NANCE, 0000 WILLIAM W. SCOTT, JR., 0000 ROBERT F. JOHNSON, 0000 THOMAS J. NELSON, 0000 EDWARD M. SHINE, 0000 FRANK T. KATZ, 0000 PETER J. PARK, 0000 ERIC S. STUMP, 0000 JAMES C. KRASKA, 0000 ROBIN J. PARKER, 0000 ALVIN L. SWAIN, JR., 0000 KRISTIN E. KUBAS, 0000 SHELLEY K. PERKINS, 0000 TROY D. TERRONEZ, 0000 ANGELA S. MILLER, 0000 KYLE PETERSEN, 0000 JOHN B. THERIAULT, 0000 JILLIAN L. MORRISON, 0000 MATTHEW M. POGGI, 0000 THOMAS J. VERRY, 0000 MARY E. B. MOSS, 0000 RODNEY C. PRAY, 0000 TODD E. WASHINGTON, 0000 KEVIN R. ONEIL, 0000 CHRISTOPHER H. REED, 0000 KURT J. WENDELKEN, 0000 ROBERT J. ONEILL, 0000 PAUL L. REED, 0000 MARTY T. WILLIAMS, 0000 TRACY V. RIKER, 0000 EDWARD A. REEDY, 0000 DIANA J. WILSON, 0000 LISA B. SULLIVAN, 0000 AMY M. REESE, 0000 RAYMOND P. WILSON, 0000 SCOTT F. THOMPSON, 0000 PAUL B. ROACH, 0000 TODD E. YANIK, 0000 DAVID G. WILSON, 0000 ALLISON J. ROBINSON, 0000 BARBARA H. ZELIFF, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS D. ROBINSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY KIMBERLY W. ROMAN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: ANDREW A. RUSNAK, 0000 UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL B. RUSSO, 0000 To be commander HERMAN M. SACKS, 0000 To be commander THOMAS C. ALEWINE, 0000 MCHUGH L. A. SAVOIA, 0000 JAMES W. SCHAFFER, 0000 ANTHONY A. ARITA, 0000 ADAM W. ARMSTRONG, 0000 MARK A. SCHMIDHEISER, 0000 DALE A. BAKER, 0000 JONATHAN G. BAKER, 0000 KATHRYN SCHMIDT, 0000 BRYAN L. BELL, 0000 CHARLES R. BENSON, 0000 ERIK J. SCHWEITZER, 0000 KEVIN R. BRADSHAW, 0000 MARK D. BENTON, 0000 KIRBY J. SCOTT, 0000 EDDY R. BUENO, 0000 ERIK W. BERGMAN, 0000 CRAIG S. SELF, 0000 DAVID T. CLONTZ, 0000 DAVID T. BEVERLY IV, 0000 GEORGE J. SEMPLE, 0000 STEPHEN L. COOLEY, 0000 MICHAEL A. BIDUS, 0000 ERIC M. SERGIENKO, 0000 ERIC E. CUNHA, 0000 TRACY R. BILSKI, 0000 DAVID SHAPIRO, 0000 DONNA L. DAVISURGO, 0000 STEVEN M. BLACKWELL, 0000 CRAIG D. SHEPPS, 0000 DOUGLAS H. DOUGHTY, JR., 0000 STEVEN J. BLIVIN, 0000 WILLIAM T. SHIMEALL, 0000 LYNN T. DOWNS, 0000 DAVID C. BLOOM, 0000 ALFRED F. SHWAYHAT, 0000 DEBRA L. DUNCAN, 0000 TAMMY L. K. BLOOM, 0000 PATRICK L. SINOPOLE, 0000 LEE A. FORDYCE, 0000 PRODROMOS G. BORBOROGLU, 0000 LLOYD W. SLOAN, 0000 TYRONE E. GILMORE, 0000 RUSTY C. BRAND, 0000 CLIFFORD L. SMITH, 0000 PEDRO G. GUZMAN, 0000 RONALD B. BURBANK, 0000 CAROL SOLOMON, 0000 ERIC R. HALL, 0000 LLOYD G. BURGESS, 0000 DANIEL J. SOLOMON, 0000 ROY L. HENDERSON, 0000 TIMOTHY H. BURGESS, 0000 BRETT V. SORTOR, 0000 BRIAN M. HERSHEY, 0000 EDWARD G. BUTLER II, 0000 SEAN D. SULLIVAN, 0000 EDWARD J. HILYARD, 0000 DONALD R. CARR, 0000 JOANNE M. SUTTON, 0000 KURT J. HOUSER, 0000 WILLIAM R. CARTER, 0000 FREDERIC R. SYLVIA, 0000 BARBARA R. IDONE, 0000 ROBERT A. CATANIA, 0000 BRUCE J. TAYLOR, JR., 0000 STEVEN M. JEFFS, 0000 JEFFREY J. CAVENDISH, 0000 JIM T. TRAN, 0000 JOHN A. LAMBERTON, 0000 DOUGLAS D. CLARKE, 0000 JACK W. L. TSAO, 0000 MARCUS S. LARKIN, 0000 JEFFREY C. CLEARY, 0000 PATRICIA F. TURNER, 0000 CARLOS I. LEBRON, 0000 PATRICK W. CLYDE, 0000 ANDREW F. VAUGHN, 0000 RICHARD E. MAKARSKI, 0000 EUGENIO G. CONCEPCION II, 0000 TODD L. WAGNER, 0000 RONALD R. MARTEL, 0000 ANTHONY A. CORSINI, 0000 GRANT C. WALLACE, 0000 SHIRLEY A. MAXWELL, 0000 SCOTT A. COTA, 0000 DAVID K. WEBER, 0000 DAVID L. MCKAY, 0000 SAMUEL D. CRITIDES, JR., 0000 STEVEN E. WEINSTEIN, 0000 DAVID D. MULLARKEY, 0000 GILBERT M. CSUJA, 0000 KENNETH WELLS, 0000 BRADLEY B. PHILLIPS, 0000 LESLIE D. CUNNINGHAM, 0000 ROLAND O. WILLOCK, 0000 WENDY H. PINKHAM, 0000 SURJYA P. DAS, 0000 CHARLES E. WILSON, 0000 JACQUELINE PRUITT, 0000 SCOTT M. DEEDS, 0000 JEFFREY WINEBRENNER, 0000 SHANNON D. PUTNAM, 0000 NANCY R. DELANEY, 0000 DIANA B. WISEMAN, 0000 LYNDA M. RACE, 0000 PAUL J. DEMIERI, 0000 DOUGLAS YIM, 0000 STEPHEN T. RICHARDSON, 0000 DARIN L. DINELLI, 0000 TARA J. ZIEBER, 0000 CORAZON D. ROGERS, 0000 GERALD F. DONOVAN, 0000 GLORIA A. RUSSELL, 0000 BARBARA J. DROBINA, 0000 FOREIGN SERVICE GEORGE B. SCHOELER, 0000 MARGARET T. DUPREE, 0000 GINA M. SIEGWORTH, 0000 GREGORY D. EBERHART, 0000 THE FOLLOWING-NAMED PERSONS OF THE AGENCIES PETER P. TOLAND, JR., 0000 KURT R. EICHENMULLER, 0000 INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- CAMERON L. WAGGONER, 0000 CARL C. EIERLE, 0000 FICERS OF THE CLASS STATED. FOR APPOINTMENT AS THOMAS C. WHIPPEN, 0000 ERIC A. ELSTER, 0000 FOREIGN SERVICE OFFICER OF CLASS THREE, CONSULAR LINDA D. YOUBERG, 0000 DAN E. FISHER, 0000 OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE BRIAN T. FITZGERALD, 0000 OF THE UNITED STATES OF AMERICA: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KIM M. FORMAN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN J. FROIO, 0000 DEPARTMENT OF STATE UNDER TITLE 10, U.S.C., SECTION 624: KIRK P. GASPER, 0000 DEANNA HANEK ABDEEN, OF VIRGINIA To be commander ERIC M. GESSLER, 0000 SAWSAN GHURANI, 0000 FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF JAMES T. ALBRITTON, 0000 CARLOS D. GODINEZ, 0000 CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN ROGELIO E. ALVAREZ, 0000 MARK M. GOTO, 0000 THE DIPLOMATIC SERVICE OF THE UNITED STATES OF PAUL A. AMODIO, 0000 JONATHAN C. GROH, 0000 AMERICA: STEPHEN E. ARMSTRONG, 0000 JAY R. GROVE, 0000 DEPARTMENT OF STATE ELIZABETH A. BEATY, 0000 JAMES M. GRUESKIN, 0000 EDWIN F. BOGDANOWICZ, 0000 CARLOS GUEVARRA, 0000 WORTH SHIPLEY ANDERSON, OF VIRGINIA GREGORY L. BOOTH, 0000 TIMOTHY W. HALENKAMP, 0000 ERIN PATRICIA ANNA, OF COLORADO ROBERT A. BROOKS, JR., 0000 GREGORY P. HARBACH, 0000 JEFFREY A. ARNOLD, OF WASHINGTON JEFFREY C. BROWN, 0000 JOHN V. HARDAWAY, 0000 JOHN M. ASHWORTH, OF TEXAS KYLE A. BRYAN, 0000 JAMES F. HARRIS, 0000 KURT WILLIAM AUFDERHEIDE, OF VIRGINIA EDWARD T. BUTZIRUS, 0000 STELLA M. HAYES, 0000 RAFFI V. BALIAN, OF VIRGINIA JOHN D. CASSANI, 0000 RUSSELL B. HAYS, JR., 0000 MICHAEL JUSTIN BELGRADE, OF CALIFORNIA WANDA A. CORNELIUS, 0000 KEITH G. HOLLEY, 0000 DAVID B. BERNS, OF THE DISTRICT OF COLUMBIA TIMOTHY L. DANIELS, 0000 KARINE M. HOLLISPERRY, 0000 THOMAS BOUGHTER, OF PENNSYLVANIA DAVID L. DEVLIN, 0000 CHRIS B. HYUN, 0000 JEFFERY L. BOURNES, OF VIRGINIA STANLEY DOBBS, 0000 ROBERT D. JACKSON, 0000 JASON A. BRENDEN, OF MINNESOTA SONYA I. EBRIGHT, 0000 RICHARD H. JADICK, 0000 JOHN EDWARD CAVENESS, OF GEORGIA KRISTEN B. FABRY, 0000 CHRISTINE L. JOHNSON, 0000 VALERIE JUDITH CHITTENDEN, OF MARYLAND KENNETH FINLEY, 0000 ROBERT W. JOHNSON, 0000 BRENT T. CHRISTENSEN, OF TEXAS

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ANTHONY WAYNE CLARE, OF COLORADO JAMES S. CRAMER, OF VIRGINIA MAUREEN B. LATOUR, OF CALIFORNIA THOMAS CLIFTON DANIELS, OF TEXAS ROBERT W. DUNN, OF MISSOURI MATTHEW LLOYD LEE, OF VIRGINIA PAUL STUART DEVER, OF FLORIDA DEPARTMENT OF STATE JEAN B. LEEDY, OF TEXAS DION SHANNON DORSEY, OF TEXAS CHRISTINE LEHNERT, OF VIRGINIA JEAN C. DUGGAN, OF NEW YORK STACY ADESSO, OF VIRGINIA MATTHEW WILLIAM LEWIS, OF MARYLAND BRINILLE ELIANE ELLIS, OF NEW YORK JAMAL A. AL-MUSSAWI, OF VIRGINIA AMANDA J. LILLIS, OF VIRGINIA MICHAEL PATRICK ELLSWORTH, OF CONNECTICUT JONATHAN T. AUSTIN, OF MINNESOTA CARMELIA CYNTHIA MACFOY, OF ARKANSAS HEIDI BARTLETT EVANS, OF ALABAMA JENNIFER A. BAH, OF ALABAMA RONITA M. MACKLIN, OF MARYLAND JASON S. EVANS, OF OKLAHOMA MATTHEW BARAZIA, OF VIRGINIA KATRINA MARTIN, OF VIRGINIA RALPH W. FALZONE, OF MARYLAND FRANZ C. BAUERLEIN, OF VIRGINIA DANIEL S. MATTERN, OF INDIANA SCOTT GENE FEEKEN, OF KANSAS JOHN C. BELLAIS, OF VIRGINIA MARK S. MENEFEE, OF CALIFORNIA TRESSA RAE FINERTY, OF NEW YORK TODD BENSON, OF VIRGINIA RUSSELL MENYHART, OF INDIANA NATASHA S. FRANCESCHI, OF CALIFORNIA ERIK WAYNE BLACK, OF CALIFORNIA CHRISTOPHER MERRILL, OF THE DISTRICT OF COLUMBIA MICHAEL GARCIA, OF FLORIDA MARK MELLAS BLISS, OF GEORGIA STEPHEN ANDREW GUICE, OF TENNESSEE NATHAN JAMES BOYACK, OF WASHINGTON BEVERLEY M. MITCHELL, OF NORTH CAROLINA HEIDI LYNN HANNEMAN, OF VIRGINIA CAMERON T. BRADFORD, OF VIRGINIA KENNETH A. MOSKOW, OF THE DISTRICT OF COLUMBIA WILLIAM C. HENDERSON, OF VIRGINIA JAMES M. BREDECK, OF FLORIDA HART GABRIEL NELSON, OF MISSOURI IAN T. HILLMAN, OF IOWA CHRISTOPHER JUSTIN BROWN, OF VIRGINIA MARLENE MONFILETTO NICE, OF FLORIDA BELINDA K. JACKSON, OF VIRGINIA BETH ANN BROWNSON, OF NEW YORK TIMOTHY P. O’CONNOR, OF PENNSYLVANIA MARC CHRISTOPHER JACKSON, OF VIRGINIA MARY E. BUTCHKA, OF VIRGINIA SOOHEE OH, OF VIRGINIA BERNT B. JOHNSON, OF FLORIDA ALEXANDER B. CANTOR, OF THE DISTRICT OF COLUMBIA PAUL M. ONDIAK, OF VIRGINIA JENNIFER L. JOHNSON, OF FLORIDA SUSAN MARIE CARL, OF ALASKA MATTHEW S. PAPE, OF VIRGINIA ILA S. JURISSON, OF ARIZONA LEWIS ANTHONY CARROLL, OF NORTH CAROLINA DARBY A. PARLIAMENT, OF COLORADO MICHAEL CHRISTOPHER KATULA, OF RHODE ISLAND GLENN RICHARD CHAFETZ, OF VIRGINIA CHRISTOPHER BRENT PATCH, OF UTAH COLLEEN PHALEN KELLY, OF KENTUCKY JOSEPH FRANCIS CIAVOLA, OF THE DISTRICT OF COLUM- MARGARET HOLLIS PEIRCE, OF FLORIDA ROBERT D. KING, OF MASSACHUSETTS BIA ELLEN PETERSON, OF NEW YORK BROOKE E. KNOBEL, OF KANSAS ALEX COLON, OF VIRGINIA JOHN PETTE, OF GEORGIA KEISHA KAMILLE LAFAYETTE, OF ALASKA JENNY REBECCA CORDELL, OF TEXAS MARK ANTHONY PETZOLT, OF VIRGINIA MELISSA J. LAN, OF MICHIGAN PRESTON W. CRISS, OF VIRGINIA JOSIAH THOMAS PIERCE, OF WYOMING LYNETTE C. LINDSEY, OF IOWA JAN MARLYS CUNNINGHAM, OF MARYLAND MOLLY KATHLEEN PLEDGE, OF VIRGINIA CASEY KENT MACE, OF COLORADO NATHAN R. DEAMES, OF VIRGINIA PETER LUKE POLLIS, OF MICHIGAN ELIZABETH A. MADER, OF PENNSYLVANIA RACHEL ALEXANDRA DEAN, OF VIRGINIA JEFFREY N. POWELL, OF VIRGINIA PEDRO JOSE MARTIN, OF FLORIDA ANTHONY A. DEATON, OF CONNECTICUT CHRISTOPHER A. REPOLI, OF VIRGINIA KAREN MAUREEN MCCREA, OF CALIFORNIA SARAH J. DEBBINK, OF WISCONSIN CYNTHIA STONE RICHARDS, OF VIRGINIA NEIL SEAN MCGURTY, OF CALIFORNIA RICHARD J. DERIENZO, OF NEW JERSEY IVAN RIOS, OF MARYLAND JASON MEEKS, OF WISCONSIN RONALD ANDREW DEL PRIORE, OF VIRGINIA KRISTIN M. ROBERTS, OF WASHINGTON ERIC STERN MEYER, OF CALIFORNIA NIKEISHA AYANA DICK, OF VIRGINIA TERRY D. MOBLEY, OF ARKANSAS LINDA LEE ROSALIK, OF UTAH ANITA KNOPP DOLL, OF NEW YORK MARK ROSENSHIELD, OF THE DISTRICT OF COLUMBIA ELIZABETH KRENTZ MOSHER, OF VIRGINIA ANDREW T. DOMBROWSKI, OF VIRGINIA ROLF A. OLSON, OF TEXAS LASHELLE F. ROUNDTREE, OF MARYLAND STEPHEN A. DOYLE, OF VIRGINIA MOLLY M. SANCHEZ CROWE, OF ARIZONA SEAN K. O’NEILL, OF NEW YORK KATHLEEN M. DUCKWORTH, OF VIRGINIA KEVIN R. OPSTRUP, OF VERMONT DRINA R. SCHROEDER, OF MARYLAND MICHAEL A. DVORAK, OF VIRGINIA JENNIFER M. SCHUELER, OF ILLINOIS ROBERT A. OSBORNE, OF MICHIGAN ERIN MARIE WHITWORTH DYAL, OF VIRGINIA FRANK KASPER PENIRIAN III, OF MICHIGAN MIRIAM LYNNE SCHWEDT, OF THE DISTRICT OF COLUM- MARGARET ANN EHR, OF MICHIGAN BIA EMILY A. PLUMB, OF FLORIDA EDWARD F. FINDLAY, OF VIRGINIA ROBYN ANISE PUCKETT, OF GEORGIA JOHN M. SECCO, OF VIRGINIA ELI RAYMOND FRIAS, OF VIRGINIA KAREN M. SINCLAIR, OF VIRGINIA CHRISTOPHER PATRICK QUADE, OF CALIFORNIA MARCIA HELEN FRIEDMAN, OF TEXAS ALEXIS LYNN SMITH, OF COLORADO DEBORAH ROBINSON, OF COLORADO SERGIO GARCIA DE GORORDO, OF TEXAS CHRISTOPHER WELBY SMITH, OF VIRGINIA MARJUT H. ROBINSON, OF TEXAS DANIEL H. GARRETT, OF MISSOURI REBECCA JANE STEWARD, OF ILLINOIS JAMES A. RODRIGUEZ, OF VIRGINIA CURTIS MATTHEW GARTENMANN, OF VIRGINIA WENDELL M. STILLS, OF VIRGINIA SHANNON E. RUNYON, OF NEVADA ELAINE D. GEORGANDIS, OF MARYLAND MARK AUGUST TERVAKOSKI, OF THE DISTRICT OF CO- JENNIFER JAN SCHAMING-RONAN, OF VIRGINIA MAISHA MARIAH GOSS, OF THE DISTRICT OF COLUMBIA LUMBIA AARON P. SCHEIBE, OF SOUTH DAKOTA CHRIS WALTER GRANTHAM, OF WASHINGTON KIRSTEN ELLEN THOMPSON, OF OREGON CONN J. SCHRADER, OF NEW YORK JULIET L. GREENBLATT, OF NEW YORK TESSA KATHARINE VAN TIL, OF MICHIGAN PRIYADARSHI SEN, OF VIRGINIA JAMES MICHAEL GREENE, OF NEW MEXICO MICHAEL B. VEZZETTI, OF VIRGINIA BRIAN ANTHONY SHOTT, OF VIRGINIA EVAN THOMAS HAGLUND, OF THE DISTRICT OF COLUM- RIMA JANINA VYDMANTAS, OF GEORGIA MARSHA LYNNE SINGER, OF FLORIDA BIA MAUREEN A. SMITH, OF CONNECTICUT DINA FAROUK HAMDY, OF FLORIDA PAUL F. WEATHERWAX, OF VIRGINIA RYAN DOUGLAS STONER, OF NEW YORK J. MICHAEL HAMMETT, OF CALIFORNIA ROBERT R. WEZDENKO, OF VIRGINIA JULIE MARIE STUFFT, OF OHIO CHRISTOPHER STEPHEN HATTAYER, OF CONNECTICUT SARAH RUTH WILLIAMS, OF NORTH CAROLINA MELISSA A. SWEENEY, OF WASHINGTON KRISTIN J. HAWORTH, OF VIRGINIA RYAN DAVID WIRTZ, OF FLORIDA NANCY SZALWINSKI, OF TEXAS CHRISTINA J. HERNANDEZ, OF UTAH CHRISTOPHER ERIC WRIGHT, OF VIRGINIA AMY NOEL TACHCO, OF NEW YORK KATHLEEN ELIZABETH HERNDON, OF VIRGINIA YUVAL JOSEPH ZACKS, OF VIRGINIA DANIEL J. TIKVART, OF VIRGINIA JOHN WILLIAM HICKS III, OF MICHIGAN LUKE VARIAN ZAHNER, OF THE DISTRICT OF COLUMBIA ALEXANDER J. TITOLO, OF NEW YORK CHRISTOPHER E. HIKADE, OF VIRGINIA THE FOLLOWING-NAMED CAREER MEMBER OF THE BYRON F. TSAO, OF TEXAS JEFFREY N. HOBBS, OF CALIFORNIA SHARON UMBER, OF MINNESOTA SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF THOMAS J. HOFER, OF VIRGINIA STATE FOR PROMOTION INTO THE SENIOR FOREIGN MARK WEINBERG, OF NORTH CAROLINA SARAH K. HULL, OF MARYLAND SERVICE TO THE CLASS INDICATED: CAREER MEMBER OF PENELOPE ANNE WILKINSON, OF NEW JERSEY STEPHANIE E. JAMES, OF MICHIGAN THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, CHRISTOPHER M. WURST, OF MINNESOTA DAVID JEFFREY, OF WASHINGTON IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF DAVID J. JENDRISAK, OF NEW JERSEY THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN AMERICA: SERVICE TO BE CONSULAR OFFICERS AND/OR SECRE- TODD S. JOHANNESSEN, OF VIRGINIA PETER ALAN PRAHAR, OF VIRGINIA TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED CONNIE L. JOHNSON, OF VIRGINIA ERIC N. JOHNSON, OF COLORADO STATES OF AMERICA, AS INDICATED: CONSULAR OFFI- THE FOLLOWING-NAMED CAREER MEMBERS OF THE BENJAMIN J. KAPPES, OF VIRGINIA CER OF THE UNITED STATES OF AMERICA: FOREIGN SERVICE OF THE INTERNATIONAL BROAD- ERIC M. KAPROWSKI, OF THE DISTRICT OF COLUMBIA CASTING BUREAU FOR PROMOTION INTO THE SENIOR DEPARTMENT OF STATE BRENTON V. KING, OF VIRGINIA FOREIGN SERVICE, AND FOR APPOINTMENT AS CON- DAVID JAMES KLOESEL, OF TEXAS GREGORY WINSTON SLAYTON, OF VIRGINIA SULAR OFFICERS AND SECRETARIES IN THE DIPLO- KEVIN MATTHEW KREUTNER, OF THE DISTRICT OF CO- CONSULAR OFFICERS AND SECRETARIES IN THE DIP- LUMBIA MATIC SERVICE, AS INDICATED: CAREER MEMBER OF LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: ERIKA LEIGH KUENNE, OF COLORADO THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF DEPARTMENT OF COMMERCE DAVID S. KURTZER, OF MARYLAND REBECCA LYNN LANDIS, OF CALIFORNIA AMERICA: ERIN C. BUTLER, OF THE DISTRICT OF COLUMBIA DANIEL B. LANGENKAMP, OF THE DISTRICT OF COLUM- GAINES R. JOHNSON, OF WEST VIRGINIA JAMES K. CHAMBERS, OF OKLAHOMA BIA JAMES M. LAMBERT, OF FLORIDA

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H.R. 458 TRIBUTE TO THOMAS CARR innumerable talents and invited him to serve on their Board of Directors as secretary/treas- HON. CHRIS VAN HOLLEN urer. He was to become its chairman in 2006. HON. WALTER B. JONES OF MARYLAND His contributions to the United Fresh Fruit and Vegetable Association, the Produce for Better OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES Health Foundation, and the International IN THE HOUSE OF REPRESENTATIVES Thursday, July 14, 2005 Fresh-cut Produce Association will not long be Mr. VAN HOLLEN. Mr. Speaker, it is with forgotten either. Thursday, July 14, 2005 great pleasure that I rise to commend one of Joe Nucci made tremendous strides to bet- Mr. JONES of North Carolina. Mr. Speaker, my constituents, Thomas Carr, recipient of a ter his industry, local community, and our Na- Title Two of H.R. 458 is most important to fellowship to attend Harvard University’s Sen- tion. He will be remembered for his innovation, those of us who represent districts with a ior Executives in State and Local Government his leadership, and his devotion to his family. heavy military presence. Program at the John F. Kennedy School of He is survived by his wife, Debbie; two sons, Government. Michael and Matthew; three sisters, Lorri It regulates so-called ‘‘military lenders,’’ and As Chief of Montgomery County (MD) Fire Nucci Koster, Gina Nucci, and DeDe Nucci protects servicemembers from abusive mar- and Rescue Service, Mr. Carr works to protect Reyna; father Don Nucci; and mother Barbara keting and collection practices by high-cost the community and educate the residents on Manning. Mr. Speaker, it is with great sadness lenders that are typically clustered outside of safety precautions and fire prevention. His ef- that I rise to honor the memory of Joe Nucci. military installations, and who increasingly op- forts were recognized by the National Fire f erate on the Internet. It also regulates title Protection Association (NFPA), a primary sup- lenders and high-cost lenders that charge hid- porter of the fellowship. Since 1896, the Asso- TRIBUTE TO CAROLYN DULCHINOS den fees and who frequently refinance loans ciation has been a leader promoting fire, elec- to generate even more fees. Importantly, it trical, building, and life safety awareness. HON. MARK UDALL codifies industry best practices rules for pay- Mr. Carr, likewise, has been a leader in pro- OF COLORADO day advance lenders. moting fire, electrical, building, and life safety IN THE HOUSE OF REPRESENTATIVES awareness to the citizens of our community. I Today’s Armed Forces are the most effec- Thursday, July 14, 2005 applaud Thomas Carr and wish him continued tive in the history of the world. They have the success in the years ahead. Mr. UDALL of Colorado. Mr. Speaker, I rise same credit needs as the rest of us, but are f today to pay tribute to and acknowledge the uniquely vulnerable to abusive marketing and outstanding work of Carolyn Dulchinos, a Sen- collection practices. IN HONOR OF JOE NUCCI ior Policy Advisor for the Boulder County Many of the young men and women who Board of Commissioners. This month, she will have volunteered to serve in our military have HON. SAM FARR be leaving this position that she has served limited experience in handling financial mat- OF CALIFORNIA with distinction for over 10 years. ters. They have relatively low incomes and IN THE HOUSE OF REPRESENTATIVES Ms. Dulchinos is a shining example of the dedication and commitment to public service can easily fall into debt and have to borrow to Thursday, July 14, 2005 help pay expenses. Quite often, they have dif- and community values held by those who ficulty borrowing from traditional lenders and Mr. FARR. Mr. Speaker, I rise today to work in the public sector. Early on in her ca- have to seek higher-cost credit from specialty honor the memory of a man who was a rising reer—a career that is still young and filled with lenders such as small loan companies, payday star in the fresh produce industry. At age forty, future promise—she was drawn to the calling Joe Nucci was one of the youngest leaders in of public service and has followed this path lenders, or finance companies. When relatively his field. Tragically, Joe passed away sud- ever since. unsophisticated borrowers are unable to read- denly July 7, 2005, while vacationing with his In the mid-1980s, she worked as a staff as- ily repay a loan from these lenders, they can family in Florida. sistant in the office of Congressman PETE become consumed with worries over their debt Joe was born and raised in Salinas, Cali- STARK from California. She remained in Wash- and this undercuts their abilities to fulfill their fornia. In 1983, he graduated from Salinas ington and worked for the American Associa- military duties. High School and went on to study for two tion of Retired Persons and the National Asso- Mr. Speaker, the New York Times pointed years at Hartnell College. He completed his ciation of Trial Lawyers. She also worked for out abusive lending practices by companies college education at California State University a prestigious lobbying firm in Washington like Pioneer Financial, a Missouri-based high- Chico and spent a year in Buffalo, New York where she helped clients work through issues cost lender which exclusively targets services working with JC Brock Fresh Foods. In 1989, before Federal agencies. At this position, she members, and according to Securities and Ex- Nucci returned to California to take a position also helped draft and enact legislation for the change Commission filings, employs a loop- at Mann Packing Company, which was run by minting of commemorative coins to honor the hole to get around the Servicemembers Civil his father, Don Nucci, and his father’s busi- 50th Anniversary of the D-Day invasion of Relief Act (SCRA). According to that paper, ness partner Bill Ramsey. Normandy. This is but a small yet significant Pioneer charges high rates and hidden fees One of Joe’s first achievements at Mann example of her focus on the general public and has the policy of refinancing their existing Packing Company was finding a new use for good that has defined her career up to now. loans within the first year for the express pur- a previously unpalatable product: broccoli Since she began work for Boulder County in pose of generating more fees. Unfortunately, stems. Impressing his coworkers and superi- the spring of 1995, Ms. Dulchinos applied her it’s not just one company like Pioneer that re- ors with a new bagged broccoli coleslaw, it skills and spirit of service to the citizens of this quires servicemembers to prey on our Armed wasn’t long before he advanced to Mann diverse and vibrant community. During her Packing Company’s product development and time with Boulder County she worked tirelessly Forces personnel. Various types of creditors, quality assurance division, then to the position with Boulder County’s State legislative rep- including finance companies, small loan com- of vice president of marketing. In 2000, he be- resentatives to promote wise public policy at panies, payday lenders and others, have per- came president and CEO of the Mann Packing the Colorado State legislature. Through this petrated abusive lending practices. Company. Under his leadership, the company work, she was instrumental in helping the Col- That is why this legislation, and Title Two in grew at an unprecedented rate and became orado legislature develop and fund innovative particular, is so important. Our men and one of the produce industry’s strongest human service programs, such as a program women in uniform have earned the protections innovators. The Produce Marketing Associa- called Impact. This program provides coordi- that H.R. 458 will provide them. tion recognized Joe’s fairness, integrity, and nated human services to help children at risk

∑ 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 06:01 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K14JY8.002 E14PT1 E1488 CONGRESSIONAL RECORD — Extensions of Remarks July 14, 2005 of institutionalization remain in their own com- PERSONAL EXPLANATION The criteria needed to receive this award in- munities where they become productive citi- clude the facility’s success in reaching its zens. She has also worked on issues of im- HON. ADAM B. SCHIFF goals, environmental performance and safety, portance to Boulder County with Colorado’s OF CALIFORNIA and the facility’s role in solid waste processing congressional delegation, such as the cleanup IN THE HOUSE OF REPRESENTATIVES and integrated waste management. The plant is estimated to generate about and closure of the former Rocky Flats nuclear Thursday, July 14, 2005 weapons production facility, open space pro- $3,000,000 in revenue for fiscal year 2005. In tection on Federal public lands in the county, Mr. SCHIFF. Mr. Speaker, on rollcall No. addition, the plant underwent a processing and critical transportation funding needs. 362, had I been present, I would have voted system equipment overhaul in the summer of ‘‘aye.’’ 2002 which increased its efficiency. Ms. Dulchinos also worked on and suc- f Recycling is a vital part of our effort to pre- ceeded in accomplishing environmentally and serve our environment for future generations. economically sustainable administrative ac- HONORING THE HOMER HIGH I am very proud of Montgomery County’s suc- tions at Boulder County and legislation on SCHOOL BASEBALL TEAM FOR cess in this area and I applaud the community multimodal transportation, land use, and open THEIR RECORD-SETTING SEASON leaders and citizens for their dedication to re- space, among many others. She has been a cycling. tremendous asset to the Board of County HON. JOHN J.H. ‘‘JOE’’ SCHWARZ f Commissioners and a workhorse for the office. OF MICHIGAN She has the ability to simplify complex issues, IN THE HOUSE OF REPRESENTATIVES IN HONOR OF EDNA KIMBRO get to the crux of an issue and communicate Thursday, July 14, 2005 this effectively to decisionmakers and the pub- HON. SAM FARR lic. She is known for her sense of humor and Mr. SCHWARZ of Michigan. Mr. Speaker, it OF CALIFORNIA is my special privilege to honor the Homer for her efforts to boost the morale and IN THE HOUSE OF REPRESENTATIVES Trojans baseball team for setting the national collegiality of the office through her memo- Thursday, July 14, 2005 rable events commemorating employees’ birth- record for consecutive wins in high school days, going away parties, and retirements. baseball by winning 75 straight games. I com- Mr. FARR. Mr. Speaker, I rise today to mend the Trojans for the dedication required honor the life of Edna Kimbro, State Parks Although Ms. Dulchinos is leaving the coun- to accomplish such a remarkable feat. Historian and architectural conservator. On ty, I know that she will continue to be a con- The Trojans’ streak began on opening day June 26, 2005, Edna Kimbro, 57, died of can- tributing member of the community. She has a of the 2004 season with a victory over cer at her Watsonville residence. She is sur- bright future ahead and I wish her the very Addison. The team would eventually earn a vived by her husband Joe, sons David and best in her future endeavors. State championship, with a record of 38 wins Joey, brother Todd, and granddaughter to zero losses. During the season, Homer shut Sakura. f out 20 opponents. Ms. Kimbro was born on June 25, 1948. The Trojans continued to dominate the dia- She graduated from the University of Cali- IN HONOR OF SERGEANT KIP mond in the 2005 season. Improving on their fornia Santa Cruz with a degree in Art History. JACOBY 2004 record, the Trojans shut out 21 oppo- In the 1970s, Kimbro bought the last remain- nents in 2005, a national record. They also ing building of an early civilian Spanish settle- had a streak of eight consecutive shutouts, ment and began preserving it as best her fi- HON. E. CLAY SHAW, JR. which etched the team in the State record nances would allow. In 1998 Kimbro, along OF FLORIDA book again. The Trojans ended the 2005 sea- with her husband and two sons, purchased a son with a 37–1 record and a runner-up finish 150 year old adobe home in Watsonville, CA. IN THE HOUSE OF REPRESENTATIVES in the State. To preserve the building, she traveled to Eu- Thursday, July 14, 2005 In the world of sports, success is often de- rope on a United Nations grant to study the termined based on wins and losses. However, earthquake resistant preservation of old mud Mr. SHAW. Mr. Speaker, I rise today to pay the Trojans are not just a success for winning brick based buildings. Sadly shortly after she tribute to a courageous young man who died 75 consecutive games; they are a success be- returned home, the Lorna Prieta earthquake while serving our country in the war in Afghan- cause of the manner in which they win. Their destroyed the 150 year old adobe home. This istan. astounding record is testament to not only unfortunate event did not daunt her. Edna Sergeant Kip Jacoby was a 21-year-old their ability to pitch, hit, run, and field; it is in- convinced State administrators to buy the Florida resident who is described by his class- dicative of their superb commitment to team- damaged adobe, repair the damage, and cre- mates as someone with a brilliant smile and work and maturity. The lessons they learned ate a State park. perfect charm. He joined the Army a few short and skills they perfected will help prepare Mr. Speaker, I am joined by Edna Kimbro’s months after high school graduation and has them for a bright future, whether it be on or off family and mends to honor her life and con- served our Nation for three years as a mem- the baseball field. I am honored to have these tributions to the preservation of California’s ber of the Special Forces ‘‘Night Stalkers’’. Kip fine young men as constituents, and I invite history. Her memory will always be preserved loved his country and served honorably. On my colleagues to join me in honoring their ac- in our minds, just as the adobe structures she the Army’s Web site, his family posted a mes- complishments. worked so tirelessly to preserve. sage stating, ‘‘He loved what he was doing, he f f knew the risks, and he was proud to be a sol- TRIBUTE TO MONTGOMERY INTRODUCTION OF THE UNITED dier, fighting, so others wouldn’t have to.’’ COUNTY STATES ARMY RELIEF ACT On June 28, 2005, Kip was one of 16 sol- diers whose helicopter was hit by an insur- HON. CHRIS VAN HOLLEN HON. MARK UDALL gent’s rocket-propelled grenade. He was part OF MARYLAND OF COLORADO of an elite American military team that was on IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES mission to clear anti-governmental forces from Thursday, July 14, 2005 Thursday, July 14, 2005 Kumar Province of eastern Afghanistan. Kip Jacoby was awarded the Purple Heart post- Mr. VAN HOLLEN. Mr. Speaker, it is with Mr. UDALL of Colorado. Mr. Speaker, yes- humously. great pleasure that I rise today to commend terday I introduced a bill with my colleague in Montgomery County for its commitment to re- the House, Representative ELLEN TAUSCHER, Mr. Speaker, the people of this Nation will cycling. to increase the end-strength of the Army. A be forever grateful for Kip’s selfless sacrifice The Montgomery County Recycling Center companion bill was introduced in the Senate and valiant service to our country. He died to received the 2005 Material Recovery Facility by Senators LIEBERMAN, CLINTON, REED, NEL- protect freedom for America and to provide of the Year Award. This is the second time in SON, and SALAZAR. I am grateful to Sen. freedom for millions around the globe. 5 years that Montgomery County has received LIEBERMAN and Rep. TAUSCHER for their lead- Sergeant Jacoby’s distinguished service and this award from the Solid Waste Processing ership on this issue, and to the Third Way or- commitment to freedom will never be forgot- Division of the American Society of Mechan- ganization for its recent report on this issue ten. ical Engineers (ASME). and its help on this bill.

VerDate Aug 04 2004 06:01 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A14JY8.003 E14PT1 July 14, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1489 We are introducing this legislation at a crit- athleticism with a wry smile and unfalteringly IN REMEMBRANCE OF J.J. ‘‘JAKE’’ ical time for our military. The war in Iraq has dry sense of humor. Those who knew him saw PICKLE put a tremendous strain on our Army, the Re- his immense pride in two things: his close knit serves and on National Guard units that were family and his job as a U.S. Navy Seal. SPEECH OF never intended for such long deployments, Roughly two weeks ago James was one of HON. CHARLES A. GONZALEZ and ought to be used more effectively for 16 soldiers whose helicopter was hit by an in- OF TEXAS homeland security. surgent’s rocket-propelled grenade. He was IN THE HOUSE OF REPRESENTATIVES There is deepening concern that our current part of an elite American military team that Tuesday, July 12, 2005 force requirements cannot be sustained in Iraq was on a mission to clear anti-governmental and Afghanistan without depleting our re- forces from Kumar Province in Eastern Af- Mr. GONZALEZ. Mr. Speaker, I rise today serves and diminishing our capacity to meet ghanistan. Sadly, our country lost 16 heroes to pay my respects to one of the giants of this other global threats. that day. institution and the State of Texas, a man who recently passed away, former Congressman I am one who believes we have more work Mr. Speaker, the family and friends of Petty J.J. ‘‘Jake’’ Pickle. Cancer finally beat him on to do to thoroughly understand these other Officer 2nd Class James Suh can be proud of June 18, 2005 and anyone who knew Con- global threats and the strategies and tactics his valiant service and selfless sacrifice in the gressman Pickle knew he did not quit on any- necessary to prepare for the kind of conflict name of freedom. He will always have the thing and fought until the end. His relentless we are facing in Iraq. The upcoming Pentagon thanks of a grateful Nation. defense review needs to look at increased approach to politics and life earned him the re- spect and admiration of the 10th Congres- troops levels in the context of our long-term f security needs as well as the immediate chal- sional District he served so well and his col- lenges. PERSONAL EXPLANATION leagues on both sides of the aisle. First elect- But in the meantime, the Bush Administra- ed in a special election in 1963, Congressman tion’s lack of foresight in Iraq has left us with Pickle served 16 terms until stepping down in an immediate problem that cannot be ignored. HON. ADAM B. SCHIFF 1995. During his service in Washington, he Our troops are overstretched—not just in Iraq OF CALIFORNIA chaired the House Subcommittee on Social and Afghanistan but in 117 other countries IN THE HOUSE OF REPRESENTATIVES Security and was instrumental in implementing around the world. Last year, nine of the improvements that ensured the trust fund’s Army’s ten divisions were deployed to, pre- Thursday, July 14, 2005 long term solvency for decades to come. paring to deploy to, or returning from Iraq and Mr. SCHIFF. Mr. Speaker, on rollcall No. Too often, the term public servant is cas- Afghanistan. And we continue to rely too 358, had I been present, I would have voted ually used for any person who worked in the heavily on our Guard and Reserve. ‘’aye.’’ public sector, but Congressman Pickle per- Without this bill, we risk asking too much of sonified every facet of the phrase. Congress- man Pickle distinguished himself in a variety our men and women in uniform who have per- f formed so courageously and sacrificed so of service positions, beginning as the Univer- much in their service to this country. They, fu- TRIBUTE TO WALTER JOHNSON sity of Texas student body president, as a ture recruits, and the country all need to know HIGH SCHOOL member of the National Youth Administration, that we are committed to providing the re- and as organizational secretary for the State sources necessary to keep our Army strong. Democratic Executive Committee. After being Let me emphasize that this is not about in- HON. CHRIS VAN HOLLEN elected to Congress, he relished returning to creasing troops so that President Bush can OF MARYLAND his district whenever possible and upon board- plan for more Iraqs; this is about rebuilding the IN THE HOUSE OF REPRESENTATIVES ing the plane would walk up and down the strength of the incredible institution that is the aisles as if he were working a campaign rally U.S. Army. Thursday, July 14, 2005 and shake everyone’s hand and talk to them. Leadership begins with recognizing reality. Mr. VAN HOLLEN. Mr. Speaker, it is with Learned at the knee of President Lyndon Although we may wish we had a different great honor that I rise to congratulate a high Baines Johnson, Congressman Pickle’s poli- starting place, this is the place that we find school in my District, Walter Johnson High tics hailed from an era still shaped by the ourselves after much miscalculation and wish- School in Bethesda, Maryland, for winning the Great Depression and small-town America, a ful-thinking by the Bush Administration. 2005 Washington Area ‘‘It’s Academic’’ tele- time in which connecting with constituents was So we ask the Administration today to heed vision quiz show Superbowl. a must. Campaigning was a full contact sport in the our call and to heed the call of so many in the Walter Johnson High School is being recog- best sense of the phrase, and every 2 years, military community who understand the impor- nized for its win in the Superbowl match, he would outwork much younger campaign tance of increasing the Army’s end strength. which featured regional champions Robert E. aides and sought to meet every voter in his The defense of the United States is and must Lee High School from Central Virginia and district. For Congressman Pickle, politics was continue to be the first priority of our govern- Centennial High School from Baltimore. a person-to-person enterprise, and he would ment. The school’s victory in the ‘‘It’s Academic’’ f talk to his constituents and find out their cares program, which is an extracurricular activity at and concerns. Full of stories and a smile for IN HONOR OF PETTY OFFICER 2ND 81 schools across the region, demonstrates everyone, he would engage every person in CLASS JAMES SUH the benefits of academic competition in our his path no matter if he happened upon them schools. The hard work and commitment to in the halls of the Capitol or in the streets of HON. E. CLAY SHAW, JR. academic excellence demonstrated by the stu- Austin. dents is commendable. In the midst of fre- Of course, his influence here in Washington OF FLORIDA quent critiques of our national education sys- IN THE HOUSE OF REPRESENTATIVES greatly benefited Austin and Central Texas as tem, successes like this one highlight the he was crucial in ensuring funding for the Uni- Thursday, July 14, 2005 great achievements of talented, intelligent versity of Texas, his alma mater, and helped Mr. SHAW. Mr. Speaker, I rise today to pay young people in our schools. it become the world class facility it is today. tribute to Petty Officer 2nd Class James Suh, As recognition for this accomplishment, the Congressman Pickle fought to make sure his a South Florida resident who served in the school’s ‘‘It’s Academic’’ team received a tro- district and his state received their fair share. Navy for 5 years and was killed in the line of phy, which will be displayed for the next year, The university benefited in the millions of dol- duty on June 28th, 2005, in Afghanistan. Dur- and academic scholarship money for the lars he steered into its research, technological, ing his years at Deerfield Beach High School school. The Superbowl match featured strong and educational programs, and this was piv- and the University of Florida, James excelled performances by seniors Zach Hommer and otal in making Austin one of our Nation’s cen- both athletically and academically finding him- James Coan and juniors Alex Price and Adam ters for high-tech enterprises such as Dell self with a rare opportunity to become a Navy Newman. computers. Seal shortly after graduation from college. I commend Walter Johnson High School for However, the vote Congressman Pickle was James was loved by an entire community. its championship win and wish the ‘‘It’s Aca- proudest of was the one he cast in favor of His family and friends say he was a young demic’’ team continued success in future the 1964 Civil Rights Bill, which he thought man of exceptional character, intelligence and years. would end his career. As one of six southern

VerDate Aug 04 2004 06:01 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A14JY8.009 E14PT1 E1490 CONGRESSIONAL RECORD — Extensions of Remarks July 14, 2005 Representatives who voted for that landmark CELEBRATING 100 YEARS AT exist to help people reach their full potential, piece of legislation, he thought voting his con- DENTON MUNICIPAL ELECTRIC and to build strong families and communities. science and his principles would make him a Though they have expanded internationally, one term Congressman. Thankfully that was HON. MICHAEL C. BURGESS the Kellogg Foundation remains committed to Mr. Kellogg’s and my hometown of Battle not the case as he was given the opportunity OF TEXAS Creek, Michigan. Last year alone, they award- to work tirelessly and use his unique set of IN THE HOUSE OF REPRESENTATIVES skills in service of his district and Nation. We ed $9.4 million to local causes and programs. have truly lost a great American, and we are Thursday, July 14, 2005 They are also a major local employer, and the poorer for it. Tonight, my prayers and Mr. BURGESS. Mr. Speaker, I rise today to their employees generously volunteer their thoughts are with the thousands of lives he honor Denton Municipal Electric as it cele- time and resources within the community. touched and his family. brates 100 years in the 26th District of Texas. In its 75 years of existence, the W.K. Kel- Denton Municipal Electric has been serving logg Foundation has built a legacy of philan- f the Denton community since 1905 when the thropy and selflessness. The work that they city purchased the utility from Denton Water, fund has improved the lives of millions. I am APPOINTMENT OF CONFEREES ON Light and Power Company. deeply honored to have this institution in my H.R. 6, ENERGY POLICY ACT OF Since its start, Denton Municipal Electric district, and I ask my colleagues to join me in 2005 has grown from serving fewer than 100 resi- celebrating its 75th anniversary. dents of downtown Denton to presently pro- f SPEECH OF viding full electrical service to more than THE WAGES OF FAILURE ON WALL 37,000 customers over 300 miles of overhead STREET HON. HEATHER WILSON power lines, 130 miles of underground cables OF NEW MEXICO and over 6,000 transformers. They provide various consumer-friendly programs including HON. BARNEY FRANK IN THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS allowing customers to pledge money to their IN THE HOUSE OF REPRESENTATIVES Wednesday, July 13, 2005 monthly bills to assist other customers with short-term financial problems, and incentive Thursday, July 14, 2005 Mrs. WILSON of New Mexico. Mr. Speaker, programs that credit customers’ accounts for Mr. FRANK of Massachusetts. Mr. Speaker, the Energy Policy Act of 2005 that recently installing high-efficiency air conditioners or one of the gravest weaknesses in our financial passed the House by a vote of 249–183 in- heat pumps. system is the growing pattern of grossly ex- cluded a narrowly drafted provision giving Denton Municipal Electric, along with pro- cessive compensation which the leaders of manufacturers and distributors of MTBE lim- viding safe, reliable and cost-effective elec- some major firms are paying themselves, with ited liability protections for claims based upon tricity to its citizens, participates in numerous the acquiescence of passive boards of direc- a defective product. I voted in favor of this leg- programs and activities in the Denton Commu- tors. The issues raised by the extraordinarily islation knowing that in conference with the nity, including Hope for Kids, School-to-Ca- large pay packages some top executives are Senate, MTBE compromise language would reers, Communities in Schools, the Juneteenth granting themselves go beyond simply the in- be negotiated with members from affected Celebrations, Senior Citizen Safety Work- appropriateness of people enriching them- states that would be based on a concept of shops, Electrical Demonstrations, Keep Den- selves at the expense of their stockholders shared responsibility focused on cleanup. ton Beautiful and Christmas decorating around and their employees. Increasing inequality in MTBE has reduced smog from cars and the historic downtown square. income distribution in this country has broader trucks and improved air quality. But when Mr. Speaker, it is with great honor that I policy implications, and there is also the grow- MTBE gets in water, it smells and tastes bad stand here today to honor Denton Municipal ing problem of perverse incentives that result and is hard to clean up, raising questions Electric for its commitment to playing an active from executives receiving grossly dispropor- about whether we should continue to use it to role in the development, improvement and tionate compensation based on decisions they produce cleaner burning gasoline. success of the Denton community. themselves take. That is, it is clear that some For the last couple of weeks, I have contrib- f of the accounting abuses we have seen, and uted to the discussions on an MTBE com- some decisions to sell large companies to oth- HONORING THE W.K. KELLOGG promise to recommend to the Energy con- ers are being influenced not by the basic eco- FOUNDATION ON THEIR 75TH AN- ferees. I do not believe that the views of nomics of these situations, but by the extent to NIVERSARY states impacted by MTBE contamination have which top decision-makers personally profit been adequately taken into account to this from these decisions. point. We are no closer today to an accept- HON. JOHN J.H. ‘‘JOE’’ SCHWARZ One of the most egregious recent examples able compromise than we were 2 weeks ago. OF MICHIGAN is the $32 million payment made to the co- Additionally, I am greatly concerned by a draft IN THE HOUSE OF REPRESENTATIVES president of Morgan Stanley, Stephen Crawford, for work of only a few months as EPA internal risk study that suggests that in Thursday, July 14, 2005 high concentration, MTBE is a likely human part of the upheaval that led to the ouster of carcinogen. This is the first indication we have Mr. SCHWARZ of Michigan. Mr. Speaker, I Philip Purcell. In the New York Times on had of a public health impact of MTBE. rise today to call attention to an organization Wednesday, July 13, there is an excellent edi- in my district that is known world-wide for its torial on this subject, which notes that ‘‘stock- I continue to believe that a lawsuit based tireless dedication to altruism, education, and holders and employees are properly seething system is the wrong way to address this prob- the betterment of society as a whole. The at the deal cut for Mr. Crawford . . . by a lem. We should spend money on getting the W.K. Kellogg Foundation was established by board that was oblivious to protecting the spills cleaned up quickly rather than having a breakfast cereal pioneer W.K. Kellogg in 1930, bank’s reputation as it over-rewarded his fealty lawsuit based system where people fight in to ‘‘help people help themselves.’’ During his to Philip Purcell . . .’’ court for years and the lawyers get a big cut life, Mr. Kellogg left most of his fortune—$66 Mr. Speaker, I believe that this is a subject of the pie before any cleanup is done. million in Kellogg Company stock and other in- which Congress must address. In particular, I voted in favor of the Democrat motion to vestments—as an endowment for the founda- we must act to find ways to press boards of instruct conferees because, at this point, I tion. These assets have since grown to nearly directors to do more to safeguard stockholders think we should move toward the Senate lan- $7 billion. Since 1930, the foundation has and employees from excessive compensation guage and focus on solving the problem, not awarded more than $4 billion in grants—in- abuse, and we should in particular be looking litigating it. cluding $1.6 billion to the people of Michigan. at ways to curb the extent to which these sorts I would be willing to support an MTBE provi- Since the 1930s, the Kellogg Foundation of compensation schemes based on various sion that would create a joint industry/govern- has grown from programs that served south- contingencies give perverse incentives to deci- ment financed MTBE remediation trust fund central Michigan into an international organiza- sion-makers. I and others on the Financial that would cover state and local government tion that awards grants in the United States, Services Committee will be offering some leg- remediation costs. But industry’s contribution Latin America and the Caribbean, and south- islative proposals in this regard, and I offer the must be mandatory and the government’s con- ern Africa. Yet whether in Battle Creek or Bot- New York Times editorial here for Members’ tribution must be guaranteed and not subject swana, the Kellogg Foundation’s emphasis re- edification as an example of why some action to appropriations. mains just as it was in Mr. Kellogg’s day: they is necessary in this regard.

VerDate Aug 04 2004 06:01 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A14JY8.013 E14PT1 July 14, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1491 [From the New York Times, July 13, 2005] that a similar approach would be taken using COMMEMORATING 60TH ANNIVER- THE WAGES OF FAILURE ON WALL STREET an appropriate formula to determine funding SARY OF CONCLUSION OF WAR Words like golden parachute hardly do jus- levels for other programs such as VA IN THE PACIFIC AND HONORING tice to the stunning $32 million worth of a healthcare. Instead, House Leadership has re- VETERANS OF BOTH PACIFIC not-so-fond adieu engineered at Morgan fused to move legislation for the last three AND ATLANTIC THEATERS OF Stanley, the troubled Wall Street securities Congresses to reform the discretionary budg- SECOND WORLD WAR giant, for its departing co-president, Stephen et-appropriations process for VA healthcare, Crawford. Stockholders and employees are SPEECH OF properly seething at the deal cut for Mr. and the result is the current funding crisis that Crawford—after a mere three months on the the VA is experiencing. HON. ALCEE L. HASTINGS job—by a board that was oblivious to pro- Less than two weeks after first telling Con- OF FLORIDA tecting the bank’s reputation as it over-re- IN THE HOUSE OF REPRESENTATIVES gress it could ride out the fiscal year with inad- warded his fealty to Philip Purcell, the chief Wednesday, July 13, 2005 executive who was driven out in a messy equate funding, then reversing and asking for power struggle last month. $975 million in supplemental funds, the Ad- Mr. HASTINGS of Florida. Mr. Speaker, I The board majority appointed by Mr. Pur- ministration admitted this week that it needs rise in support of H. Con. Res. 191, a resolu- cell opened the bidding on failure’s rewards yet another $300 million to take care of vet- tion to commemorate the 60th anniversary of by ushering Mr. Purcell to the exit with a $43 erans’ health care needs through September. the conclusion of the war in the Pacific and to million sweetener. Now others from his team honor veterans of both the Pacific and Atlantic of loyalists—sycophants is the term out- Had this House followed the Senate’s lead raged critics prefer—are lining up to walk and appropriated $1.5 million in emergency theaters of the Second World War. It is-pro- the platinum plank behind Mr. Crawford, VA funding, we would have already covered foundly important that we remember the sac- who never ran a business division at the the second shortfall just recently acknowl- rifices our troops made in those terrible times. bank yet rose to the top as Mr. Purcell’s at- edged by the White House, and the VA would But more than remembering, we must convey tentive prote´ge´. have the funds to resume providing healthcare the gratitude due to those soldiers who risked Mere groundlings juggling finances at their to our Nation’s veterans. their lives in the defense of the innocent, the neighborhood A.T.M.’s must pause slack- protection of freedom, and in the name of our jawed at how Wall Street insiders are so lu- Instead, while the differing supplemental great country. dicrously compensated for plain failure at measures wait to be reconciled, more than To build a prosperous future, we must work steering their companies. Few of life’s losers 50,000 veterans await health care appoint- to appreciate our past. It has not always been land so affluently. ments, clinical positions across the VA are not The repair task now falls to John Mack, a peaceful one. From our country’s founding the new chief executive and Morgan Stanley being filled, VA hospitals are deferring critical over two centuries ago, American soldiers veteran. Facing a furor among stockholders equipment purchases, there are shortages of have engaged in many battles to defend our and staff over the severance machinations, medical supplies in some locations and the Nation and our way of life. Whether the call Mr. Mack had second thoughts about his own number of veterans of the wars in Iraq and Af- has been the defense of democracy, the end- guaranteed salary of up to $25 million, so he ghanistan seeking services at VA hospitals ing of tyranny, or the protection of innocent ci- is instead invoking a merit-pay standard for continues to rise. vilians all over the world, American soldiers himself. This amounts to innovation at Mor- gan Stanley, where dozens of bankers, trad- The 2006 budget request was similarly have answered with dignity and honor. This ers and managers quit when the Purcell short. What is even more troubling is that resolution reflects a will to remember the team ascended and ensconced their own in funding for veterans’ health care beyond 2007 countless sacrifices of our soldiers in one of top positions even as the bank lagged behind is cut significantly below the amount needed the most terrible wars of our history. its competitors. merely to account for inflation. Aristotle wrote, ‘‘We make war that we may Mr. Mack is already seeking the return of live in peace.’’ Never was the need to engage the more respected departees who ran profit- In a recent letter to House Veterans’ Affairs greater than for President Roosevelt’s America able divisions. He has retained the other Committee Chairman Steve Buyer, the direc- some 65 years ago. The spread of Nazism led Purcell co-president, Zoe Cruz; she was tors of nine Veterans’ Service Organizations our troops over the Atlantic into the first of smart enough to turn down the board’s gar- pointed out that VA employees in VA facilities ish compensation package. what would soon be two major theaters of The new chief won’t get far with recovery, are denying and rationing care to tens of thou- war. Our Armed Forces crossed the Atlantic to however, unless he impresses workers and in- sands of fully eligible veterans, even those join the allies in an assault of Germany. Then, vestors with a fresh dedication to merit. with service-connected disabilities, serious after the atrocious attack on Pearl Harbor in That has to begin with the departure of the chronic illnesses and deteriorating health. December 1941, they crossed the Pacific to current directors—on terms worth no more These organizations also stated that vet- engage the Japanese. These dark times wit- than their true value in having compounded nessed monumental loss of life and called for the turmoil at Morgan Stanley. erans are being told they are not eligible for nursing home care when they are absolutely the greatest levels of sacrifice, both from the f eligible by law. They are told that visits to VA troops and the families they left behind. Yet VETERANS’ COMPENSATION COST- and contract mental health practitioners must our spirit never wavered, and this country sur- OF-LIVING ADJUSTMENT ACT OF be limited to one visit per month irrespective vived one of its greatest tests. 2005 of diagnosis or intensity of need. Veterans are Mr. Speaker, we owe so much of this sur- told they cannot be seen for routine physical vival to the quality of our troops. They pro- SPEECH OF examinations or preventive visits because they tected us then as they always have—with HON. GENE GREEN are not ‘‘authorized’’ to receive such care. Vet- honor, courage and resilience. As we enjoy erans are told if they fail to appear for sched- the freedoms afforded to this great Nation, we OF TEXAS must remember and celebrate the achieve- IN THE HOUSE OF REPRESENTATIVES uled appointments, they will be dropped from VA rolls altogether and must re-apply for en- ments of our veterans. We are forever grateful Wednesday, July 13, 2005 rollment from the back of the line. While forc- for their gift of peace. This is a gift we will Mr. GENE GREEN of Texas. Mr. Speaker, ing untold numbers of veterans to wait uncon- never be able to fully repay, but one that con- I rise today to offer my support for this bill, but scionable periods, VA denies the existence of tinues to engender respect and gratitude. It is also to voice my concerns with the Leadership a waiting list. the spirit of gratitude that gives birth to this and Administration’s handling of other vet- resolution, and in that spirit I am privileged to Mr. Speaker, this is deplorable. If the VA erans’ issues. This bill is recognized by mem- offer my full support. cannot provide healthcare to the veterans cur- bers on both sides of the aisle as necessary f rently needing care, how can they take care of to ensure veterans’ compensation is adjusted the men and women coming back from Iraq PERSONAL EXPLANATION regularly each year to keep up with inflation and Afghanistan requiring care? and other market trends by linking the in- HON. LUIS V. GUTIERREZ crease to that of the Social Security COLA, I urge the Veterans’ Affairs Committee and OF ILLINOIS which is based on changes in the Consumer the House Leadership to take steps to ad- IN THE HOUSE OF REPRESENTATIVES Price Index. dress this problem so that we are not faced This is a common-sense approach to en- with similar problems in the future. Our vet- Thursday, July 14, 2005 sure veterans’ compensation keeps pace with erans have served their country bravely and Mr. GUTIERREZ. Mr. Speaker, I was un- the cost of living. It would make sense then deserve better than this. avoidably absent from this chamber on July

VerDate Aug 04 2004 06:01 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A14JY8.018 E14PT1 E1492 CONGRESSIONAL RECORD — Extensions of Remarks July 14, 2005 11, 2005. I would like the record to show that, On March 20th, while her unit was being day when I can join with her friends and family had I been present, I would have voted ‘‘yea’’ ambushed by enemy fire and under counter in welcoming her back home. on rollcall votes No. 363 and No. 364. attack, Sgt. Hester helped to thwart an insur- f gent assault against a convoy of 26 supply ve- f hicles that were ambushed by about 50 insur- CONGRATULATING SGT. LEIGH gents, southeast of Baghdad. According to an HONORING ELSIE MELOCHE ANN HESTER, FIRST WOMAN Army account, ‘‘[Sgt.] Hester led her team AWARDED THE SILVER STAR through the ‘kill zone’ and into a flanking posi- HON. GINNY BROWN-WAITE MEDAL SINCE WORLD WAR II tion, where she assaulted a trench line with OF FLORIDA grenades and M203 grenade-launcher IN THE HOUSE OF REPRESENTATIVES HON. JIM COOPER rounds.’’ Sgt. Hester killed at least three insur- gents according to her award citation. Thursday, July 14, 2005 OF TENNESSEE We honor Sgt. Hester now because the IN THE HOUSE OF REPRESENTATIVES Ms. GINNY BROWN-WAITE of Florida. Mr. ‘‘job’’ she chose to do on March 20th was one Speaker, I rise today to honor Elsie Meloche, Thursday, July 14, 2005 so many Americans before her have also self- a resident of the 5th Congressional District of lessly chosen: she put the lives of her fellow Mr. COOPER. Mr. Speaker, I rise today to Florida, and a woman who has achieved a soldiers before her own. Her bravery distin- recognize and congratulate U.S. Army Sgt. great deal in her long life. On July 19, 2005 guished her that day, just as her love of coun- Leigh Ann Hester, a recent recipient of the Sil- Elsie Meloche will be 102. try and passion for freedom led her to join the Mrs. Meloche was born in Leipzig, Germany ver Star Medal—the Army’s third highest National Guard in April of 2001. award for valor in combat. Sgt. Hester has said she is looking forward but immigrated to the United States through On June 16 in Iraq, 23-year-old Sgt. Hester to the day when her service in Iraq will be Ellis Island on February 16, 1909. She moved became the first female soldier to be awarded complete. She is looking forward to spend with her family to Massachusetts shortly there- the prestigious Silver Star Medal in more than time with family and friends and her hopes for after, making their home in Holyoke. Mrs. 60 years. At the awards ceremony at Camp a new career. Sgt. Hester wants to continue to Meloche married Wilford B. Meloche and in Liberty, Sgt. Hester was recognized ‘‘for ex- protect the lives of others when she comes 1972, moved to St. Petersburg, Florida where ceptionally valorous achievement’’ during Op- home. She plans to pursue a career in law en- she made her home until 2003 and then eration Iraqi Freedom. forcement, a goal she has had since she was moved to Arbor Trail in Inverness, Florida. Sgt. Hester serves in the 617th Military Po- a child. During her lifetime, Mrs. Meloche worked lice Company, a National Guard unit from On behalf of the 5th District of Tennessee many different jobs before retiring from Kentucky, and was working in my hometown and the members of the House of Representa- Westover Air Force Base in Chicopee, Massa- of Nashville when she was called to duty. Sgt. tives, I thank Sgt. Leigh Ann Hester for her chusetts. With her free time she currently en- Hester comes from a family dedicated to serv- commitment to service—service to her coun- joys dancing, bingo, and reading a good book. ing our country and fighting for freedom on try, her community and her fellow soldiers on Mr. Speaker, I ask that you join me in hon- foreign soil. Her grandfather won a Bronze the field of battle. I am honored to salute her oring Elsie Meloche today. I hope we all have Star in World War II. Her uncle served val- today for her courage and her achievements. the good fortune to live as long as she has iantly in Vietnam. When asked about her serv- My thoughts and gratitude go out to her, her and with as much enjoyment. She is truly a re- ice in Iraq and her Silver Star, Sgt. Hester told family and all of our men and women in com- markable woman and someone with an appre- one newspaper that she was simply ‘‘doing my bat who work to protect this Nation and bring ciation for the importance of friends, family, job like any other soldier here.’’ peace to the world. And I look forward to the and happiness.

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HIGHLIGHTS Senate passed H.R. 2360, Department of Homeland Security Appropria- tions. Senate Gregg (for Collins) Amendment No. 1137, to Chamber Action allow additional uses for funds provided under the Routine Proceedings, pages S8247–S8330 law enforcement terrorism prevention grants. Measures Introduced: Fifteen bills were intro- Pages S8254–55 duced, as follows: S. 1396–1410. Pages S8301–02 Gregg (for Lott) Amendment No. 1108, to ex- press the sense of the Senate regarding a study of the Measures Reported: H.R. 3010, making appropria- potential use of FM radio signals for an emergency tions for the Departments of Labor, Health and messaging system. Page S8255 Human Services, and Education, and Related Agen- Gregg (for Lautenberg) Amendment No. 1197, to cies for the fiscal year ending September 30, 2006, clarify authorization for port security grants. with an amendment in the nature of a substitute. (S. Page S8255 Rept. No. 109–103) Gregg (for Nelson (FL)) Amendment No. 1194, to S. 662, to reform the postal laws of the United require the Under Secretary for Emergency Prepared- States, with an amendment in the nature of a sub- ness and Response to propose new inspection guide- stitute. Page S8301 lines within 90 days of enactment that prohibit in- Measures Passed: spectors from entering into a contract with any indi- Department of Homeland Security Appropria- vidual or entity for whom the inspector performs an tions: By 96 yeas to 1 nay (Vote No. 189), Senate inspection for purposes of determining eligibility for passed H. R. 2360, making appropriations for the assistance from the Federal Emergency Management Department of Homeland Security for the fiscal year Agency. Page S8255 ending September 30, 2006, after taking action on Dorgan Modified Amendment No. 1111, to pro- the following amendments proposed thereto: hibit the use of funds appropriated under this Act to promulgate the regulations to implement the plan Pages S8248–90 developed pursuant to section 7209(b) of the 9/11 Adopted: Commission Implementation Act of 2004, to limit Corzine Amendment No. 1208, to express the United States citizens to a passport as the exclusive sense of the Senate that Federal standards should be document to be presented upon entry into the established to protect United States chemical facili- United States from Canada by land. Page S8255 ties from terrorist attacks. Pages S8249–50 Gregg (for Sarbanes) Amendment No. 1206, to Gregg (for Nelson (FL)) Amendment No. 1117, to require that funds be made available for the United provide for clear, concise, and uniform guidelines for States Fire Administration. Pages S8279–82 reimbursement for hurricane debris removal for Gregg (for Landrieu) Amendment No. 1110, to counties affected by hurricanes. Page S8254 give priority for port security grants to ports with Gregg (for Nelson (FL)) Amendment No. 1118, to high impact targets, including ports that accommo- provide for a report describing changes made to Fed- date liquified petroleum vessels or are close to eral emergency preparedness and response policies liquified natural gas facilities. Pages S8279–80 and practices in light of the May 20, 2005 Depart- Gregg (for Reid) Modified Amendment No. 1160, ment of Homeland Security Inspector General’s Re- to require a report on the Homeland Security Advi- port. Page S8254 sory System. Pages S8279–80 D750

VerDate Aug 04 2004 05:41 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY5.REC D14JY5 July 14, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D751 Reid (for Byrd/Stabenow) Amendment No. 1224, authorized to receive such information from holding to make certain funding revisions with respect to a security clearance. Pages S8253, S8268–79 firefighter assistance grants, preparedness and recov- Withdrawn: ery, interoperable communications grants, disaster Akaka Amendment No. 1113, to increase funding relief, and the counterterrorism fund. for State and local grant programs and firefighter as- Pages S8280, S8282 sistance grants. Pages S8255–60 Durbin (for Boxer/Inhofe) Modified Amendment Byrd Amendment No. 1200, to provide funds for No. 1216, to provide for the strengthening of secu- certain programs authorized by the Federal Fire Pre- rity at nuclear power plants. Page S8282 vention and Control Act of 1974. Page S8283 Gregg (for Sessions/Hatch) Modified Amendment McCain Modified Amendment No. 1150, to in- No. 1140, to provide $5 million for costs incurred crease the number of border patrol agents consistent to train state and local personnel to perform immi- with the number authorized in the Intelligence Re- gration functions. Page S8282 form and Terrorism Prevention Act of 2004 (Public Gregg (for Martinez/Ried) Modified Amendment Law 108–458). Page S8283 No. 1144, to express the sense of the Senate regard- During consideration of this measure today, the ing threat assessment of major tourist attractions. Senate also took the following actions: Page S8282 By 45 yeas to 53 nays (Vote No. 180), three-fifths Gregg (for Kennedy) Amendment No. 1225 (to of those Senators duly chosen and sworn, not having Amendment No. 1139), to provide funds for the voted in the affirmative, Senate rejected the motion Legal Orientation Program. Pages S8282–83 to waive section 302(f) of the Congressional Budget Gregg (for Sessions/Hatch) Modified Amendment Act of 1974, with respect to Schumer Amendment No. 1139, to appropriate $1 million for entering in- No. 1189, to provide that certain air cargo security formation into the National Crime Information Cen- programs are implemented. Subsequently, the point ter database. Pages S8282–83 of order that the amendment would provide spend- Rejected: ing in excess of the subcommittee’s 302(b) allocation By 38 yeas to 60 nays (Vote No. 179), Ensign was sustained, and the amendment thus fell. Amendment No. 1219 (to Amendment No. 1124), Pages S8251–52 of a perfecting nature. Page S8251 By 36 yeas to 62 nays (Vote No. 181), three-fifths Gregg (for Ensign) Modified Amendment No. of those Senators duly chosen and sworn, not having 1124, to transfer appropriated funds from the Office voted in the affirmative, Senate rejected the motion of State and Local Government Coordination and to waive section 302(f) of the Congressional Budget Preparedness to the U.S. Customs and Border Pro- Act of 1974, with respect to Schumer Amendment tection for the purpose of hiring 1,000 additional No. 1190, to appropriate $70,000,000 to identify border agents and related expenditures. Page S8251 and track hazardous materials shipments. Subse- By 42 yeas to 56 nays (Vote No. 182), McCain quently, the point of order that the amendment Modified Amendment No. 1171, to increase the would provide spending in excess of the subcommit- number of detention beds and positions or FTEs in tee’s 302(b) allocation was sustained, and the amend- the United States consistent with the number au- ment thus fell. Page S8252 thorized in the Intelligence Reform and Terrorism By 35 yeas to 63 nays (Vote No. 183), three-fifths Prevention Act of 2004 (Public Law 108–458), as of those Senators duly chosen and sworn, not having amended. Pages S8252–53 voted in the affirmative, Senate rejected the motion Durbin (for Stabenow) Amendment No. 1217, to to waive section 402(b)(5) of H. Con. Res. 95, Con- provide funding for interoperable communications gressional Budget Resolution, with respect to the equipment grants. Page S8253 emergency designation provision in Durbin (for By 46 yeas to 52 nays (Vote No. 185), Gregg Stabenow) Amendment No. 1217, to provide fund- Further Modified Amendment No. 1220, to allocate ing for interoperable communications equipment funds for certain terrorism prevention activities, in- grants. Subsequently, a point of order that the emer- cluding rail and transit security. Pages S8265–66 gency designation provision would violate section By 33 yeas to 64 nays (Vote No. 187), Frist 402(b)(5) of H. Con. Res. 95 was sustained and the Amendment No. 1223, to protect classified informa- provision was stricken. Page S8254 tion and to protect our servicemen and women. By 43 yeas to 55 nays (Vote No. 184), three-fifths Pages S8268, S8279 of those Senators duly chosen and sworn, not having By 44 yeas to 53 nays (Vote No. 188), Reid voted in the affirmative, Senate rejected the motion Amendment No. 1222, to prohibit Federal employ- to waive section 302(f) of the Congressional Budget ees who disclose classified information to persons not Act of 1974, with respect to Reid (for Byrd)

VerDate Aug 04 2004 05:41 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY5.REC D14JY5 D752 CONGRESSIONAL RECORD — DAILY DIGEST July 14, 2005 Amendment No. 1218, to provide additional fund- Terror, and Tsunami Relief, 2005 (Public Law ing for intercity passenger rail transportation, freight 109–13) providing information on matters relating rail, and mass transit. Subsequently, the point of to the Palestinian Security Services and Palestinian order that the amendment would provide spending Authority reform; which was referred to the Com- in excess of the subcommittee’s 302(b) allocation was mittee on Foreign Relations. (PM–17) Page S8298 sustained, and the amendment thus fell. Nominations Received: Senate received the fol- Pages S8264–66 lowing nominations: By 53 yeas to 45 nays (Vote No. 186), three-fifths Stewart A. Baker, of Virginia, to be an Assistant of those Senators duly chosen and sworn, not having Secretary of Homeland Security. voted in the affirmative, Senate rejected the motion Tracy A. Henke, of Missouri, to be Executive Di- to waive section 302(f) of the Congressional Budget rector of the Office of State and Local Government Act of 1974, with respect to Shelby Modified Coordination and Preparedness, Department of Amendment No. 1205, to allocate funds for certain Homeland Security. terrorism prevention activities, including rail and 1 Air Force nomination in the rank of general. transit security. Subsequently, the point of order that 1 Marine Corps nomination in the rank of general. the amendment would provide spending in excess of Routine lists in the Foreign Service, Navy. the subcommittee’s 302(b) allocation was sustained, and the amendment thus fell. Pages S8328–30 Pages S8260–64, S8266–68 Messages From the House: Pages S8298–99 A unanimous-consent agreement was reached pro- Measures Referred: Page S8299 viding that Hatch Amendment No. 1221, to clarify the source of funds allocated under Amendment No. Measures Placed on Calendar: Pages S8299, S8328 1171 to H.R. 2360, previousley agreed to on July Executive Communications: Pages S8299–S8301 13, 2005, was modified. Page S8252 Additional Cosponsors: Pages S8302–04 Senate insisted on its amendment, requested a conference with the House thereon, and the Chair Statements on Introduced Bills/Resolutions: was authorized to appoint the following conferees on Pages S8304–26 the part of the Senate: Senators Gregg, Cochran, Ste- Additional Statements: Pages S8296–98 vens, Specter, Domenici, Shelby, Craig, Bennett, Al- Amendments Submitted: Pages S8326–27 lard, Byrd, Inouye, Leahy, Mikulski, Kohl, Murray, Authority for Committees to Meet: Pages S8327–28 Reid, and Feinstein. Page S8290 Congressional Award Act Authorization: Senate Privilege of the Floor: Page S8328 passed S. 335, to reauthorize the Congressional Record Votes: Eleven record votes were taken Award Act. Page S8328 today. (Total–189) Pages S8251–54, S8265–66, S8268, Foreign Operations Appropriations—Agreement: S8279, S8290 A unanimous-consent agreement was reached pro- Adjournment: Senate convened at 9:30 a.m., and viding for the consideration of H.R. 3057, making adjourned at 8:21 p.m. until 9:30 a.m., on Friday, appropriations for foreign operations, export financ- July 15, 2005. (For Senate’s program, see the re- ing, and related programs for the fiscal year ending marks of the Acting Majority Leader in today’s September 30, 2006, at 10 a.m. on Friday, July 15, Record on page S8328. 2005; provided further, that the committee amend- ment in the nature of a substitute be agreed to and considered as original text for the purpose of further Committee Meetings amendment. Page S8290 (Committees not listed did not meet) Energy Policy Act—Agreement: A unanimous- consent agreement was reached providing that H.R. CAPITOL VISITOR CENTER 6, to ensure jobs for our future with secure, afford- Committee on Appropriations: Subcommittee on Legisla- able, and reliable energy, be printed, as passed. tive Branch held a hearing to examine the progress Page S8328 of the Capitol Visitor Center, receiving testimony Messages From the President: Senate received the from Alan M. Hantman, Architect of the Capitol; following message from the President of the United Bob Hixon, Capitol Visitor Center Project Manager; States: and Bernard L. Ungar, Director, and Terrell Dorn, Transmitting, pursuant to law, a report requested Assistant Director, both of the Physical Infrastruc- in section 2106 of the Emergency Supplemental Ap- ture Issues, Government Accountability Office. propriations Act for Defense, the Global War on Hearing recessed subject to the call.

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BUSINESS MEETING nominees testified and answered questions in their Committee on Appropriations: own behalf. Committee ordered favorably reported H.R. 3010, NATIONAL PARK SERVICE making appropriations for the Departments of Labor, Health and Human Services, and Education, and Re- Committee on Energy and Natural Resources: Sub- lated Agencies for the fiscal year ending September committee on National Parks concluded a hearing to 30, 2006, with an amendment in the nature of a examine the National Park Service’s business strategy substitute. for operation and management of the national park system, the National Parks Business Plan Initiative MILITARY JUSTICE (BPI), including development and implementation of Committee on Armed Services: Subcommittee on Per- business plans, use of business consultants, and in- sonnel concluded a hearing to examine military jus- corporating business practices into day-to-day oper- tice and detention policy in the global war on ter- ations, after receiving testimony from Bruce Sheaffer, rorism, after receiving testimony from Senator Comptroller, National Park Service, Department of Wyden; Daniel J. Dell’Orto, Principal Deputy Gen- the Interior; Thomas C. Kiernan, National Parks eral Counsel, Department of Defense; Major General Conservation Association, Washington, D.C.; Regi- Thomas J. Romig, JAGC, USA, Judge Advocate nald Hagood, Student Conservation Association, Ar- General, U.S. Army; Rear Admiral James E. lington, Virginia; and Geoffrey A. Baekey, McPherson, JAGC, USN, Judge Advocate General, PricewaterhouseCoopers, LLP, Boston, Massachusetts. and Rear Admiral James M. McGarrah, CEC, USN, Director, Office of the Administrative Review of De- NOMINATIONS tention of Enemy Combatants, both of the U.S. Committee on Environment and Public Works: Com- Navy; Brigadier General Kevin M. Sandkuhler, mittee concluded a hearing to examine the nomina- USMC, Staff Judge Advocate to the Commandant of tions of Marcus C. Peacock, of Minnesota, to be the Marine Corps; Major General Jack L. Rives, Deputy Administrator, Susan P. Bodine, of Mary- USAF, Deputy Judge Advocate General, and Briga- land, to be Assistant Administrator, Office of Solid dier General Thomas L. Hemingway, USAF, Legal Waste, who was introduced by Representative Dun- Advisor to the Appointing Authority for the Office can, and Granta Y. Nakayama, of Virginia, to be As- of Military Commissions, both of the U.S. Air Force; sistant Administrator, Office of Enforcement and William P. Barr, Arlington, Virginia, former Attor- Compliance Assurance, all of the Environmental Pro- ney General of the United States; Stephen A. tection Agency, after the nominees testified and an- Saltzburg, George Washington University Law swered questions in their own behalf. School, Washington, D.C.; and John D. Hutson, Franklin Pierce Law Center, Concord, New Hamp- NOMINATION shire. Committee on Foreign Relations: Committee concluded TERRORISM RISK INSURANCE ACT OF 2002 a hearing to examine the nomination of Henry Committee on Banking, Housing, and Urban Affairs: Crumpton, of Virginia, to be Coordinator for Committee held a hearing to examine the Depart- Counterterrorism, with the rank and status of Am- ment of the Treasury’s report to Congress entitled: bassador at Large, Department of State, after the ‘Assessment: The Terrorism Risk Insurance Act of nominee testified and answered questions in his own 2002’, focusing on assessing the likely capacity of behalf. the property and casualty insurance industry to offer CAPITAL REGION SECURITY insurance for terrorism risk after the termination of the Terrorism Risk Insurance Program, receiving tes- Committee on Homeland Security and Governmental Af- timony from John W. Snow, Secretary of the Treas- fairs: Subcommittee on Oversight of Government ury; and Ben S. Bernanke, Chairman, Council of Management, the Federal Workforce, and the Dis- Economic Advisers. trict of Columbia concluded a hearing to examine Hearing recessed subject to the call. how prepared the National Capitol Region is for ter- rorism, focusing on how the National Capitol Re- Nominations: gion (NCR) is spending its homeland security grant Committee on Energy and Natural Resources: Committee funding, the organizational structures established to concluded a hearing to examine the nominations of provide coordinated security, and if the NCR can be Mark A. Limbaugh, of Idaho, who was introduced used as a model for security in other regions of the by Senator Craig, and R. Thomas Weimer, of Colo- country, after receiving testimony from William O. rado, who was introduced by Senator Allard, each to Jenkins, Jr., Director, Homeland Security and Justice be an Assistant Secretary of the Interior, after the Issues, Government Accountability Office; Thomas J.

VerDate Aug 04 2004 05:41 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY5.REC D14JY5 D754 CONGRESSIONAL RECORD — DAILY DIGEST July 14, 2005 Lockwood, Director, Office of National Capital Re- joint hearing to examine S. 1057, to amend the In- gion Coordination, Department of Homeland Secu- dian Health Care Improvement Act to revise and ex- rity; George W. Foresman, Assistant to the Governor tend that Act, after receiving testimony from Charles of Virginia for Commonwealth Preparedness, Rich- W. Grim, Director, Indian Health Service, Depart- mond; Dennis R. Schrader, Director, Governor’s Of- ment of Health and Human Services; Rachel A. Jo- fice of Homeland Security in the State of Maryland, seph Lone-Pine Paiute Shoshone Reservation, Lone Annapolis; and Edward D. Reiskin, Deputy Mayor, Pine, California, on behalf of the National Steering Public Safety and Justice for the District of Colum- Committee for the Reauthorization of the Indian bia. Health Care Improvement Act, National Indian Health Board, and the National Congress of Amer- HOMELAND SECURITY ican Indians; Don Kashevaroff, Seldovia Village Committee on Homeland Security and Governmental Af- Tribe, Seldovia, Alaska, on behalf of the Tribal Self- fairs: Committee concluded a hearing to examine the Governance Advisory Committee, and the Alaska Department of Homeland Security, focusing on an Native Tribal Health Consortium; Richard Brannan, evaluation of the Department’s operations, policies Northern Arapaho Tribe, Fort Washakie, Wyoming; and structures to ensure that form and function are Ralph Forquera, Seattle Indian Health Board, Se- aligned to maximize the ability to achieve the secu- attle, Washington; Mary Williard, Yukon- rity outcomes associated with the overriding mission Kuskokwim Health Corporation, Bethel, Alaska, on of protecting the homeland, after receiving testi- behalf of the Alaska Native Health Board; and Rob- mony from Michael Chertoff, Secretary of Homeland ert M. Brandjord, Minnesota, on behalf of the Amer- Security. ican Dental Association. TERRORISM INTELLIGENCE Committee on Health, Education, Labor, and Pensions: Select Committee on Intelligence: Committee met in Committee met to discuss preparing an effective and closed session to receive a briefing on certain intel- immediate public health response in the aftermath of ligence matters from officials of the intelligence a terrorism attack, with Leah M. Devlin, North community. Carolina Department of Health and Human Services, Raleigh; Tara O’Toole, University of Pittsburgh BUSINESS MEETING Medical Center, Pittsburgh, Pennsylvania; Elin Committee on the Judiciary: Committee approved their Gursky, Advancing National Strategies and Enabling rules of procedure for the 109th Congress. Results (ANSER), Arlington, Virginia; John M. Also, committee resumed markup of S.1088, to Clerici, McKenna Long and Aldridge, and Chuck establish streamlined procedures for collateral review Ludlam, both of Washington, D.C.; George Barrett, of mixed petitions, but did not complete action Teva North America, North Wales, Pennsylvania; thereon, and recessed subject to the call. David P. Wright, PharmAthene, Annapolis, Mary- NOMINATIONS land; Clay Elward, Caterpillar, Inc., Peoria, Illinois; Bronwen A. Kaye, Wyeth, Madison, New Jersey; Committee on Veterans Affairs: Committee concluded a George W. Conk, Fordham Law School, New York, hearing to examine the nominations of James Philip New York; David Franz, National Agricultural Bio- Terry, of Virginia, to be Chairman of the Board of security Center, Manhattan, Kansas; and John Veterans’ Appeals, Department of Veterans Affairs, Pournoor, 3M Corporation, St. Paul, Minnesota. who was introduced by Senator Allen, and Charles S. Ciccolella, of Virginia, to be Assistant Secretary of INDIAN HEALTH CARE IMPROVEMENT Labor for Veterans’ Employment and Training, who ACT AMENDMENTS was introduced by Senator Warner, after the nomi- Committee on Indian Affairs/Committee on Health, Edu- nees testified and answered questions in their own cation, Labor, and Pensions: Committees concluded a behalf.

VerDate Aug 04 2004 05:41 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY5.REC D14JY5 July 14, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D755 House of Representatives conference: Messrs. Hunter, Weldon of Pennsylvania, Chamber Action and Skelton; Page H5809 Public Bills and Resolutions Introduced: 42 pub- From the Committee on Education and the Work- lic bills, H.R. 3276–3317; and 5 resolutions, H.J. force, for consideration of secs. 121, 632, 640, 2206, Res. 59–60; H. Con. Res. 209; and H. Res. and 2209 of the House bill, and secs. 625, 1103, 362–363 were introduced. Pages H5912–14 1104, and 1106 of the Senate amendment, and Additional Cosponsors: Pages H5914–16 modifications committed to conference: Messrs. Nor- wood, Sam Johnson of Texas, and Kind; Page H5809 Reports Filed: Reports were filed today as follows: From the Committee on Financial Services, for H.R. 1905, to amend the Small Tracts Act to fa- consideration of secs. 141–149 of the House bill, cilitate the exchange of small tracts of land (H. and secs. 161–164 and 505 of the Senate amend- Rept. 109–169, Pt. 1); ment, and modifications committed to conference: H.R. 1442, to complete the codification of title Messrs. Oxley, Ney, and Ms. Waters; Page H5809 46, United States Code, ‘‘Shipping’’, as positive law, From the Committee on Government Reform, for amended (H. Rept. 109–170); and consideration of secs. 102, 104, 105, 203, 205, 502, H.R. 1461, to reform the regulation of certain 624, 632, 701, 704, 1002, 1227, and 2304 of the housing-related Government-sponsored enterprises, House bill, and secs. 102, 104, 105, 108, 203, 502, and for other purposes, amended (H. Rept. 109–171, 625, 701–703, 723–725, 741–743, 939, and 1011 Pt. 1). Page H5912 of the Senate amendment, and modifications com- Energy Policy Act of 2005—Motion to Instruct mitted to conference: Messrs. Tom Davis of Virginia, Conferees: The House rejected the Capps motion to Issa, and Ms. Watson; Page H5809 instruct conferees on H.R. 6, to ensure jobs for our From the Committee on the Judiciary, for consid- future with secure, affordable, and reliable energy, eration of secs. 320, 377, 612, 625, 632, 663, 665, which was debated yesterday, July 13, by a yea-and- 1221, 1265, 1270, 1283, 1442, 1502, and 2208 of nay vote of 201 yeas to 217 nays, Roll No. 373. the House bill, and secs. 137, 211, 328, 384, 389, 625, 1221, 1264, 1269, 1270, 1275, 1280, and Page H5807 1402 of the Senate amendment, and modifications Later, the Chair appointed the following Members committed to conference: Messrs. Sensenbrenner, of the House to the conference committee on the Chabot, and Conyers; Page H5809 bill: from the Committee on Energy and Commerce, From the Committee on Resources, for consider- for consideration of the House bill and the Senate ation of secs. 204, 231, 330, 344, 346, 355, 358, amendment, and modifications committed to con- 377, 379, Title V, secs. 969–976, 1701, 1702, Title ference: Messrs. Barton of Texas, Hall, Bilirakis, XVIII, secs. 1902, 2001–2019, 2022–2031, 2033, Upton, Stearns, Gillmor, Shimkus, Shadegg, Pick- 2041, 2042, 2051–2055, Title XXI, Title XXII, ering, Blunt, Bass, Dingell, Waxman, Markey, Bou- and Title XXIV of the House bill, and secs. cher, Stupak, Wynn, and Ms. Solis; Provided that 241–245, 252, 253, 261–270, 281, 311–317, Mrs. Capps is appointed in lieu of Mr. Wynn for 319–323, 326, 327, 342–346, 348, 371, 387, 391, consideration of secs. 1501–1506 of the House bill, 411–414, 416, and 501–506 of the Senate amend- and secs. 221 and 223–225 of the Senate amend- ment, and modifications committed to conference: ment, and modifications committed to conference; Mr. Pombo, Mrs. Cubin, and Mr. Rahall; Page H5809 Page H5809 From the Committee on Rules, for consideration From the Committee on Agriculture, for consider- of sec. 713 of the Senate amendment, and modifica- ation of secs. 332, 344, 346, 1701, 1806, 2008, tions committed to conference: Messrs. Dreier, Lin- 2019, 2024, 2029, and 2030 of the House bill, and coln Diaz-Balart of Florida, and Ms. Slaughter; secs. 251–253, 264, 303, 319, 342, 343, 345, and Page H5809 347 of the Senate amendment, and modifications From the Committee on Science, for consideration committed to conference: Messrs. Goodlatte, Lucas, of secs. 108, 126, 205, 209, 302, 401–404, 411, and Peterson of Minnesota; Page H5809 416, 441, 601–607, 609–612, 631, 651, 652, 661, From the Committee on Armed Services, for con- 711, 712, 721–724, 731, 741–744, 751, 754, 757, sideration of secs. 104, 231, 601–607, 609–612, and 759, 801–811, Title IX, secs. 1002, 1225–1227, 661 of the House bill, and secs. 104, 281, 601–607, 1451, 1452, 1701, 1820, and Title XXIV of the 609, 610, 625, 741–743, 1005, and 1006 of the House bill, and secs. 125, 126, 142, 212, 230–232, Senate amendment, and modifications committed to 251–253, 302, 318, 327, 346, 401–407, 415, 503,

VerDate Aug 04 2004 05:41 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY5.REC D14JY5 D756 CONGRESSIONAL RECORD — DAILY DIGEST July 14, 2005 601–607, 609, 610, 624, 631–635, 706, 721, 722, Suspensions—Failed: The House failed to agree to 725, 731, 734, 751, 752, 757, 801, Title IX, Title suspend the rules and pass the following measure, X, secs. 1102, 1103, 1105, 1106, 1224, Title XIV, which was debated on Wednesday, July 13: secs. 1601, 1602, and 1611 of the Senate amend- East Asia Security Act of 2005: H.R. 3100, to ment, and modifications committed to conference: authorize measures to deter arms transfers by foreign Mr. Boehlert, Mrs. Biggert, and Mr. Gordon; Pro- countries to the People’s Republic of China, by a 2/ vided that Mr. Costello is appointed in lieu of Mr. 3 yea-and-nay vote of 215 yeas to 203 nays, Roll Gordon for consideration of secs. 401–404, 411, No. 374. Pages H5807–08 416, and 441 of the House bill, and secs. 401–407 Moment of Silence: The House observed a moment and 415 of the Senate amendment, and modifications of silence in memory of the victims of the London committed to conference; Pages H5809–10 bombings and in support of the British people. From the Committee on Transportation and Infra- Page H5808 structure, for consideration of secs. 101–103, 105, 108, 109, 137, 205, 208, 231, 241, 242, 320, Water Resources Development Act of 2005: The 328–330, 377, 379, 721–724, 741–744, 751, 755, House passed H.R. 2864, to provide for the con- servation and development of water and related re- 756, 758, 811, 1211, 1221, 1231, 1234, 1236, sources, to authorize the Secretary of the Army to 1241, 1281–1283, 1285, 1295, 1442, 1446, 2008, construct various projects for improvements to rivers 2010, 2026, 2029, 2030, 2207, and 2210 of the and harbors of the United States, by a yea-and-nay House bill, and secs. 101–103, 105, 107, 108, 281, vote of 406 yeas to 14 nays, Roll No. 378. 325, 344, 345, 383, 731–733, 752, 1211, 1221, Pages H5810–80 1231, 1233, 1235, 1261, 1263, 1266, and 1291 of Pursuant to the rule, the amendment in the na- the Senate amendment, and modifications committed ture of a substitute recommended by the Committee to conference: Messrs. Young of Alaska, Petri, and on Transportation & Infrastructure now printed in Oberstar; and Page H5810 the bill was considered as an original bill for the From the Committee on Ways and Means, for purpose of amendment. Pages H5879–80 consideration of Title XIII of the House bill, and Agreed to: secs. 135, 405, Title XV, and sec. 1611 of the Sen- Duncan amendment (no. 1 printed in H. Rept. ate amendment, and modifications committed to 109–160) that makes a number of technical and con- conference: Messrs. Thomas, Camp, and Rangel. forming changes to project-related provisions, and Page H5810 authorizes or modifies additional projects brought to Suspensions: The House agreed to suspend the rules the Committee’s attention; Pages H5863–69 and pass the following measures which were debated Menendez amendment (no. 2. printed in H. Rept. on Wednesday, July 13: 109–160) that provides an authorization for the en- vironmental restoration project in Liberty State Park, Condemning the terrorist attacks in London, New Jersey, contingent on a favorable Chief’s report England on July 7, 2005: H. Res. 356, condemning being issued prior to December 31, 2005; in the strongest terms the terrorist attacks in Lon- Pages H5869–70 don, England, on July 7, 2005, by a 2/3 yea-and- Stupak amendment (no. 3 printed in H. Rept. nay vote of 416 yeas with none voting ‘‘nay’’, Roll 109–160) that directs the Secretary of the Army No. 375; and Pages H5808–09 Corps to budget and request appropriations for oper- Commemorating the 60th anniversary of the ation and maintenance of harbor dredging projects conclusion of the war in the Pacific and hon- based only upon criteria used for such projects in oring the veterans of WWII: H. Con. Res. 191, FY04; and Pages H5870–72 amended, commemorating the 60th anniversary of Kind amendment (no. 7 printed in H. Rept. the conclusion of the war in the Pacific and hon- 109–160) that adds a new provision requiring the Secretary to make an annual report to Congress on oring veterans of both the Pacific and Atlantic thea- whether lock and dam construction and ecosystem ters of the Second World War, by a 2/3 yea-and-nay restoration projects are being carried out at com- vote of 399 yeas with none voting ‘‘nay’’, Roll No. parable rates. Pages H5876–78 379. Pages H5880–81 Rejected: Agreed to amend the title so as to read: com- Rohrabacher amendment (no. 4 printed in H. memorating the 60th anniversary of the conclusion Rept. 109–160) that sought to allow U.S. ports to of the War in the Pacific and honoring veterans of levy a container or tonnage fee on imports (by a re- both the Pacific and Atlantic theaters of the Second corded vote of 111 ayes to 310 noes, Roll No. 376); World War. Page H5881 and Pages H5872–73, H5878–79

VerDate Aug 04 2004 05:41 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY5.REC D14JY5 July 14, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D757 Flake amendment (no. 6 printed in H. Rept. Forest Service National Fire Plan. Testimony was 109–160) that sought to amend the Mississippi heard from the following officials of the USDA: River-Illinois Water Way Project to allow construc- Mary Rey, Under Secretary, Natural Resources and tion of locks and dams if certain requirements are Environment; and Dale Bosworth, Chief, Forest Serv- met (by a recorded vote of 105 ayes to 315 noes, ice; Robert A. Robinson, Managing Director, Nat- Roll No. 377). Pages H5873–76, H5879 ural Resources and Environment, GAO; Lynn H. Res. 346, the rule providing for consideration Scarlett, Assistant Secretary, Policy, Management of the bill was agreed to yesterday, July 13. and Budget, Department of the Interior; and Bruce Privileged Senate Message: The House received a D. McDowell, Fellow National Academy of Public privileged message from the Senate requesting that Administration. the House return to the Senate the papers accom- panying H.R. 2985, Legislative Branch Appropria- MID-SESSION REVIEW BUDGET FISCAL YEAR 2005 tions Act for FY 2006. Page H5810 Meeting Hour: Agreed that when the House ad- Committee on the Budget: Held a hearing on Mid-Ses- journ today, it adjourn to meet at 12:30 p.m. on sion Review Budget of the United States Govern- Monday, July 18 for morning hour debate, and when ment Fiscal Year 2006. Testimony was heard from the House adjourns on Monday, it adjourn to meet Joshua B. Bolten, Director, OMB. at 9 a.m. on Tuesday July 19. Page H5910 COLLEGE ACCESS AND OPPORTUNITY ACT Calendar Wednesday: Agreed to dispense with the OF 2005 Calendar Wednesday business of Wednesday, July Committee on Education and the Workforce: Sub- 20. Page H5882 committee on 21st Century Competitiveness ap- Celebrating Walt Disney’s contributions to our proved for full Committee action, as amended, H.R. nation: The House agreed by unanimous consent to 609, College Access and Opportunity Act of 2005. H. Res. 355, celebrating Walt Disney’s contribu- tions to our nation. Pages H5883–84 STATE HIGH RISK POOL FUNDING Agreed to the Tom Davis of Virginia amendment EXTENSION ACT; PATIENT SAFETY AND to the preamble. Page H5884 QUALITY IMPROVEMENT ACT Presidential Message: Read a message from the Committee on Energy and Commerce: Subcommittee on President wherein he submitted a report providing Health approved for full Committee action the fol- information on matters relating to the Palestinian lowing bills: H.R. 3204, State High Risk Pool Security Service and Palestinian Authority reform— Funding Extension Act of 2005; and H.R. 3205, Pa- referred to the Committee on International Relations tient Safety and Quality Improvement Act. and ordered printed (H. Doc.109–44). Page H5910 PROJECT BIOSHIELD—ONE YEAR LATER Senate Message: Message received from the Senate today appears on pages H5803 and H5910. Committee on Government Reform: Held a hearing enti- Senate Referrals: S. 1395 was held at the desk. tled ‘‘One Year Later: Evaluating the Effectiveness of Page H5803 Project BioShield.’’ Testimony was heard from the following officials of the Department of Health and Quorum Calls—Votes: Four yea-and-nay votes and Human Services: Stewart Simonson, Assistant Sec- two recorded votes developed during the proceedings retary, Public Health Emergency Preparedness; and of today and appear on pages H5807, H5808, Anthony S. Fauci, M.D., Director, National Institute H5808–09, H5878–79, H5879, H5880 and of Allergy and Infectious Diseases, NIH; John Vitko, H5880–81. There were no quorum calls. Jr., Director, Homeland Security Science and Tech- Adjournment: The House met at 10 a.m. and ad- nology Advisory Committee, Department of Home- journed at 7:14 p.m. land Security; and public witnesses. HOMELAND SECURITY DEPARTMENT Committee Meetings REVIEW OVERSIGHT—BUREAU OF LAND Committee on Homeland Security: Held a hearing enti- MANAGEMENT/FOREST SERVICE tled ‘‘The Secretary’s Second-Stage Review: Re- NATIONAL FIRE PLAN thinking the Department of Homeland Security’s Committee on Appropriations: Subcommittee on Inte- Organization and Policy Direction.’’ Testimony was rior, Environment, and Related Agencies held an heard from Michael Chertoff, Secretary of Homeland oversight hearing on Bureau of Land Management/ Security.

VerDate Aug 04 2004 05:41 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY5.REC D14JY5 D758 CONGRESSIONAL RECORD — DAILY DIGEST July 14, 2005 NORTH KOREAN NUCLEAR OVERSIGHT—CELL USE ON AIRCRAFT NEGOTIATIONS Committee on Transportation and Infrastructure: Sub- Committee on International Relations: Subcommittee on committee on Aviation held an oversight hearing on Asia and the Pacific held a hearing entitled ‘‘North Cell Phones on Aircraft: Nuisance or Necessity? Tes- Korean Nuclear Negotiations: Strategies and Pros- timony was heard from Nicholas Sabatini, Associate pects for Success.’’ Testimony was heard from public Administrator, Aviation Safety, FAA, Department of witnesses. Transportation; Julius Knapp, Deputy Chief, Office FEDERAL PRISON INDUSTRIES of Engineering and Technology, FCC; Laura Parsky, COMPETITION IN CONTRACTING ACT OF Deputy Assistant Attorney General, Criminal Divi- 2005 sion, Department of Justice; and a public witness. Committee on the Judiciary: Began markup of H.R. DISASTER RELIEF EQUITY ACT; RURAL 2965, Federal Prison Industries Competition in Con- DISASTER ASSISTANCE FAIRNESS ACT tracting Act of 2005. Committee on Transportation and Infrastructure: Sub- NEW YORK TRIBAL LAND CLAIMS committee on Economic Development, Public Build- ings and Emergency Management approved for full Committee on Resources: Held a hearing entitled ‘‘Status Committee the following bills: H.R. 3208, Disaster of Settling Recognized Tribes’ Land Claims in the Relief Equity Act of 2005; and H.R. 2338, amend- State of New York.’’ Testimony was heard from Mi- ed, Rural Disaster Assistance Fairness Act of 2005. chael Olsen, Acting Principal Deputy Assistant Sec- retary, Indian Affairs, Department of the Interior; VETERANS’ MEASURES and public witnesses. Committee on Veterans’ Affairs: Ordered reported the MISCELLANEOUS MEASURES following measures: H.R. 3200, Servicemembers’ Committee on Resources: Subcommittee on Forests and Group Life Insurance Enhancement Act of 2005; and Forest Health held a hearing on the following bills: H. Res. 361, Recognizing the 75th anniversary of H.R. 233, Northern California Coastal Wild Herit- the establishment of the Veterans Administration on age Wilderness Act; H.R. 1129, Pitkin County Land July 21, 1930. Exchange Act of 2005; H.R. 2720, Salt Cedar and WELFARE AND WORK DATA Russian Olive Control Demonstration Act; and H.R. Committee on Ways and Means: Subcommittee on 2875, Public Lands Corps Healthy Forests Restora- Human Resources held a hearing on Welfare and tion Act of 2005. Testimony was heard from the fol- Work Data. Testimony was heard from Wade F. lowing officials of the Department of the Interior: Horn, Assistant Secretary, Children and Families, Chad Calvert, Deputy Assistant Secretary, Lands and Department of Health and Human Services. Minerals Management; and Jim Tate, Science Advi- sor to the Secretary; Joel Holtrop, Deputy Chief, Na- BRIEFING—GLOBAL UPDATES tional Forest System, Forest Service, USDA; Sam Permanent Select Committee on Intelligence: Met in execu- Aanestad, Senator, State of California; and public tive session to receive a Briefing on Global Updates. witnesses. Testimony was heard from departmental witnesses. NASA AUTHORIZATION ACT OF 2005 Committee on Science: Ordered reported, as amended, Joint Meetings H.R. 3070, National Aeronautics and Space Admin- ENERGY POLICY ACT istration Authorization Act of 2005. Conferees met to resolve the differences between MISCELLANEOUS MEASURES the Senate and House passed versions of H.R. 6, to Committee on Small Business: Ordered reported, as ensure jobs for our future with secure, affordable, amended, the following bills: H.R. 230, National and reliable energy, but did not complete action Small Business Regulatory Assistance Act of 2005; thereon, and will meet again on Tuesday, July 19, H.R. 527, Vocational and Technical Entrepreneur- 2005. ship Development Act of 2005; H.R. 2981, To f amend the Small Business Act to expand and im- prove the assistance provided by Small Business De- NEW PUBLIC LAWS velopment Centers to Indian tribe members, Native (For last listing of Public Laws, see DAILY DIGEST, p. D 739) Alaskans, and Native Hawaiians; and H.R. 3207, H.R. 120, to designate the facility of the United Second-Stage Small Business Development Act of States Postal Service located at 30777 Rancho Cali- 2005. fornia Road in Temecula, California, as the ‘‘Dalip

VerDate Aug 04 2004 05:41 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY5.REC D14JY5 July 14, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D759 Singh Saund Post Office Building’’. Signed on July Stubenhofer Post Office Building’’. Signed on July 12, 2005. (Public Law 109–22) 12, 2005. (Public Law 109–30) H.R. 289, to designate the facility of the United H.R. 1524, to designate the facility of the United States Postal Service located at 8200 South Vermont States Postal Service located at 12433 Antioch Road Avenue in Los Angeles, California, as the ‘‘Sergeant in Overland Park, Kansas, as the ‘‘Ed Eilert Post Of- First Class John Marshall Post Office Building’’. fice Building’’. Signed on July 12, 2005. (Public Signed on July 12, 2005. (Public Law 109–23) Law 109–31) H.R. 324, to designate the facility of the United H.R. 1542, to designate the facility of the United States Postal Service located at 321 Montgomery States Postal Service located at 695 Pleasant Street Road in Altamonte Springs, Florida, as the ‘‘Arthur in New Bedford, Massachusetts, as the ‘‘Honorable Stacey Mastrapa Post Office Building’’. Signed on Judge George N. Leighton Post Office Building’’. July 12, 2005. (Public Law 109–24) Signed on July 12, 2005. (Public Law 109–32) H.R. 504, to designate the facility of the United H.R. 2326, to designate the facility of the United States Postal Service located at 4960 West Wash- States Postal Service located at 614 West Old Coun- ington Boulevard in Los Angeles, California, as the ty Road in Belhaven, North Carolina, as the ‘‘Floyd ‘‘Ray Charles Post Office Building’’. Signed on July Lupton Post Office’’. Signed on July 12, 2005. (Pub- 12, 2005. (Public Law 109–25) lic Law 109–33) H.R. 627, to designate the facility of the United S. 1282, to amend the Communications Satellite States Postal Service located at 40 Putnam Avenue Act of 1962 to strike the privatization criteria for in Hamden, Connecticut, as the ‘‘Linda White-Epps INTELSAT separated entities, remove certain restric- Post Office’’. Signed on July 12, 2005. (Public Law tions on separated and successor entities to 109–26) INTELSAT. Signed on July 12, 2005. (Public Law H.R. 1072, to designate the facility of the United 109–34) States Postal Service located at 151 West End Street f in Goliad, Texas, as the ‘‘Judge Emilio Vargas Post Office Building’’. Signed on July 12, 2005. (Public COMMITTEE MEETINGS FOR FRIDAY, JULY Law 109–27) 15, 2005 H.R. 1082, to designate the facility of the United (Committee meetings are open unless otherwise indicated) States Postal Service located at 120 East Illinois Ave- Senate nue in Vinita, Oklahoma, as the ‘‘Francis C. Goodpaster Post Office Building’’. Signed on July Committee on Homeland Security and Governmental Affairs: 12, 2005. (Public Law 109–28) Subcommittee on Federal Financial Management, Govern- H.R. 1236, to designate the facility of the United ment Information, and International Security, to hold an oversight hearing to examine the United States’ relation- States Postal Service located at 750 4th Street in ship with the World Trade Organization, focusing on the Sparks, Nevada, as the ‘‘Mayor Tony Armstrong Me- role of the World Trade Organization and its impact on morial Post Office’’. Signed on July 12, 2005. (Pub- national sovereignty and economic security, 9:30 a.m., lic Law 109–29) SD–562. H.R. 1460, to designate the facility of the United States Postal Service located at 6200 Rolling Road House in Springfield, Virginia, as the ‘‘Captain Mark No committee meetings are scheduled.

VerDate Aug 04 2004 05:41 Jul 15, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY5.REC D14JY5 D760 CONGRESSIONAL RECORD — DAILY DIGEST July 14, 2005

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, July 15 12:30 p.m., Monday, July 18

Senate Chamber House Chamber Program for Friday: After the transaction of any morn- Program for Monday: To be announced. ing business (not to extend beyond 10 a.m.), Senate will begin consideration of H.R. 3057, Foreign Operations Appropriations.

Extensions of Remarks, as inserted in this issue

HOUSE Frank, Barney, Mass., E1490 Schiff, Adam B., Calif., E1488, E1489 Gonzalez, Charles A., Tex., E1489 Schwarz, John J.H. ‘‘Joe’’, Mich., E1488, E1490 Brown-Waite, Ginny, Fla., E1492 Green, Gene, Tex., E1491 Shaw, E. Clay, Jr., Fla., E1488, E1489 Burgess, Michael C., Tex., E1490 Gutierrez, Luis V., Ill., E1491 Udall, Mark, Colo., E1487, E1488 Cooper, Jim, Tenn., E1492 Hastings, Alcee L., Fla., E1491 Van Hollen, Chris, Md., E1487, E1488, E1489 Farr, Sam, Calif., E1487, E1488 Jones, Walter B., N.C., E1487 Wilson, Heather, N.M., E1490

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